New South Wales Consolidated Acts New South Wales Consolidated Acts(cf previous ss 109H(1), 109M, 109N)
(1) An occupation certificate is required for--(a) the commencement of the occupation or use of the whole or any part of a new building, or(b) the commencement of a change of building use for the whole or any part of an existing building.
(2) However, an occupation certificate is not required--(a) for the commencement of the occupation or use of a new building--(i) for any purpose if the erection of the building is or forms part of exempt development or development that does not otherwise require development consent, or(ii) that is the subject of a compliance certificate in circumstances in which that certificate is an authorised alternative to an occupation certificate (such as a swimming pool or altered part of an existing building), or(iii) by such persons or in such circumstances as may be prescribed by the regulations, or(iv) that has been erected by or on behalf of the Crown or by or on behalf of a person prescribed by the regulations, or(b) for the commencement of a change of building use for the whole or any part of an existing building--(i) if the change of building use is or forms part of exempt development or development that does not otherwise require development consent, or(ii) by such persons or in such circumstances as may be prescribed by the regulations, or(iii) if the existing building has been erected by or on behalf of the Crown or by or on behalf of a person prescribed by the regulations.