New South Wales Consolidated Acts

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Directions by principal certifiers

6.31 Directions by principal certifiers

(1) If a principal certifier for an aspect of development becomes aware of any non-compliance to which this section applies in respect of the aspect of development, the principal certifier must issue (or, if the principal certifier is a council, may issue) a notice in writing to the person responsible for carrying out that aspect of the development--
(a) identifying the matter that has resulted or would result in the non-compliance, and
(b) directing the person to take specified action within a specified period to remedy the matter.
(2) If a principal certifier gives a direction under this section and the direction is not complied with within the time specified in the notice containing the direction, the principal certifier who issued the direction (if not the consent authority) is, within the period prescribed by the regulations, to send a copy of the notice to the consent authority and to notify the consent authority of the fact that the direction has not been complied with.
(3) The regulations may make provision for or with respect to the following--
(a) the non-compliances to which this section applies,
(b) the procedure for issuing notices under this section,
(c) requirements in relation to follow-up action,
(d) the keeping of records in relation to notices given and follow-up action taken,
(e) requirements for any matter or record relating to a notice or follow-up action to be notified to specified persons.

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