New South Wales Consolidated Acts

RESIDENTIAL APARTMENT BUILDINGS (COMPLIANCE AND ENFORCEMENT POWERS) ACT 2020 - SECT 9

9 Occupation certificates and strata plan registrations not to occur in certain circumstances

(1) The Secretary may make an order prohibiting the issue of an occupation certificate in relation to a residential apartment building and, if relevant, the registration of a strata plan for a strata scheme in relation to a residential apartment building (a
"prohibition order" ) if any one or more of the following apply--

(a) the expected completion notice required to be given to the Secretary under this Part was not given or was given less than 6 months before the application for the occupation certificate was made (unless the expected completion notice was duly given under section 7(3)),

(b) an expected completion amendment notice of a new expected date required to be given to the Secretary under this Part was not given or was given less than 6 months before the application for the occupation certificate was made,

(c) the Secretary is satisfied that a serious defect in the building exists,

(c1) a rectification bond required under the terms of an undertaking given by the developer relating to the residential apartment building has not been provided to the Secretary,

(d) any building bond required under section 207 of the Strata Schemes Management Act 2015 in relation to the building has not been given to the Secretary,

(e) a developer, in relation to building work of the residential apartment building, fails to comply with a direction of an authorised officer under section 17 or 18,

(f) other circumstances prescribed by the regulations for the purposes of this section exist.

(2) Without limiting subsection (1)(c), the Secretary may be satisfied that a serious defect in a building exists if--

(a) a building work rectification order has been made in relation to the building and has not been revoked, or

(b) a development control order under the Environmental Planning and Assessment Act 1979 relating to defects in building work has been made in relation to the building and has not been revoked.

(3) If the Secretary makes a prohibition order, the Secretary must give the following persons notice of the making of the order--

(a) the relevant local council,

(b) if the local council is not the certifier in relation to the building work--the principal certifier,

(c) a developer in relation to the building work,

(d) if the owner of the land concerned is not the developer--the owner of the land concerned,

(e) the Registrar-General,

(f) any other person prescribed by the regulations.

(4) A prohibition order remains in force until one of the following occurs--

(a) the order is revoked by the Secretary,

(b) the term (if any) of the order ends.

(5) The Secretary is not required to give notice to a person under subsection (3) if the Secretary is unable, after making reasonable inquiries, to ascertain the identity of, or to locate, the person to whom notice would otherwise be required to be given.

(6) An occupation certificate issued in contravention of a prohibition order is invalid.

(7) A principal certifier (other than a council) must not issue an occupation certificate in contravention of a prohibition order.

: Maximum penalty (subsection (7))--1,000 penalty units (in the case of a body corporate) or 200 penalty units (in any other case).