ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.28 Process for obtaining complying development certificates

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 4.28

4.28 Process for obtaining complying development certificates

(cf previous s 85A)

(1) An applicant may, in accordance with the regulations, apply to a council or registered certifier for a complying development certificate.

(2) The regulations may specify the kind of development for which a registered certifier is not authorised to issue a complying development certificate.

(3) Evaluation The council or registered certifier must consider the application and determine--

(a) whether or not the proposed development is complying development, and

(b) whether or not the proposed development complies with the relevant development standards, and

(c) if the proposed development is complying development because of the provisions of a local environmental plan, or a local environmental plan in relation to which the council has made a development control plan, that specifies standards and conditions for the complying development, whether or not the proposed development complies with those standards and conditions.

(4) A council or registered certifier must not refuse to issue a complying development certificate on the ground that any building product or system relating to the development does not comply with a requirement of the Building Code of Australia if the building product or system is accredited in respect of that requirement in accordance with the regulations.

(5) A council, an employee of a council and a registered certifier do not incur any liability as a consequence of acting in accordance with subsection (4).

(6) Determination The council or a registered certifier may determine an application--

(a) by issuing a complying development certificate, unconditionally or (to the extent required by the regulations, an environmental planning instrument or a development control plan) subject to conditions, or

(b) by refusing to issue a complying development certificate.

Note : Part 8 provides that there is no right of review or appeal in relation to a determination of, or a failure to determine, an application for a complying development certificate.

(7) The council or a registered certifier must not refuse to issue a complying development certificate if the proposed development complies with the development standards applicable to it and complies with other requirements prescribed by the regulations relating to the issue of a complying development certificate.

(8) The determination of an application by the council or registered certifier must be completed within the period prescribed by the regulations (or such longer period as may be agreed to by the applicant) after lodgment of the application.

(9) In determining the application, the council or the registered certifier must impose a condition that is required to be imposed under Division 7.1 in relation to the complying development.

(9A) "Deferred commencement" certificate A complying development certificate may be granted subject to a condition that the certificate is not to operate until the applicant satisfies the council or certifier who issued the certificate, in accordance with the regulations, as to any matter specified in the condition. Nothing in this Act prevents a person from doing such things as may be necessary to comply with the condition.

(10A) Payment of long service levy Where a council or registered certifier completes a complying development certificate, that certificate is not to be forwarded or delivered to the applicant, unless any long service levy payable under section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) has been paid.

(11) Post-determination notification On the determination of an application for the issue of a complying development certificate--

(a) the council or registered certifier must notify the applicant of the determination, and

(b) the registered certifier must notify the council of the determination, and

(c) if the determination is to issue a complying development certificate, the council or registered certifier must notify any other person, if required to do so by the regulations, in accordance with the regulations.

(12) For the purposes of subsection (7),
"development standard" includes a provision of a development control plan that would be a development standard, within the meaning of section 1.4, if the provision were in an environmental planning instrument.