New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 109D

109D Certifying authorities

(1) Subject to subsections (2) and (3), the following kinds of Part 4A certificate may be issued by the following kinds of persons:

(a) a compliance certificate may be issued by a consent authority, the council or an accredited certifier,

(b) a construction certificate may be issued by a consent authority, the council or an accredited certifier,

(c) an occupation certificate may be issued by a consent authority, the council or an accredited certifier,

(d) a subdivision certificate may be issued:

(i) in the case of subdivision the subject of development consent, by the consent authority or the council,

(ii) in the case of subdivision that is not the subject of development consent, by the council,

(iii) in the case of subdivision carried out by or on behalf of the Crown or a prescribed person, by the Crown or prescribed person or by any person acting on behalf of the Crown or prescribed person,

(iv) in the case of subdivision of a kind identified by an environmental planning instrument as one in respect of which an accredited certifier may be a certifying authority, by an accredited certifier.

(1A) For the purposes of subsection (1) (d) (iv), an environmental planning instrument that identifies subdivision in respect of which a subdivision certificate may be issued by an accredited certifier may place restrictions on the issue of such certificates by accredited certifiers.

(2) An occupation certificate must not be issued to authorise a person to commence occupation or use of a new building except by the principal certifying authority appointed for the erection of the building.

(3) A subdivision certificate must not be issued for a subdivision involving subdivision work except by the principal certifying authority appointed for the carrying out of the subdivision work.

(4) In this section:
"new building" includes an altered portion of, or an extension to, an existing building.