New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 109R

109R Building, demolition and incidental work

(1) In this section:
"Crown" has the same meaning as it has in Division 4 of Part 4 except that a reference in section 88 (2) to a thing prescribed by the regulations for the purposes of that Division is to be read as a thing prescribed by the regulations for the purposes of this section.
"Crown building work" means development (other than exempt development), or an activity within the meaning of Part 5, by the Crown that comprises:

(a) the erection of a building, or

(b) the demolition of a building or work, or

(c) the doing of anything that is incidental to the erection of a building or the demolition of a building or work.

"technical provisions of the State’s building laws" means those provisions of:

(a) the regulations, or

(b) a publication, the provisions of which have been applied, adopted or incorporated by the regulations,

that are prescribed by the regulations to be technical provisions of the State’s building laws for the purposes of this section.

(2) Crown building work cannot be commenced unless the Crown building work is certified by or on behalf of the Crown to comply with the technical provisions of the State’s building laws in force as at:

(a) the date of the invitation for tenders to carry out the Crown building work, or

(b) in the absence of tenders, the date on which the Crown building work commences, except as provided by this section.

(3) A Minister, by order in writing, may at any time determine in relation to buildings generally or a specified building or buildings of a specified class that a specified technical provision of the State’s building laws:

(a) does not apply, or

(b) does apply, but with such exceptions and modifications as may be specified.

(4) A determination of a Minister applies only to:

(a) a building erected on behalf of the Minister, or

(b) a building erected by or on behalf of a person appointed, constituted or regulated by or under an Act administered by the Minister.

(5) A determination of a Minister has effect according to its tenor.