New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT (SAVINGS AND TRANSITIONAL) REGULATION 1998 - REG 49A

49A Conditions on buildings and works arising from existing development consents

(1) This clause applies to a building or work (including work in the nature of subdivision work) authorised or required by:

(a) a development consent granted under the unamended EP&A Act 1979 before the appointed day, or

(b) a development consent granted under the unamended EP&A Act 1979 on or after the appointed day in response to a development application made under that Act before the appointed day,

referred to in this clause as the "original development consent".

(2) After receiving an application for a construction certificate under the amended EP&A Act 1979 for a building or work to which this clause applies, the certifying authority for the development (which, by virtue of clause 30, will be a consent authority or council) may impose such conditions on the construction certificate:

(a) as it could have imposed on an approval under the unamended LG Act 1993, or

(b) in the case of work in the nature of subdivision work, as it could have imposed on a subdivision approval under Part 12 of the repealed LG Act 1919.

(3) Conditions imposed under subclause (2):

(a) are not to deal with matters of a kind that, under the amended EP&A Act 1979 or the amended EP&A Regulation 1994, must be done before the construction certificate may be issued, and

(b) are not to be inconsistent with any conditions to which the original development consent is subject.

(4) A construction certificate in relation to the erection of a building is not to be forwarded or delivered to the person to whom it is granted unless:

(a) the certifying authority for the development (which, by virtue of clause 30, will be a consent authority or council) is satisfied that 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, and

(b) the certificate identifies the classification of the building in accordance with the Building Code of Australia .