ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 136A Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 136A

136A Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

(cf clauses 78 and 78A of EP[#38]A Regulation 1994)

(1) A complying development certificate for development that involves any building work must be issued subject to the following conditions--

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia ,

(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance must be entered into and be in force before any building work authorised to be carried out by the certificate commences.

(1A) A complying development certificate for a temporary structure that is used as an entertainment venue must be issued subject to the condition that the temporary structure must comply with Part B1 and NSW Part H102 of Volume One of the Building Code of Australia (as in force on the date the application for the relevant complying development certificate is made).

(2) This clause does not limit any other conditions to which a complying development certificate may be subject, as referred to in section 4.28(6)(a) of the Act.

(3) This clause does not apply--

(a) to the extent to which an exemption is in force under clause 164B, 187 or 188, subject to the terms of any condition or requirement referred to in clause 164B(4), 187(6) or 188(4), or

(b) to the erection of a temporary building, other than a temporary structure that is used as an entertainment venue.

(4) In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant complying development certificate is made.

Note : There are no relevant provisions in the Building Code of Australia in respect of temporary structures that are not entertainment venues.