New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 162C

162C Progress inspection unavoidably missed

(1) If the circumstances described in subclause (2) apply:

(a) an inspection, other than a final inspection, that would be prescribed for the purposes of section 109E (3) (d) of the Act in the absence of this clause, is not prescribed for the purposes of that paragraph, and

(b) an inspection that is not prescribed for the purposes of that paragraph, but is required to be carried out by the principal certifying authority under that paragraph, need not be carried out.

(2) The circumstances are:

(a) the inspection was missed because of circumstances that the principal certifying authority considers were unavoidable, and

(b) the principal certifying authority is satisfied that the work that would have been the subject of the missed inspection was satisfactory, and

(c) the principal certifying authority, as soon as practicable after becoming aware of the circumstances that caused the inspection to be missed, makes a record in accordance with subclause (3).

(3) The record of a missed inspection must include the following:

(a) a description of the development to which the record relates and of the class of the building concerned,

(b) the address and land title particulars (such as the Lot and DP numbers) of the property concerned,

(c) the registered number of the development consent and the construction certificate or of the complying development certificate,

(d) the name and accreditation number of the principal certifying authority,

(e) the name, address and telephone number of the principal contractor or owner builder and, if that person is required to be the holder of a licence or permit, the number of that licence or permit,

(f) particulars of the inspection that was missed and of the circumstances that the principal certifying authority considers were unavoidable that caused it to be missed,

(g) a statement that the principal certifying authority is satisfied that the work that would have been the subject of the missed inspection was satisfactory,

(h) the documentary evidence that was relied on to satisfy the principal certifying authority that the work that would have been the subject of the missed inspection was satisfactory, including (but not limited to) documentary evidence of a kind referred to in Part A2, clause A2.2, of the Building Code of Australia .

(4) Within 2 days after a person who is not the principal certifying authority becomes aware that an inspection described in subclause (1) that was required to be carried out by him or her has been missed, he or she must inform the principal certifying authority of that fact and of the circumstances causing the inspection to be missed.

(5) Within 2 days after becoming aware that an inspection, other than a final inspection, has been missed, the principal certifying authority:

(a) must notify that fact to the person who appointed the principal certifying authority and in the case of work for which a principal contractor is required to be appointed, the principal contractor or, in the case of work being done by an owner builder, the owner builder, and

(b) must send a copy of the record made under this clause to the person who appointed the principal certifying authority.

(6) In this clause, "final inspection" means an inspection described in clause 162A (4) (g), (5) (d) or (6) (c).