Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
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116 Objections to Building Code of Australia standards
(1) An applicant may lodge an objection with the consent authority or certifier that—
(a) the Building Code of Australia, as applied by a relevant provision, does not make appropriate provision for—
(i) the building in relation to which the change of building use is sought, or
(ii) the building to be used as an entertainment venue, or
(iii) the building work, or
(b) compliance with a specified provision of the Building Code of Australia, as applied by a relevant provision, is unreasonable or unnecessary in the circumstances.
(2) The objection must—
(a) specify the grounds of the objection, and
(b) for proposed building work—include a copy of the building work plans and specifications.
(3) An objection relating to a Category 3 fire safety provision, as applied by a relevant provision, must—
(a) indicate if a similar objection has been made to the Fire Commissioner under section 111, and
(b) be accompanied by a copy of the Fire Commissioner’s determination of the objection.
(4) An applicant for an application referred to in section 115(1)(a) or (b) cannot lodge an objection to a Category 1 fire safety provision, as applied by a relevant provision, if the application has already been determined by the granting of development consent.