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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
37Application for occupation certificate
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#### 37 Application for occupation certificate
37 Application for occupation certificate
> > (1) An application for an occupation certificate must—
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> > > (a) be in the approved form, and
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> > > (b) include all the information and documents specified in the approved form or required by the Act or this Regulation, and
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> > > (c) be lodged on the NSW planning portal.
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> > (2) An application for an occupation certificate must be accompanied by a copy of the following documents that are relevant—
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> > > (a) a development consent,
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> > > (b) a construction certificate,
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> > > (c) a fire safety certificate,
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> > > (d) a compliance certificate.
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> > (3) An application that relates to development with an estimated development cost of $10 million or more, as specified in the development application, must also be accompanied by a copy of the following documents—
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> > > (a) if the certifier determining the application is a registered certifier—a document from the relevant council certifying that a monetary contribution or levy under the Act, section 7.11 or 7.12—
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> > > > (i) is not required to be paid before an occupation certificate is issued, or
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> > > > (ii) is required and has been paid,
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> > > (b) if the building resulting from the development is on land in a special contributions area—a document from the Planning Secretary certifying that a development contribution under the Act, former section 7.24—
> > >
> > > > (i) is not required to be made before an occupation certificate is issued, or
> > >
> > > > (ii) is required and has been made.
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> > (4) An application that relates to a development consent that was granted with a condition requiring a commitment listed in a BASIX certificate to be fulfilled must also be accompanied by a copy of each relevant BASIX certificate.
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> > (5) An application for an occupation certificate may only be made by a person who is eligible to appoint a principal certifier for the development.
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> > (6) The principal certifier for the development must notify the applicant through the NSW planning portal that the application has been lodged.
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> > Maximum penalty (subsection (6))—
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> > > (a) for a corporation—150 penalty units, or
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> > > (b) for an individual—75 penalty units.
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> **s 37:** Am 2023 (512), Sch 2\[1\]; 2023 (547), Sch 2\[1\]\[2\].