39Determination of application for occupation certificate

#### 39 Determination of application for occupation certificate 39 Determination of application for occupation certificate > > (1) A certifier must ensure the certifier’s determination of an application for an occupation certificate contains the following information— > > > > > (a) the date on which the application was determined, > > > > > (b) whether the application is approved or refused, > > > > > (c) if the application is refused— > > > > > > > (i) the reasons for the refusal, and > > > > > > > (ii) if the certifier is a council—the applicant’s right of appeal under the Act. > > > (2) Within 2 days after determining the application, the certifier must use the NSW planning portal to— > > > > > (a) give the determination to the applicant, and > > > > > (b) give a copy of the following to the consent authority and council— > > > > > > > (i) the determination, > > > > > > > (ii) the documents that were lodged with the application for the occupation certificate, > > > > > > > (iii) if an occupation certificate was issued—the certificate, > > > > > > > (iv) the records required to be made of critical stage inspections or other inspections required under this Regulation and any missed inspections, > > > > > > > (v) a compliance certificate and other documentary evidence, whether or not of a kind referred to in the Building Code of Australia, A5G3, relied on to issue the occupation certificate. > > Maximum penalty (subsections (1) and (2))— > > > (a) for a corporation—300 penalty units, or > > > (b) for an individual—150 penalty units. > > **s 39:** Am 2023 (71), Sch 1.4\[7\].