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].