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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
62Critical stage inspections for building work at ports
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#### 62 Critical stage inspections for building work at ports
62 Critical stage inspections for building work at ports
> > (1) This section applies to building work that—
> >
> > > (a) is on land to which [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 5 applies, and
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> > > (b) results in a structure that—
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> > > > (i) does not have a classification under the Building Code of Australia, or
> > >
> > > > (ii) is, or is of a kind, declared by the Planning Secretary, by notice published in the Gazette, to be a structure to which this section applies.
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> > (2) The person having the benefit of the development consent must ensure that building work to which the development consent relates is inspected before the use of the structure commences—
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> > > (a) on the occasions specified in subsection (3) (the critical stage inspections), and
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> > > (b) on other occasions required by the principal certifier.
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> > Maximum penalty (subsection (2))—
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> > > (a) for a corporation—300 penalty units, or
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> > > (b) for an individual—150 penalty units.
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> > (3) The building work must be inspected on the following occasions—
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> > > (a) after excavation for, and before the placement of, a footing,
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> > > (b) before pouring an in-situ reinforced concrete building element,
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> > > (c) on completion of the building work (the final critical stage inspection).
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> > (4) The critical stage inspections and other inspections required under subsection (2)(b) must be carried out by—
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> > > (a) the principal certifier, or
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> > > (b) another certifier, as agreed with the principal certifier.
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> > (5) Despite subsection (4), the final critical stage inspection must be carried out by the principal certifier.
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> > (6) Before carrying out the final critical stage inspection, the principal certifier must be satisfied the principal certifier has been given all certificates that the principal certifier must be given as a condition, under [State Environmental Planning Policy (Three Ports) 2013](/view/html/repealed/current/epi-2013-0228), of a complying development certificate authorising the building work.
>
> **s 62:** Am 2022 (40), Sch 2\[3\].