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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
64Missed progress inspections
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#### 64 Missed progress inspections
64 Missed progress inspections
> > (1) Within 2 days after a person who is not the principal certifier becomes aware that an inspection that the person was required to carry out has been missed, the person must notify the principal certifier of the circumstances of the missed inspection.
>
> > (2) Within 2 days after becoming aware that an inspection has been missed, the principal certifier must—
> >
> > > (a) notify the following—
> > >
> > > > (i) the person who appointed the principal certifier,
> > >
> > > > (ii) the principal contractor, if a principal contractor was required to be appointed for the work,
> > >
> > > > (iii) the owner-builder, if the work is being done by an owner-builder, and
> >
> > > (b) if satisfied of the following matters, make a record of the relevant information and give a copy of the record to the person who appointed the principal certifier—
> > >
> > > > (i) the inspection was missed because of unavoidable circumstances,
> > >
> > > > (ii) the work that would have been the subject of the missed inspection is satisfactory.
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> > (3) If the principal certifier is satisfied of the matters specified in subsection (2)(b) and complies with subsection (2), the missed inspection is taken to not be required to have been carried out for the purposes of section 61(1) or 62(2).
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> > (4) This section does not apply if a final critical stage inspection referred to in section 61 or 62 is missed.
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> > (5) In this section—
> >
> > required information means the following—
> >
> > > (a) a description of the development and the class of the building,
> >
> > > (b) the address and folio identifier of the land,
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> > > (c) the registered numbers of the development consent and the construction certificate,
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> > > (d) the name and registration number of the principal certifier,
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> > > (e) the name, address and telephone number of the principal contractor or owner-builder and, if that person is required to hold a licence or permit, the number of the licence or permit,
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> > > (f) details of the inspection that was missed and the unavoidable circumstances,
> >
> > > (g) a statement that the principal certifier is satisfied the work that would have been the subject of the missed inspection is satisfactory,
> >
> > > (h) the documentary evidence relied on to satisfy the principal certifier that the work that would have been the subject of the missed inspection is satisfactory, including evidence of a kind referred to in the Building Code of Australia, A5G3.
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> Maximum penalty (subsections (1) and (2))—
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> > (a) for a corporation—300 penalty units, or
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> > (b) for an individual—150 penalty units.
>
> **s 64:** Am 2023 (71), Sch 1.4\[8\].