NSWIn ForceRegulation
Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
66Directions by principal certifiers about non-compliance—the Act, s 6.31
Start here
Get a plain-English read of 66
Turn the raw legal text into a practical explanation grounded in Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
#### 66 Directions by principal certifiers about non-compliance—the Act, s 6.31
66 Directions by principal certifiers about non-compliance—the Act, s 6.31
> > (1) The Act, section 6.31 applies in relation to the carrying out of works otherwise than in compliance with a development consent, including approved plans and development consent conditions.
>
> > (2) The Act, section 6.31 does not apply in relation to non-compliance identified during—
> >
> > > (a) a critical stage inspection, or
> >
> > > (b) an inspection under this section.
>
> > (3) A notice containing a direction by a principal certifier under the Act, section 6.31 must—
> >
> > > (a) be in the approved form, and
> >
> > > (b) be issued within 2 business days after the certifier becomes aware of the non-compliance.
>
> > (4) At the end of the period specified in a notice for compliance, the principal certifier must inspect the site to assess whether the direction has been complied with.
>
> > (5) The principal certifier must—
> >
> > > (a) make a record of the inspection, and
> >
> > > (b) give a copy of the record to the person responsible for carrying out the part of the development to which the non-compliance relates.
>
> > (6) The inspection record must include the following information—
> >
> > > (a) the address of the site of the inspection,
> >
> > > (b) the date of the inspection,
> >
> > > (c) if the inspection was carried out by a council—
> > >
> > > > (i) the name of the council, and
> > >
> > > > (ii) the name and signature of the individual who carried out the inspection,
> >
> > > (d) if the inspection was carried out by a registered certifier—
> > >
> > > > (i) the name and registration number of the registered certifier, and
> > >
> > > > (ii) if the registered certifier is a registered body corporate—the name and registration number of the individual who carried out the inspection,
> >
> > > (e) details about whether the direction has been complied with.
>
> > (7) For the purposes of the Act, section 6.31(2), the prescribed period is 2 days after the inspection is carried out.
>
> > (8) A copy of a notice under the Act, section 6.31(2) that a direction has not been complied with must be given to the owner of the land, including an owners corporation, to which the direction relates.