Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
66Directions by principal certifiers about non-compliance—the Act, s 6.31
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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.