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Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
78Fire safety schedules
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#### 78 Fire safety schedules
78 Fire safety schedules
> > (1) This section applies to a person who—
> >
> > > (a) grants a development consent for a change of building use, other than by a complying development certificate, if building work is not—
> > >
> > > > (i) proposed by the applicant for the consent, or
> > >
> > > > (ii) required by the consent authority, or
> >
> > > (b) issues a complying development certificate for the erection of a building or a change of building use, or
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> > > (c) issues a construction certificate for building work, or
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> > > (d) gives a relevant order or accepts an undertaking in relation to premises.
>
> > (2) A person must—
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> > > (a) issue a schedule (a fire safety schedule)—
> > >
> > > > (i) in the approved form, and
> > >
> > > > (ii) containing the matters specified in section 79, and
> >
> > > (b) ensure the requirements of this section relating to the fire safety schedule are complied with.
> >
> > Maximum penalty (subsection (2))—
> >
> > > (a) for a corporation—300 penalty units, or
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> > > (b) for an individual—150 penalty units.
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> > (3) For a relevant order in relation to which a further order is made under the Act, Schedule 5, clause 1, the fire safety schedule must be issued when the further order is made.
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> > (4) A fire safety schedule is not required to be issued if—
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> > > (a) the work for which a complying development certificate or construction certificate will be issued relates only to—
> > >
> > > > (i) an alteration to a hydraulic fire safety system, or
> > >
> > > > (ii) the installation of a fixed on-site pumpset and the construction of a new external pumphouse to accommodate the pumpset, and
> >
> > > (b) the carrying out of the work will not result in a permanent reduction of the fire protection provided by the existing hydraulic fire safety system that will be the subject of the work, and
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> > > (c) there is notice of past, current or proposed action by or on behalf of a water utility to—
> > >
> > > > (i) install mains pressure reduction capability, or
> > >
> > > > (ii) implement mains pressure reduction.
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> > (5) A copy of the fire safety schedule must be attached to the relevant development consent, construction certificate, relevant order or undertaking.
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> > (6) The attached fire safety schedule is taken to form part of the development consent, construction certificate, relevant order or undertaking.
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> > (7) An earlier fire safety schedule is superseded by a later fire safety schedule and ceases to have effect when the later fire safety schedule is issued.
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> > (8) In this section—
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> > approved form includes a form approved by the Commissioner for Fair Trading, Department of Customer Service.
> >
> > Note—
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> > This definition of approved form supplements the definition in the Dictionary.
>
> **s 78:** Am 2022 (788), Sch 1\[18\] \[19\]; 2025 (17), Sch 1\[9\]–\[11\].