Environmental Planning and Assessment Regulation 2021
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Environmental Planning and Assessment Regulation 2021
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35C Net zero statement for non-residential development under Sustainable Buildings SEPP
(1) This section applies to a development application for the following development—
(a) large commercial development,
(b) development to which State Environmental Planning Policy (Sustainable Buildings) 2022, section 3.4 applies.
(2) The development application must include evidence that the development—
(a) will not use on-site fossil fuels after the occupation and use of the development commence, or
(b) incorporates the infrastructure, or space for the infrastructure, necessary for the development to not use on-site fossil fuels after 1 January 2035.
Note—
Infrastructure includes plant, equipment and ventilation.
(3) The development application must include details of the following—
(a) any renewable energy generation and storage infrastructure forming part of the development,
(b) passive and technical design features that minimise energy consumption by users of the development.
(4) The development application must include the following information if available—
(a) the estimated annual energy consumption for the building in kilowatt hours per square metre of floor area,
(b) the estimated amount of emissions relating to energy use in the building, including direct and indirect emissions.
(5) The evidence and information required to be included in a development application under this section must be certified by a mechanical or electrical engineer.
s 35C: Ins 2022 (520), Sch 2[3] (am 2023 (531), Sch 1[9] [10]).