NSWIn ForceRegulation
Environmental Planning and Assessment Regulation 2021
35CNet zero statement for non-residential development under Sustainable Buildings SEPP
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#### 35C Net zero statement for non-residential development under Sustainable Buildings SEPP
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](/view/html/inforce/current/epi-2022-0521), 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—
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> > > (a) any renewable energy generation and storage infrastructure forming part of the development,
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> > > (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—
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> > > (a) the estimated annual energy consumption for the building in kilowatt hours per square metre of floor area,
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> > > (b) the estimated amount of emissions relating to energy use in the building, including direct and indirect emissions.
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> > (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\[9\] \[10\]).