How do the EP&A Act amendments affect your certification work now?

31 May 2018
The Environmental Planning and Assessment Act 1979 (EP&A Act) was amended on 1 March 2018. Along with new or changed provisions, the Act has been reorganised and renumbered.

Building certification and subdivision has been consolidated in one part of the Act (Part 6), the majority of which is not yet in force and will commence on 1 September 2018

Summary for certifiers

  • Your existing authorities and functions are unchanged. You can still do inspections and issue certificates and s109L notices.
  • Assess applications under the old Part 4A for all applications made before 1 September 2018. Part 4A is in force until 1 September.
  • Complying development provisions generally continue as before but are now under Division 4.5, Part 4.
  • Deferred provisions include former sections 81A(2)-(6), 86 and 121ZP, Part 4A and the regulations under Part 4A. The only division of Part 6 that is not deferred is division 6.7 (building information certificates, which replace building certificates).
  • Planning certificates are now under section 10.7.
  • Any reference in a document to an EP&A Act section that has been renumbered is taken to refer to the renumbered section.

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