NSW

A range of certificates that are granted by a Consent Authority or accredited certifier under Part 4A of the Environmental Planning and Assessment Act 1979 (NSW). A 'subdivision certificate' authorises the registration of subdivision plans, an 'occupation certificate' allows the occupation or change of use of a building upon completion of building works, a 'construction certificate' certifies that plans for construction have been carried out in accordance with the Development Consent and the Building Code of Australia, and a 'compliance certificate' certifies that work complies with particular plans, conditions and standards.

If an Environmental Planning Instrument provides that a Development Consent is not required for a particular type of development, and the development requires some authorisation by a public authority in order to be carried out, then the activity should be assessed in accordance with Part 5 of the Environmental Planning and Assessment Act 1979 (NSW). A Part 5 Environmental Assessment requires a determining authority to take into account the environment to the 'fullest extent possible'. This includes where the proponent of the works is a public authority. An example is a ports authority carrying out certain low impact works which do not require Development Consent. The relevant Minister or public authority for these types of proposals must still have regard to the environmental impact of the proposal. If any proposal is likely to have a significant effect on the environment, an Environmental Impact Statement must be prepared and the public must be given an opportunity to make submissions prior to the activity taking place.

As defined by the Building and Construction Industry Security of Payment Act 1999 (NSW), a provision of a construction contract that makes the liability to pay money owing, or the due date for payment of money owing, contingent or dependent on the payment by a third party. A pay when paid provision of a construction contract has no effect in relation to any payment for construction work carried out or undertaken to be carried out (or for related goods and services supplied or undertaken to be supplied) under the contract.

A written request served by a claimant (usually a sub-contractor) on a principal at the same time the claimant serves an Adjudication application on the respondent (usually a head-contractor). The request provides a written direction to the principal to withhold payment of any amount owing to the respondent that relates to the work performed by the claimant for the respondent, which is the subject of the Adjudication application. The amount must be withheld by the principal until after the Adjudication application is determined, or the amount the subject of the Adjudication application is paid. The procedure for making and administering payment withholding requests is set out in sections 26A-F of the Building and Construction Industry Security of Payment Act 1999 (NSW).

A person upon whom a primary duty of care is imposed for the purpose of the Work Health and Safety Act 2011 (NSW).

An environmental planning instrument which applies to the whole or part of a local government area. A LEP is prepared by the local council and approved by the Minister for Planning. The provisions of the LEP control development within the area by detailing those uses which are permissible in the different zones addressed by the LEP (Part 3 Division 4 of the Environmental Planning and Assessment Act 1979 (NSW)).

A division of the NSW Department of Finance and Services established to safeguard consumer rights and to advise business and traders on fair ethical practice. It is also the body that regulates builder licences and home building disputes.

An approval granted by a Consent Authority to carry out development contemplated in a Development Application lodged under Part 4 of the Environmental Planning and Assessment Act 1979 (NSW). The consent usually includes conditions that must be complied with (sections 4, 78A and 80A of the Environmental Planning and Assessment Act 1979 (NSW)).

A certificate to the effect that work, when completed in accordance with specified plans and specifications, will comply with the requirements of certain regulations made under the Environmental Planning and Assessment Act 1979 (NSW). These regulations include the development consent conditions (See Section 109C(1)(b) of the Environmental Planning and Assessment Act 1979 (NSW).