Below is a list of obligations that apply to Private Certifiers in terms of Development Contributions:
- Council has adopted a Contributions Plan which requires an accredited certifier to impose a condition on every Complying Development Certificate (CDC) requiring the payment of section 94 or 94A contributions to Council. (Section 94EC (1) (b) of the EP&A Act).
- Council must be notified by the certifier of every certificate issued. (Section 85A(11) of the EP&A Act).
- A person must not commence the occupation or use of a new building, or part of a new building, unless an Occupation Certificate (OC) has been issued (Section 109M (1) of the EP&A Act.
- Importantly, a certifier must not issue an OC unless he or she has verified that each pre-condition in the development consent or CDC has been met (Section 109(H)(2) of the EP&A Act).
- Council development consents make it a pre-condition to any grant of an OC that the applicable development contribution has been paid to Council.
- As well as having the obligation of notifying Council of the grant of an OC, the certifier must also provide all materials that accompanied the application. This will mean that the receipts for payment of the contribution to Council must be verified by the certifier, and then included with the material then sent to Council (Clause 151(2) of the EP & A Regulation 2000).
WOLLONGONG CITY COUNCIL
Wollongong City Council, 41 Burelli Street,
Wollongong NSW 2500 ▪ Postal:
Locked Bag 8821
Wollongong DC NSW 2500
(02) 4227 7111 ▪ Fax:
(02) 4227 7277 ▪ Email:
63 139 525 939 – GST Registered