2004
2004
2023-10-01
act-1979-203
Environmental Planning and Assessment Act
1979
e03-421
S00/01192/S69
sep
epi.electronic
epi-2018-0068
allinforce
Gazette No 104 of 25 June 2004, page
4685
2023-10-01
epi
epi-2022-0521
epi-2004-0396
05bc6bac-b628-4beb-94b2-6df5d1784a08
3ee813d9-7cb8-4b7d-93bb-22a032221ede
gazette
Repeal—
This Policy was repealed by State Environmental Planning Policy (Sustainable Buildings)
2022 (521), sec 4.1 with effect from
1.10.2023.
1Name of Policy
This Policy is State Environmental Planning Policy (Building Sustainability
Index: BASIX) 2004.
2Commencement
This Policy commences on 1 July
2004.
3Aim of Policy
(1)
Regulations under the Act have established a
scheme to encourage sustainable residential development (the BASIX scheme) under
which:
(a)
an application for a development consent,
complying development certificate or construction certificate in relation to
certain kinds of residential development must be accompanied by a list of
commitments by the applicant as to the manner in which the development will be
carried out, and
(b)
the carrying out of residential development
pursuant to the resulting development consent, complying development
certificate or construction certificate will be subject to a condition
requiring such commitments to be fulfilled.
(2)
The aim of this Policy is to ensure consistency
in the implementation of the BASIX scheme throughout the
State.
(3)
This Policy achieves its aim by overriding
provisions of other environmental planning instruments and development control
plans that would otherwise add to, subtract from or modify any obligations
arising under the BASIX scheme.
4Definitions
(1)
In this Policy:
BASIX affected
building has the same meaning as it has in the Environmental Planning and Assessment Regulation
2000.
BASIX affected
development has the same meaning as it has in the Environmental Planning and Assessment Regulation
2000.
BASIX certificate has
the same meaning as it has in the Environmental Planning and Assessment Regulation
2000.
BASIX commitment means
a commitment set out in a BASIX certificate.
BASIX optional
development has the same meaning as it has in the Environmental Planning and Assessment Regulation
2000.
competing provision
means a provision:
(a)
that establishes development standards,
or
(b)
that requires a consent authority to have regard
to, or take into consideration, any matter when considering or determining an
application for a development consent, or
(c)
that requires a consent authority to be satisfied
as to any matter before it grants a development consent,
or
(d)
that requires a consent authority to impose a
condition on a development consent, or
(e)
that affects the granting of a development
consent, or the conditions on which a development consent is
granted,
other than a provision that encourages, or offers
incentives for, the adoption of measures beyond those required by provisions
of the kind referred to in paragraphs (a)–(e).
the
Act means the Environmental Planning
and Assessment Act 1979.
(2)
Notes in this Policy do not form part of this
Policy.
cl 4: Am 2006 (605),
Sch 1 [1].
5Land to which Policy applies
This Policy applies to the whole of the State,
including Lord Howe Island.
cl 5: Subst 2005
(617), Sch 1 [1].
6Buildings to which Policy applies
(1)
This Policy applies to buildings arising from the
following development:
(a)
proposed BASIX affected development for which the
regulations under the Act require a BASIX certificate to accompany a
development application or an application for a complying development
certificate or construction certificate,
(b)
proposed BASIX optional development in relation
to which a BASIX certificate accompanied a development application or an
application for a complying development certificate, despite the fact that the
regulations under the Act did not require a BASIX
certificate,
(c)
BASIX affected development and BASIX optional
development the subject of a development consent, complying development
certificate or construction certificate that, pursuant to the regulations
under the Act, is subject to a BASIX commitment.
(2)
This Policy also applies to buildings that become
BASIX affected buildings because of development of the kind referred to in
subclause (1).
cl 6: Subst 2006
(605), Sch 1 [2].
7Relationship with other environmental planning
instruments
This Policy prevails over any other environmental
planning instrument, whenever made, to the extent of any
inconsistency.
8Other environmental planning instruments do not apply to
BASIX commitments
(1)
The competing provisions of an environmental
planning instrument, whenever made, are of no effect to the extent to which
they aim:
(a)
to reduce consumption of mains-supplied potable
water, or reduce emissions of greenhouse gases, in the use of a building to
which this Policy applies or in the use of the land on which such a building
is situated, or
(b)
to improve the thermal performance of a building
to which this Policy applies.
(2)
If the development concerned involves:
(a)
the erection of a building for both residential
and non-residential purposes, or
(b)
the alteration, enlargement or extension of a
building that is intended to be used for both residential and non-residential
purposes, or
(c)
the change of use of a building to both
residential and non-residential purposes,
subclause (1) does not displace the competing provisions
to the extent to which they apply to the part of the building that is intended
to be used for non-residential purposes.
cl 8: Am 2005 (617),
Sch 1 [2]. Subst 2006 (605), Sch 1 [3]. Am 2013 (706), Sch
2.10.
9Development control plans do not apply to BASIX
commitments
(1)
The competing provisions of a development control
plan under Division 3.6 of the Act, whenever made, are of no effect to the
extent to which they aim:
(a)
to reduce consumption of mains-supplied potable
water, or reduce emissions of greenhouse gases, in the use of a building to
which this Policy applies or in the use of the land on which such a building
is situated, or
(b)
to improve the thermal performance of a building
to which this Policy applies.
(2)
If the development concerned involves:
(a)
the erection of a building for both residential
and non-residential purposes, or
(b)
the alteration, enlargement or extension of a
building that is used for both residential and non-residential purposes,
or
(c)
the change of use of a building to both
residential and non-residential purposes,
subclause (1) does not displace the competing provisions
to the extent to which they apply to the part of the building that is intended
to be used for non-residential purposes.
cl 9: Am 2005 (617),
Sch 1 [3]. Subst 2006 (605), Sch 1 [3]. Am 2018 (68), Sch 2
[1].
10Provisions providing for exceptions to development standards
do not allow departures from BASIX commitments
State Environmental
Planning Policy No 1—Development Standards does not
apply to a development standard that arises, under the regulations under the
Act, in connection with a BASIX commitment for a building to which this Policy
applies or for the land on which such a building is situated.
cl 10: Am 2005 (617),
Sch 1 [4]. Subst 2006 (605), Sch 1 [3]. Am 2006 No 120, Sch
2.87.
Historical notes
Table of amending instruments
State Environmental
Planning Policy (Building Sustainability Index: BASIX)
2004 published in Gazette No 104 of 25.6.2004, p 4685.
This Policy has been amended as follows:
2005
(617)
State Environmental Planning Policy
(Building Sustainability Index: BASIX) Amendment Policy
2005. GG No 120 of 30.9.2005, p 7952.
Date of commencement, 1.10.2005, cl
2.
2006
(605)
State Environmental Planning Policy
(Building Sustainability Index: BASIX) Amendment Policy
2006. GG No 120 of 29.9.2006, p 8510.
Date of commencement, 1.10.2006, cl
2.
No 120
Statute Law
(Miscellaneous Provisions) Act (No 2) 2006. Assented to
4.12.2006.
Date of commencement of Sch 2, assent, sec 2
(2).
2013
(706)
State Environmental Planning Policy
(Exempt and Complying Development Codes) Amendment (Commercial and Industrial
Development and Other Matters) 2013. LW 20.12.2013.
Date of commencement, 22.2.2014, cl
2.
2018
(68)
State Environmental Planning Policies
Amendment (State and Regionally Significant Development and Law Revision)
2018. LW 28.2.2018.
Date of commencement, 1.3.2018, cl
2.
Table of amendments
Cl 4
Am 2006 (605), Sch 1
[1].
Cl 5
Subst 2005 (617), Sch 1
[1].
Cl 6
Subst 2006 (605), Sch 1
[2].
Cl 8
Am 2005 (617), Sch 1
[2]. Subst 2006 (605), Sch 1 [3]. Am 2013 (706), Sch
2.10.
Cl 9
Am 2005 (617), Sch 1
[3]. Subst 2006 (605), Sch 1 [3]. Am 2018 (68), Sch 2
[1].
Cl 10
Am 2005 (617), Sch 1
[4]. Subst 2006 (605), Sch 1 [3]. Am 2006 No 120, Sch
2.87.