NSW Government keeps dangerous cladding list a secret
The NSW Government has confirmed that a list of 444 buildings assessed as having dangerous flammable cladding will not be shown to the public and is deemed privileged. The Government is concerned that that these buildings may be prone to arson or terrorism attacks.
The ‘high risk’ list has been prepared by Fire and Rescue NSW, a member of the inter-agency Fire Safety and External Wall Cladding Taskforce (Taskforce), and is reportedly subject to a second assessment. The organisation undertaking that second assessment is unknown.
It is anticipated that after the second assessment, the list will be revealed to the public by virtue of section 19(5) of the Building Products (Safety) Act 2017 (NSW) (BPSA) or section 186U(3) of the Environmental Planning and Assessment Regulation 2000 (EP&AR). These sections provide for the NSW Government to:
It does not appear that any notice under the BPSA or register under the EP&AR has to date been published.
The NSW Government has otherwise provided little insight as to how they propose to deal with this list. It is indicated in the NSW Government’s “10-point plan” at point 4 that Fire and Rescue NSW is to visit all buildings on the list, as part of a fire safety education program, to gather information to prepare for a potential fire at that building and provide additional information to building owners.
Although the Government may be criticised in withholding the information for endangering the occupants of the buildings in the ‘high risk’ list, the justification given is to avoid arson, terror attacks and further destabilisation of the construction industry. It is a decision which follows the position taken in Victoria in relation to data collected in that state.
Building owners should already be aware of their position where buildings fall under the reporting regime under the EP&AR (or even sooner, through dealing with their insurance renewals). Although information is not publically available, lot owners in particular will have a right to obtain relevant information from owners corporations. Purchasers may make enquiries during the requisitions process.
Author: Divya Chaddha
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Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
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Stepanoski v Aslan (No 3)  NSWSC 1445
CONTRACTS – extent to which defendant has been overpaid for work that had been completed before the Lump Sum Contract was terminated – whether the Lump Sum Contract was wrongly terminated by the plaintiffs or whether it was repudiated by the defendant
DAMAGES – quantification of damages to which the plaintiffs or defendant would be entitled – differences in opinion evidence of expert witnesses – resolving differences without detailed cross-examination
construction certificate for the Works under the Lump Sum Contract - by cl 9 of the Lump Sum Contract, Mr Aslan warranted that the work would be performed in a proper and workmanlike manner, and in accordance with the plans and specifications set out, and that all materials supplied by him would be good and suitable for the purpose for which they were used
Simon Peto v Ausgrid Management Pty Ltd t/a Ausgrid
Alleged dispute about a matter arising under an enterprise agreement – electricity supply industry
(Consumer Safety) Act 2004 (NSW) and the Home Building Act 1989 (NSW). Performing work beyond Mr Peto’s scope
Environmental Planning Instruments
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing Code) (No 2) 2019 (2019-519) — published LW 25 October 2019
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.