Development Regulations 2008

Part B—Listed wastes

Acids and acidic solutions

Adhesives (excluding solid inert polymeric materials)

Alkali metals and alkaline earth metals

Alkalis and alkaline solutions

Antimony and antimony compounds and solutions

Arsenic and arsenic compounds and solutions

Asbestos

Barium compounds and solutions

Beryllium and beryllium compounds

Boron and boron compounds

Cadmium and cadmium compounds and solutions

Calcium carbide

Carbon disulphide

Carcinogens teratogens and mutagens

Chlorates

Chromium compounds and solutions

Copper compounds and solutions

Cyanides or cyanide solutions and cyanide complexes

Cytotoxic wastes

Dangerous substances within the meaning of the Dangerous Substances Act 1979

Distillation residues

Fluoride compounds

Halogens

Heterocyclic organic compounds containing oxygen, nitrogen or sulphur

Hydrocarbons and their oxygen, nitrogen and sulphur compounds (including oils)

Isocyanate compounds (excluding solid inert polymeric materials)

Laboratory chemicals

Lead compounds and solutions

Lime sludges or slurries

Manganese compounds

Medical waste consisting of—

(a) a needle, syringe with needle, surgical instrument or other article that is discarded in the course of medical^*, dental or veterinary practice or research and has a sharp edge or point capable of inflicting a penetrating injury on a person who comes into contact with it; or

(b) human tissue, bone, organ, body part or foetus; or

(c) a vessel, bag or tube containing a liquid body substance; or

(d) an animal carcass discarded in the course of veterinary or medical^* practice or research; or

(e) a specimen or culture discarded in the course of medical^*, dental or veterinary practice or research and any material that has come into contact with such a specimen or culture; or

(f) any other article or matter that is discarded in the course of medical^*, dental or veterinary practice or research and that poses a significant risk to the health of a person who comes into contact with it.

* medical practice includes the practice of pathology and the operation of an immunisation clinic.

Mercaptans

Mercury compounds and equipment containing mercury

Nickel compounds and solutions

Nitrates

Organic halogen compounds (excluding solid inert polymeric materials)

Organic phosphates

Organic solvents

Organometallic residues

Oxidising agents

Paint sludges and residues

Perchlorates

Peroxides

Pesticides (including herbicides and fungicides)

Pharmaceutical wastes and residues

Phenolic compounds (excluding solid inert polymeric materials)

Phosphorus and its compounds

Polychlorinated biphenyls

Poisons within the meaning of the Drugs Act 1908

Reactive chemicals

Reducing agents

Selenium and selenium compounds and solutions

Silver compounds and solutions

Solvent recovery residues

Sulphides and sulphide solutions

Surfactants

Thallium and thallium compounds and solutions

Vanadium compounds

Zinc compounds and solutions

Schedule 22A—Certificate of consistency

Certificate of consistency

I verify that I have examined carefully a copy of the development plan consent (including any conditions and notes) described below, together with a copy of the plans approved and endorsed pursuant to regulation 42(4) of the Development Regulations 2008 for that consent.

The plans and supporting documentation submitted for building rules consent have been assessed for compliance with the Building Rules, while the development plan consent plans have been reviewed to ensure that all buildings and structures included in the building rules assessment are consistent with the development plan consent.

I hereby certify in accordance with regulation 92(2)(e) of the Development Regulations 2008 that the building rules consent issued on                    (date) for                                                                        (description of project as described in the development plan consent) at                                                             (location of proposed development) is consistent with the following development authorisation (including any conditions and notes) giving development plan consent                               (application number) issued on                     (date) by                                                             (relevant authority) subject only to the variations specified below in the Table of Variations to meet Regulatory Requirements, attached for the purposes of section 93(2) of the Development Act 1993, which are necessary for compliance with the Building Rules or any other legislation specified therein.

Registered private certifier:

Registration number:

Date:
Table of variations to meet regulatory requirements—pursuant to section 93(2) of the Development Act 1993

Item	Legislation/Regulation/Code	Reason for variation

Registered private certifier:

Registration number:

Date:

Schedule 23—Private certifiers—professional indemnity insurance

The following requirements are prescribed as minimum requirements for professional indemnity insurance for private certifiers for the purposes of regulation 93:

(a) a minimum limit of indemnity of—

(i) $1 000 000 for any 1 claim; and

(ii) $2 000 000 in aggregate during any 1 period of insurance;

(b) in addition to the limit of indemnity, indemnity for costs and expenses incurred with the consent of the insurer in defending or settling a claim;

(c) subject to paragraph (d), indemnity for breach of professional duty arising from an act, error or omission committed by the insured after the retroactive date (as specified by the policy);

(d) a retroactive date no later than the date on which the private certifier first commenced work as a private certifier;

(e) indemnity in respect of claims under the Trade Practices Act 1974 (Commonwealth) or the Fair Trading Act 1987 for acts or omissions, other than dishonest, fraudulent, malicious or illegal acts or omissions and excluding any portion of a claim made pursuant to the penal or criminal provisions of either Act;

(f) a right to at least 1 automatic reinstatement of the limit of indemnity;

(g) indemnity for claims for damages arising from inadvertent defamation;

(h) indemnity for any liability to third parties arising from the loss or destruction of documents;

(i) indemnity for claims for negligence on account of the dishonesty of employees;

(j) cover for partners, principals or directors who join the business, firm or company for professional liability arising from previous work as a private certifier and for claims against partners, principals or directors who retire or resign from the business, firm or company.

Schedule 24—Commercial competitive interest

Notice of disclosure

To: The Registrar¹

and to²:

Pursuant to section 88B of the Development Act 1993 I disclose [that I have a commercial competitive interest in the proceedings described below] or [that I am receiving, in connection with the proceedings described below, direct or indirect financial assistance from a person who has a commercial competitive interest in the proceedings]³.

The relevant proceedings for the purposes of this notice are as follows⁴:

The name and contact details of a person providing direct or indirect financial assistance is as follows⁵:

Name and contact details⁶:

Dated this                    day of

....................................................................................

Signature of person making disclosure, or of a

legal practitioner acting on behalf of that person

Notes—

1 Insert name of relevant court.

2 Insert names of other parties to the proceedings.

3 Strike out material that is inapplicable.

4 Insert details of proceedings.

5 In a case where the person giving the notice is receiving direct or indirect financial assistance from a person who has a commercial competitive interest in the proceedings, it is necessary to insert the full name and address of the person who is providing that financial assistance. (This item need not be completed in any other case.)

6 Insert full name and address of person making disclosure. (The address may be the address of a legal practitioner acting on behalf of the person.)

This form must be given to the person required to make the relevant disclosure—

(a) to the Registrar of the relevant court—

(i) in the case of a person who has commenced the proceedings—at the time of lodging the application or other documentation that commences the proceedings;

(ii) in the case of a person who becomes a party to the proceedings—within 10 business days after becoming a party to the proceedings;

(iii) in the case of a person who provides financial assistance to another person who commences or becomes a party to any relevant proceedings—within 10 business days after the commencement of the proceedings or the date on which the other person becomes a party to the proceedings (as the case may be); and

(b) to each of the other parties to the proceedings—

(i) in the case of a person who has commenced the proceedings—within 10 business days after commencing the proceedings;

(ii) in the case of a person who becomes a party to the proceedings—within 10 business days after becoming a party to the proceedings;

(iii) in the case of a person who provides financial assistance to another person who commences or becomes a party to any relevant proceedings—within 10 business days after the commencement of the proceedings or the date on which the other person becomes a party to the proceedings (as the case may be).

If the business of a person, or the business of an associate of a person (other than the proponent of the development), might be adversely affected by a particular development on account of competition in the same market, then the person will be taken to have a commercial competitive interest in any relevant proceedings that are related to that development. The circumstances in which proceedings are related to a development include a situation where proceedings constitute a challenge to a Development Plan, or to the amendment of a Development Plan, that affects a development.

Relevant proceedings are any proceedings before a court arising under or in connection with the operation of the Development Act 1993 including proceedings for judicial review, but not including criminal proceedings.

Schedule 26—Register of interest—Primary return

Please read instructions and notes below before completing this return.

SURNAME	OTHER NAMES
OFFICE HELD

	Registrable interests		Details
1	Provide a statement of any income source^2 that you have or a person related to you^3 has or expects to have in the period of 12 months after the date of the primary return.
2	State the name of any company or other body, corporate or unincorporate, in which you hold, or a member of your family^4 holds, any office whether as director or otherwise, for the purpose of obtaining financial gain (including at some time in the future).
3	State the name or description of any company, partnership, association or other body in which you or a person related to you^3 is an investor^5.
4	Provide a concise description of any trust (other than a testamentary trust) of which you or a person related to you^3 is a beneficiary or trustee, and the name and address of each trustee.
5	Provide the address or description of any land in which you have or a person related to you^3 has any beneficial interest^6 other than by way of security for any debt.
6	Provide details of any fund in which you or a person related to you^3 has an actual or prospective interest to which contributions are made by a person other than you or a person related to you^3.
7	If you are or a person related to you^3 is indebted to another person (not being related by blood or marriage) in an amount of or exceeding $7 500—state the name and address of that other person.
8	If you are or a person related to you^3 is owed money by a natural person (not being related by blood or marriage) in an amount of or exceeding $10 000—state the name and address of that person.
9	Declare any other substantial interest of yours or of a person related to you whether of a pecuniary nature or not, of which you are aware and which you consider might appear to raise a material conflict between your private interest and the duty that you have or may subsequently have as a member of an assessment panel.
10	Provide any other additional information which you think fit.
Signature
Date

Instructions/notes
1	This return is to be completed in block letters except for signatures. If there is not sufficient space on this return for all of the information you are required to provide, you may attach additional papers for that purpose. Each such paper must be signed and dated.
2	Under the regulations— income source, in relation to a person, means— (a) any person or body of persons with whom the person entered into a contract of service or held any paid office; and (b) any trade, vocation, business or profession engaged in by the person.
3.1	A person related to a member means— (a) a member of the member's family; (b) a family company of the member; (c) a trustee of a family trust of the member.
3.2	A family company of a member means a proprietary company— (a) in which the member or a member of the member's family is a shareholder; and (b) in respect of which the member or a member of the member's family, or any such persons together, are in a position to cast, or control the casting or, more than one half of the maximum number of votes that might be cast at a general meeting of the company.
3.3	A family trust of a member means a trust (other than a testamentary trust)— (a) of which the member or a member of the member's family is a beneficiary; and (b) which is established or administered wholly or substantially in the interests of the member or a member of the member's family, or any such persons together.
4	Under the Act— family, in relation to a member, means— (a) a spouse or domestic partner of the member; and (b) a child of the member who is under the age of 18 years and normally resides with the member.
5	For the purpose of this return, a person is an investor in a body if— (a) the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or (b) the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of life insurance issued by the body.
6	A beneficial interest in property includes a right to re acquire the property.
Note— 1 A member is required only to disclose information that is known to the member or ascertainable by the member by the exercise of reasonable diligence. 2 A member is not required to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the member. 3 A member may include in a return such additional information as the member thinks fit. 4 Nothing in this return will be taken to prevent a member from disclosing information in such a way that no distinction is made between information relating to the member personally and information relating to a person related to the member. 5 A member is not required to disclose the actual amount or extent of a financial benefit or interest.

Schedule 27—Register of interest—Ordinary return

Please read instructions and notes below before completing this return.

SURNAME	OTHER NAMES
OFFICE HELD

	Registrable interests		Details
1	Provide a statement of any income source of a financial benefit^2 that you have or a person related to you^3 has received, or was entitled to receive, during the return period.
2	State the name of any company or other body, corporate or unincorporate, in which you held, or a member of your family^4 held, any office during the return period whether as director or otherwise, for the purpose of obtaining financial gain (including at some time in the future).
3	State the name or description of any company, partnership, association or other body in which you or a person related to you^3 is an investor^5.
4	Provide a concise description of any trust (other than a testamentary trust) of which you or a person related to you^3 is a beneficiary or trustee, and the name and address of each trustee.
5	Provide the address or description of any land in which you have or a person related to you^3 has any beneficial interest^6 other than by way of security for any debt.
6	Provide details of any fund in which you or a person related to you^3 has an actual or prospective interest to which contributions are made by a person other than you or a person related to you^3.
7	If you are or a person related to you^3 is indebted to another person (not being related by blood or marriage) in an amount of or exceeding $7 500—state the name and address of that other person.
8	If you are or a person related to you^3 is owed money by a natural person (not being related by blood or marriage) in an amount of or exceeding $10 000—state the name and address of that person.
9	Declare any other substantial interest of yours or of a person related to you whether of a pecuniary nature or not, of which you are aware and which you consider might appear to raise a material conflict between your private interest and the duty that you have or may subsequently have as a member of an assessment panel.
10	Provide any other additional information which you think fit.
Signature
Date

Instructions/notes
1.1	This return is to be completed in block letters except for signatures. If there is not sufficient space on this return for all of the information you are required to provide, you may attach additional papers for that purpose. Each such paper must be signed and dated.
1.2	The return period for the purposes of this return is as follows: (a) if your last return was a primary return under the Act—the period between the date of the primary return and 30 June next following; (b) in any other case—the period of 12 months expiring on 30 June, or within 60 days after 30 June in any year.
2.1	Under the regulations— income source, in relation to a person, means— (a) any person or body of persons with whom the person entered into a contract of service or held any paid office; and (b) any trade, vocation, business or profession engaged in by the person.
2.2	Under the regulations— financial benefit, in relation to a person, means— (a) any remuneration, fee or other pecuniary sum exceeding $1 000 received by the person in respect of a contract of service entered into, or paid office held by, the person; and (b) the total of all remuneration, fees or other pecuniary sums received by the person in respect of a trade, profession, business or vocation engaged in by the person where the total exceeds $1 000, but does not include an annual allowance, fees, expenses or other financial benefit payable to the person under the Act.
3.1	A person related to a member means— (a) a member of the member's family; (b) a family company of the member; (c) a trustee of a family trust of the member.
3.2	A family company of a member means a proprietary company— (a) in which the member or a member of the member's family is a shareholder; and (b) in respect of which the member or a member of the member's family, or any such persons together, are in a position to cast, or control the casting or, more than one half of the maximum number of votes that might be cast at a general meeting of the company.
3.3	A family trust of a member means a trust (other than a testamentary trust)— (a) of which the member or a member of the member's family is a beneficiary; and (b) which is established or administered wholly or substantially in the interests of the member or a member of the member's family, or any such persons together.
4	Under the Act— family, in relation to a member, means— (a) a spouse or domestic partner of the member; and (b) a child of the member who is under the age of 18 years and normally resides with the member.
5	For the purpose of this return, a person is an investor in a body if— (a) the person has deposited money with, or lent money to, the body that has not been repaid and the amount not repaid equals or exceeds $10 000; or (b) the person holds, or has a beneficial interest in, shares in, or debentures of, the body or a policy of life insurance issued by the body.
6	A beneficial interest in property includes a right to re acquire the property.
Note— 1 A member is required only to disclose information that is known to the member or ascertainable by the member by the exercise of reasonable diligence. 2 A member is not required to disclose information relating to a person as trustee of a trust unless the information relates to the person in the person's capacity as trustee of a trust by reason of which the person is related to the member. 3 A member may include in a return such additional information as the member thinks fit. 4 Nothing in this return will be taken to prevent a member from disclosing information in such a way that no distinction is made between information relating to the member personally and information relating to a person related to the member. 5 A member is not required to disclose the actual amount or extent of a financial benefit or interest.