Notification of inspections under s 81A(4)(b1)(ii) of the EPA Act does not automatically constitute a 'requirement' by the principal certifying authority under s 109E(3)(d). Whether inspections are 'required' within s 109E(3)(d) is a question of fact determined by the manifested intention of the PCA's conduct, not subjective intention. Even if s 109E(3)(d) is breached, the legislative scheme (particularly the distinction between s 109J and s 109E(3)) favours the view that such breach does not invalidate subdivision certificates.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.