Environmental Planning and Assessment Act 1979

An occupation certificate must not be issued unless any preconditions to the issue of the certificate that are specified in a development consent have been complied with.

An occupation certificate must not be issued to authorise a person to commence occupation or use of a new building (or part of a new building) unless—

a development consent is in force with respect to the building (or part of the building), and

in the case of a building erected pursuant to a development consent (other than a complying development certificate), a construction certificate has been issued with respect to the plans and specifications for the building (or part of the building), and

the completed building (or part of the building) is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and

such other requirements as are required by the regulations to be complied with before such a certificate may be issued have been complied with.

An occupation certificate must not be issued to authorise a person to commence a new use of a building (or of part of a building) resulting from a change of building use for an existing building unless—

a development consent is in force with respect to the change of building use, and

the building (or part of the building) is suitable for occupation or use in accordance with its classification under the Building Code of Australia, and

such other requirements as are required by the regulations to be complied with before such a certificate may be issued have been complied with.