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What is a Construction Certificate for public infrastructure?

Where a Development Consent has been issued for a subdivision or development that requires the construction of public infrastructure such as roads, stormwater drainage, sewer or water supply, a Construction Certificate must be obtained prior to the commencement of works.

A Construction Certificate is an approval that:

  • Certifies that work completed in accordance with the approved plans and specifications will comply with Tweed Shire Development Control Plan: Section A5 - Subdivision Manual, the Tweed Shire Council Development Design and Construction Specifications and relevant Australian Standards.
  • Certifies that the approved plans and specifications are consistent with the development consent and that all relevant conditions have been complied with.

An application for a Construction Certificate Subdivision - Construction Certificate (Subdivisions Works) (142kB PDF) for public infrastructure may be lodged at the same time as the Development Application or at any time after the lodgement of the application. It is however recommended that the Construction Certificate be lodged only after the Development has been approved as it is often the case that allotment layout plans, road locations or public open space area's require amending during the determination phase of the Development Application. Design costs for the preparation of the engineering plans can be minimised if the Construction Certificate is lodged after the development consent is approved.

A Construction Certificate for public infrastructure maybe issued by Council or an accredited certifier who has accreditation from the Buildings Professional Board. Planning legislation has placed several restrictions on private certifiers who wish to approve construction certificates with water supply and sewerage reticulation, so it is recommended that the applicant discuss these matters with Council prior to making a decision on who will assess their Construction Certificate.

What are the stages of a Construction Certificate for public infrastructure?

Stage 1 - Lodgement

A construction certificate which creates public infrastructure must be lodged on the form - Application for Construction Certificate (Subdivision Work) Subdivision - Construction Certificate (Subdivisions Works) (142kB PDF)

1. The following information must accompany your application for a construction certificate:
  • Subdivision construction certificate fee as per current fees and charges.
  • Copies of compliance certificates relied upon
  • Four (4) copies of detailed engineering plans and specifications. The detailed plans may include but are not limited to the following:
  1. earthworks
  2. roadworks
  3. road pavements
  4. road furnishings
  5. stormwater drainage
  6. water supply works
  7. sewerage works
  8. landscaping works
  9. erosion control works
  10. location of all service conduits(water, sewer, electricity and telecommunications)

Where the proposed subdivision work involves a modification to previously approved plans, the plans must be coloured or otherwise marked to the satisfaction of certifying authority to adequately distinguish the modification. The Environmental Planning and Assessment Act, 1979 (as amended) makes no provision for works under the Water Supplies Authorities Act, 1987 to be certified by an Accredited Certifier.


2. Long Service Levy Payments: Under s109F(1) of the Environmental Planning and Assessment Act 1979 a Construction Certificate cannot be issued until any long service levy payable under section 34 of the Building and Construction Industry Service Payments Act 1986 has been paid or where such a levy is payable by instalments, the first instalment of the levy has been paid. Council is authorised to accept payment. For more information on the Long Service Levy see the drop down box on 2. Prior to Issue of Construction Certificate.

Stage 2 - Assessment

A summary of the main steps for the assessment of a construction certificate (subdivision works) to be determined by the Tweed Shire Council is as follows.

1. Once lodged, your application it will be assigned to a Tweed Shire Council Development Engineer.

2. The Development Engineer will check your application for compliance with the following:

  • Complies with the Design and Constructions Specifications
  • Complies with Tweed Shire Development Control Plan: Section A5 - Subdivision Manual
  • Complies with the conditions of the development consent
  • Is consistent with the approved development plans
  • Complies with all relevant Australian Standards
3. If the Development Engineer identifies non compliant matters the applicant will be notified in writing and requested to submit revised plans or justify the non compliance.

4. When all non compliant issues have been resolved the assessing Development Engineer will issue a Construction Certificate and engineering drawings for construction.

Stage 3 - Construction

  1. Before construction commences you must notify Council of your proposed commencement date, who will be carrying out the work and who the Subdivision Works Accreditied Certifier (SWAC) will be.
  2. It is also recommended that a pre start on site meeting be arranged between the Development Engineer, SWAC and contractor to discuss construction issues.
  3. During the construction process numerous scheduled and non scheduled inspections will be required for the roads, sewer, water supply, structures and stormwater water drainage. The SWAC or a SWAC representative and a Development Engineer will be required to attend the scheduled inspections. Fees are applicable for these inspections in accordance with Council's current fees and charges. A list of the scheduled inspections can be found in the Subdivision Manual - A5, section A5.D.2.
  4. When the Subdivision works are complete, a final 'on defects' inspection will be undertaken between Council, the SWAC and the contractor to determine if the works are compliant with the Construction Certificate.
Last Updated: 08 October 2013