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Terms and Conditions

1.0 General Conditions 

About the NSW Cladding Regulation Online Registration System

The NSW Cladding Regulation Online Registration System is an initiative of the NSW Government and has been designed with the intention of assisting owners of certain buildings with external combustible cladding to register details of the building and its cladding with the NSW Government in compliance with the Environmental Planning and Assessment Regulation 2000 as amended by the Environmental Planning and Assessment Amendment (Identification of Buildings with External Combustible Cladding) Regulation 2018.

Owners of buildings are advised to seek professional advice and refer to the relevant legislation as necessary before taking action in relation to any matters covered by the NSW Cladding Regulation Online Registration System.

Access and use of the NSW Cladding Regulation Online Registration System

The NSW Government grants you a non-exclusive, non-transferable licence to access and use the NSW Cladding Regulation Online Registration System in accordance with these terms and conditions of use.

Agreement to these terms and conditions of use

These terms and conditions of use (as amended from time-to-time) govern the use of the NSW Cladding Regulation Online Registration System. By clicking the ‘I Agree’ button you understand and agree to these terms and conditions of use.

New or revised Terms and Conditions

The Department may change these terms and conditions of use at any time and may do so without giving you any prior notice. By continuing to use the NSW Cladding Regulation Online Registration System after the effective date of any changes to the terms and conditions of use, you understand and agree to such changes.

Internet charges

You are responsible for any internet connection fees that you incur.

Service availability

It is impossible for the Department to ensure that the services are provided to you at all times or at any specific times or will be able to operate at all times error-free. The NSW Government makes no warranties in regard to the availability of services, but all reasonable efforts will be made to provide the best possible service to you. Notices regarding planned system outages will be made available on the NSW Cladding Regulation Online Registration System home page.

Governing law

Your access to and use of the NSW Cladding Regulation Online Registration System is governed by the law of New South Wales and the Commonwealth and you agree to submit to the non-exclusive jurisdiction of the courts in that State and the Commonwealth.

2.0 Disclaimer

The information provided on the NSW Cladding Regulation Online Registration System is provided on the basis that all persons accessing the site accept responsibility for assessing the relevance, completeness and accuracy of its content. The Department cannot warrant and does not represent that the material, which appears on this website, is complete, current, reliable and/or free from error. The Department also cannot accept any responsibility or liability for any loss, damage, cost or expense you might incur as a result of the use of or reliance upon the materials which appear on the NSW Cladding Regulation Online Registration System website.

Personal information

The information (including personal information) provided on the NSW Cladding Regulation Online Registration System is collected by the Department of Planning and Environment:

Department of Planning and Environment 

GPO Box 39 Sydney New South Wales 2001

Personal information is defined under section 4 of the Privacy and Personal Information Act 1998 (PPIP Act).

The purpose of collecting information on the NSW Cladding Regulation Online Registration System is to inform actions to address fire safety concerns around the use of certain external combustible cladding materials.

The information collected will be provided to Fire and Rescue NSW, the Department of Finance, Services and Innovation and local government authorities who may take action to address fire safety concerns around the use of certain external combustible cladding materials.

The information collected may be used and disclosed by the Department, Fire and Rescue NSW, the Department of Finance, Services and Innovation and local government authorities. Any use and disclosure of any personal information is subject to the requirements of the PPIP Act.  

The information requested in the NSW Cladding Regulation Online Registration System is required under the Environmental Planning and Assessment Regulation 2000 as amended by the Environmental Planning and Assessment Amendment (Identification of Buildings with External Combustible Cladding) Regulation 2018. Penalties apply for failure to provide the information requested.

3.0 Privacy Statement 

This website is provided and maintained by the NSW Department of Planning & Environment (the Department). This privacy statement sets out the Department's practices relating to the privacy of your personal information. The Department's privacy practices are regulated by the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP ACT) and the Department's Privacy Management Plan

The Department will only collect personal information for a lawful purpose which directly relates to our primary function as a NSW Government agency and for obtaining feedback about our services. The Department will not collect any more information than is necessary for it to fulfil these functions.

The Department will not disclose your personal information to anyone without your consent, unless legally required to do so.

Anyone engaged to collect, store or use personal information for the Department will be required to comply with the PPIP Act and the Department’s Privacy Management Plan.

Please note that the Department does not have any responsibility for the privacy policies or practices of third party sites linked to this website.

What is personal information?

Your personal information relates to you personally and includes any information or opinion made about you. Personal information includes your name, address, phone number, email address or any information from which your identity can be reasonably ascertained.

Personal information is information that identifies you, some examples include: 

  • a written record which may include your name, address, and other details about you
  • electronic records, photographs, images, video or audio footage
  • biometric information such as fingerprints, blood and records of genetic material.

What is not personal information?

The PPIP Act excludes certain information from the definition of personal information.  The most significant exemptions are:

  • information contained in publicly available publications
  • information about a person’s suitability for public sector employment
  • information about people who have been dead for more than 30 years
  • a number of exemptions relating to law enforcement investigations 
  • matters contained in Cabinet documents. 

Submissions

When you make a submission to the Department we collect your personal information, including:

  • name (including title)
  • address
  • email (if provided)
  • internet protocol (IP) address (if the submission is made online)
  • any other personal information contained in a political donations disclosure statement (if provided); and
  • any other personal information contained on your submission.

Making a submission is entirely voluntary and you are under no obligation to provide the Department with any of your personal information, except as otherwise required by law.

How will your personal information be used when you make a submission?

We may publish some of your personal information online, including:

  • Your submission.
  • Your name (unless you state that you want your name withheld);
  • Your suburb;
  • Any political donations disclosure statement.

We may publish any personal information you have included in your submission on a proposal. Do not include any personal information in your submission that you do not want published.

We will use your contact details to send you notifications. For example, where there is a statutory requirement to notify submitters that an application has been determined.

Your submission may be published in reports, or other documents that are produced following the exhibition period.

We may forward your submission and personal information to the Planning Assessment Commission if the proposal has been referred to them. The Commission will use your contact details to notify you of any public meetings scheduled for the proposal. The Commission may publish your submission on their website, or in a report in accordance with the Commission’s Privacy Statement.

We may forward your submission to third parties including other public authorities, Government agencies, local government, or to an applicant. There are statutory requirements to forward submissions on some applications to these third parties as part of the assessment process.

Online registration for NSW Housing Code and NSW Commercial and Industrial Code training

Any personal information collected through the online registration process will be used by the Department solely for the purpose of providing you with information about the NSW Housing Code and NSW Commercial and Industrial Code and will not be provided to third parties unless required by law.

There is no legal requirement for you to provide the department with your personal information; but failing to provide your contact details may mean that you will not be able to register for training or receive further information about the Codes.

Email management

If you email the Department, we will only retain and use your e-mail address for the purpose for which you have provided it. It will not be added to a mailing list without your consent.

If you subscribe to an electronic mailing list, we will only send you information relevant to the purpose or project for which you have provided it. If you have recently completed a submission we reserve the right to provide you with updates about the project, plan and policy et al for which the submission is for.

We operate in accordance with the Spam ACT 2003 (the ACT) and will not send unsolicited electronic messages unless they are permitted by the ACT. Under the ACT, a government department may send unsolicited emails if they contain only factual information or if they relate to goods or services provided by the department. More information about the ACT is available here

If you wish to stop receiving our email newsletter, you can unsubscribe here. If you have any other queries or concerns, please contact us here.

Website Data

To help the Department improve its website and provide better services to its users, the agency makes a record of your visit and logs the following information:

  • the user's service address;
  • the user’s top-level domain name (for example .com, .gov, .au, .uk etc.);
  • the address of your server;
  • the date and time of your visit to the site.

Cookies are not used from the Department’s website to collect information.

Exceptions

There are a number of exemptions from compliance with the Information Privacy Principles in the PPIP Act.  Some of the exemptions include the following:

  • law enforcement and related matters
  • investigative agencies
  • where lawfully authorised or required
  • when it would benefit the individual concerned
  • Minister being informed of certain matters.

Right of access to amend your personal information

Under the PPIP Act you have the right to access your personal information held by the Department without excessive delay or expense. You also have the right to have your personal information corrected in certain circumstances (e.g. if it is incorrect), Should you wish to access or correct your personal information contact the Department’s designated privacy officer at:

Public Access to Information & Privacy Unit
GPO Box 39 Sydney NSW 2001
Phone: 02 9860 1440
Email: [email protected]

Complaints

If you feel there has been a breach of your privacy under the PPIP Act, you have the right to make a complaint to the Department or to the NSW Privacy Commissioner, www.ipc.nsw.gov.au.

Contact Planning & Environment

If you have any questions about the application of the agency's privacy policy please contact:

Manager, Information & Privacy
Public Access to Information & Privacy Unit
Department of Planning & Environment
GPO Box 39 Sydney New South Wales 2001
email: [email protected]

4.0 Copyright 

© State of New South Wales and Department of Planning and Environment (unless otherwise indicated)

This website contains information, data, documents, pages and images (“the material”) prepared by the NSW Government Department of Planning and Environment (the Department).

The New South Wales Government, operating through the Department, supports and encourages the dissemination and exchange of publicly funded information and endorses the use of the Australian Governments Open Access and Licensing Framework (AusGOAL).

Subject to the exceptions listed below, the material available on this website is owned by the Department and is protected by Crown Copyright. It is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0). The legal code for the licence is available at Creative Commons.
 

Please give attribution in this form:
© State of New South Wales and Department of Planning and Environment [year of publication]

We also request that you observe and retain any copyright or related notices that may accompany this material as part of the attribution.

The Creative Commons licence does not apply to:

  • the Government Coat of Arms, New South Wales Government logo, Department logo, or any other government-owned trademarks, logos and brands
  • trade marks
  • intellectual property (including copyright) owned by third parties including photographs, illustrations, artwork and maps
  • personal information
  • other materials specifically not provided under a Creative Commons Attribution 4.0 licence.

Disclaimer

While the material has been created with all due care, the Department does not warrant or represent that the material is free from errors or omission, or that it is exhaustive.

Because the material is designed to promote the free exchange of information only, the Department cannot and does not make any claim as to the accuracy, authenticity, currency, completeness, reliability or suitability of any material, especially material supplied by third parties or linked to third party sites.

The material is provided on the basis that you are responsible for assessing the relevance of its content.

The Department will not accept liability for any loss, damage, cost or expense that you may incur as a result of the use of or reliance upon the material on this site or any linked sites.

Please also note the material may change without notice and you should use the current material from this site and not rely on material previously printed or stored by you.

Contact

For any queries about the use of material, please contact:

Director Community & Stakeholder Engagement
The Department of Planning and Environment
GPO Box 39 Sydney
New South Wales 2001
Email: [email protected]