Operation of these Terms
The Crown in right of the State of New South Wales acting through the NSW Department of Planning and Environment (the "DP&E") makes this website (the "Website") available on the terms and conditions (the "Terms") set out below. You agree that these Terms create a legally binding agreement between you and the DP&E.
In these Terms:
"You" and "your" means the user of this Website and includes the officers, employees, agents and contractors of the user.
"Intellectual Property Rights" includes patent, know-how, copyright, moral rights, design, semi-conductor or circuit layout rights, trade mark, trade, business or company names or other proprietary rights and any rights to registration of such rights, in Australia or elsewhere.
Information used on this Website
You acknowledge and agree that the information found on this Website is sourced from a variety of sources(including the private sector, Local Councils, State and Commonwealth Governments). Subject to the Copyright Act 1968 (Cth), all rights to the information, are reserved to the DP&E or to relevant third parties.
You acknowledge and agree that the information found on this Website may be indicative in nature or in draft form, may contain errors or omissions and is subject to change at any time without notice. Where there is any doubt about the accuracy of the information provided on this Website, you must consult your Local Council.
The DP&E does not warrant or represent that the information found on this Website is accurate, correct, reliable or free from error.
The DP&E does not warrant or represent that the Website will be:
(a) available at any particular times, continuously or without interruption; or
(b) free from any defect, virus or other malfunction.
Liability and Indemnity
You agree that, unless expressly provided otherwise and to the extent permitted by law
(a) no warranty, condition, description or representation is provided by the DP&E in relation to this Website or any part thereof, or any information or services provided;
(b) the DP&E shall not be liable to you for any loss or damage (including but not limited to, loss of profits, loss or damage to property, loss of goodwill or damage to reputation, loss of opportunity or bargain, anticipated savings and loss or corruption of data) whether in contract, tort (including negligence) or otherwise arising from or in connection with:
(i) these Terms;
(ii) the performance of this Website;
(iii) any defect, error or inaccuracy in this Website or any part thereof or any information or services provided;
(iv) any lack of completeness, suitability or fitness for purpose of this Website or any service or information provided;
(v) any inaccuracy, omission, defect or error in your computer system; and
(vi) any claim for infringement of Intellectual Property Rights based on your use of the Website or any part thereof with any computer programs, systems or data, not provided or authorised for use by the DP&E.
Where a term is implied by law and cannot be excluded, the DP&E is liable to you for breach of such a non-excludable term. However, the DP&E's liability will be limited to the extent permitted by law and, at the option of the DP&E, to one or more of the following:
(a) the re-supply of the information or service; or
(b) the cost of such re-supply.
You agree to indemnify and keep indemnified, hold harmless and defend the DP&E (which term includes the officers, employees, contractors and agents of the DP&E), from and against any and all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against or made upon the DP&E arising from, or incurred by reason of, or in connection with:
(a) your use of this Website;
(b) any act, breach or omission by you;
(c) any use, including unauthorised use, of this Website, or of any user name or password; or
(d) any infringement or alleged infringement of any Intellectual Property Rights (including moral rights) arising out of your use of this Website or any material or information you post on the Website.
The DP&E will not be under any liability for any delay, loss or damage (including consequential loss) caused to you directly or indirectly by the unavailability of this Website, or any part thereof, due to your failure to comply with these Terms, or due to a loss of power or mechanical failure or any other cause whatsoever outside the control of the DP&E (including acts of war, acts of God, acts of terrorism, earthquake, flood, riot, embargo, sabotage or Governmental acts).
Suspension and termination
The DP&E reserves the right to suspend or permanently terminate the operation of the Website at any time at its absolute discretion and is under no obligation to provide you with notice of, or reasons for, such suspension or termination.
You acknowledge and agree that the DP&E may suspend or cancel your access to the Website or require you to change your username and password periodically or if the DP&E reasonably believes that access to the Website has been used or will be used for purposes other than those for which this Website.
Section 149 certificates
(a) It is advised that a Section 149 Planning Certificate must be obtained from Council before considering any planning, building or development works. These certificates contain important information, such as zoning and policies that may apply to your land.
(b) You acknowledge and agree that the information on this Website is not a substitute for obtaining a section 149 planning certificate under the Environmental Planning and Assessment Act 1979.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure and communications to and from this website may be intercepted or altered in transit. Although the DP&E strives to protect such information, the DP&E cannot ensure the security of any information which is transmitted to or from this Website. When using this Website you transmit and receive information at your own risk.
Accessing documents via the Electronic Housing Code portal
The NSW Department of Planning & Environment aims to make its website accessible to all people including those with disabilities of restricted internet access.
People with disabilities
The size of the entire webpage can be increased by holding the Ctrl key and rolling the scroll wheel of the mouse forward. Rolling the scroll wheel backward will reduce the page size back again. If you are using the Electronic Housing Code and find information in PDF format that you can not access, please contact the Electronic Housing Code Project Management Office at email firstname.lastname@example.org .
People with restricted internet access
The Electronic Housing Code website has kept the size of all PDF documents on the website below 10 megabytes.
EHC Privacy Statement
The Privacy and Personal Information Protection Act 1998 ("PPIPA") provides for the protection of personal information and for the protection of the privacy of individuals.
In completing any of the forms available on this Website you will provide the DP&E with "personal information", which is defined in the PPIPA as "information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion." Personal information collected by the DP&E will include your name and any other information you provide in the forms and is required by the DP&E in order to process your application.
For the purposes of section 10 of the PPIPA, you acknowledge and agree that any personal information you provide through your use of this Website may be provided by the DP&E to:
(a) the relevant Local Council;
(b) the accredited certifier you select to provide certification services for your proposed development;
(c) other New South Wales Government Departments (including the Department of Finance and Services); and
(d) Commonwealth Government Departments and Commonwealth authorities, for the purposes of operating and maintaining this Website and in order to assess, approve and certify your proposed development and any related purposes.
Should you wish to access or correct any of your personal information held by the DP&E, please contact: Electronic Housing Code Project Management Office at email email@example.com .
You also acknowledge and agree that information you provide to the DP&E may be disclosed where such disclosure is required by law (including, without limitation, pursuant to the Government Information (Public Access) Act 2009).
EHC Copyright and Disclaimer
Information and documents you upload to the Website
Copyright (including future copyright) in all information and material you post on the Website, vests in the DP&E in right of the State of New South Wales or is otherwise hereby assigned to the DP&E. Title to, and Intellectual Property Rights in, all information and material you post on the Website (other than copyright) shall, on creation, vest or otherwise be assigned or transferred to the DP&E, without the need for further assurance.
Where you are unable to comply with the above in relation to any information or material because you do not own those Intellectual Property Rights, you hereby warrant and represent that you are appropriately licensed to permit all persons using the application and any accompanying document, information or material in accordance with the Environmental Planning and Assessment Act 1979, including without limitation to:
(a) make copies of any information or material you post on the Website; and
(b) use and adapt any such information or material.
Without limiting the above, you are taken to have indemnified all persons using the application and any accompanying documents in accordance with the Environmental Planning and Assessment Act 1979 against any claim or action in respect of breach of such Intellectual Property Rights.
The DP&E reserves the right at its absolute discretion to edit, delete, reject or amend any information or material you post on the Website without notice.
EHC Contact Details and Feedback
Electronic Housing Code Project Management Office
Level 3, 66 Harrington Street, Sydney NSW 2000
GPO BOX 39, Sydney NSW 2001
Opening Hours: 9.00am to 5.00pm Monday to Friday.
If you are having technical problems with this website, please email firstname.lastname@example.org .