NSW State Legislation
The Statutory Flow
Act Reg Standard
Environmental Planning and Assessment Act 1979
→ EP&A (Development Certification and Fire Safety) Regulation 2021 (Section 81 & 89)
→ AS 1851-2012 Routine Service
Why NSW is Unique
In New South Wales, the transition from "Best Practice" to "Legal Mandate" is triggered by **Section 81** of the 2021 Regulation. For all building classes except 1a, fire safety measures must be maintained to the performance standard nominated in the building's Fire Safety Schedule.
Since modern schedules almost universally nominate **AS 1851-2012**, this Standard effectively becomes law.
The 6-Month Mandate
Because NSW ratifies AS 1851, the **Section 14 (Emergency Planning)** routine service schedule is mandatory. Building owners must produce records of:
- ECO Skills Maintenance: Every 6 months (Section 14.2.2).
- Evacuation Exercises: Annual validation of the exercise program (Section 14.4.3).
- AFSS Sign-off: Accreditation under the FPAS scheme is required to certify these measures for your Annual Fire Safety Statement.