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ARTICLE · 13 NOVEMBER 2019

Residential focus - NSW government keeps dangerous cladding list a secret

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A list of 444 buildings assessed as having dangerous, flammable cladding will not be shown to the public & is deemed privileged.

AustraliaLitigation, Mediation & Arbitration

NSW Government keeps dangerous cladding list a secret

The NSW Government has confirmed that a list of 444 buildings assessed as having dangerous flammable cladding will not be shown to the public and is deemed privileged. The Government is concerned that that these buildings may be prone to arson or terrorism attacks.

The 'high risk' list has been prepared by Fire and Rescue NSW, a member of the inter-agency Fire Safety and External Wall Cladding Taskforce (Taskforce), and is reportedly subject to a second assessment. The organisation undertaking that second assessment is unknown.

It is anticipated that after the second assessment, the list will be revealed to the public by virtue of section 19(5) of the Building Products (Safety) Act 2017 (NSW) (BPSA) or section 186U(3) of the Environmental Planning and Assessment Regulation 2000 (EP&AR). These sections provide for the NSW Government to:

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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