Environmental Planning and Assessment Act 1979 No 203
117B Action that may be taken against council following
(1) If the Building Professionals Board has made its final report of
the results of an investigation under section 45 of the Building Professionals Act 2005 in
relation to a council publicly available and is of the opinion that the
council has not taken appropriate action about a matter investigated, the
(a) make recommendations to the Director-General of the Department of
Local Government as to the measures that it considers appropriate to be taken
in relation to the matter, or
(b) recommend to the Minister that the Minister take action against
the council under this section.
Note. Section 45 of the Building
Professionals Act 2005 enables the Building Professionals
Board to investigate the work and activities of a council in its capacity as a
(2) The Minister may, on the recommendation of the Board under this
section and following consultation with the Minister administering the Local Government Act 1993, make an
order suspending a council’s authority to exercise all or specified
functions of a certifying authority.
(3) A council must comply with an order under this section that
relates to the council.
(4) Despite any other provision of this Act, a council that is the
subject of an order must not exercise any function of a certifying authority
while the council’s authority to exercise that function is suspended by
operation of the order.
(5) An order does not operate to suspend a council’s authority
to exercise the functions of a certifying authority in relation to any matter
being dealt with by the council as a certifying authority before the
commencement of the order, unless the order provides
(6) An order may contain provisions of a savings or transitional
nature consequent on the suspension contained in the
(7) Without limiting subsection (6), an order may contain provisions
for or with respect to the following:
(a) the way in which any pending matter being dealt with by the
relevant council as a certifying authority is to be completed, including, for
example, enabling the council to complete any such matter or providing for the
matter to be completed by an accredited certifier,
(b) directing any fee paid to the council to act as a certifying
authority in relation to any pending matter to be
(c) directing the council to pay any fees required to be paid to an
accredited certifier to complete any pending matter being dealt with by the
council as a certifying authority.
(8) The Minister must revoke an order if satisfied that the relevant
council has implemented measures to address the matters that led to the making
of the order.
(9) Nothing prevents the Minister from amending an order made under
this section by another order, including amending the first order to change
the functions of a certifying authority to which the first order
(10) An order under this section must be in writing and published in
the Gazette and takes effect on the day on which it is published in the
Gazette or on a later day specified in the order.
(11) Section 109E (1AA) does not require a council to accept an
appointment as principal certifying authority if the council would contravene
subsection (4) by accepting the appointment.
(12) An order under this section may be made whether or not any action
has been taken by the Minister under section 118 in relation to the exercise
of all or any of the functions of the council