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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 8 July 2002 to 31 July 2002 (accessed 8 April 2020 at 19:11) Current version
Part 4B Division 2
Division 2 Accreditation of certifiers
109S   Authorisation of accreditation bodies
(1)  The Minister may, in accordance with the regulations:
(a)  authorise any professional association as an accreditation body with respect to any specified class of matters, and
(b)  withdraw any authorisation so granted.
(2)  More than one professional association may be authorised as an accreditation body with respect to the same class of matters.
109T   Accreditation of accredited certifiers
(1)  An accreditation body may accredit persons (other than bodies corporate) as accredited certifiers in accordance with its authorisation as an accreditation body.
(2)  An accreditation body may refuse to accredit a person as an accredited certifier or suspend or withdraw a person’s accreditation as an accredited certifier:
(a)  if it is satisfied that the person does not have the qualifications or expertise to exercise the functions of an accredited certifier, or
(b)  if it is satisfied that the person is not covered by the required insurance (within the meaning of section 109ZN), or
(c)  for such other reasons as may be prescribed by the regulations.
(3)  An accreditation body must refuse to accredit a person as an accredited certifier or suspend or withdraw a person’s accreditation as an accredited certifier if directed to do so by an order made by the Tribunal under this Part.
(4)  Neither an accreditation body, nor any member or member of staff of an accreditation body, is liable for any act or omission done or omitted to be done in good faith in the exercise of any function under this section.
(5)  The regulations may make provision for or with respect to any or all of the following:
(a)  the keeping by the Director-General of a register of accredited certifiers,
(b)  the issue of certificates by the Director-General containing details of the accreditation of a person and the evidentiary value of such certificates.
109U   Auditing of accredited certifiers
(1)  The Director-General may authorise any person (referred to in this section as a Departmental inspector) to carry out an investigation into the work and activities of an accredited certifier.
(2)  For the purpose of carrying out the investigation, the Departmental inspector may exercise the same functions under sections 431 and 432 of the Local Government Act 1993 as may be exercised by a Departmental representative referred to in those sections.
(3)  The Departmental inspector must report to the Director-General on the results of the investigation.
(4)  If satisfied that the report indicates that the accredited certifier is or may be guilty of unsatisfactory professional conduct or professional misconduct, the Director-General:
(a)  must furnish a copy of the report to the accredited certifier, and
(b)  may furnish a copy of the report to the relevant accreditation body and any person prescribed by the regulations, and
(c)  may apply to the Tribunal for a disciplinary finding against an accredited certifier with respect to any matter arising from the report.