Environmental Planning and Assessment Regulation 2000
Historical version for 26 April 2002 to 1 July 2002 (accessed 7 August 2020 at 20:26) Current version
Part 10 Division 3
Division 3 Accredited certifiers
204   Grounds for refusing, withdrawing or suspending accreditation: section 109T (2) (c)
(cf clause 81L of EP&A Regulation 1994)
(1)  For the purposes of section 109T (2) (c) of the Act, an accreditation body may withdraw a person’s accreditation as an accredited certifier if:
(a)  the person dies, or
(b)  the person is a mentally incapacitated person, or
(c)  the person makes a written request to the accreditation body for the withdrawal of that person’s accreditation, or
(d)  the person’s accreditation as a certifier (in whatever terms expressed) is suspended (otherwise than at that person’s request) under a corresponding law, or
(e)  the person has been accredited on the basis of an error of fact (whether or not arising from a misrepresentation made by the person).
(2)  For the purposes of section 109T (2) (c) of the Act, an accreditation body may suspend a person’s accreditation as an accredited certifier if:
(a)  the person makes a written request to the accreditation body for the suspension of that person’s accreditation, or
(b)  the person’s accreditation as a certifier (in whatever terms expressed) is suspended (otherwise than at that person’s request) under a corresponding law.
(3)  For the purposes of section 109T (2) (c) of the Act, an accreditation body may refuse to accredit a person as an accredited certifier on any of the grounds on which it could (otherwise than at that person’s request) withdraw or suspend that person’s accreditation under subclause (1) or (2).
(4)  In this clause, corresponding law means:
(a)  the Building Act 1975 of Queensland,
(b)  the Building Act 1993 of Victoria,
(c)  the Building Act 1993 of the Northern Territory,
(d)  the Development Act 1993 of South Australia,
(e)  the Construction Practitioners Registration Act 1998 of the Australian Capital Territory.
205   Record keeping by accredited certifiers
(cf clause 81M of EP&A Regulation 1994)
(1)  An accredited certifier must cause copies of the following documents to be kept at his or her business premises at all times:
(a)  any application for a certificate that has been made to the accredited certifier under this Act,
(b)  any written determination that has been made by the accredited certifier in relation to an application for a certificate under this Act,
(c)  any certificate or other document that the accredited certifier has relied on for the purpose of issuing a certificate under this Act,
(d)  any certificate issued by the accredited certifier under this Act,
(e)  any plans and specifications in respect of which the accredited certifier has issued a certificate under this Act,
(f)  a list of the projects in connection with which the accredited certifier has issued complying development certificates or Part 4A certificates, indicating:
(i)  the kinds of certificates issued by the accredited certifier in relation to each such project, and
(ii)  the classification of any building involved in each such project, and
(iii)  the local government area in which each such project was carried out, and
(iv)  the accredited certifier’s estimate of the cost of each such project.
(2)  This clause does not require an accredited certifier to keep copies of any such certificate, or of any ancillary application, determination, plan, specification or other document, for more than 15 years from the date on which the certificate was issued.
(3)  An accredited certifier must cause a copy of any document referred to in subclause (1) to be given to the Director-General if the Director-General so requests by notice in writing served on the accredited certifier.
(4)  On ceasing to be an accredited certifier, a person must cause copies of all documents referred to in subclause (1) to be given to the relevant accreditation body.