Environmental Planning and Assessment Regulation 2000
Historical version for 1 July 2003 to 21 July 2003 (accessed 9 August 2020 at 00:37) Current version
Part 10
Part 10 Accreditation bodies and accredited certifiers
Division 1 Accreditation bodies
191   Definition
In this Division, Ministerial guidelines means guidelines in force under clause 198.
192   Application for authorisation
(cf clause 81 of EP&A Regulation 1994)
(1)  A professional association may apply to the Minister to be authorised as an accreditation body with respect to any specified class of matters.
(2)  An application:
(a)  must be in writing, and
(b)  must be delivered by hand, sent by post or transmitted electronically to the offices of the Department, but may not be sent by facsimile transmission, and
(c)  must indicate the class of matters in relation to which the association seeks to be authorised, and
(d)  must address each of the matters in respect of which the Minister must be satisfied (as referred to in clause 194) before the association may be authorised as an accreditation body, and
(e)  must comply with such requirements (if any) as are contained in the Ministerial guidelines.
193   Public notice of applications
(cf clause 81A of EP&A Regulation 1994)
(1)  The Minister must ensure that an application for authorisation as an accreditation body is publicly notified in a daily newspaper circulating throughout New South Wales and, together with any accompanying information, is available for inspection during the period, and at the place or places, specified in the notice.
(2)  The notice:
(a)  must indicate where a copy of the application may be inspected or obtained, and
(b)  must indicate that any person may make submissions to the Minister with respect to the application, and
(c)  must indicate the period of time (being at least 28 days) within which any such submission must be made.
(3)  During the relevant submission period:
(a)  any person may inspect the application and any accompanying information and make extracts from or copies of them, and
(b)  any person may make written submissions to the Minister with respect to the application.
(4)  In determining an application, the Minister must have regard to any submissions duly made in response to the notice.
194   Matters to be demonstrated by proposed accreditation body
(cf clause 81B of EP&A Regulation 1994)
(1)  A professional association is not to be authorised as an accreditation body unless the Minister is satisfied that the association:
(a)  has sufficient resources and expertise to exercise the functions of an accreditation body, and
(b)  in the exercise of those functions, will comply with the requirements of the Act, this Regulation and the Ministerial guidelines,
in relation to the class of matters in respect of which it is to be authorised.
(2)  For the purposes of this clause, the Minister must have particular regard to the following functions of an accreditation body:
(a)  the annual accreditation of certifiers, including procedures for establishing that applicants for accreditation:
(i)  have the qualifications or expertise to exercise the functions of an accredited certifier, and
(ii)  are covered by the required insurance (within the meaning of section 109ZN of the Act) for the whole of the period for which the certifier is to be accredited,
(b)  the monitoring of the conduct of accredited certifiers,
(c)  the taking of disciplinary proceedings against accredited certifiers,
(d)  the implementation of the decisions of the Administrative Decisions Tribunal with respect to accredited certifiers,
(e)  the maintenance of records and the provision of information concerning accredited certifiers,
(f)  such other functions of an accreditation body as the Ministerial guidelines may specify.
195   Authorisations
(cf clause 81C of EP&A Regulation 1994)
(1)  As soon as practicable after authorising a professional association as an accreditation body, the Minister must cause notice of that fact to be published in the Gazette.
(2)  The notice must indicate the name of the association, the fact that it is authorised as an accreditation body, the class of matters in relation to which it is authorised and the terms of the authorisation or the place at which the terms of the authorisation may be inspected.
(3)  The authorisation takes effect on the date on which the notice is published in the Gazette.
196   Variation of authorisations
(cf clause 81D of EP&A Regulation 1994)
(1)  The Minister may from time to time vary the terms of an accreditation body’s authorisation.
(2)  The proposal to vary the terms of an authorisation may be made by the Minister or by the accreditation body.
(3)  Clause 193 applies to a proposal to vary the terms of an accreditation body’s authorisation (whether made by the Minister or by the accreditation body) in the same way as it applies to an application for authorisation as an accreditation body.
(4)  The terms of an accreditation body’s authorisation may not be varied unless the Minister is satisfied (having regard to the functions referred to in clause 194) that the accreditation body:
(a)  has sufficient resources and expertise to exercise the functions of an accreditation body, and
(b)  in the exercise of those functions, will comply with the requirements of the Act, this Regulation and the Ministerial guidelines,
in relation to the class of matters in respect of which the accreditation body is, or (if the variation affects that class of matters) is to be, authorised.
(5)  As soon as practicable after deciding to vary the terms of an accreditation body’s authorisation, the Minister must cause notice of that fact to be published in the Gazette.
(6)  The notice must indicate the name of the association, the fact that the terms of its authorisation have been varied and the terms of its authorisation (as so varied) or the place at which the terms of its authorisation (as so varied) may be inspected.
(7)  A variation of the terms of an accreditation body’s authorisation takes effect on the date on which the notice is published in the Gazette.
197   Withdrawal of authorisations
(cf clause 81E of EP&A Regulation 1994)
(1)  If satisfied that an accreditation body:
(a)  is in breach of its authorisation, or
(b)  does not have sufficient resources or expertise to exercise the functions of an accreditation body, or
(c)  has failed to comply with the requirements of the Act, this Regulation or the Ministerial guidelines,
the Minister may withdraw its authorisation by means of a notice published in the Gazette.
(2)  Before taking any action under this clause, the Minister:
(a)  must notify the accreditation body of the action proposed by the Minister, and
(b)  must give the accreditation body a reasonable opportunity to make submissions to the Minister with respect to the action proposed, and
(c)  must have due regard to any submissions made by the accreditation body with respect to the action proposed.
(3)  Withdrawal of an accreditation body’s authorisation takes effect on the date on which the notice is published in the Gazette.
(4)  On withdrawing an accreditation body’s authorisation, the Minister must cause a copy of the notice to be given to the accreditation body.
198   Ministerial guidelines
(cf clause 81F of EP&A Regulation 1994)
(1)  The Minister may from time to time establish guidelines for the purposes of this Part and may from time to time amend or revoke any guidelines so established.
(2)  The guidelines may deal with:
(a)  the form and content of applications made by professional associations for authorisation as accreditation bodies, and
(b)  any aspect of the exercise of an accreditation body’s functions, and
(c)  any other matter relating to accreditation bodies with respect to which the Minister considers that it is appropriate to establish guidelines,
whether generally or in relation to particular accreditation bodies or particular classes of matters.
199   Savings and transitional provisions where authorisation ceases
(cf clause 81G of EP&A Regulation 1994)
(1)  This clause applies to:
(a)  an accreditation body that ceases to exist or whose authorisation as an accreditation body is withdrawn, and
(b)  an accreditation body that ceases to be authorised in respect of a class of matters because of a variation in the terms of its authorisation,
(referred to in either case as a defunct accreditation body) but, in relation to an accreditation body that ceases to be authorised in respect of a class of matters, applies only in relation to the class of matters in respect of which the accreditation body has ceased to be authorised.
(2)  Subject to action taken under the Act or this Regulation, as applied by this clause, any accreditation granted by a defunct accreditation body continues to have effect according to its terms.
(3)  If an accreditation body becomes defunct:
(a)  the functions of the defunct accreditation body (including the commencement and maintenance of any proceedings before the Administrative Decisions Tribunal under Division 3 of Part 4B of the Act) are to be exercised by the Minister, or by such other person as the Minister may appoint to exercise those functions, and
(b)  the Act and this Regulation apply to the Minister, or to the person so appointed, in the same way as they previously applied to the accreditation body before it became defunct.
(4)  Without limiting subclause (3) (a), another accreditation body may be appointed to exercise the functions of a defunct accreditation body.
(5)  Neither the Minister, nor any person appointed to exercise the functions of a defunct accreditation body, is liable for any act or omission done or omitted to be done in good faith in the exercise of those functions.
Division 2 Registers and records
200   Accreditation bodies’ registers
(cf clause 81H of EP&A Regulation 1994)
(1)  Each accreditation body must keep a register in relation to all accredited certifiers accredited by it.
(2)  The register must contain the following particulars for each person who is, or has at any time been, accredited by the accreditation body as a certifier:
(a)  the person’s name and the address of the person’s place of business,
(b)  the class of matters for which the person is or has been accredited,
(c)  the date on which the person was first accredited, and the date of each occasion on which the person’s accreditation has been renewed,
(d)  the name of each insurer with whom the person has effected the required insurance within the meaning of section 109ZN of the Act, the identifying number of each relevant insurance contract and the dates between which the indemnity (other than the run-off cover) provided by the relevant insurance contract has or has had effect,
(e)  the terms of any conditions to which the person’s accreditation is or has been subject, and the dates between which any such condition has or has had effect,
(f)  in the case of a person whose accreditation is or has been suspended, the dates between which the suspension has or has had effect,
(g)  in the case of a person whose accreditation as an accredited certifier has been withdrawn or has otherwise ceased to have effect, the date on which the accreditation was withdrawn or ceased to have effect, as the case requires,
(h)  a list of the projects in connection with which the person has issued complying development certificates or Part 4A certificates, indicating:
(i)  the kinds of certificates issued by the person 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 person’s estimate of the cost of each such project.
(3)  An accreditation body must make its register available for inspection, free of charge, during the accreditation body’s ordinary office hours.
(4)  A copy of any extracts from the register may be made on payment of a reasonable copying charge set by the accreditation body.
(5)  An accreditation body must furnish the Director-General with copies of all entries it makes in its register.
(6)  An accredited certifier must ensure that the relevant accreditation body is notified immediately of any event or circumstance that requires any alteration to be made to the information contained in the register in relation to the certifier.
201   Other documents to be kept by accreditation bodies
(cf clause 81I of EP&A Regulation 1994)
(1)  An accreditation body must keep copies of the following documents:
(a)  all applications for accreditation under the Act,
(b)  all notices received by it under the Act or this Regulation,
(c)  all records made by it, under the Act or under this Regulation, in relation to complaints made to it under the Act,
(d)  all reports received by it under section 109U of the Act,
(e)  all copies of documents given to it as referred to in clause 205 (3).
(2)  Subclause (1) (e) does not require an accreditation body to keep copies of any 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 accreditation body 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 accreditation body.
202   Central register
(cf clause 81J of EP&A Regulation 1994)
(1)  The Director-General must cause a register to be kept in relation to all accredited certifiers (a central register).
(2)  The central register must contain the following particulars for each person who is, or has at any time been, an accredited certifier:
(a)  the person’s name and the address of the person’s place of business,
(b)  the class of matters for which the person is or has been accredited,
(c)  the name of the accreditation body by which the person is or has been accredited,
(d)  the date on which the person was first accredited, and the date of each occasion on which the person’s accreditation has been renewed,
(e)  the name of each insurer with whom the person has effected the required insurance within the meaning of section 109ZN of the Act, the identifying number of each relevant insurance contract and the dates between which the indemnity (other than the run-off cover) provided by the relevant insurance contract has or has had effect,
(f)  the terms of any conditions to which the person’s accreditation is or has been subject, and the dates between which any such condition has or has had effect,
(g)  in the case of a person whose accreditation is or has been suspended, the dates between which the suspension has or has had effect,
(h)  in the case of an accredited certifier whose accreditation has been withdrawn or has otherwise ceased to have effect, the date on which the accreditation was withdrawn or ceased to have effect, as the case requires.
203   Annual reports
(cf clause 81K of EP&A Regulation 1994)
(1)  As soon as practicable after 30 June, but before 31 December, in each year, an accreditation body must prepare and forward to the Minister a report of the accreditation body’s work and activities under the Act for the period of 12 months ending on 30 June in that year (the reporting year).
(2)  An accreditation body’s report must include particulars as to the following:
(a)  the number of persons accredited by the accreditation body during the reporting year,
(b)  the number of complaints against accredited certifiers made to the accreditation body during the reporting year,
(c)  the action taken by the accreditation body with respect to each such complaint, including details as to:
(i)  the number of complaints that it has dismissed, and
(ii)  the number of complaints in respect of which it has instituted proceedings in the Administrative Decisions Tribunal, and
(iii)  the number of complaints that it has dealt with otherwise than as referred to in subparagraphs (i) and (ii),
(d)  the action taken by the Administrative Decisions Tribunal with respect to each complaint in respect of which it has instituted proceedings in the Tribunal,
(e)  the number of persons whose accreditation has been suspended or withdrawn during the reporting year, including details as to:
(i)  the number of persons whose accreditation has been suspended as a consequence of action taken by the Administrative Decisions Tribunal with respect to a complaint, and
(ii)  the number of persons whose accreditation has been withdrawn as a consequence of action taken by the Administrative Decisions Tribunal with respect to a complaint, and
(iii)  the number of persons whose accreditation has been withdrawn otherwise than as a consequence of action taken by the Administrative Decisions Tribunal with respect to a complaint,
(f)  such particulars as are required by the terms of its authorisation to be included in its report.
(3)  The Minister must cause each such report to be laid before both Houses of Parliament as soon as practicable after receiving the report.
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.