Environmental Planning and Assessment Regulation 2000
Historical version for 8 July 2005 to 31 July 2005 (accessed 7 August 2020 at 20:18) Current version
Part 10 Division 1
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.