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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 13 September 2019 to date (accessed 17 November 2019 at 11:38)
Part 9 Division 1 Clause 167A
167A   Competent fire safety practitioners
(1)  The Secretary may, by order published in the Gazette, recognise a class of persons as competent fire safety practitioners for the purposes of one or more provisions of this Regulation.
(2)  Without limiting the classes of persons who may be recognised, they may include—
(a)  a class of persons holding a specified category of certificate of accreditation under the Building Professionals Act 2005, or
(b)  a class of persons holding a specified category of certificate of accreditation under the Building Professionals Act 2005 and having some other characteristic or qualification, or
(c)  a class of persons who have undergone particular training or assessment carried out by a specified professional organisation or body or an industry organisation or body.
(3)  In determining whether or not to make an order under this clause, the Secretary must have regard to any guidelines published by the Secretary about the steps that professional or industry organisations or bodies are to follow in order to be considered for inclusion in such an order, including requirements about auditing and complaints handling.
(4)  Until an order is published under subclause (1) and one or more persons have been recognised as a competent fire safety practitioner for a particular function under this Regulation—
(a)  for the purposes of the functions referred to in clauses 130, 136AA, 144A, 146B and 164B, any person who, in the written opinion of the relevant certifying authority or principal certifying authority, as the case may be, is competent to perform the fire safety assessment functions under those clauses is taken to be a competent fire safety practitioner, and
(b)  for the purposes of the functions referred to in Divisions 4 and 5 of Part 9, any person who, in the written opinion of the relevant building owner, is competent to perform the fire safety assessment functions under those Divisions is taken to be a competent fire safety practitioner.
(5)  In this clause—
Secretary means the Secretary of the Department of Finance, Services and Innovation.