Building Professionals Amendment (Categories of Accreditation) Regulation 2014 (NSW)

New South Wales

Building Professionals Amendment

(Categories of Accreditation) Regulation

2014

under the

Building Professionals Act 2005

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Building Professionals Act 2005.

PRU GOWARD, MP Minister for Planning

Explanatory note
The object of this Regulation is to amend the Building Professionals Regulation 2007 as follows:

(a)	to expressly authorise holders of a certificate of accreditation of category A1, A2, A3 or A5 to exercise functions as a principal certifying authority under the Environmental Planning and Assessment Act 1979,
(b)	to make further provision in relation to the A5 category of accreditation for certain port-related development at Port Botany, Port Kembla and the Port of Newcastle, including as a consequence of amendments made by the Environmental Planning and Assessment Amendment (Three Ports) Regulation 2014,
(c)	to make a law revision amendment.

This Regulation is made under the Building Professionals Act 2005, including sections 5A and 94 (the general regulation-making power).

Building Professionals Amendment (Categories of

Accreditation) Regulation 2014

under the

Building Professionals Act 2005

1      Name of Regulation

This Regulation is the Building Professionals Amendment (Categories of
Accreditation) Regulation 2014.

2      Commencement

This Regulation commences on 31 May 2014 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Building Professionals Regulation
2007

[1]      Schedule 1 Categories of certificates of accreditation

Insert the following after the first paragraph of the matter relating to Category A1 in
Column 2:

Exercise of functions under the Environmental Planning and Assessment Act 1979 as a principal certifying authority for building work involving buildings of any class and size under the BCA.

[2]      Schedule 1, Part 1

Insert the following after the first paragraph of the matter relating to Category A2 in
Column 2:

Exercise of functions under the Environmental Planning and Assessment Act 1979 as a principal certifying authority for building work involving buildings referred to in the preceding paragraphs (a), (b) and (c).

[3]      Schedule 1, Part 1

Insert the following after the first paragraph of the matter in Column 2 relating to
Category A3:

Exercise of functions under the Environmental Planning and Assessment Act 1979 as a principal certifying authority for building work involving the buildings referred to above.

[4]      Schedule 1, Part 1

Omit the matter relating to Category A5. Insert instead:

Category A5—Accredited	Issue of complying development certificates, construction
certifier—Port Botany, Port Kembla	certificates and compliance certificates for building work to
and Port of Newcastle	which clause 162AB of the Environmental Planning and Assessment Regulation 2000 applies. Issue of complying development certificates and compliance certificates for any demolition that is complying development under State Environmental Planning Policy (Three Ports) 2013. Exercise of functions as a principal certifying authority for building work to which clause 162AB of the Environmental Planning and Assessment Regulation 2000 applies. Carrying out of inspections under clauses 129B, 143B and 162AB of the Environmental Planning and Assessment Regulation 2000.

[5]      Schedule 2 Fees

Insert “, A5” after “A4” in the matter relating to item 1.