Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009 (NSW)

2009 No 38

New South Wales

Building Professionals Amendment

(Inspections and Penalty Notices)

Regulation 2009

under the

Building Professionals Act 2005

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

KRISTINA KENEALLY, M.P.,

Minister for Planning

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

(a)	to authorise persons holding certain categories of accreditation to carry out certain inspections under the Environmental Planning and Assessment Act 1979, Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986 as a consequence of the enactment of the Environmental Planning and Assessment Amendment Act 2008, and
(b)	to require records to be kept by accredited certifiers of certain inspections carried out under the Environmental Planning and Assessment Act 1979, and
(c)	to prescribe certain offences against the Building Professionals Act 2005 as penalty notice offences.

This Regulation is made under the Building Professionals Act 2005, including sections 60, 92 and 94 (the general regulation making power).

Published in Gazette No 29 of 6 February 2009, page 565	Page 1
2009 No 38	Building Professionals Amendment (Inspections and Penalty Notices)
Clause 1	Regulation 2009

Building Professionals Amendment (Inspections and

Penalty Notices) Regulation 2009

under the

Building Professionals Act 2005

1      Name of Regulation

This Regulation is the Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009.

2      Commencement

This Regulation commences on 2 March 2009.

Building Professionals Amendment (Inspections and Penalty Notices)	2009 No 38
Regulation 2009
Amendment of Building Professionals Regulation 2007	Schedule 1
Schedule 1	Amendment of Building Professionals Regulation 2007

[1]      Clause 8 Record keeping by accredited certifiers

Insert “129C, 143C or” after “clause” in clause 8 (1) (h).

[2]      Schedule 1 Categories of certificates of accreditation

Insert after “Environmental Planning and Assessment Act 1979” in Column 2 of the matter relating to Category A1 in Part 1:

Carrying out of inspections under clauses 129B and 143B of the
Environmental Planning and Assessment Regulation 2000.

[3]      Schedule 1, Part 1

Insert after “1 March 2009” wherever occurring in Column 2 of the matter relating to Category A2 and Category A3:

Carrying out of inspections under clauses 129B and 143B of the
Environmental Planning and Assessment Regulation 2000.

[4]      Schedule 1, Part 1

Insert after “subdivision certificates.” in Column 2 of the matter relating to
Category B1:

Carrying out of inspections under clause 129B of the
Environmental Planning and Assessment Regulation 2000.

[5]      Schedule 1

Insert after “those Acts.” in Column 2 of the matter relating to Category D1:

Carrying out of inspections referred to in section 37AA of the Strata Schemes (Freehold Development) Act 1973 and section 66AA of the Strata Schemes (Leasehold Development) Act 1986.

[6]      Schedule 4 Savings and transitional provisions

Insert after Part 2:

Part 3 Provisions consequent on enactment of
Building Professionals Amendment
(Penalty Notices) Regulation 2008

8      New authorisations

For the avoidance of doubt, the amendments made to Schedule 1 by the Building Professionals Amendment (Inspections and

2009 No 38	Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009
Schedule 1	Amendment of Building Professionals Regulation 2007

Penalty Notices) Regulation 2009 apply to a person holding a relevant certificate of accreditation whether or not the certificate was issued before, on or after the commencement of those amendments.

[7]      Schedule 3

Omit the Schedule. Insert instead:

Schedule 3 Penalty notice offences

(Clause 22)

Column 1	Column 2
Offence	Penalty ($)
Building Professionals Act 2005
Section 58 (2)	$1,500 for an individual $3,000 for a corporation
Section 60 (1)	$750 for an individual $1,500 for a corporation
Section 60 (2)	$1,500 for an individual $3,000 for a corporation
Section 61 (1)	$1,500 for an individual $3,000 for a corporation
Section 61 (2)	$750 for an individual $1,500 for a corporation
Section 61 (3)	$250 for an individual $500 for a corporation
Section 63 (1)	$1,500 for an individual $3,000 for a corporation
Section 64 (2)	$1,500, for an individual $3,000, for a corporation
Section 66 (1)	$1,500, for an individual $3,000 for a corporation
Section 72	$1,500, for an individual $3,000 for a corporation

Building Professionals Amendment (Inspections and Penalty Notices)	2009 No 38
Regulation 2009
Amendment of Building Professionals Regulation 2007	Schedule 1

Column 1	Column 2
Offence	Penalty ($)
Section 73	$1,500, for an individual $3,000 for a corporation
Section 74 (1)	$750 for an individual $1,500 for a corporation
Section 85 (1)	$1,500, for an individual $3,000 for a corporation

BY AUTHORITY