Environmental Planning and Assessment Amendment (CodeMark) Regulation 2006 (NSW)
2006 No 315
New South Wales
Environmental Planning and
Assessment Amendment (CodeMark)
Regulation 2006
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979.
FRANK SARTOR, M.P.,
Minister for Planning
Explanatory note
The object of this Regulation is to amend the Environmental Planning and Assessment Regulation 2000 to replace provisions recognising the certification of components, processes and designs in accordance with the Australian Building Products and Systems Certification Scheme for the purposes of specified provisions of the Environmental Planning and Assessment Act 1979 with provisions recognising the certification of building products and systems in accordance with the CodeMark scheme managed by the Australian Building Codes Board.
Environmental including sections 79C (4), 85A (4), 105 and 157 (the general regulation-making power).
The amendments are made as a consequence of the amendment of the
Planning and Assessment Act 1979 by the Building Professionals Act 2005.
| Published in Gazette No 82 of 23 June 2006, page 4611 | Page 1 |
| 2006 No 315 | Environmental Planning and Assessment Amendment (CodeMark) |
| Clause 1 | Regulation 2006 |
Environmental Planning and Assessment Amendment
(CodeMark) Regulation 2006
under the
Environmental Planning and Assessment Act 1979
1 Name of Regulation
This Regulation is the Environmental Planning and Assessment
Amendment (CodeMark) Regulation 2006.
2 Commencement
This Regulation commences on 23 June 2006.
3 Amendment of Environmental Planning and Assessment Regulation 2000
The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1.
| Environmental Planning and Assessment Amendment (CodeMark) | 2006 No 315 |
| Regulation 2006 | |
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 3)
Part 12
Omit the Part. Insert instead:
Part 12 Accreditation of building products and
systems224 Building products and systems certified under CodeMark scheme
(1) For the purposes of sections 79C (4) and 85A (4) of the Act, a building product or system is accredited if and only if a certificate of conformity issued in accordance with the CodeMark scheme is in force with respect to the building product or system.
Note. This clause also applies in relation to accreditation for the purposes of the issue of construction certificates as provided by section 109F (2) of the Act.
(2) In this clause, CodeMark scheme means the CodeMark scheme for the certification of building products and systems managed by the Australian Building Codes Board, in which the certification bodies are accredited and monitored by the Joint Accreditation System of Australia and New Zealand established on 30 October 1991. 225 Savings provisions
(1)
Any building product or system (however described) in respect of which a certificate of conformity under the ABCB scheme was issued before the commencement is taken to have been accredited in accordance with clause 224 as in force after the commencement, subject to the same limitations as to time as those to which the certificate of conformity is subject.
(2) Any building product or system (however described):
(a)
that was the subject of an application for a certificate of conformity that was lodged under the ABCB scheme before the commencement but had not been determined at the commencement, and
(b)
in respect of which such a certificate of conformity is issued in accordance with that scheme after the commencement,
| 2006 No 315 | Environmental Planning and Assessment Amendment (CodeMark) Regulation 2006 |
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is taken to have been accredited in accordance with clause 224 as in force after the commencement, subject to the same limitations as to time as those to which the certificate of conformity is subject.
(3) In this clause:
ABCB scheme has the same meaning as in clause 224 as in force
before the commencement.
commencement means the commencement of the Environmental
Planning and Assessment Amendment (CodeMark)
Regulation 2006.
BY AUTHORITY
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