New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 109EA

109EA Replacement of principal certifying authorities

(1) A person may not be appointed to replace another person as the principal certifying authority for development unless:

(a) the Building Professionals Board so approves in writing and the relevant council and consent authority are notified before the replacement occurs, or

(b) the current principal certifying authority, the proposed principal certifying authority and a person who is eligible to appoint a principal certifying authority for the development agree.

(2) An application to the Building Professionals Board for approval or a notification under subsection (1) is to be accompanied by the fee (if any) prescribed by the regulations under the Building Professionals Act 2005 and is to be in a form approved by the Board.

(3) If the Building Professionals Board approves the appointment of the relevant council to replace another person as the principal certifying authority under subsection (1) (a), the council must accept that appointment.