New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 117B

117B Action that may be taken against council following investigation

(1) If the Building Professionals Board has made its final report of the results of an investigation under section 45 of the Building Professionals Act 2005 in relation to a council publicly available and is of the opinion that the council has not taken appropriate action about a matter investigated, the Board may:

(a) make recommendations to the Director-General of the Department of Local Government as to the measures that it considers appropriate to be taken in relation to the matter, or

(b) recommend to the Minister that the Minister take action against the council under this section.

Note: Section 45 of the Building Professionals Act 2005 enables the Building Professionals Board to investigate the work and activities of a council in its capacity as a certifying authority.

(2) The Minister may, on the recommendation of the Board under this section and following consultation with the Minister administering the Local Government Act 1993 , make an order suspending a council’s authority to exercise all or specified functions of a certifying authority.

(3) A council must comply with an order under this section that relates to the council.

(4) Despite any other provision of this Act, a council that is the subject of an order must not exercise any function of a certifying authority while the council’s authority to exercise that function is suspended by operation of the order.

(5) An order does not operate to suspend a council’s authority to exercise the functions of a certifying authority in relation to any matter being dealt with by the council as a certifying authority before the commencement of the order, unless the order provides otherwise.

(6) An order may contain provisions of a savings or transitional nature consequent on the suspension contained in the order.

(7) Without limiting subsection (6), an order may contain provisions for or with respect to the following:

(a) the way in which any pending matter being dealt with by the relevant council as a certifying authority is to be completed, including, for example, enabling the council to complete any such matter or providing for the matter to be completed by an accredited certifier,

(b) directing any fee paid to the council to act as a certifying authority in relation to any pending matter to be refunded,

(c) directing the council to pay any fees required to be paid to an accredited certifier to complete any pending matter being dealt with by the council as a certifying authority.

(8) The Minister must revoke an order if satisfied that the relevant council has implemented measures to address the matters that led to the making of the order.

(9) Nothing prevents the Minister from amending an order made under this section by another order, including amending the first order to change the functions of a certifying authority to which the first order relates.

(10) An order under this section must be in writing and published in the Gazette and takes effect on the day on which it is published in the Gazette or on a later day specified in the order.

(11) Section 109E (1AA) does not require a council to accept an appointment as principal certifying authority if the council would contravene subsection (4) by accepting the appointment.

(12) An order under this section may be made whether or not any action has been taken by the Minister under section 118 in relation to the exercise of all or any of the functions of the council concerned.