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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 162 Replacement of principal certifier

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 162

Replacement of principal certifier

162 Replacement of principal certifier

(1) In this clause and in clause 162AA--


"Registration Authority" means the Building Professionals Board or, following the commencement of the Building and Development Certifiers Act 2018 , the Secretary within the meaning of that Act.
(2) A person may not be appointed to replace another person as the principal certifier for building work or subdivision work unless--
(a) the Registration Authority so approves in writing and the relevant council and consent authority are notified before the replacement occurs, or
(b) the current principal certifier, the proposed principal certifier and a person who is eligible to appoint a principal certifier for the work agree.
(3) An application to the Registration Authority for approval under subclause (2), or a notification under that subclause, is to be accompanied by the fee (if any) prescribed by the regulations under the Building Professionals Act 2005 or the Building and Development Certifiers Act 2018 and is to be in a form approved by that Authority.
(4) If the Registration Authority approves the appointment of the relevant council to replace another person as the principal certifier under subclause (2)(a), the council must accept that appointment.
(5) A principal certifier for building work or subdivision work appointed to replace another certifier for the work must ensure that notice of the appointment and of the approval of that appointment is given to the consent authority (and, if the consent authority is not the council, to the council) within 2 days after the appointment.
(6) Clause 103 applies to a notice given for the purposes of this clause in the same way as it applies to a notice given for the purposes of section 6.6(2)(a) or 6.12(2)(a) of the Act.
(7) In addition to the information required by subclause (6) to be included in a notice under this clause, the following information is to be included--
(a) the name of the former certifier who has been replaced,
(b) a statement that the former certifier agreed to be replaced.
(8) A person is not required to give a notice under this clause to a person who has agreed to, or been notified of, the proposed appointment.