EP & A Act (NSW)
1. The Law
The Environmental Planning and Assessment Act 1979 (NSW) [EP&A Act] was amended in December 1997 to streamline the building and subdivision development certification process and to facilitate participation by individual professionals employed in the private sector who are accredited under an authorised Accreditation Scheme. The EP&A Act is to be amended again to remove the ability of professional organisation to apply for authorisation.
The Building Professionals Act 2005 was proclaimed on 25 January 2007.
Appointments to the Building Professionals Board (BPB) and the gazettal of the Building Professionals Regualtions 2007 were also announced on the Board's web on 25 January 2007. The BPB has also issued a Bulletin that sets out the commencement of the Building Professionals Act and its Regulation.
The Strata Schemes (Frehold Development) Act 1973 in Section 37A and the Strata Schemes (Leasehold Development) Act 1986 in Section 66A also permit accredited certifiers to issue strata certificates.
2. The Authorised Scheme
The Institution of Engineers Australia (Engineers Australia), was authorised by the NSW Minister for Planning by Gazette in December 2000 as an Accreditation Body under the EP&A Act to accredit qualified persons to provide building and subdivision certification. The authorisation will cease on 1 March 2007.
The Building Professionals Board Accreditation Scheme has been gazetted. Engineers are referred in particular to Clause 12.1 and 12.3. Engineers Australia is strongly opposed to the inclusion of Clause 12.4 and will be lobbying for its removal before 1 March 2009.
3. Development Assessment Guidelines
The NSW Planning Department has provided a comprehensive set of guidelines and further information on its web site. To access the material, click on "The Planning System" at the top of the screen and select "Improving Practice" from the drop-down menu.
If it becomes necessary to appoint a person replace another person as a principal certifying authority on a development , follow the Building Professionals Board's guidelines on how to replace a principal certifying authority.
