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In late 2007, a discussion paper (Improving the NSW Planning System) was released with a range of recommendations including 17 directly related to certification. In March 2008, the Building Professionals (Amendments) Bill was released for public comment. The Environmental Planning and Assessment Amendment Act 2008 and the Building Professionals Amendment Act 2008 (the "Amendment Acts") were assented to on 25 June 2008. Most of the provisions in the Amendment Acts will be commenced in stages over the next 12 months as necessary regulations, guidelines and changes to the accreditation scheme are prepared. Reform | Details | Relevant legislation | Date of commencement | Further information | Enforcement matters | | EP&A Amendment Act 2008 BP Amendment Act 2008 Building Professionals Amendment (Inspections & Penalty Notices) Regulation 2009 | 2 March 2009 | Circular PS 09-003 | New inspection requirements | | EP&A Amendment Act 2008 BP Amendment Act 2008 Building Professionals Amendment (Inspections & Penalty Notices) Regulation 2009 | 2 March 2009 | Circular PS 09-002 | Accredited bodies corporate | Enables the accreditation of bodies corporate as accredited certifiers (certification companies) Create offences for the accredited body corporate and its employed accredited certifiers Prescribe circumstances where the Board may refuse to issue a certificate of accreditation Prescribe record keeping requirements Prescribe events which are to be notified to the Board - Set out disciplinary powers of the Board
| EP&A Amendment Act 2008 BP Amendment Act 2008 Building Professionals Amendment (Accredited Bodies Corporate) Regulation 2008 | 3 November 2008 | Circular PS 08-011 | Certain certification matters | Notice of commencement of work Changing the PCA Form of certificates Form of records for mandatory inspections The fee for a building certificate Investigation of councils as certifying authorities - Action that may be taken against a council following investigation
| EP&A Amendment Act 2008 BP Amendment Act 2008 Environmental Planning and Assessment Amendment Further Amendment Regulation 2008 | 3 November 2008 | Circular PS 08-010 | Commencement of further provisions of the Environmental Planning and Assessment Act 2008 | Appointment of principal certifying authorities (two PCAs for developments involving both building and subdivision works). Power of authorised persons to require answers and record evidence Applications to be made by only the person who is eligible to appoint the PCA. - Additional fees for building certificates
| EP&A Amendment Act 2008 BP Amendment Act 2008 Environmental Planning and Assessment Amendment (Savings and Transitional) Regulation 2008 | 1 September 2008 | Circular PS 08-008 | Certain provisions of the EP&A Amendment Act 2008 and the BP Amendment Act 2008 | Increased penalties Clarifying building or subdivision actions Records of missed inspections Changes allowing urgent action to be taken by the Board against a certifier Improved processes relating to disciplinary matters - Increased powers of the Board- fines up to $110,000, suspend or cancel accreditation without referral to the Administrative Decisions Tribunal (ADT).
| EP&A Amendment Act 2008 BP Amendment Act 2008 | 1 August 2008 | Circular PS 08-006 |
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