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Events and news - April 2009

Recent Administrative Decisions Tribunal finding

The Administrative Decisions Tribunal recently delivered a decision emphasising the nature and role performed by accredited certifiers, together with the expectations that members of the public are entitled to hold of them in the discharge of their functions as accredited certifiers whilst performing such an important position of public trust.

The case involved an application by a former accredited certifier to the ADT for the review of an earlier decision made by the Board to cancel his certificate of accreditation. In cancelling his certificate of accreditation and opposing the application for review, the Board relied upon the former certifier's deceptive and improper conduct to establish that he was not a fit and proper person to hold a certificate of accreditation.

A complete copy of the Reasons for Decision published by the ADT in this matter can be accessed here:

Complying development - changes to Conveyancing Regulation, and guide to post-determination notification

A planning circular relating to complying development was issued on 17 April 2009 to advise on changes to the Conveyancing (Sale of Land) Regulation 2005 and to clarify post-determination notification requirements.

The regulation amendment on 3 April 2009 makes clear that a `limited' section 149 (2) certificate (issued under the Environmental Planning and Assessment Act 1979) containing only information relating to complying development is not a section 149 (2) certificate for the purposes of the conveyancing.

The Circular is available at

http://www.planning.nsw.gov.au/planningsystem/pdf/ps09_012_complyingdevt_conveyancing.pdf

Amendments to the Building Professionals Board Accreditation Scheme

The amendments to the Building Professionals Board Accreditation Scheme which commenced on 20 March 2009 have now been included the Building Professionals Board Accreditation Scheme (details of the amendments are provided here)

 
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