New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 107

107 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subsection (1), the regulations may make provision with respect to the following--

(a) the qualifications, skills and experience required for registration, including the approval of training and the approval of persons to conduct the training or to assess persons undergoing the training,

(b) continuing professional development requirements for registered practitioners,

(c) the particulars relating to regulated designs and compliance declarations that must be recorded, and the form and manner in which they must be recorded,

(d) the keeping of records and the provision of information to the Secretary by practitioners with respect to preparation of regulated designs, building work, professional engineering work or specialist work and compliance declarations,

(e) the lodging of copies of designs and compliance declarations electronically or otherwise with the Department or another person approved by the Minister,

(f) notice to registered practitioners of matters affecting the circumstances when compliance declarations are to be provided,

(g) the fees payable under this Act or the regulations and the refund, reduction or waiver of any fees,

(h) the waiver, reduction, postponement or refund by the Secretary of fees payable or paid under this Act or the regulations,

(i) fees for the lodgment of documents on the NSW planning portal.

(3) Without limiting subsection (2)(a), the regulations may authorise the approval of training and persons under that paragraph to be done by order of the Secretary published in the Gazette.

(4) A regulation may apply, adopt or incorporate a publication as in force at a particular time or as in force from time to time.

(5) The regulations may exempt all persons or bodies, specified persons or bodies or classes of persons or bodies, or all work, specified work or classes of work, or all or specified registrations, from any specified provision of this Act, other than the insurance requirements under this Act.

(5A) The regulations may exempt all persons or bodies, specified persons or bodies or classes of persons or bodies, or all work, specified work or classes of work, or all or specified registrations--

(a) from the insurance requirements under this Act, and

(b) for a maximum period of 12 months.

(6) A regulation may create an offence punishable by a penalty not exceeding 200 penalty units in the case of a body corporate or 100 penalty units in any other case.