New South Wales Consolidated Acts

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 6.5

6.5 Functions of certifiers (including principal certifiers)

(cf previous s 109E)

(1) A certifier has the following functions in relation to building work--

(a) issuing construction certificates for building work,

(b) carrying out inspections of building work (but only if the certifier is the principal certifier or the inspection is carried out with the approval of the principal certifier),

(c) issuing occupation certificates (but only if the certifier is the principal certifier),

(d) issuing compliance certificates (but only if the certifier is the principal certifier when the certificate is an authorised alternative to an occupation certificate).

Note--: Section 6.27 requires a principal certifier who issues an occupation certificate to ensure that a building manual is provided to the owner of the building.

(2) A certifier has the following functions in relation to subdivision work--

(a) issuing subdivision works certificates for subdivision work,

(b) carrying out inspections of subdivision work (but only if the certifier is the principal certifier or the inspection is carried out with the approval of the principal certifier).

(3) A certifier has the function of issuing subdivision certificates (whether or not the subdivision involves subdivision works), but only if--

(a) the certifier is a council or is a registered certifier in a case in which an environmental planning instrument authorises a registered certifier to issue the certificate, and

(b) in the case of a subdivision that involves subdivision works--the certifier is the principal certifier.

(4) A certifier also has any other functions conferred or imposed on the certifier under this or any other Act.

Note--: A certifier has the function of issuing complying development certificates under Part 4.

(5) A certifier must not issue a certificate under this Part--

(a) in any case in which this part or Part 7 provides that the certificate is not to be issued, or

(b) in any case in which the function of issuing the certificate is not conferred on the certifier by this Part.

: Maximum penalty--Tier 3 monetary penalty.

(6) The Minister may provide guidance to certifiers on the exercise of their functions under this Part.