Building and Development Certifiers Regulation 2020 (2020-78) (NSW)

Building and Development Certifiers Regulation 2020

Part 1 Preliminary

1 Name of Regulation This Regulation is the Building and Development Certifiers Regulation 2020.

2 Commencement This Regulation commences on the commencement of the Building and Development Certifiers Act 2018 and is required to be published on the NSW legislation website.

3 Definitions (1) In this Regulation— Building Code of Australia has the same meaning as in the Environmental Planning and Assessment Act 1979. business day means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales. class 1 building means a class 1a building or a class 1b building within the meaning of the Building Code of Australia. class 10 building means a class 10a building, a class 10b building or a class 10c building within the meaning of the Building Code of Australia. fee unit—see Part 2 of Schedule 6. relevant certificate means the following certificates under the Environmental Planning and Assessment Act 1979— (a) a complying development certificate, (b) a certificate referred to in section 6.4 of that Act. strata certificate has the same meaning as in the Strata Schemes Development Act 2015. the Act means the Building and Development Certifiers Act 2018.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

Part 2 Registration of certifiers

4 Recognised training (1) For the purposes of section 120(2)(a) of the Act, the Secretary may require an applicant for registration to have successfully completed recognised training. (2) Training is recognised training for the purposes of this clause if the training is recognised by the Secretary and is conducted in accordance with any conditions to which that recognition may be subject. (3) A person may apply in writing to the Secretary for training to be recognised by the Secretary. (4) The Secretary may, by notice in writing to the person, recognise the training or refuse to recognise the training. (5) The recognition may be unconditional or subject to conditions. (6) The Secretary may vary, suspend or revoke a recognition by notice in writing to the person. (7) Completion of recognised training under this clause does not replace the need for the applicant to have the qualifications, skills, knowledge and experience required by Schedules 2 and 3.