NSW Hendry advises that some clients do not fully understand the definition of various authorities under NSW legislation. The following is a brief explanation of definitions pertaining to:
- Environmental Planning and Assessment Act 1979 (EPAA);
- Environmental Planning and Assessment Regulations 2000 (EPAR)
- Building Professionals Act 2005 (BPA); and
- Building Professionals Regulation 2007 (BPR)
/ CERTIFYING AUTHORITY
The EPAA empowers two types of certifying authorities who are capable of issuing certificates such as construction certificates, complying development certificates, occupation certificates etc. under Part 4A of the EPAA. These are:
- Consent authority
- Accredited certifier
/ CONSENT AUTHORITY
The term consent authority (in general) has been adopted in the EPAA and the EPAR in reference to NSW local councils and NSW Planning and Environment (NSWP&E).
The Councils are responsible for the approval (or otherwise) of all development applications within their boundaries required to be submitted under the EPAA, with NSWP&E acting as consent authority for all NSW ‘state significant’ development.
/ ACCREDITED CERTIFIERS
Accredited certifiers are those individuals who have been accredited by the Building Professionals Board as A1, A2, or A3 Accredited Certifiers. Local council building surveyors are also accredited certifiers. Accredited certifiers are able to issue the certificates under the EPAA, e.g. construction/occupation/compliance and complying development certificate.