New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 162AA

162AA Provision of information to replacement principal certifiers

(1) This clause applies when a principal certifier (
"the new principal certifier" ) has been appointed to replace another principal certifier (
"the old principal certifier" ).

(2) The new principal certifier may request the Registration Authority in writing to give a direction under this clause if the new principal certifier is unable to obtain the prescribed information from the old principal certifier in relation to the matter for which the new principal certifier has been appointed.

(3) The Registration Authority may give a direction in writing to any of the following persons to provide the prescribed information, or a copy of that information, to the new principal certifier within the period specified in the notice--

(a) the old principal certifier,

(b) a person whom the Registration Authority reasonably believes has possession of that information.

(4) A person must not, without reasonable excuse, fail to comply with a direction given to the person by the Registration Authority under this clause.

(5) It is not a reasonable excuse for the purposes of subclause (4) that any person has a claim to a lien over any document or record that is prescribed information or any other right to keep such a document or record as security for payment.

(6) In this clause,
"prescribed information" means the following--

(a) if the old principal certifier is not a council, the documents and records required to be kept under section 60 of the Building Professionals Act 2005 by an accreditation holder, or required to be kept under the Building and Development Certifiers Act 2018 by a registration holder, in relation to the matter concerned,

(b) if the old principal certifier is a council, the information required to be provided to the Registration Authority under section 74B of the Building Professionals Act 2005 , or under a provision of the Building and Development Certifiers Act 2018 , in relation to the person who performed the certification work concerned on behalf of the council and the records required to be kept under that section or provisions by the council in relation to the matter concerned.