65Regulated work may be carried out if no accredited person is available

#### 65 Regulated work may be carried out if no accredited person is available 65 Regulated work may be carried out if no accredited person is available > > (1) For the purposes of section 120(4) of the Act, regulated work referred to in paragraph (a) or (b) may be carried out by a person other than a person who holds an accreditation that authorises the person to carry out the regulated work, if— > > > > > (a) in the case of the exercise of a function of an accredited practitioner (fire safety) under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 18, 22 or 74 or the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 137 or 147—the relevant registered certifier or principal certifier certifies in writing (a competency certificate) that in the reasonable opinion of the certifier the person is competent to carry out the regulated work, or > > > > > (b) in the case of the exercise of a function of an accredited practitioner (fire safety) under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), Part 12—the relevant building owner certifies in writing that in the reasonable opinion of the owner the person is competent to carry out the regulated work. > > > (2) The making of a competency certificate by a registered certifier is certification work and the competency certificate is required to be retained as a record by the registered certifier in accordance with Division 1 of Part 7. > > > (3) For the purposes of section 120(4) of the Act, regulated work may be carried out by a particular appropriate person if— > > > > > (a) the Secretary is satisfied that there is no person reasonably available who holds an accreditation that authorises the person to carry out the regulated work, and > > > > > (b) the Secretary— > > > > > > > (i) in writing, authorises a particular building owner, registered certifier or principal certifier to appoint an appropriate person to carry out the regulated work, or > > > > > > > (ii) by notice in the Gazette, authorises a class of building owners, registered certifiers or principal certifiers to appoint an appropriate person to carry out regulated work of that kind, and > > > > > (c) a building owner or certifier who is so authorised, appoints the particular appropriate person in accordance with the authorisation. > > > (4) A reference in this clause to accreditation is taken to include a reference to registration when used in relation to regulated work that may be carried out by a registered certifier. > > > (5) In this clause— > > > > appropriate person means a person other than an accredited person who, in the reasonable opinion of the relevant building owner, principal certifier or registered certifier, is competent to carry out the regulated work. > > **cl 65:** Am 2022 (781), Sch 1\[13\] \[14\]