68Replacement of principal certifiers

#### 68 Replacement of principal certifiers 68 Replacement of principal certifiers > > (1) A person may be appointed to replace another person as the principal certifier for building work or subdivision work only if— > > > > > (a) the Registration Secretary gives written approval and the relevant council and consent authority are notified before the replacement occurs, or > > > > > (b) the current principal certifier, the proposed principal certifier and a person who is eligible to appoint a principal certifier for the work agree. > > > (2) An application to the Registration Secretary for approval, and a notification to the council and consent authority, under subsection (1)(a) must be— > > > > > (a) accompanied by the fee, if any, prescribed by the regulations under the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063), and > > > > > (b) in a form approved by the Registration Secretary. > > > (3) A person appointed to replace another person as the principal certifier may exercise the functions of a principal certifier only if subsection (1) has been complied with. > > > (4) If the Registration Secretary approves the appointment of the relevant council to replace another person as the principal certifier under subsection (1)(a), the council must accept the appointment. > > > (5) A principal certifier appointed to replace another certifier under subsection (1)(b) must ensure that notice of the appointment is, within 2 days after the appointment, given to— > > > > > (a) the consent authority, and > > > > > (b) if the consent authority is not the council—the council. > > > (6) A notice given under subsection (5) must— > > > > > (a) contain the following information— > > > > > > > (i) the information required under section 57(1), > > > > > > > (ii) the name of the current principal certifier who has been replaced, > > > > > > > (iii) a statement that the current principal certifier agreed to be replaced, and > > > > > (b) be lodged on the NSW planning portal. > > > (7) A person is not required to give a notice under subsection (5) to a person who has agreed to, or been notified of, the proposed appointment. > > Maximum penalty (subsections (3) and (5))— > > > (a) for a corporation—300 penalty units, or > > > (b) for an individual—150 penalty units.