PART 5A - Planning Certifiers
Division 1 - Authorisation of planning certifiers
80B. Transitional applicants for authorisations
(1) A person may, within 6 months after the day on which this section commences, apply to the Minister for approval as a transitional applicant.
(2) The Minister, on receiving an application under subsection (1) , may, with the approval of the Commission, approve a person as a transitional applicant.
(3) The Minister may only approve a person as a transitional applicant if the person had, within the period of 5 years before the commencement of this section, at least 2 years' (whether or not continuous) practical experience in the assessment of whether uses or developments comply with the requirements of planning schemes or special planning orders.
80C. Authorisation of planning certifiers
(1) A person may apply to the Commission for authorisation as a planning certifier.
(2) An application under subsection (1) is to be –
(a) in the form, and the manner, approved by the Commission; and
(b) accompanied by the prescribed fee, if any.
(3) The Commission may require a person who has made an application under subsection (1) –
(a) to provide to the Commission further information requested by the Commission; and
(b) to verify by statutory declaration any information supplied to the Commission for the purposes of the application.
(4) The Commission may authorise as a planning certifier, or refuse to so authorise, a person who has made an application under subsection (1) .
(5) The Commission may only authorise a person under subsection (4) if the Commission is satisfied that the person –
(a) is competent to issue planning compliance certificates and permitted use or development certificates; and
(b) either –
(i) has the prescribed qualifications in planning and 2 years' (whether or not continuous) practical experience in the assessment of whether uses or developments comply with the requirements of planning schemes or special planning orders; or
(ii) is approved as a transitional applicant under section 80B ; and
(c) is covered, or is likely to be covered, by insurance that relates to the issue by the person of planning compliance certificates and permitted use or development certificates and that is, in the opinion of the Commission, adequate; and
(d) has complied with any or all of the requirements approved by the Commission for the purposes of this section; and
(e) has not made the application during a period, declared in accordance with section 80D(6) in a notice given under section 80D(2) , to be a period in which the person is disqualified from applying for an authorisation; and
(f) has complied with this Act and any requirements for professional development, and any code of conduct, that are prescribed under subsection (9) .
(6) An authorisation under subsection (4) is subject to the conditions and restrictions, if any, specified in the authorisation.
(7) A person to whom an authorisation under subsection (4) relates must not fail to comply with any condition or restriction specified in the authorisation.
Penalty: Fine not exceeding 400 penalty units.
(8) If the Commission refuses to grant an authorisation under subsection (4) , the Commission must provide the applicant with reasons for the refusal –
(a) within 3 months after receiving the application under subsection (1) to which the authorisation relates; or
(b) if the Commission has requested further information be provided in relation to the application, within 3 months after receiving the last information requested.
(9) The regulations may provide for the following:
(a) the duties of planning certifiers;
(b) a code of conduct for planning certifiers;
(c) the handling of complaints relating to the conduct of planning certifiers;
(d) audits to be conducted in relation to the performance of planning certifiers;
(e) requirements for planning certifiers to undertake professional development;
(f) other matters related to the functions and powers of planning certifiers and the issue of planning compliance certificates and permitted use or development certificates.
80D. Surrender, revocation and suspension of authorisation
(1) A person to whom an authorisation has been issued under section 80C may surrender the authorisation at any time.
(2) The Commission, by notice to a person to whom an authorisation has been issued under section 80C –
(a) may suspend the authorisation for the period specified in the notice; or
(b) may revoke the authorisation from the date on which the notice is given or a later date specified in the notice.
(3) The Commission may only suspend or revoke under subsection (2) a person's authorisation under section 80C if the Commission considers the person is no longer a person who may, in accordance with section 80C(5) , be authorised under section 80C .
(4) The Commission may only suspend or revoke under subsection (2) a person's authorisation under section 80C if –
(a) the Commission has given to the person a notice in writing specifying –
(i) that the Commission is proposing to suspend or revoke the authorisation; and
(ii) the reasons why the Commission is proposing to suspend or revoke the authorisation; and
(iii) that the person may, within the period of not less than 28 days specified in the notice, make written submissions to the Commission in relation to the proposal; and
(b) the Commission has considered any submissions that are made by the person within the period specified in the notice in accordance with paragraph (a)(iii) and that have not been withdrawn by the person; and
(c) the period specified in the notice in accordance with paragraph (a)(iii) has expired.
(5) The Commission must specify, in the notice under subsection (2) of the suspension or revocation of a person's authorisation under section 80C –
(a) the reasons for the revocation or suspension; and
(b) the person's right of appeal under .
80E. Variation and revocation of conditions and restrictions specified on authorisations
(1) The Commission, by notice to a person to whom an authorisation has been issued under section 80C –
(a) may specify in the authorisation a condition or restriction; or
(b) may vary a condition or restriction specified in the authorisation.
(2) The Commission may, under subsection (1) , only specify a condition or restriction in, or vary a condition or restriction specified in, an authorisation issued under section 80C to a person, if –
(a) the Commission has given a notice in writing to the person specifying –
(i) that the Commission is proposing to specify or vary the condition or restriction; and
(ii) the reasons why the Commission is proposing to specify or vary the condition or restriction; and
(iii) that the person may, within the period of not less than 28 days specified in the notice, make written submissions in relation to the proposal; and
(b) the Commission has considered any submissions that have been made by the person within the period specified in the notice in accordance with paragraph (a)(iii) and that have not been withdrawn by the person; and
(c) the period specified in the notice in accordance with paragraph (a)(iii) has expired.
(3) The Commission must specify in the notice under subsection (1) of the specification, or variation of a condition or restriction, in a person's authorisation under section 80C –
(a) the reasons for the specification or variation; and
(b) the person's right of appeal under subsection (7) .
(4) A person who is authorised under section 80C may apply to the Commission for a revocation or variation of a condition or restriction specified in the authorisation.
(5) The Commission, after receiving an application under subsection (4) from a person to whom an authorisation is issued under section 80C , may, by notice to the person, revoke or vary, or refuse to revoke or vary, a condition or restriction specified in the person's authorisation.
80F. Planning certifier must not issue false statement or act if conflict of duty
(1) A planning certifier must not issue –
(a) a planning compliance certificate; or
(b) a water and sewerage certificate; or
(c) a permitted use or development certificate –
that the planning certifier knows, or ought reasonably be expected to know, contains a statement that is false or misleading in a material particular.
Penalty: Fine not exceeding 100 penalty units.
(2) A planning certifier must not issue a planning compliance certificate, or a permitted use or development certificate, if the planning certifier has a direct or indirect pecuniary interest –
(a) in the person who has applied for the certificate to be issued; or
(b) in the development, or use, to which the application for the certificate relates; or
(c) in any person associated with the development, or use, to which the application for the certificate relates.
Penalty: Fine not exceeding 100 penalty units.
80G. Change of, or referral to, other planning certifiers
(1) A person must not engage a planning certifier to exercise a power relating to the issue of a planning compliance certificate, or a permitted use or development certificate, in respect of a use or development in respect of which another planning certifier has already exercised, refused to exercise or is taken to have refused to exercise, the power to issue such a certificate, unless the matter was referred by that other planning certifier.
Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or
(b) a body corporate, a fine not exceeding 500 penalty units.
(2) A planning certifier may refer a matter to another planning certifier to be dealt with by that other planning certifier, if the other planning certifier agrees.
(3) A person who engaged a planning certifier must not remove that planning certifier from that engagement without the consent of the Commission, given before the planning certifier has determined to issue, or to refuse to issue, a planning compliance certificate or a permitted use or development certificate.
Penalty: In the case of –
(a) a natural person, a fine not exceeding 100 penalty units; or
(b) a body corporate, a fine not exceeding 500 penalty units.
(4) If a planning certifier resigns from an engagement, dies or becomes incapable for any reason of exercising a power, relating to the issue of a planning compliance certificate, or a permitted use or development certificate, for which he or she was engaged, the person who engaged the planning certifier may, with the consent of the Commission, engage another planning certifier.
Division 2 - Rights and duties in relation to planning certifiers
80H. Planning certifier may charge for services
A planning certifier may charge a person, who makes an application for a planning compliance certificate, a permitted use or development certificate or a water and sewerage certificate, any amount the planning certifier thinks fit in relation to the application.
80I. Information to be provided to planning authorities
(1) If an application is made to a planning certifier for the issue of a planning compliance certificate or a permitted use or development certificate, the planning certifier must –
(a) as soon as practicable after the application is made, notify the planning authority in respect of the land to which the application relates of the identity of the person making the application and the development and use to which the application relates; and
(b) as soon as practicable after deciding to refuse, or not to proceed, to issue such a certificate in relation to the development or the use, notify of the decision the planning authority in respect of the land to which the application relates.
Penalty: Fine not exceeding 20 penalty units.
(2) A planning certifier, within 14 days after issuing a planning compliance certificate, must provide to the planning authority in respect of the land to which the certificate relates –
(a) a copy of the certificate; and
(b) any information or documents relied on by the person in issuing the certificate.
Penalty: Fine not exceeding 20 penalty units.