80GChange of, or referral to, other planning certifiers

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.