559 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 29 Friday, 6 February 2009 Published under authority by Government Advertising LEGISLATION Announcement Online notification of the making of statutory instruments Following the commencement of the remaining provisions of the Interpretation Amendment Act 2006, the following statutory instruments are to be notified on the official NSW legislation website (www.legislation.nsw.gov.au) instead of being published in the Gazette: (a) all environmental planning instruments, on and from 26 January 2009, (b) all statutory instruments drafted by the Parliamentary Counsel’s Office and made by the Governor (mainly regulations and commencement proclamations) and court rules, on and from 2 March 2009. Instruments for notification on the website are to be sent via email to [email protected] or fax (02) 9232 4796 to the Parliamentary Counsel's Office. These instruments will be listed on the “Notification” page of the NSW legislation website and will be published as part of the permanent “As Made” collection on the website and also delivered to subscribers to the weekly email service. Principal statutory instruments also appear in the “In Force” collection where they are maintained in an up-to-date consolidated form. Notified instruments will also be listed in the Gazette for the week following notification. For further information about the new notification process contact the Parliamentary Counsel’s Office on (02) 9321 3333. 560 LEGISLATION 6 February 2009 Proclamations New South Wales Proclamation under the Brigalow and Nandewar Community Conservation Area Act 2005 MARIE BASHIR,, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 16 (1) of the Brigalow and Nandewar Community Conservation Area Act 2005, do, by this my Proclamation, amend that Act as set out in Schedule 1. Signed and sealed at Sydney, thisthis 14th day of Januaryday of 2009. 2008. By Her Excellency’s Command, CARMEL TEBBUTT, M.P., L.S. MinisterMinister forfor ClimateClimate ChangeChange andand thethe EnvironmentEnvironment GOD SAVE THE QUEEN! Explanatory note The Brigalow and Nandewar Community Conservation Area Act 2005 (the Act) created a Community Conservation Area made up of certain forested land, as described in the Act, in the Brigalow and Nandewar area to provide for the permanent conservation of that land and for other purposes. Under section 16 (1) of the Act, descriptions of land to be included in the Community Conservation Area may be added to the Act by proclamation. The object of this Proclamation is to add descriptions of land in Part 4 of Schedule 1 to the Act (Zone 1— Conservation and recreation) and Part 3 of Schedule 3 to the Act (Zone 3—Conservation, recreation and mineral extraction). Those Parts do not currently contain any descriptions of land. s2008-241-04.d04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 29 6 February 2009 LEGISLATION 561 Proclamation Schedule 1 Amendments Schedule 1 Amendments [1] Schedule 1 Zone 1—Conservation and recreation Omit Part 4. Insert instead: Part 4 Future additions to Zone 1 29 Community Conservation Area Zone 1 Yarrobil An area of about 524.3 hectares, being Lot 4, DP 1112933, Lot 34, DP 754329 and Lot 148, DP 750780 in the local government areas of Warrumbungle and Mid-Western Regional, Parishes of Tuckland and Yarrobil, Counties of Lincoln and Bligh. 30 Community Conservation Area Zone 1 Dthinna Dthinnawan An area of about 2,044 hectares, being Lots 3, 4, 9, 10, 11 and 12, DP 750084 in the local government area of Inverell, Parish of Cox, County of Arrawatta. 31 Community Conservation Area Zone 1 Gwydir River An area of about 1,126 hectares, being Lot 5, DP 754837 and Lot 101, DP 1115339 in the local government area of Gwydir, Parishes of Furber and Munro, County of Murchison. [2] Schedule 3 Zone 3—Conservation, recreation and mineral extraction Omit Part 3. Insert instead: Part 3 Future additions to Zone 3 21 Community Conservation Area Zone 3 Pilliga West An area of about 1,655 hectares, being Lot 1, DP 750281, Lots 7 and 20, DP 750315 and Lot 137, DP 721754 in the local government area of Narrabri, County of Baradine, Parishes of Wangan and Gwabegar. 22 Community Conservation Area Zone 3 Durridgere An area of about 181 hectares, being: (a) Lot 171, DP 728768, and (b) Lots 23 and 24, DP 750769 (excluding roads), and Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 29 562 LEGISLATION 6 February 2009 Proclamation Amendments Schedule 1 (c) land bounded by Lot 89, DP 750748, end of road, Lot 171, DP 728768, end of road, Lot 107, DP 750748, Crown road east of Lot 153, DP 750748, Lot 146, DP 750748 and Lot 145, DP 750748, in the local government areas of Upper Hunter and Mid-Western Regional, Parishes of Curryall and Tomimbil and County of Bligh. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 29 6 February 2009 LEGISLATION 563 New South Wales Commencement Proclamation under the Environmental Planning and Assessment Amendment Act 2008 No 36 MARIE BASHIR,, Governor Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Environmental Planning and Assessment Amendment Act 2008, do, by this my Proclamation, appoint 2 March 2009 as the day on which the following provisions of that Act commence: (a) Schedule 4.1 [27] and [29], (b) Schedule 4.2 [1], [3], [8], [9] and [10]. Signed and sealed at Sydney, thisthis 4th day of Februaryday of 2009. 2009. By Her Excellency’s Command, KRISTINA KENEALLY, M.P., L.S. MinisterMinister forfor PlanningPlanning GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence certain provisions of the Environmental Planning and Assessment Amendment Act 2008 that deal with the following: (a) enabling the issuing of orders under section 121B of the Environmental Planning and Assessment Act 1979 for the cessation of building work or subdivision work where provisions of that Act are being contravened or the work affects the support of adjoining premises, (b) requiring certain inspections to be carried out before the issue of a complying development certificate or construction certificate, s2008-385-06.d04 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 29 564 LEGISLATION 6 February 2009 Commencement Proclamation Explanatory note (c) removing the requirement to carry out certain inspections in relation to development and imposing new requirements for certain inspections in relation to the carrying out of development for the purpose of a swimming pool and in relation to the erection of certain buildings. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 29 6 February 2009 LEGISLATION 565 Regulations New South Wales Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009 under the Building Professionals Act 2005 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Building Professionals Act 2005. KRISTINA KENEALLY, M.P., MinisterMinister forfor PlanningPlanning Explanatory note The object of this Regulation is to amend the Building Professionals Regulation 2007: (a) to authorise persons holding certain categories of accreditation to carry out certain inspections under the Environmental Planning and Assessment Act 1979, Strata Schemes (Freehold Development) Act 1973 and the Strata Schemes (Leasehold Development) Act 1986 as a consequence of the enactment of the Environmental Planning and Assessment Amendment Act 2008, and (b) to require records to be kept by accredited certifiers of certain inspections carried out under the Environmental Planning and Assessment Act 1979, and (c) to prescribe certain offences against the Building Professionals Act 2005 as penalty notice offences. This Regulation is made under the Building Professionals Act 2005, including sections 60, 92 and 94 (the general regulation making power). s2008-361-25.d07 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 29 566 LEGISLATION 6 February 2009 Building Professionals Amendment (Inspections and Penalty Notices) Clause 1 Regulation 2009 Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009 under the Building Professionals Act 2005 1 Name of Regulation This Regulation is the Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009. 2 Commencement This Regulation commences on 2 March 2009. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 29 6 February 2009 LEGISLATION 567 Building Professionals Amendment (Inspections and Penalty Notices) Regulation 2009 Amendment of Building Professionals Regulation 2007 Schedule 1 Schedule 1 Amendment of Building Professionals Regulation 2007 [1] Clause 8 Record keeping by accredited certifiers Insert “129C, 143C or” after “clause” in clause 8 (1) (h). [2] Schedule 1 Categories of certificates of accreditation Insert after “Environmental Planning and Assessment Act 1979” in Column 2 of the matter relating to Category A1 in Part 1: Carrying out of inspections under clauses 129B and 143B of the Environmental Planning and Assessment Regulation 2000. [3] Schedule 1, Part 1 Insert after “1 March 2009” wherever occurring in Column 2 of the matter relating to Category A2 and Category A3: Carrying out of inspections under clauses 129B and 143B of the Environmental Planning and Assessment Regulation 2000. [4] Schedule 1, Part 1 Insert after “subdivision certificates.” in Column 2