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Government Gazette of the STATE of NEW SOUTH WALES Number 147 Friday, 14 November 2008 Published Under Authority by Government Advertising

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Government Gazette of the STATE of NEW SOUTH WALES Number 147 Friday, 14 November 2008 Published Under Authority by Government Advertising 10927 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 147 Friday, 14 November 2008 Published under authority by Government Advertising LEGISLATION Assents to Acts ACTS OF PARLIAMENT ASSENTED TO Legislative Assembly Offi ce, Sydney 5 November 2008 IT is hereby notifi ed, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Acts passed by the Legislative Assembly and Legislative Council of New South Wales in Parliament assembled, viz.: Act No. 78 2008 – An Act to amend the Children and Young Persons (Care and Protection) Act 1998 relating to body piercing and tattooing of children and young persons. [Children and Young Persons (Care and Protection) Amendment (Body Piercing and Tattooing) Bill]. Act No. 79 2008 – An Act to amend the Mental Health (Criminal Procedure) Act 1990 and the Mental Health Act 2007 with respect to the care, treatment, control and release of forensic patients and patients transferred from correctional centres and the functions of the Mental Health Review Tribunal; and for other purposes. [Mental Health Legislation Amendment (Forensic Provisions) Bill]. Act No. 80 2008 – An Act to make provision with respect to vexatious proceedings in the courts and tribunals of the State. [Vexatious Proceedings Bill]. Act No. 81 2008 – An Act to amend the Crimes (Sentencing Procedure) Act 1999 to make further provision with respect to victim impact statements. [Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Bill]. Act No. 82 2008 – An Act to amend the Road Transport (Driver Licensing) Act 1998 and various regulations with respect to the demerit points system applying to New South Wales drivers. [Road Transport (Driver Licensing) Amendment (Demerit Points System) Bill]. Act No. 83 2008 – An Act to amend the Tow Truck Industry Act 1998 to make further provision in relation to tow truck operators licences, drivers certifi cates and the regulation of the tow truck industry. [Tow Truck Industry Amendment Bill]. RUSSELL D. GROVE, PSM, Clerk of the Legislative Assembly ACTS OF PARLIAMENT ASSENTED TO Legislative Council Offi ce Sydney 5 November 2008 IT is hereby notifi ed, for general information, that Her Excellency the Governor has, in the name and on behalf of Her Majesty, this day assented to the undermentioned Act passed by the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, viz.: Act No. 84, 2008 – An Act to amend the Civil Liability Act 2002 and other Acts to make further provision in respect of offender damages, victim claims, indexation of damages, and damages for gratuitous attendant care services. [Civil Liability Legislation Amendment Act 2008]. LYNN LOVELOCK, Clerk of the Parliaments 10928 LEGISLATION 14 November 2008 Proclamations New South Wales Commencement Proclamation under the Administrative Decisions Tribunal Amendment Act 2008 No 77 JAMES JACOB SPIGELMAN,, Lieutenant-GovernorLieutenant-Governor I, the Honourable James Jacob Spigelman AC, Lieutenant-Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 (1) of the Administrative Decisions Tribunal Amendment Act 2008, do, by this my Proclamation, appoint 17 November 2008 as the day on which Schedule 1 [47]–[51] and [54] to that Act commence. Signed and sealed at Sydney, thisthis 14th day of November day of November 2008. 2008. By His Excellency’s Command, JOHN HATZISTERGOS, M.L.C., L.S. AttorneyAttorney General General GOD SAVE THE QUEEN! Explanatory note The object of this Proclamation is to commence provisions of Administrative Decisions Tribunal Amendment Act 2008 that amend the Administrative Decisions Tribunal Act 1997: (a) to provide for the allocation of certain senior judicial members to the Legal Services Division of the Tribunal, and (b) to enable a senior judicial member of the Legal Services Division to participate in and preside over certain disciplinary proceedings allocated to the Division, and (c) to make other amendments in the nature of statute law revision relating to the Legal Services Division, and s2008-432-94.d03 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10929 Commencement Proclamation Explanatory note (d) to enable a member or former member of the Tribunal to complete an unfinished matter even if he or she ceases to have a requisite qualification to deal with the matter (other than for certain disciplinary reasons). Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10930 LEGISLATION 14 November 2008 Regulations New South Wales Building Professionals Amendment (Reports) Regulation 2008 under the Building Professionals Act 2005 His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Building Professionals Act 2005. KRISTINA KENEALLY, M.P., Minister for Planning Explanatory note The object of this Regulation is to require an accredited certifier to cause copies of any written report made by the accredited certifier under clause 130 (2A) (b), 144A (1) (b) or 153A (1) (b) of the Environmental Planning and Assessment Regulation 2000 to be kept at his or her business premises, or in another secure place, at all times. This Regulation is made under the Building Professionals Act 2005, including sections 60 (1) and 94 (the general regulation-making power). s2008-345-31.d06 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10931 Clause 1 Building Professionals Amendment (Reports) Regulation 2008 Building Professionals Amendment (Reports) Regulation 2008 under the Building Professionals Act 2005 1 Name of Regulation This Regulation is the Building Professionals Amendment (Reports) Regulation 2008. 2 Amendment of Building Professionals Regulation 2007 The Building Professionals Regulation 2007 is amended by inserting the following after clause 8 (1) (j): (j1) any written report made by the accredited certifier under clause 130 (2A) (b), 144A (1) (b) or 153A (1) (b) of the Environmental Planning and Assessment Regulation 2000, Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10932 LEGISLATION 14 November 2008 New South Wales Environmental Planning and Assessment Amendment (Reports) Regulation 2008 under the Environmental Planning and Assessment Act 1979 His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Environmental Planning and Assessment Act 1979. KRISTINA KENEALLY, M.P., Minister for Planning Explanatory note Currently under the Environmental Planning and Assessment Regulation 2000, a certifying authority is required to obtain a compliance certificate from a person holding Category C10 accreditation under the Building Professionals Act 2005 (a fire safety engineer) before issuing a complying development certificate, construction certificate or occupation certificate for a building or building work involving an alternative solution under the Building Code of Australia in respect of fire safety requirements. The object of this Regulation is to provide that, as an alternative to obtaining a compliance certificate, a certifying authority may instead obtain a written report from a fire safety engineer that includes a statement that: (a) the alternative solution complies with the relevant performance requirements of the Building Code of Australia (if the report relates to the issuing of a complying development certificate or construction certificate), or (b) the building work relating to the alternative solution has been completed and is consistent with that alternative solution (if the report relates to the issuing of an occupation certificate). A fire safety engineer may issue any such written report in respect of an alternative solution prepared by the engineer and may issue a report that relates to the issuing of an occupation certificate even if the engineer also issued a report relating to the issuing of a complying development certificate or construction certificate in respect of the work. This Regulation also makes amendments by way of law revision. This Regulation is made under the Environmental Planning and Assessment Act 1979, including sections 81A, 85, 109H and 157 (the general regulation-making power). s2008-338-31.d07 Page 1 NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 14 November 2008 LEGISLATION 10933 Environmental Planning and Assessment Amendment (Reports) Regulation Clause 1 2008 Environmental Planning and Assessment Amendment (Reports) Regulation 2008 under the Environmental Planning and Assessment Act 1979 1 Name of Regulation This Regulation is the Environmental Planning and Assessment Amendment (Reports) Regulation 2008. 2 Amendment of Environmental Planning and Assessment Regulation 2000 The Environmental Planning and Assessment Regulation 2000 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 147 10934 LEGISLATION 14 November 2008 Environmental Planning and Assessment Amendment (Reports) Regulation 2008 Amendments Schedule 1 Schedule 1 Amendments (Clause 2) [1] Clause 3 Definitions Insert in alphabetical order in clause 3 (1): fire safety engineer means a person holding Category C10 accreditation under the Building Professionals Act 2005. [2] Clause 130 Procedure for determining application for complying development certificate Omit clause 130 (2A). Insert instead: (2A) A certifying authority must not issue a complying development certificate for building work that
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