BUILDING ACT 2004 - SECT 57 Decision on application by other than land owner

BUILDING ACT 2004 - SECT 57

    (1)     This section applies if—

        (a)     a person has made an application under section 56 in relation to a stop notice; and

        (b)     the construction occupations registrar has given the owner of the parcel of land to which the stop notice relates a copy of the application and the information required under section 56 (3) (b); and

        (c)     either—

              (i)     the owner has told the registrar in writing that the owner does not object to cancellation of the stop notice; or

              (ii)     the 2-week period for making written comments on the merits of the application has ended.

    (2)     Before making a decision on the application, the construction occupations registrar must consider—

        (a)     the application; and

        (b)     the reasons why the stop notice was given; and

        (c)     any written comments from the owner given to the registrar within the 2-week period; and

        (d)     the current state of the building work to which the notice relates.

    (3)     The construction occupations registrar may cancel the stop notice if satisfied that the cancellation will not endanger the public or people who will use the building on which the building work is being, or is to be, done or affect public confidence about the standard of building work in the ACT.

    (4)     To remove any doubt, the cancellation of a stop notice ends the suspension of any building approval suspended because of the stop notice.

Note     A stop notice automatically suspends a building approval (see s 53 (3)).