Australian Capital Territory Consolidated Regulations

BUILDING (GENERAL) REGULATION 2008 - REG 49

    (1)     A certifier who is a person commits an offence if—

        (a)     the certifier issues a building approval, or approves amended plans, for the building of a single dwelling on a block; and

        (b)     the dwelling will be the first dwelling built on the block; and

        (c)     there is no development approval for the site work proposed in the approved plans; and

Note     Approved plans includes amended plans (see Act, dict).

        (d)     the dwelling would not, if built in accordance with the approved plans, comply with—

              (i)     a relevant precinct code; or

              (ii)     to the extent that it is not inconsistent with the rules in a relevant precinct code—an applicable rule.

Maximum penalty: 10 penalty units.

Note     Applicable rule— see s (8). See also s (6).

    (2)     A certifier who is a person commits an offence if—

        (a)     the certifier issues a building approval, or approves amended plans, for the building of a single dwelling on a block; and

        (b)     the dwelling will be the first dwelling built on the block; and

        (c)     there is no development approval for the site work proposed in the approved plans; and

Note     Approved plans includes amended plans (see Act, dict).

        (d)     the approved plans are defective because they contain information that is false or inaccurate; and

        (e)     if the plans were not defective, the certifier would have contravened subsection (1).

Maximum penalty: 10 penalty units.

    (3)     It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves that the defendant—

        (a)     took all reasonable steps to find out whether the site work, if carried out in accordance with the approved plans, required development approval; and

        (b)     was satisfied on reasonable grounds that the development did not require development approval.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that the defendant—

        (a)     took all reasonable steps to find out if the approved plans contained false or inaccurate information; and

        (b)     was satisfied on reasonable grounds that the plans did not contain false or inaccurate information.

    (5)     To remove any doubt, if a building approval indicates that something is not to have work done in relation to it, or is not part of the building approval, the certifier does not commit an offence under this section in relation to the thing.

    (6)     To remove any doubt, a relevant precinct rule is not inconsistent with an applicable rule only because one rule deals with a matter and the other does not.

    (7)     An offence against this section is a strict liability offence.

    (8)     In this section:

"applicable rule", for a single dwelling, means a rule in any of the following:

        (a)     for a dwelling in a suburban zone—

              (i)     the residential zones code, part A(1)-RZ1, other than rule R1 (Subdivision of blocks); or

              (ii)     the residential zones code, part B (General development controls), other than rule R14 (Subdivision of existing residential leases (except RZ1 zone)); or

              (iii)     if the residential zones code, part C(3) (Single dwelling housing-compact blocks in new estates, RZ1-suburban and RZ2 suburban core zones) does not apply to the dwelling—the residential zones code, part C(1) (Single dwelling housing), other than rule R49 (a); or

              (iv)     if the residential zones code, part C(3) applies—the residential zones code, part C(3), other than rule R79;

        (b)     for a dwelling in a suburban core zone—

              (i)     the residential zones code, part A(2)-RZ2; or

              (ii)     the residential zones code, part B, other than rule R14; or

              (iii)     if the residential zones code, part C(3) does not apply to the dwelling—the residential zones code, part C(1), other than rule R49 (a); or

              (iv)     if the residential zones code, part C(3) applies—the residential zones code, part C(3), other than rule R79;

        (c)     for a dwelling in an urban residential zone—

              (i)     the residential zones code, part A(3)-RZ3; or

              (ii)     the residential zones code, part B, other than rule R14; or

              (iii)     the residential zones code, part C(1), other than rule R49 (a);

        (d)     for a dwelling in a medium density residential zone—

              (i)     the residential zones code, part A(4)-RZ4; or

              (ii)     the residential zones code, part B, other than rule R14; or

              (iii)     the residential zones code, part C(1), other than rule R49 (a);

        (e)     for a dwelling in a high density residential zone—

              (i)     the residential zones code, part A(5)-RZ5; or

              (ii)     the residential zones code, part B, other than rule R14; or

              (iii)     the residential zones code, part C(1), other than rule R49 (a).

"dwelling"—see the Planning and Development Regulation 2008 , section 5.

"precinct code"—see the Planning and Development Act 2007 , dictionary.

residential zones code means the Residential Zones Single Dwelling Housing Development Code in the territory plan.

"zone"—see the Planning and Development Act 2007 , dictionary.