Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(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.
Part 20 Transitional
100 Definitions—pt 20
In this part:
"commencement day" means the day the Planning and Development Act 2007 , section 428 commences.
"new scheme" means the Building Act 2004 , as in force on or after the commencement day.
"old scheme" means the Building Act 2004 , as in force immediately before the commencement day.
101 Transitional—application for building approval under old scheme
(1) This section applies if—
(a) a person applied under the old scheme for a building approval for building work; and
(b) immediately before the commencement day, the application had not been decided; and
(c) the application does not include something required to be included in an application for building approval under this regulation.
(2) If the application complied with the old scheme when made, the application is taken to have been made in accordance with this regulation.
102 Transitional—information not included but required for building approval
(1) This section applies if—
(a) a person applied to a certifier under the old scheme for a building approval for building work; and
(b) immediately before the commencement day, the application had not been decided; and
(c) the application does not include something required to be included in an application for building approval under this regulation; and
(d) the certifier reasonably requires the thing to decide the application.
(2) The certifier may, by written notice, ask the applicant to give the certifier the thing the certifier reasonably requires to decide the application.
103 Transitional—floor area if building application before commencement day
(1) This section applies in relation to an application made to a certifier before the commencement day for building approval for building work if the building work—
(a) was not a substantial alteration under the old scheme; and
(b) is a substantial alteration under the new scheme.
(2) Within 2 weeks after the commencement day, the person who made the application may elect to have application decided using the definition of substantial alteration under the new scheme apply to the building work.
(3) The person makes the election by giving written notice of the election to the certifier.
(4) If the person elects to have the application for building approval decided using the definition of substantial alteration under the new scheme, the certifier must treat the building work as a substantial alteration only if it is a substantial alteration under the new scheme.
104 Transitional—floor area if building application on or after commencement day and before 1/1/2009
(1) This section applies to an application made to a certifier before 1 January 2009 for building approval for building work if the building work—
(a) would not have been a substantial alteration under the old scheme; and
(b) is a substantial alteration under the new scheme.
(2) The applicant for building approval may, in the application, elect to have the application decided using the definition of substantial alteration under the old scheme.
(3) If the applicant elects to have the application for building approval decided using the definition of substantial alteration under the old scheme, when deciding the application, the certifier must treat the building work as a substantial alteration only if it was a substantial alteration under the old scheme.
105 Legislation repealed
The following legislation is repealed:
Building (Bushfire Emergency) Regulation 2004 (SL2004-35)
Building Regulation 2004 (SL2004-34)
106 Expiry—pt 20
This part expires 2 years after it commences.