Northern Territory Consolidated Acts

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BUILDING ACT - SECT 4

Definitions

In this Act:

"adjoining property", in relation to building work, means a property (including a street) that is next to, or near, the land on which the building work is to be carried out.

"Advisory Committee" means the Building Advisory Committee established by section 9(1).

"Appeals Board" means the Building Appeals Board established by section 17.

"approved form" means a form approved under section 167A.

"authorised officer" means a person appointed to be, or who is a member of a class of persons appointed to be, an authorised officer or authorised officers under section 162(1).

"Building Area" means a part of the Territory to which, under section 6(2), all or any of the provisions referred to in that section are declared to apply.

"building" includes a structure and a part of a building or structure.

"building certifier" means a person, firm or corporation registered under section 24 in the category of building practitioners known as building certifiers and, in relation to a function the Director is directed under section 48 to perform, includes the Director.

"building notice" means a building notice issued under section 108 or 109.

"building order" means a building order made under section 112.

"building permit" means a permit to carry out building work granted under this Act.

"building practitioner" means a person, firm or corporation registered under Part 3.

"building work" means work for or in connection with the construction, demolition or removal of:

        (a)     a building; or

        (b)     plumbing or drainage services, whether or not connected to a building, other than plumbing or drainage services vested in the Power and Water Corporation established by the Power and Water Corporation Act .

"carry out", in relation to building work, includes to cause to be carried out.

category of building practitioner has the meaning in section 4A.

"construct", in relation to a building, includes:

        (a)     build, re-build, erect or re-erect the building;

        (b)     repair the building;

        (c)     make alterations to the building;

        (d)     enlarge or extend the building; and

        (e)     place or relocate the building on land.

"Director" means the Director of Building Control appointed under section 7.

"exemption certificate", see section 73A(1).

"fire upgrading report" means a report prepared under section 116.

"occupancy permit" means a permit to occupy granted under Part 8.

"owner", in relation to land, includes every person who jointly or severally:

        (a)     is entitled to the land for an estate of freehold in possession;

        (b)     is a person to whom the Crown has lawfully contracted to sell the land under an Act relating to the alienation of lands of the Crown; or

        (c)     is entitled to receive or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise.

"owner-builder" means a person to whom an owner-builder certificate is granted under Part 4B.

"Practitioners Board" means the Building Practitioners Board established by section 12.

"prescribed certification", see section 73A(2).

"prescribed event", see section 73C(2).

"promote or conduct", in relation to a public assembly, includes to be interested in the proceeds or profits, if any, of the public assembly.

"public assembly" means an assembly of persons whether or not admission to the assembly is gained on payment of money or other consideration and whether or not its purpose is public entertainment.

"public authority" means the Crown, a public or local authority established by or under an Act or a statutory body representing the Crown, and includes a person exercising functions on behalf of the Crown or the authority or body.

"registered" means registered under Part 3.

"Registrar", in relation to a committee or board, means the employee, within the meaning of the Public Sector Employment and Management Act , whose duties under that Act include performing the functions of the Registrar of the committee or board.

"Regulations" includes a code or other document adopted by the Regulations for the purposes of this Act.

"related building application", in relation to an application for the grant of an occupancy permit, means a building application relating to the same building work as that to which the application for the permit relates.

"relevant person", in Part 9, means the owner of land or a building who proposes to carry out building work on the land or building.

"repealed Act" means the Building Act as in force immediately before the commencement of this Act.

"reporting authority" means a body or person (other than the building certifier to whom the application is made) required by the Regulations to report on, or consent to, an application for a building permit.

"street" includes a road (within the meaning of the Control of Roads Act ), lane, footway, square, court, alley and right of way.

"substantial compliance certificate" means a substantial compliance certificate issued under section 172F.

"temporary structure" means:

        (a)     a booth, tent or other temporary enclosure, whether or not a part of it is permanent; or

        (b)     a mobile structure.



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