Queensland Consolidated Acts

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BUILDING ACT 1975 - SECT 83

83 General restrictions on granting building development approval

(1) The private certifier must not grant the building development approval applied for--

(a) if the building development application includes development other than building work--until, under IPA, all necessary development permits are effective for the other development; and
Example--
A proposal involves building work, a material change of use and reconfiguring a lot, under IPA. The private certifier is engaged to carry out the building assessment work and decide the building development application. The application must not be decided until all necessary development permits are effective for the change of use and reconfiguring of the lot.
(b) until all necessary preliminary approvals under IPA are effective for other assessable parts of the development; and
Example--
A proposal requires building assessment work against a planning scheme under IPA and the building assessment provisions. The private certifier is engaged to carry out the building assessment work and decide the building development application. The application must not be decided until all necessary preliminary approvals are effective for the assessment of the building work against the planning scheme.
(c) until the building assessment work for the application has been carried out under the building assessment provisions; and
(d) if, under IPA, a concurrence agency has jurisdiction for a part of building assessment work--
(i) that part has been assessed by the concurrence agency, under the building assessment provisions; and
(ii) if the concurrence agency is the local government--any security it has required for the carrying out of the building work has been given; and
(e) if proposed works relating to the development include installing or changing on premises an on-site sewerage facility under the Plumbing and Drainage Act 2002--until a compliance permit under that Act has been given for the installation or change; and
(f) if the building work is over or adjacent to a sewer or water main--until consent under the Water Supply (Safety and Reliability) Act 2008, section 192 has been granted for the work to be over or adjacent to the sewer or water main.

Maximum penalty--165 penalty units.

(2) For subsection (1)(f), building work over or adjacent to a sewer includes building work in which the offset of the nearest point of the work from the centre line of the sewer is a distance less than the depth to the invert of the sewer.

(3) If the private certifier receives the application before all other assessments for permits and approvals mentioned in subsection (1) are completed, for timings under IDAS, the application is taken not to have been received until the day all other assessments under IDAS have been completed.

(4) This section does not limit part 4.



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