Victorian Consolidated Legislation

Building Act 1993 - SECT 217

Application of Act to the Crown and public authorities

217. Application of Act to the Crown and public authorities



(1) Subject to subsection (2), Parts 2, 3, 4, 5, 5A, 5B, 7, 9, 10, 11, and 12A
and section 201 and this Division-

   (a)  bind the Crown in right of the State of Victoria and, so far as the
        legislative power of Parliament permits, the Crown in all its other
        capacities; and

   (b)  apply to a public authority.

(2) Section 134 does not apply to the Crown or a public authority unless an
occupancy permit or certificate of final inspection is obtained by the Crown
or the public authority in respect of the building work concerned.

(2A) Despite anything to the contrary in this Act, a provision of this Act
applies to a lessee or licensee of Crown land even if the provision does not
bind the Crown.



(2B) Despite anything to the contrary in this Act, Part 8 applies to a lessee
or licensee of Crown land as if a reference in that Part to the "owner" were a
reference to the lessee or licensee.

(3) If the Crown in any of its capacities or a public authority chooses to
proceed under a provision of this Act that would otherwise not be binding on
the Crown or public authority, it is bound by-

   (a)  that provision; and

   (b)  any provision of this Act conferring jurisdiction on the Building
        Appeals Board in respect of that provision; and

   (c)  any other provision of this Act or regulations having effect for the
        purposes of a provision referred to in paragraph (a) or (b).

(4) Nothing in subsections (1) to (3) makes the Crown or a public authority
liable for any offence under this Act or the regulations.

(5) Nothing in subsections (1) to (3) makes the Crown liable to pay any fee or
charge except the building permit levy and the fees payable under Part 10.



* * * * *