BUILDING REGULATIONS 2012 - REG 10
BUILDING REGULATIONS 2012 - REG 10
10 . Owners of land (s. 5(1))
(1A) In this
regulation —
managed reserve has the meaning given in the Land
Administration Act 1997 section 3(1);
management body has the meaning given in the Land
Administration Act 1997 section 3(1);
road has the meaning given in the
Land Administration Act 1997 section 3(1);
strata leasehold estate has the meaning given in
the Strata Titles Act 1985 section 3(1).
(1) For the purposes
of paragraph (c) of the definition of owner , in relation to land held in
freehold or held in leasehold under a strata lease in section 5(1) the
following interests are prescribed —
(a) a
leasehold interest in the land if the terms of the lease allow the lessee to
undertake building work without the consent of each person whose name is
registered as a proprietor of the land;
(b) an
interest as purchaser under a contract to purchase an estate in fee simple in
the land or a strata leasehold estate in the land under a strata lease;
(c) a
freehold interest in the land or a strata leasehold estate in the land under a
strata lease vested in an executor or administrator under the
Administration Act 1903 section 8.
(2A) Despite
subregulation (1), for the purposes of section 54(1)(b) in relation
to an application mentioned in section 51(2) or (3), owner , in relation
to land held in freehold or held in leasehold under a strata lease,
means —
(a) a
person whose name is registered as a proprietor of the land; and
(b) the
State, if registered as a proprietor of the land; and
(c) an
executor or administrator under the Administration Act 1903
section 8 in whom is vested a freehold interest in the land or a strata
leasehold estate in the land under a strata lease.
(2) For the purposes
of paragraph (a) of the definition of owner in relation to Crown land in
section 5(1), the following persons are prescribed —
(a) in
relation to a managed reserve — the management body of the reserve;
(b) in
relation to a road — whichever of the following persons who, under
a written law, has the care, control and management of the road —
(i)
the local government in whose district the road is
situated;
(ii)
the Commissioner of Main Roads;
(iii)
the Minister as defined in the Public Works Act 1902
section 2;
(c) in
relation to Crown land that is vested in a person or body under a written law
other than the Land Administration Act 1997 — that person or
body;
(d) in
relation to Crown land that is subject to a lease, other than land referred to
in paragraph (a), (b) or (c) — the Minister for Lands and the
lessee;
(e) in
relation to any other Crown land — the Minister for Lands.
[Regulation 10 amended: Gazette
18 Dec 2012 p. 6556‑7;15 Sep 2015
p. 3783‑4; 31 Dec 2019 p. 4638‑9.]