Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This section applies if the owner of land has applied to a certifier for building approval for building work to be carried out on the land.
(2) The certifier must be satisfied on reasonable grounds that the following consultations have been undertaken in relation to the proposed building work:
(a) if applicable, consultation with the relevant directors-general in relation to—
(i) procedures to be used in the demolition of any class 2, class 3, class 4, class 5, class 6, class 7, class 8 or class 9 building; and
(ii) any waste management plan provided in the application; and
(iii) any asbestos removal control plan provided in the application;
(b) if it is proposed that the new building, or new part of the building, is to be used as licensed premises—consultation with the commissioner for fair trading in relation to—
(i) occupancy loading for public areas at the premises; and
(ii) kitchen facilities at the premises; and
(iii) liquor serving counters at the premises; and
(iv) toilet facilities and toilet rooms at the premises;
(c) if it is proposed that the new building, or new part of the building, is to be used as permitted premises—consultation with the commissioner for fair trading in relation to occupancy loading for public areas at the premises;
(d) consultation with the chief health officer in relation to the application of any health law to the proposed new building or new part of the building;
(e) consultation with the environment protection authority if—
(i) the new building or new part of the building is to be used to conduct a class A or class B activity; or
(ii) an accredited code of practice applies to an activity to be carried out in the new building or new part of the building.
(3) The certifier has reasonable grounds to be satisfied that consultations mentioned in subsection (2) in relation to proposed building work have been undertaken if the certifier is satisfied on reasonable grounds that sufficient consultation in relation to the work has taken place as part of a development application under the href="https://www.legislation.act.gov.au/a/2023-18/" title="A2023-18">Planning Act 2023
.
(4) If subsection (3) applies to consultation with an entity in relation to proposed building work, the certifier must not require additional consultation with the entity.
(5) The certifier may be satisfied on reasonable grounds that an entity has been consulted under subsection (2) in relation to an application for building approval if—
(a) a copy of the application is given to the entity required to be consulted; and
(b) 10 working days have elapsed after the day the copy was given.
(6) In this section:
accredited code of practice means a code of practice accredited under the “b title="A1997-92">Environment Protection Act 1997
, section 31 (1).
class A activity means an activity listed in the href="http://www.legislation.act.gov.au/a/1997-92" title="A1997-92">Environment Protection Act 1997
, schedule 1, table 1.2.
"class B activity "means an activity listed in the href="http://www.legislation.act.gov.au/a/1997-92" title="A1997-92">Environment Protection Act 1997
, schedule 1, table 1.3.
health law means a territory law that has as 1 of its objects or purposes the protection of public health.
"licensed premises"—see the href="http://www.legislation.act.gov.au/a/2010-35" title="A2010-35">Liquor Act 2010
, dictionary.
"liquor serving counter", at premises—see the href="http://www.legislation.act.gov.au/sl/2010-40" title="SL2010-40">Liquor Regulation 2010
, dictionary.
"occupancy loading", for a public area at licensed premises or permitted premises—see the href="http://www.legislation.act.gov.au/a/2010-35" title="A2010-35">Liquor Act 2010
, dictionary.
"permitted premises"—see the href="http://www.legislation.act.gov.au/a/2010-35" title="A2010-35">Liquor Act 2010
, dictionary.
"relevant directors-general" means the following:
(a) the director-general of the administrative unit responsible for municipal services;
(b) the director-general of the administrative unit responsible for the href="http://www.legislation.act.gov.au/a/2004-7" title="A2004-7">Dangerous Substances Act 2004
;
(c) the director-general of the administrative unit responsible for the href="http://www.legislation.act.gov.au/a/2011-35" title="A2011-35">Work Health and Safety Act 2011
.
"toilet facility"—see the href="http://www.legislation.act.gov.au/sl/2010-40" title="SL2010-40">Liquor Regulation 2010
, schedule 1, section 1.1.
"toilet room"—see the href="http://www.legislation.act.gov.au/sl/2010-40" title="SL2010-40">Liquor Regulation 2010
, schedule 1, section 1.1.