Australian Capital Territory Numbered Acts

BUILDING (AMENDMENT) ACT 1992 (NO. 48 OF 1992) - SECT 10

10. Section 46 of the Principal Act is amended—

    (a)     by inserting after paragraph (1) (e) the following paragraph:

    “(ea)     building work of a kind referred to in section 6AA has been carried out resulting in encroachment on an easement;”;

    (b)     by inserting after subsection (2) the following subsection:

“(2A) Where building work has been carried out in the circumstances referred to in paragraph (1) (e), the Building Controller shall not give a notice under this section to carry out the demolition of a building except on the recommendation of the Territory Planning Authority.”; and

    (c)     by inserting after subsection (4) the following subsections:

“(5) Paragraphs (1) (a) and (b), subsection (1), insofar as that subsection empowers the Building Controller to direct the owner of a parcel of land to submit plans for approval and to require a person carrying out building work to obtain the grant of a building permit, and subsection (4), do not apply to building work of a kind referred to in section 6AA.

“(6) Paragraph (1) (ea) does not apply to building work of a kind referred to in section 6AA for which approval was obtained before the commencement of that section, if the building work has been carried out in accordance with—

        (a)     the approved plans for that building work; and

        (b)     the conditions subject to which a building permit for the building work was granted.”.