Australian Capital Territory Numbered Acts

BUILDING (AMENDMENT) ACT 1999 (NO. 48 OF 1999) - SECT 9

    After section 53AA of the Principal Act the following section is inserted:

“53AB     Government buildings

“(1)     This section applies to a building if—

        (a)     the building was erected, before or after the commencement of this section, on land that, when the building was erected, was held—

              (i)     by the Commonwealth; or

              (ii)     by the Territory; or

              (iii)     by another person under a lease from the Commonwealth for a term of years; and

        (b)     a certificate of occupancy or regularisation has not been issued for the building.

“(2)     Application for a certificate that a building to which this section applies is fit for occupation may be made by a person eligible to make the application under subsection (3) or (4).

“(3)     If, when the application is made, the building is on land held under a lease from the Commonwealth for a term of years, the application may be made by the lessee.

“(4)     If, when the application is made, the building is not on land held under a lease from the Commonwealth for a term of years, the application may be made—

        (a)     if the land is held by a person, including the Territory, under a tenancy from the Commonwealth, whether or not the occupier is the tenant or a subtenant—by the Commonwealth or the tenant; or

        (b)     if the land is held under a tenancy from the Territory, whether or not the occupier is the tenant or a subtenant—by the tenant; or

        (c)     in the case of National Land—by the Commonwealth; or

        (d)     in the case of Territory Land—by the Territory.

“(5)     The application must—

        (a)     be in writing and signed by or on behalf of the applicant; and

        (b)     provide sufficient information to enable the building to be identified; and

        (c)     be accompanied by a copy of the plans and specifications relating to—

              (i)     the erection of the building and any alteration to it; or

              (ii)     the building when the application is made; and

        (d)     state the purpose for which the building or each part of the building is being used; and

        (e)     if it is intended that any part of the building be used for a purpose other than the purpose for which it is being used when the application is made—state the intended purpose; and

        (f)     be accompanied by the determined fee.

“(6)     The building controller must—

        (a)     grant the application if satisfied that—

              (i)     the application complies with subsection (5); and

              (ii)     the building complies with subsection (7); or

        (b)     refuse the application if not so satisfied.

“(7)     The building complies with this subsection if—

        (a)     it is structurally sound and can withstand the loadings likely to arise from its expected use; and

        (b)     contains reasonable provision for—

              (i)     the safety of persons likely to be in the building if there is a fire, including the provision of adequate facilities for leaving the building; and

              (ii)     the prevention and suppression of fire; and

              (iii)     the prevention of the spread of fire.

“(8)     To decide whether the building complies with subsection (7), the building controller—

        (a)     may require the applicant to provide a written statement by a qualified registered construction practitioner that deals with the matters mentioned in paragraphs (7) (a) and (b), or such of the matters as the building controller specifies; and

        (b)     may have regard to such a statement.

“(9)     If the building controller grants the application, the building controller must issue to the applicant a certificate that the building is fit for occupation if each part of the building is used only for the purpose stated in the certificate.

“(10)     In this section—