Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) Each of the following is an approval requirement for plans:
(a) if the plans are for the substantial alteration of a building—the building as altered will comply with this Act;
Note 1 Substantial alteration —see s (2).
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act, s 104).
(b) if the plans are for the erection of a building—the building as erected will comply with this Act;
(c) if a waste management plan is required to accompany the application—the plan is adequate;
(d) the building as proposed to be erected or altered will be structurally sufficient, safe and stable.
(2) The regulations may prescribe when an alteration to a building is a substantial alteration.
(3) However, a building does not fail to comply with this Act under subsection (1) only because the plans for the building or alteration contain something to which the building code does not apply.
(4) For subsection (1) (c), a waste management plan is "adequate" if—
(a) the plan satisfies any requirements prescribed under the regulations; and
(b) there is a recycling facility for the reuse or recycling of material mentioned in the plan and the plan states that the material will be disposed of, if practicable, at the facility.
(5) The Minister may, in writing, declare that a facility outside the ACT is suitable to reuse or recycle stated material.
(6) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
(7) In this section:
"recycling facility", for material, means—
(a) a facility in the ACT where the material is reused or recycled; or
(b) a facility outside the ACT that the Minister has declared is suitable to reuse or recycle the material under subsection (5).