Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section applies if building work is being, or is to be, carried out—
(a) without a building approval having been issued for the work; or
(b) otherwise than in accordance with the approved plans for the building work; or
(c) contrary to a provision of this Act relating to the building work; or
(d) if the building work is being carried out on a parcel of land held under lease from the Commonwealth—contrary to a provision, covenant or condition of the lease; or
(e) for building work forming part of a development requiring approval under the Land Act, division 6.2—without the approval; or
(f) for building work forming part of a development approved under the Land Act, division 6.2—contrary to the approval, or a condition of the approval; or
(g) for building work for an exempt building—so that the building, or part of the building, is or will be on an easement.
1 The footings of a building have been poured and are setting. The footings are on an easement. A stop notice can be issued for the building work continuing on top of the footings.
2 A concrete truck is about to deliver concrete to a building site for which there needs to be an approved plan, although there is no plan. A stop notice can be issued for the building work to be done.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) The construction occupations registrar, a building inspector or a certifier may, by written notice (a stop notice ), prohibit the carrying out of any further building work or of stated building work.
(3) A stop notice ends if—
(a) the person who gave the stop notice cancels the stop notice in writing signed by the person; or
(b) the grounds for giving the stop notice no longer exist; or
(c) the stop notice is cancelled under section 55 (Application by land owner for cancellation of stop notice) or section 57 (Decision on application by other than land owner).
Examples for par (b)
1 if the ground for issue of the notice was s (1) (a)—an approval has been issued for the work
2 if the ground for issue of the notice was s (1) (b)—the building work that was not in accordance with the approval has been removed so that the remaining work complies with the existing building approval or a new approval has been obtained that allows the building work
3 if the ground for issue of the notice was s (1) (c)—if the grounds of the contravention were that the building work was being carried out by a person without a builders licence, an appropriately licensed builder continues the building work
4 if the ground for issue of the notice was s (1) (d)—the building work that was not in accordance with the lease is removed or the lease varied to allow the work
5 if the ground for issue of the notice was s (1) (e)—the approval is obtained
6 if the ground for issue of the notice was s (1) (f)—the building work that was not in accordance with the approval is removed or the approval varied to allow the work
7 if the ground for issue of the notice was s (1) (g)—the building work that was on the easement is removed or the easement is changed to allow the work
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) A stop notice may not be issued on a ground mentioned in subsection (1) (a) or (b) for work in relation to an exempt building.