Western Australian Current Acts Western Australian Current Acts (1) A permit authority
to which an application is made must grant or modify the occupancy permit or
grant the building approval certificate applied for if it is satisfied —
(a) that
the applicant has complied with section 54; and
(b) that
the building surveyor who signed the certificate of construction compliance or
certificate of building compliance —
(i)
is entitled under the Registration Act to sign
certificates of construction compliance or certificates of building compliance
for buildings or incidental structures of a kind that is the subject of the
application; and
(ii)
is an independent building surveyor in relation to the
application;
and
(c) that
the certificate of construction compliance or certificate of building
compliance is issued by a person who —
(i)
is a building service contractor who is entitled under
the Registration Act section 11 to issue the certificate; or
(iia) is
a public authority as defined in the Registration Act section 3; or
(ii)
is a person or in a class of persons prescribed for the
purposes of the Registration Act section 7(2)(c) who may issue the
certificate;
and
(d) that
each technical certificate required by regulations mentioned in
section 54(4)(b) is —
(i)
signed by a person prescribed as a person who may sign
the certificate; and
(ii)
issued by a person prescribed as a person who may issue
the certificate;
and
(e) if a
part of the building or incidental structure encroaches beyond the boundaries
of the land on which the building or structure is located, that each owner
(within the meaning of section 76(2) where applicable) of the land into, onto,
or over which the encroaching part is placed has consented to the encroaching
part being so placed; and
(f) that
there is no current legal proceeding that has been instituted by the permit
authority or a local government for a breach or alleged breach of a written
law relating to the building or incidental structure; and
(g) that
each building order that has been made in relation to the building or
incidental structure has been complied with; and
(h) that
any building services levy required to be paid in respect of the occupancy
permit or building approval certificate under regulations mentioned in the
Building Services (Complaint Resolution and Administration) Act 2011 Part 7
Division 2 has been paid; and
(i)
if the application is made under section 51, that any
levy that would have been imposed by the
Building and Construction Industry Training Levy Act 1990 in respect of the
building work has been paid; and
(j) in
relation to an application that is required to be accompanied by a certificate
of building compliance, that the applicant has obtained in relation to the
building or incidental structure each authority under a written law that is
prescribed for the purposes of this paragraph; and
(k) that
the applicant has complied or is complying with each authority mentioned in
paragraph (j); and
(l) that
the applicant has complied with each other prescribed requirement in relation
to the granting or modification of an occupancy permit or the granting of a
building approval certificate on the application.
(2) A permit authority
to which an application is made must not grant or modify the occupancy permit
or grant the building approval certificate applied for unless it is satisfied
as to each of the matters mentioned in subsection (1)(a) to (l).
(3) A permit authority
to which an application is made may refuse to grant or modify the occupancy
permit or grant the building approval certificate applied for if it appears to
the permit authority that there is an error in the information or a document
provided for the application.
[Section 58 amended: No. 37 of 2012 s. 13.]