Page 2109 - Week 07 - Thursday, 23 August 2007

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Schedule 1

Amendment 1.17

Proposed new section 27 (1) (b)

Page 18, line 24—

omit proposed new section 27 (1) (b), substitute

(b) if—

(i) a regulation prescribes that an entity’s advice on the application must be sought—the entity’s advice has been sought; or

(ii) a regulation prescribes that an entity must be consulted about the application—the entity has been consulted; or

(iii) a regulation prescribes that an entity’s consent to, or approval of, the application is required—the entity has consented to, or approved, the application; or

(iv) a consent or approval prescribed by regulation contains a condition that must be complied with—the certifier is satisfied on reasonable grounds that the condition has been complied with; and

Schedule 1

Amendment 1.23

Proposed new section 30 (1), example

Page 24, line 2—

omit the example, substitute

Example

Under the Planning and Development Act 2006, s 240 leased land must not be used for a purpose other than a purpose authorised by the lease. A lease provides that the leased land may be used only for a single dwelling.

If an application for building work on the land contains plans for 2 dwellings in a single building, carrying out the site work will result in a contravention of the lease and therefore the Planning and Development Act 2006. Accordingly, a certifier must not issue the building approval.

If an application for building work on the land indicates that 1 room is to be used for a home office, and part of the lounge room is to contain a bar area, the building may still be used as a dwelling and a certifier could issue building approval, even though conducting a home business may require development approval.

Schedule 1

Amendment 1.23

Proposed new section 30A (3) (b)

Page 25, line 26—

omit proposed new section 30A (3) (b), substitute

(b) if an entity’s advice must be sought on an application to a certifier for building approval—the advice the entity may give;

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