Page 1842 - Week 05 - Thursday, 6 May 2010
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assessor, and they agree to do the assessment, the building surveyor or works assessor must do the assessment and issue a notice. The notice must say what is exempt, what is not exempt, and why. A copy of the notice must be supplied to the ACT Planning and Land Authority.
New sections 14C to 14E and sections 138E to 138G set out the parameters for a building surveyor or works assessor to ask for further information. It also stipulates the form and time frames for requesting further information and what happens if the requested information is not provided. Because the building surveyor or works assessor carries responsibility for the decision, they need to have access to information that will help them determine the application. These provisions are designed to introduce a process for building surveyors, works assessors and applicants. The process is similar to that used in existing building and development approval application processes.
Mr Speaker, there are also defences provided in both the Building Act and Planning and Development Act for persons who use and act on certain approvals on the understanding that they are accurate and lawful. The provisions at clauses 16 to 21 and clause 47 amend existing provisions that deal with defences. A defence does not extend to prohibited development.
Clause 13 inserts new section 29(6A) for the Building Act to provide that an exemption assessment D notice, when used in the building approval process, has a lifespan of three months from the date it is issued.
Mrs Dunne: But wait; there’s more!
MR BARR: This brings exemption assessment notices into line with building and development approvals. This means that an applicant can use the assessment notice for three months in other planning approvals processes. And, thank you, Mrs Dunne, for reinforcing that. The applicant can use the assessment notice for three months. If no other planning approvals are required then the lifespan is not relevant. A lifespan is considered necessary because other people will be relying on the information in the notice to determine planning approvals.
Mr Speaker, The bill also provides transitional provisions that will allow the respective acts to be modified by regulation if, in the executive’s opinion, the matter had not been appropriately dealt with in this bill. This allows the government to modify the act by regulation for a period of two years from commencement. The use of transitional provisions like these provides an effective mechanism to modify the act in a timely manner.
The next provision I will speak on deals with the existing building approval process. The provision provides for applicants to get a written explanation where a building approval cannot be issued. This closes a gap in the existing process. New section 27A of the Building Act inserted by clause 9 requires that when a building application approval has been made to a certifier then the certifier must provide written notification where a building approval cannot be issued.
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