Page 6195 - Week 14 - Thursday, 9 December 2010
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(3) Yes
(4) For the purpose of answering this question, National Capital Authority (NCA) Land is taken to mean land in a designated area. ACTPLA only considers Development Applications (DAs) in a designated area that seek approval for a variation to a Territory Crown lease. Such DAs are publicly notified, referred to the NCA for comment, and determined in accordance with the Planning and Development Act 2007. The final decision for the DA may be made by ACTPLA, the Minister for Planning, or ACAT should the decision be reviewed. Note that design and siting approvals in designated areas are made by NCA.
(5) The Tribunal is required to apply the law, which includes the Territory Plan, at the time of making its decision. The Tribunal is required to consider any relevant Development Control Plan and advice received from the NCA.
(6) All lessees in receipt of a decision relating to a development application over their leased land have a requirement to comply with that decision in accordance with the Planning and Development Act 2007.
If an alleged breach of relevant legislation is identified by a member of the community or through ACTPLA’s own activities, on completion of an appropriate investigation ACTPLA may undertake corrective action utilising the enforcement provisions of the legislation.
(7) The lessees of a property may be required to lodge a development application to seek approval for the development on the site, as is their entitlement. The application will be determined on its merits giving consideration to all the mandatory assessment requirements. Other appropriate enforcement action may be considered under the relevant legislation should it be necessary. This ranges from controlled activity orders, infringement notices and ultimately prosecution.
(8) On completion of an appropriate investigation, if an alleged breach of relevant legislation is sustained ACTPLA may undertake action against a licensee utilising the disciplinary provisions of the legislation.
(9) The statutory duty to issue Certificates of Occupancy and Use rests with the Construction Occupations Registrar. This is done on the advice of the licensed building certifier who has been appointed by the lessee of the property.
It is the statutory duty of the licensed building certifier to determine if a development is consistent with the applicable plans and rules. A building certifier cannot recommend to the Construction Occupations Registrar the issuance of a Certificate of Occupancy and Use for a building that is not in accordance or substantially in accordance with the building approval.
Breaches of rules or plans must be rectified by the building certifier before a recommendation is made to the Construction Occupations Registrar to issue a Certificate of Occupancy and Use.
This practice is consistent with the standard approach of a privatised model for building certification.
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