Page 3932 - Week 13 - Tuesday, 25 November 2014
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
In response, EPD has reviewed its own internal documentation for development application decisions to ensure its documents meet the standards recommended by the Auditor-General.
As members would be aware, the Legislative Assembly has agreed to new requirements for exemption assessment D notices and decisions made by building certifiers under the Building Act—specifically, the decision by a building certifier to issue a building approval for development that does not have a development approval or other exemption documentation.
The primary change under the Building Act applies if a building certifier receives an application for building approval for the site work relating to the approval and there is no (a) exemption assessment D notice stating that the site work is exempt development issued for the work not more than three months before the day the application was made; (b) exemption declaration under the Planning and Development Regulation 2008 made by the Planning and Land Authority; or (c) current development approval issued in relation to the site work.
If none of the above documents are in place covering all of the relevant site work, new section 28(1A) requires the building certifier to issue a site work notice. This notice is intended to document the decisions building certifiers already make under the Building Act when they receive an application for building approval.
If the development is not a DA exempt development, the existing provisions apply and no site work notice is issued. The application for building approval cannot be considered without a valid DA for non-exempt works. A site work notice must state that the site work is exempt development and the building certifier’s reasons for assessing that the site work is exempt development. This could include advice from referral entities and must identify any of the following relied on by the building certifier to assess the site work as exempt development: a provision of the Planning and Development Regulation 2008 or, if a provision incorporates a territory plan code, the code.
The site work notice verifies that the building certifier has made an assessment of the DA-exempt status of the site work. The notice does not have to contain a checklist against all of the criteria in the relevant regulation or code, but the building certifier must be satisfied that all relevant criteria are met before issuing the notice. Building certifiers can and should continue to use their own verification methods and documents to assess whether the site work is exempt. The notice must contain identifying information for the parcel of land the site work relates to, including the block and section number, the division and the street name and number if applicable. It must also include the building certifier’s name, licence number and signature and the date the notice is signed.
This is a significant reform. It addresses the issues raised by the Auditor-General and will enable the directorate to more easily audit the fundamental decision made by a building certifier on whether or not to exempt a development.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video