Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Each of the following is an approval requirement for plans:
(a) if the plans are for the substantial alteration of a building—the building as altered will comply with this Act and the building code;
Note 1 Substantial alteration —see s (2).
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and the building code (see Legislation Act, s 104).
(b) if the plans are for the erection or alteration of a building—the building, if erected or altered in accordance with the plans, will comply with this Act;
(c) if the plans are for the demolition of a building—demolition in accordance with the plans will comply with this Act;
(d) if a waste management plan is required to accompany the application—the plan is adequate;
(e) if an asbestos removal control plan is required to accompany the application—the plan complies with the asbestos code;
(f) the building as proposed to be erected or altered will be structurally sufficient, safe and stable.
(g) if the plans show site work that, if carried out in accordance with the plans, might be exempt under the Planning and Development Act 2007 from requiring development approval—
(i) the plans show all the information necessary to establish that the site work will be exempt; or
(ii) a copy of an exemption assessment D notice for the site work stating that the site work is an exempt development is attached; or
Note 1 If site work is an exempt development, it does not require development approval (see Planning and Development Act 2007 , s 133).
Note 2 Applying for an exemption assessment is not a requirement of the development approval or building approval process. If a person believes that a development is an exempt development, the person need not apply for an exemption assessment from a works assessor or building surveyor (see Planning and Development Act 2007 , div 7.3.1A).
(iii) development approval for the site work is attached.
Example
Plans show a proposed residence and garage, and development approval has not been given. The information in the plans in relation to the residence and garage suggests that the residence and garage might be exempt from the requirement for development approval.
However, the territory plan sets out other requirements that must be satisfied before the proposed residence and garage will be exempt from requiring development approval, for example, requirements in relation to trees, driveways, car parking, colours and the amount of the land parcel that must not contain certain buildings.
The plans must show all the information necessary for the certifier to be satisfied that all the requirements for the proposed residence and garage to be exempt from requiring development approval have been met, including the requirements in relation to trees, driveways and other matters related to the residence and garage in the territory plan.
If development approval is given for the proposed residence and the garage, then the plans do not need to include the information necessary to establish that they are exempt from requiring development approval.
If an exemption assessment D notice for the proposed residence and garage indicates the residence and garage are exempt from requiring development approval, then the plans do not need to include any additional information to establish that the proposed residence and garage are an exempt development.
Note 1 This provision does not give a certifier power to require an applicant to provide either development approval, or an exemption assessment D notice, under the Planning and Development Act 2007 .
Note 2 Section 30 and s 30A prevent building approval from being given in some cases.
Note 3 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) A regulation may declare that—
(a) an alteration of a building is or is not a substantial alteration; or
(b) a part of a building (the unaltered part ) that has not been altered need not comply with the building code despite subsection (1) (a).
(3) For subsection (1)—
(a) a building or a building as altered does not fail to comply with this Act only because the plans for the building or alteration contain something to which the building code does not apply; and
(b) a building product, construction method, design, component or system connected with a building is taken to comply with the building code if the product, method, design, component or system complies with a recognised standard.
(4) For subsection (1) (d), a waste management plan is "adequate" if—
(a) the plan satisfies any requirements prescribed under the regulations; and
(b) there is a recycling facility for the reuse or recycling of material mentioned in the plan and the plan states that the material will be disposed of, if practicable, at the facility.
(5) The Minister may declare that a facility outside the ACT is suitable to reuse or recycle stated material.
(6) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act .
(7) For subsection (1) (g) (ii), the certifier must be satisfied that the exemption assessment D notice—
(a) is for the site work to which the application relates; and
(b) was issued by a works assessor or building surveyor not more than 3 months before the day the application for building approval was made.
Note There is no obligation on the certifier to confirm the exemption assessment D notice in any other way, such as for accuracy or completeness.
(8) In this section:
"recycling facility", for material, means—
(a) a facility in the ACT where the material is reused or recycled; or
(b) a facility outside the ACT that the Minister has declared is suitable to reuse or recycle the material under subsection (5).