Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A certifier must not issue a building approval if carrying out the site work to which the application for the approval relates would result in the contravention of this Act or any other law in force in the ACT because of—
(a) the design or siting of a proposed building or a building as proposed to be altered; or
(b) the material used in the building; or
(c) the proposed use of the building as determined by the class of building; or
(d) the number of buildings on the land.
Example
Under the Planning and Development Act 2007 , s 247 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 2007 . 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.
Note 1 The power to make a statutory instrument includes the power to amend or repeal the instrument in the same way (see Legislation Act, s 46).
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 3 See the sustainability guidelines made under s 143.
Note 4 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 prescribe when, apart from this section, a building approval must not be issued.
(3) In this section:
"design", of a building, includes anything affecting the appearance of the building.