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DEVELOPMENT ACT 1993 - SECT 71A

71A—Building inspection policies

        (1)         A council must prepare and adopt a building inspection policy.

        (2)         A council must, in its building inspection policy, specify—

            (a)         a level or levels of audit inspections to be carried out by the council on an annual basis with respect to building work within its area (including building work assessed by private certifiers under Part 12) involving classes of buildings prescribed by the regulations; and

            (b)         the criteria that are to apply with respect to selecting the buildings that are to be inspected under the policy.

        (3)         A council may from time to time alter its building inspection policy.

        (4)         A council must, when preparing its building inspection policy under subsection (2) or considering an alteration under subsection (3), take into account the following matters (and may take into account other matters):

            (a)         the financial and other resources of the council, and of its local community; and

            (b)         the impact that a failure to inspect a certain number of buildings of the relevant classes over a period of time may have on its local community; and

            (c)         past practices of the council with regard to inspections and the assessment of building work in its area; and

            (d)         whether the area, or a particular part of the area, of the council is known to be subject to poor building conditions; and

            (e)         information in the possession of the council on poor building standards within its local community; and

            (f)         the public interest in monitoring the standard of building work within the community and in taking steps to provide for the safety and health of people who use buildings.

        (4a)         A building inspection policy must comply with any regulation prescribing a minimum level of inspections to be carried out by the council on an annual basis with respect to building work within its area (including building work assessed by private certifiers under Part 12).

        (4b)         A regulation under subsection (4a) may prescribe different levels for different classes of buildings.

        (4c)         A regulation cannot be made under subsection (4a) unless the Minister has given the LGA notice of the proposal to make a regulation under that subsection and given consideration to any submission made by the LGA within a period (of between 3 and 6 weeks) specified by the Minister.

        (5)         This section does not derogate from the operation of section 99.



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