South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 64

64—Referral of assessment of building work

        (1)         Where a proposed development is subject to the operation of section 48 of the Act, the Governor (or the Development Assessment Commission acting as a delegate of the Governor under section 48(8) of the Act), may—

            (a)         refer the assessment of the development in respect of the Building Rules to the council for the area in which the proposed development is to be undertaken; or

            (b)         require that an assessment of the development in respect of the Building Rules be undertaken by a private certified, or by some other person of a class determined by the Governor (or the Development Assessment Commission),

and, in such a case, the Governor (or the Development Assessment Commission) need not proceed to make a decision in relation to the matter until that assessment has occurred.

        (2)         A council or person acting under subregulation (1) must ensure that any assessment is consistent with any development plan consent (including any condition or notes that apply in relation to that consent) that has been given under section 48 of the Act.

        (3)         If a council or person acting under subregulation (1) determines that it is appropriate to give a certification with respect to the development complying with the Building Rules (and if the assessment of the council or person is consistent with any development plan consent), the council or person must—

            (a)         provide the certification in the form set out in Schedule 12A; and

            (b)         to the extent that may be relevant and appropriate—

                  (i)         issue a schedule of essential safety provisions under Division 4 of Part 12; and

                  (ii)         assign a classification to the building under these regulations; and

                  (iii)         ensure that the appropriate levy has been paid under the Construction Industry Training Fund Act 1993 .

        (4)         If a council or person issues a certificate under subregulation (3)(a), the council or person must—

            (a)         in the case of a council—furnish to the Minister a copy of the certificate, together with a copy of any schedule of essential safety provisions;

            (b)         in the case of a person—furnish to the Minister—

                  (i)         two copies of the certificate, together with two copies of any schedule of essential safety provisions; and

                  (ii)         one copy of any plans, drawings, specifications and other documents and information relating to the proposed development provided by the applicant for assessment in respect of the Building Rules.