South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 89

89—Private certification—authorised functions

        (1)         Pursuant to section 89(2) of the Act, a private certifier is authorised to exercise the following functions:

            (a)         the assessment of a development against the Building Rules and, if appropriate, the assignment of a classification under the Building Code , and the granting of a building rules consent (but not an approval) under sections 33(1)(b) or 34(2)(d) of the Act, other than where section 36(3) of the Act applies; or

            (ab)         the powers and duties of a relevant authority under section 36(2) of the Act; or

            (b)         where section 36(3) of the Act applies—the provision of advice to the relevant authority; or

            (ca)         insofar as an application or an authorisation relates to an assessment against the Building Rules, the powers and duties of a relevant authority under section 37 of the Act; or

            (d)         insofar as an application or an authorisation relates to an assessment against the Building Rules, the ability to make a request under section 39(2) of the Act, or to grant a permission under section 39(4)(a) or (b), or to grant a variation under section 39(6); or

            (da)         the provision of a notice of decision to an applicant under section 40 of the Act; or

            (e)         the imposition of conditions under section 42 of the Act if the private certifier grants a building rules consent; or

            (ea)         the powers of a relevant authority under section 53A of the Act; or

            (f)         if the private certifier grants a building rules consent or otherwise undertakes an assessment of building work against the Building Rules—

                  (i)         the issue of a schedule of essential safety provisions under Division 4 of Part 12 of these regulations; or

                  (ii)         the assignment of a classification to the building under these regulations; or

            (g)         the ability to act under any other provision of the Act or these regulations which specifically provides for the exercise of a function by a private certifier.

        (2)         Subregulation (1) is subject to the following qualifications:

            (a)         a private certifier must not grant a building rules consent in respect of a development which requires development plan consent, other than a development classified as a complying development under these regulations or the relevant Development Plan, before that development plan consent is granted; and

            (b)         a private certifier must, in deciding whether to grant a building rules consent, take into account the development plan consent and any condition or notes that apply in relation to the development plan consent (if such consent has been granted).

        (3)         If a private certifier grants a building rules consent, the private certifier must, when providing the applicant with written notice of the decision, include in the notice a statement advising the applicant that building work cannot commence unless or until the development is approved under the Act.