South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 99

99—Documents to be preserved by a council

        (1)         A council must retain a copy of each of the following documents in relation to any building work approved under the Act in its area (whether approved by the council or otherwise):

            (a)         all technical details, particulars, plans, drawings, specifications and other documents or information relating to building work;

            (b)         all certificates, opinions and other documents submitted to the council in connection with an application for approval of building work;

            (c)         the duplicate of any certificate of occupancy issued by, or provided to, the council;

            (d)         a copy of any schedule of essential safety provisions issued by, or provided to, the council;

            (e)         a copy of any certificate submitted to the council under regulation 76 during the preceding six years;

            (f)         a copy of any other plan submitted to the council under these regulations.

        (2)         The council must preserve any document referred to in subregulation (1) until the building to which the document relates is demolished or removed.

        (3)         Notwithstanding subregulations (1) and (2), the council may in the case of a Class 1 or 10 building under the Building Code , offer to give the plans and specifications in its possession, to the building owner ten years after the date of the approval (on such terms as the council thinks reasonable) and, if the owner declines the offer, the council may destroy the documents.

        (4)         A person may, subject to subregulation (5), with the consent of the council or the owner of the building to which the document relates, and on payment of a reasonable fee fixed by the council, inspect at the offices of the council during its normal office hours any document retained by the council under subregulation (1).

        (5)         A council is not required to make available any plans, drawings, specifications or other documents or information if to do so would, in the opinion of the council, unreasonably jeopardise the present or future security of a building.

        (6)         Despite subregulations (4) and (5), a council must, at any reasonable time and without the imposition of a fee, allow a person authorised by the Minister for the purposes of this subregulation to inspect, copy or take extracts from any document retained by the council under subregulation (1).