2017-12-12 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                    12 DECEMBER 2017


Building Delegation under the Building Act 1975
(Confirmed as required by Building and Plumbing Services Manager)

New Powers

The following powers have been added to the delegation in line with changes to the LGAQ Delegations
Register and confirmation from Council’s Building and Plumbing Services Manager

Section 34A(2) Power, as an assessment manager, to determine whether a building development
application complies with the building assessment provisions and if it does, to approve the application.

Section 41(1) Power, as an assessment manager, to consult with the chief executive about the variation
application.

Section 46(5) Power, as a referral agency, to appoint or employ a building certifier to carry out the
assessment against the fire safety standard.

Section 221(4) Power to decide the application and give the owner an information notice about the
decision.

Section 244 Power to keep a copy of each exemption granted and make the copy available for inspection
and purchase as if it were a document, that under the Planning Act, the local government must make
available for inspection and purchase.

Updated powers

The following powers have been updated to the delegation in line with changes to the LGAQ Delegations
Register.

Building Act 1975

Section 54 Power to accept and, without further checking, rely and act on a document, given to Council by
a private certifier for a building development application, for the purpose of making it available for
inspection or purchase as required by the Planning Act.

Section 55 Power, as assessment manager, in relation to undecided building development applications
and lapsed building development approvals, to resume or start the development assessment process
under the Planning Act at any stage the assessment manager considers appropriate.

Section 97(2) Power to consult with a private certifier with regard to further extensions of the period under
the Planning Act, s 341 (When approval lapses if development not started).

Section 221(2)(b) and 3 Power to consult with a private certifier with regard to further extensions of the
period under the Planning Act, s 341 (When approval lapses if development not started).

Section 231AL Power, as local government, on an application by the owner of an RCB for a later day to
obtain a fire safety compliance certificate or certificate of classification to:
(a) consult on the application;
(b) decide the application;
(c) impose conditions on the grant of an application;
(d) give an information notice about the decision.

Section 238 Power to give notice of Council’s decision (including an information notice about the
decision).

Section 245FA(2) Power to keep a copy of each exemption available for inspection and purchase as if it
were a document that, under the Planning Act, must be available for inspection and purchase.



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