The QBCC's general power under s 36 to impose conditions on a building licence cannot be exercised to achieve what the specific powers under s 72 (rectification/remediation) and s 108AI (stop work notices) are designed to achieve, as this would circumvent the requirements and limitations Parliament attached to those specific powers. Conditions requiring a licensee to remedy damage to adjacent property, stop work, or provide ongoing engineering reports about the safety of adjacent property are beyond the scope of s 36. The distinction between grants of power to courts and executive powers of statutory authorities is relevant to the breadth of construction to be given to a general power.
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