Building Act 2004

This section applies to the following buildings:

a building that—

is listed on the affected residential premises register; and

is—

vested in, or subject to the control of, the Territory; or

acquired by the Territory under the buyback scheme;

a building that—

is an eligible impacted property; and

is acquired by the Territory under the eligible impacted property buyback program.

The custodian of the land on which the building is located may apply to the construction occupations registrar for an order (a demolition order) to demolish the building.

Before applying to the construction occupations registrar for a demolition order, the custodian of the land on which the building is located must consult with the relevant directors-general in relation to—

the asbestos removal control plan (if required); and

Asbestos removal control plan—see the dictionary.

the waste management plan.

An application must be accompanied by—

details of the methods to be used in carrying out the demolition, including a work plan in accordance with AS 2601 (The demolition of structures), as in force from time to time; and

the plans for the demolition, prepared in accordance with the prescribed requirements; and

for a building mentioned in subsection (1) (a)— a copy of the asbestos assessment report for premises to which the demolition relates; and

the asbestos removal control plan (if required); and

the waste management plan; and

if a regulation prescribes that an entity’s advice on the application must be sought—the entity’s advice.

The construction occupations registrar may issue a demolition order for demolition of the building if satisfied on reasonable grounds that—

the consultation required under subsection (3) has happened; and

a building approval is not necessary.

The construction occupations registrar may be satisfied on reasonable grounds that the consultation required under subsection (3) has happened if—

a copy of the asbestos removal control plan (if required) and the waste management plan is given to the relevant directors-general; and

10 working days have elapsed after the day the copy was given.

A demolition order is in force for 2 years after the day the order is issued.

The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under this section.

The standard may be purchased at www.standards.org.au.

In this section:

the director-general of the administrative unit responsible for municipal services;

the director-general of the administrative unit responsible for the Dangerous Substances Act 2004;

the director-general of the administrative unit responsible for the Work Health and Safety Act 2011.