Applications for certificate of occupancy under repealed Act
195 Applications for certificate of occupancy under repealed Act
This section:
(a) applies in relation to building work approved or commenced before 1 September 1993; and
applies despite section 170.
(2) If, before the commencement, a repealed Act occupancy application had been made in relation to building work but the application had not been determined, the application:
is taken to be an application for occupancy certification; and
(b) must be determined under Part 8 of this Act as in force after the commencement.
After the commencement:
(a) a repealed Act occupancy application must not be made in relation to building work; but
(b) an application for occupancy certification under Part 8 of this Act as in force after the commencement may be made in relation to the work.
(4) For the purposes of determining an application mentioned in subsection (2) or (3):
(a) a reference in Part 8 to a building permit granted for building work is taken to be a reference to a building approval given under Part III of the repealed Act; and
(b) a reference to a requirement under the Act or the Regulations (however expressed) in that Part, except as set out in the Table to this section, is taken to be a reference to such a requirement:
(i) under the repealed Act, or the regulations made under the repealed Act; and
(ii) that was in force when the building work was approved or commenced.
Table of exceptions
|
Provision |
Reference |
1 |
70(2)(c)(ii) |
criteria prescribed by regulation |
2 |
72B(1)(a) |
building of a class prescribed by regulation |
3 |
72B(1)(e) |
further criteria prescribed by regulation |
4 |
72C(c) |
criteria mentioned in section 72B(1)(e) |
5 |
Division 3 |
any requirements |
6 |
76C |
Schedule 3 |
This provision refers to the regulations (the Regulations
, prescribed by regulation
). Made under this Act:
This Act’s bill:Second reading speech
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