Health Service Establishments Act 2006

For the purposes of this section – material alteration to or extension of, in relation to an establishment, means a material alteration to or extension of the establishment for which a permit is required under the Building Act 2016.

If a licensee of an establishment proposes to make any material alteration to or extension of the establishment, the licensee must, within the period specified in subsection (3), apply to the Secretary for approval of the alteration or extension.

The application is to be made at least 14 days – before an application for a permit in relation to the alteration or extension is made under the Land Use Planning and Approvals Act 1993; or if a permit is not required under the Land Use Planning and Approvals Act 1993, before an application under the Building Act 2016 is made to a building surveyor for a certificate of likely compliance in relation to the alteration or extension.

The application is to be accompanied by the prescribed fee.

The application is to indicate – the purpose of the alteration or extension; and any amendments to the licence held by the applicant that the applicant considers will be required – during the construction works to be undertaken in relation to the alteration or extension; or as a result of the alteration or extension.

On receipt of the application together with the prescribed fee and an indication of the matters referred to in subsection (5)(a) and (b), the Secretary – may give 'in principle' approval to the alteration or extension and, if necessary, amend the licence to reflect the construction work to be undertaken in relation to the alteration or extension; or refuse to approve the alteration or extension.

If 'in principle' approval is given under subsection (6), the licensee, on completion of the alteration or extension, is to give the Secretary a copy of the certificate of completion (building work) under the Building Act 2016 within 14 days of the certificate being issued under that section.

On receipt of the certificate of completion (building work), and if the alteration or extension substantially complies with the application, the Secretary is to endorse the licence and, if necessary, amend the licence to reflect the changes effected by the alteration or extension.

If a material alteration to or extension of the licensed establishment is made without the prior 'in principle' approval of the Secretary, the Secretary may cancel the licence under section 30.

Notwithstanding subsection (9), a licensee may on payment of the prescribed late application fee make a late application for the approval of any material alteration to or extension of the establishment that has been commenced without the 'in principle' approval of the Secretary.

The Secretary may accept a late application for approval referred to in subsection (10) and subsections (5), (6), (7) and (8) apply as if the late application were an application under subsection (2).