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s 113

Limitation on effect of building order

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Part 8Enforcement
Division 5Building orders

113 Limitation on effect of building order

(1)

A building order is of no effect to the extent that it is inconsistent with a court order made under section 86(2).

(2)

A building order is not to be made under section 112(2)(b), (c) or (d) for a building or incidental structure in respect of which unauthorised work, as defined in section 51(1), has been done if —

(a)

an occupancy permit or a building approval certificate for the building or incidental structure has been granted; or

(b)

an application for an occupancy permit or a building approval certificate for the building or incidental structure has been made but not decided by the permit authority; or

(c)

the period in which to apply for a review under section 121 has not expired; or

(d)

an application for a review under section 121 has been made but not decided by the State Administrative Tribunal.

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