Building orders
122 Building orders
A person who is served with a copy of a building order may apply to the State Administrative Tribunal for a review of the decision of the permit authority —
to make the building order; or
in relation to a requirement of the order.
The institution of a proceeding for the review of a decision under subsection (1) in relation to a building order other than a building order (emergency) stays the operation of the order pending the determination of the proceeding.
123. SAT may disapply or modify subsidiary legislation about building etc.
In this section —
building regulation or local law means —
a regulation under this Act; or
a local law made by a local government under the Local Government Act 1995 about building work, demolition work, a standard for the construction or demolition of buildings or incidental structures, or the use and maintenance of, and requirements in relation to, existing buildings or incidental structures.
The State Administrative Tribunal may order that any provision of a building regulation or local law —
does not apply in a particular case; or
applies in a particular case as modified by the order.
An order under subsection (2) may be made —
only for the purpose of enabling effect to be given to an order made by the Tribunal on an application under section 119, 121(1) or 122(1); and
only if, in the opinion of the Tribunal, the circumstances of the case warrant the making of the order.
An order under subsection (2) has effect according to its tenor, despite anything in this Act or the Local Government Act 1995.
This section does not limit the powers given by the State Administrative Tribunal Act 2004 to the Tribunal.
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