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s 192

Dangerous buildings

In force
Part 16Transitional provisions
Division 1Transitional provisions arising from the enactment of the Building Act

192 Dangerous buildings

(1)

In this section —

notice means a notice under section 403(4) of the former provisions.

(2)

A notice that was served on the owner and the occupier of a building before commencement day is, on and from commencement day, to be taken to be a copy of a building order served on those persons.

(3)

Section 111 does not apply to a notice taken to be a building order under subsection (2).

(4)

A review under section 403(6) of the former provisions that was started, but not finalised, before commencement day must be dealt with as if the former provisions had not been amended by Part 15 Division 1, and if the decision to make the requisition is affirmed or varied on the review —

(a)

the notice is to be taken to be a building order on the terms applying to the requisition or the requisition on its variation; and

(b)

section 118 applies in relation to non‑compliance with an order made on the review.

(5)

An application under section 404 of the former provisions that was started, but not finalised, before commencement day must be dealt with as if the former provisions had not been amended by Part 15 Division 1.

(6)

Despite the Interpretation Act 1984 section 37(1) —

(a)

in section 404 of the former provisions the passage “and if the order is not complied with by the person to whom it is directed, within the time so fixed, the local government may cause the building, or so much of it as is in a dangerous condition, to be taken down, repaired or otherwise secured in such manner as is necessary,”; and

(b)

section 405(1) of the former provisions,

do not apply in relation to an order made under section 404 of the former provisions on or after commencement day, in which case section 118 applies.

(7)

Despite the Interpretation Act 1984 section 37(1), on or after commencement day a building cannot be sold under section 405(2) of the former provisions unless an agreement for the sale of the building had been made before commencement day.

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