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s 193

Neglected buildings

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

193 Neglected buildings

(1)

In this section —

notice means a notice under section 408(1) 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 408(3) 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 408(4) 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), section 408(5) to (8) of the former provisions do not apply in relation to an order made under section 408(4) of the former provisions on or after commencement day, in which case section 118 applies.

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