Building Act 2011

In this section —

The Building Commissioner may, in writing and on the application of another person declare that —

a specified building standard does not apply to a specified building, specified incidental structure or specified demolition work; or

a building standard that applies to a specified building, specified incidental structure or specified demolition work is modified in a specified way.

A declaration has effect in accordance with its terms.

The Building Commissioner must not make a declaration unless satisfied that the declaration would not result in an increased risk to people, property or the environment and that making the declaration —

is in the public interest; or

is consistent with the purpose of any other written law or a Commonwealth law.

A declaration may be made subject to specified conditions.

If a declaration is made subject to a specified condition, the declaration has no effect at any time when the condition is being contravened.

The Building Commissioner may, by notice in writing, revoke or amend a declaration at any time and must serve the applicant for the original declaration with a copy of the notice.

An application for a declaration must be made in an approved manner and form and accompanied by —

the prescribed fee, if any, for the application; and

each other thing that is prescribed to accompany the application.

The regulations may provide for matters relating to —

dealing with applications including giving notice of the right of review under section 120; and

the grounds for revoking or amending a declaration.

The Building Commissioner must keep a register of every declaration made and make the register available, without charge, for public inspection.