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s 75

Terms used

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Part 6Work affecting other land
Division 1Terms used

75 Terms used

In this Part —

boundary retaining wall means a retaining wall on, or close to either side of, a boundary of works land;

business day means a day other than Saturday, Sunday or a public holiday;

dividing fence means a dividing fence as defined in the Dividing Fences Act 1961 section 5;

party wall means a wall that is wholly or partly on a boundary of works land and that is a wall of a building on works land and a wall of a building beyond the boundary;

person responsible, in relation to work —

(a)

if a building permit is in effect for the work, means the person named as the builder on the permit; or

(b)

if a demolition permit is in effect for the work, means the person named as the demolition contractor on the permit; or

(c)

if neither a building permit nor a demolition permit is in effect for the work, means each owner of the land on which the work is done;

protection structure means any thing placed into or onto land beyond the boundaries of works land the purpose of which is to prevent, or minimise the risk of, works land or any other land being adversely affected by the work;

substantial dividing fence means a dividing fence, between works land and other land, that was constructed under a building permit, building licence or other approval that was granted in respect of the construction of the fence under the written law applicable at the time of its construction;

work means —

(a)

building work; or

(b)

demolition work; or

(c)

the changing of ground levels of land to an extent that could adversely affect other land;

works land, in relation to work, means land on which the work is done or is to be done.

[Section 75 amended: No. 37 of 2012 s. 15.]

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