Local governments not to issue building licences in certain circumstances
374AAA Local governments not to issue building licences in certain circumstances
A local government must not issue a building licence to commence or proceed with any building work unless the licence is issued to a person who —
is a building service contractor, as defined in the Building Services (Registration) Act 2011 section 3, registered in a class of building service contractor prescribed by the regulations for the purposes of this section; or
has been granted owner-builder approval, as defined in the Building Services (Registration) Act 2011 section 38, to carry out the building work.
Subsection (1) does not apply in respect of a building licence for building work —
with a value of less than $20 000; or
that is to be carried out in an area of the State prescribed by the regulations for the purposes of this section.
A person who for the purposes of obtaining or attempting to obtain a building licence from a local government makes a representation or statement that is false in a material particular in relation to —
the value of building work to be carried out under the building licence; or
the fee or charge payable in respect of the carrying out of the building work; or
whether the person is registered, or has been granted approval, under the Building Services (Registration) Act 2011,
commits an offence.
Penalty: a fine of $10 000.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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