195Applications for certificate of occupancy under repealed Act

195 Applications for certificate of occupancy under repealed Act (1) This section: (a) applies in relation to building work approved or commenced before 1 September 1993; and (b) applies despite section 170. (2) If, before the commencement, a repealed Act occupancy application had been made in relation to building work but the application had not been determined, the application: (a) is taken to be an application for occupancy certification; and (b) must be determined under Part 8 of this Act as in force after (3) After the commencement: (a) a repealed Act occupancy application must not be made in relation to building work; but (b) an application for occupancy certification under Part 8 of this Act as in force after the commencement may be made in relation to the work. (4) For the purposes of determining an application mentioned in subsection (2) or (3): (a) a reference in Part 8 to a building permit granted for building work is taken to be a reference to a building approval given under Part III of the repealed Act; and (b) a reference to a requirement under the Act or the Regulations (however expressed) in that Part, except as set out in the Table to this section, is taken to be a reference to such a requirement: (i) under the repealed Act, or the regulations made under the repealed Act; and (ii) that was in force when the building work was approved or commenced.

Building Act 1993 136 Table of exceptions Provision Reference 1 70(2)(c)(ii) criteria prescribed by regulation 2 72B(1)(a) building of a class prescribed by regulation 3 72B(1)(e) further criteria prescribed by regulation 4 72C(c) criteria mentioned in section 72B(1)(e) 5 Division 3 any requirements 6 76C Schedule 3