50ANotification by certifier of possible noncompliant site

50A Notification by certifier of possible noncompliant site work (1) A certifier must tell the territory planning authority if— (a) the certifier suspects that— (i) site work does not comply with, or is likely to produce a building that does not comply with, approved building (ii) the site work is development requiring development (i) there is no development approval for the site work; or (ii) if there is development approval in relation to the site work—the site work has been done, or is likely to be done, in a way that will not comply with, or is likely to produce a result that will not comply with, the development (c) the certifier is certifier for building work at the land where the site work has been carried out. 1 The certifier for building work for a residence on land notices that a large tree on the land has been removed to build the residence. The approved plans for the building work indicate that the tree exists and do not indicate that the tree is to be removed. The certifier suspects that removal of the tree required development approval and suspects that there is no development approval for the tree’s removal. The certifier must report the suspicion. 2 The certifier for building work on a parcel of land notices that formwork is being set up for a proposed concrete driveway on the same parcel. The driveway requires development approval because of its location. The certifier suspects there is no development approval for the driveway. The certifier must report the suspicion. Note Notice of a suspicion of noncompliant site work given under this section is taken to be a complaint made under the Planning Act 2023, s 413. (2) Subsection (1) applies whether or not a notice under section 44 (2) (a) (Stage inspections) has been given in relation to the matter. (3) For subsection (1) (a) (ii), a certifier may rely on an exemption assessment D notice issued not more than 3 months earlier. Note An exemption assessment D notice states whether a development is exempt from requiring development approval (see Planning Act 2023, s 152 (2) (b) (i)). (4) Subsection (3) applies whether or not the exemption assessment D notice was incorrect if the certifier was not aware, and could not reasonably have been aware, that the notice was incorrect. (5) To remove any doubt, for this section, a certifier is not required to— (a) inspect or investigate anything not associated with working out if a building or building work for which the certifier has been appointed certifier complies with this Act; and (b) work out if something complies, or does not comply, with a law other than this Act (unless this Act requires something to comply with another law); and (c) find out whether there is development approval for building