50BSite work without adequate development approval—

50B Site work without adequate development approval— people (1) A certifier who is a person commits an offence if— (a) the certifier issues a building approval or approves amended (b) the site work proposed in the approved plans requires

(c) when the building approval is issued or the amended plans are approved, there is no development approval for the site work if carried out in accordance with the plans. Plans for a house show the ground level around the house as relatively flat and level, and the house being not more than 9m tall at any point. The plans do not show structural details, but receive development approval for construction of the house. Structural plans for the house that accompany the application for building approval show the ground around the house slopes steeply and, because of this, one end of the house is 10m tall. If the house is built in accordance with the structural plans, the building work would not have development approval because the development approval authorises building work that is 9m tall and the house built in accordance with the structural plans is 10m tall. If the certifier issues the building approval, the certifier commits an offence. (2) A certifier who is a person commits an offence if— (a) the certifier issues a building approval or approves amended (b) the approved plans are defective because they— (i) contain information that is false or inaccurate in a material respect; or (ii) omit information required to be shown in the plans; and (c) if the plans were not defective, the certifier would have contravened subsection (1).

(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves that the defendant— (a) took all reasonable steps to find out whether the site work, if carried out in accordance with the approved plans, required (b) was satisfied on reasonable grounds that the development did not require development approval. (4) For subsection (3) (b), a defendant is taken to be satisfied on reasonable grounds if the defendant proves that the defendant relied on an exemption assessment D notice, issued not more than 3 months before the day the application for building approval was made, stating that the development did not require development approval. (5) Subsection (4) applies whether or not the exemption assessment D notice was incorrect, unless the prosecution establishes that the defendant knew, or could reasonably be expected to have known, that the notice was incorrect. (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that the defendant— (a) took all reasonable steps to find out if the approved plans were defective; and (b) was satisfied on reasonable grounds that the plans were not defective. (7) To remove any doubt, if a building approval indicates that something is not to have work done in relation to it, or is not part of the building approval, the certifier does not commit an offence under this section in relation to the thing. (8) An offence against subsection (1) or (2) is a strict liability offence.