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Building Act 2004
63ADemolition orders—affected residential premises and
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63A Demolition orders—affected residential premises and
eligible impacted property
(1) This section applies to the following buildings:
(a) a building that—
(i) is listed on the affected residential premises register; and
(ii) is—
(A) vested in, or subject to the control of, the Territory; or
(B) acquired by the Territory under the buyback scheme;
(b) a building that—
(i) is an eligible impacted property; and
(ii) is acquired by the Territory under the eligible impacted
property buyback program.
(2) The custodian of the land on which the building is located may apply
to the construction occupations registrar for an order (a demolition
order) to demolish the building.
(3) Before applying to the construction occupations registrar for a
demolition order, the custodian of the land on which the building is
located must consult with the relevant directors-general in relation
to—
(a) the asbestos removal control plan (if required); and
Note Asbestos removal control plan—see the dictionary.
(b) the waste management plan.
(4) An application must be accompanied by—
(a) details of the methods to be used in carrying out the demolition,
including a work plan in accordance with AS 2601 (The
demolition of structures), as in force from time to time; and
(b) the plans for the demolition, prepared in accordance with the
prescribed requirements; and
(c) for a building mentioned in subsection (1) (a)— a copy of the
asbestos assessment report for premises to which the demolition
relates; and
(d) the asbestos removal control plan (if required); and
(e) the waste management plan; and
(f) if a regulation prescribes that an entity’s advice on the
application must be sought—the entity’s advice.
(5) The construction occupations registrar may issue a demolition order
for demolition of the building if satisfied on reasonable grounds
that—
(a) the consultation required under subsection (3) has happened;
and
(b) a building approval is not necessary.
Example—building approval is necessary
The demolition of half a duplex has complex safety issues. The construction
occupations registrar is not satisfied that the demolition can be carried out safely
without inspection and certification by a certifier. As the registrar is not satisfied
that a building approval is necessary, the registrar may not issue a demolition
(6) The construction occupations registrar may be satisfied on reasonable
grounds that the consultation required under subsection (3) has
happened if—
(a) a copy of the asbestos removal control plan (if required) and the
waste management plan is given to the relevant directors-
general; and
(b) 10 working days have elapsed after the day the copy was given.
(7) A demolition order is in force for 2 years after the day the order is
issued.
(8) The Legislation Act, section 47 (6) does not apply in relation to an
Australian Standard, or an Australian/New Zealand Standard,
applied, adopted or incorporated as in force from time to time under
this section.
Note The standard may be purchased at www.standards.org.au.
(9) In this section:
affected residential premises register—see the Dangerous
Substances Act 2004, section 47P (1).
buyback scheme—see the Dangerous Substances Act 2004,
section 47I.
eligible impacted property—see the Civil Law (Sale of Residential
Property) Act 2003, section 9A (1).
eligible impacted property buyback program—see the Civil Law
(Sale of Residential Property) Act 2003, section 9A (1).
relevant directors-general means the following:
(a) the director-general of the administrative unit responsible for
municipal services;
(b) the director-general of the administrative unit responsible for the
Dangerous Substances Act 2004;
(c) the director-general of the administrative unit responsible for the
Work Health and Safety Act 2011.