63ADemolition orders—affected residential premises and

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 . (9) In this section: affected residential premises register—see the Dangerous Substances Act 2004, section 47P (1).