9Minister to approve certain statutory rules &c.

9 Minister to approve certain statutory rules &c.

(1)  A regulation, or rule or by-law, that relates to the technical requirements of the design or construction of a building, building work or plumbing work must not be made under any Act without the approval of the Minister unless that Act expressly provides to the contrary.

(2)  A regulation, or rule or by-law, that relates to the technical requirements of the design or construction of a building, building work or plumbing work that is not made in compliance with subsection (1) is of no effect.

(3)  A condition that relates to the technical requirements of the design or construction of a building, building work or plumbing work may not be imposed on a permit issued under the Land Use Planning and Approvals Act 1993 without the approval of the Minister unless that Act expressly provides to the contrary.

(4)  A condition that relates to the technical requirements of the design or construction of a building, building work or plumbing work that –

(a) is imposed on a permit issued under the Land Use Planning and Approvals Act 1993; and

(b) has not been approved under subsection (3) as required before it was imposed on the permit –

is of no effect unless the condition has been retrospectively approved by the Minister.

(5)  A person is not guilty of an offence under this Act, or the Land Use Planning and Approvals Act 1993, in relation to any act performed, or failure to act, by the person in accordance with a condition, that is of no effect by virtue of subsection (4) , if the person has not been informed by the Minister in writing that the condition is of no effect.

(6)  The Minister may certify that –

(a) subsection (1) does not apply to a regulation, or rule or by-law, that relates only incidentally to the technical requirements of the design or construction of a building, building work or plumbing work; or

(b) subsection (3) does not apply to a condition, or a class of conditions, that relates to the technical requirements of the design or construction of a building, building work, plumbing work or demolition work, that may be imposed on a permit issued under the .