TASIn ForceAct
Building Act 2016
9Minister to approve certain statutory rules &c.
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### 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.
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> > (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)](#GS9@Gs1@EN) is of no effect.
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> > (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.
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> > (4) A condition that relates to the technical requirements of the design or construction of a building, building work or plumbing work that –
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> > > > (a) is imposed on a permit issued under the *Land Use Planning and Approvals Act 1993*; and
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> > > > (b) has not been approved under [subsection (3)](#GS9@Gs3@EN) as required before it was imposed on the permit –
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> > is of no effect unless the condition has been retrospectively approved by the Minister.
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> > (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)](#GS9@Gs4@EN) , if the person has not been informed by the Minister in writing that the condition is of no effect.
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> > (6) The Minister may certify that –
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> > > > (a) [subsection (1)](#GS9@Gs1@EN) 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
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> > > > (b) [subsection (3)](#GS9@Gs3@EN) 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 *Land Use Planning and Approvals Act 1993*.