sec.77Duty to sight approved form

sec.77 Duty to sight approved form

This section applies if an application is made to— an assessment manager, for a development permit under the Planning Act that authorises building work, plumbing or drainage work or operational work as defined under that Act; or a local government, for a permit under the Plumbing and Drainage Act 2018 that authorises plumbing or drainage work for which a development permit under the Planning Act is not required. The assessment manager or local government (the relevant authority ) must not give the development permit or permit unless the relevant authority has seen— an approved form issued by the authority that clearly shows— that the levy or the first instalment of the levy has been paid; or that an exemption from payment of the levy exists in relation to the work; or that an exemption from immediate payment of levy exists in relation to the work; or written advice from the authority stating something mentioned in paragraph (a) . Maximum penalty—40 penalty units. The assessment manager or local government is entitled to be paid remuneration by the authority for carrying out its duty under this section at the rate prescribed by regulation. Subsection (2) does not apply to an application about building and construction work if no levy is payable for the work under section 70 (2) . In this section— assessment manager , for an application mentioned in subsection (1) (a) , means— the assessment manager for the application under the Planning Act ; or if a private certifier (class A) is, under the Building Act 1975 , section 11 (2) , the assessment manager for the application—the private certifier (class A). s 77 ins 1993 No. 66 s 6 amd 1994 No. 65 s 23 ; 1994 No. 65 s 3 sch ; 1998 No. 13 s 34 ; 2000 No. 4 s 16 ; 2000 No. 61 s 55 ; 2005 No. 27 s 22 ; 2009 No. 36 s 872 sch 2 ; 2014 No. 30 s 8 ; 2016 No. 27 s 119 ; 2018 No. 17 s 197 sch 2 (sec.77-ssec.1) This section applies if an application is made to— an assessment manager, for a development permit under the Planning Act that authorises building work, plumbing or drainage work or operational work as defined under that Act; or a local government, for a permit under the Plumbing and Drainage Act 2018 that authorises plumbing or drainage work for which a development permit under the Planning Act is not required. (sec.77-ssec.2) The assessment manager or local government (the relevant authority ) must not give the development permit or permit unless the relevant authority has seen— an approved form issued by the authority that clearly shows— that the levy or the first instalment of the levy has been paid; or that an exemption from payment of the levy exists in relation to the work; or that an exemption from immediate payment of levy exists in relation to the work; or written advice from the authority stating something mentioned in paragraph (a) . Maximum penalty—40 penalty units. (sec.77-ssec.3) The assessment manager or local government is entitled to be paid remuneration by the authority for carrying out its duty under this section at the rate prescribed by regulation. (sec.77-ssec.4) Subsection (2) does not apply to an application about building and construction work if no levy is payable for the work under section 70 (2) . (sec.77-ssec.5) In this section— assessment manager , for an application mentioned in subsection (1) (a) , means— the assessment manager for the application under the Planning Act ; or if a private certifier (class A) is, under the Building Act 1975 , section 11 (2) , the assessment manager for the application—the private certifier (class A).