22Deciding applications

22 Deciding applications

22 Deciding applications

(1) An approval authority must not issue a building approval for building work unless—

(a) the application for the approval has been made in accordance with this part, and

(b) the approval authority is appointed for the building work, and

(c) for building work carried out under a development consent—

(i) the development consent is in force, and

(ii) the building work is consistent with the development consent, and

(iii) the conditions of the development consent required to be complied with before an approval may be issued have been complied with, and

(d) the building work, if carried out in accordance with the approval, will comply with the Building Code of Australia as in force—

(i) when the application is made, or

(ii) for staged building work—when the application for the first stage is made, and

(e) if a long service levy is payable under the Building and Construction Industry Long Service Payments Act 1986, section 34 in relation to the building work—

(i) the levy has been paid, or

(ii) for a levy payable by instalments—the first instalment of the levy has been paid, and

(f) if the regulations require a site inspection to be carried out—the site inspection has been carried out at the time required by the regulations, and

(g) other requirements prescribed by the regulations are satisfied.

Maximum penalty—

(a) for an individual—600 penalty units, or

(b) otherwise—3,000 penalty units.

(2) The regulations may apply a different version of the Building Code of Australia to a building approval rather than the version referred to in subsection (1)(d)(i) or (ii).