ACTIn ForceRegulation
Building (General) Regulation 2008
22Consultation required in relation to proposed building
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22 Consultation required in relation to proposed building
work—Act, s 152 (3) (c)
(2) The certifier must be satisfied on reasonable grounds that the
following consultations have been undertaken in relation to the
proposed building work:
(a) if applicable, consultation with the relevant directors-general in
relation to—
(i) procedures to be used in the demolition of any class 2,
class 3, class 4, class 5, class 6, class 7, class 8 or class 9
building; and
(ii) any waste management plan provided in the application;
and
(iii) any asbestos removal control plan provided in the
application;
(b) if it is proposed that the new building, or new part of the
building, is to be used as licensed premises—consultation with
the commissioner for fair trading in relation to—
(i) occupancy loading for public areas at the premises; and
(ii) kitchen facilities at the premises; and
(iii) liquor serving counters at the premises; and
(iv) toilet facilities and toilet rooms at the premises;
(c) if it is proposed that the new building, or new part of the
building, is to be used as permitted premises—consultation with
the commissioner for fair trading in relation to occupancy
loading for public areas at the premises;
(d) consultation with the chief health officer in relation to the
application of any health law to the proposed new building or
new part of the building;
(e) consultation with the environment protection authority if—
(i) the new building or new part of the building is to be used
to conduct a class A or class B activity; or
(ii) an accredited code of practice applies to an activity to be
carried out in the new building or new part of the building.
(3) The certifier has reasonable grounds to be satisfied that consultations
mentioned in subsection (2) in relation to proposed building work
have been undertaken if the certifier is satisfied on reasonable
grounds that sufficient consultation in relation to the work has taken
place as part of a development application under the Planning
Act 2023.
(4) If subsection (3) applies to consultation with an entity in relation to
proposed building work, the certifier must not require additional
consultation with the entity.
(5) The certifier may be satisfied on reasonable grounds that an entity has
been consulted under subsection (2) in relation to an application for
building approval if—
(a) a copy of the application is given to the entity required to be
consulted; and
(b) 10 working days have elapsed after the day the copy was given.
(6) In this section:
accredited code of practice means a code of practice accredited under
the Environment Protection Act 1997, section 31 (1).
class A activity means an activity listed in the Environment
Protection Act 1997, schedule 1, table 1.2.
class B activity means an activity listed in the Environment
Protection Act 1997, schedule 1, table 1.3.
health law means a territory law that has as 1 of its objects or
purposes the protection of public health.
licensed premises—see the Liquor Act 2010, dictionary.
liquor serving counter, at premises—see the Liquor Regulation
2010, dictionary.
occupancy loading, for a public area at licensed premises or
permitted premises—see the Liquor Act 2010, dictionary.
permitted premises—see the Liquor Act 2010, dictionary.
relevant directors-general means the following:
(a) the director-general of the administrative unit responsible for
municipal services;
(b) the director-general of the administrative unit responsible for the
Dangerous Substances Act 2004;
(c) the director-general of the administrative unit responsible for the
Work Health and Safety Act 2011.
toilet facility—see the Liquor Regulation 2010, schedule 1,
section 1.1.
toilet room—see the Liquor Regulation 2010, schedule 1, section 1.1.