117Determination of objections

117 Determination of objections

117 Determination of objections

(1) If the consent authority or certifier is satisfied an objection lodged under section 116 is well-founded, it may—

(a) exempt the development, either conditionally or unconditionally, from a specified provision of the Building Code of Australia, as applied by a relevant provision, and

(b) direct that specified requirements apply to the building work.

(2) If a consent authority or certifier grants an exemption subject to a condition, the consent authority or certifier must ensure the condition is included in the building work plans and specifications by—

(a) redrawing the plans and specifications, or

(b) annotating the relevant part of the plans and specifications, including by inserting, deleting or altering matter.

(3) Subsection (2) applies only if the condition can be given effect to by being included in the building work plans and specifications.

(4) If the condition cannot be included in the building work plans and specifications—

(a) the consent authority or certifier must, if granting development consent for development referred to in section 115(1)(a) or (b), grant development consent subject to the condition, or

(b) the certifier must, if issuing a construction certificate for development referred to in section 115(1)(c), issue the construction certificate subject to the condition.

Maximum penalty (subsection (4)(b))—

(a) for a corporation—150 penalty units, or

(b) for an individual—75 penalty units.

(5) A consent authority or certifier may take action under this section only with the concurrence of the Secretary.

(6) Concurrence is to be assumed if at least 40 days have passed since concurrence was sought and the Secretary has not, within that period, expressly refused concurrence.

(7) The Secretary may—

(a) give notice to the consent authority or certifier that concurrence may be assumed, in relation to a class of objections, subject to the conditions specified in the notice, and