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 > > > > > (b) amend the notice by a further notice given to the consent authority or certifier. > > > (8) Action taken in accordance with a notice under subsection (7) is as valid as it would be if the consent authority or certifier had obtained the concurrence of the Secretary. > > > (9) An exemption or direction given by the consent authority or certifier under this section must be given subject to, and must not be inconsistent with, a condition to which the concurrence of the Secretary is subject. > > > (10) In this section— > > > > Secretary has the same meaning as in the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063). > > **s 117:** Am 2022 (788), Sch 1\[38\] \[39\].