sec.160AWho is an enforcement authority

### sec.160A Who is an enforcement authority For this chapter, an enforcement authority is— for assessable development the subject of a development approval other than a development approval mentioned in paragraph (b) —any of the following persons— the prescribed assessment manager or the chosen assessment manager for the development application; a referral agency; if the chief executive is the prescribed assessment manager for the development application or a referral agency—a person the chief executive nominates to be an enforcement authority under subsection (2) ; if a private certifier (class A) performed private certifying functions for the application for the approval under the Building Act —the certifier or the local government; or For the enforcement authority for development under a development approval that was a PDA development approval, see the Economic Development Act 2012 , section 51AI . for assessable development the subject of a development approval given or changed under a call in provision or by the chief executive under chapter 3 , part 6A —a person the chief executive nominates to be an enforcement authority under subsection (2) ; or for assessable development that is not the subject of a development approval—a person who would be an enforcement authority under paragraph (a) if a development approval was given for the development; or for building work or plumbing work carried out by or for a public sector entity—the chief executive, however described, of the entity; or for any other matter—the local government. See also section 106ZG . The chief executive may, by notice given to a person, nominate the person to be an enforcement authority. The notice under subsection (2) may state that the person is an enforcement authority in relation to a particular matter only. The notice may state that the person is an enforcement authority in relation to— a particular development approval only or a particular class of development approvals only; or a particular condition of a development approval only. Despite subsection (1) — a referral agency is an enforcement authority for assessable development in relation to matters within the agency’s functions for a development application for the development only; and if a notice under subsection (2) states that a person is an enforcement authority in relation to a particular matter only—the person is an enforcement authority in relation to the particular matter only. In this section— private certifier (class A) means a private certifier whose licence under the Building Act has development approval endorsement under that Act. s 160A ins 2025 No. 14 s 24 (sec.160A-ssec.1) For this chapter, an enforcement authority is— for assessable development the subject of a development approval other than a development approval mentioned in paragraph (b) —any of the following persons— the prescribed assessment manager or the chosen assessment manager for the development application; a referral agency; if the chief executive is the prescribed assessment manager for the development application or a referral agency—a person the chief executive nominates to be an enforcement authority under subsection (2) ; if a private certifier (class A) performed private certifying functions for the application for the approval under the Building Act —the certifier or the local government; or For the enforcement authority for development under a development approval that was a PDA development approval, see the Economic Development Act 2012 , section 51AI . for assessable development the subject of a development approval given or changed under a call in provision or by the chief executive under chapter 3 , part 6A —a person the chief executive nominates to be an enforcement authority under subsection (2) ; or for assessable development that is not the subject of a development approval—a person who would be an enforcement authority under paragraph (a) if a development approval was given for the development; or for building work or plumbing work carried out by or for a public sector entity—the chief executive, however described, of the entity; or for any other matter—the local government. See also section 106ZG . (sec.160A-ssec.2) The chief executive may, by notice given to a person, nominate the person to be an enforcement authority. (sec.160A-ssec.3) The notice under subsection (2) may state that the person is an enforcement authority in relation to a particular matter only. The notice may state that the person is an enforcement authority in relation to— a particular development approval only or a particular class of development approvals only; or a particular condition of a development approval only. (sec.160A-ssec.4) Despite subsection (1) — a referral agency is an enforcement authority for assessable development in relation to matters within the agency’s functions for a development application for the development only; and if a notice under subsection (2) states that a person is an enforcement authority in relation to a particular matter only—the person is an enforcement authority in relation to the particular matter only. (sec.160A-ssec.5) In this section— private certifier (class A) means a private certifier whose licence under the Building Act has development approval endorsement under that Act. - (a) for assessable development the subject of a development approval other than a development approval mentioned in paragraph (b) —any of the following persons— (i) the prescribed assessment manager or the chosen assessment manager for the development application; (ii) a referral agency; (iii) if the chief executive is the prescribed assessment manager for the development application or a referral agency—a person the chief executive nominates to be an enforcement authority under subsection (2) ; (iv) if a private certifier (class A) performed private certifying functions for the application for the approval under the Building Act —the certifier or the local government; or Note— For the enforcement authority for development under a development approval that was a PDA development approval, see the Economic Development Act 2012 , section 51AI . - (i) the prescribed assessment manager or the chosen assessment manager for the development application; - (ii) a referral agency; - (iii) if the chief executive is the prescribed assessment manager for the development application or a referral agency—a person the chief executive nominates to be an enforcement authority under subsection (2) ; - (iv) if a private certifier (class A) performed private certifying functions for the application for the approval under the Building Act —the certifier or the local government; or - (b) for assessable development the subject of a development approval given or changed under a call in provision or by the chief executive under chapter 3 , part 6A —a person the chief executive nominates to be an enforcement authority under subsection (2) ; or - (c) for assessable development that is not the subject of a development approval—a person who would be an enforcement authority under paragraph (a) if a development approval was given for the development; or - (d) for building work or plumbing work carried out by or for a public sector entity—the chief executive, however described, of the entity; or - (e) for any other matter—the local government. - (i) the prescribed assessment manager or the chosen assessment manager for the development application; - (ii) a referral agency; - (iii) if the chief executive is the prescribed assessment manager for the development application or a referral agency—a person the chief executive nominates to be an enforcement authority under subsection (2) ; - (iv) if a private certifier (class A) performed private certifying functions for the application for the approval under the Building Act —the certifier or the local government; or - (a) a particular development approval only or a particular class of development approvals only; or - (b) a particular condition of a development approval only. - (a) a referral agency is an enforcement authority for assessable development in relation to matters within the agency’s functions for a development application for the development only; and - (b) if a notice under subsection (2) states that a person is an enforcement authority in relation to a particular matter only—the person is an enforcement authority in relation to the particular matter only.