192BDeclaration prohibiting use of high risk external wall cladding products

192B Declaration prohibiting use of high risk external wall cladding products

(1) The Minister may, by notice published in the Government Gazette, declare that an external wall cladding product is prohibited from being used by any person in the course of carrying out any building work in connection with the construction of a building.

(2) A declaration under subsection (1) does not apply in relation to the use of an external wall cladding product under a permit in respect of which the application for the permit was made to the relevant building surveyor before the declaration took effect.

(3) The Minister may make a declaration under subsection (1) if the Minister is satisfied that use of the external wall cladding product is or will likely cause—

(a) occupants of the building to be at risk of death or serious injury; or

(b) occupants of neighbouring buildings to be at risk of death or serious injury; or

(c) members of the public to be at risk of death or serious injury; or

(d) property to be at risk of severe damage.

(4) A risk referred to in subsection (3) may arise from the use of the external wall cladding product in particular circumstances or because of a certain event including a fire.

(5) A declaration under this section may apply in relation to—

(a) a specified use, a class of use or all uses of the external wall cladding product; or

(b) a specified building or a specified class of building; or

(c) specified persons or a specified class of persons.

(6) A declaration under this section may be subject to conditions.

(7) A declaration under this section must include the Minister's reasons for making the declaration.

(8) At least 48 hours before publishing a declaration under this section in the Government Gazette, the Minister must publish a notice on the Internet that—

(a) includes a draft of the proposed declaration; and

(b) a statement that the Minister intends to make the declaration in no less than 48 hours after the publication of the notice—

unless the Minister believes that the risk of using the external wall cladding product is so serious that in the interests of public safety the declaration must be made immediately.

(9) A declaration under this section takes effect on the later of the following—

(a) the date the declaration is published in the Government Gazette;

(b) any later date specified in the declaration.

(10) Before a declaration is made under this section, the Minister may publish a draft of the proposed declaration on the Internet that includes—