Australian Capital Territory Numbered Regulations

BUILDING REGULATIONS 2004 (NO 34 OF 2004) - REG 15

    (1)     The following consultations must take place or consents or approvals be obtained in relation to proposed building work:

        (a)     any consent or approval required under a Territory law in relation to the work;

        (b)     if the work is, or forms part of, a development requiring approval under the Land Act, part 6.2—approval of the development;

        (c)     if the approval mentioned in paragraph (b) contains conditions precedent to starting the building work—compliance with those conditions;

        (d)     if the parcel of land is in a designated area—approval under the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), section 12;

        (e)     if the work involves the erection or alteration of a lift—a permit under the Scaffolding and Lifts Regulations 1950 , regulation 17 ;

        (f)     consultation with ACTEW Corporation Limited in relation to—

              (i)     the demolition of any building to which electricity, water or sewerage services are supplied or to which an electricity or water meter is connected; and

              (ii)     any encroachment of the proposed building or proposed new part of the building onto an easement; and

              (iii)     the disposal of any non-domestic waste into the sewerage system;

        (g)     consultation with the fire commissioner and the chief fire control officer in relation to—

              (i)     any use of an alternative solution in relation to a provision of the building code which deals with fire protection; and

              (ii)     any proposed building or proposed new part of a building, as the case requires, with a floor area exceeding 500m ² that is not a class 1 or class 10 building;

        (h)     consultation with the chief executive responsible for urban services in relation to—

              (i)     procedures to be used in the demolition of any building of class 2, class 3, class 4, class 5, class 6, class 7, class 8 or class 9; and

              (ii)     any waste management plan provided in the application;

              (i)     if it is proposed that the new building or new part of the building is to be used for the sale or supply of liquor—consultation with the registrar of liquor licences in relation to occupancy loading and kitchen, bar and toilet facilities;

        (j)     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;

        (k)     consultation with the environment protection authority if—

              (i)     it is proposed that 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 is applicable to an activity intended to be carried out in the new building or new part of the building.

    (2)     It is sufficient compliance with the obligation to consult under subregulation (1) (f), (g), (h), (i), (j) or (k) if—

        (a)     notification of the details of an application for a building approval is given to the person with whom consultation is to take place; and

        (b)     10 working days have elapsed since it has been given.

    (3)     In this regulation:

accredited code of practice means a code 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, clause 2.

"class B activity "means an activity listed in the Environment Protection Act 1997 , schedule 1, clause 3.

"designated area"—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).

health law means a Territory law that has as 1 of its objects or purposes the protection of public health.