Australian Capital Territory Numbered Regulations

CONSTRUCTION OCCUPATIONS (LICENSING) AMENDMENT REGULATION 2016 (NO 1) (NO 36 OF 2016) - REG 4

substitute

16     Eligibility to be owner-builder

    (1)     An individual is eligible to be an owner-builder only if—

        (a)     the individual owns the land where the building work allowed under the owner-builders licence is proposed to be undertaken; and

        (b)     the building work has building approval under the Building Act 2004

; and

        (c)     the individual has not been issued with an owner-builders licence in relation to other land (a previous licence ) in the 5 years before applying for the owner-builders licence (the current licence ).

    (2)     Despite section (1) (c), an individual issued with a previous licence in the 5 years before applying for the current licence is eligible to be an owner-builder if the individual no longer holds the previous licence and—

        (a)     if—

              (i)     the work allowed under the previous licence related to affected residential premises or a class 10 building associated with those premises; and

              (ii)     the affected residential premises were acquired by the Territory from the individual under the buyback scheme for residential premises and were included in the affected residential premises register; or

        (b)     if—

              (i)     the work allowed under the previous licence related to a building that is or was an eligible impacted property or a class 10 building associated with that property; and

              (ii)     the eligible impacted property was acquired by the Territory from the individual under the eligible impacted property buyback program.

    (3)     In this section:

"affected residential premises"—see the Civil Law (Sale of Residential Property) Act 2003

, section 9A (3).

"affected residential premises register"—see the Dangerous Substances Act 2004

, section 47N (1).

"buyback scheme", for affected residential premises—see the Dangerous Substances Act 2004

, section 47N (6).

"class", of building—see the Building Act 2004

, dictionary.

Note     A class 10 building or structure is a non-habitable building or structure (see building code).

"eligible impacted property"—see the Civil Law (Sale of Residential Property) Act 2003

, section 9A (1).

"eligible impacted property buyback program"—see the Civil Law (Sale of Residential Property) Act 2003

, section 9A (1).