Australian Capital Territory Numbered Acts

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CONSTRUCTION AND ENERGY EFFICIENCY LEGISLATION AMENDMENT ACT 2014 (NO. 2 OF 2014) - SECT 20

New part 19

insert

Part 19     Transitional—rectification orders

171     Meaning of commencement day —pt 19

In this part:

"commencement day" means the day this part commences.

172     Further notice about making rectification order

    (1)     This section applies if before the commencement day—

        (a)     the registrar gave written notice to an entity and land owner under section 34 (Intention to make rectification order); and

        (b)     the registrar did not—

              (i)     make a rectification order under section 38; or

              (ii)     authorise a licensee to enter the land under section 37 (2).

    (2)     The registrar must give further written notice to the entity and land owner, stating that—

        (a)     as stated in the notice under section 34, the registrar will not make a rectification order if the registrar is not satisfied that it is appropriate to make a rectification order in relation to the entity, because of the relationship between the entity and the land owner; and

        (b)     in addition, the registrar will not make a rectification order if the registrar is not satisfied that it is appropriate to make a rectification order in relation to the entity, because the registrar is satisfied on reasonable grounds that the entity is not able to do a thing in the way that would be required by the order; and

        (c)     as stated in the notice under section 34, if the registrar does not make a rectification order—

              (i)     the Territory may authorise someone else to enter the land to—

    (A)     do the things stated in this notice; or

    (B)     start or finish the work stated in the notice; and

              (ii)     if the Territory authorises someone under subparagraph (i)—the entity will have to pay for the things to be done.

173     Expiry—pt 19

This part expires 1 year after the day it commences.

Note     Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).

Part 4     Construction Occupations (Licensing) Regulation 2004



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