Australian Capital Territory Numbered Acts

CONSTRUCTION OCCUPATIONS LEGISLATION (EXEMPTION ASSESSMENT) AMENDMENT ACT 2010 (NO. 24 OF 2010) - SECT 54

insert

    (3)     This section does not entitle a unit title assessor to require—

        (a)     photographs to be taken by someone other than the owner of the parcel of land; or

        (b)     photographs to be taken using equipment other than equipment of the owner's choice; or

        (c)     further information if—

              (i)     the unit title assessor has, or has reasonable access to, suitable information that allows the unit title assessor to decide the application without personally inspecting the land where the building work is to be carried out; or

              (ii)     a territory law requires the unit title assessor to personally obtain or be given the information.

Examples—suitable information unit title assessor has or has reasonable access to

1     The website www.actmapi.act.gov.au provides aerial photographs and topographical information including ground contours for some ACT areas. If the land to which an application relates is covered by the website, the photographs and contours have sufficient information, and are accurate and recent enough, to decide the application in relation to tree and ground-height related matters, the unit title assessor may not require further information or documents by way of photographs or topographical information in relation to trees and ground heights.

2     A unit title assessor may verify land tenure and permit and statutory approval matters by contacting the statutory custodians of the information to a sufficient degree to decide the application in relation to those matters. The unit title assessor may not require further information in relation to those matters.

3     The land to which an application relates is covered by www.actmapi.act.gov.au but, because the slope of the land to be built on is steeper than would be adequately shown on the website, the unit title assessor does not have suitable information to allow the unit title assessor to decide the application without personally inspecting the land. Another website has some topographical information on the land, but it is not of sufficient resolution, or recent enough, to be relied on by the unit title assessor in relation to ground heights to decide the application. The unit title assessor may require further information in relation to ground heights.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (4)     For this section, a unit title assessor that is a partnership inspects land personally if any partner inspects the land.