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Legislative Assembly for the ACT: 2002 Week 6 Hansard (16 May) . . Page.. 1782..


(2) The development covenants in single residential leases relate to the initial construction of a dwelling. The development covenants do not apply to subsequent redevelopment/ extension. Therefore, no leases fall into this category.

(3) Nil.

(3) In the case of (1) there are 49 "owner-builders". For (3), nil.

(4) The Executive (and authorised Planning and Land Management [PALM] officers) have powers under the Land (Planning and Environment Act) 1991 [Land Act] to extend or enforce development covenants. The Executive and the Minister (and delegated PALM officers) have powers under the Land Act to issue orders regarding development covenants. Nevertheless, most development covenant issues are resolved through negotiation and subsequent successful application for extension of time.

(5) Under the Building Act 1972 [Building Act], the Building Controller (and authorised officers of Building, Electrical and Plumbing Control [BEPCON]) have powers to issue notices. Depending on the main component of the notice, it may include an associated requirement to complete works within a specified period.

(6) BEPCON is aware of (a) one prosecution being launched under the Building Act and (b) one successful prosecution for breach of a notice. The notice related to building without a current permit, building without a current building approval, and to completion within a specified time.

(7) The onus of compliance lies with the lessee. PALM does not have the resources to pro-actively track and pursue all breaches. Breaches are highlighted when prospective purchasers request a copy of the Certificate of Occupancy or Use, lessees seek lease compliance certificates, or when complaints are received from the community.

In these cases, PALM officers assist lessees to resolve any outstanding matters.


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