Access Canberra can direct a lessee, occupier or anyone by whom, or on whose behalf, a controlled activity was or is being conducted to carry out rectification work.
It is an offence to contravene a direction to carry out rectification work.
Rectification work may be required to:
- ensure compliance with the conditions of a development approval
- remedy the effects of a controlled activity in cases where a controlled activity order had been issued requiring the remedial work, but this order was not complied with or carried out within the period stated under the order.
Who is authorised?
Access Canberra may authorise a person to enter a place, subject to a notice, to carry out the work if it hasn’t been completed by the time specified in the notice.
However, an authorised person may only enter a premise to carry out rectification work with the consent of the occupier.
Work carried out by an authorised person must be in accordance with the directions of an inspector. Anything removed from the premise that is not required to be returned may be disposed of.
The ACT Government may recover the reasonable cost of any rectification work carried out by an authorised person. We can determine circumstances when a lessee may defer payment of the cost of rectification work (wholly or partly). A lessee can apply for deferral of part or all costs of rectification work or Access Canberra can declare this of its own initiative.
Access Canberra must lodge a declaration with the Construction Occupations Registrar for registration and give a copy of the declaration to the lessee and anyone else with an interest in the leasehold. The ACT Government is taken to be a person claiming an interest in the leasehold and the registration creates a charge over the leasehold. This type of registered charge does not give a power of sale.
Once the cost has been fully paid, the charge is discharged upon registration of revoking a deferral declaration. The lessees of charged leasehold are liable separately and together for the payment of the charge. A registered charge does not give a power of sale over the leasehold to which it relates.
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