Tasmanian Numbered Acts
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BUILDING ACT 2016 (NO. 25 OF 2016) - SECT 267
Demolition order
(1) A council may serve, on the owner of premises on which building work
that is the subject of a building order is situated, an order to demolish the
building work, if (a) the owner fails to comply with
(i) the building order; or
(ii) a permit of substantial compliance issued in
respect of the work; or
(b) a building surveyor refuses to grant a certificate
of substantial compliance in respect of the work; or
(c) a permit authority
refuses to grant a permit of substantial compliance in respect of the work; or
(d) an appeal has not been instituted in respect of the building order and the
order has not been complied with.
(2) A council is to serve, on the owner of premises on which building
work that is the subject of a building order is situated, an order to demolish
the building work if satisfied that the building work (a) does not
comply with this Act; and
(b) is detrimental to the safety and health of any
occupant, or any future occupant, of the building or the public.
(3) The council, or a person acting on its behalf, may enter onto land
and demolish any building work in respect of which an order to demolish is
served if (a) at least 21 days have expired since the day of
service of the order; and
(b) the building work has not been demolished; and
(c) an appeal has not been instituted in respect of the order.
(4) An order to demolish (a) is to be in an approved form;
and
(b) may require the owner to clean up the premises to the satisfaction of
a building surveyor within the prescribed period.
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