(1)  A regulation, or rule or by-law, that relates to the technical requirements of the design or construction of a building, building work or plumbing work must not be made under any Act without the approval of the Minister unless that Act expressly provides to the contrary.

(2)  A regulation, or rule or by-law, that relates to the technical requirements of the design or construction of a building, building work or plumbing work that is not made in compliance with subsection (1) is of no effect.

(3)  A condition that relates to the technical requirements of the design or construction of a building, building work or plumbing work may not be imposed on a permit issued under the Land Use Planning and Approvals Act 1993 without the approval of the Minister unless that Act expressly provides to the contrary.

(4)  A condition that relates to the technical requirements of the design or construction of a building, building work or plumbing work that –

(a) is imposed on a permit issued under the Land Use Planning and Approvals Act 1993 ; and

(b) has not been approved under subsection (3) as required before it was imposed on the permit –

is of no effect unless the condition has been retrospectively approved by the Minister.

(5)  A person is not guilty of an offence under this Act, or the Land Use Planning and Approvals Act 1993 , in relation to any act performed, or failure to act, by the person in accordance with a condition, that is of no effect by virtue of subsection (4) , if the person has not been informed by the Minister in writing that the condition is of no effect.

(6)  The Minister may certify that –

(a) subsection (1) does not apply to a regulation, or rule or by-law, that relates only incidentally to the technical requirements of the design or construction of a building, building work or plumbing work; or

(b) subsection (3) does not apply to a condition, or a class of conditions, that relates to the technical requirements of the design or construction of a building, building work, plumbing work or demolition work, that may be imposed on a permit issued under the Land Use Planning and Approvals Act 1993 .