Building Control Act · 2023 Revised Edition · Part · Dangerous Buildings and Occurrences
36. Closure orders
Official textFrom Attorney General's Chambers, unchanged
Where the Authority makes any closure order, the order shall be served on the owner and occupier of the building.
Authority
“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
A closure order may require the owner or occupier of the building to which the order relates to cease to inhabit the building and to remove all goods, furniture and effects from the building before the order comes into force.
closure order
“closure order” means the closure order made by the Authority under section 35(2)(b);
Except with the permission in writing of the Authority, no person, other than any authorised officer in the course of his duty, shall enter or be in a building at any time while a closure order is in force in respect of the building.
authorised officer
“authorised officer” means any person authorised by the Authority under section 3(2);
Any person who contravenes or fails to comply with subsection (3) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both and, in the case of a continuing offence, to a further fine not exceeding $200
for every day during which the offence continues after conviction.
Where the Authority thinks fit, the Authority may, subject to such conditions as the Authority may impose, by notice in writing permit any person to enter and be in a building while a closure order is in force in respect of the building.
building
“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
Any permission granted under subsection (5) may be cancelled by the Authority at any time without giving any reason.
Where a closure order is in force in respect of a building —
any police officer may, with such force or assistance as may be necessary, remove therefrom any person who is in the building in contravention of subsection (3);
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the Authority may seal or cause to be sealed all or any of the entrances to, or exits from, the building; and
the Authority or any police officer may remove all goods, furniture and effects from the building.
A closure order shall remain in force in respect of a building until the Authority had served a notice of expiry of the order on the owner or occupier of the building by causing the notice to be posted upon a conspicuous part of the building to which it relates and by serving a copy of the notice upon the owner or occupier.
owner
“owner”, in relation to — (a) any premises or building, means the person for the time being receiving the rent of the premises or building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant and includes a mortgagee in possession; (b) the common property of any subdivided building, includes the strata corporation having control of the building, or the person receiving any rent or charge for the maintenance of that common property; and (c) the common property of any building which is not subdivided, includes any person receiving any rent or charge for the maintenance and management of that common property;
Every notice of expiry of a closure order shall specify the building to which it relates and the date upon which the order expires.
Terms defined in this Act
authorised officer
Defined · s 2“authorised officer” means any person authorised by the Authority under section 3(2);
Authority
Defined · s 2“Authority”, in relation to this Act or any Part or provision of this Act or regulations made thereunder, means any Authority appointed under section 3(1) to be responsible for the administration of this Act or that Part or provision or regulations made thereunder, as the case may be;
building
Defined · s 2“building” means any permanent or temporary building or structure and includes — (a) a hut, shed or roofed enclosure; (b) a kiosk or stall, movable or otherwise; (c) an earth retaining or stabilising structure, whether permanent or temporary; (d) a dock, wharf or jetty; (e) a floating structure, not being a boat or vessel, constructed or to be constructed on a flotation system that — (i) is or is to be supported by water; (ii) is not intended for or useable in navigation; and (iii) is or is to be permanently moored; (f) a culvert, crossing, access road, bridge, underpass or tunnel; (g) a sewage treatment plant, sewer, drain, swimming pool or any non-proprietary type of concrete tank for the storage of any solid, liquid or gaseous product; and (h) such other erection or structure (whether permanent or temporary) as the Minister may, by order published in the Gazette, declare to be a building;
closure order
Defined · s 33“closure order” means the closure order made by the Authority under section 35(2)(b);
occupier
Defined · s 2“occupier”, in relation to any building, means the person in occupation of the building or having the charge, management or control thereof, either on his own account or as agent of another, but does not include any lodger within the building;
owner
Defined · s 2“owner”, in relation to — (a) any premises or building, means the person for the time being receiving the rent of the premises or building, whether on his own account or as agent or trustee or as receiver, or who would receive the same if the premises or building were let to a tenant and includes a mortgagee in possession; (b) the common property of any subdivided building, includes the strata corporation having control of the building, or the person receiving any rent or charge for the maintenance of that common property; and (c) the common property of any building which is not subdivided, includes any person receiving any rent or charge for the maintenance and management of that common property;
Part
Inspection of Buildings
Part
Licensing of Builders
Part