Building Control Act · 2023 Revised Edition · Part · Licensing of Builders
51. Appeal to Minister
Official textFrom Attorney General's Chambers, unchanged
Any person whose application for a builder’s licence or for the renewal of a builder’s licence has been refused by the Authority may, within 14 days after being notified of such refusal, appeal in the prescribed manner to the Minister whose decision is final.
builder
“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for his own account, or for or on behalf of another person (referred to in this definition as A), but does not include any person who contracts with a builder for the execution by that person of the whole or any part of any building works undertaken by the builder for or on behalf of A under a contract entered into by the builder with A;
Where a builder’s licence is granted by the Authority subject to conditions, other than those specified in section 48 or 49, the builder concerned may, within 14 days after being notified of such conditions, appeal in the prescribed manner to the Minister whose decision is final.
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;
If the Authority has made —
an order of revocation or suspension of a licence under section 50; or
Building Control
an order imposing any pecuniary penalty on, or a direction or restriction on the business of a licensed corporation or partnership under section 50(2), the person whose licence is revoked or suspended, on whom such a penalty, direction or restriction is imposed, as the case may be, may within 14 days after being served with the notice of the order, appeal to the Minister against the order, and the decision of the Minister is final.
In any appeal under this section in relation to the conviction of a licensed builder for a criminal offence, the Minister on appeal from any order of the Authority shall accept the builder’s conviction as final and conclusive.
Terms defined in this Act
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;
builder
Defined · s 2“builder” means any person who undertakes, whether exclusively or in conjunction with any other business, to carry out any building works for his own account, or for or on behalf of another person (referred to in this definition as A), but does not include any person who contracts with a builder for the execution by that person of the whole or any part of any building works undertaken by the builder for or on behalf of A under a contract entered into by the builder with A;
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;
prescribed
Defined · s 42“prescribed” means prescribed in any regulations made under section 52.
Part