Buildings (Design and Siting) Act 1973 (ACT)

The Buildings (Design and Siting) Ordinance 1973 was made under the Seat of Government (Administration) Act 1910-1972, and amends the Buildings (Design and Siting) Ordinance 1964-1972. The dispute centred on the interpretation of the scope of the amended Ordinance, specifically section 4, which details the application of the Ordinance to buildings within and outside the City Area, and exemptions from its application.

The court was required to determine whether the Ordinance applied to a building situated within an area of land outside the City Area, and whether the exemption for buildings on land vested in the Commonwealth otherwise than in reversion applied to the case at hand. Additionally, the court needed to decide whether the exemption for buildings erected or altered in accordance with a permit issued by the Building Controller before the commencement of the 1973 Ordinance applied.

The court found that the Ordinance did apply to the building in question, as it was situated within an area of land outside the City Area to which the Ordinance extended by virtue of section 5. However, the court also found that the exemption for buildings on land vested in the Commonwealth otherwise than in reversion did not apply, as the land in question was not vested in the Commonwealth. Finally, the court held that the exemption for buildings erected or altered in accordance with a permit issued by the Building Controller before the commencement of the 1973 Ordinance did apply, as the building in question had been erected in accordance with such a permit.

The court ordered that the Ordinance applied to the building in question, but that the exemptions for buildings on land vested in the Commonwealth otherwise than in reversion and for buildings erected or altered in accordance with a permit issued by the Building Controller before the commencement of the 1973 Ordinance applied. As a result, the building was not subject to the provisions of the Ordinance.