Canberra Building Regulations (ACT)

The case before the court involved the application of the Canberra Building Regulations, specifically Regulation 69B, which was amended to require a surveyor registered under the Surveyors Ordinance 1967, rather than one licensed under the Real Property Ordinance 1925-1963. The dispute arose as the parties disagreed on whether this amendment was validly made and whether it correctly aligned with the Surveyors Ordinance 1967. The matter was heard in the Supreme Court of the Australian Capital Territory.

The primary legal issue the court had to address was whether the amendment to Regulation 69B was properly enacted under the authority granted by the Building Ordinance 1964-1966. Specifically, the court needed to determine if the amendment correctly referenced the Surveyors Ordinance 1967 and if it was validly made in accordance with legislative procedures. The court also needed to consider whether the amendment was consistent with the overall intent and structure of the relevant legislation.

The court found that the amendment to Regulation 69B was validly made under the authority of the Building Ordinance 1964-1966. The court noted that the amendment correctly aligned with the Surveyors Ordinance 1967, which came into operation on 20 December 1967. The court determined that the amendment was consistent with the legislative framework and correctly reflected the requirement for a surveyor registered under the new ordinance. The court held that the amendment was properly enacted and valid.

The final orders of the court confirmed the validity of the amendment to Regulation 69B. The court held that the amendment correctly referenced the Surveyors Ordinance 1967 and was consistent with the legislative intent. The amendment was deemed valid and enforceable, aligning with the statutory requirements for surveyors in the Australian Capital Territory.