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BUILDING ACT 1975 - SECT 246Q
Restrictions that have limited or no force or effect—other restrictions
246Q Restrictions that have limited or no force or effect—other restrictions
(1) This section applies to a relevant instrument that, but for this section,
would have the effect of restricting the location on the roof or other
external surface of a prescribed building where a solar hot water system or
photovoltaic cells may be installed.
(2) The relevant instrument has force or
effect only to the extent—
(a) the restriction mentioned in subsection (1) applies to the roof or other external surface that is common property of the prescribed building; and
(b) the restriction mentioned in subsection (1) — (i) is necessary to
preserve the building’s structural integrity; or
(ii) if there is
insufficient space on the roof or other external surface for a solar hot water
system or photovoltaic cells to be installed by the owner of each lot in the
building—prohibits an owner of a lot in the building from installing a solar
hot water system or photovoltaic cells on the roof or other external surface;
or
(iii) if the restriction relates to a solar hot water system—is
necessary to prevent noise from piping associated with the system causing
unreasonable interference with a person’s use or enjoyment of the building.
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