Construction Occupations Registrar commences actions in the ACT Magistrates Court


Released 22/10/2019

The ACT Construction Occupations Registrar has commenced proceedings against two Canberra builders with the ACT Director of Public Prosecutions laying four charges against building entity TP Dynamics, the builder behind the Wish Development in Bruce; and in separate proceedings, one charge against building entity Madison Constructions, the builder of Kelkiah Apartments in Macquarie, in the ACT Magistrates Court.

TP Dynamics

On 21 October 2019, TP Dynamics was served with four summons for breaches of the Planning and Development Act 2007 and the Building Act 2004.

ACT Construction Occupations Registrar Ben Green said the allegations relate to the commencement of building work without the required development and building approvals in place.

“We allege that the required approvals were not in place, which is a fundamental requirement that underpins the integrity of the building and development system,” he said.

“We know that the purchase of a residential property is one of the largest investments a citizen can make and they should be confident that the approvals required are in place and are being complied with.”

It is alleged that between 9 February 2019 and 24 May 2019, TP Dynamics Pty Ltd (TP Dynamics) commenced the construction of a 56 townhouse and 12 terrace residences, ground floor commercial spaces and a basement car parking development without development approval and not in accordance with approved plans at Blocks 12 & 13 Section 32 Bruce.

TP Dynamics is a licenced builder in the ACT. The sole Director of TP Dynamics is Mr Tony Pan. Mr Pan holds a current ACT Builder’s Licence. Mr Pan is also the sole Director of Bruce Developments Pty Ltd, which purchased Blocks 12 & 13 Section 32 Bruce.

On, or around, 1 August 2018, Canberra Town Planning Pty Ltd, acting on behalf of Bruce Developments as the lessee of Block 12 & 13 Section 32 Bruce, submitted a Development Application (DA No. 2018340460) for that site. This development was then commonly referred to as the ‘Wish Bruce’ development by TP Dynamics Pty Ltd.

It is alleged that between February and May 2019 TP Dynamics under their own builders licence, undertook extensive development and associated building works at ‘Wish Bruce’ in line with their development application that had not been approved by the Planning and Land Authority.

Access Canberra directed work to stop on the development, preventing TP Dynamics from undertaking further development and building works at ‘Wish Bruce’.

The four charges laid on TP Dynamics are:

  1. One charge under s.51(1) of the Building Act 2004 alleging that TP Dynamics carried out building work on a parcel of land and the carrying out of the building work fails to comply with 1 or more of the requirements for carrying out building work.

    Penalties are up to a maximum of 50 penalty units ($37,500).

  2. One charge under s.51(4) of the Building Act 2004 alleging that TP Dynamics carried out building work, the building work was carried out not in accordance with approved plans and the builder knew or was reckless about whether the building work was carried out in accordance with approved plans.

    Penalties for a corporation are up to a maximum of 300 penalty units ($225,000), imprisonment for 3 years, or both.

  3. One charge under s.199(1) of the Planning and Development Act 2007 alleging that TP Dynamics undertook the development of Wish Bruce without development approval knowing that development approval is required.

    Penalties for a corporation are up to a maximum of 2500 penalty units ($2,025,000).

  4. One charge under s.199(2) of the Planning and Development Act 2007 alleging that TP Dynamics undertook the development of Wish Bruce without development approval and were reckless about whether the development requires development approval.

Penalties for a corporation are up to a maximum of 1000 penalty units ($810,000).

The matter is listed for mention on 6 November 2019 in the ACT Magistrates Court.

Madison Constructions

ACT Construction Occupations Registrar Ben Green said the allegations relate to a failure to comply with a rectification order.

“We allege that Madison Constructions failed to comply with a rectification order, which required them to identify a program of works and rectify the identified building defects” he said.

“Citizens should expect that where the regulator orders rectification that the entity takes reasonable steps to comply with that order,” he said.

It is alleged that Madison Constructions Pty Ltd (Madison Constructions) has contravened section 40 of the Construction Occupations (Licensing) Act 2004 by failing to comply with a Rectification Order given to them by the Construction Occupations Registrar.

The Rectification Order required Madison Constructions to prepare and serve on the Registrar a program of works which would clarify the full scope of works and outline a clear and detailed methodology for rectifying the identified building defects. The affected building relevant to the Rectification Order was Block 8 Section 48 Macquarie, 21 Wiseman Street, Macquarie, known as Kelkiah Apartments. Kelkiah is a four-story mixed-use building with basement carpark.

Madison Constructions was a licenced entity under the Construction Occupations (Licensing) Act 2004.

The Rectification Order required Madison Constructions to rectify the identified building defects where the building did not comply with relevant building codes and standards. This include defects relating to façade and ceiling cracking and waterproofing.

The charge laid on Madison Constructions is under s.40 of the Construction Occupations (Licensing) Act 2004 alleging that Madison Constructions committed an offence as they have failed to comply with the Rectification Order.

The maximum penalty for the offence is 2000 penalty units ($1,620,000)

The matter is listed for mention on 6 November 2019 in the ACT Magistrates Court.

- Statement ends -

Access Canberra | Media Releases

Media Contacts

Name Phone Mobile Email

Dion Pretorius

0466 937 557

dion.pretorius@act.gov.au


«ACT Government Media Releases | «Directorate Media Releases