AUTHORITY APPROVALS Flashcards
What should you do prior to lodging a crown da?
Discuss the appropriateness of the site for the proposed development with the consent authority
Identify with the CA the issues to be addressed
Lodge sufficiently in advance of construction.
How is a Crown DA determined?
The consent authority can not refuse, or impose conditions not accepted by the applicant.
Crown DAs are referred to the minister if the council wishes to refuse, impose unacceptable conditions or if the application has not been determined after 60 days.
Does crown development need a construction certificate?
No - although Crown building work cannot commence until it is certified to comply with the technical provisions of the states building laws (at tender). The crown provides this assurance.
Who owns the copyright in commercial projects?
e a commercial client commissions an architect to create copyright material, at default
the architect will own the copyright in that material. However, because the client has
commissioned the material, under those circumstances there will be an implied licence that
the client can use the material for the purposes it was commissioned, unless there is an
express agreement to the contrary
What does the CA agreement say about copyright?
Under the CAA2019 and CAALS2019 the Architect retains copyright in the design. The design
is defined as and includes the design concepts, drawings and documents.
What should the architect do if approached to take over another architect’s project
before completion to protect against possible copyright or moral-rights
infringement?
Ask to see the original agreement between the prospective client and the
previous architect to ascertain what permission was given by the previous architect to the
client to use the plans and other copyright material. Inform the client also that they
should notify the previous architect of your possible appointment as the architect to
obtain the appropriate copyright licences and make arrangements to attribute the
previous architect as per their moral rights.
If the previous architect has no objection to granting you a licence to use their work to
complete the project and you are able to agree on moral rights attribution, make sure you
have confirmation of this in writing before proceeding to enter in agreement with the
prospective client to take on the project.
If the previous architect does not agree to give you permission, or the prospective client
declines to identify or notify the previous architect, or objects to you contacting the
previous architect for clarification, consider whether you wish to accept the project.
If you do decide to accept the project using the previous architect’s work, make sure that
your client-architect agreement includes a representation and warranty clause in which
the client promises that any copyright material they supply to you is good to use and does
not infringe any intellectual property rights. The client-architect agreement should also
contain an indemnity clause which, in the event that the previous architect does make
take any action against you for infringement of their copyright or moral rights, would
entitle you to compensation from the client.
At no point should you attempt to give yourself, your client, or any potential client legal
advice about their contract, assertions of copyright ownership, copyright infringement, or
other legal matters. If in doubt, obtain your own independent legal advice.
