(5) For the purposes of subsection (4), the Authority S. 25E(5) may determine that special circumstances exist if amended by No. 15/2016 it is satisfied that— s. 18(3). (a) the application arises from a substantial change in the circumstances of the applicant; or (b) the applicant would suffer hardship if the application were refused. (6) In this section— S. 25E(6) substituted by No. 15/2016 has the same meaning as it has Class 10 building s. 30(4). in the Building Code of Australia; means a body corporate of which the related body applicant is a director or the trustees of a trust of which the applicant is a beneficiary. S. 25F 25F Applications in relation to land owned by related inserted by bodies No. 66/2004 s. 8. (1) An applicant for a certificate of consent in respect of domestic building work is not required to be the owner of the land on which the work is to be carried out if— (a) the land is owned by a body corporate; and (b) the applicant is a director of the body corporate; and (c) the body corporate has in writing authorised the applicant to make the application and to carry out the work. (2) An applicant for a certificate of consent in respect of domestic building work is not required to be the owner of the land on which the work is to be carried out if— (a) the land is the subject of a trust; and (b) the applicant is a beneficiary of the trust; and
S. 25E(5) amended by No. 15/2016 s. 18(3). (5) For the purposes of subsection (4), the Authority may determine that special circumstances exist if it is satisfied that— (a) the application arises from a substantial change in the circumstances of the applicant; or (b) the applicant would suffer hardship if the application were refused. S. 25E(6) substituted by No. 15/2016 s. 30(4). (6) In this section— Class 10 building has the same meaning as it has in the Building Code of Australia; related body means a body corporate of which the applicant is a director or the trustees of a trust of which the applicant is a beneficiary. S. 25F inserted by No. 66/2004 s. 8. 25F Applications in relation to land owned by related bodies (1) An applicant for a certificate of consent in respect of domestic building work is not required to be the owner of the land on which the work is to be carried out if— (a) the land is owned by a body corporate; and (b) the applicant is a director of the body corporate; and (c) the body corporate has in writing authorised the applicant to make the application and to carry out the work. (2) An applicant for a certificate of consent in respect of domestic building work is not required to be the owner of the land on which the work is to be carried out if— (a) the land is the subject of a trust; and (b) the applicant is a beneficiary of the trust; and