2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 Part 2 Building Act 2004 3 Legislation amended--pt 2 3 4 New part 2A 3 5 Application of pt 3 to building work Section 15, new note 9 J2009-826 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 6 Building approval applications Section 26 (2), note 9 7 Applications for building approval--certifier may require further information Section 26A (3) (b) 10 8 Contents of request for further information Section 26B (4), note 10 9 New section 27A 10 10 Issue of building approvals Section 28 (2) (a), new note 11 11 Approval requirements New section 29 (1) (g) (ia) 11 12 Section 29 (1) (g), new example and note 12 13 New section 29 (6A) 12 14 Contents of request for further information Section 32B (4), note 12 15 Notification by certifier of possible noncompliant site work New section 50A (2A) and (2B) 13 16 Site work without adequate development approval--people New section 50B (3A) and (3B) 13 17 Site work without adequate development approval--partners Section 50C 14 18 New section 50C (3A) and (3B) 14 19 Carrying out building work in contravention of s 42 Section 51 (4) 14 20 Section 51 (5) (b) 15 21 New section 51 (6) 16 22 Regulation-making power Section 152 (6) 16 23 New part 15 17 24 Dictionary, note 2 18 25 Dictionary, new definitions 18 Part 3 Construction Occupations (Licensing) Act 2004 26 Legislation amended--pt 3 19 contents 2 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 27 What is a building surveyor? New section 9 (1) (aa) 19 28 New section 9 (1A) 19 29 Section 9 (3), new definition of exemption assessment work 19 30 What is a works assessor? Section 14A (3), definition of works assessment work, except note 20 31 What is an operational Act? Section 16 20 32 Rectification orders--exercise of registrar's powers Section 33A (b) 20 33 Considerations for deciding under s 34 and s 35 Section 36 (3) (b) 21 34 Registrar's functions New section 104 (3) 21 35 New part 16 22 Part 4 Construction Occupations (Licensing) Regulation 2004 36 Licence applications--Act, s 17 (3) Section 5 (h) 24 37 Section 8 heading 24 38 Section 8 (1) 24 39 Particulars in register Section 9 (1) (c) 25 40 New section 18A 25 41 Schedule 1, new part 1.9 26 42 Schedule 1, new part 1.9 26 Part 5 Planning and Development Act 2007 43 Legislation amended--pt 5 28 44 What is an exempt development? Section 133, notes 28 45 Consideration of development proposals Section 138 (4) (a), new note 28 46 New division 7.3.1A 29 Construction Occupations Legislation (Exemption contents 3 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 47 Offence to develop without approval Section 199 (6) 35 48 Regulation-making power Section 426 (5) 36 49 New chapter 16 37 50 Dictionary, new definitions 38 Part 6 Unit Titles Act 2001 51 Legislation amended--pt 6 39 52 Unit title applications--general requirements New section 17 (5) (c) 39 53 Unit title assessment reports Section 22B (2), example 39 54 Unit title assessment report applications--unit title assessor may require further information New section 22C (3) and (4) 39 contents 4 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Planning) Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 A Bill for An Act to amend legislation about construction occupations, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-826 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Construction Occupations Legislation (Exemption 4 Assessment) Amendment Act 2010. 5 2 Commencement 6 (1) Part 1 commences on this Act's notification day. 7 Note The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 (2) Part 4 (other than section 42) and part 6 commence on the 10 commencement of the Construction Occupations Legislation 11 Amendment Act 2010, part 3 (Unit Titles Act 2001). 12 (3) The remaining provisions commence on a day fixed by the Minister 13 by written notice. 14 Note A single day or time may be fixed, or different days or times may be 15 fixed, for the commencement of different provisions (see Legislation 16 Act, s 77 (1)). 17 (4) If a provision of this Act has not commenced within 1 year 18 beginning on its notification day, it automatically commences on the 19 first day after that period. 20 (5) The Legislation Act, section 79 (Automatic commencement of 21 postponed law) does not apply to this Act. page 2 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 3 1 Part 2 Building Act 2004 2 3 Legislation amended--pt 2 3 This part amends the Building Act 2004. 4 4 New part 2A 5 insert 6 Part 2A Exemption assessments 7 13 Purpose of exemption assessment B notices 8 (1) An exemption assessment may relate to building work that is to be 9 done or has been done. 10 (2) An exemption assessment B notice in relation to building work that 11 is to be done certifies that the work is, or is not, exempt from all or 12 part of this Act. 13 Note If an exemption assessment B notice certifies that building work is 14 exempt from all or part of this Act, it must also state what provisions of 15 this Act the building work is exempt from and why, and anything else 16 prescribed by regulation (see s 14B (2)). 17 (3) An exemption assessment B notice in relation to building work that 18 has been done certifies that the work is, or is not, exempt from all or 19 part of this Act based on whether the work was exempt at the time it 20 was done, or is currently exempt. Construction Occupations Legislation (Exemption page 3 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 14 Exemption assessment applications 2 (1) The owner of a parcel of land may apply, in writing, to a building 3 surveyor for an assessment (an exemption assessment) of whether 4 building work to be carried out, or carried out, on the parcel of land 5 is exempt from all or part of this Act. 6 Note 1 Building work may be exempt from all or part of this Act if the work is 7 exempt from this Act, or part of this Act. For exempt buildings and 8 building works, see the Building (General) Regulation 2008, s 6, s 7 and 9 sch 1. 10 Note 2 Applying for an exemption assessment is not a requirement of the 11 building approval or development approval process (see s 14A and 12 Planning and Development Act 2007, s 138C). If a person believes that 13 building work is exempt, the person need not apply for an exemption 14 assessment from a building surveyor. 15 (2) The application must be accompanied by the number of copies of 16 the plans relating to the development work prescribed by regulation. 17 (3) The application must contain, or be accompanied by, any other 18 details or material prescribed by regulation. 19 Note If a form is approved under s 151 for an application, the form must be 20 used. 21 (4) A regulation may prescribe information required to be shown in 22 plans under subsection (2). 23 14A Exemption assessment not required for building approval 24 (1) An exemption assessment is not a requirement of the building 25 approval process. 26 (2) A building surveyor may issue an exemption assessment B notice to 27 the owner of a parcel of land only if the owner has applied to the 28 building surveyor for an exemption assessment. 29 (3) A building surveyor must not refuse to issue a building approval on 30 the ground that the applicant for the approval has not applied for an 31 exemption assessment B notice. page 4 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 14B Exemption assessments and notices 2 (1) This section applies if-- 3 (a) the owner of a parcel of land applies to a building surveyor for 4 an exemption assessment under section 14; and 5 (b) the building surveyor agrees to provide the exemption 6 assessment. 7 (2) The building surveyor must-- 8 (a) undertake the exemption assessment; and 9 (b) issue a notice (an exemption assessment B notice) stating-- 10 (i) if any building work is exempt from all or part of this 11 Act-- 12 (A) the building work that is exempt; and 13 (B) the provisions of this Act that the building work is 14 exempt from and why; and 15 Note For building work that is completed, see also s (3). 16 (ii) any building work that is not exempt from any part of this 17 Act; and 18 (iii) anything else prescribed by regulation; and 19 Note The building surveyor may refuse to issue a notice if the building 20 surveyor does not have enough information (see s 14E). 21 (c) give the exemption assessment B notice to the owner; and 22 (d) within 5 days after the day the building surveyor issues the 23 notice--give a copy of the notice to the construction 24 occupations registrar. Construction Occupations Legislation (Exemption page 5 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 (3) If the building work that is the subject of the application has been 2 completed and the building surveyor certifies that the building work 3 is exempt because the building work was exempt when carried out, 4 the exemption assessment B notice must also include the dates on 5 which the building surveyor has based the assessment that the 6 building work was exempt. 7 (4) If, after taking reasonable steps, the owner cannot find a building 8 surveyor who will agree to provide an exemption assessment, the 9 owner may apply to the construction occupations registrar to appoint 10 a building surveyor to undertake the exemption assessment and 11 issue an exemption assessment B notice to the owner. 12 14C Exemption assessment applications--request for further 13 information 14 (1) This section applies if-- 15 (a) a building surveyor requires further information for an 16 exemption assessment under section 14B; and 17 (b) the owner of the parcel of land and the building surveyor have 18 not agreed that the building surveyor will obtain the further 19 information; and 20 (c) the building surveyor believes on reasonable grounds that the 21 further information will help the building surveyor to prepare 22 the assessment. 23 (2) The building surveyor may, by written notice, ask the owner to give 24 the building surveyor stated further information in relation to the 25 application. 26 (3) This section does not entitle a building surveyor to require-- 27 (a) photographs to be taken by someone other than the owner of 28 the parcel of land; or page 6 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 (b) photographs to be taken using equipment other than equipment 2 of the owner's choice; or 3 (c) further information if-- 4 (i) the building surveyor has, or has reasonable access to, 5 suitable information that allows the building surveyor to 6 decide the application without personally inspecting the 7 land where the building work is to be carried out; or 8 (ii) a territory law requires the building surveyor to 9 personally obtain or be given the information. 10 Examples--suitable information building surveyor has or has reasonable 11 access to 12 1 The website www.actmapi.act.gov.au provides aerial photographs and 13 topographical information including ground contours for some ACT areas. If 14 the land to which an application relates is covered by the website, the 15 photographs and contours have sufficient information, and are accurate and 16 recent enough, to decide the application in relation to tree and ground-height 17 related matters, the building surveyor may not require further information or 18 documents by way of photographs or topographical information in relation to 19 trees and ground heights. 20 2 A building surveyor may verify land tenure and permit and statutory 21 approval matters by contacting the statutory custodians of the information to 22 a sufficient degree to decide the application in relation to those matters. The 23 building surveyor may not require further information in relation to those 24 matters. 25 3 The land to which an application relates is covered by 26 www.actmapi.act.gov.au but, because the slope of the land to be built on is 27 steeper than would be adequately shown on the website, the building 28 surveyor does not have suitable information to allow the building surveyor to 29 decide the application without personally inspecting the land. Another 30 website has some topographical information on the land, but it is not of 31 sufficient resolution, or recent enough, to be relied on by the building 32 surveyor in relation to ground heights to decide the application. The building 33 surveyor may require further information in relation to ground heights. 34 Note An example is part of the Act, is not exhaustive and may extend, but 35 does not limit, the meaning of the provision in which it appears (see 36 Legislation Act, s 126 and s 132). Construction Occupations Legislation (Exemption page 7 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 (4) For this section, a building surveyor that is a partnership inspects 2 land personally if any partner inspects the land. 3 14D Exemption assessment applications--contents of request 4 for further information 5 (1) A request under section 14C must-- 6 (a) state the period within which the further information asked for 7 must be provided; and 8 (b) if the further information is not a document--state that the 9 further information must be provided in writing; and 10 (c) state that the owner need not provide the further information, 11 but if the owner fails to provide some or all of the information 12 in accordance with the request, the building surveyor may 13 refuse under section 14E to issue an exemption assessment B 14 notice; and 15 (d) state that, despite the owner and building surveyor having 16 previously not agreed that the building surveyor would obtain 17 the further information, the owner and building surveyor may 18 agree that the building surveyor will obtain the information. 19 (2) The request may require the owner to confirm all or part of any 20 information provided by statutory declaration. 21 (3) The period stated under subsection (1) (a) must be at least 22 20 working days or, if a shorter period is prescribed by regulation, 23 the shorter period. 24 (4) The building surveyor may, on application before the end of the 25 period stated under subsection (1) (a), extend the period within 26 which the further information must be provided once only, for a 27 period not longer than 20 working days. page 8 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 5 1 14E Exemption assessment applications--effect of failure to 2 provide further information 3 (1) This section applies if-- 4 (a) a building surveyor has asked for further information under 5 section 14C in relation to an exemption assessment application; 6 and 7 (b) the owner has not provided some or all of the information by-- 8 (i) the end of the period stated in the request; or 9 (ii) if the building surveyor has extended the period within 10 which the further information must be provided--the end 11 of that period; and 12 (c) the owner and the building surveyor have not agreed that the 13 building surveyor will obtain the further information. 14 (2) The building surveyor may refuse to issue an exemption assessment 15 B notice under section 14B. 16 5 Application of pt 3 to building work 17 Section 15, new note 18 insert 19 Note The owner of a parcel of land may apply to a building surveyor for an 20 assessment about whether building work is exempt from all or part of 21 the Act (see pt 2A). 22 6 Building approval applications 23 Section 26 (2), note 24 substitute 25 (e) if there is development approval for development to which the 26 building work relates--be accompanied by a copy of the 27 development approval, unless the applicant cannot obtain a 28 copy of the approval after taking reasonable steps; and Construction Occupations Legislation (Exemption page 9 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 7 1 (f) if there is an exemption assessment D notice for development 2 to which the building work relates--be accompanied by a copy 3 of the exemption assessment D notice. 4 Note 1 Exemption assessment D notice--see the Planning and Development 5 Act 2007, s 138D. 6 Note 2 If a form is approved under s 151 for this provision, the form must be 7 used. 8 7 Applications for building approval--certifier may require 9 further information 10 Section 26A (3) (b) 11 substitute 12 (b) photographs to be taken using equipment other than equipment 13 of the applicant's choice; or 14 8 Contents of request for further information 15 Section 26B (4), note 16 omit 17 9 New section 27A 18 insert 19 27A Notice if building approval not issued 20 (1) This section applies if-- 21 (a) an application for a building approval is made to the certifier 22 under section 26; and 23 (b) the certifier does not issue the building approval for all or part 24 of the building work that is the subject of the application 25 because the certifier-- 26 (i) refuses to issue the approval under section 26C; or page 10 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (ii) must not consider the application under section 27; or 2 (iii) must not issue the approval under section 30 or 3 section 30A; or 4 (iv) decides that the approval is not required for all or part of 5 the building work for which the application is made. 6 (2) The certifier must give the applicant written notice stating that 7 building approval is not issued for the building work mentioned in 8 subsection (1) (b) and the reason why the approval is not issued. 9 10 Issue of building approvals 10 Section 28 (2) (a), new note 11 insert 12 Note This may include deciding whether the building work requires 13 development approval under the Planning and Development 14 Act 2007 (see s 29 (1) (g)). 15 11 Approval requirements 16 New section 29 (1) (g) (ia) 17 insert 18 (ia) a copy of an exemption assessment D notice for the site 19 work stating that the site work is an exempt development 20 is attached; or 21 Note 1 If site work is an exempt development, it does not require 22 development approval (see Planning and Development 23 Act 2007, s 133). 24 Note 2 Applying for an exemption assessment is not a requirement 25 of the development approval or building approval process. 26 If a person believes that a development is an exempt 27 development, the person need not apply for an exemption 28 assessment from a works assessor or building surveyor (see 29 Planning and Development Act 2007, div 7.3.1A). Construction Occupations Legislation (Exemption page 11 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 1 12 Section 29 (1) (g), new example and note 2 before note 1, insert 3 If an exemption assessment D notice for the proposed residence and garage 4 indicates the residence and garage are exempt from requiring development 5 approval, then the plans do not need to include any additional information to 6 establish that the proposed residence and garage are an exempt development. 7 Note 1A This provision does not give a certifier power to require an applicant to 8 provide either development approval, or an exemption assessment D 9 notice, under the Planning and Development Act 2007. 10 13 New section 29 (6A) 11 insert 12 (6A) For subsection (1) (g) (ia), the certifier must be satisfied that the 13 exemption assessment D notice-- 14 (a) is for the site work to which the application relates; and 15 (b) was issued by a works assessor or building surveyor not more 16 than 3 months before the day the application for building 17 approval was made. 18 Note There is no obligation on the certifier to confirm the exemption 19 assessment D notice in any other way, such as for accuracy or 20 completeness. 21 14 Contents of request for further information 22 Section 32B (4), note 23 omit page 12 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 15 Notification by certifier of possible noncompliant site 2 work 3 New section 50A (2A) and (2B) 4 insert 5 (2A) For subsection (1) (a) (ii), a certifier may rely on an exemption 6 assessment D notice issued not more than 3 months earlier. 7 Note An exemption assessment D notice states whether a development is 8 exempt from requiring development approval (see Planning and 9 Development Act 2007, s 138D). 10 (2B) Subsection (2A) applies whether or not the exemption assessment D 11 notice was incorrect if the certifier was not aware, and could not 12 reasonably have been aware, that the notice was incorrect. 13 16 Site work without adequate development approval-- 14 people 15 New section 50B (3A) and (3B) 16 insert 17 (3A) For subsection (3) (b), a defendant is taken to be satisfied on 18 reasonable grounds if the defendant proves that the defendant relied 19 on an exemption assessment D notice, issued not more than 20 3 months before the day the application for building approval was 21 made, stating that the development did not require development 22 approval. 23 (3B) Subsection (3A) applies whether or not the exemption assessment D 24 notice was incorrect, unless the prosecution establishes that the 25 defendant knew, or could reasonably be expected to have known, 26 that the notice was incorrect. Construction Occupations Legislation (Exemption page 13 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 17 1 17 Site work without adequate development approval-- 2 partners 3 Section 50C 4 omit 5 the partnership proves 6 substitute 7 a partner proves 8 18 New section 50C (3A) and (3B) 9 insert 10 (3A) For subsection (3) (b), a partnership is taken to be satisfied on 11 reasonable grounds if a partner proves that the partnership relied on 12 an exemption assessment D notice, issued not more than 3 months 13 before the day the application for building approval was made, 14 stating that the development did not require development approval. 15 (3B) Subsection (3A) applies whether or not the exemption assessment D 16 notice was incorrect, unless the prosecution establishes that at least 17 1 of the partners knew, or could reasonably be expected to have 18 known, that the notice was incorrect. 19 19 Carrying out building work in contravention of s 42 20 Section 51 (4) 21 substitute 22 (4) It is a defence to a prosecution against the owner of the parcel of 23 land for an offence against subsection (2) if the owner satisfies the 24 court-- 25 (a) that the owner-- 26 (i) believed on reasonable grounds that section 42 had been 27 complied with; or page 14 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 20 1 (ii) was not aware, and could not reasonably have been 2 aware, that the building work had begun or been carried 3 out; or 4 (b) that-- 5 (i) an exemption assessment B notice stating that the 6 building work was exempt from all or part of this Act had 7 been issued before, but not more than 3 months before, 8 the day the building work began; and 9 (ii) the owner was not aware, and could not reasonably have 10 been aware, that the notice was incorrect; or 11 (c) that-- 12 (i) a building approval, or approval of amended plans, for 13 the building work had been issued; and 14 (ii) the building work was carried out when the building 15 approval, or approval of amended plans, was in force; 16 and 17 (iii) the owner was not aware, and could not reasonably have 18 been aware, that the approval, or the approval of the 19 amended plans, should not have been issued. 20 20 Section 51 (5) (b) 21 omit everything before subparagraph (i), substitute 22 (b) the person believed on reasonable grounds that-- Construction Occupations Legislation (Exemption page 15 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 21 1 21 New section 51 (6) 2 insert 3 (6) It is a defence to a prosecution against a person other than the owner 4 of the parcel of land if the person satisfies the court-- 5 (a) that an exemption assessment B notice stating that the building 6 work was exempt from requiring building approval had been 7 issued not more than 3 months before the day the building 8 work began, unless the prosecution establishes that the person 9 knew, or could reasonably be expected to have known, that the 10 notice was incorrect; or 11 (b) that-- 12 (i) a building approval, or approval of amended plans, had 13 been issued for the building work; and 14 (ii) the person was not aware, and could not reasonably have 15 been aware, that the approval, or the approval of the 16 amended plans, should not have been issued. 17 22 Regulation-making power 18 Section 152 (6) 19 substitute 20 (6) The regulations may also prescribe offences for contraventions of 21 the regulations and prescribe maximum penalties of not more than 22 60 penalty units for offences against the regulations. page 16 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 23 1 23 New part 15 2 insert 3 Part 15 Transitional--Construction 4 Occupations Legislation 5 (Exemption Assessment) 6 Amendment Act 2010 7 200 Meaning of commencement day--pt 15 8 In this part: 9 commencement day means the day this part commences. 10 201 Transitional regulations 11 (1) A regulation may prescribe transitional matters necessary or 12 convenient to be prescribed because of the enactment of the 13 Construction Occupations Legislation (Exemption Assessment) 14 Amendment Act 2010. 15 (2) A regulation may modify this part (including in relation to another 16 territory law) to make provision in relation to anything that, in the 17 Executive's opinion, is not, or is not adequately or appropriately, 18 dealt with in this part. 19 (3) A regulation under subsection (2) has effect despite anything 20 elsewhere in this Act or another territory law. 21 (4) A regulation under subsection (2) expires 2 years after the day it 22 commences. 23 202 Expiry--pt 15 24 This part expires 2 years after the commencement day. Construction Occupations Legislation (Exemption page 17 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 24 1 24 Dictionary, note 2 2 insert 3 · construction occupations registrar 4 25 Dictionary, new definitions 5 insert 6 building surveyor--see the Constructions Occupations (Licensing) 7 Act 2004, section 9. 8 exemption assessment--see section 14. 9 exemption assessment B notice--see section 14B. 10 exemption assessment D notice--see the Planning and 11 Development Act 2007, section 138D. page 18 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 26 1 Part 3 Construction Occupations 2 (Licensing) Act 2004 3 26 Legislation amended--pt 3 4 This part amends the Construction Occupations (Licensing) 5 Act 2004. 6 27 What is a building surveyor? 7 New section 9 (1) (aa) 8 insert 9 (aa) an exemption assessment service; or 10 28 New section 9 (1A) 11 insert 12 (1A) An exemption assessment service is the doing of exemption 13 assessment work. 14 29 Section 9 (3), new definition of exemption assessment 15 work 16 after the note, insert 17 exemption assessment work means undertaking an exemption 18 assessment under the Building Act 2004. Construction Occupations Legislation (Exemption page 19 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 30 1 30 What is a works assessor? 2 Section 14A (3), definition of works assessment work, 3 except note 4 substitute 5 works assessment work means-- 6 (a) undertaking an exemption assessment under the Planning and 7 Development Act 2007; or 8 (b) providing, including doing anything incidental to providing, a 9 unit title assessment report under the Unit Titles Act 2001. 10 31 What is an operational Act? 11 Section 16 12 insert 13 · Planning and Development Act 2007; 14 32 Rectification orders--exercise of registrar's powers 15 Section 33A (b) 16 omit 17 this Act, an operational Act or the Planning and Development 18 Act 2007 19 substitute 20 this Act or an operational Act page 20 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 33 1 33 Considerations for deciding under s 34 and s 35 2 Section 36 (3) (b) 3 omit 4 this Act, an operational Act or the Planning and Development 5 Act 2007 6 substitute 7 this Act or an operational Act 8 34 Registrar's functions 9 New section 104 (3) 10 insert 11 (3) A code of practice is a notifiable instrument. 12 Note A notifiable instrument must be notified under the Legislation Act. Construction Occupations Legislation (Exemption page 21 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 35 1 35 New part 16 2 insert 3 Part 16 Transitional--Construction 4 Occupations Legislation 5 Amendment Act 2010 and 6 Construction Occupations 7 Legislation (Exemption 8 Assessment) Amendment Act 9 2010 10 158 Meaning of commencement day--pt 16 11 In this part: 12 commencement day means the day this part commences. 13 159 Transitional regulations 14 (1) A regulation may prescribe transitional matters necessary or 15 convenient to be prescribed because of the enactment of the 16 Construction Occupations Legislation Amendment Act 2010 and the 17 Construction Occupations Legislation (Exemption Assessment) 18 Amendment Act 2010. 19 (2) A regulation may modify this part (including in relation to another 20 territory law) to make provision in relation to anything that, in the 21 Executive's opinion, is not, or is not adequately or appropriately, 22 dealt with in this part. 23 (3) A regulation under subsection (2) has effect despite anything 24 elsewhere in this Act or another territory law. 25 (4) A regulation under subsection (2) expires 2 years after the day it 26 commences. page 22 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 35 1 160 Expiry--pt 16 2 This part expires 2 years after the commencement day. Construction Occupations Legislation (Exemption page 23 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 36 1 Part 4 Construction Occupations 2 (Licensing) Regulation 2004 3 36 Licence applications--Act, s 17 (3) 4 Section 5 (h) 5 substitute 6 (h) if the application is for a licence as an asbestos assessor, 7 building surveyor, plumbing plan certifier or works assessor-- 8 the name of the insurer who will provide the insurance 9 mentioned in section 16A (Eligibility to be asbestos assessor), 10 section 17 (Eligibility to be building surveyor), section 18 11 (Eligibility to be plumbing plan certifier) or section 18A 12 (Eligibility to be works assessor); 13 37 Section 8 heading 14 substitute 15 8 Term of licence for asbestos assessors, building 16 surveyors, plumbing plan certifiers and works 17 assessors--Act, s 24 18 38 Section 8 (1) 19 substitute 20 (1) This section applies to a licence in the construction occupation of 21 asbestos assessor, building surveyor, plumbing plan certifier or 22 works assessor. page 24 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 39 1 39 Particulars in register 2 Section 9 (1) (c) 3 substitute 4 (c) if the licensee is an asbestos assessor, building surveyor, 5 plumbing plan certifier or works assessor--the name of the 6 insurer who provides the insurance mentioned in section 16A 7 (Eligibility to be asbestos assessor), section 17 (Eligibility to 8 be building surveyor), section 18 (Eligibility to be plumbing 9 plan certifier), section 18A (Eligibility to be works assessor) or 10 the regulations; 11 40 New section 18A 12 in division 4.1, insert 13 18A Eligibility to be works assessor 14 (1) An applicant for a licence to be a works assessor is eligible for the 15 licence only if the applicant satisfies the registrar that the applicant 16 is adequately insured. 17 (2) An applicant is adequately insured if the applicant has professional 18 indemnity insurance that provides-- 19 (a) indemnity against claims for breach of professional duty as a 20 works assessor; and 21 (b) a minimum limit of indemnity of $1 000 000 for a single claim; 22 and 23 (c) a minimum limit of indemnity of $1 000 000 for the total of all 24 claims made against the applicant during the period of cover; 25 and Construction Occupations Legislation (Exemption page 25 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 41 1 (d) in addition to the indemnities mentioned in paragraphs (b) 2 and (c), a minimum limit of indemnity for the costs and 3 expenses of defending or settling a claim of 20% of the limit of 4 indemnity for the claim. 5 (3) In subsection (2) (d): 6 costs and expenses means costs and expenses incurred with the 7 insurer's consent. 8 41 Schedule 1, new part 1.9 9 insert 10 Part 1.9 Works assessors column 1 column 2 column 3 item construction construction work occupation class 1 works assessor--unit works assessment work titles 11 42 Schedule 1, new part 1.9 12 substitute 13 Part 1.9 Works assessors column 1 column 2 column 3 item construction construction work occupation class 1 Class A works undertaking an exemption assessment under the assessor--planning Planning and Development Act 2007 and development page 26 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 42 column 1 column 2 column 3 item construction construction work occupation class 2 Class B works undertaking an exemption assessment under the assessor--planning Planning and Development Act 2007, in relation to the and development following: (a) site work under the Building Act 2004 for a class 1 building or class 10 building or structure; (b) development in relation to a class 1 building or class 10 building or structure, mentioned in the Planning and Development Regulation 2008, schedule 1, other than the following: (i) division 1.3.6; (ii) section 1.102 and section 1.103; (iii) section 1.105 to section 1.112 3 works assessor--unit providing, including doing anything incidental to titles providing, a unit tiles assessment report under the Unit Titles Act 2001 Construction Occupations Legislation (Exemption page 27 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 43 1 Part 5 Planning and Development 2 Act 2007 3 43 Legislation amended--pt 5 4 This part amends the Planning and Development Act 2007. 5 44 What is an exempt development? 6 Section 133, notes 7 substitute 8 Note 1 An approval may be given subject to conditions, see s 165. 9 Note 2 The planning and development authority must tell a proponent of a 10 development proposal if the development is likely to be exempt (see 11 s 138 (4) (a)). A person may apply for an exemption assessment to 12 work out whether a development is an exempt development (see 13 s 138B). 14 Note 3 An example is part of the Act, is not exhaustive and may extend, but 15 does not limit, the meaning of the provision in which it appears (see 16 Legislation Act, s 126 and s 132). 17 45 Consideration of development proposals 18 Section 138 (4) (a), new note 19 insert 20 Note A person may apply for an exemption assessment to work out 21 whether a development is an exempt development (see s 138B). page 28 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 46 New division 7.3.1A 2 insert 3 Division 7.3.1A Exemption assessments 4 138A Purpose of exemption assessment D notices 5 (1) An exemption assessment may relate to development that is to be 6 undertaken or has been undertaken. 7 (2) An exemption assessment D notice in relation to a development that 8 is to be undertaken certifies that the development is, or is not, an 9 exempt development. 10 (3) An exemption assessment D notice in relation to a development that 11 has been undertaken certifies that the development is, or is not, 12 exempt from requiring development approval based on whether the 13 development was exempt from requiring development approval at 14 the time it was done, or is currently exempt from requiring 15 development approval. 16 138B Exemption assessment applications 17 (1) A person may apply, in writing, to a works assessor or building 18 surveyor for an assessment (an exemption assessment) of whether a 19 development is an exempt development under section 133. 20 Note 1 Building surveyor--see the Constructions Occupations (Licensing) 21 Act 2004, s 9. Works assessor--see the Constructions Occupations 22 (Licensing) Act 2004, s 14A. 23 Note 2 Applying for an exemption assessment is not a requirement of the 24 development approval or building approval process (see s 138C and the 25 Building Act 2004, s 14A). If a person believes that a development is an 26 exempt development, the person need not apply for an exemption 27 assessment from a works assessor or building surveyor. Construction Occupations Legislation (Exemption page 29 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 (2) The application must-- 2 (a) include-- 3 (i) the plans relating to the development prescribed by 4 regulation; and 5 (ii) any other details or material prescribed by regulation; and 6 (b) be in writing signed by the applicant; and 7 (c) if the applicant is someone other than the lessee of the land to 8 which the application relates--also be signed by-- 9 (i) if the land to which the application relates is subject to a 10 lease--the lessee of the land; or 11 (ii) if the land to which the application relates is public land 12 or unleased land--the custodian for the land; or 13 (iii) in any other case--the planning and land authority. 14 Note If a form is approved under s 425 for an application, the form must be 15 used. 16 (3) A regulation may prescribe information required to be shown in 17 plans under subsection (2) (a) (i). 18 138C Exemption assessment not required for development 19 approval 20 (1) An exemption assessment is not a requirement of the development 21 approval process. 22 (2) A works assessor or building surveyor may issue an exemption 23 assessment D notice to a person only if the person has applied to the 24 works assessor or building surveyor for an exemption assessment. page 30 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 138D Exemption assessments and notices 2 (1) This section applies if a person applies to a works assessor or 3 building surveyor for an exemption assessment under section 138B 4 and the works assessor or building surveyor agrees to provide the 5 exemption assessment. 6 (2) The works assessor or building surveyor must-- 7 (a) prepare the exemption assessment; and 8 (b) issue a notice (an exemption assessment D notice) stating 9 whether the development is an exempt development under 10 section 133; and 11 (c) give the exemption assessment D notice to the applicant; and 12 (d) within 5 days after the day the works assessor or building 13 surveyor issues the notice--give a copy of the notice to the 14 planning and land authority. 15 Note 1 The works assessor or building surveyor may refuse to issue a notice if 16 the works assessor or building surveyor does not have enough 17 information (see s 138G). 18 Note 2 Other people may rely on an exemption assessment D notice, for 19 example, a building surveyor when issuing a building approval under 20 the Building Act 2004. 21 (3) If the development that is the subject of the application has been 22 undertaken and the works assessor or building surveyor certifies that 23 the development is exempt because the development was exempt 24 when undertaken, the exemption assessment D notice must also 25 include the dates on which the works assessor or building surveyor 26 has based the assessment that the development was exempt. Construction Occupations Legislation (Exemption page 31 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 (4) If, after taking reasonable steps, an applicant cannot find a works 2 assessor or building surveyor who will agree to provide an 3 exemption assessment, the applicant may apply to the construction 4 occupations registrar to appoint a works assessor to prepare the 5 exemption assessment and issue an exemption assessment D notice. 6 Note If the proponent of a development proposal lodges the proposal with the 7 planning and development authority, the authority must tell the 8 proponent if the development is likely to be exempt (see s 138 (4) (a)). 9 138E Exemption assessment applications--request for further 10 information 11 (1) This section applies if-- 12 (a) a works assessor or building surveyor requires further 13 information for an exemption assessment under section 138D; 14 and 15 (b) the applicant and the works assessor or building surveyor have 16 not agreed that the works assessor or building surveyor will 17 obtain the further information; and 18 (c) the works assessor or building surveyor believes on reasonable 19 grounds that the further information will help the works 20 assessor or building surveyor to prepare the assessment. 21 (2) The works assessor or building surveyor may, by written notice, ask 22 the applicant to give the works assessor or building surveyor stated 23 further information in relation to the application. 24 (3) This section does not entitle a works assessor or building surveyor 25 to require-- 26 (a) photographs to be taken by someone other than the applicant; 27 or 28 (b) photographs to be taken using equipment other than equipment 29 of the applicant's choice; or page 32 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 (c) further information if-- 2 (i) the works assessor or building surveyor has, or has 3 reasonable access to, suitable information that allows the 4 works assessor or building surveyor to decide the 5 application without personally inspecting the land where 6 the development is to be carried out; or 7 (ii) a territory law requires the works assessor or building 8 surveyor to personally obtain or be given the information. 9 Examples--suitable information works assessor or building surveyor has or 10 has reasonable access to 11 1 The website www.actmapi.act.gov.au provides aerial photographs and 12 topographical information including ground contours for some ACT areas. If 13 the land to which an application relates is covered by the website, the 14 photographs and contours have sufficient information, and are accurate and 15 recent enough, to decide the application in relation to tree and ground-height 16 related matters, the works assessor or building surveyor may not require 17 further information or documents by way of photographs or topographical 18 information in relation to trees and ground heights. 19 2 A works assessor or building surveyor may verify land tenure and permit and 20 statutory approval matters by contacting the statutory custodians of the 21 information to a sufficient degree to decide the application in relation to 22 those matters. The works assessor or building surveyor may not require 23 further information in relation to those matters. 24 3 The land to which an application relates is covered by 25 www.actmapi.act.gov.au but, because the slope of the land to be built on is 26 steeper than would be adequately shown on the website, the works assessor 27 or building surveyor does not have suitable information to allow the works 28 assessor or building surveyor to decide the application without personally 29 inspecting the land. Another website has some topographical information on 30 the land, but it is not of sufficient resolution, or recent enough, to be relied 31 on by the works assessor or building surveyor in relation to ground heights to 32 decide the application. The works assessor or building surveyor may require 33 further information in relation to ground heights. 34 Note An example is part of the Act, is not exhaustive and may extend, but 35 does not limit, the meaning of the provision in which it appears (see 36 Legislation Act, s 126 and s 132). Construction Occupations Legislation (Exemption page 33 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 (4) For this section, a works assessor or building surveyor that is a 2 partnership inspects land personally if any partner inspects the land. 3 138F Exemption assessment applications--contents of request 4 for further information 5 (1) A request under section 138E must-- 6 (a) state the period within which the further information asked for 7 must be provided; and 8 (b) if the further information is not a document--state that the 9 further information must be provided in writing; and 10 (c) state that the applicant need not provide the further 11 information, but if the applicant fails to provide some or all of 12 the information in accordance with the request, the works 13 assessor or building surveyor may under section 138G refuse 14 to issue an exemption assessment D notice; and 15 (d) state that, despite the applicant and works assessor or building 16 surveyor having previously not agreed that the works assessor 17 or building surveyor would obtain the further information, the 18 applicant and works assessor or building surveyor may agree 19 that the works assessor or building surveyor will obtain the 20 information. 21 (2) The request may require the applicant to verify all or part of any 22 information provided by statutory declaration. 23 (3) The period stated under subsection (1) (a) must be at least 24 20 working days or, if a shorter period is prescribed by regulation, 25 the shorter period. 26 (4) The works assessor or building surveyor may, on application before 27 the end of the period stated under subsection (1) (a), extend the 28 period within which the further information must be provided once 29 only, for a period not longer than 20 working days. page 34 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 47 1 138G Exemption assessment applications--effect of failure to 2 provide further information 3 (1) This section applies if-- 4 (a) a works assessor or building surveyor has asked for further 5 information under section 138E in relation to an exemption 6 assessment application; and 7 (b) the applicant has not provided some or all of the information 8 by-- 9 (i) the end of the period stated in the request; or 10 (ii) if the works assessor or building surveyor has extended 11 the period within which the further information must be 12 provided--the end of that period; and 13 (c) the applicant and the works assessor or building surveyor have 14 not agreed that the works assessor or building surveyor will 15 obtain the further information. 16 (2) The works assessor or building surveyor may refuse to issue an 17 exemption assessment D notice under section 138D. 18 47 Offence to develop without approval 19 Section 199 (6) 20 substitute 21 (6) It is a defence to a prosecution for an offence against subsection (4) 22 if the defendant proves-- 23 (a) that before undertaking the development the defendant took 24 reasonable steps to find out whether the development required 25 development approval; or Construction Occupations Legislation (Exemption page 35 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 48 1 (b) that-- 2 (i) an exemption assessment D notice was issued before, but 3 not more than 3 months before, the day the defendant 4 started to undertake the development, stating that the 5 development was an exempt development under 6 section 133; and 7 (ii) the defendant was not aware, and could not reasonably 8 have been aware, that the notice was incorrect; or 9 (c) that-- 10 (i) before the day the defendant started to undertake the 11 development, a building approval or approval of 12 amended building work plans under the Building 13 Act 2004 for which development approval was required 14 was issued; and 15 (ii) the building work was carried out when the building 16 approval, or the approval for the amended plans, was in 17 force; and 18 (iii) the defendant was not aware, and could not reasonably 19 have been aware, that the building approval, or the 20 approval of the amended plans, should not have been 21 issued without development approval. 22 Note See the Building Act 2004, s 28 (for issue of building approvals) 23 and s 32 (for amendment of approved plans). 24 48 Regulation-making power 25 Section 426 (5) 26 substitute 27 (5) A regulation may create offences and fix maximum penalties of not 28 more than 60 penalty units for the offences. page 36 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 49 1 49 New chapter 16 2 insert 3 Chapter 16 Transitional--Construction 4 Occupations Legislation 5 (Exemption Assessment) 6 Amendment Act 2010 7 468 Meaning of commencement day--ch 16 8 In this part: 9 commencement day means the day this part commences. 10 469 Transitional regulations 11 (1) A regulation may prescribe transitional matters necessary or 12 convenient to be prescribed because of the enactment of the 13 Construction Occupations Legislation (Exemption Assessment) 14 Amendment Act 2010. 15 (2) A regulation may modify this part (including in relation to another 16 territory law) to make provision in relation to anything that, in the 17 Executive's opinion, is not, or is not adequately or appropriately, 18 dealt with in this part. 19 (3) A regulation under subsection (2) has effect despite anything 20 elsewhere in this Act or another territory law. 21 (4) A regulation under subsection (2) expires 2 years after the day it 22 commences. 23 470 Expiry--ch 16 24 This part expires 2 years after the commencement day. Construction Occupations Legislation (Exemption page 37 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 50 1 50 Dictionary, new definitions 2 insert 3 building surveyor--see the Construction Occupations (Licensing) 4 Act 2004, section 9. 5 exemption assessment--see section 138B. 6 exemption assessment D notice--see section 138D. 7 works assessor--see the Constructions Occupations (Licensing) 8 Act 2004, section 14A. page 38 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 51 1 Part 6 Unit Titles Act 2001 2 51 Legislation amended--pt 6 3 This part amends the Unit Titles Act 2001. 4 52 Unit title applications--general requirements 5 New section 17 (5) (c) 6 before the note, insert 7 (c) a plan prepared by a registered surveyor showing anything 8 prescribed by regulation. 9 53 Unit title assessment reports 10 Section 22B (2), example 11 substitute 12 Examples 13 1 proposed unit title plans 14 2 information about a development approval 15 54 Unit title assessment report applications--unit title 16 assessor may require further information 17 New section 22C (3) and (4) 18 insert 19 (3) This section does not entitle a unit title assessor to require-- 20 (a) photographs to be taken by someone other than the owner of 21 the parcel of land; or 22 (b) photographs to be taken using equipment other than equipment 23 of the owner's choice; or Construction Occupations Legislation (Exemption page 39 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 54 1 (c) further information if-- 2 (i) the unit title assessor has, or has reasonable access to, 3 suitable information that allows the unit title assessor to 4 decide the application without personally inspecting the 5 land where the building work is to be carried out; or 6 (ii) a territory law requires the unit title assessor to personally 7 obtain or be given the information. 8 Examples--suitable information unit title assessor has or has reasonable 9 access to 10 1 The website www.actmapi.act.gov.au provides aerial photographs and 11 topographical information including ground contours for some ACT areas. If 12 the land to which an application relates is covered by the website, the 13 photographs and contours have sufficient information, and are accurate and 14 recent enough, to decide the application in relation to tree and ground-height 15 related matters, the unit title assessor may not require further information or 16 documents by way of photographs or topographical information in relation to 17 trees and ground heights. 18 2 A unit title assessor may verify land tenure and permit and statutory approval 19 matters by contacting the statutory custodians of the information to a 20 sufficient degree to decide the application in relation to those matters. The 21 unit title assessor may not require further information in relation to those 22 matters. 23 3 The land to which an application relates is covered by 24 www.actmapi.act.gov.au but, because the slope of the land to be built on is 25 steeper than would be adequately shown on the website, the unit title 26 assessor does not have suitable information to allow the unit title assessor to 27 decide the application without personally inspecting the land. Another 28 website has some topographical information on the land, but it is not of 29 sufficient resolution, or recent enough, to be relied on by the unit title 30 assessor in relation to ground heights to decide the application. The unit title 31 assessor may require further information in relation to ground heights. 32 Note An example is part of the Act, is not exhaustive and may extend, but 33 does not limit, the meaning of the provision in which it appears (see 34 Legislation Act, s 126 and s 132). 35 (4) For this section, a unit title assessor that is a partnership inspects 36 land personally if any partner inspects the land. page 40 Construction Occupations Legislation (Exemption Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 Construction Occupations Legislation (Exemption page 41 Assessment) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au