Australian Capital Territory Repealed Regulations

This legislation has been repealed.

BUILDING REGULATION 2004 (REPEALED) - NOTES

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     chief executive

              •     may (see s 146)

              •     person

              •     under.

Note 3     Terms used in this regulation have the same meaning that they have in the Building Act 2004 (see Legislation Act, s 148). For example, the following terms are defined in the Building Act 2004, dict:

              •     alteration

              •     building code

              •     building work

              •     certificate of regularisation

              •     class

              •     Land Act

              •     structure.

AS 1684 means the Australian Standard 1684 (Residential timber-framed construction—design criteria) as in force from time to time.

AS 2870 means the Australian Standard 2870 (Residential slabs and footings—construction) as in force from time to time.

AS 3533 means the Australian Standard 3533 (Amusement rides and devices—design and construction) as in force from time to time.

AS 3623 means the Australian Standard 3623 (Domestic metal framing) as in force from time to time.

AS 3700 means the Australian Standard 3700 (Masonry structures) as in force from time to time.

"asbestos"—see the Dangerous Substances Act 2004, section 47A.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

This regulation was made as part of the Building Act 2004 (see A2004-11, s 177 and sch 1).

This regulation was originally the Building Regulations 2004. It was renamed under the Legislation Act 2001.

Building Regulation 2004 SL2004-34

taken to have been notified LR 26 March 2004 (A2004-11, s 177 (3) (a))

s 1 taken to have commenced 26 March 2004 (LA s 75 (1))

remainder commenced 1 September 2004 (A2004-11, s 177 (3) (b))

as amended by

Emergencies Act 2004 A2004-28 sch 3 pt 3.2

notified LR 29 June 2004

s 1, s 2 commenced 29 June 2004 (LA s 75 (1))

sch 3 pt 3.2 commenced 1 September 2004 (s 2 (2) and see Building Act 2004 A2004-11, s 2 and Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)

Dangerous Substances (Asbestos) Amendment Act 2004 A2004-66 sch 1 pt 1.2

notified LR 31 August 2004

s 1, s 2 commenced 31 August 2004 (LA s 75 (1))

sch 1 pt 1.2 commenced 1 September 2004 (s 2 (2))

Building Amendment Regulations 2004 (No 1) SL2004-46

notified LR 8 September 2004

s 1, s 2 commenced 8 September 2004 (LA s 75 (1))

remainder commenced 9 September 2004 (s 2)

Construction Occupations Legislation Amendment Act 2005
A2005-34 sch 1 pt 1.2

notified LR 6 July 2005

s 1, s 2 commenced 6 July 2005 (LA s 75 (1))

sch 1 pt 1.2 commenced 27 July 2005 (s 2)

Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.2

notified LR 21 December 2005

s 1, s 2 commenced 21 December 2005 (LA s 75 (1))

sch 3 pt 3.2 commenced 11 January 2006 (s 2 (1))

Building Amendment Regulation 2006 (No 1) SL2006-15

notified LR 8 May 2006

s 1, s 2 commenced 8 May 2006 (LA s 75 (1))

remainder commenced 9 May 2006 (s 2)

Asbestos Legislation Amendment Act 2006 A2006-16 sch 1 pt 1.2 (as am by A2006-24 s 4)

notified LR 18 May 2006

s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

sch 1 pt 1.2 commenced 1 July 2006 (s 2 (1) as am by A2006-24 s 4)

Asbestos Legislation Amendment Act 2006 (No 2) A2006-24

notified LR 18 May 2006

s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

remainder commenced 19 May 2006 (s 2)

Note     This Act only amends the Asbestos Legislation Amendment Act 2006 A2006-16.

as repealed by

Building (General) Regulation 2008 SL2008-3 s 105

notified LR 3 March 2008
s 1, s 2 commenced 3 March 2008 (LA s 75 (1))
s 105 commenced 31 March 2008 (s 2 and see Building Legislation Amendment Act 2007 A2007-26, s 2, Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)

4     Amendment history

Name of regulation
s 1     am R3 LA

Meaning of building work—Act, s 6 (2) (a) and (b)
s 4A     ins A2004-66 amdt 1.2
    am A2005-34 amdt 1.16
    sub A2006-16 amdt 1.19

Meaning of specialist building work—Act, s 9 (b)
s 4B     ins A2004-66 amdt 1.2
    am A2005-34 amdt 1.16
    sub A2006-16 amdt 1.19

Exempt buildings—Act, s 12
s 5     am SL2004-46 s 4

Exempt building work—Act, s 15 (1) (b) and s 83 (1) (b)
s 7 hdg     sub A2006-16 amdt 1.20

Exempt building work involving asbestos—Act, s 15 (1) (b) and (2), s 65 (2) and s 83 (1) (b) and (2)
s 7A     ins A2006-16 amdt 1.21

Building approval for asbestos removal—Act, s 26 (3)
s 12A     ins A2004-66 amdt 1.3
    am A2005-34 amdt 1.16; A2006-16 amdt 1.22

Requirements for plans for asbestos removal—Act, s 27 (1) (a)
s 14A     ins A2004-66 amdt 1.4
    am A2005-34 amdt 1.16; A2006-16 amdt 1.22

Consultation and consent—Act, s 27 (1) (b)
s 15     am A2004-28 amdt 3.2; A2006-16 amdt 1.23

Substantial alteration—Act, s 29 (2) (a)
s 16 hdg     sub A2005-34 amdt 1.17
s 16     am A2005-34 amdt 1.18

Unaltered parts that need not comply with building code—Act, s 29 (2) (b)
s 16A     ins A2005-34 amdt 1.19
    am A2005-62 amdt 3.70

Consent or approval on completion of building work—Act, s 48 (2) (d)
s 22     am A2004-28 amdt 3.3

Building code application to bushfire-prone area—Act, s 136 (4)
s 29A hdg     sub SL2006-15 s 4
s 29A     ins A2004-28 amdt 3.4

Building code application to pre-1/5/06 development applications—Act, s 136 (4)
s 29B     ins SL2006-15 s 5
    exp 1 May 2007 (s 29B (4))

Expiry of definition of asbestos
s 31     ins A2004-66 amdt 1.5
    om A2005-34 amdt 1.20

Modifications of Act, pt 11—Act, s 179
s 32     ins SL2004-46 s 5
    am A2005-34 amdt 1.21
    exp 1 September 2006 (see A2004-11 s 180)

Dictionary
dict     def asbestos ins A2004-66 amdt 1.6

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Sept 2004	1 Sept 2004– 8 Sept 2004	A2004-66	new regulation and amendments by A2004-28 and A2004-66
R2 9 Sept 2004	9 Sept 2004– 3 Nov 2004	SL2004-46	amendments by SL2004-46
R3 4 Nov 2004	4 Nov 2004– 26 July 2005	SL2004-46	editorial amendments under Legislation Act
R4 27 July 2005	27 July 2005– 10 January 2006	A2005-34	amendments by A2005-34
R5 11 Jan 2006	11 Jan 2006– 8 May 2006	A2005-62	amendments by A2005-62
R6 9 May 2006	9 May 2006– 30 June 2006	SL2006-15	amendments by SL2006-15
R7 1 July 2006	1 July 2006– 1 Sept 2006	A2006-24	amendments by A2006-16 as amended by A2006-24
R8 2 Sept 2006	2 Sept 2006– 1 May 2007	A2006-24	commenced expiry
R9 2 May 2007	2 May 2007 30 Mar 2008	A2006-24	commenced expiry

© Australian Capital Territory 2008

Australian Capital Territory

SL2004-34

Republication No 10

Effective: 31 March 2008

Republication date: 31 March 2008

As repealed by SL2008-3 s 105




Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Building Regulation 2004 (repealed), made under the Building Act 2004, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 31 March 2008.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Building Regulation 2004 (repealed)

Endnotes

Australian Capital Territory

Building Regulation 2004 (repealed)