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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Building Legislation Amendment
(Quality of Construction) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of environmental planning and assessment
legislation 2
4 Amendment of home building legislation 2
5 Amendment of conveyancing legislation 2
Schedules
1 Amendment of environmental planning and assessment
legislation 3
2 Amendment of home building legislation 30
3 Amendment of conveyancing legislation 41
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Building Legislation Amendment
(Quality of Construction) Bill 2002
Act No , 2002
An Act to amend the Environmental Planning and Assessment Act 1979, the
Home Building Act 1989 and various other Acts and instruments with respect to
the quality of building construction; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Building Legislation Amendment (Quality of Construction) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Building Legislation Amendment (Quality of
Construction) Act 2002.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by subsection (2).
(2) Schedule 1.1 [14] commences on the date of assent to this Act, or on
the commencement of Schedule 2 [6] to the Land and Environment
Court Amendment Act 2002, whichever is the later.
3 Amendment of environmental planning and assessment legislation
The Environmental Planning and Assessment Act 1979, the
Environmental Planning and Assessment Regulation 2000, the
Environmental Planning and Assessment (Savings and
Transitional) Regulation 1998 and the Local Government and
Environmental Planning and Assessment Amendment (Transfer of
Functions) Act 2001 are amended as set out in Schedule 1.
4 Amendment of home building legislation
The Home Building Act 1989, the Home Building Regulation 1997,
the Home Building Legislation Amendment Act 2001 and the
Consumer, Trader and Tenancy Tribunal Act 2001 are amended as
set out in Schedule 2.
5 Amendment of conveyancing legislation
The Conveyancing (Sale of Land) Regulation 2000 is amended as
set out in Schedule 3.
Page 2
Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
Schedule 1 Amendment of environmental planning
and assessment legislation
(Section 3)
1.1 Environmental Planning and Assessment Act 1979 No 203
[1] Section 18 Commissioners of Inquiry
Omit section 18 (2) and (4) (b).
[2] Section 20 Local Government Liaison Committee
Insert after section 20 (3):
(4) The Committee is, for the purpose of any Act, a statutory
body representing the Crown.
[3] Section 22 Establishment of other committees
Omit section 22 (2). Insert instead:
(2) The functions of a committee established under
subsection (1) are to be as specified in the instrument by
which the committee is established, and (without limitation)
may include:
(a) the investigation of any matter relevant to the
administration or execution of this Act, and
(b) the preparation of advice, opinions or recommendations
with respect to any such matter for the Minister, the
Director-General, a consent authority or any other
person or body engaged in the administration of this
Act.
[4] Section 22 (5)
Insert after section 22 (4):
(5) A committee established under subsection (1) is, for the
purpose of any Act, a statutory body representing the Crown.
[5] Section 23 Delegation
Insert after section 23 (1):
(1A) A function with respect to an accreditation body that is
delegated to the Director-General under subsection (1) by the
Minister may be subdelegated by the Director-General to any
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
person referred to in subsection (1) (a)(f), except to the
extent to which the terms of the delegation prohibit
subdelegation.
[6] Section 80 Determination
Insert ", together with any variations to the construction certificate or
plans and specifications that are effected in accordance with this Act or the
regulations," before "are taken" in section 80 (12).
[7] Section 80 (13) and (14)
Omit the subsections, including the note appearing after subsection (14).
[8] Section 81A Effects of development consents and
commencement of development
Omit section 81A (2) (b). Insert instead:
(b) the person having the benefit of the development
consent has appointed a principal certifying authority
for the building work, and
(b1) the principal certifying authority has, no later than 2
days before the building work commences, notified the
following persons of his or her appointment:
(i) the consent authority,
(ii) the council (if the council is not the consent
authority), and
[9] Section 81A (4) (b) and (b1)
Omit section 81A (4) (b). Insert instead:
(b) the person having the benefit of the development
consent has appointed a principal certifying authority
for the subdivision work, and
(b1) the principal certifying authority has, no later than 2
days before the subdivision work commences, notified
the following persons of his or her appointment:
(i) the consent authority,
(ii) the council (if the council is not the consent
authority), and
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
[10] Section 81A (6) and (7)
Insert after section 81A (5):
(6) Crown building work
Subsections (2) and (4) do not apply in relation to Crown
building work that is certified, in accordance with section
116G, to comply with the technical provisions of the State's
building laws.
(7) Penalty for contravention of subsection (2) or (4)
The maximum penalty that may be imposed for a
contravention of subsection (2) or (4) is 300 penalty units.
[11] Section 86 Commencement of complying development
Omit section 86 (1) (a). Insert instead:
(a) the person having the benefit of the complying
development certificate has appointed a principal
certifying authority for the building work, and
(a1) the principal certifying authority has, no later than 2
days before the building work commences, notified the
council of his or her appointment, and
[12] Section 86 (2) (a) and (a1)
Omit section 86 (2) (a). Insert instead:
(a) the person having the benefit of the complying
development certificate has appointed a principal
certifying authority for the subdivision work, and
(a1) the principal certifying authority has, no later than
2 days before the subdivision work commences,
notified the council of his or her appointment, and
[13] Section 86 (3) and (4)
Insert after section 86 (2):
(3) Crown development
Subsections (1) and (2) do not apply in relation to
development carried out by the Crown.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
(4) Penalty for contravention of subsection (1) or (2)
The maximum penalty that may be imposed for a
contravention of subsection (1) or (2) is 300 penalty units.
[14] Section 96AA Modification by consent authorities of consents
granted by the Court
Omit "council" wherever occurring (except where occurring in section
96AA (1) (b) (ii)).
Insert instead "consent authority".
[15] Section 109C Part 4A certificates
Insert after section 109C (1):
(1A) A single compliance certificate may deal with any number of
matters, whether of the same or of a different kind.
[16] Section 109E Principal certifying authorities
Omit section 109E (1). Insert instead:
(1) The person having the benefit of a development consent or
complying development certificate for development
involving building work or subdivision work may appoint the
consent authority or an accredited certifier as the principal
certifying authority for the development.
(1A) Despite subsection (1), such an appointment may not be made
by a building contractor (that is, any person by whom the
building work or subdivision work is to be carried out) unless
the building contractor is the owner of the land on which the
work is to be carried out.
[17] Section 109E (3)
Omit subsections (3) and (4) (but not the note appearing after subsection
(4)).
Insert instead:
(3) The functions of the principal certifying authority with
respect to building work or subdivision work are as follows:
(a) to ensure that a construction certificate is issued in
relation to the work,
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
(b) to ensure that each person by whom the work is carried
out is the holder of the appropriate licence or permit,
and is covered by the appropriate insurance, as required
by the Home Building Act 1989,
(c) to ensure that, while the work is being carried out, it is
inspected by the principal certifying authority or
another certifying authority on such occasions as are
prescribed by the regulations,
(d) to ensure that compliance certificates are issued for
each matter as to which the principal certifying
authority must be satisfied before issuing the relevant
occupation certificate or subdivision certificate but in
respect of which the principal certifying authority
proposes to rely on compliance certificates issued by
other persons,
(e) to ensure that all requirements of this Act and the
regulations that must be satisfied before an occupation
certificate or subdivision certificate may be issued for
the work have been satisfied,
(f) to issue the relevant occupation certificate or
subdivision certificate for the work,
(g) to comply with such other requirements as may be
prescribed by the regulations.
[18] Section 109EA
Insert after section 109E:
109EA Replacement of certifying authorities
(1) Unless the relevant authority so approves in writing, a person
may not be appointed as:
(a) a certifying authority with respect to any construction
certificate for any aspect of development, or
(b) a principal certifying authority for development,
to replace a person who has previously been appointed as
such.
(2) For the purposes of this section, the relevant authority is:
(a) if the person previously appointed is an accredited
certifier, the accreditation body by which the person is
accredited, and
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
(b) if the person previously appointed is a consent
authority, the consent authority.
[19] Section 109H Restriction on issue of occupation certificates
Insert after section 109H (1) (b):
(b1) that all building work involved in the erection of the
building has been carried out in accordance with the
provisions of each relevant development consent,
complying development certificate and construction
certificate, and
[20] Section 109H (2) (a)
Omit "change of building use". Insert instead "new building use".
[21] Section 109M Occupation and use of new building requires
occupation certificate
Omit "Maximum penalty: 25 penalty units." from section 109M (1).
Insert instead:
Maximum penalty:
(a) in the case of a Class 1a or Class 10 building, as referred
to in the Building Code of Australia, 5 penalty units, or
(b) in the case of any other building, 1,000 penalty units.
[22] Section 109N Change of building use of existing building requires
occupation certificate
Omit "commence" from section 109N (1). Insert instead "effect".
[23] Section 109Q Regulations under Part 4A
Insert at the end of the section:
(2) In particular, the regulations may authorise a consent
authority or council to impose a fee with respect to any Part
4A certificate that is lodged with it, whether pursuant to a
requirement of this Act or the regulations or otherwise.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
[24] Section 109T Accreditation of accredited certifiers
Insert after section 109T (2):
(2A) For the purposes of subsection (2) (b), an accreditation body
may rely on a certificate that has been issued by an insurer and
that states that, in respect of a specified period, a specified
accredited certifier is covered by the required insurance
(within the meaning of section 109ZN).
[25] Section 109U Auditing of accredited certifiers
Omit the section.
[26] Section 109ZA Tribunal may make certain disciplinary findings
Omit "section 109U or 109Z" from section 109ZA (1).
Insert instead "section 109Z or 118Q".
[27] Section 109ZA (2) (e)
Omit "300". Insert instead "1,000".
[28] Section 109ZG Conflicts of interest
Insert after section 109ZG (1):
(1AA) Subsection (1) (a) does not make it an offence for an
accredited certifier (otherwise than as a principal certifying
authority) to issue a compliance certificate of the kind
referred to in section 109C (1) (a) (i) for any aspect of
development in respect of which he or she has been involved
in the preparation of plans and specifications.
[29] Section 109ZN Accredited certifiers
Insert after section 109ZN (2):
(3) For the purposes of this section, an accredited certifier who is
employed by a council to exercise the functions of a certifying
authority on its behalf, whether within or beyond its area, is
covered by the required insurance if the council is
indemnified by its general insurance policy against any
liability to which it may become subject as a result of the
exercise of those functions by the accredited certifier.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
[30] Section 116G Building, demolition and incidental work
Omit section 116G (6).
[31] Section 118A Power of entry
Insert after section 118A (2A):
(2B) The principal certifying authority for any development may
enter the land on which the development is carried out,
including any building or work being erected on the land, for
the purpose of exercising his or her functions as the principal
certifying authority with respect to the development.
(2C) Subject to the regulations, this Division applies to a principal
certifying authority referred to in subsection (2B) as if his or
her functions as a principal certifying authority were the
functions of a council and as if he or she had been authorised
by a council to enter premises for the purpose of exercising
those functions.
[32] Part 6, Division 1B
Insert after Division 1A:
Division 1B Investigation of certifying authorities
118O Definitions
In this Division:
Departmental auditor means a Departmental auditor
appointed under section 118P or 118Q.
Tribunal means the Administrative Decisions Tribunal.
118P Investigation of councils acting as certifying authorities
(1) The Director-General may appoint a member of staff of the
Department as a Departmental auditor to investigate the work
and activities of a council in its capacity as a certifying
authority.
(2) The Departmental auditor must report to the Director-General
on the results of the investigation.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
(3) The Director-General must send a copy of the report to the
Director-General of the Department of Local Government
and to the council.
(4) A report furnished to the council under this section must be
presented at the next meeting of the council after the report is
received.
(5) Within 40 days after it receives a report under this section, a
council must give written notice to the Director-General of
the things done or proposed to be done to give effect to any
recommendations contained in the report.
118Q Investigation of accredited certifiers acting as certifying
authorities
(1) The Director-General may appoint a member of staff of the
Department as a Departmental auditor to investigate the work
and activities of an accredited certifier in his or her capacity
as a certifying authority.
(2) The Departmental auditor must report to the Director-General
on the results of the investigation.
(3) The Director-General must send a copy of the report to the
accredited certifier.
(4) If satisfied, as a result of any such investigation, that the
accredited certifier is or may be guilty of unsatisfactory
professional conduct or professional misconduct within the
meaning of Part 4B, the Director-General:
(a) may also furnish a copy of the report to the relevant
accreditation body and any person prescribed by the
regulations, and
(b) may apply to the Tribunal for a disciplinary finding
against an accredited certifier with respect to any matter
arising from the report.
(5) If the Director-General applies to the Tribunal as referred to
in subsection (4) (b), the Director-General may, by order in
writing served on the accredited certifier, suspend the
accredited certifier's authority to exercise the functions of an
accredited certifier pending the Tribunal's decision on the
application.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
(6) An order under subsection (5) may be varied or revoked by
the Tribunal at any time before or during proceedings on an
application referred to in subsection (4) (b).
118R Powers of Departmental auditor
(1) A Departmental auditor may direct a person to do any one or
more of the following:
(a) to appear personally before the Departmental auditor at
a time and place specified in the direction,
(b) to give evidence (including evidence on oath),
(c) to produce to the Departmental auditor any document
that is in that person's custody or under that person's
control,
(d) to grant to the Departmental auditor such authorities as
may be necessary to enable the Departmental auditor to
gain access to any document that is in the custody or
under the control of any other person.
(2) A person to whom such a direction is given must not fail to
comply with the direction.
(3) For the purposes of this section, a Departmental auditor may
administer an oath.
(4) A Departmental auditor may take copies of or extracts from
any document to which the Departmental auditor gains access
under this section.
(5) For the purposes of this section, a Departmental auditor is
taken to have been authorised by the Director-General to enter
premises under Division 1A, and, subject to the regulations,
may exercise the functions conferred on a person so
authorised by or under that Division.
[33] Section 121H Notice to be given of proposed order
Insert after section 121H (4):
(5) Notice to principal certifying authority
If a council proposes to give an order in relation to building
work or subdivision work for which another person is the
principal certifying authority, the council must give the other
person notice of its intention to give the order.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
[34] Section 125 Offences against this Act and the regulations
Insert after section 125 (4):
(5) Unless the context otherwise requires, a requirement under
this Act or the regulations that must be complied with by a
particular time, or within a particular period, continues after
the time has expired or the period ended, and so must still be
complied with.
[35] Section 126 Penalties
Omit section 126 (2). Insert instead:
(2) A person guilty of an offence against the regulations is, for
every such offence, liable to:
(a) the penalty (not exceeding 1,000 penalty units)
expressly imposed by the regulations, or
(b) if no such penalty is imposed, to a penalty not
exceeding 1,000 penalty units.
[36] Section 127 Proceedings for offences
Omit section 127 (5) and (6). Insert instead:
(5) Proceedings in respect of an offence against this Act or the
regulations may be commenced not later than 2 years after the
offence was alleged to be committed.
[37] Section 127 (7)
Insert "or the regulations" after "this Act" in section 127 (7).
[38] Section 127A Penalty notices for certain offences
Insert "or the regulations" after "under this Act" in section 127A (1).
[39] Section 127A (6) (d)
Insert at the end of section 127A (6) (c):
, and
(d) prescribe different amounts of penalties for the same
offence, including, in the case of a continuing offence,
different amounts of penalties for different periods
during which the offence continues.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
[40] Section 127A (9)
Omit the subsection. Insert instead:
(9) In this section, authorised person means a person who is
declared by the regulations to be an authorised person for the
purposes of this section or who belongs to a class of persons
so declared.
[41] Section 148A
Insert after section 148:
148A Improper influence with respect to conduct of accredited
certifier acting as certifying authority
(1) An accredited certifier must not, on an understanding that he
or she will act otherwise than impartially in the exercise of his
or her functions as a certifying authority, seek or accept, or
offer or agree to accept, any benefit of any kind, whether on
his or her own behalf or on behalf of any other person.
Maximum penalty: 10,000 penalty units or imprisonment for
2 years, or both.
(2) A person must not, on an understanding that an accredited
certifier will act otherwise than impartially in the exercise of
his or her functions as a certifying authority, give, or offer or
agree to give, any benefit of any kind, whether to the
accredited certifier or to any other person.
Maximum penalty: 10,000 penalty units or imprisonment for
2 years, or both.
(3) In this section, a reference to the functions of a certifying
authority includes a reference to the functions of a principal
certifying authority under section 109E.
[42] Section 158
Insert after section 157:
158 Exclusion of personal liability
A matter or thing done, or omitted to be done, by:
(a) the Minister, or
(b) the Director-General, or
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
(c) any member of staff of the Department, or
(d) a Commissioner of Inquiry, or
(e) the Local Government Liaison Committee, or any
member of that Committee, or
(f) any committee referred to in section 22, or any member
of such a committee, or
(g) any person acting under the direction of a person or
body referred to in paragraph (a)(f),
does not subject the Minister, the Director-General, a member
of staff, the Commissioner of Inquiry, a committee member or
a person so acting personally to any action, liability, claim or
demand if the matter or thing was done, or omitted to be done,
in good faith for the purpose of executing this Act.
[43] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Building Legislation Amendment (Quality of Construction)
Act 2002
[44] Schedule 6
Insert at the end of the Schedule, with appropriate Part and clause
numbers:
Part Building Legislation Amendment
(Quality of Construction) Act 2002
Definition
In this Part, the 2002 amending Act means the Building
Legislation Amendment (Quality of Construction) Act 2002.
Status of certain committees
A committee referred to in section 20 or 22 is taken from the
time of its constitution to have been a statutory body
representing the Crown.
Delegations
Any authorisation granted to the Director-General under
clause 199 of the Environmental Planning and Assessment
Regulation 2000 that was in force immediately before the
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
commencement of section 23 (1A), as inserted by the 2002
amending Act, is taken to be a delegation under section 23 (1),
and may be subdelegated accordingly.
Nature of construction certificate
Section 80 (12), as amended by the 2002 amending Act,
extends to any variation to a construction certificate, plan or
specification that lawfully occurred before the
commencement of that amendment.
Commencement of development under development consents
Section 81A, as amended by the 2002 amending Act, extends
to building work or subdivision work the subject of a
development consent granted before the commencement of
those amendments unless the work had begun before that
commencement.
Commencement of development under complying
development certificates
Section 86, as amended by the 2002 amending Act, extends to
building work or subdivision work the subject of a complying
development certificate issued before the commencement of
those amendments unless the work had begun before that
commencement.
Part 4A certificates
Section 109C (1A), as inserted by the 2002 amending Act,
extends to matters arising before the commencement of that
subsection.
Appointment of principal certifying authorities
Section 109E, as amended by the 2002 amending Act, extends
to any development consent or complying development
certificate issued before the commencement of those
amendments for which a principal certifying authority has yet
to be appointed.
Replacement of certifying authorities
Section 109EA, as inserted by the 2002 amending Act,
extends to the replacement of a certifying authority or
principal certifying authority who had been appointed before
the commencement of that section.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
Restriction on issue of occupation certificates
Section 109H (1) (b1), as inserted by the 2002 amending Act,
does not apply to any building work that commenced before
that amendment.
Conflicts of interest
Section 109ZG (1AA), as inserted by the 2002 amending Act,
extends to matters arising before the commencement of that
subsection.
Investigation of certifying authorities
(1) Subject to subclause (2), Division 1B of Part 6, as inserted by
the 2002 amending Act, extends to matters arising before the
commencement of that Division.
(2) Section 109U, as in force immediately before its repeal by the
2002 amending Act, continues to apply to any investigation
that had commenced before the repeal of that section as if that
Act had not been enacted.
Proceedings for offences
Section 127 (5), as substituted by the 2002 amending Act,
does not apply to offences arising before the commencement
of that amendment.
Improper influence with respect to conduct of accredited
certifier acting as certifying authority
Section 148A, as inserted by the 2002 amending Act, does not
apply to conduct occurring before the commencement of that
section.
Exclusion of personal liability
Section 158, as inserted by the 2002 amending Act, extends to
matters arising before the commencement of that section.
Conditions of development consent
Clauses 98A and 98B of the Environmental Planning and
Assessment Regulation 2000, as inserted by the 2002
amending Act, do not apply to work that had been
commenced before the commencement of those clauses.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
Conditions of complying development certificate
Clauses 136B and 136C of the Environmental Planning and
Assessment Regulation 2000, as inserted by the 2002
amending Act, do not apply to work that had been
commenced before the commencement of those clauses.
Time limits for accredited certifiers
The amendments to clauses 130, 138, 142, 151 and 160 of the
Environmental Planning and Assessment Regulation 2000
made by the 2002 amending Act do not apply to any
determination made under any of those clauses, or any
certificate issued under any of those clauses, before the
commencement of those amendments.
1.2 Environmental Planning and Assessment Regulation 2000
[1] Part 6, Division 8A, heading
Insert before clause 98:
Division 8A Prescribed conditions of development
consent
[2] Clauses 98A and 98B
Insert after clause 98:
98A Erection of signs
(1) For the purposes of section 80A (11) of the Act, the
requirements of this clause are prescribed as conditions of a
development consent for development that involves any
building work or demolition work.
(2) A sign must be erected in a prominent position on any work
site on which building work or demolition work is being
carried out:
(a) showing the name, address and telephone number of the
principal certifying authority for the work, and
(b) showing the name of the person in charge of the work
site and a telephone number at which that person may
be contacted outside working hours, and
(c) stating that unauthorised entry to the work site is
prohibited.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
(3) Any such sign is to be maintained while the building work or
demolition work is being carried out, but must be removed
when the work has been completed.
(4) This clause does not apply in relation to building work or
demolition work that is carried out inside, and does not affect
the external walls of, an existing building.
(5) This clause does not apply in relation to Crown building work
that is certified, in accordance with section 116G of the Act,
to comply with the technical provisions of the State's building
laws.
98B Notification of Home Building Act 1989 requirements
(1) For the purposes of section 80A (11) of the Act, the
requirements of this clause are prescribed as conditions of a
development consent for development that involves any
residential building work within the meaning of the Home
Building Act 1989.
(2) Residential building work within the meaning of the Home
Building Act 1989 must not be carried out unless the principal
certifying authority for the development to which the work
relates (not being the council) has given the council written
notice of the following information:
(a) in the case of work to be done by the holder of a
contractor licence under that Act:
(i) the name and licence number of the contractor,
and
(ii) the name of the insurer by whom the work is
insured under Part 6 of that Act,
(b) in the case of work to be done by the holder of an
owner-builder permit under that Act, the name and
permit number of the owner-builder.
(3) If arrangements for doing the residential building work are
changed while the work is in progress so that the information
notified under subclause (2) becomes out of date, further work
must not be carried out unless the principal certifying
authority for the development to which the work relates (not
being the council) has given the council written notice of the
updated information.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
(4) This clause does not apply in relation to Crown building work
that is certified, in accordance with section 116G of the Act,
to comply with the technical provisions of the State's building
laws.
[3] Clause 103 Notice under section 81A of the Act of appointment of
principal certifying authority
Omit "(2) (b) (ii) or (4) (b) (ii)". Insert instead "(2) (b1) or (4) (b1)".
[4] Clause 103 (a)
Omit the paragraph.
[5] Clause 103 (e)
Insert ", and of the person by whom the principal certifying authority was
appointed" after "authority".
[6] Clause 103 (f) (iv)
Insert at the end of clause 103 (f) (iii):
and
(iv) a telephone number at which he or she may be
contacted during ordinary office hours,
[7] Clause 130 Procedure for determining application for complying
development certificate
Omit "7 days" from clause 130 (4). Insert instead "2 days".
[8] Clause 135 Notice under section 86 of the Act of appointment of
principal certifying authority
Omit "(1) (a) (ii) or (2) (a) (ii)". Insert instead "(1) (a1) or (2) (a1)".
[9] Clause 135 (a)
Omit the paragraph.
[10] Clause 135 (e)
Insert ", and of the person by whom the principal certifying authority was
appointed" after "authority".
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
[11] Clause 135 (f) (iv)
Insert at the end of clause 135 (f) (iii):
and
(iv) a telephone number at which he or she may be
contacted during ordinary office hours,
[12] Part 7, Division 2A, heading
Insert after clause 136:
Division 2A Conditions of complying development
certificate
[13] Existing clause 133
Renumber as clause 136A, and transfer to Division 2A of Part 7.
[14] Clauses 136B and 136C
Insert after clause 136A (as transferred in accordance with item [13]):
136B Erection of signs
(1) A complying development certificate for development that
involves any building work or demolition work must be
issued subject to a condition that the work is carried out in
accordance with the requirements of this clause.
(2) A sign must be erected in a prominent position on any work
site on which building work or demolition work is being
carried out:
(a) showing the name, address and telephone number of the
principal certifying authority for the work, and
(b) showing the name of the person in charge of the work
site and a telephone number at which that person may
be contacted outside working hours, and
(c) stating that unauthorised entry to the work site is
prohibited.
(3) Any such sign is to be maintained while the building work or
demolition work is being carried out, but must be removed
when the work has been completed.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
(4) This clause does not apply in relation to building work or
demolition work that is carried out inside, and does not affect
the external walls of, an existing building.
(5) This clause does not apply in relation to Crown building work
that is certified, in accordance with section 116G of the Act,
to comply with the technical provisions of the State's building
laws.
136C Notification of Home Building Act 1989 requirements
(1) A complying development certificate for development that
involves any residential building work within the meaning of
the Home Building Act 1989 must be issued subject to a
condition that the work is carried out in accordance with the
requirements of this clause.
(2) Residential building work within the meaning of the Home
Building Act 1989 must not be carried out unless the principal
certifying authority for the development to which the work
relates (not being the council) has given the council written
notice of the following information:
(a) in the case of work to be done by the holder of a
contractor licence under that Act:
(i) the name and licence number of the contractor,
and
(ii) the name of the insurer by whom the work is
insured under Part 6 of that Act,
(b) in the case of work to be done by the holder of an
owner-builder permit under that Act, the name and
permit number of the owner-builder.
(3) If arrangements for doing the residential building work are
changed while the work is in progress so that the information
notified under subclause (2) becomes out of date, further work
must not be carried out unless the principal certifying
authority for the development to which the work relates (not
being the council) has given the council written notice of the
updated information.
(4) This clause does not apply in relation to Crown building work
that is certified, in accordance with section 116G of the Act,
to comply with the technical provisions of the State's building
laws.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
[15] Clause 138 Compliance certificates
Omit "7 days" from clause 138 (3). Insert instead "2 days".
[16] Clause 142 Procedure for determining application for
construction certificate
Omit "7 days" from clause 142 (2). Insert instead "2 days".
[17] Clause 147 Form of construction certificate
Insert after clause 147 (1) (e):
(f) the classification (in accordance with the Building Code
of Australia) of the building to which the certificate
relates.
[18] Clause 147 (1A)
Insert after clause 147 (1):
(1A) A construction certificate may indicate different
classifications for different parts of the same building.
[19] Clause 148 Modification of construction certificate
Insert after clause 148 (2):
(3) As soon as practicable after granting an application to modify
development in respect of which an application for a
construction certificate has previously been referred to the
Fire Commissioner under clause 144, but for which (in its
modified form) an application for a construction certificate
for a building would no longer be required to be so referred, a
certifying authority must notify the Fire Commissioner that
the building to which the construction certificate relates is no
longer a building to which clause 144 applies.
[20] Clause 151 Procedure for determining application for occupation
certificate
Omit "7 days" from clause 151 (2). Insert instead "2 days".
[21] Clause 156 Occupation and use of new buildings: section 109M (2)
Omit clause 156 (1) and the second paragraph of the note to the clause.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
[22] Clause 160 Procedure for determining application for subdivision
certificate
Omit "7 days" from clause 160 (2). Insert instead "2 days".
[23] Clause 162 Consent authority to be notified of replacement
principal certifying authority
Omit "is given to the consent authority within 2 days of the appointment".
Insert instead "is given to the consent authority (and, if the consent
authority is not the council, to the council) within 2 days of the
appointment, but only in circumstances in which an accreditation body's
approval is required for the appointment".
[24] Clause 162A
Insert after clause 162:
162A Inspections to be conducted: section 109E (3)
(1) For the purposes of section 109E (3) (c) of the Act, the
occasions on which building work must be inspected are as set
out in this clause.
(2) In the case of the erection of a concrete structure (other than
the placement or relocation of a pre-fabricated concrete
structure), inspections must be conducted, for each stage of
construction that involves a concrete pour:
(a) after any steel reinforcement has been positioned and
before any formwork has been completed, and
(b) after any formwork has been completed and before the
concrete is poured.
(3) In the case of a building whose construction involves the
placement or relocation of a pre-fabricated concrete structure,
an inspection must be conducted immediately after the
placement or relocation has been completed.
(4) In the case of a building whose construction involves floor
framing, an inspection must be conducted immediately after
the framing has been completed.
(5) In the case of a building whose construction involves wall
framing, an inspection must be conducted immediately after
the framing has been completed.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
(6) In the case of a building whose construction involves roof
framing, an inspection must be conducted immediately after
the framing has been completed.
(7) In the case of a building or structure whose construction
involves the installation of waterproofing, an inspection must
be conducted immediately after the installation has been
completed.
(8) In all cases, an inspection must be conducted after the
building or structure has been completed and before an
occupation certificate is issued in relation to the building.
[25] Clause 177 Annual fire safety statement to be given to council and
Fire Commissioner and prominently displayed in building
Insert after clause 177 (2):
(2A) Failure to give an annual fire safety statement to the council
within the time prescribed by subclause (2) (b) constitutes a
separate offence for each week beyond the expiry of that time
for which the failure continues.
[26] Clause 180 Supplementary fire safety statement to be given to
council and Fire Commissioner and prominently displayed in
building
Insert after clause 180 (2):
(2A) Failure to give a supplementary fire safety statement to the
council within the time required by the current fire safety
schedule for the building constitutes a separate offence for
each week beyond the expiry of that time for which the failure
continues.
[27] Clause 284 Penalty notice offences: section 127A
Omit "Column 4" from clause 284 (1) (b). Insert instead "Column 2".
[28] Clause 284 (3) and (4)
Insert after clause 284 (2):
(3) The following persons are declared to be authorised persons
for the purposes of section 127A of the Act:
(a) any person who is generally or specially authorised by
the Minister to be an authorised person for those
purposes,
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
(b) any person (including a member of staff of the
Department) who is generally or specially authorised
by the Director-General to be an authorised person for
those purposes,
(c) any person (including an employee of a council) who is
generally or specially authorised by a council to be an
authorised person for those purposes,
(d) any police officer.
(4) Despite subclause (3), the following persons only are declared
to be authorised persons for the purposes of section 127A of
the Act for an offence referred to in section 125 (2) of the Act
in relation to a contravention of clause 130 (4), 138 (3), 142
(2), 151 (2) or 160 (2) of this Regulation:
(a) any person who is generally or specially authorised by
the Minister to be an authorised person for those
purposes,
(b) any person (including a member of staff of the
Department) who is generally or specially authorised
by the Director-General to be an authorised person for
those purposes.
[29] Clause 285 Short descriptions
Omit the clause.
[30] Schedule 5 Penalty notice offences
Omit Columns 2 and 3, and renumber Column 4 as Column 2.
[31] Schedule 5
Insert after the matter relating to a contravention of order No 11 in the
Table to section 121B:
Section 125 (1) of the Act in relation to $1,500
contravention of order No 15 in Table to
section 121B
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
[32] Schedule 5
Insert before the matter relating to a contravention of clause 172 (1) (b):
Section 125 (2) of the Act in relation to $600
contravention of clause 130 (4) of this
Regulation
Section 125 (2) of the Act in relation to $600
contravention of clause 138 (3) of this
Regulation
Section 125 (2) of the Act in relation to $600
contravention of clause 142 (2) of this
Regulation
Section 125 (2) of the Act in relation to $600
contravention of clause 151 (2) of this
Regulation
Section 125 (2) of the Act in relation to $600
contravention of clause 160 (2) of this
Regulation
[33] Schedule 5
Omit "$600" from Column 2 (as renumbered by item [30]) in relation to a
contravention of clause 177 (1).
Insert instead:
$1,000, for the offence of failing
to give an annual fire safety
certificate that occurs during the
second week after the time for
giving the certificate expires.
$1,500, for the offence of failing
to give an annual fire safety
certificate that occurs during the
third week after the time for
giving the certificate expires.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 1 Amendment of environmental planning and assessment legislation
$2,000, for the offence of failing
to give an annual fire safety
certificate that occurs during the
fourth or any subsequent week
after the time for giving the
certificate expires.
[34] Schedule 5
Omit "$600" from Column 2 (as renumbered by item [30]) in relation to a
contravention of clause 180 (1).
Insert instead:
$500, for the offence of failing to
give a supplementary fire safety
certificate that occurs during the
first week after the time for
giving the certificate expires.
$1,000, for the offence of failing
to give a supplementary fire
safety certificate that occurs
during the second week after the
time for giving the certificate
expires.
$1,500, for the offence of failing
to give a supplementary fire
safety certificate that occurs
during the third week after the
time for giving the certificate
expires.
$2,000, for the offence of failing
to give a supplementary fire
safety certificate that occurs
during the fourth or any
subsequent week after the time
for giving the certificate expires.
Page 28
Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of environmental planning and assessment legislation Schedule 1
1.3 Environmental Planning and Assessment (Savings and
Transitional) Regulation 1998
Clause 51 Application of sections 93 and 732 to matters arising
under amended EP&A Act 1979
Omit the clause.
1.4 Local Government and Environmental Planning and
Assessment Amendment (Transfer of Functions) Act 2001
No 93
Schedule 2 Amendment of Environmental Planning and
Assessment Act 1979
Omit Schedule 2 [11][13].
Page 29
Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 2 Amendment of home building legislation
Schedule 2 Amendment of home building legislation
(Section 4)
2.1 Home Building Act 1989 No 147
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
officer, in relation to a corporation, includes a director of the
corporation and any person concerned in the management of
the corporation.
[2] Section 20 Issue of licences
Insert after section 20 (3):
(4) The Director-General must reject an application for a licence
if not satisfied that the applicant meets such standards of
financial solvency as the Director-General determines to be
appropriate to the class of licence to which the application
relates.
[3] Section 20 (5)
Insert "or (4)" after "(2)".
[4] Section 40 Renewal or restoration of authorities
Insert after section 40 (4):
(4A) The Director-General must reject an application for renewal
or restoration of a licence if not satisfied that the applicant
meets such standards of financial solvency as the Director-
General determines to be appropriate to the class of licence to
which the application relates.
(4B) A decision of the Director-General relating to determining
standards under subsection (4A) cannot be reviewed by the
Administrative Decisions Tribunal in an application for
review made under this Act.
Page 30
Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of home building legislation Schedule 2
[5] Section 48A Definitions
Omit the definition of building dispute from section 48A (1).
Insert instead:
building dispute means a dispute that has been notified as
referred to in section 48C.
[6] Part 3A, Division 2
Omit the Division. Insert instead:
Division 2 Dealing with a building dispute
48B Definitions
In this Division:
complainant means a person who has notified the Director-
General of a building dispute under section 48C.
contractor means the holder of a contractor licence to whom
a building dispute relates.
inspector means a person appointed to carry out an
investigation into a building dispute, as referred to in
section 48D.
rectification order means an order referred to in section
48E (1) or (2).
48C Notification of building dispute
Any person may notify the Director-General, in such manner
as the Director-General may approve, that the person has a
dispute with the holder of a contractor licence with respect to
residential building work or specialist work done by the
contractor or the supply of a kit home by the contractor.
48D Investigation of dispute
(1) The Director-General may appoint a member of staff of the
Department of Fair Trading to investigate any matter that has
given rise to a building dispute.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 2 Amendment of home building legislation
(2) After completing an investigation, an inspector must cause a
written report to be prepared on the results of the investigation
and cause copies of the report to be given to the complainant
and the contractor.
48E Inspector may make rectification order
(1) If, after completing an investigation under section 48D, an
inspector is satisfied:
(a) that any residential building work or specialist work
contracted to be done by the contractor is incomplete, or
(b) that any residential building work or specialist work
done by the contractor is defective, or
(c) that the contractor, in the course of doing any
residential building work or specialist work, has caused
damage to any structure or work, or
(d) that, as a consequence of any defective residential
building work or specialist work done by the contractor,
a structure or work has been damaged,
the inspector may serve a written order on the contractor
requiring the contractor to take such steps as are specified in
the order to ensure that the work is completed or the defect or
damage rectified, as the case requires.
(2) If, after completing an investigation under section 48D, an
inspector is satisfied:
(a) that any kit home supplied by the contractor is
incomplete, or
(b) that any kit home supplied by the contractor is
defective, or
(c) that the contractor has failed to supply a kit home,
the inspector may serve a written order on the contractor
requiring the contractor to take such steps as are specified in
the order to ensure that the kit home is supplied or completed
or the defect rectified, as the case requires.
(3) A rectification order:
(a) may specify conditions (including conditions with
respect to the payment of money) to be complied with
by the complainant before the requirements of the order
must be complied with, and
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of home building legislation Schedule 2
(b) must specify a date by which the requirements of the
order must be complied with, subject to the
complainant's compliance with any condition referred
to in paragraph (a), and
(c) must indicate that the order will cease to have effect if
the matter giving rise to the order becomes the subject
of a building claim before the date specified in
accordance with paragraph (b).
48F Effect of rectification order
(1) Except as provided by section 51, a rectification order does
not give rise to any rights or obligations.
(2) Subject to section 48I, a rectification order ceases to have
effect for the purposes of section 51 if the matter giving rise
to the order becomes the subject of a building claim before the
date specified in accordance with section 48E (3) (b).
[7] Section 48I Application for determination of building claim
Insert at the end of the section:
(2) A building claim may be withdrawn by the claimant at any
time.
(3) If, immediately before a building claim was made, the
claimant was subject to the requirements of a rectification
order under Division 2, the building claim may not be
withdrawn except with the leave of the Tribunal.
(4) When granting leave to the withdrawal of a building claim
referred to in subsection (3), the Tribunal may restore the
rectification order referred to in that subsection.
[8] Section 48J
Omit the section. Insert instead:
48J Certain applications to be rejected
The Registrar of the Tribunal must reject any application to
the Tribunal for the determination of a building claim unless:
(a) the Registrar is satisfied that the subject-matter of the
building claim has been investigated under Division 2,
or
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 2 Amendment of home building legislation
(b) the Chairperson of the Tribunal directs that the building
claim be accepted without such an investigation having
been made.
[9] Section 48N Tribunal may have regard to certain building reports
Omit "an expert to whom a building claim was referred under Division 2
in relation to the matter" from section 48N (1).
Insert instead "an inspector by whom any matter giving rise to a building
dispute has been investigated under Division 2".
[10] Section 48N (2)
Omit "An expert to whom a building claim was referred under
Division 2".
Insert instead "The inspector".
[11] Section 48N (2A), (2B), (2C) and (2D)
Insert after section 48N (2):
(2A) The Tribunal may appoint an independent expert, from a
panel of experts approved by the Chairperson of the Tribunal,
to advise the Tribunal as to any matter that the Tribunal refers
to the expert for advice.
(2B) In any proceedings for which an independent expert has been
appointed under subsection (2A), no party may call any other
expert to give evidence in the proceedings, or tender any
report prepared by any other expert, except by leave of the
Tribunal.
(2C) Subject to any order of the Tribunal, the costs of an
independent expert appointed under subsection (2A) are to be
borne by the parties in equal proportions.
(2D) Anything done or omitted to be done by an independent
expert under this Division does not, if the thing was done or
omitted to be done in good faith for the purposes of this
Division, subject the expert personally to any action, liability,
claim or demand.
[12] Section 48N (3)
Insert "inspector or" before "expert".
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of home building legislation Schedule 2
[13] Section 51 Improper conduct: generally
Insert after section 51 (2) (a):
(b) without reasonable cause, does not comply with the
requirements of a rectification order under Division 2 of
Part 3A, or
[14] Section 54 Improper conduct: members of partnerships or
officers of corporations
Insert after section 54 (4):
(5) Division 2 applies to disciplinary action taken against an
individual referred to in subsection (4) in the same way as it
applies to disciplinary action taken against the holder of an
authority, and references in that Division to the holder of an
authority extend to an individual so referred to.
[15] Section 62 Disciplinary action that may be taken by Director-
General
Omit section 62 (f). Insert instead:
(f) cancel the authority,
(g) disqualify the holder, either temporarily or
permanently, from being any one or more of the
following:
(i) the holder of any authority, or any specified kind
of authority,
(ii) a member of a partnership, or an officer of a
corporation that is a member of a partnership, that
is the holder of an authority,
(iii) an officer of a corporation that is the holder of an
authority.
[16] Section 114 Home Building Administration Fund
Insert after section 114 (3) (a):
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 2 Amendment of home building legislation
[17] Part 7A
Insert after Part 7:
Part 7A Home building advisory and advocacy
services
115A Home building advisory and advocacy services
(1) The Minister must engage such persons or bodies as the
Minister may determine to provide home building advisory
and advocacy services to the public.
(2) The regulations must make provision with respect to the
reports to be furnished to the Minister by persons and bodies
engaged under this section.
(3) In this section, home building advisory and advocacy
services means:
(a) the development and provision of education programs
in relation to consumer rights concerning home
purchase and home construction, or
(b) the provision to consumers of advisory and advocacy
services in relation to home purchase and home
construction, or
(c) the referral of consumers to building consultants and
legal practitioners for further advice in relation to the
technical and legal aspects of home purchase and home
construction, or
(d) the publication of information as to the programs and
services that are available from the Government or from
other sources in relation to home purchase and home
construction, or
(e) such other services as are declared by the regulations to
be services that are eligible for funding under this
section.
[18] Section 126 Power of entry
Omit "its" from section 126 (1). Insert instead "the Director-General's".
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Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of home building legislation Schedule 2
[19] Section 138A Penalty notices
Insert at the end of section 138A (9) (b):
, or
(c) an investigator appointed under the Fair Trading
Act 1987.
[20] Section 145 Review of Act
Insert after section 145 (3):
(4) Without limiting subsection (1), the Minister is to review this
Act with a view to establishing a Home Building Compliance
Commission in accordance with the recommendations of the
Joint Select Committee on the Quality of Buildings in its
Report on the Quality of Buildings.
(5) The review is to be completed within 2 years after the date of
assent to the Building Legislation Amendment (Quality of
Construction) Act 2002.
(6) A report on the outcome of the review is to be tabled in each
House of Parliament as soon as possible after the review is
completed and, in any case, within 4 months after the end of
the 2-year period referred to in subsection (5).
[21] Schedule 4 Savings and transitional provisions
Insert at the end of clause 2 (1):
Building Legislation Amendment (Quality of Construction)
Act 2002
[22] Schedule 4
Insert at the end of the Schedule, with appropriate Part and clause
numbers:
Part Building Legislation Amendment
(Quality of Construction) Act 2002
Definition
In this Part, the 2002 amending Act means the Building
Legislation Amendment (Quality of Construction) Act 2002.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 2 Amendment of home building legislation
Issue, renewal and restoration of licences
Sections 20 and 40, as amended by Schedule 2.1 [2][4] to the
2002 amending Act, do not apply to applications made before
the commencement of those amendments.
Continuation of Division 2 of Part 3A in relation to current
building disputes
Division 2 of Part 3A, as in force immediately before the
commencement of Schedule 2.1 [6] to the 2002 amending
Act, continues to apply to current building disputes (that is,
building disputes that had been notified in accordance with
that Division before that commencement) as if that Act had
not been enacted.
Use of expert's building reports
Section 48N, as in force immediately before the
commencement of Schedule 2.1 [9] and [10] to the 2002
amending Act, continues to apply to proceedings on a
building claim with respect to a matter that had been dealt
with under Division 2 of Part 3A, as then in force.
Disciplinary action
Section 62, as amended by Schedule 2.1 [15] to the 2002
amending Act, extends to proceedings commenced before the
commencement of that amendment.
2.2 Home Building Regulation 1997
[1] Clause 59
Insert after clause 58:
59 Conditions to be included in certain contracts
(1) Pursuant to section 7E of the Act, a contract to do residential
building work must include each of the conditions set out in
Part 1 of Schedule 3A.
(2) Pursuant to section 16DE of the Act, a contract to supply a kit
home must include each of the conditions set out in Part 2 of
Schedule 3A.
Page 38
Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of home building legislation Schedule 2
[2] Schedule 3A
Insert after Schedule 3:
Schedule 3AConditions to be included in certain
contracts
(Clause 59)
Part 1 Contracts to do residential building work
1 Plans and specifications
(1) All plans and specifications for work to be done under this
agreement, including any variations to those plans and
specifications, are taken to form part of this agreement.
(2) Any agreement to vary this agreement, or to vary the plans
and specifications for work to be done under this agreement,
does not have effect unless it is in writing signed by each party
to this agreement.
(3) This clause does not apply to a contract of the kind referred to
in clause 13 of the Home Building Regulation 1997.
2 Quality of construction
All work done under this agreement will comply with:
(a) the Building Code of Australia, and
(b) all other relevant codes, standards and specifications,
and
(c) the conditions of any relevant development consent or
complying development certificate.
Part 2 Contracts to supply kit homes
3 Plans and specifications
(1) All plans and specifications for building components to be
supplied under this agreement, including any variations to
those plans and specifications, are taken to form part of this
agreement.
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 2 Amendment of home building legislation
(2) Any agreement to vary this agreement, or to vary the plans
and specifications for building components to be supplied
under this agreement, does not have effect unless it is in
writing signed by each party to this agreement.
4 Quality of construction
All building components supplied under this agreement will
comply with:
(a) the Building Code of Australia, and
(b) all other relevant codes, standards and specifications,
and
(c) the conditions of any relevant development consent or
complying development certificate.
2.3 Home Building Legislation Amendment Act 2001 No 51
[1] Schedule 9 Amendments inserting savings and transitional
provisions
Omit "Section 103A (3) and sections" from clause 66 (4), as proposed to
to be inserted by Schedule 9 [2] into Schedule 4 to the Home Building
Act 1989.
Insert instead "Sections".
[2] Schedule 9
Omit "the subsection and sections" from clause 66 (4), as proposed to be
inserted by Schedule 9 [2] into Schedule 4 to the Home Building Act 1989.
Insert instead "the sections".
2.4 Consumer, Trader and Tenancy Tribunal Act 2001 No 82
Section 28 Procedure of Tribunal generally
Insert after section 28 (7):
(8) Subsection (5) (h) does not apply in relation to proceedings on
a building claim arising under Part 3A of the Home Building
Act 1989.
Note. The withdrawal of building claims is dealt with in section 48I of that
Act.
Page 40
Building Legislation Amendment (Quality of Construction) Bill 2002
Amendment of conveyancing legislation Schedule 3
Schedule 3 Amendment of conveyancing legislation
(Section 5)
Conveyancing (Sale of Land) Regulation 2000
Schedule 2 Prescribed term
Number the existing clause as "1" and insert after that clause:
2 Strata units bought "off the plan"
(1) This clause applies to a contract for the sale of:
(a) a lot in a strata plan within the meaning of the Strata
Schemes (Freehold Development) Act 1973 or the
Strata Schemes (Leasehold Development) Act 1986, or
(b) a lot in a proposed strata plan within the meaning of
either of those Acts,
where the contract is entered into before the date of
registration of the strata plan, or within 12 months after that
date, and where an occupation certificate under section 109M
of the Environmental Planning and Assessment Act 1979 is
required before the building to which the lot relates may
lawfully be occupied.
Note. An occupation certificate is not required for any lot that forms part
of development carried out by or on behalf of the Crown.
(2) Despite any other provision of this contract or any other
agreement, completion under this contract is not required
until at least 14 days after the purchaser has been provided
with a final occupation certificate within the meaning of the
Environmental Planning and Assessment Act 1979 for the
building to which the lot relates.
3 "Land and house" packages
(1) This clause applies to a contract for sale of a lot in a deposited
plan or in a proposed deposited plan, being a contract:
(a) that also provides for the erection by the vendor of a
dwelling-house on the lot, or
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Building Legislation Amendment (Quality of Construction) Bill 2002
Schedule 3 Amendment of conveyancing legislation
(b) that also provides for the sale of a dwelling-house
already erected on the lot,
where an occupation certificate under section 109M of the
Environmental Planning and Assessment Act 1979 is required
before the dwelling-house may lawfully be occupied.
Note. An occupation certificate is not required for any lot that forms part
of development carried out by or on behalf of the Crown.
(2) Despite any other provision of this contract or any other
agreement, completion under this contract is not required
until at least 14 days after the purchaser has been provided
with a final occupation certificate within the meaning of the
Environmental Planning and Assessment Act 1979 for the
dwelling-house.
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