Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
BUILDING AMENDMENT BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 amended (Director of Building Control)
6. Section 8 amended (Assistance to Director)
7. Section 42 amended (Appeals to Appeal Board)
8. Section 44 amended (Decision of Appeal Board)
9. Section 45 amended (Notice of decision of Appeal Board)
10. Sections 46 and 47 substituted
46. Appeal to Court
47. Powers of Court on review
11. Section 51 amended (Exercise of powers by assistant
building surveyor)
12. Section 55 amended (Compliance with Building Code)
13. Section 57 substituted
57. Standards of plumbing work
14. Section 107 amended (Form of application for temporary
occupancy permit)
15. Section 113 amended (Completion of plumbing work)
16. Section 208 amended (Assistance to Appeal Board)
[Bill 19]-VII
17. Section 214 amended (Appeal relating to building
surveyor)
18. Sections 215, 216 and 217 substituted
215. Appeal relating to permit authority
216. Appeal against change of building surveyor
217. Appeal relating to fire regulations
19. Section 233A inserted
233A. Non-application of Plumbing Regulations
20. Section 248 amended (Payments to council or
Consolidated Fund)
21. Section 270 amended (Building permit levy)
2
BUILDING AMENDMENT BILL 2003
This Public Bill originated in the House of Assembly, and, having this day
passed, is now ready for presentation to the Legislative Council for its
concurrence.
P. R. ALCOCK, Clerk of the House
15 April 2003
(Brought in by the Minister for Infrastructure, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Building Act 2000
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Building Amendment Act
2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 19] 3
s. 3 No. Building Amendment 2003
Principal Act
3. In this Act, the Building Act 2000* is referred to as the
Principal Act.
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by omitting the definition of "certificate of
conformity" and substituting the following
definition:
"certificate of conformity" has the
same meaning as in the Building
Code of Australia;
(b) by inserting the following definition after the
definition of "certificate of likely compliance":
"certificate of plumbing
compliance" means a certificate
referred to in section 113(3)(b);
(c) by omitting the definition of "mandatory
notification stage" and substituting the
following definition:
"mandatory notification stage"
means
(a) a stage of building work that
requires notification to the
building surveyor under the
Building Regulations; or
(b) a stage of plumbing work
that requires notification to
*No. 100 of 2000
4
2003 Building Amendment No. s. 5
the relevant permit
authority under the
Plumbing Regulations;
(d) by omitting the definition of "permit authority"
and substituting the following definition:
"permit authority" means a person or
body authorised for that purpose
by the council of the municipal
area in which the relevant
building work, building, plumbing
work or plumbing installation is
located or, if the council has not
made such an authorisation, the
general manager of the council;
(e) by omitting "section 168" from the definition of
"permit of substantial compliance" and
substituting "section 186";
(f) by omitting "any" from paragraph (c) of the
definition of "temporary structure".
Section 6 amended (Director of Building Control)
5. Section 6 of the Principal Act is amended by omitting
"Tasmanian State Service Act 1984" and substituting
"State Service Act 2000".
Section 8 amended (Assistance to Director)
6. Section 8(1) of the Principal Act is amended by omitting
"Tasmanian State Service Act 1984" and substituting
"State Service Act 2000".
5
s. 7 No. Building Amendment 2003
Section 42 amended (Appeals to Appeal Board)
7. Section 42(1) of the Principal Act is amended by
omitting "an accredited".
Section 44 amended (Decision of Appeal Board)
8. Section 44(1) of the Principal Act is amended by
omitting paragraph (b) and substituting the following
paragraphs:
(b) in the case of a refusal of an authorised body
to grant an application for accreditation under
section 26 or in the case of a decision of an
authorised body under section 40, quash the
decision of the authorised body and substitute
its own decision in accordance with section 26
or section 40; or
(c) in the case of a dismissal of a complaint
without investigation under section 32, quash
the decision of the authorised body and require
it to investigate the complaint.
Section 45 amended (Notice of decision of Appeal
Board)
9. Section 45 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) "accredited";
(b) by omitting from subsection (2)(a) "appeal" and
substituting "application for a review";
(c) by omitting from subsection (2)(a) "magistrate"
and substituting "Magistrates Court
(Administrative Appeals Division)";
6
2003 Building Amendment No. s. 10
(d) by omitting from subsection (2)(b) "appeal" and
substituting "application for a review";
(e) by omitting from subsection (2)(b) "28 days
after the date of service of the notice." and
substituting "the prescribed period within the
meaning of section 17 of the Magistrates Court
(Administrative Appeals Division) Act 2001.".
Sections 46 and 47 substituted
10. Sections 46 and 47 of the Principal Act are repealed
and the following sections are substituted:
Appeal to Court
46. An aggrieved person may apply under the
Magistrates Court (Administrative Appeals Division)
Act 2001 for a review of
(a) a decision of the Appeal Board under
section 44(1); or
(b) a direction of the Appeal Board under
section 44(2).
Powers of Court on review
47. (1) In addition to its powers under the
Magistrates Court (Administrative Appeals Division)
Act 2001, on the determination of a review the
Magistrates Court (Administrative Appeals Division)
may
(a) if the Director has not specified an
amount of a fine under section 40(3)(e),
impose a fine not exceeding 50 penalty
units on the accredited building
practitioner; or
7
s. 11 No. Building Amendment 2003
(b) order the accredited building
practitioner to pay to the complainant or
another person any amount that the
Court considers appropriate as
compensation for any costs in bringing
the complaint; or
(c) make any other order that the Court
considers appropriate other than an
order for compensation for damages.
(2) If, on determination of a review, the
Magistrates Court (Administrative Appeals Division)
orders the authorised body to cancel the
accreditation of a building practitioner, that Court
may order that the building practitioner must not
reapply for accreditation by any authorised body
within the period specified in the order.
Section 51 amended (Exercise of powers by assistant
building surveyor)
11. Section 51 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsection:
(1) An assistant building surveyor may
exercise the powers of a building surveyor under this
Act only in respect of prescribed buildings or
buildings of a prescribed type.
Section 55 amended (Compliance with Building
Code)
12. Section 55 of the Principal Act is amended by
inserting after subsection (3) the following subsections:
8
2003 Building Amendment No. s. 13
(4) Despite subsection (1), a provision of the
Building Code of Australia does not apply to building
work
(a) for which a permit had been granted
before the provision was adopted by the
State; or
(b) if the building surveyor certifies in
writing that substantial progress had
been made on the design of the building
before the provision was adopted by the
State.
(5) Subsection (4) does not apply to a provision
of the Building Code of Australia if the building
surveyor and the owner of the land in respect of
which building work is carried out agree that the
provision applies to the building work.
Section 57 substituted
13. Section 57 of the Principal Act is repealed and the
following section is substituted:
Standards of plumbing work
57. (1) Plumbing work is to comply with the
Tasmanian Plumbing Code and this Act.
(2) Despite subsection (1), a provision of the
Tasmanian Plumbing Code does not apply to
plumbing work
(a) for which a permit had been granted
before the provision was adopted by the
State; or
(b) if the permit authority certifies in
writing that substantial progress had
9
s. 14 No. Building Amendment 2003
been made on the design of the plumbing
installation before the provision was
adopted by the State.
(3) Subsection (2) does not apply to a provision
of the Tasmanian Plumbing Code if the permit
authority and the owner of the land in respect of
which plumbing work is carried out agree that the
provision applies to the plumbing work.
Section 107 amended (Form of application for
temporary occupancy permit)
14. Section 107(b) of the Principal Act is amended by
inserting "any specified documents and" after "by".
Section 113 amended (Completion of plumbing
work)
15. Section 113 of the Principal Act is amended as follows:
(a) by inserting in subsection (3)(b) "certifying"
after "plumber";
(b) by inserting the following subsection after
subsection (5):
(6) A certificate of plumbing compliance
is to
(a) be in an approved form; and
(b) be accompanied by any specified
documents.
10
2003 Building Amendment No. s. 16
Section 208 amended (Assistance to Appeal Board)
16. Section 208(1) of the Principal Act is amended by
omitting "Tasmanian State Service Act 1984" and
substituting "State Service Act 2000".
Section 214 amended (Appeal relating to building
surveyor)
17. Section 214 of the Principal Act is amended by
omitting subsection (1) and substituting the following
subsection:
(1) An owner of a building or land, or a
building practitioner engaged by such an owner, may
appeal to the Appeal Board against the exercise of,
or failure to exercise, any power by a building
surveyor under this Act in relation to that building
or land.
Sections 215, 216 and 217 substituted
18. Sections 215, 216 and 217 of the Principal Act are
repealed and the following sections are substituted:
Appeal relating to permit authority
215. An owner of a building or land, or a plumber
engaged by such an owner, may appeal to the Appeal
Board against the exercise of, or failure to exercise,
any power by a permit authority under this Act in
relation to that building or land.
Appeal against change of building surveyor
216. An owner of a building or land, or a building
surveyor engaged by such an owner, may appeal to
11
s. 19 No. Building Amendment 2003
the Appeal Board against a decision made under
section 54.
Appeal relating to fire regulations
217. An owner of a building or land may appeal to
the Appeal Board against the exercise of any power
under the General Fire Regulations 2000, or any
regulations made in substitution for those
regulations, in relation to that building or land.
Section 233A inserted
19. After section 233 of the Principal Act, the following
section is inserted in Division 2:
Non-application of Plumbing Regulations
233A. (1) A provision of the Plumbing Regulations
does not apply to any plumbing work
(a) for which a plumbing permit is granted
before the provision commences; or
(b) if the permit authority certifies in
writing that substantial progress was
made on the design of the plumbing
installation before the provision
commences.
(2) Subsection (1) does not apply if the permit
authority and the owner of land in respect of which
plumbing work is to be carried out agree that a
provision of the Plumbing Regulations applies to the
plumbing work.
12
2003 Building Amendment No. s. 20
Section 248 amended (Payments to council or
Consolidated Fund)
20. Section 248(a) of the Principal Act is amended by
omitting "council" second occurring and substituting
"general manager".
Section 270 amended (Building permit levy)
21. Section 270 of the Principal Act is amended by
omitting subsection (1) and substituting the following
subsection:
(1) A levy is payable to the permit authority in
respect of building work, and related plumbing work,
the estimated total cost of which is more than
(a) the prescribed amount; or
(b) if no amount is so prescribed, $5 000.
Government Printer, Tasmania 13