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TASMANIA
__________
BUILDING (CONSEQUENTIAL
AMENDMENTS) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Building and Construction Industry Training Fund
Regulations 1991 amended
4. Architects Act 1929 amended
4A. Authorised body under Building Act 2000
5. Consequential amendments to Acts
6. Consequential amendments to Statutory Rules
Schedule 1 Consequential Amendments to Acts
Schedule 2 Consequential Amendments to Statutory Rules
[Bill 20]-VII
2
BUILDING (CONSEQUENTIAL
AMENDMENTS) 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 certain Acts consequent on the
enactment of 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 (Consequential
Amendments) Act 2003.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
[Bill 20] 3
s. 3 No. Building (Consequential Amendments) 2003
Building and Construction Industry Training Fund
Regulations 1991 amended
3. Regulation 2A of the Building and Construction
Industry Training Fund Regulations 1991 is amended by
omitting subregulation (1) and substituting the following
subregulation:
(1) At the time of paying any fee under the
Building Act 2000 for a permit for any building or
construction work, a project owner must pay the levy
payable in respect of that work to the Board or a
collection agency.
Architects Act 1929 amended
4. After section 4 of the Architects Act 1929, the following
section is inserted in Part II:
Authorised body under Building Act 2000
4A. (1) The Board may enter into any agreement in
respect of becoming a part of an authorised body for
the purposes of Division 1 of Part 4 of the Building
Act 2000.
(2) The Board may make an application to be
an authorised body under section 19 of the Building
Act 2000.
(3) If the Board is an authorised body, or part
of an authorised body, within the meaning of the
Building Act 2000, the Board may exercise or
perform any of the powers or functions of an
authorised body under that Act.
4
2003 Building (Consequential Amendments) No. s. 5
Consequential amendments to Acts
5. The Acts specified in Schedule 1 are amended as
specified in that Schedule.
Consequential amendments to Statutory Rules
6. The Statutory Rules specified in Schedule 2 are
amended as specified in that Schedule.
5
sch. 1 No. Building (Consequential Amendments) 2003
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
TO ACTS
Section 5
Acts Interpretation Act 1931
1. Section 46 is amended as follows:
(a) by omitting the definition of "Building
Regulations" and substituting the following
definition:
"Building Regulations" has the same
meaning as in the Building Act
2000;
(b) by omitting the definition of "Plumbing
Regulations" and substituting the following
definition:
"Plumbing Regulations" has the same
meaning as in the Building Act
2000;
Building and Construction Industry Training
Fund Act 1990
1. Section 3(1) is amended as follows:
(a) by inserting the following definition after the
definition of "building or construction work":
"building permit" has the same
meaning as in the Building Act
2000;
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2003 Building (Consequential Amendments) No. sch. 1
(b) by omitting the definition of "building
surveyor";
(c) by inserting the following definitions after the
definition of "the levy":
"permit authority" has the same
meaning as in the Building Act
2000;
"plumbing permit" has the same
meaning as in the Building Act
2000;
(d) by omitting "notice" from paragraph (a) of the
definition of "project owner" and substituting
"permit".
2. Section 23 is amended by omitting paragraph (b) and
substituting the following paragraph:
(b) if there is no contract, the cost determined by
the permit authority.
3. Section 25 is amended by omitting "notice" and
substituting "permit or plumbing permit".
4. Section 27 is amended as follows:
(a) by omitting from paragraph (a) "notice" and
substituting "permit or plumbing permit";
(b) by omitting from paragraph (b) "notice" and
substituting "permit or plumbing permit".
5. Section 42(2)(f) is amended by omitting "notice" and
substituting "permit or plumbing permit".
6. Schedule 2 is amended as follows:
(a) by omitting item 1 and substituting the
following item:
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sch. 1 No. Building (Consequential Amendments) 2003
1. A building or structure that
(a) is undergoing construction or
alteration which requires a
building permit; or
(b) is undergoing construction or
alteration which requires a
plumbing permit; or
(c) forms, or is part of, a water-
reticulation plant or works, a
water-treatment plant or works or
a water-pumping station.
(b) by omitting item 7 and substituting the
following item:
7. Any other similar work that is subject to
the approval of a council before it may be
carried out.
Crown Lands Act 1976
1. Section 2 is amended by omitting "Local Government
(Building and Miscellaneous Provisions) Act 1993" from
paragraph (b) of the definition of "works" and substituting
"Building Act 2000".
Fire Service Act 1979
1. Section 133A is amended as follows:
(a) by omitting from subsection (1) "section 67 of
the Local Government (Building and
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2003 Building (Consequential Amendments) No. sch. 1
Miscellaneous Provisions) Act 1993" and
substituting "section 203 of the Building Act
2000";
(b) by omitting from subsection (2) "Division 10 of
Part 2 of the Local Government (Building and
Miscellaneous Provisions) Act 1993" and
substituting "Part 12 of the Building Act
2000".
Historic Cultural Heritage Act 1995
1. Section 90(c) is amended by omitting "Local
Government (Building and Miscellaneous Provisions) Act
1993" and substituting "Building Act 2000".
Housing Indemnity Act 1992
1. Section 16(1) is amended as follows:
(a) by inserting in paragraph (c) "or assistant
building surveyor" after "surveyor";
(b) by inserting in paragraph (d) "granted under
the Local Government Act 1962" after
"competency".
Local Government (Building and Miscellaneous
Provisions) Act 1993
1. Section 3(1) is amended as follows:
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sch. 1 No. Building (Consequential Amendments) 2003
(a) by omitting the definition of "building area"
and substituting the following definition:
"building area" means an area of land
that, immediately before the
commencement of section 5 and
Schedule 1 of the Building
(Consequential Amendments) Act
2003, was
(a) an urban building area; or
(b) a changing building area; or
(c) a country building area
within the meaning of section 43 of this
Act as in force immediately before that
commencement;
(b) by omitting the definition of "building
surveyor".
2. Section 108 is amended by omitting subsection (4) and
substituting the following subsection:
(4) Compensation is not payable for the
dedication of land which lies within 9 metres of the
middle line of the highway of a parcel into which the
land is subdivided and on which no building stands.
3. Section 109 is amended as follows:
(a) by omitting paragraphs (a) and (b) from
subsection (1);
(b) by omitting from subsection (1)(c) "outer";
(c) by omitting from subsection (1)(h) "paragraphs
(a) to (e)" and substituting "paragraph (c), (d)
or (e)";
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2003 Building (Consequential Amendments) No. sch. 1
(d) by omitting from subsection (2)(b)(i) "a central"
and substituting "an";
(e) by omitting subparagraph (ii) from subsection
(2)(b);
(f) by omitting from subsection (2)(b)(iii) "outer";
(g) by omitting subparagraphs (i) and (ii) from
subsection (3)(a) and substituting the following
subparagraphs:
(i) has an area of 270 square metres;
and
(ii) has a frontage to a street of not
less than 9 metres; and
(h) by omitting from subsection (3)(b) "inner or
outer";
(i) by omitting from subsection (3)(b)(ii)
"subsection (1)(b) and (c)" and substituting
"subsection (1)(c)";
(j) by omitting from subsection (3)(b)(ii) "in an
inner area 15 metres or in an outer area";
(k) by omitting subparagraphs (i) and (ii) from
subsection (3)(d);
(l) by omitting from subsection (3)(d)(iii) "outer";
(m) by inserting the following subsection after
subsection (8):
(9) In this section
"changing building area" is an area of
land that immediately before the
commencement of section 5 and
Schedule 1 of the Building
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sch. 1 No. Building (Consequential Amendments) 2003
(Consequential Amendments) Act
2003 was a changing building area
within the meaning of section 43 of
this Act as in force immediately
before that commencement;
"country building area" is an area of
land that immediately before the
commencement of section 5 and
Schedule 1 of the Building
(Consequential Amendments) Act
2003 was a country building area
within the meaning of section 43 of
this Act as in force immediately
before that commencement;
"urban building area" is an area of
land that immediately before the
commencement of section 5 and
Schedule 1 of the Building
(Consequential Amendments) Act
2003 was an urban building area
within the meaning of section 43 of
this Act as in force immediately
before that commencement.
Local Government (Highways) Act 1982
1. Section 3(1) is amended by omitting the definition of
"changing building area".
2. Section 49 is repealed and the following section is
substituted:
Application of Division 3, Part III
49. (1) This Division applies to cities and towns.
12
2003 Building (Consequential Amendments) No. sch. 1
(2) This Division also applies to that area of
land specified in Schedule 1 to the Local Government
(Highways) Order 1984 (being the Old Beach
Changing Building Area).
(3) The Governor may by order declare that
this Division ceases to apply to the area referred to
in subsection (2).
3. Section 64 is repealed and the following section is
substituted:
Application of Part V
64. (1) This Part applies to cities, other than the
cities of Hobart and Launceston, and to towns.
(2) This Part also applies to that area of land
specified in Schedule 1 to the Local Government
(Highways-Construction of Unmade Streets) Order
1987 (being part of the Carnarvon Bay, Safety Cove
Changing Building Area).
(3) The Governor may by order declare that
this Part ceases to apply to the area referred to in
subsection (2).
Plumbers and Gas-fitters Registration Act 1951
1. Section 2(1) is amended as follows:
(a) by omitting the definition of "building area";
(b) by omitting "regulation 271 of the Building
Regulations" from paragraph (c) of the
definition of "mechanical services plumbing"
and substituting "section 268 of the Building
Act 2000".
13
sch. 1 No. Building (Consequential Amendments) 2003
2. Section 9 is amended as follows:
(a) by omitting from subsection (1) "in that
building area" first occurring;
(b) by omitting from subsection (1) ", in that
building area";
(c) by omitting from subsection (3A) "in that
building area" three times occurring;
(d) by omitting from subsection (3B) "in that
building area" twice occurring.
3. Section 12(1B) is amended by omitting "Plumbing
Regulations" and substituting "Building Act 2000".
4. Section 21A(1) is amended by omitting paragraphs (a)
and (b) and substituting the following paragraphs:
(a) the Building Act 2000; or
(b) the regulations made under the Building Act
2000; or
5. Schedule 1 is amended as follows:
(a) by omitting from clause 4 ", in any building
area";
(b) by omitting from clause 5(a) "in any building
area";
(c) by omitting from clause 5(b) "and in any
building area";
(d) by omitting from clause 6 "and in any building
area";
(e) by omitting from clause 7 "in any building
area,".
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2003 Building (Consequential Amendments) No. sch. 1
Roads and Jetties Act 1935
1. Section 9A(7) is amended by omitting "Building
Regulations" and substituting "Building Act 2000 or
regulations made under the Building Act 2000".
2. Section 52D(1) is amended by omitting paragraph (a).
Rosetta Landslip Act 1992
1. Schedule 1 is amended as follows:
(a) by omitting the definition of "building
regulations" from Part 1;
(b) by omitting from clause 1(c) of Part 2 "building
regulations generally" and substituting
"Building Act 2000";
(c) by omitting from clause 2(b) of Part 2 "building
regulations relating" and substituting
"Building Act 2000 in relation";
(d) by omitting from clause 3(c) of Part 2 "building
regulations relating" and substituting
"Building Act 2000 in relation".
Sewers and Drains Act 1954
1. Section 2(1) is amended as follows:
(a) by omitting "Division 10 of Part 2 of the Local
Government (Building and Miscellaneous
Provisions) Act 1993" from the definition of
15
sch. 1 No. Building (Consequential Amendments) 2003
"Building Appeal Board" and substituting
"section 203 of the Building Act 2000";
(b) by omitting the definition of "Building
Regulations";
(c) by omitting the definition of "septic tank" and
substituting the following definition:
"septic tank" means an on-site waste
water management system within
the meaning of the Building Act
2000;
2. Section 50(2) is amended by omitting "Building
Regulations or Plumbing Regulations" and substituting
"Building Act 2000".
3. Section 51A(2)(b)(i) is amended by omitting "Building
Regulations" and substituting "Building Act 2000".
4. Section 60 is amended by omitting subsection (1) and
substituting the following subsection:
(1) The owner of a house in a septic tank
district is to
(a) install, and maintain, in accordance with
this Act, any water-closets required
under the Building Act 2000 together
with the cisterns, pipes and other
apparatus necessary for the operation of
the water-closets; and
(b) carry out all other works and structural
alterations associated with the water-
closets required under the Building Act
2000.
5. Section 61 is amended as follows:
16
2003 Building (Consequential Amendments) No. sch. 1
(a) by omitting from subsection (1)(a) "Building
Regulations or Plumbing Regulations" and
substituting "Building Act 2000";
(b) by omitting from subsection (2) "Building
Regulations or Plumbing Regulations" and
substituting "Building Act 2000".
6. Section 62 is repealed.
7. Section 85(2)(d) is amended by omitting "Building
Regulations" twice occurring and substituting "Building
Act 2000".
Strata Titles Act 1998
1. Section 31(3) is amended as follows:
(a) by omitting from paragraph (b) "Part 2 of the
Local Government (Building and
Miscellaneous Provisions) Act 1993" and
substituting "the Building Act 2000";
(b) by omitting from paragraph (c) "Part 2 of the
Local Government (Building and
Miscellaneous Provisions) Act 1993" and
substituting "the Building Act 2000".
2. Section 144(1)(b) is amended by omitting "section 5 of
the Local Government (Building and Miscellaneous
Provisions) Act 1993" and substituting "the Building Act
2000".
17
sch. 1 No. Building (Consequential Amendments) 2003
The Hellyer Mine Agreement Ratification Act
1987
1. Section 11 is repealed and the following section is
substituted:
Building Act 2000 not to apply in certain cases
11. The Building Act 2000 does not apply to any
buildings or structures erected on any land which is
subject to the Consolidated Mineral Lease or such
other lease as may be granted and issued pursuant
to the Agreement where such buildings or structures
have as their principal purpose the extraction and
processing of mineral ores.
Workplace Health and Safety Act 1995
1. Section 57 is amended as follows:
(a) by omitting from subsection (6) "the Building
Regulations 1994 and the Plumbing
Regulations 1994" and substituting "the
Building Act 2000";
(b) by omitting subsection (11) and substituting
the following subsection:
(11) Nothing in the regulations
prejudices or affects the application of
(a) the Building Act 2000; or
(b) the Building Regulations or
Plumbing Regulations, within the
meaning of the Building Act 2000;
or
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2003 Building (Consequential Amendments) No. sch. 1
(c) the General Fire Regulations 2000.
19
sch. 2 No. Building (Consequential Amendments) 2003
SCHEDULE 2 CONSEQUENTIAL AMENDMENTS
TO STATUTORY RULES
Section 6
Dangerous Goods (General) Regulations 1998
1. Regulation 4(1) is amended by omitting the definition of
"certificate of completion" and substituting the following
definition:
"certificate of completion" means a certificate of
completion (building work) issued under
section 112 of the Building Act 2000 and a
certificate of completion (plumbing work)
issued under section 113 of the Building Act
2000;
2. Regulation 43(b)(ii) is amended by omitting "Building
Regulations 1994" and substituting "Building Act 2000".
General Fire Regulations 2000
1. Regulation 3(1) is amended by omitting paragraph (b)
from the definition of "specified building" and substituting:
(b) a special fire hazard building within the
meaning of the Building Regulations under
section 230 of the Building Act 2000;
2. Regulation 8 is amended by omitting paragraph (c) and
substituting the following paragraph:
(c) is permitted by the Building Regulations
under section 230 of the Building Act 2000 to
give a building services engineering certificate.
20
2003 Building (Consequential Amendments) No. sch. 2
Housing Indemnity Regulations 1993
1. Regulation 3 is amended as follows:
(a) by inserting the following definitions after the
definition of "Act":
"building permit" has the same
meaning as in the Building Act
2000;
"permit authority" has the same
meaning as in the Building Act
2000.
(b) by omitting the definition of "building
approval".
2. Regulation 6 is amended by omitting paragraphs (a)
and (b) and substituting the following paragraphs:
(a) the date on which a certificate of completion
(building work) was issued under section 112
of the Building Act 2000;
(b) the two year anniversary of the day on which a
building permit was granted under section
72(1) of the Building Act 2000.
3. Regulation 8 is amended by omitting paragraph (c) and
substituting the following paragraph:
(c) the permit authority, in the case of building
work which is subject to a building permit.
21
sch. 2 No. Building (Consequential Amendments) 2003
Local Government Regulations 1994
1. Regulation 31 is amended by omitting paragraph (a)
and substituting the following paragraph:
(a) an on-site waste water management system
for which a plumbing permit or special
plumbing permit is granted under section 82 of
the Building Act 2000;
Workplace Health and Safety Regulations 1998
1. Regulation 7(1) is amended as follows:
(a) by omitting paragraphs (a), (b) and (c) and
substituting the following paragraphs:
(a) the Building Act 2000;
(b) the Building Regulations within
the meaning of the Building Act
2000;
(c) the Plumbing Regulations within
the meaning of the Building Act
2000;
(b) by omitting paragraphs (e), (f) and (g) and
substituting the following paragraphs:
(e) the General Fire Regulations 2000;
(f) the Dangerous Goods Act 1998;
(g) the Dangerous Goods (General)
Regulations 1998;
22
2003 Building (Consequential Amendments) No. sch. 2
2. Regulation 114(1) is amended by omitting paragraph
(a) and substituting the following paragraph:
(a) made available at each workplace in
accordance with the Building Regulations
within the meaning of the Building Act 2000
and the General Fire Regulations 2000, as
applicable; and
Government Printer, Tasmania 23