BUILDING ACT 2011 - SECT 3

BUILDING ACT 2011 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        adult means a person who has reached 18 years of age, and in the absence of positive evidence as to age, means a person who is apparently 18 or more years of age;

        adversely affect land includes —

            (a)         reduce the stability or bearing capacity of the land or a building or structure on the land; or

            (b)         damage, or reduce the structural adequacy of, a building or structure on the land; or

            (c)         the changing of the natural site drainage in a way that reduces the effectiveness of the drainage of the land or existing or future buildings or structures on the land;

        applicable building standard , in a provision, means a building standard that is prescribed as an applicable building standard for the purposes of the provision in respect of a kind of building, incidental structure, building or demolition work or application to which the provision relates;

        applicable certificate of design compliance , in relation to a building permit, means the certificate of design compliance —

            (a)         that, as required by section 16(e), accompanied a certified application for the building permit; or

            (b)         that was signed under section 17 on an uncertified application for the building permit,

        as is relevant in the case;

        approved , in relation to the manner or form of something, means approved —

            (a)         by a prescribed person; or

            (b)         in a prescribed way;

        authorised person means a person designated under section 96 as an authorised person and includes, for the purposes of section 93(2)(d) —

            (a)         a person who is prescribed as an authorised person for the purposes of section 93(2)(d); and

            (b)         a person who is authorised by a local government in the manner prescribed for the purposes of section 93(2)(d);

        authority under a written law includes an approval, licence, registration, right, permit or exemption granted under a written law;

        building includes a part of a building;

        building approval certificate means a building approval certificate granted on an application of a kind mentioned in Part 4 Division 2;

        Building Commissioner has the meaning given in the Building Services (Complaint Resolution and Administration) Act 2011 section 3;

        building order means an order made under section 110(1);

        building order (emergency) means a building order made in the circumstances mentioned in section 111(2);

        building permit means a permit granted under section 20;

        building service contractor has the meaning given in the Registration Act section 3;

        building standard means a prescribed requirement in relation to the technical aspects of the construction or demolition of a building or an incidental structure;

        building surveyor means a building service practitioner, as defined in the Registration Act section 3, who is registered in a class of building service practitioner that is prescribed for the purposes of this definition;

        building work means —

            (a)         the construction, erection, assembly or placement of a building or an incidental structure; or

            (b)         the renovation, alteration, extension, improvement or repair of a building or an incidental structure; or

            (c)         the assembly, reassembly or securing of a relocated building or a relocated incidental structure; or

            (d)         the changing of ground levels of land for the purposes of work of a kind mentioned in paragraph (a), (b) or (c) to an extent that could adversely affect land beyond its boundaries; or

            (e)         site work on any land for the purposes of, or required because of, work of a kind mentioned in —

                  (i)         paragraph (a), (b), (c) or (d); or

                  (ii)         paragraph (a) or (b) of the definition of demolition work ;

                or

            (f)         other prescribed work,

        but does not include work of a kind prescribed for the purposes of this definition as not being building work;

        classification , in relation to a building or incidental structure, means the classification of the building or incidental structure under the regulations;

        commencement day means the day on which section 9 comes into operation;

        Crown land has the meaning given in the Land Administration Act 1997 section 3(1);

        demolition permit means a permit granted under section 21;

        demolition work means —

            (a)         the demolition, dismantling or removal of a building or an incidental structure; or

            (b)         the changing of ground levels for the purposes of work of a kind mentioned in paragraph (a) to an extent that could adversely affect land owned by a person other than an owner of the land on which the building or incidental structure that is the subject of the demolition work is located; or

            (c)         other prescribed work,

        but does not include work of a kind prescribed for the purposes of this definition as not being demolition work;

        incidental structure means a structure attached to or incidental to a building and includes —

            (a)         a chimney, mast, swimming pool, fence, free-standing wall, retaining wall or permanent protection structure; and

            (b)         a part of a structure;

        independent building surveyor has the meaning given in section 4;

        land includes a lot as defined in the Community Titles Act 2018 section 3(1) or the Strata Titles Act 1985 section 3(1);

        Minister for Lands means the Minister as defined in the Land Administration Act 1997 section 3(1);

        occupancy permit means an occupancy permit granted or modified on an application of a kind mentioned in Part 4 Division 2;

        owner has the meaning given in section 5;

        permit authority for a building or permit authority for an incidental structure has the meaning given in section 6;

        prescribed means prescribed by regulation;

        Registration Act means the Building Services (Registration) Act 2011 ;

        specialist , in relation to a technical certificate, means a person who belongs to a class of persons prescribed as persons who can sign the technical certificate for the purposes of this Act;

        strata lease has the meaning given in the Strata Titles Act 1985 ;

        survey means a survey for the purpose of recording the condition of land including the existing cracks and defects in a building or structure on the land;

        technical certificate means a certificate in relation to a specific building standard applicable to, or any other technical aspect of, the construction or demolition of a building or incidental structure that is the subject of an application for a building permit, demolition permit, occupancy permit or building approval certificate.

        [Section 3 amended: No. 37 of 2012 s. 4 and 33; No. 30 of 2018 s. 121; No. 32 of 2018 s. 192.]