Building Amendment (Bushfire Demolition Work) Regulations 2020 (Vic)

Building Amendment (Bushfire Demolition Work) Regulations 2020

S.R. No. 21/2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Principal Regulations

4Definitions

5Amendment of Schedule 3—Exemptions for building work and buildings

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Endnotes

STATUTORY RULES 2020

S.R. No. 21/2020

Building Act 1993

Building Amendment (Bushfire Demolition Work) Regulations 2020

The Governor in Council makes the following Regulations:

Dated: 31 March 2020

Responsible Minister:

RICHARD WYNNE
Minister for Planning

CLAIRE CHISHOLM

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2018 to exempt building work for or in connection with the demolition or removal of a building substantially damaged or destroyed by bushfire from the requirement for a building permit and from the application of all Parts of the Regulations.

2Authorising provisions

These Regulations are made under sections 7, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Principal Regulations

In these Regulations, the Building Regulations 2018[1] are called the Principal Regulations.

4Definitions

In regulation 5(1) of the Principal Regulations insert the following definitions—

"Administrative Office Head has the same meaning as in section 4(1) of the Public Administration Act 2004;

Bushfire Recovery Victoria means the Administrative Office established in relation to the Department of Premier and Cabinet by Order made under section 11 of the Public Administration Act 2004 and published in the Government Gazette on 8 January 2020;".

5Amendment of Schedule 3—Exemptions for building work and buildings

In the Table in Schedule 3 to the Principal Regulations, after item 22 insert—

"23 Building work for or in connection with the demolition or removal of a building if— (a)   the building was substantially damaged or destroyed by bushfire during the period starting on 1 September 2019 and ending on 30 June 2020; and (b)   the building work is carried out by a person engaged by the Administrative Office Head of Bushfire Recovery Victoria for and on behalf of the State; and (c)   the building is located within any of the following municipal districts— (i)    Alpine Shire Council; (ii)     East Gippsland Shire Council; (iii)    Falls Creek Alpine Resort; (iv)   Mansfield Shire Council; (v)    Mount Buller Alpine Resort; (vi)   Mount Hotham Alpine Resort; (vii)  Mount Stirling Alpine Resort; (viii) Towong Shire Council; (ix)   Wangaratta Shire Council; (x)    Wellington Shire Council; and (d)   the work is not carried out on, or in connection with, a place included on the Heritage Register within the meaning of the Heritage Act 2017. Notes 1     This building work may require approval from the Executive Director within the meaning of the Heritage Act 2017 under that Act. 2     A planning permit may also be required for this building work—see the Planning and Environment Act 1987.". All Parts

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Endnotes

[1] Reg. 3: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019 and 116/2019.