Building Amendment (Emergency Recovery) Regulations 2023 (Vic)

Building Amendment (Emergency Recovery) Regulations 2023

S.R. No. 80/2023

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Definitions

5Definitions in this Division

6Owner must notify the relevant council of intended occupation of emergency accommodation building

7Requirements for emergency accommodation buildings

8Exemption from certain requirements for emergency accommodation buildings

9Schedule 3 amended

═════════════

Endnotes

statutory rules 2023

S.R. No. 80/2023

Building Act 1993

Building Amendment (Emergency Recovery) Regulations 2023

The Lieutenant-Governor, having assumed the administration of the government of the State under section 6B of the Constitution Act 1975, with the advice of the Executive Council, makes the following Regulations:

Dated: 8 August 2023

Responsible Minister:

SONYA KILKENNY
Minister for Planning

angela smith

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2018—

(a)to remove the three-year time limit applicable to exemptions from certain requirements for emergency accommodation buildings constructed by or on behalf of the State; and

(b)to expand an existing building work permit exemption applicable to certain State‑coordinated bushfire recovery related demolitions to apply to State-coordinated recovery related demolitions undertaken following all emergencies.

2Authorising provisions

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

3Commencement

These Regulations come into operation on 10 August 2023.

4Definitions

In regulation 5(1) of the Building Regulations 2018[1], the definition of Bushfire Recovery Victoria is revoked.

5Definitions in this Division

In regulation 166A of the Building Regulations 2018—

(a)in the definition of maximum occupation period, after "building" insert "that is not constructed by or on behalf of the State";

(b)in the definition of notified commencement date, for "owner" (where twice occurring) substitute "intended occupier";

(c)the definition of owner is revoked;

(d)insert the following definition—

"occupier, in relation to an emergency accommodation building, means the owner of the land on which the building is constructed or proposed to be constructed.".

6Owner must notify the relevant council of intended occupation of emergency accommodation building

In regulation 166C of the Building Regulations 2018—

(a)in the heading, for "Owner" substitute "Intended occupier";

(b)for "the owner" (wherever occurring) substitute "the intended occupier";

(c)for "the owner's intention" substitute "the intended occupier's intention";

(d)for "the owner's principal" (where twice occurring) substitute "their principal".

7Requirements for emergency accommodation buildings

For regulation 166F(1)(b) of the Building Regulations 2018 substitute—

"(b)must be the principal place of residence of the occupier.".

8Exemption from certain requirements for emergency accommodation buildings

(1)In regulation 166G(1) of the Building Regulations 2018—

(a)omit "until the end of the maximum occupation period for that building";

(b)in paragraph (a), for "owner" substitute "occupier".

(2)After regulation 166G(1) of the Building Regulations 2018 insert—

"(1A)   Despite subregulation (1), an exemption under subregulation (1) ceases to operate—

(a)in the case of an emergency accommodation building that was constructed by or on behalf of the State, in accordance with subregulation (2); and

(b)in the case of an emergency accommodation building that was not constructed by or on behalf of the State—

(i)in accordance with subregulation (2); or

(ii)if subregulation (2) does not apply, at the end of the maximum occupation period.".

(3)In regulation 166G(2) of the Building Regulations 2018—

(a)for "Despite subregulation (1), an" substitute "An";

(b)omit "only";

(c)omit "before the end of the maximum occupation period";

(d)for "the owner" (where twice occurring) substitute "the occupier";

(e)for "the owner's" substitute "their".

(4)In regulation 166G(3) of the Building Regulations 2018, for "owner" substitute "occupier".

(5)In regulation 166G(4) of the Building Regulations 2018, for "owner" substitute "occupier".

(6)In regulation 166G(5) of the Building Regulations 2018, for "owner" substitute "occupier".

9Schedule 3 amended

In Schedule 3 to the Building Regulations 2018, for item 23 substitute—

"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 an emergency (within the meaning of Part 11A); and (b)   the building work is carried out by or on behalf of the State; and (c)   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".

═════════════

ENDNOTES

[1] Reg. 4: S.R. No. 38/2018 as amended by S.R. Nos 38/2018, 75/2018, 100/2018, 180/2018, 40/2019, 116/2019, 21/2020, 42/2020, 83/2020, 101/2020, 73/2021, 128/2021, 50/2022 and 61/2022.