Building Amendment (National Construction Code Amendment and Siting Requirements) Regulations 2018 (Vic)

Building Amendment (National Construction Code Amendment and Siting Requirements) Regulations 2018

S.R. No. 26/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Certificates under the BCA

6Updating of references

7Amendment of Schedule 5—Planning schemes

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Endnotes

STATUTORY RULES 2018

S.R. No. 26/2018

Building Act 1993

Building Amendment (National Construction Code Amendment and Siting Requirements) Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 6 March 2018

Responsible Minister:

RICHARD WYNNE
Minister for Planning

JONATHAN BURKE

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Interim Regulations 2017—

(a)to make consequential amendments arising from an amendment to the National Construction Code Series; and

(b)to update the zones of planning schemes which provide different siting requirements to the siting requirements in those Regulations.

2Authorising provisions

These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Commencement

These Regulations come into operation on 12 March 2018.

4Principal Regulations

In these Regulations, the Building Interim Regulations 2017[1] are called the Principal Regulations.

5Certificates under the BCA

In regulation 111(1) of the Principal Regulations, for "(a)(iii)" substitute "(a)(v)".

6Updating of references

(1)In regulation 601(3) of the Principal Regulations, after "carried out by" insert "an Accredited Testing Laboratory or".

(2)In regulation 1404(2)(b)(ii) of the Principal Regulations, after "test report from" insert "an Accredited Testing Laboratory or".

7Amendment of Schedule 5—Planning schemes

(1)In items 4, 9, 12, 15, 17, 33, 34, 36, 38, 40, 43, 55, 61, 67, 68, 71 and 74 in Schedule 5 to the Principal Regulations omit "Neighbourhood Residential Zone (NRZ)".

(2)In item 57 in Schedule 5 to the Principal Regulations, before "General Residential Zone (GRZ)" insert "Residential Growth Zone (RGZ)".

(3)In item 71 in Schedule 5 to the Principal Regulations omit "Mixed Use Zone (MUZ)".

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Endnotes

[1] Reg. 4: S.R. No. 31/2017 as amended by S.R. Nos 65/2017, 81/2017, 87/2017 and 136/2017.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

In this table—

BCA Volume One means Volume One of the National Construction Code 2016 including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume;

National Construction Code 2016 means the National Construction Code 2016 published by the Australian Building Codes Board on 1 May 2016 and as amended on 12 March 2018.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 of the Building Amendment (National Construction Code Amendment and Siting Requirements) Regulations 2018 which amends regulation 111(1) of the Building Interim Regulations 2017	BCA Volume One	Clause A2.2
Regulation 7(2) of the Building Amendment (National Construction	Port Phillip Planning Scheme	Residential Growth Zone and the provisions of the Planning
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Code Amendment and Siting Requirements) Regulations 2018 which amends item 57 of Schedule 5 to the Building Interim Regulations 2017	Scheme (including planning scheme maps) identifying that Zone