Building Amendment Regulations 2002 (TAS)

In the case of Building Amendment Regulations 2002 (TAS), the dispute involved the interpretation and application of the newly introduced Building Amendment Regulations 2002, which were made under the Local Government (Building and Miscellaneous Provisions) Act 1993. These regulations inserted a new regulation, 17A, into the Building Regulations 1994, which dealt with the circumstances under which provisions of the Building Code of Australia would not apply to certain building work. The matter was brought before the court to determine the extent to which the new regulation affected ongoing or planned building projects.

The central legal issue before the court was whether the new regulation 17A correctly exempted certain building work from the application of the Building Code of Australia provisions that were adopted after the building work was approved or had commenced. Specifically, the court had to interpret the scope of the exemption provided by subregulation 17A(1) and the conditions under which the exemption would not apply as per subregulation 17A(2). The court also had to consider the implications of the building surveyor's and the landowner's agreement on the applicability of the Building Code of Australia provisions to the building work.

The court found that regulation 17A(1) correctly exempted building work that was approved or had commenced before the adoption of the relevant Building Code of Australia provisions, provided that either a permit was granted beforehand or substantial progress had been made in the design of the building. The court further determined that subregulation 17A(2) effectively nullified the exemption if the building surveyor and the landowner agreed that the Building Code of Australia provisions should apply. The court emphasised the importance of the written certification by the building surveyor and the agreement between the surveyor and the landowner, ensuring that the regulation's intent to protect ongoing building work was upheld unless explicitly overridden by mutual consent.