Building (General) Legislation Amendment Regulation 2015 (No 1) (ACT)

Case

Building (General) Legislation Amendment Regulation 2015 (No 1)

Subordinate Law SL2015-14

The Australian Capital Territory Executive makes the following regulation under the Building Act 2004 and the Construction Occupations (Licensing) Act 2004.

Dated 16 April 2015.

Mick Gentleman

Minister

Shane Rattenbury

Minister

Building (General) Legislation Amendment Regulation 2015 (No 1)

Subordinate Law SL2015-14

made under the

Building Act 2004 and the Construction Occupations (Licensing) Act 2004

Contents

Page

Part 1      Preliminary

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Legislation repealed  1

Part 2Building (General) Regulation 2008

5            Section 3, note 1  2

6            New section 6 (3A)  2

7           Section 6 (5)  2

8            New section 18A  3

9            New section 18A (3A)  5

10          Section 18A (8), new definition of affected residential premises register     5

11          Section 48  6

12          New part 22  6

13          Schedule 1, part 1.3, item 25  7

14          Schedule 2, part 2.1, definition of ActewAGL Distribution  8

15          Schedule 2, part 2.2, items 1 to 5  8

16          Dictionary, definition of ActewAGL Distribution  8

Part 3Construction Occupations (Licensing) Regulation 2004

17          New part 1A  9

Part 1Preliminary

  1. Name of regulation

    This regulation is the Building (General) Legislation Amendment Regulation 2015 (No 1).

  2. Commencement

    (1)This regulation (other than sections 9 and 10) commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)Sections 9 and 10 commence on the later of—

    (a)the day after this regulation’s notification day; and

    (b)the commencement of the Dangerous Substances (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015, section 3.

  3. Legislation amended

    This regulation amends the Building (General) Regulation 2008 and the Construction Occupations (Licensing) Regulation 2004.

  4. Legislation repealed

    The Building (General) (Asbestos Handling Occupation and Qualification) Declaration 2009 (No 1) (NI2009-317) is repealed.

Part 2Building (General) Regulation 2008

  1. Section 3, note 1

    substitute

    Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

    For example, the signpost definition ‘AS 1742, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1.’ means that the term ‘AS 1742’ is defined in that section for schedule 1.

  2. New section 6 (3A)

    insert

    (3A)Subsection (3) does not apply to building work mentioned in schedule 1, part 1.3, item 25A, if—

    (a)the building work complies with the minimum requirements of the building code; and

    (b)the building work does not reduce the thickness of the material from which the sample material is removed by more than 1mm; and

    (c)no dimension of the sample material is more than 10mm.

  3. Section 6 (5)

    omit

    (other than item 25)

    substitute

    (other than items 25 and 25A)

  4. New section 18A

    insert

18ABuilding approval applications—asbestos warning notices—Act, s 152 (3) (b)

(1)This section applies to an application—

(a)for building approval under the Act, section 26 (Building approval applications); and

(b)for approval of amended plans under the Act, section 31 (Application for approval of amended plans).

(2)Before issuing an approval under the Act, section 28 (Issue of building approvals) or section 32 (Amendment of approved plans), the certifier must decide whether loose-fill asbestos insulation was installed in—

(a)a building—

(i)on which the building work the subject of the application for building approval is to be done; or

(ii)to which the plans the subject of the application for approval of amended plans relates; or

(b)a connected building.

(3)For subsection (2), the certifier must decide that loose‑fill asbestos insulation—

(a)was installed in the building or connected building if—

(i)the building or connected building is in a prescribed area; and

(ii)either—

(A)the construction occupations registrar has issued a statement that the registrar holds records indicating that loose-fill asbestos insulation was installed in the building or connected building; or

(B)the certifier has information indicating that loose‑fill asbestos insulation was installed in the building or connected building; or

(b)was not installed in the building or connected building if—

(i)either—

(A)the building and connected building are not in a prescribed area; or

(B)the building or connected building is in a prescribed area, but the registrar has issued a statement that the registrar does not hold any records indicating that loose-fill asbestos insulation was installed in the building or connected building; and

(ii)the certifier does not have any information indicating that loose-fill asbestos insulation was installed in the building or connected building.

(4)If the certifier decides that loose-fill asbestos insulation was installed in the building or connected building, the certifier must before issuing an approval mark each page of the approved plans with an asbestos warning notice.

NoteIf a form is approved under the Act, s 151 for this provision, the form must be used.

(5)If the certifier decides that loose-fill asbestos insulation was not installed in the building or connected building, the certifier must not mark the approved plans with an asbestos warning notice.

(6)The constructions occupations registrar may, in writing, declare an area to be a prescribed area if satisfied that loose-fill asbestos insulation was installed in a building in the area.

(7)A declaration is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

(8)In this section:

connected building means a building attached to a building mentioned in subsection (2) (a), in a way that loose-fill asbestos fibres could transfer between the buildings.

  1. New section 18A (3A)

    insert

    (3A)The certifier is taken to have information indicating that loose-fill asbestos insulation was installed in a building or connected building if—

    (a)the building or connected building is included on the affected residential premises register; and

    (b)the affected residential premises register is publicly available.

  2. Section 18A (8), new definition of affected residential premises register

    insert

    affected residential premises register—see the Dangerous Substances Act 2004, section 47N.

  3. Section 48

    omit

  4. New part 22

    insert

Part 22Transitional—Building (General) Legislation Amendment Regulation 2015 (No 1)

  1. Meaning of commencement day—pt 22

    In this part:

    commencement day means the day the Building (General) Legislation Amendment Regulation 2015 (No 1), section 3 commences.

  2. Building approval applications made before commencement day—asbestos warning notices

    Section 18A (Building approval applications—asbestos warning notices—Act, s 152 (3) (b)) does not apply to an application for building approval or for approval of amended plans made before the commencement day.

  3. Expiry—pt 22

    This part expires 1 year after the commencement day.

    NoteTransitional provisions are kept in the regulation for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

  1. Schedule 1, part 1.3, item 25

    substitute

25 handling not more than 10m2 of bonded asbestos

(a)     pt 3 (Building work); and

(b)     pt 5 (Building occupancy); and

(c)     pt 6 (Residential buildings—statutory warranties, insurance and fidelity certificates)

 handling must be in accordance with the Work Health and Safety Act 2011
25A handling or removing material to sample for asbestos

(a)     pt 3 (Building work); and

(b)     pt 5 (Building occupancy); and

(c)     pt 6 (Residential buildings—statutory warranties, insurance and fidelity certificates)

(a)     no dimension of the material is more than 100mm; and

(b)     handling, removing or sampling material must be in accordance with any code approved under the Work Health and Safety Act 2011 relating to asbestos

  1. Schedule 2, part 2.1, definition of ActewAGL Distribution

    omit

  2. Schedule 2, part 2.2, items 1 to 5

    substitute

1 demolition of building to which water or sewerage services supplied or water meter connected the utility that provides the water or sewerage service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014
2 erection of building, or new part of building, if building or new part encroaches on easement, proposed easement or utility infrastructure access or protection space a utility that provides a utility service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014, if the utility has a right under the easement, proposed easement or access or protection space
3 building work in relation to disposal of non-domestic waste into sewerage system the utility that provides the sewerage service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014
4 demolition of building to which electricity services supplied or electricity meter connected the utility that provides the electricity service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014
5 demolition of building to which gas services supplied or gas meter connected the utility that provides the gas service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014

  1. Dictionary, definition of ActewAGL Distribution

    omit

Part 3Construction Occupations (Licensing) Regulation 2004

  1. New part 1A

    insert

Part 1AWork in construction occupation

4AConstruction occupation of builder—excluded work—Act, s 6 (3) (b)

(1)A building exempted by the Minister under the Building (General) Regulation 2008, section 7 is excluded work from the construction occupation of a builder for the stated period mentioned in the exemption, subject to any condition mentioned in the exemption.

(2)A building or building work mentioned in the Building (General) Regulation 2008, schedule 1, part 1.2 is excluded work from the construction occupation of a builder, subject to any condition mentioned in that part, column 3.

(3)A building or building work mentioned in the Building (General) Regulation 2008, schedule 1, part 1.3 is excluded work from the construction occupation of a builder, subject to any condition mentioned in that part, column 4.

Endnotes

  1. Notification

    Notified under the Legislation Act on 4 May 2015.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2015

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