Building Operations and Building Materials Control Act 1945 (WA)

No. 26.] Building Operations and Building [1945.

Materials Control.

BUILDING OPERATIONS

AND

BUILDING MATERIALS CONTROL.

9° and 10° GEO. VI., No. XXVI.

No. 26 of 1945.

AN ACT to provide for the control of Building

Operations and Building Materials.

[Assented to 15th January, 1946.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

Citation.	1. This Act may be cited as the Building Operations and Building Materials Control Act, 1945.
Arrangement.

2. This Act is divided into parts as follows:— PART I., SS. 1-6—PRELIM NARY.

PART II., ss. 7-8—ADMINISTRATION.

PART III., SS. 9—I9—RESTRICTIONS ON BUILDING

OPERATIONS.

PART IV., SS. 20-25—RESTRICTIONS ON DIS- POSAL AND ACQUISITION OF BUILDING MA- TERIALS.

Division 1, s. 20—License to be Obtained. Division 2, ss. 21-24—Application far

Granting Licenses and Conditions of

Licenses.

Division 3, s. 25—Transfer, Revocation

and Suspension of License.

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PART V., SS. 26-28—POWERS OF ADMINISTRA-

TION.

PART VI., SS. 29-32—OFFENCES AND PENALTIES.

PART VII., SS. 33-35—LEGAL PROCEEDINGS AND

EVIDENCE.

PART VIII., SS. 36-38—MISCELLANEOUS.

Division 1, s. 36—Regulations.

Division 2, s. 37—Protection to Adminis-

tration.

Division 3, s. 38—Duration.

SCHEDULE—BUILDING MATERIALS.

3.    Tins Act shall be read and construed so as not to Severabilityi

exceed the legislative power of the State, the intention being that where any enactment herein would but for this section, have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.

Application

4. This Act shall bind the Crown. to the Crown

5.    Every consent, permission, exemption, approval, Transition.

license or other authority whatsoever which was granted and every direction, condition, order or requirement which concerned building operations or building materials and which was given or made under any regulations made pursuant to the National Security Act, 1939-1943, of the Commonwealth and which was in force immediately prior to the commencement of this Act shall, subject to the provisions of this Act, continue in force so far as prac- ticable as if granted, given or made under the provisions of this Act.

6.    In this Act unless the context otherwise requires— monitions-.

"Board" means the Workers' Homes Board, con- stituted under the Workers' Homes Act, 1911- 1941, as reprinted in Volume 2 of The Reprinted Acts of the Parliament of Western Australia.

No. 26.] Building Operations and Building [1945.

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"Building materials" means any material mentioned in the Schedule to this Act but excluding building materials previously used. The Governor may by Order in Council vary such Schedule from time to time by adding thereto and deleting therefrom any material.

"Building operation" includes

(a)	the erection of, any alteration of, any addi- tion to, or the construction, reconstruc- tion, rebuilding, re-erection, demolition, removal, renovation, repair, plastering, panelling, lining, decoration, painting, colouring, whitewashing or papering of, any structure (whether carried on at the site or elsewhere and whether above or below the surface) ;
(b)	the affixing to any structure of any fixtures

or fittings ; and

(c) any work for the provision of water, gas, electricity, sewerage, drainage, heating, ventilation or air conditioning, or for the installation of a lift or an escalator.

"Business building. " means a building which is used primarily for the manufacture, treatment, pro- duction or supply of goods or the rendering of services or entertainment to the public or any class of the public, whether for reward or other- wise, and includes a hospital.

"Cost," in relation to any building operation, in- cludes wages paid or due to permanent or tem- porary employees, sums paid or due to contrac- tors or sub-contractors and the fair value of all materials used in connection with the building operation, including provisional and prime cost items, fixtures and installations incidental to the building operation (whether acquired for the purpose of the building operation in the course of which they are used or otherwise) and the fair value of all services rendered in connection with the building operation, but does not include the time or labour of the person for whom the building operation is carried out, unless it is

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within the business of that person to carry out that building operation and the time or labour is expended by him on the building operation within ordinary business hours.

"Educational building" means a building used for educational purposes and includes a boarding school and residential college.

"License" means a license under this Act:

"Licensee" means any person who is licensed under

this Act.

"Minister" means the Minister of the Crown for the time being charged with the administration of this Act.

"Public utility undertaking" means any of the fol- lowing undertakings, the carrying on of which is authorised by or under any law, that is to say

(a) any undertaking for the supply of elec-

tricity, gas, or water ;

(b) any transport, dock, harbour or pier un-

dertaking;

(c)	any sewerage or sewage disposal under- taking, or any undertaking for the dis- posal of refuse; or
(d)	any undertaking of a drainage authority and includes any such undertaking which is carried on by the Common- wealth or the State or by a local govern- ing authority.

"Religious building" means a building used prim- arily for religious worship.

"Residential building" means a building which is used primarily for human habitation and in- cludes a dwelling-house, boarding-house, block of flats, guest-house, lodging-house and a resi- ence for clergy, but does not include an hotel. "Structure" means structure of any kind, whether

movable or immovable, and includes building, bridge, wall, fence, gate, road, drive, paving, path, terrace or concrete work.

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"The financial year" in relation to a building opera- tion, means the period of twelve months ending on the thirtieth day of June within which the building operation is commenced.

PART II.--ADMINISTRATION.

Administra•

lion. 7. Subject to the general control and direction of the

Minister, the Board shall be charged with the adminis- tration of this Act.

Cost of ad-

ministration 8. The cost of the administration of this Act shall be

of Act.

paid out of moneys to be appropriated by Parliament to

the purposes of this Act.

PART III.-RESTRICTIONS ON BUILDING OPERA-

TIONS.

Restriction

on building 9. (1) Subject to the provisions of section five, a

operations.	person shall not, without the consent in writing of the Board, commence or continue to carry out any building operation.
(2) The provisions of the last preceding subsection shall not apply

(a) to any building operation carried out by or on behalf of any local governing authority or public utility undertaking, other than-

the construction of, or any other build- ing operation carried out on, a building; or

(i)

the connection of a building to a sewerage or drainage system;

(ii)

(b) to any work for the provision of fencing, drain-

age or irrigation for agricultural purposes or

for the supply of water for mining purposes;

(c) to the erection, alteration or demolition upon any factory premises of any structure con- sisting solely of equipment or machinery for the operations of the factory, if the total cost of such erection, alteration or demolition in the financial year does not exceed one hundred pounds;

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(d) to the painting, colouring, whitewashing or papering of a residential building, if the total cost of all painting, colouring, whitewashing or papering carried out on that building in the financial year does not exceed fifty pounds;

(e) to any building operation which is carried out on or within the area appurtenant to a residen- tial building (other than the painting, colour- ing, whitewashing or papering of that build- ing) if the total cost of all building operations carried out on that building and within that area (other than the painting, colouring, whitewashing or papering of that building) in the financial year does not exceed fifty pounds ;

(f) to any building operation which is carried out on or within the area appurtenant to a busi- ness, educational or religious building, if the total cost of all building operations carried out on that building and within that area in the financial year does not exceed one hundred pounds;

(g) to any building operation which is carried out on a structure which is not within the area appurtenant to a residential, business, educa- tional or religious building, if-

(i)

the total cost of all building operations

carried out on that structure in the financial

year does not exceed fifty pounds; and

(ii)

the total cost of all building operations carried out in the financial year by or on be- half of the person for whom that building operation is carried out does not exceed one hundred pounds.

(h) to any building operation urgently necessary to effect repair to any damaged structure, water, sewerage or electricity system in such circum- stances that failing immediate repair life or property is endangered or is likely to be en- dangered : Provided that such building opera- tion shall-

(i) be restricted to essential repair ; and

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(ii) forthwith on the commencement thereof be the subject of an application by the person effecting the same for the consent of the Board for the continuance or completion of such building operation.

Application

for consent. 10. An application for consent under the last preced-

ing section shall be in such form and contain such infor-

mation as the Board directs.

Grant of

consent. 11. Where application is made for the consent of the

Board under this Act, the Board may refuse to grant con- sent, or may grant consent, either unconditionally or without limitation ; or subject to such conditions or limi- tations as it thinks fit (including, in a case where the premises on which the building operation is to be carried out are required for purposes specified in the application, such conditions or limitations as to the letting or use of the premises as it considers necessary or convenient to ensure that the premises are used for those purposes) and, in particularrmay consent to the execution of

(a)	part only of any building operation, or of so much only of any building operation as does not involve the expenditure of more than a sum specified in the consent;
(b)	all building operations, or of any class or classes of building operations, to be carried out by the person making the application during any period specified in the consent; or
(c)	so much of any building operations, or of any class or classes of building operations, to be carried out by that person in that period as does not involve the expenditure of more than a sum specified in the consent.

Revocation,

suspension,	12. Where the consent of the Board has been granted
and varia-

tions of	under this Act, the Board may, at any time, by notice in
consent.	writing revoke, suspend or vary the terms and conditions of the consent for such period as is specified in the notice.
Power to give

directions. 13. (1) Where a building operation has been, or is

about to be commenced or continued, whether the provi- sions of subsection (1) of section nine of this Act apply thereto or not, or whether the consent of the Board has been granted or refused, or has not been given, the Board

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may, at any time and from time to time, by notice in writing, give to the person on whose behalf the building operation has been or is about to be commenced or con- tinued, or to any architect, builder, contractor or engineer employed in any capacity, or to any other person em- ployed in any advisory or supervisory capacity, in con- nection with that building operation, or to some or all of those persons, such directions in relation to the build- ing operation or its suspension or discontinuance, or as to the furnishing to the Board or to any person specified by it of any information in relation to the building opera- tions, as the Board thinks fit.

(2) A person to whom a notice is given under the last preceding subsection

(a) shall comply with any directions applicable to

him;

(b) shall furnish any information in his possession

specified in the notice; and

(c) shall not commence or continue the building operation, contrary to any directions contained in the notice.

Duties of

14. An architect, builder, contractor or engineer

persons em-

ployed iu

employed in any capacity, and any person employed in

connection

with building

any advisory or supervisory capacity, in connection with

operations.

a building operation, shall not, unless the building opera- tion is one to which the provisions of subsection (1) of section nine of this Act do not apply, commence or con- tinue to carry out, or to assist in the carrying out of, that building operation unless the commencement or con- tinuance of the carrying out of the building operation is authorised by a consent granted by the Board under this Act.

15. A person to whom consent has been granted under car=

this Act, and any architect, builder, contractor or en- ie°en; i:^gof d

gineer employed in any capacity, and any other person records.

employed in an advisory or supervisory capacity, in connection with the execution of the building operation in respect of which the consent has been granted

(a) shall, whether or not the consent is revoked, comply with all conditions or limitations applicable to him to which the consent is sub- ject;

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shall not, if the consent is revoked, continue the building operation, or, if the consent is sus- pended, continue the building operation during the period of suspension;

shall make and keep proper and accurate books and accounts and stock and costing records, where applicable, in relation to the building operation, and shall preserve those books and accounts and stock and costing records, includ- ing all invoices, vouchers, agreements, corres- pondence, documents and copies thereof, until their destruction is authorised by the Board.

False infor-

mation or 16. A person shall not

records.	(a)	in any application or in answer to any request made in pursuance of this Act, make any state- ment or furnish any information; or
(b)	in relation to any matter dealt with under this Act, make any entry in any document,

which he knows or has reasonable cause to believe to be

false in a material particular.

Certain local

governmental	17. Notwithstanding anything contained in any law, the consent of the Board under this Act to commence or continue any building operation and that application has either been refused or has been granted subject to any condition or limitation, no notice given or order made by or on behalf of any local governing authority, or public utility undertaking, or any officer thereof or by any Court requiring that person to commence or con- tinue that building operation shall be enforceable to the extent to which it is inconsistent with that refusal, condi- tion, or limitation.
and judicial,
etc., powers	where an application has been made by any person for
affected.
Cooperation
of local	18. The Board may make a written request to any for assistance as hereinafter in this section provided, and thereafter such authority or undertaking, or any officer, empowered by or under any law to make orders in respect of, or to approve, all plans or specifications, or to grant permits in relation to any building operations shall, with respect to any building operation in respect
governmental,
etc., authori-	local governing authority or public utility undertaking
ties.

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of which the consent of the Board is required under this

Act

(a) refuse to make an order or to approve plans or specifications or to grant a permit until an application has been made for the consent of the Board under this Act;

(b) make a return to the Board setting out par- ticulars of any application for approval of plans or specifications or for the granting of any permit; and

(c) make a report to the Board in any case where there is reason to believe that that building operation is being or has been carried out without the consent of the Board or contrary to any condition or limitation contained in that consent.

Power of

19. -Where any building operation is being, or has entry and

been, carried- out on ally land or premises during the	search.
period of the operation of this Act, a person authorised by the Board to act under this section may, at any time, enter on and inspect the land or premises for the pur- pose of ascertaining whether the provisions of this Act are being, or have been, complied with.

PART W.-RESTRICTIONS ON DISPOSAL AND

ACQUISITION OF BUILDING MATERIALS.

Division 1—License to be Obtained.

Restriction on

20. (1) Subject to the provisions of section five, a person shall not	transactions in building
material,

(a) dispose of or agree or offer to dispose of any

building material;

(b)

except under the authority of and pursuant to the terms

of a license.

acquire or agree or offer to acquire any building

material,

Division 2—Application for Granting and Conditions of

Licenses.

21. An application for a license shall be—	for license.
Application

(a) lodged with the Board in such form and contain

such information as the Board directs;

(b) in respect of one or several matters or transac-

tions as the Board directs.

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Grant of

license.

22. The grant of a license shall be in the discretion of the Board.

Form of

license.

23. A license shall be in such form as the Board hav- ing regard to the nature of the circumstances of each particular case may determine, and when granted shall subject as hereinafter provided be sufficient and have effect according to its tenor.

conditions of

license.

24. (1) A license may be granted subject to such

terms and conditions as the Board specifies in the license.

(2)

Every license shall contain a condition requiring

the licensee to comply with the provisions of this Act

insofar as they are applicable to him.

(3)

Without prejudice to the generality of subpara-

graph (1) of this paragraph, a license may contain con-

ditions to the effect that

(a)	the licensee may dispose of or deliver only such quantity or quota of the building material specified in the license as is set out in the license ; and
(b)	the licensee shall furnish to the Board from time to time such estimates, returns or particulars of orders, production, stocks, deliveries, dis- posals use or application of building materials or progress of building operations as are specified in the license.

Division 3—Transfer, Revocation and Suspension of

License.

Transfer re.

vocation and	25. (1) A license may be transferred upon applica-
suspension of

license.	tion to and subject to the approval of the Board.
(2) The Board may, at any time, by notice in writing to the licensee, suspend or revoke any license, or vary the terms and conditions of any license, or impose new terms and conditions to which the license shall be subject.

PART V.-POWERS OP ADMINISTRATION.

Powers of

administra-	26. (1) The Board may, by notice to any person engaged in the business of, or concerned in any transac- tion relating to building operations, or concerned in any disposal or acquisition of building material
tion.

(a) require that person to produce any books, accounts and documents relating to that busi- ness to any person specified in the notice;

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(b)	require that person to furnish at any time or from time to time, and in such manner as is specified in the notice, particulars relating to the business as are specified in the notice ; and
(c)	give such directions or impose such conditions as the Board thinks fit in relation to the stor- age, delivery, disposal, use or application of any building material.

(2) A notice given under this section may be ad- dressed to any person, to all persons included in any class of persons, to all persons in any part of the State or generally and may be given in writing to a person or

published in the Gazette.

27. A person so authorised by the Board may Power of entry and

(a) enter and search any place or premises used search.

for carrying on the business of storage, delivery, disposal, use or application of any building material;

(b)	make copies of or take extracts from any books, accounts, or documents relating to the busi- ness; and
(c)	stop any person engaged in the carriage of any building material, and search any vehicle or container used in connection with any such carriage.

28. A person shall not fail to comply with any re- compliance

quirement made, direction given or condition imposed =Tr.

under this Act (whether in a license or otherwise) by the Board or a person authorised in that behalf by the Board, which is applicable to him.

PART VI.-OFFENCES AND PENALTIES.

29. Any person who contravenes, or fails to comply ontces.

with any provision of this Act or any regulation made in pursuance of this Act, shall be guilty of an offence against this Act.

30. A person shall not in any manner resist, interfere with, hinder nor obstruct the Board in the exercise or discharge of any power, authority, function or duty under this Act or any person authorised by the Board to exercise or discharge any such power, authority, function or duty. Obstruction.

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Summary

jurisdiction.	31. Any offence against this Act shall be heard and determined summarily by a stipendiary magistrate.
Penalties
32. The punishment for any offence against this Act or the regulations made pursuant to this Act shall be a fine not exceeding one hundred pounds or imprisonment for a term not exceeding six months or both, and in addi- tion to any other punishment the court may on conviction order

(a)	the forfeiture of any money or goods of or accruing to the convicted person and involved in the commission of the offence ; and
(b)	the revocation of any consent or cancellation of any license given or issued under this Act to the convicted person.

PART VII.-LEGAL PROCEEDINGS AND EVIDENCE.

Authority to

prosecute,	33. (1) The Board may direct, either generally or in any particular ease, proceedings to be taken for the re- covery of penalties in respect of offences committed against the provisions of this Act or of any regulation.
evidence and
proof.
(2) In any such proceedings, until evidence be given to the contrary, no proof shall be required

(a)	of the constitution of the Board, or of the appointment of the persons constituting the Board or of the appointment of the chairman of the Board;
(b)	of any direction to take proceedings;
(c)	of any authority of any officer of the Board or

any other person to take proceedings; or

(d) of the presence of a quorum of the Board at the giving of any such direction or authority, or the doing of any act.

(3) In any such proceedings an averment in the com-

plaint

(a) that the defendant was an architect, builder, contractor or engineer employed in connection with any particular building operation, or that the defendant was a person employed in an advisory or supervisory capacity in connection with a particular building operation;

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(b) that any particular condition or limitation to which a consent is subject, or any direction given in relation to a building operation, is applicable to the defendant;

shall be prima facie evidence of the matter or matters

averred.

34. All Courts and all persons acting judicially shall Judicial notice.

take judicial notice of-

( a) the official signature of any person who holds or has held the position of chairman of the Board;

(b) the fact that such person holds or has held such

office,

if the signature purports to be appended to any judicial

or official document.

35. The complaint in respect of an offence against Limitation of proceedings.

this Act, or the regulations made pursuant to this Act, shall be made within twelve months after the offence thereby charged shall have been committed.

PART VIM-MISCELLANEOUS.

Division 1—Regulations.

Authority to

The Governor may make any regulations, not in- consistent with the provisions of this Act, which may be

make regula-

tions.

necessary or convenient for carrying into operation or

for facilitating the operation of this Act.

36.

Division 2—Protection to Administration.

Protection to

(1) No matter or thing done by the Minister or any person constituting the Board, or any person author-	administra- tive authori-
ties.
ised by the Board, in good faith, in or about the purported exercise of any of the powers conferred upon and exer- cisable by such persons shall subject them or any of them to any liability in respect thereof.
(2) Subject to the foregoing provisions of this section, no action or proceeding shall be brought against them or any of them

37.

(a) until after the expiration of one month's notice

in writing specifying the name of the person

intending to bring such action or proceeding,

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the name of the person against whom it is intended to proceed, and particulars of the cause or grounds of such action or proceeding ;

(b) after the expiration of twelve months from the time when such cause or ground of action or proceeding arose.

Division 3—Duration.

Duration.

38. This Act shall continue in force until the thirty-

first day of December, One thousand nine hundred and

forty-six, and no longer.

THE SCHEDULE.

Timber.

Wire and wire products.

Asbestos cement products.

Cement and cement products.

Bricks.

Galvanised iron.

Water and gas pipes.

Ferrous castings for building purposes including cast iron, porcelain, enamelware, sanitary earthenware.