Construction Occupations (Licensing) Amendment Regulation 2016 (No 1) (ACT)

Construction Occupations (Licensing) Amendment Regulation 2016 (No 1)

Subordinate Law SL2016-36

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

Dated 21 December 2016.

Mick Gentleman

Minister

Gordon Ramsey

Minister

Construction Occupations (Licensing) Amendment Regulation 2016 (No 1)

Subordinate Law SL2016-36

made under the

Construction Occupations (Licensing) Act 2004

1. Name of regulation

   This regulation is the Construction Occupations (Licensing) Amendment Regulation 2016 (No 1).

2. Commencement

   This regulation 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)).

3. Legislation amended

   This regulation amends the Construction Occupations (Licensing) Regulation 2004.

4. Section 16

   substitute

5. Eligibility to be owner-builder

   (1)An individual is eligible to be an owner-builder only if—

   (a)the individual owns the land where the building work allowed under the owner-builders licence is proposed to be undertaken; and

   (b)the building work has building approval under the Building Act 2004; and

   (c)the individual has not been issued with an owner-builders licence in relation to other land (a previous licence) in the 5 years before applying for the owner-builders licence (the current licence).

   (2)Despite section (1) (c), an individual issued with a previous licence in the 5 years before applying for the current licence is eligible to be an owner-builder if the individual no longer holds the previous licence and—

   (a)if—

   (i)the work allowed under the previous licence related to affected residential premises or a class 10 building associated with those premises; and

   (ii)the affected residential premises were acquired by the Territory from the individual under the buyback scheme for residential premises and were included in the affected residential premises register; or

   (b)if—

   (i)the work allowed under the previous licence related to a building that is or was an eligible impacted property or a  class 10 building associated with that property; and

   (ii)the eligible impacted property was acquired by the Territory from the individual under the eligible impacted property buyback program.

   (3)In this section:

   affected residential premises—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (3).

   affected residential premises register—see the Dangerous Substances Act 2004, section 47N (1).

   buyback scheme, for affected residential premises—see the Dangerous Substances Act 2004, section 47N (6).

   class, of building—see the Building Act 2004, dictionary.

   NoteA class 10 building or structure is a non-habitable building or structure (see building code).

   eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1).

   eligible impacted property buyback program—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1).

Endnotes

1. Notification

   Notified under the Legislation Act on 22 December 2016.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2016