Height of Buildings (Metropolitan Police District) Act 1912 (NSW)

Act No. 58, 1912.

An Act to regulate the height of buildings within the Metropolitan Police Distr ict ; and for purposes consequent thereon or incidental thereto. [10th December, 1912.]

Assembly of New South Wales in Parliament assembled, and by the T) E it enacted by the King's Most Excellent Majesty, 'by and with J

the advice and consent of the Legislative Council and Legislative authority of the same, as follows :—

1 . This Act may be cited as the " Height of Buildings i (Metropolitan Police District) Act, 1912."

2 . I n this Act " height " in relation to a building means the measurement taken from the mean level of a footway (if any) imme- diately in front of the face of the building or (where there is no such footway) from the mean level of theground before excavation to the level of the top of the parapet, or where there is no parapet, to the level of the top of the external wall or (in the case of gabled buildings) to the base of the gable : Provided that the space exclusively occupied by water tanks or reservoirs constructed on an approved design upon the top of any building shall not be taken into account in determining the height of such building.

only, and shall bind the Crown.

4 . (1) A building which is not exclusively used for purposes

District as defined in the Gazette No. 731 of the twelfth day of; 3 . This Act shall apply within the Metropolitan Police

September, one thousand eight hundred and ninety-nine, of Sydney

of public worship, or is not a chimney stack or sewer ventilator—

(a)	shall not under any circumstances be erected of or increased to a greater height than one hundred and fifty feet;
(b)	no such building shall be erected of or increased to a greater height than one hundred feet outside the City of Sydney without the approval of the Government Architect:

Provided that in the case of any building exceeding one hundred feet in height, the fire commissioners of New South Wales shall first certify to the Chief Secretary that adequate provision has been made in respect of such building

for protection against fire.

(2) Provided that this section shall not apply to—

(a) the erection or increase in height of any building as sanctioned

by the city building surveyor before the fifth day of

November, one thousand nine hundred and twelve, or to the rebuilding of any such building to the height as so sanc­ tioned ; or

(b) the rebuilding to the same height as at the commencement of this Act of a building then existing and completed.

5 . I f any person erects or increases or causes to be erected or increased the height of any building in contravention of this Act, or otherwise contravenes any of the provisions hereof, he shall be liable to a penalty not exceeding fifty pounds.

The magistrate before whom any such conviction is had may further order that the defendant shall, within a time to be fixed by the order, take down and remove any part of the building, in respect
of which the contravention has occurred, and if the defendant neglects
to comply with such order, he shall be further liable to a penalty not
exceeding fifty pounds for every day during which such neglect

continues.

Penalties under this Act may be recovered before a stipendiary

magistrate.

Act