Home Building Act 1989 Home Building Amendment (Consequential) Regulation 1999 (1999-695) [GG No 144 of 24.12.1999, p 12246] (NSW)

1999 No 695

Home Building Amendment New South Wales

(Consequential) Regulation 1999

under the

Home Building Act 1989

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Home Building Act 1989.

JOHN WATKINS, M.P., Minister for Fair Trading

Explanatory note

The Home Building Amendment Act 1999 makes amendments to the Home Building Act 1989 in relation to the compulsory insurance of residential building work and kit home supply.

The object of this Regulation is to make minor amendments to provisions of the Home Building Regulation 1997 to reflect the changes made by those amendments.

This Regulation also updates the names of certain Acts and a Regulation that are
referred to in the Home Building Regulation 1997.
This Regulation is made under the Home Building Act 1989, including sections

3, 92, 96 and 140 (the general regulation-making power).

Published in Gazette No 144 of 24 December 1999, page 12246	Page 1
[4]
1999 No 695
Clause 1	Home Building Amendment (Consequential) Regulation 1999

Home Building Amendment (Consequential)
Regulation 1999

1      Name of Regulation

This Regulation is the Home Building Amendment (Consequential)
Regulation 1999.

2 Amendment of Home Building Regulation 1997

The Home Building Regulation 1997 is amended as set out in

Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

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1999 No 695

Home Building Amendment (Consequential) Regulation 1999

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]      Clause 9 “Relevant law” regulating gasfitting or plumbing work

Omit “1982” from clause 9 (a). Insert instead “1998”.

[2]      Clause 9 (b)

Omit:

Water Board (Corporatisation) Act 1994

Hunter Water Board (Corporatisation) Act 1991

Insert instead:

Sydney Water Act 1994 Hunter Water Act 1991

[3]      Clause 55 Insurance appeals

Omit “or under the Consumer Claims Tribunals Act 1987”.
Insert instead “or a consumer claim under the Consumer Claims Act
1998”.

[4]      Clause 56 Certificates evidencing insurance

Omit “Form 4” from clause 56 (4). Insert instead “Form 1”.

[5]      Clause 66 Exemption from certificate requirement where no builder yet engaged

Omit “96 (2)”. Insert instead “96 (2A)”.

[6]      Clause 66 (b) (ii)

Omit the subparagraph. Insert instead:

(ii)       informing the purchaser that the Act requires residential building work (whether or not done under a contract) to be insured, and

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1999 No 695

Home Building Amendment (Consequential) Regulation 1999

Schedule 1 Amendments

[7]      Clause 66 (b) (iii)

Omit “96 (1)”. Insert instead “96 (2A)”.

[8]      Schedule 1 Forms

Insert “/96*” after “92” wherever occurring in Form 1.

[9]      Schedule 1, Form 1

Insert “/WORK BY DEVELOPERS AND OTHERS*” after
“CONTRACT WORK”.

[10]      Schedule 1, Form 1

Insert “/developer*” after “name of contractor”.

[11]      Schedule 1, Form 1

Insert “/developer*” after “address of contractor”.

[12]      Schedule 1, Form 1

Omit “to a beneficiary described in the contract and successors in title to
the beneficiary.”.
Insert instead:

to:

*	a beneficiary described in the contract and successors in title to the beneficiary, OR
*	the immediate successor in title to the contractor or developer who did the work and subsequent successors in title.

[13]      Schedule 1, Form 4

Omit the Form.

BY AUTHORITY

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