Home Building Amendment (Application Fees) Regulation 2005 (NSW)
2005 No 233
New South Wales
Home Building Amendment
(Application Fees) Regulation 2005
under the
Home Building Act 1989
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Home Building Act 1989.
JOHN HATZISTERGOS, M.L.C.,
Minister for Fair Trading
Explanatory note
The object of this Regulation is to amend the Home Building Regulation 2004 (the 2004 regulation) to increase certain fees payable under the Home Building Act 1989 (the 1989 Act), being:
| (a) | the fee for the issue of a certificate under section 131 of the 1989 Act, and |
| (b) | the application fees for contractor licences, supervisor certificates, tradesperson certificates and owner-builder permits. |
The increases are in line with movements in the Consumer Price Index. regulation-making power) and, in particular, section 140 (2) (j).
This Regulation also amends the 2004 regulation in connection with the application to
licences under the 1989 Act of the uniform licensing provisions of the Licensing and
Registration (Uniform Procedures) Act 2002.
| Published in Gazette No 73 of 17 June 2005, page 2364 | Page 1 |
| 2005 No 233 | |
| Clause 1 | Home Building Amendment (Application Fees) Regulation 2005 |
Home Building Amendment (Application Fees)
Regulation 2005
under the
Home Building Act 1989
1 Name of Regulation
This Regulation is the Home Building Amendment (Application Fees)
Regulation 2005.
2 Commencement
This Regulation commences on 1 July 2005.
3 Amendment of Home Building Regulation 2004
The Home Building Regulation 2004 is amended as set out in
Schedule 1.
2005 No 233
Home Building Amendment (Application Fees) Regulation 2005
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clauses 42 and 42A
Omit clause 42. Insert instead:
42 Application fees
(1)
An application for the grant, renewal, restoration or replacement of an authority must be accompanied by the fee payable for the purposes of the Act as listed in Column 1 of Schedule 4.
(2)
The amount of each fee is to be calculated by adding together the various components set out in Columns 3 and 4 of Schedule 4 in relation to that fee, the total fee being as set out in Column 5 of that Schedule.
(3)
An amount specified in relation to an application fee in Column 3 of Schedule 4 under the heading “Processing component” is taken to be a fee to cover the costs incurred by the Director-General in processing the application.
Note. This amount is consequently a processing fee for the purposes of Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002. If an application is made by electronic communication, the processing fee is discounted (see section 13 of that Act). If an application is refused, the applicant is not entitled to a refund of the processing fee (see section 22 of that Act).
(4) There is no prescribed fee for an application:
(a)
for the grant, renewal or restoration of a contractor licence authorising the holder to contract to do plumbing work or gasfitting work, or both, made by the holder of a contractor licence issued by the Plumbing Industry Commission of Victoria, but only if the holder’s business is carried on principally in Victoria, or
(b)
for the grant of a supervisor certificate authorising the holder to do or supervise plumbing work or gasfitting work, or both, made by the holder of a contractor licence issued by that Commission, but only if the holder’s principal place of residence is in Victoria, or
(c)
for the grant, renewal or restoration of a tradesperson certificate authorising the holder to do plumbing work or gasfitting work, or both, made by the holder of a certificate of registration issued by that Commission, but only if the holder’s principal place of residence is in Victoria, or
2005 No 233
Home Building Amendment (Application Fees) Regulation 2005
| Schedule 1 | Amendments |
(d)
for the grant of a supervisor certificate to do electrical wiring work to a person who held an electrical mechanic’s contractor licence under the Electricity Safety Act 1945, authorising the person to do electrical wiring work without supervision, immediately before 21 March 1990 (the date of commencement of clause 10 of Schedule 4 to the Home Building Act 1989).
(5)
There is no prescribed fee for an application for the grant, renewal or restoration of a building consultancy licence if the applicant:
(a)
is the holder of a contractor licence authorising the holder to do general building work, or
(b)
is registered as an architect under the Architects Act 2003, or
(c)
is an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979.
42A Modification of Part 2 of Licensing and Registration (Uniform
Procedures) Act 2002Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 is modified in such a manner that sections 24 (2) and 25 of that Act do not apply in relation to a licence.
[2] Clause 82 Certificate evidence
Omit “$16” from clause 82 (2). Insert instead “$17”.
2005 No 233
Home Building Amendment (Application Fees) Regulation 2005
| Amendments | Schedule 1 |
[3] Schedule 4
Omit the Schedule. Insert instead:
Schedule 4 Application fees
(Clause 42)
Column 1 Column 2 Column 3 Column 4 Column 5
Type of application Duration Processing Fixed Total fee component component Contractor licence
Building contractor or supplier of kit homes
(Individual) New licence 1 year $215 $279 $494 Renewal 1 year $51 $279 $330 Restoration 1 year $254 $279 $533
(Partnership) New licence 1 year $502 $323 $825
Renewal 1 year $51 $323 $374 Restoration 1 year $257 $323 $580
(Corporation) New licence 1 year $547 $443 $990
Renewal 1 year $51 $443 $494 Restoration 1 year $269 $443 $712
Other construction or specialist contractor
(Individual) New licence 1 year $89 $114 $203 Renewal 1 year $51 $114 $165 Restoration 1 year $152 $114 $266
(Partnership) New licence 1 year $96 $196 $292
Renewal 1 year $51 $196 $247 Restoration 1 year $163 $196 $359
(Corporation) New licence 1 year $89 $241 $330
Renewal 1 year $51 $241 $292 Restoration 1 year $161 $241 $402
2005 No 233
Home Building Amendment (Application Fees) Regulation 2005
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Column 4 Column 5
Type of application Duration Processing Fixed Total fee component component Building consultancy licence
(Individual) New licence 1 year $215 $279 $494 Renewal 1 year $51 $279 $330 Restoration 1 year $254 $279 $533
(Partnership) New licence 1 year $502 $323 $825
Renewal 1 year $51 $323 $374 Restoration 1 year $257 $323 $580
(Corporation) New licence 1 year $547 $443 $990
Renewal 1 year $51 $443 $494 Restoration 1 year $269 $443 $712
Supervisor certificate
Building supervisor
(Individual) New 1 year $62 $116 $178 Certificate Renewal 1 year Nil Nil Nil Restoration 1 year Nil Nil Nil Other construction or specialist work supervisor
(Individual) New 3 years $62 $100 $162 certificate Renewal 3 years Nil Nil Nil Restoration 3 years Nil Nil Nil Tradesperson certificate
(Individual) New 3 years $65 $41 $106 certificate Renewal 3 years Nil Nil Nil Restoration 3 years Nil Nil Nil
2005 No 233
Home Building Amendment (Application Fees) Regulation 2005
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Column 4 Column 5
Type of application Duration Processing Fixed Total fee component component Owner-builder permit Not $51 $81 $132 applicable Replacement contractor licence, building consultancy licence, certificate or owner-builder permit
Not $37 Nil $37 applicable BY AUTHORITY
0
0
0