Home Building Amendment (Fees) Regulation 2007 (NSW)

2007 No 343

New South Wales

Home Building Amendment (Fees)

Regulation 2007

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.

LINDA BURNEY, M.P., Minister for Fair Trading

Explanatory note
The objects of this Regulation are as follows:

(a)	to increase certain application fees payable in connection with the administration of the Home Building Act 1989 (the Act),
(b)	to increase the fee for the issue of a certificate under section 131 (Certificate evidence) of the Act,
(c)	to introduce the option of a 3-year contractor licence and building consultancy licence and to provide for the refund of the fixed component of the application fees for contractor and building consultancy licences and other construction or specialist work supervisor certificates and tradesperson certificates that are for a 3-year duration,
(d)	to effect minor law revision.

The fee increases referred to in paragraphs (a) and (b) are generally in line with movements in the Consumer Price Index. The application fees for the 3-year licences referred to in paragraph (c) are based on the 1-year licence fees and have been adjusted by a 20 per cent discount in respect of new licences and licence renewals. The application fees for the restoration of 1-year and 3-year licences have been altered as a consequence of that discount. This Regulation is made under the Home Building Act 1989, including section 140 (the general regulation-making power) and, in particular, section 140 (2) (j).

Published in Gazette No 92 of 20 July 2007, page 4692	Page 1
2007 No 343
Clause 1	Home Building Amendment (Fees) Regulation 2007

Home Building Amendment (Fees) Regulation 2007

under the

Home Building Act 1989

1      Name of Regulation

This Regulation is the Home Building Amendment (Fees) Regulation
2007.

2      Commencement

This Regulation commences on 20 July 2007.

3 Amendment of Home Building Regulation 2004

The Home Building Regulation 2004 is amended as set out in
Schedule 1.

2007 No 343

Home Building Amendment (Fees) Regulation 2007

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 42A

Insert after clause 42:

42A Refund of application fees for certain 3-year licences and
certificates

(1)

This clause applies to an application fee paid by or on behalf of a person who has had his or her licence or certificate cancelled by the Director-General because:

(a)	the person requested that the licence or certificate be cancelled, or
(b)	the person died,

but only if the licence or certificate was for a 3-year duration.

(2)

A person may apply to the Director-General for a refund of an
application fee to which this clause applies if the person:

(a)	paid the application fee, or
(b)	is the legal personal representative of a deceased person who paid the application fee, or
(c)	is applying for or on behalf of the person who paid the application fee.

(3)

A person who makes an application under subclause (2) is:

(a)	in the case of an application relating to a licence or certificate that was cancelled not more than one year after the date of the grant, renewal or restoration of the licence or certificate—to be refunded two-thirds of the fixed component of the application fee so paid, or
(b)	in the case of an application relating to a licence or certificate that was cancelled more than one year but not more than two years after the date of the grant, renewal or restoration of the licence or certificate—to be refunded one-third of the fixed component of the application fee so paid.

(4)

In this clause:
application fee means any of the following:

(a) an application fee for the grant of a new licence or certificate,

2007 No 343

Home Building Amendment (Fees) Regulation 2007

Schedule 1 Amendments

(b)	an application fee for the renewal of a licence or certificate,
(c)	an application fee for the restoration of a licence or certificate.

certificate means:

(a)	an other construction or specialist work supervisor certificate, or
(b)	a tradesperson certificate.

fixed component
of an application fee is the amount set out in licence means:

(a)	a contractor licence, or
(b)	a building consultancy licence.

[2] Clause 42A Modification of Part 2 of Licensing and Registration (Uniform Procedures) Act 2002

Renumber the clause as clause 42B.

[3]      Clause 44

Insert “examination” before “fees” in the heading to the clause.

[4]      Clause 82 Certificate evidence

Omit “$17” from clause 82 (2). Insert instead “$18”.

[5]      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	1 year	$227	$295	$522
licence	3 years	$227	$749	$976

2007 No 343

Home Building Amendment (Fees) Regulation 2007

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4	Column 5
Type of application	Duration	Processing	Fixed	Total fee
component	component

Variation to	Not	$227	Nil	$227
add a	applicable
category or categories referred to in clause
46 (1) (a), (b), (d), (ac) or (ad)
Variation to	Not	$116	Nil	$116
add a	applicable
category or categories referred to in clause
46 (1) (c) or (e)–(ab) or (2) (a)–(j)
Renewal	1 year	$54	$295	$349
3 years	$54	$783	$837
Restoration	1 year	$108	$281	$389
3 years	$108	$769	$877

(Partnership) New 1 year $531 $342 $873

licence	3 years	$531	$801	$1,332
Variation to	Not	$227	Nil	$227
add a	applicable
category or categories referred to in clause
46 (1) (a), (b), (d), (ac) or (ad)

2007 No 343

Home Building Amendment (Fees) Regulation 2007

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4	Column 5
Type of application	Duration	Processing	Fixed	Total fee
component	component

Variation to	Not	$123	Nil	$123
add a	applicable
category or categories referred to in clause
46 (1) (c) or (e)–(ab) or (2) (a)–(j)
Renewal	1 year	$54	$342	$396
3 years	$54	$896	$950
Restoration	1 year	$108	$328	$436
3 years	$108	$882	$990

(Corporation) New 1 year $579 $468 $1,047

licence	3 years	$579	$1,093	$1,672
Variation to	Not	$227	Nil	$227
add a	applicable
category or categories referred to in clause
46 (1) (a), (b), (d), (ac) or (ad)
Variation to	Not	$123	Nil	$123
add a	applicable
category or categories referred to in clause
46 (1) (c) or (e)–(ab) or (2) (a)–(j)
Renewal	1 year	$54	$468	$522
3 years	$54	$1,198	$1,252
Restoration	1 year	$108	$454	$562
3 years	$108	$1,184	$1,292

2007 No 343

Home Building Amendment (Fees) Regulation 2007

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4	Column 5
Type of application	Duration	Processing	Fixed	Total fee
component	component

Other construction or specialist contractor

(Individual)	New	1 year	$116	$121	$237
licence	3 years	$116	$353	$469
Variation to	Not	$227	Nil	$227
add a	applicable
category or categories referred to in clause
46 (1) (a), (b), (d), (ac) or (ad)
Variation to	Not	$116	Nil	$116
add a	applicable
category or categories referred to in clause
46 (1) (c) or (e)–(ab) or (2) (a)–(j)
Renewal	1 year	$54	$121	$175
3 years	$54	$363	$417
Restoration	1 year	$108	$107	$215
3 years	$108	$349	$457

(Partnership) New 1 year $123 $207 $330

licence	3 years	$123	$558	$681
Variation to	Not	$531	Nil	$531
add a	applicable
category or categories referred to in clause
46 (1) (a), (b), (d), (ac) or (ad)

2007 No 343

Home Building Amendment (Fees) Regulation 2007

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4	Column 5
Type of application	Duration	Processing	Fixed	Total fee
component	component

Variation to	Not	$123	Nil	$123
add a	applicable
category or categories referred to in clause
46 (1) (c) or (e)–(ab) or (2) (a)–(j)
Renewal	1 year	$54	$207	$261
3 years	$54	$572	$626
Restoration	1 year	$108	$193	$301
3 years	$108	$558	$666

(Corporation) New 1 year $123 $255 $378

licence	3 years	$123	$673	$796
Variation to	Not	$579	Nil	$579
add a	applicable
category or categories referred to in clause
46 (1) (a), (b), (d), (ac) or (ad)
Variation to	Not	$123	Nil	$123
add a	applicable
category or categories referred to in clause
46 (1) (c) or (e)–(ab) or (2) (a)–(j)
Renewal	1 year	$54	$255	$309
3 years	$54	$687	$741
Restoration	1 year	$108	$241	$349
3 years	$108	$673	$781

2007 No 343

Home Building Amendment (Fees) Regulation 2007

Amendments Schedule 1

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	1 year	$227	$295	$522
licence	3 years	$227	$749	$976
Renewal	1 year	$54	$295	$349
3 years	$54	$783	$837
Restoration	1 year	$108	$281	$389
3 years	$108	$769	$877

(Partnership) New 1 year $531 $342 $873

licence	3 years	$531	$801	$1,332
Renewal	1 year	$54	$342	$396
3 years	$54	$896	$950
Restoration	1 year	$108	$328	$436
3 years	$108	$882	$990

(Corporation) New 1 year $579 $468 $1,047

licence	3 years	$579	$1,093	$1,672
Renewal	1 year	$54	$468	$522
3 years	$54	$1,198	$1,252
Restoration	1 year	$108	$454	$562
3 years	$108	$1,184	$1,292

Supervisor certificate

Building supervisor

(Individual)	New	1 year	$66	$123	$189
certificate
Variation to	Not	$66	Nil	$66
add a	applicable
category or categories referred to in clause 46

2007 No 343	Home Building Amendment (Fees) Regulation 2007
Schedule 1	Amendments

Column 1	Column 2	Column 3	Column 4	Column 5
Type of application	Duration	Processing	Fixed	Total fee
component	component

Renewal	1 year	Nil	Nil	Nil
Restoration	1 year	Nil	Nil	Nil

Other construction or specialist work supervisor

(Individual)	New	3 years	$66	$106	$172
certificate
Variation to	Not	$66	Nil	$66
add a	applicable
category or categories referred to in clause 46
Renewal	3 years	Nil	Nil	Nil
Restoration	3 years	Nil	Nil	Nil

Tradesperson certificate

(Individual)	New	3 years	$69	$43	$112
certificate
Variation to	Not	$66	Nil	$66
add a	applicable
category or categories referred to in clause 46
(2) (a)–(j)
Renewal	3 years	Nil	Nil	Nil
Restoration	3 years	Nil	Nil	Nil

Owner-builder permit

Not	$54	$86	$140
applicable

Replacement contractor licence, building consultancy licence,

certificate or owner-builder permit

Not	$39	Nil	$39
applicable

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