Local Government (Building and Construction Industry Long Service Payments) Amendment Act 1986 (NSW)

LOCAL GOVERNMENT (BUILDING AND

CONSTRUCTION INDUSTRY LONG SERVICE PAYMENTS) AMENDMENT ACT 1986 No. 20

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendment of Act No. 41, 1919

4. Saving provision

SCHEDULE 1—AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919

LOCAL GOVERNMENT (BUILDING AND CONSTRUCTION

INDUSTRY LONG SERVICE PAYMENTS) AMENDMENT ACT 1986

No. 20

NEW SOUTH WALES

Act No. 20, 1986

An Act to amend the Local Government Act 1919 in connection with the payment of long service levies under the Building and Construction Industry Long Service Payments Act 1986. [Assented to 2 May 1986.]

2   Act No. 20

Local Government (Building and Construction Industry Long Service Payments)

Amendment 1986

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Local Government (Building and

Construction Industry Long Service Payments) Amendment Act 1986".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on the day on which the Building and Construction Industry Long Service Payments Act 1986 commences.

Amendment of Act No. 41, 1919

1. The Local Government Act 1919 is amended in the manner set forth

in Schedule 1.

Saving provision

Section 3 1 1 B of the Local Government Act 1919, as inserted by this Act, does not apply to or in respect of an approval given by the council before the commencement of the Building and Construction Industry Long Service Payments Act 1986.

4.

SCHEDULE 1

(Sec. 3)

AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919

(1) Section 311 —

Omit the section, insert instead:

Approval of the council

311. A building shall not be erected unless the approval of the

council is obtained therefor beforehand.

Local Government (Building and Construction Industry Long Service Payments)

Amendment 1986

SCHEDULE 1—continued

AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919—

continued

(2) Sections 31 1A, 31 1B—

After section 311, insert:

Payment of insurance premium under Builders Licensing Act 1971

311A. (1) Where the council approves (whether or not subject to conditions) of an application for the approval of the council which relates to building work as defined in section 3 (1) of the Builders Licensing Act 1971, the council shall not forward or deliver to the applicant for the approval or to any other person a copy of the plans and specifications submitted to it with the application for approval unless—

(a) the council is satisfied that—

(i) the amount, if any, payable under Part VI of the Builders Licensing Act 1971 as an insurance premium has been duly paid; or

(ii) no amount is payable under that Part,

in respect of the building work; and

(b) the council has endorsed on that copy a notation that the council is so satisfied.

(2) Notwithstanding that the council has approved (whether or not subject to conditions) of an application referred to in subsection (1), the approval has no force or effect unless the council has endorsed a notation referred to in that subsection on a copy of the plans and specifications submitted to it with the application and forwarded or delivered by the council to the applicant after that approval was given.

(3) A certificate purporting to be issued under section 22 of the Builders Licensing Act 1971 certifying that—

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Local Government (Building and Construction Industry Long Service Payments)

Amendment 1986

SCHEDULE 1—continued

AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919—

continued

(a) the amount payable under Part VI of that Act as an insurance premium has been paid; or

(b) no such amount is payable,

in respect of any building work specified in the certificate shall, for the purpose of the council's making a notation referred to in subsection (1), be sufficient evidence of the matter referred to in paragraph (a) or (b), as the case may be.

Payment of long service levies under Building and Construction
Industry Long Service Payments Act 1986

311B. (1) Where the council approves (whether or not subject to conditions) of an application for its approval of the erection of a building, the council shall not forward or deliver to the applicant for the approval or to any other person a copy of the plans and specifications submitted to it with the application for approval unless—

(a) the council is satisfied that—

(i) the amount of the long service levy payable under

Long Service Payments Act 1986 in respect of the Part 5 of the Building and Construction Industry erection of the building has been duly paid; or

(ii)  where that long service levy is to be paid by instalments pursuant to section 43 of that Act, the first instalment of that long service levy has been duly paid; and

(b) the council has endorsed on that copy a notation that the council is so satisfied.

Local Government (Building and Construction Industry Long Service Payments)

Amendment 1986

SCHEDULE I—continued

AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1919—

continued

(2) Notwithstanding that the council has approved (whether or not subject to conditions) of an application for its approval of the erection of a building, the approval has no force or effect unless the council has endorsed a notation referred to in that subsection on a copy of the plans and specifications submitted to it with the application and forwarded or delivered by the council to the applicant after that approval was given.

(3) The council shall, in each month, furnish to the Building and Construction Industry Long Service Payments Corporation a notice, in such form and containing such particulars as may be approved by that Corporation, of each approval of the erection of a building given by the council in the immediately preceding month.