Local Government (Building and Rates) Amendment Act 1985 (NSW)

LOCAL GOVERNMENT (BUILDING AND RATES) AMENDMENT

ACT 1985 No. 168

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ELIZABETHS II REGINS

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Act No. 168, 1985

An Act to amend the Local Government Act 1919 to make provision with respect to the installation, operation and maintenance of certain essential services in buildings and the classification of buildings according to their use; and to validate the making of certain rates.

[Assented to, 3rd December, 1985.]

Local Government (Building and Rates) Amendment 1985

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 Rates) Amendment Act 1985".

Amendment of Act No. 41, 1919

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

in Schedule 1.

Validation of certain rates

(1) The general rates purporting to have been made in 1981 and 1982 under the Local Government Act 1919 by the Council of the City of Wagga Wagga and the special rate purporting to have been made in 1982 under that Act by that Council are validated and shall be deemed always to have been valid.

3.

(2) Notwithstanding subsection (1), a plaintiff in the proceedings brought against the Council of the City of Wagga Wagga in the Equity Division of the Supreme Court of New South Wales (No. 1660 of 1983) shall not be liable to pay any part of the special rate referred to in that subsection and any amount paid by such a plaintiff to the Council in respect of the special rate shall be refunded or credited against any other amount liable to be paid at any time by the plaintiff to the Council in respect of rates.

(3) A rate, other than a rate referred to in subsection (1), made in 1981 or 1982 by a council of a united area within the meaning of the Local

Government Areas Amalgamation Act 1980 shall not be invalid by reason—	(a)	that the rate was made without reference to any value of ratable land within the united area; or
(b)	that the rate was made partly by reference to the unimproved capital value of ratable land and partly by reference to the land value of ratable land within the united area.

3   Act No. 168

Local Government (Building and Rates) Amendment 1985

SCHEDULE 1

(Sec. 2)

AMENDMENTS TO PART XI OF THE LOCAL GOVERNMENT ACT

1919

(1) Part XI, Division 4B, heading—

Omit "in existing", insert instead "and essential services in".

(2) (a) Section 317c (1), definition of "essential services"—

Before the definition of "owner", insert:

"essential services" means materials, equipment, services and other items specified or defined in an ordinance to be essential services for the purposes of this Division;

(b) Section 317c (1), definition of "work"—

Omit the definition, insert instead:

"work" means work in the nature of alterations or otherwise,

and includes—

(a) in relation to fire safety—

(i) the provision of means of escape or egress;

(ii)  the installation of automatic sprinklers or drenchers; and

(iii)  the protection from fire of means of escape or egress; and

(b)	in relation to essential services—the provision,
installation, operation, maintenance and

replacement of essential services.

(3) Section 31 7 D ( 1 ) —

Omit the subsection, insert instead:

(l) For the purpose of ensuring that adequate provision for fire safety is made in or in connection with a building and for the purpose of ensuring the provision of essential services and that adequate provision is made for the installation, operation, maintenance and replacement of essential services in or in connection with a building, the council may, by notice in writing, order the owner to do either or both of the following things, namely:

Local Government (Building and Rates) Amendment 1985

SCHEDULE 1—continued

AMENDMENTS TO PART XI OF THE LOCAL GOVERNMENT ACT

1919—continued

(a)	to carry out, within the period specified in the notice, such work as may be so specified to such standards, if any, or in accordance with such requirements, if any, as may be so specified;
(b)	to provide, within the period specified in the notice, such fire-fighting equipment as may be so specified.

(4) (a) Section 319(1) (e)—

Omit the paragraph, insert instead:
(e) for the classification of—

(i) existing buildings or portions of existing buildings;

(ii)  proposed buildings or portions of proposed buildings; and

(iii)  buildings or portions of buildings as proposed to be altered, added to or rebuilt,

according to the purpose or purposes for which they are used or are intended or apparently intended to be used or by reference to other matters, for the making of applications for classification (whether in association with building applications or otherwise) and for the determination of those applications;

(b) Section 319(1) (k)—(n)—

Omit section 319 (1) (k), insert instead:

(k) for the form of any notice, notification, order, particulars

of work, plan, specification, approval, disapproval or
objection referred to in section 31 7D or 31 7E;

(1) for or with respect to requiring, controlling and regulating the provision, installation, operation, maintenance and replacement of materials, equipment, services and other items in existing buildings or portions of existing buildings, proposed buildings or portions of proposed buildings and buildings or portions of buildings as proposed to be altered, added to or rebuilt, being materials, equipment, services and other items —

5   Act No. 168

Local Government (Building and Rates) Amendment 1985

SCHEDULE 1—continued

AMENDMENTS TO PART XI OF THE LOCAL GOVERNMENT ACT

1919—continued

(i)  relating to the safety of persons in buildings or portions of buildings;

(ii)  without limiting the generality of subparagraph (i), relating to fire safety, including materials, equipment, services and other items for reducing the risk of fire and for reducing and controlling the spread of fire; and

(iii)  without limiting the generality of subparagraph (i), relating to or comprising ventilation, lifts, emergency lighting, emergency power, emergency intercommunication systems and other emergency equipment and services,

and for enabling or requiring the submission to the council of periodic or other certificates of or reports by persons or bodies in respect of the materials, equipment, services and other items;

(m)	for the specification or definition of materials, equipment, services and other items referred to in paragraph (1) as essential services;
(n)	generally for carrying into effect the purposes of the ordinance.