LOCAL GOVERNMENT (BUILDING REGULATION)
AMENDMENT ACT.
Act No. 53, 1964.
An Act to require the appointment of building inspectors by councils not exempted from the requirement; to make provisions with respect to the erection of residential flat buildings in parts of certain areas; for these and other purposes to amend the Local Government Act, 1919, and certain other Acts; and for purposes connected therewith. [Assented to, 9th December, 1964.]
TIE 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: —
1. This Act may be cited as the "Local Government (Building Regulation) Amendment Act, 1964".
| a person who holds the prescribed qualifications. |
(1) The Local Government Act, 1919, as amended by subsequent Acts, is amended—
2.
| (a) | by inserting next after section 90B the following : new section: — |
90c. (1) Unless exempted by the Minister,
every council shall appoint as a building inspector '
| (2 ) | Subject | t o | t h e | app rova l | of | t h e |
| Minis ter , | a n y | person | ho ld ing | the | prescr ibed |
| qualifications m a y b e appo in ted as a | bui ld ing |
| inspector for two o r m o r e counci ls . |
| ( 3 ) | Ord inances | m a y | b e | m a d e | prescr ibing |
the qualifications for appo in tmen t as a bui ld ing
inspector .
| (b) | by inserting in section ninety-three after the words |
| "electrical eng inee r" wherever occurr ing the | w o r d s | |
| " o r | bui ld ing | inspec tor" . | |
| ( 2 ) | Subsect ion | one of | this section shall | c o m m e n c e |
| u p o n a d a y to be appo in t ed by the G o v e r n o r | and notified | b y |
| p roc lamat ion | publ ished | in the | Gaze t te . |
| 3 . | T h e | L o c a l | G o v e r n m e n t | Ac t , | 1 9 1 9 , | as | a m e n d e d | by |
| subsequent Ac t s , is a m e n d e d by insert ing next after | section |
| t h r ee h u n d r e d a n d fourteen | the following new section : — |
| 31 4A. | ( 1 ) | T h e Gove rno r may , on the appl ica t ion | in |
wri t ing of the council , by p roc lamat ion apply the provi sions of this section to any land within the a rea of tha t counci l to which a prescr ibed town or count ry p lanning scheme or a scheme in course of p repa ra t ion appl ies .
( 2 ) A p roc lamat ion unde r subsection one of this section m a y prescr ibe , in re la t ion to the erect ion of residential flat bui ldings on a n y l and referred to in t h e p roc lamat ion , r equ i rements for o r with respect to all
| o r any of the following mat t e r s : — | (a ) | the provis ion | of | na tu ra l l ight | a n d | vent i la t ion |
| (b ) | the provis ion, | ma in t enance a n d | opera t ion | of |
| mechan ica l | m e a n s | of | ven t i l a t ion ; |
| (c) | the proportion of a site to be covered by any |
| such | bui ld ing, | a n d | the | provis ion | of | o p e n | |
| spaces | a n d | light | a r e a s ; | |
| (d) | the total floor area of any such building in |
| re la t ion to the a rea of a | s i t e ; | |
( e )
| (e) | the height of any such bu i ld ing ; |
| (f) | the position, in relation to other buildings or t o the boundar ies of a site, of any such build ing or of any outbui ld ing or offices to b e |
| erected | o n the | s i t e ; | |
| (g) | the provision of suitable space for the parking |
| a n d | a c c o m m o d a t i o n | of | vehicles | likely | t o | b e | |
| used in connect ion with a n y such | bu i ld ing ; | |
| (h ) | the m e a n s of access generally, a n d par t icu larly the m e a n s of access for the pu rpose of |
| r emova l of garbage and o ther | re fuse ; | |
| ( i) the | form | a n d contents of t h e p lans | a n d |
specifications in respect of a n y such bu i ld ing ;
| (j) | such o ther mat te rs as the Gove rno r considers appropr i a t e . |
| ( 3 ) In respect of | a n appl ica t ion for | the | |
council 's approva l of the erect ion of a residential flat bui lding on land wi thin a pa r t of the counci l ' s area to
| which | this | section | a p p l i e s — |
| (a ) p a r a g r a p h | (c) | of subsection one of | section |
| th ree | h u n d r e d | a n d | four teen | of | this | A c t ; | a n d |
| (b ) | a n y o ther provis ion of this A c t o r a n y p ro vision of any o the r Act , o r of the o rd inances , o r of any regulat ions or by-laws m a d e unde r any Act , tha t is inconsistent wi th any of the requi rements prescr ibed in the p roc lamat ion |
| appl icable to tha t pa r t of the council 's a rea , | |
shall no t apply so as to p rec lude the counci l from approv ing of the appl icat ion, bu t the council shall no t approve of the appl icat ion, e i ther absolutely o r subject t o condi t ions , unless it is satisfied tha t a bui lding, erec ted in accordance wi th the appl icat ion a n d the p lans a n d specifications in respect of the p roposed bui ld ing sub mi t ted t o the council , or wi th any modifications of the appl ica t ion, p lans or specifications of which the counci l approves , would b e in accordance wi th the require ments prescr ibed in such proc lamat ion .
( 4 )
(4) In this section, "scheme in course of
preparation" means—
| (a) | a town or country planning scheme submitted to the Minister before the commencement of the Local Government (Town and Country Planning) Amendment Act, 1962, where the Minister has decided to proceed with the scheme without alteration, or to proceed with the scheme with such alterations as he deems expedient; and |
| (b) | a town or country planning scheme submitted to the Minister after such commencement, where the Minister has, pursuant to subsection two of section 342F of this Act, certified that the scheme submitted to the State Planning Authority is adequate and sufficient and that the planning principles contained in the scheme appear to the Minister to be suitable for implementation. |