National Security (Building Control) Regulations (Cth)

STATUTORY RULES.

1941. No. 131.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this eleventh day of June, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

A. FADDEN

for and on behalf of the Minister of State

for Defence Co-ordination.

———

National Security (Building Control) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Building Control) Regulations.

Administration.

2. These Regulations shall be administered by the Treasurer.

Repeal.

3. The National Security (Building Control) Regulations (being Statutory Rules 1940, No. 250, as amended by Statutory Rules 1941, Nos. 37 and 86) are repealed.

Building permits inoperative in certain cases.

4.—(1.) Where a building permit in respect of the erection or alteration of a building was granted before the fifth day of December, 1940, in respect of the erection or alteration of a building the estimated cost of which erection or alteration exceeded Five thousand pounds, and the erection or alteration of that building was not substantially commenced within four months after that date, the permit shall be inoperative.

(2.) Where a building permit in respect of the erection or alteration of a building was granted before the twenty-third day of April, 1941, the estimated cost of which erection or alteration exceeded Three thousand pounds but did not exceed Five thousand pounds, and the erection or alteration of that building is not substantially commenced within four months after that date, the permit shall thereupon become inoperative.

 

* Notified in the Commonwealth Gazette on 12th June, 1941.

3336.—Price 3d.

Definitions.

5. In these Regulations, unless the contrary intention appears—

“alteration” includes addition or rebuilding;

“building authority” means any person who has power, under any law of a State or Territory of the Commonwealth, or under any instrument made or issued in pursuance of any such law, to approve, consent to or otherwise authorize the erection or alteration of any building or to approve the plans for the erection or alteration of any building, but does not include any Licensing Court or Licensing Magistrate;

“building permit” means the approval, consent or other authority given by a building authority for the erection or alteration of any building and includes any approval so given to the plans for the erection or alteration of a building;

“cost”, relation to the erection or alteration of a building, includes all costs, charges and expenses incidental to the erection or alteration and, without limiting the generality of the foregoing, includes the cost of outhouses, painting, sewerage, plumbing, electrical installation, provisional and prime cost items and finishings and also includes architects’ fees, but does not include the cost of, or expenses incidental to, the acquisition of any land;

“dwelling-house” means a building (other than a hotel or a building containing shop premises) which is intended to be used, or is used, exclusively or principally for the purposes of habitation.

Building permits not to be applied for in certain cases without consent.

6.—(1.) Subject to this regulation, a person shall not, without the consent in writing of the Treasurer, apply to a building authority for a building permit in respect of the erection or alteration of any building.

(2.) The last preceding sub-regulation shall not apply to an application for a building permit in respect of—

(a) the erection of a building for use as a dwelling-house, the estimated cost of which does not exceed Three thousand pounds; or

(b) any alteration—

(i) of a building (other than a hotel, a building containing shop premises or a dwelling-house) where the estimated cost thereof, together with the cost of any alterations of that building in respect of which a building permit has been granted during the prescribed period, does not exceed One thousand pounds;

(ii) of a hotel or a building containing shop premises where the estimated cost thereof together with the cost of any alterations of that hotel or building in respect of which a building permit has been granted during the prescribed period, does not exceed Five hundred pounds; or

(iii) of a dwelling-house where the estimated cost thereof, together with the cost of any alterations of that dwelling-house in respect of which a building permit has been granted during the prescribed period, does not exceed Two hundred and fifty pounds.

(3.) In this regulation, “the prescribed period” means—

(a)the period commencing on the date of commencement of these Regulations and ending on the date on which the application for the building permit is made; or

(b) the period of twelve months ending on the date on which application for the building permit is made,

whichever is the shorter.

Applications for building permits to set out estimated cost.

7.—(1.) Every application made to a building authority for a building permit shall set out the estimated cost of the erection or alteration.

(2.) This regulation shall commence fourteen days after the date of commencement of these Regulations.

Estimated cost not to be exceeded by more than 5 per cent. without consent.

8. A person who has been granted a building permit on an application made with the consent of the Treasurer after the commencement of these Regulations shall not, without the consent in writing of the Treasurer, incur expenditure on the erection or alteration, as the case may be, of the building so that the cost of the erection or alteration exceeds by more than five per centum the estimated cost thereof as specified in the application for the Treasurer’s consent, and shall, within one month after the completion of the erection or alteration, furnish to the Treasurer a statutory declaration made by some person having knowledge of the facts setting out particulars of every contract entered into in respect of the erection or alteration and stating the cost of the erection or alteration.

Provisions relating to applications for building permits made without the Treasurer’s consent.

9.—(1.) Where a person applies to a building authority for a building permit in respect of the erection or alteration of a building, the building authority shall not, if it is of the opinion that the application is one which requires the consent of the Treasurer under these Regulations, grant the permit until that person has obtained the consent in writing of the Treasurer or a statement in writing by the Treasurer that he has no objection to the granting of the permit.

(2.) Where a person has made an application for a building permit after the commencement of these Regulations, for which the consent of the Treasurer under these Regulations was not required, that person shall not, without the consent in writing of the Treasurer, incur expenditure on the erection or alteration, as the case may be, of the building of such an amount that, if that amount had been the estimated cost of the building at the time the application for consent was made, the consent of the Treasurer to the application would have been required.

Certain buildings not to be demolished without consent.

10. The owner of a building the value of which exceeds Five hundred pounds shall not, without the consent in writing of the Treasurer, demolish that building or cause it to be demolished.

Applications to Treasurer.

11.—(1.) An application to the Treasurer under these Regulations shall be in writing and shall be accompanied by particulars in writing of the proposed erection, alteration or demolition together with such further information as the Treasurer requires.

(2.) Where an application is made to the Treasurer under these Regulations, the Treasurer may, in his absolute discretion, grant the application, either unconditionally or subject to such conditions as he thinks fit, or refuse to grant the consent.

(3.) Where an application to the Treasurer is granted subject to conditions, a person shall comply with all such conditions as are applicable to him.

False statements.

12. A person shall not make to the Treasurer, or to any officer having duties connected with applications under these Regulations, any statement, whether oral or in writing, relating to any matter dealt with under these Regulations, which he knows to be untrue in any particular or which is made by him without his having first made proper inquiries with a view to ascertaining the truth, or otherwise, thereof.

Exemption.

13.—(1.) The Treasurer may, by order, either wholly or to the extent specified in the order, exempt from the application of the whole or any of the provisions of these Regulations any person or class of persons, any building or class of buildings, any erection or class of erections, or any alteration or class of alterations.

(2.) An order made under this regulation may be expressed to continue in operation for a period specified in the order, and, if so expressed, shall continue in operation for that period and no longer.

 

By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.