Untitled document

Planning and Building Legislation Amendment Act 2011 (No 2)

A2011-54

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Building Act 2004

4            Division 3.4 heading  3

5            Building commencement noticesNew section 37 (2A)  3

6            New sections 37A and 37B  3

Part 3Building (General) Regulation 2008

7           New division 3.2A  6

Part 4Construction Occupations (Licensing) Regulation 2004

8            Demerit grounds for occupational disciplineSchedule 2, pt 2.1, new items 2.1.16A and 2.1.16B  9

Part 5Magistrates Court (Building Infringement Notices) Regulation 2008

9            Building legislation infringement notice offences and penaltiesSchedule 1, pt 1.1, new items 1A and 1B  10

Part 6Planning and Development Act 2007

10          New sections 138AE and 138AF  11

11          Form of development applicationsSection 139 (2), new notes  12

Part 7Planning and Development Regulation 2008

12          Section 20 heading  13

13          New part 3.1AA  13

14          Schedule 1, new section 1.71  14

15          New schedule 1B  14

Part 8Plastic Shopping Bags Ban Regulation 2011

16          Section 5  21

Planning and Building Legislation Amendment Act 2011 (No 2)

A2011-54

An Act to amend legislation about planning, building and the environment

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Planning and Building Legislation Amendment Act 2011 (No 2).

2. Commencement

   (1)This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   (2)If this Act has not commenced within 12 months beginning on its notification day, it automatically commences on the first day after that period.

   (3)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

3. Legislation amended

   This Act amends the following legislation:

   · Building Act 2004

   · Building (General) Regulation 2008

   ·     Construction Occupations (Licensing) Regulation 2004

   ·     Magistrates Court (Building Infringement Notices) Regulation 2008

   · Planning and Development Act 2007

   · Planning and Development Regulation 2008

   ·     Plastic Shopping Bags Ban Regulation 2011.

Part 2Building Act 2004

1. Division 3.4 heading

   substitute

Division 3.4               Building commencement notices and building work signs

1. Building commencement notices
   New section 37 (2A)

   insert

   (2A)If, under section 37B, a sign must be displayed on the parcel of land before the application is made, the licensed builder must state in the application that the builder—

   (a)erected the sign, and displayed the sign for the required period; or

   (b)is reasonably satisfied that the sign was erected by a licensed builder and displayed for the required period.

   NoteKnowingly or recklessly giving someone information in relation to a construction service that is false or misleading is a ground for occupational discipline (see Construction Occupations (Licensing) Act 2004, s 55 (1) (b)).

2. New sections 37A and 37B

   insert

37ASign to be displayed for certain building work

(1)This section applies to building work that is required to be done only by a licensed builder.

NoteThis section does not apply to exempt building work (see s 15 (Application of pt 3 to building work)).

(2)A licensed builder who carries out or supervises the building work on a parcel of land must display a sign on the parcel—

(a)while the work is being carried out; or

(b)if the work is prescribed by regulation—for the period prescribed by regulation for the work.

(3)However, if the building work must be carried out urgently to address a risk of death or injury to a person, serious harm to the environment or significant damage to property, the licensed builder who carries out or supervises the work must display a sign as soon as practicable after the work is begun.

(4)A sign under this section must comply with any requirement prescribed by regulation.

(5)If a sign under this section is removed or damaged, the person who must display the sign must replace or repair it—

(a)within 2 days after the day it is removed or damaged; or

(b)if another period is prescribed by regulation—within that period.

(6)A person commits an offence if—

(a)a sign is displayed under subsection (2); and

(b)the person moves, alters, damages, defaces, covers or prevents access to the sign.

Maximum penalty:  5 penalty units.

(7)An offence against subsection (6) is a strict liability offence.

37BSign to be displayed for building work in prescribed development

(1)This section applies to building work that—

(a)is in relation to prescribed development; and

(b)is required to be done only by a licensed builder.

NoteThis section does not apply to exempt building work (see s 15 (Application of pt 3 to building work)).

(2)A licensed builder engaged to carry out the building work on a parcel of land must display a sign on the parcel—

(a)that complies with the requirements prescribed by regulation; and

(b)for the period prescribed by regulation.

NotePower to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).

(3)If a sign under this section is removed or damaged, the person who must display the sign must replace or repair it—

(a)within 2 days after the day it is removed or damaged; or

(b)if another period is prescribed by regulation—within that period.

(4)A person commits an offence if—

(a)a sign is displayed under subsection (2); and

(b)the person moves, alters, damages, defaces, covers or prevents access to the sign.

Maximum penalty:  5 penalty units.

(5)An offence against subsection (4) is a strict liability offence.

Part 3Building (General) Regulation 2008

1. New division 3.2A

   insert

Division 3.2A            Building work signs

30ARequirements for sign for certain building work—Act, s 37A (4) and s 37B (2) (a)

The following requirements are prescribed:

(a)the sign must be at least 600mm x 900mm;

(b)the sign must contain the following heading in bold typeface at least 50mm high:

‘Notice about building work’;

(c)the sign must include the following information:

(i)the name and licence number of the licensed builder;

(ii)a contact telephone number for the licensed builder;

(iii)the name and licence number of the certifier for the building work;

(iv)a contact telephone number for the certifier;

(v)the street address for each block of land in the parcel of land;

(vi)a description of the nature and scope of the building work to be, or being, carried out;

(vii)if development approval is required for the building work—the development approval number;

(viii)if a development approval is not required for the building work—that the work is exempt from requiring approval;

(ix)if the requirement for development approval is not determined—that the requirement for development approval is not determined;

(x)for building work carried out in stages—the stage of the work to be, or being, carried out and a description of the nature and scope of the stage of the work;

(d)the sign must be made of waterproof material;

(e)the sign must be placed prominently so that it can be seen and read easily by a person from each frontage of the parcel of land on which the sign must be displayed.

30BPrescribed development—Act, s 37B (1) (a)

The following development is prescribed:

(a)a designated development mentioned in the Planning and Development Regulation 2008, schedule 1, section 1.45 for a garage that has a floor area that is more than the floor area mentioned in this regulation, schedule 1, section 1.1, definition of large building, paragraph (b) (iii) (B);

NoteThe floor area mentioned in this regulation is a floor area of not more than 36m² excluding areas underneath external walls.

(b)a development mentioned in the Planning and Development Regulation 2008, schedule 1, section 1.100 or 1.100A;

(c)a development mentioned in the Planning and Development Regulation 2008, schedule 1, section 1.100B if the development is not required to be carried out urgently to address a risk of death or injury to a person, serious harm to the environment or significant damage to property.

30CPeriod for displaying sign—Act, s 37B (2) (b)

At least 7 consecutive days in the 2 months before an application for a commencement notice is lodged in relation to the building work is prescribed.

Part 4Construction Occupations (Licensing) Regulation 2004

1. Demerit grounds for occupational discipline
   Schedule 2, pt 2.1, new items 2.1.16A and 2.1.16B

   insert

2.1.16A	fail to comply with Building Act 2004, s 37A (2)—carried out or supervised building work without displaying sign	carrying out or supervising building work without displaying sign	1
2.1.16B	fail to comply with Building Act 2004, s 37A (5)—carried out or supervised building work without replacing or repairing damaged sign within 2 days or prescribed period	carrying out or supervising building work without replacing or repairing damaged sign within 2 days or prescribed period	1

Part 5Magistrates Court (Building Infringement Notices) Regulation 2008

1. Building legislation infringement notice offences and penalties
   Schedule 1, pt 1.1, new items 1A and 1B

   before item 1, insert

1A	37A (6)	5	100
1B	37B (5)	5	100

Part 6Planning and Development Act 2007

1. New sections 138AE and 138AF

   in division 7.3.1, insert

138AECommunity consultation for certain development proposals

(1)This section applies to a development proposal (a prescribed development proposal) prescribed by regulation for this section.

(2)Before lodging a development application for a prescribed development proposal, the proponent of the proposal must consult the community (community consultation)—

(a)about the proposal; and

(b)if a guideline is made under section 138AF—in accordance with the guideline.

(3)If a proponent proposes to lodge a development application for a prescribed development proposal (a revised proposal) that is not substantially the same as the proposal consulted on under subsection (2), the proponent must carry out community consultation in relation to the revised proposal.

(4)The development application for a prescribed development proposal must be accompanied by a written notice of the community consultation carried out for the proposal.

Note 1If a form is approved under s 425 for this provision, the form must be used.

Note 2If particular information is to be included in the form for the written notice of the community consultation, or a particular document must be attached to or given with the form, the form is properly completed only if the requirement is complied with (see Legislation Act, s 255 (5)).

(5)The validity of a decision on a development application for a prescribed development proposal is not affected by a defect or irregularity in relation to community consultation for the proposal.

138AFCommunity consultation guidelines

(1)The planning and land authority may make guidelines about how a proponent of a development proposal to which section 138AE applies must or may consult the community under that section.

(2)A guideline is a notifiable instrument.

Note 1A notifiable instrument must be notified under the Legislation Act.

Note 2Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48).

1. Form of development applications
   Section 139 (2), new notes

   insert

   Note 4A development application for a development proposal to which s 138AE applies must also be accompanied by a written notice of the community consultation carried out (see s 138AE (4)).

   Note 5If particular information is to be included in the form for a development application, or a particular document must be attached to or given with the form, the form is properly completed only if the requirement is complied with (see Legislation Act, s 255 (5)).

Part 7Planning and Development Regulation 2008

1. Section 20 heading

   substitute

2. Exempt developments—Act, s 133, def exempt development

3. New part 3.1AA

   after section 20, insert

Part 3.1AAPre-application matters

20APrescribed development proposal for community consultation—Act, s 138AE

(1)A development proposal for 1 or more of the following is prescribed:

(a)a building for residential use with 3 or more storeys and 15 or more dwellings;

(b)a building with a gross floor area of more than 5000m²;

(c)a building or structure more than 25m above finished ground level.

(2)However, subsection (1) does not apply to the following:

(a)a development proposal for development on land in an area designated as an industrial zone in the territory plan;

(b)a development proposal for development in an area outlined in bold on the plans in schedule 1B.

(3)The planning and land authority must, at least once every 5 years, review the operation of subsection (2).

(4)In this section:

residential use—see the territory plan (13 Definitions).

1. Schedule 1, new section 1.71

   in division 1.3.3, insert

1.71Signs—required under Building Act

The putting up, attaching or displaying of a sign if—

(a)the sign is required to be put up, attached or displayed under the Building Act 2004, section 37A (Sign to be displayed for certain building work) or section 37B (Sign to be displayed for building work in prescribed development); and

(b)the sign complies with the requirements for it under that Act.

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

1. New schedule 1B

   insert

Schedule 1B       Land not requiring community consultation for development proposal

(s 20A (2) (b))

Franklin, Harrison, Kenny, Throsby and Watson

Amaroo, Casey, Bonner, Forde, Jacka, Moncrieff, Nicholls, and Taylor

Crace and Gungahlin

Holt and Macgregor

Lawson

Molonglo and Weston North

Part 8Plastic Shopping Bags Ban Regulation 2011

1. Section 5

   substitute

2. Biodegradable bag—Act, dict, def biodegradable bag

   (1)The requirement that a plastic bag is made from plastic compostable in accordance with AS 4736-2006 (Biodegradable plastics‑Biodegradable plastics suitable for composting and other microbial treatment) as in force from time to time is prescribed.

   (2)The Legislation Act, section 47 (6) does not apply to AS 4736-2006.

   NoteAS 4736-2006 does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standard may be purchased at type="1">

   Presentation speech

   Presentation speech made in the Legislative Assembly on 17 November 2011.

   Notification

   Notified under the Legislation Act on 13 December 2011.

   Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Planning and Building Legislation Amendment Bill 2011 (No 2), which was passed by the Legislative Assembly on 6 December 2011.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2011