Untitled document

Building Amendment (Powers of Entry and Other Matters) Regulations 2017

S.R. No. 136/2017

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5New regulations 901A and 901B inserted

6Emergency orders

7Building notice

8Building orders

9New regulation 907 inserted

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Endnotes

STATUTORY RULES 2017

S.R. No. 136/2017

Building Act 1993

Building Amendment (Powers of Entry and Other Matters) Regulations 2017

The Governor in Council makes the following Regulations:

Dated: 19 December 2017

Responsible Minister:

RICHARD WYNNE
Minister for Planning

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Interim Regulations 2017—

(a)to prescribe matters relating to inspections of building work; and

(b)to prescribe information to be kept on registers of powers of entry; and

(c)to prescribe further information to be included in emergency orders, building notices and building orders; and

(d)to make other miscellaneous amendments.

2Authorising provisions

These Regulations are made under sections 7, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Commencement

These Regulations come into operation on 31 January 2018.

4Principal Regulations

In these Regulations, the Building Interim Regulations 2017[1] are called the Principal Regulations.

5New regulations 901A and 901B inserted

After regulation 901 of the Principal Regulations insert—

"901A   Record of inspection of building work

For the purposes of section 35A(1) of the Act, a record of an inspection under section 34 or 35 of the Act must contain the following information—

(a)the date and time of the inspection;

(b)the purpose of the inspection;

(c)the building permit number of the permit relating to the building work;

(d)the address of the building or land on which the building work is being carried out;

(e)the name and registration number of the registered building practitioner who carried out the inspection;

(f)the stage of the building work inspected (if applicable);

(g)the outcome of the inspection.

901BPrescribed persons carrying out inspections

For the purposes of section 35B(b) of the Act, the prescribed classes of inspection and the prescribed classes of person are as follows—

(a)in the case of an inspection of domestic building work relating to a structural, sewerage, water or drainage matter—a person registered under Part 11 of the Act in the category of engineer, class of engineer (civil);

(b)in the case of an inspection of domestic building work relating to a mechanical matter including hydraulic services within a building—a person registered under Part 11 of the Act in the category of engineer, class of engineer (mechanical);

(c)in the case of an inspection of domestic building work relating to an electrical matter—a person registered under Part 11 of the Act in the category of engineer, class of engineer (electrical);

(d)in the case of an inspection of domestic building work relating to a fire safety matter—a person registered under Part 11 of the Act in the category of engineer, class of engineer (fire safety);

(e)in the case of an inspection of building work relating to the erection of a prescribed temporary structure that is a scaffolding stage or tower, a person registered under Part 11 of the Act in—

(i)the category of engineer, class of engineer (civil); or

(ii)the category of person who erects or supervises the erection of prescribed temporary structures, class of temporary structures (limited to scaffolding stages and towers);

(f)in the case of an inspection of building work relating to the erection of a prescribed temporary structure that is a tent or marquee, a person registered under Part 11 of the Act in—

(i)the category of engineer, class of engineer (civil); or

(ii)the category of person who erects or supervises the erection of prescribed temporary structures, class of temporary structures (limited to tents and marquees).".

6Emergency orders

For regulation 903(e) of the Principal Regulations substitute—

"(e)the date of any inspection of the building, land or place of public entertainment carried out by the municipal building surveyor before the making of the order; and

(ea)the name and qualifications of any delegate of the municipal building surveyor who conducted the inspection referred to in paragraph (e); and".

7Building notice

For regulation 904(d) of the Principal Regulations substitute—

"(d)the date of any inspection of the building, land or place of public entertainment carried out by or on behalf of the relevant building surveyor before the serving of the notice; and

(da)the name and qualifications of any person who conducted the inspection referred to in paragraph (d)—

(i)acting as a delegate of the municipal building surveyor; or

(ii)on behalf of a private building surveyor; and".

8Building orders

For regulation 905(d) of the Principal Regulations substitute—

"(d)the date of any inspection of the building, land or place of public entertainment carried out by or on behalf of the relevant building surveyor before making the order; and

(da)the name and qualifications of any person who conducted the inspection referred to in paragraph (d)—

(i)acting as a delegate of the municipal building surveyor; or

(ii)on behalf of a private building surveyor; and".

9New regulation 907 inserted

After regulation 906 of the Principal Regulations insert—

"907   Register of exercise of powers of entry

(1)For the purposes of section 230(1), (2) or (3) of the Act, the register of the exercise of powers of entry must include the following information in relation to each power of entry exercised under Subdivision 5 of Division 2 of Part 13 of the Act—

(a)the power of entry exercised under the Act;

(b)the date and time of the entry;

(c)the purpose of the entry;

(d)the address of the building or land entered;

(e)the names of the persons and registration numbers of any registered building practitioners involved in the exercise of the power of entry;

(f)a record of any acknowledgement of consent given under section 228G of the Act;

(g)whether consent was withdrawn by the occupier of the building or land at any time;

(h)a description of things done while in or on the building or land;

(i)whether the entry involved the use of a warrant;

(j)a record of any receipt required to be given under section 229A of the Act for a thing seized;

(k)whether a police officer provided assistance under section 229H of the Act;

(l)the time of departure.

(2)For the purposes of section 230(4) of the Act, the register of the exercise of powers of entry must include the following information—

(a)in the case of an entry made under section 228D of the Act, the following—

(i)the date and time of the entry;

(ii)the purpose of the entry;

(iii)the address of the building or land entered;

(iv)the names of the persons and registration numbers of any registered building practitioners involved in the exercise of the power of entry;

(b)in the case of an entry made under section 228J of the Act, the following—

(i)the date and time of the entry;

(ii)the purpose of the entry;

(iii)the address of the building or land entered;

(iv)the names of the persons and registration numbers of any registered building practitioners involved in the exercise of the power of entry;

(v)a description of things done while in or on the building or land;

(vi)a record of any receipt required to be given under section 229A of the Act for a thing seized;

(vii)whether a police officer provided assistance under section 229H of the Act;

(viii)the time of departure.".

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ENDNOTES

[1] Reg. 4: S.R. No. 31/2017 as amended by S.R. Nos 65/2017, 81/2017 and 87/2017.