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Building Further Amendment Regulations 2016

S.R. No. 63/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Part 9 heading substituted

6Substitution of regulation 902 and insertion of new regulation 902A

7Appeal periods

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Endnotes

STATUTORY RULES 2016

S.R. No. 63/2016

Building Act 1993

Building Further Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 21 June 2016

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 Regulations 2006 in relation to written directions to fix building work given under Division 2 of Part 4 of the Building Act 1993.

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 4 July 2016.

4Principal Regulations

In these Regulations, the Building Regulations 2006[1] are called the Principal Regulations.

5Part 9 heading substituted

For the heading to Part 9 of the Principal Regulations substitute

"Part 9—Inspections, notices, directions and orders".

6Substitution of regulation 902 and insertion of new regulation 902A

For regulation 902 of the Principal Regulations substitute

"902   Keeping and availability of directions to fix building work—relevant building surveyor

The relevant building surveyor must—

(a)keep a copy of each written direction to fix building work that the relevant building surveyor gives under Division 2 of Part 4 of the Act until the earlier of the following—

(i)an occupancy permit or certificate of final inspection relating to the building work has been issued;

(ii)the direction has been revoked;

(iii)the direction has been quashed or set aside by the Building Appeals Board; and

(b)make those directions available for inspection during that period by any person during office hours.

902APerson to whom authorised person must give documents under section 37J of the Act

For the purposes of section 37J of the Act, the relevant building surveyor is a prescribed person to whom an authorised person must give the documents set out in that section.".

7Appeal periods

After regulation 1601(b) of the Principal Regulations insert

"(c)7 days for an appeal by a person against a decision to give that person a written direction to fix building work under Division 2 of Part 4 of the Act; or".

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Endnotes


[1]

Reg. 4: S.R. No. 68/2006. Reprint No. 3 as at 11 December 2014. Reprinted to S.R. No. 197/2014. Subsequently amended by


S.R. Nos 8/2015, 21/2015, 70/2015, 134/2015, 152/2015, 157/2015, 4/2016, 21/2016, 33/2016 and 49/2016.

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