Untitled document

Building Amendment (Bushfire Construction) Regulations 2011

S.R. No. 92/2011

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Additional information to accompany application for permit to construct or alter

5Request for information

6Revocation of regulations 804 and 807(6)(c)

7New regulations 810 and 811 inserted

810Designated bushfire prone areas

811Relevant building surveyor must accept bushfire attack level assessment

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 92/2011

Building Act 1993

Building Amendment (Bushfire Construction) Regulations 2011

The Governor in Council makes the following Regulations:

Dated: 30 August 2011

Responsible Minister:

MATTHEW GUY
Minister for Planning

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2006 to—

(a)provide for the Minister to determine designated bushfire prone areas; and

(b)provide for the relevant building surveyor to accept the bushfire attack level specified in a planning scheme, or a site assessment considered as part of a planning permit application, applicable to a site; and

(c)require all buildings constructed in a designated bushfire prone area to be constructed to at least the standard applicable to a bushfire attack level determination of 12.5.

2Authorising provisions

These Regulations are made under sections 7, 9, 261 and 262 of, and Part 1 of Schedule 1 to, the Building Act 1993.

3Commencement

These Regulations come into operation on 8 September 2011.

4Additional information to accompany application for permit to construct or alter

In regulation 305(g)(iii) of the Building Regulations 2006[1], for "804" substitute "810".

5Request for information

For regulation 326(2)(c) of the Building Regulations 2006 substitute—

"(c)for which a bushfire attack level has been specified in a planning scheme (within the meaning of regulation 811(4)); or".

6Revocation of regulations 804 and 807(6)(c)

Regulations 804 and 807(6)(c) of the Building Regulations 2006 are revoked.

7New regulations 810 and 811 inserted

After regulation 809 of the Building Regulations 2006 insert—

810Designated bushfire prone areas"

(1)The Minister may determine that areas which are subject, or which are likely to be subject, to bushfires are designated bushfire prone areas.

(2)A determination under subregulation (1) must be published in the Government Gazette and takes effect on the day of publication or any later day specified in the determination.

(3)The Minister must prepare a map that describes all areas that are designated from time to time as bushfire prone areas by any determination under subregulation (1).

Note

The map prepared for the purpose of this subregulation, including the map as amended from time to time, will be published on the Land Channel website the Minister alters a designated bushfire prone area or creates a new designated bushfire prone area in a determination under subregulation (1), the Minister must, as soon as practicable after making the determination, amend the map prepared under subregulation (3) to describe the altered designated bushfire prone area or the new designated bushfire prone area (as the case requires).

(5)The Minister must make a copy of any map prepared under this regulation available for inspection by members of the public without charge during normal office hours at the Commission.

(6)The Minister must, as soon as practicable after preparing any map under this regulation, give a copy of the map to each council in respect of which a designated bushfire prone area described by the map is wholly or partially within the council's municipal district.

(7)A council must make a copy of the most recent map given to it under subregulation (6) available for inspection by members of the public without charge during business hours at the office of that council.

811Relevant building surveyor must accept bushfire attack level assessment

(1)Despite anything to the contrary in the BCA, if a building is to be constructed in a designated bushfire prone area and     the bushfire attack level for the site is specified in a planning scheme applying to that site, the relevant building surveyor must accept that bushfire attack level for the purpose of determining the construction requirements that are applicable to the building.

(2)Despite anything to the contrary in the BCA, if a building is to be constructed in a designated bushfire prone area and¾

(a)a planning permit is required for the construction of the building; and

(b)a site assessment for the purpose of determining the bushfire attack level for the site has been considered as part of the application for the planning permit¾

the relevant building surveyor must accept that site assessment for the purpose of determining the bushfire attack level of the site and the construction requirements that are applicable to the building.

(3)Despite anything to the contrary in the BCA, if a building is to be constructed in a designated bushfire prone area and     the bushfire attack level for the site is determined as LOW by the relevant building surveyor, the building must be constructed to the standard applicable to a bushfire attack level of 12.5 set out in Section 5 of AS 3959 Construction of buildings in bushfire-prone areas, as published from time to time. 

(4)In this regulation—

bushfire attack level has the same meaning as in AS 3959 Construction of buildings in bushfire-prone areas, as published from time to time;

planning scheme means a planning scheme made under the Planning and Environment Act 1987 as that planning scheme is in force from time to time.".

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ENDNOTES

[1]

Reg. 4: S.R. No. 68/2006.  Reprint No. 1 as at 1 September 2009.  Reprinted to S.R. No. 105/2009.  Subsequently amended by

S.R. Nos 25/2009, 105/2009, 139/2009, 15/2010, 32/2010, 50/2010, 82/2010, 20/2011, 22/2011, 48/2011 and 73/2011.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

In this table—

BCA means the Building Code of Australia comprising—

(a)Volume One of the National Construction Code Series including any variations or additions in the Appendix Victoria set out in the Appendices to that Volume; and

(b)Volume Two of the National Construction Code Series including any Victoria additions set out in Appendix A of that Volume.

National Construction Code Series means the National Construction Code Series published by the Australian Building Codes Board as amended or remade from time to time.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 7 which inserts new regulation 811 into the Building Regulations 2006	AS 3959—2009 Construction of buildings in bushfire-prone areas, published by Standards Australia on 10 March 2009, as amended on 16 November 2009 and 15 February 2011	The whole