Untitled document

Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 2004

S.R. No. 146/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objective

2.     Authorising provision

3.     Building work to which Act does not apply

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STATUTORY RULES 2004

S.R. No. 146/2004

Domestic Building Contracts Act 1995

Domestic Building Contracts and Tribunal (General) (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 30 November 2004

Responsible Minister:

JOHN LENDERS
Minister for Consumer Affairs

DIANE CASEY

Clerk of the Executive Council

1.  Objective

The objective of these Regulations is to amend the Domestic Building Contracts and Tribunal (General) Regulations 1996 to specify infrastructure work in relation to a subdivision of land as building work to which the Domestic Building Contracts Act 1995 does not apply.

2.  Authorising provision

These Regulations are made under section 135 of the Domestic Building Contracts Act 1995.

3.  Building work to which Act does not apply

After regulation 4(2) of the Domestic Building Contracts and Tribunal (General) Regulations 1996[1] insert—

"(3)For the purposes of section 6(a) of the Act, work is not building work to which the Act applies if it is work for the design, construction, extension, repair, replacement, maintenance, demolition or removal of all or any of the following works in relation to a subdivision (within the meaning of the Subdivision Act 1988) of land—

(a)the provision of roads, access ways, footpaths, bridges, dams, reserves, open spaces, or ornamental or decorative works associated with such works, within the subdivision;

(b)works for sewerage, drainage, water supply, power, gas or telecommunications to connect the subdivision to the system serving properties outside it, excluding works to connect any particular property to the system for the subdivision;

(c)engineering works, fencing works, landscaping works or retaining structures required under the planning scheme or the permit under the Planning and Environment Act 1987 for the subdivision;

(d)works required for the issuing of any certificate of environmental audit under the Environment Protection Act 1970 for the subdivision.".

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[1] Reg. 3: S.R. No. 32/1996 as amended by S.R. Nos 115/1996 and 126/1999.