Building Legislation Amendment Act 2007 (ACT)

Building Legislation Amendment Act 2007

A2007-26

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended—sch 1  2

Schedule 1Legislation amended  3

Part 1.1Building Act 2004  3

Part 1.2Building and Construction Industry Training Levy Act 1999 65

Part 1.3Construction Occupations (Licensing) Act 2004            66

Part 1.4Construction Occupations (Licensing) Regulation 2004    69

Part 1.5Planning and Development Act 2007  71

Building Legislation Amendment Act 2007

A2007-26

An Act to amend legislation relating to building because of the enactment of the Planning and Development Act 2007, and for other purposes

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

1. Name of Act

   This Act is the Building Legislation Amendment Act 2007.

2. Commencement

   (1)This Act (other than schedule 1, part 1.5) commences—

   (a)on a day fixed by the Minister by written notice; or

   (b)if not earlier commenced, on the commencement of the Planning and Development Act 2007, section 428 (Repeals).

   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)Schedule 1, part 1.5 commences on the commencement of the Planning and Development Act 2007, part 11.2 (Complaints about controlled activities).

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

3. Legislation amended—sch 1

   This Act amends the legislation mentioned in schedule 1.

Schedule 1Legislation amended

(see s 3)

Part 1.1Building Act 2004

[1.1]Section 7

substitute

1. Meaning of building

   (1)In this Act:

   building includes—

   (a)a structure on or attached to land; and

   (b)an addition to a building; and

   (c)a structure attached to a building; and

   (d)fixtures; and

   (e)part of a building, whether the building is completed or not.

   Example of part of building

   footings poured for a building that is being built

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (2)However, building does not include—

   (a)a vehicle or craft that is not used or adapted for use as a class of building or structure classified under the building code; or

   (b)a transportable building, mobile home, caravan or similar that—

   (i)is not used for long-term habitation; and

   (ii)is readily transportable without being disassembled or removed from associated components including a footing, pier, stump, rigid annexe or an attached building or similar; or

   (c)if on the ground and not inside a building—paving, a driveway or a road; or

   (d)a surface-level carpark that is not inside a building; or

   (e)a ground treatment; or

   (f)vegetation; or

   (g)ground excavations or fillings; or

   (h)fittings, other than fittings included in a building—

   (i)to make the building comply with the building code; or

   (ii)that cause the building to not comply with the building code; or