National Security (Building Control) Regulations

Overview

The National Security (Building Control) Regulations 1940, enacted by the Governor-General, were introduced to address the pressing need for control over building permits, particularly those with significant costs, in the context of national security. These Regulations came into effect on 5 December 1940 and are made under the authority of the National Security Act 1939-1940. The key objective of these Regulations is to ensure that the erection or alteration of buildings costing more than Five thousand pounds requires explicit consent from the Treasurer, thereby providing a mechanism for the government to monitor and potentially restrict construction activities that could be deemed a threat to national security. The Regulations establish a framework where building authorities must not issue permits without prior written consent from the Treasurer if the estimated cost of the building exceeds the specified limit. This legislative instrument underscores the importance of controlling significant construction activities during a period of national concern.

Scope and Application

The National Security (Building Control) Regulations, issued under the National Security Act 1939-1940, apply to any individual or entity involved in the erection or alteration of buildings where the estimated cost exceeds Five thousand pounds. This includes building authorities who have the power to approve or authorise such activities under state or territory laws. The regulations impose strict controls over the application for building permits for significant construction projects, requiring written consent from the Treasurer for any project estimated to cost more than Five thousand pounds. Additionally, the regulations provide the Treasurer with discretion to impose conditions on granted consents or to refuse consent altogether. The application process requires detailed written submissions from applicants, including full particulars of the proposed construction or alteration. The regulations also include provisions for the revocation of permits granted prior to the commencement of these regulations if construction has not commenced within four months, and impose penalties for making false statements to the Treasurer or related officers. Exemptions from the regulations may be granted by the Treasurer, either wholly or partially, for specific individuals, classes of persons, or types of construction projects.

Key Provisions

The National Security (Building Control) Regulations, enacted under the National Security Act 1939-1940, provide specific controls over the erection and alteration of buildings, particularly in relation to their cost and the permissions required. Section 4 of the Regulations states that no person can apply for a building permit for a building with an estimated cost exceeding Five thousand pounds without the written consent of the Treasurer. Section 5 further clarifies that if a building authority believes the actual cost may exceed this amount, they cannot grant a permit until the applicant obtains a written statement from the Treasurer that they have no objections. Additionally, Section 6 stipulates that if a building permit was issued before the Regulations came into effect for a building costing over Five thousand pounds and construction has not commenced within four months of the Regulations' commencement, the permit becomes inoperative. The Regulations impose several obligations on the parties involved. Building authorities are required to assess the likely costs of the proposed building and withhold permits if they believe costs will exceed the specified limit, pending a statement from the Treasurer (Section 5). Applicants must make written applications to the Treasurer, providing details of the proposed building and any further information required (Section 7). Moreover, applicants must ensure that all statements made to the Treasurer or related officers are truthful and based on proper inquiries (Section 8). Failure to comply with these Regulations can lead to several consequences. Section 8 imposes a prohibition on making false statements to the Treasurer or relevant officers, with no explicit penalties stated in the Regulations. However, making false statements could potentially lead to legal consequences under other relevant laws. Additionally, any person found to be in violation of the Regulations, such as applying for a building permit without the required consent (Section 4), could face unspecified penalties or legal actions as deemed appropriate by the courts. The Treasurer's discretion to grant or refuse applications under Section 7 also implies that non-compliance with conditions attached to approved applications could result in further penalties or refusal of permits.