National Security (Building Control) Regulations (Amendment)

Overview

Statutory Rules 1941, No. 221, made under the National Security Act 1939-1940, introduces amendments to the National Security (Building Control) Regulations to address the problem of delaying the commencement of building projects without a direct threat to national security. Enacted by the Governor-General in Council, these regulations aim to ensure that building permits are not unnecessarily delayed or invalidated due to administrative oversights, while also preventing the commencement of building projects that would otherwise require permits without proper authorisation. The policy objective is to streamline the building permit process under the exigencies of national security without unduly hindering legitimate construction activities.

Scope and Application

The Regulations under the National Security Act 1939-1940 apply to any person or entity seeking to construct or alter a building within the Commonwealth of Australia, subject to the specific provisions outlined in these Regulations. These Regulations are designed to enforce national security measures by controlling the issuance and operation of building permits, particularly in instances where the erection or alteration of buildings could potentially impact national security. They apply to both individuals and entities, irrespective of their size or industry, provided the activities in question relate to the construction or alteration of buildings. These Regulations extend to all jurisdictions within Australia, ensuring a uniform approach to building control across the Commonwealth. Notably, these Regulations do not apply to the governments of the states, as they are already subject to state laws governing building permits. The Regulations can be further extended or specified through subordinate instruments, allowing for more detailed or targeted measures as necessary.

Key Provisions

The Regulations made under the National Security Act 1939-1940 primarily amend the National Security (Building Control) Regulations, focusing on the conditions under which building permits are granted or rendered inoperative, and the requirements for consent from the Treasurer for certain types of building activities. Regulation 4(3) adds a new sub-regulation stating that if a building permit has been granted and the construction has not been substantially commenced within the specified time frames (six months after the consent for permits granted after the commencement date of the sub-regulation, or six months after the consent for permits granted before the commencement date), the permit will become inoperative. Regulation 5 removes architects’ fees from the definition of "cost" in the National Security (Building Control) Regulations. Regulation 6 modifies the existing sub-regulations to include an additional requirement that building permits for multi-household dwellings can only be applied for by not more than two households, and inserts a new regulation 6a stipulating that persons not required to obtain a building permit under state law must obtain written consent from the Treasurer before commencing any erection or alteration of a building that would normally require a permit, with exceptions for certain types of buildings. These Regulations impose specific obligations on parties applying for building permits and commencing construction activities. They require that building permits are not granted unless the construction is substantially commenced within the stipulated time frames, and that consent from the Treasurer is obtained for certain building activities by persons not required to obtain a permit under state law. The Regulations also mandate that building permits for multi-household dwellings can only be applied for by a limited number of households, and that architects’ fees are excluded from the definition of "cost" in the context of these Regulations. Breach of the Regulations can result in several consequences. The most significant consequence is the inoperability of a building permit if the construction has not been substantially commenced within the prescribed time frames. This means that any building work carried out under such an inoperative permit could be illegal. Additionally, commencing construction without the required consent from the Treasurer, as stipulated in regulation 6a, can also result in legal penalties. Although the Regulations themselves do not specify maximum penalties for these breaches, any violations could lead to enforcement actions under the broader National Security Act 1939-1940, which might include fines or other legal consequences.