AustLII Tasmanian Numbered Acts

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BUILDING AMENDMENT ACT 2012 (NO. 20 OF 2012) - SECT 5

Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:
(a) by omitting the definition of accredited building practitioner from subsection (1) and substituting the following definitions:
accredited building practitioner means a building practitioner who is accredited under Part 4 and whose accreditation is in force and, for the purposes of Divisions 4 , 5 and 6 of Part 4 , includes a person who was accredited at the time certain building work or associated building work was done, or certain conduct engaged in, by that person;
accreditation scheme means the accreditation scheme approved under section 19 ;
(b) by omitting the definition of Appeal Board from subsection (1) and substituting the following definition:
Appeal Tribunal means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ;
(c) by omitting the definitions of authorised person and builder from subsection (1) and substituting the following definitions:
authorised person means –
(a) the Director; and
(b) a relevant building surveyor; and
(c) a relevant permit authority; and
(d) a relevant general manager;
builder means –
(a) a person engaged by the owner of land or a building to manage or carry out, or certify, building work on the building and includes a construction manager and a demolisher; or
(b) if such a person does not exist or is unable to be found, the owner of that building;
(d) by omitting "and" from paragraph (a)(i) of the definition of building action in subsection (1) and substituting "or" ;
(e) by omitting "and" from paragraph (a)(ii) of the definition of building action in subsection (1) and substituting "or" ;
(f) by omitting the definition of Building Code of Australia from subsection (1) and substituting the following definition:
Building Code of Australia means the code produced by the Australian Building Codes Board comprising –
(a) Volume One of the National Construction Code Series including any variations or additions in the Tasmania Appendix set out in the Appendices to that Volume; and
(b) Volume Two of the National Construction Code Series including any Tasmanian variations set out in Appendix A to that Volume;
(g) by inserting " section 40(3)(da) or" after "in" in the definition of building order in subsection (1) ;
(h) by omitting "assistant building surveyor" from paragraph (b) of the definition of building practitioner in subsection (1) and substituting "building surveyor limited" ;
(i) by inserting the following definitions after the definition of Building Regulations in subsection (1) :
building surveyor means a person engaged by an owner to perform building surveying functions under this Act and includes a building surveyor limited;
building surveyor limited means a building surveyor whose building surveying functions are limited in accordance with section 51 ;
(j) by omitting the definition of building work from subsection (1) and substituting the following definition:
building work means work relating to –
(a) erecting, re-erecting, constructing, altering, repairing, underpinning, demolishing or removing a building; or
(b) adding to a building; or
(c) excavating or filling incidental to an activity referred to in paragraph (a) or (b) ; or
(d) any other prescribed work;
(k) by inserting the following definitions after the definition of certificate to proceed in subsection (1) :
Class 1-9 building means a building with a classification of –
(a) Class 1; or
(b) Class 2; or
(c) Class 3; or
(d) Class 4; or
(e) Class 5; or
(f) Class 6; or
(g) Class 7; or
(h) Class 8; or
(i) Class 9;
Class 7b farm building means a building which has low human occupancy and –
(a) is associated with, and located on, land devoted to the practice of farming or horticulture; and
(b) is used essentially for –
(i) housing machinery and equipment; or
(ii) livestock; or
(iii) storage of agricultural or horticultural produce or materials;
(l) by inserting the following definition after the definition of mandatory notification stage in subsection (1) :
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;
(m) by omitting the definitions of owner and owner builder from subsection (1) and substituting the following definitions:
owner includes any one of the following:
(a) in the case of a fee simple estate in land, the person in whom that estate is vested;
(b) a person who has contracted to buy the building or land;
(c) in the case of land that is not registered under the Land Titles Act 1980 and is subject to a mortgage, the person for the time being holding the equity of redemption in that mortgage;
(d) in the case of land held under a tenancy for life, the person who is the life tenant;
(e) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the land;
(f) in the case of land that has not been alienated from the Crown, the Minister, authority or other person responsible for managing the land;
(g) any other person holding a prescribed interest in a building or land;
owner builder means –
(a) a natural person who is registered under section 30D to manage or carry out work on a Class 1-9 building; and
(b) an owner who manages or carries out building work on a Class 10 building;
(n) by omitting the definition of plumber from subsection (1) and substituting the following definitions:
plumber means a person who holds a licence as a Plumber Practitioner (Certifier) under the Occupational Licensing Act 2005 , authorising him or her to carry out any plumbing work that is prescribed work within the meaning of that Act;
Plumbing Code of Australia means the Plumbing Code of Australia set out in Volume Three of the National Construction Code Series including any variations or additions in the Tasmania Appendix set out in Appendix A to that Volume;
(o) by inserting the following definition after the definition of testable backflow prevention device in subsection (1) :
unique plumbing product means a plumbing product or drainage product that is –
(a) a prototype; or
(b) made on-site; or
(c) purpose-built and the only one of its type; or
(d) imported from outside Australia for a one-off use; or
(e) determined by the Director to be a unique plumbing product;
(p) by omitting paragraph (d) from the definition of unsatisfactory professional conduct in subsection (1) and substituting the following paragraph:
(d) fails to comply with this or any other Act or prescribed law or the accreditation scheme;
(q) by inserting the following definition after the definition of unsatisfactory professional conduct in subsection (1) :
wet well means a chamber for the collection of stormwater, sewage or wastewater that is fitted with a pumping device to raise the contents to an approved disposal system.
(r) by inserting the following subsection after subsection (2) :
(3)  A reference to the class of a building is a reference to that class as set out in the Building Code of Australia.



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