LOCAL GOVERNMENT (GENERAL) AMENDMENT REGULATIONS (NO. 2) 2016 (S.R. 2016, NO. 111)

Schedule 6 to the Principal Regulations is amended by omitting Part 6 and substituting:
PART 6 - Building and Plumbing Matters

Building Act 2000 and Building Act 2016

No.
Question
Answer
31.
Special plumbing permit

(a) In relation to the specified land, has the council a record of an application having been made for –

(i) a special plumbing permit under section 79 of the former Building Act 2000 ; or

(ii) a special connection permit under the former Plumbing Regulations 1994?

(b) If YES to (a)(i) or (a)(ii), what was the type of work to which the application related? Provide particulars.

(c) If YES to (a)(i) or (a)(ii), was the application granted or refused or the permit issued or refused?

(d) If the application was granted or the permit issued, was it granted or issued on conditions? If so, provide particulars.

(e) Does the council record show that the proposed plumbing work was carried out satisfactorily and in accordance with the conditions, if any, of the permit?

(f) If the application was grantedor the permit issued, has the permit since been suspended or cancelled for any reason? If so, provide particulars.

32.
Plumbing permit

(a) In relation to the specified land, has the council a record of an application having been made for a plumbing permit (other than a special plumbing permit or a special connection permit) under –

(i) section 165 of the Building Act 2016 ; or

(ii) section 78 of the former Building Act 2000 ; or

(iii) the former Plumbing Regulations 1994?

(b) If YES to (a)(i), (a)(ii) or (a)(iii), what was the type of work to which the application related?

(c) If YES to (a)(i), (a)(ii) or (a)(iii), was the application granted or refused or the permit issued or refused?

(d) If the application was granted or the permit issued, was it granted or issued on conditions? If so, provide particulars.

(e) If the application was granted or the permit issued, has the council a record of a certificate of completion (plumbing work) being issued in respect of the work under section 153 of the Building Act 2016 or section 113 of the former Building Act 2000 ?

(f) If the application was granted or the permit issued, has the council a record of a certificate of completion (plumbing work) being refused in respect of the work under section 153 of the Building Act 2016 or section 113 of the former Building Act 2000 ?

33.
Plumbing notice or order

(a) Has the council a record of having issued any plumbing notice or order under Part 18 of the Building Act 2016 , or Part 11 of the former Building Act 2000 , relating to plumbing work on the specified land and the notice or order has not been satisfied?

(b) Has the council a record of having issued a notice under Part 7 of the former Plumbing Regulations 2004, the former Plumbing Regulations 2014, the former Building Regulations 2004, or Part 7 of the former Building Regulations 2014, relating to an on-site waste water management system installed on the specified land prior to 15 January 1996?

(c) If YES to (a) or (b), provide particulars.

34.
Building permit

(a) In relation to the specified land, has the council a record of an application having been made for a building permit under section 139 of the Building Act 2016 , or Part 7 of the former Building Act 2000 or the former Building Regulations 1994?

(b) If YES to (a), what was the type of work to which the application related?

(c) If YES to (a), was the application granted or refused or the permit issued or refused?

(d) If the application was granted or the permit issued, was it granted or issued on conditions? If so, provide particulars.

(e) If the application was grantedor the permit issued, has the permit since been suspended or cancelled for any reason?

(f) If YES to (e), provide particulars.

35.
Demolition permit

(a) In relation to the specified land, has the council a record of an application having been made for a demolition permit under section 190 of the Building Act 2016 ?

(b) If YES to (a), was the application granted or refused or the permit issued or refused?

(c) If the application was granted or the permit issued, was it granted or issued on conditions? If so, provide particulars.

(d) If the application was grantedor the permit issued, has the permit since been suspended or cancelled for any reason?

(e) If YES to (d), provide particulars.

36.
Occupancy permit

(a) Has the council a record of an application for a certificate of occupancy under the former Building Regulations 1994, in relation to a building, or part of a building, on the specified land?

(b) If YES to (a), was a certificate of occupancy issued under the former Building Regulations 1994 or was the application refused?

(c) If a certificate of occupancy was issued under the former Building Regulations 1994 on conditions, provide particulars of the conditions.

(d) If a certificate of occupancy was issued under the former Building Regulations 1994, has the certificate been cancelled? If so, provide particulars.

(e) Has the council a record of an occupancy permit being issued in relation to a building, or a part of a building, on the specified land under section 222 of the Building Act 2016 or section 100 of the former Building Act 2000 ?

(f) If YES to (e), provide particulars, including of any conditions of the permit, and whether the permit issued has been cancelled or superseded by another occupancy permit.

37.
Certificate of completion (permit building work)

(a) Has the council a record of any building work, on the specified land, for which a permit under section 144 of the Building Act 2016 was issued and a certificate of completion (permit building work) has not been issued in respect of the work under that Act?

(b) Has the council a record of any building work, on the specified land, since 1 November 1994, for which a permit under the former Building Act 2000 was issued and –

(i) a certificate of completion (building work) under the Building Act 2016 or section 112 of the former Building Act 2000 ; or

(ii) a certificate of completion under section 49 of the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 –

has not been issued in respect of the work?

(c) If YES to (a), (b)(i) or (b)(ii), provide particulars.

38.
Notifiable building work

(a) Has the council received a certificate of likely compliance (notifiable building work) under section 98 of the Building Act 2016 , in respect of work on the specified land, and a certificate of completion (notifiable building work) has not been issued in respect of the work under section 104 of that Act?

(b) If YES to (a), provide particulars.

39.
Notifiable plumbing work

(a) Has the council received a certificate of likely compliance (notifiable plumbing work) under section 109 of the Building Act 2016 , in respect of work on the specified land, and a certificate of completion (notifiable plumbing work) has not been issued in respect of the work under section 113 of that Act?

(b) If YES to (a), provide particulars.

40.
Notifiable demolition work

(a) Has the council received a certificate of likely compliance (notifiable demolition work) under section 121 of the Building Act 2016 , in respect of work on the specified land, and a certificate of completion (notifiable demolition work) has not been issued in respect of the work under section 125 of that Act?

(b) If YES to (a), provide particulars.

41.
Building certificate

(a) Has the council a record that the general manager has, within the previous 7 years, issued a building certificate under the Building Regulations, or section 119 of the former Building Act 2000 , in relation to the specified land?

(b) If YES to (a), provide particulars.

42.
Protection work notice

(a) Has the council a record of any protection work notice lodged under section 77 of the Building Act 2016 , or section 121 of the former Building Act 2000 , in relation to the specified land?

(b) If YES to (a), provide particulars.

43.
Temporary occupancy permits

(a) Has the council a record of a temporary occupancy permit, that is in force, being issued under section 232 of the Building Act 2016 , or section 108 of the former Building Act 2000 , in relation to the specified land?

(b) If YES to (a), provide particulars.

44.
Consent to build over existing drain

(a) In relation to the specified land, has the council a record of having written permission being provided to the owner under –

(i) section 73 or 74 of the Building Act 2016 ; or

(ii) section 160 of the former Building Act 2000 ; or

(iii) regulation 44 of the former Building Regulations 1994 –

to carry out building work over or near an existing drain or easement?

(b) If YES to (a)(i), (a)(ii) or (a)(iii), provide particulars.

45.
Certificate of material compliance, permit to proceed or permit of substantial compliance

(a) Has the council a record of a certificate of material compliance for any building on the specified land having been issued under the former Building Regulations 1994 ?; or

(b) Has the council a record of a certificate of substantial compliance, or a permit of substantial compliance, for any building on the specified land having been issued under section 257 of the Building Act 2016 or section 184 or 188 of the former Building Act 2000 ?; or

(c) Has the council a record of a certificate to proceed, or a permit to proceed, having been granted under section 176 or 180 of the former Building Act 2000 ?; or

(d) If YES to (a), (b) or (c), provide particulars of the relevant certificate or permit.

46.
Endorsement of irregular procedures

(a) Does the council record show, on a certificate or permit relating to building work on the specified land, an endorsement to the effect that "This building was not the subject of the normal application, permit and inspection procedures" in accordance with the former Building Regulations 1994 or with section 268 of the Building Act 2016 or section 195 of the former Building Act 2000 ?

(b) If YES to (a), provide particulars of the building work to which the endorsement applies.

47.
Notice or order relating to a building or building work

(a) Has the council a record of having issued a notice or order under the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 in relation to building work on the specified land and that notice or order has not been satisfied?

(b) Has the council a record of any order to uncover, order to open up work, notice to demolish or inspection notice issued under the former Building Regulations 1994 in relation to a building or building work on the specified land and that order or notice has not been satisfied?

(c) Has the council a record of having issued any notice or order under Part 18 of the Building Act 2016 , or Part 11 of the former Building Act 2000 , in relation to a building, temporary structure, building work or maintenance of a building on the specified land and that notice or order has not been satisfied?

(d) If YES to (a), (b) or (c), provide particulars.

48.
Other outstanding notices or orders

(a) Has the council a record of having served any other notice or order on the owner under the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 still affecting the specified land or the use of the specified land?

(b) Has the council a record of any other notice or order being issued under the Building Act 2016 , or the former Building Act 2000 , to the owner or occupier of the specified land and the notice or order has not been satisfied?

(c) If YES to (a) or (b), provide particulars.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 21 December 2016

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Local Government (General) Regulations 2015 by updating certain legislative references consequent on the commencement of the Building Act 2016 .

Tasmanian Numbered Regulations

LOCAL GOVERNMENT (GENERAL) AMENDMENT REGULATIONS (NO. 2) 2016 (S.R. 2016, NO. 111) - REG 5

	*Building Act 2000* and *Building Act 2016*
No.	Question	Answer
31.	Special plumbing permit
	(a) In relation to the specified land, has the council a record of an application having been made for –
	(i) a special plumbing permit under section 79 of the former Building Act 2000 ; or
	(ii) a special connection permit under the former Plumbing Regulations 1994?
	(b) If YES to (a)(i) or (a)(ii), what was the type of work to which the application related? Provide particulars.
	(c) If YES to (a)(i) or (a)(ii), was the application granted or refused or the permit issued or refused?
	(d) If the application was granted or the permit issued, was it granted or issued on conditions? If so, provide particulars.
	(e) Does the council record show that the proposed plumbing work was carried out satisfactorily and in accordance with the conditions, if any, of the permit?
	(f) If the application was grantedor the permit issued, has the permit since been suspended or cancelled for any reason? If so, provide particulars.
32.	Plumbing permit
	(a) In relation to the specified land, has the council a record of an application having been made for a plumbing permit (other than a special plumbing permit or a special connection permit) under –
	(i) section 165 of the Building Act 2016 ; or
	(ii) section 78 of the former Building Act 2000 ; or
	(iii) the former Plumbing Regulations 1994?
	(b) If YES to (a)(i), (a)(ii) or (a)(iii), what was the type of work to which the application related?
	(c) If YES to (a)(i), (a)(ii) or (a)(iii), was the application granted or refused or the permit issued or refused?
	(d) If the application was granted or the permit issued, was it granted or issued on conditions? If so, provide particulars.
	(e) If the application was granted or the permit issued, has the council a record of a certificate of completion (plumbing work) being issued in respect of the work under section 153 of the Building Act 2016 or section 113 of the former Building Act 2000 ?
	(f) If the application was granted or the permit issued, has the council a record of a certificate of completion (plumbing work) being refused in respect of the work under section 153 of the Building Act 2016 or section 113 of the former Building Act 2000 ?
33.	Plumbing notice or order
	(a) Has the council a record of having issued any plumbing notice or order under Part 18 of the Building Act 2016 , or Part 11 of the former Building Act 2000 , relating to plumbing work on the specified land and the notice or order has not been satisfied?
	(b) Has the council a record of having issued a notice under Part 7 of the former Plumbing Regulations 2004, the former Plumbing Regulations 2014, the former Building Regulations 2004, or Part 7 of the former Building Regulations 2014, relating to an on-site waste water management system installed on the specified land prior to 15 January 1996?
	(c) If YES to (a) or (b), provide particulars.
34.	Building permit
	(a) In relation to the specified land, has the council a record of an application having been made for a building permit under section 139 of the Building Act 2016 , or Part 7 of the former Building Act 2000 or the former Building Regulations 1994?
	(b) If YES to (a), what was the type of work to which the application related?
	(c) If YES to (a), was the application granted or refused or the permit issued or refused?
	(d) If the application was granted or the permit issued, was it granted or issued on conditions? If so, provide particulars.
	(e) If the application was grantedor the permit issued, has the permit since been suspended or cancelled for any reason?
	(f) If YES to (e), provide particulars.
35.	Demolition permit
	(a) In relation to the specified land, has the council a record of an application having been made for a demolition permit under section 190 of the Building Act 2016 ?
	(b) If YES to (a), was the application granted or refused or the permit issued or refused?
	(c) If the application was granted or the permit issued, was it granted or issued on conditions? If so, provide particulars.
	(d) If the application was grantedor the permit issued, has the permit since been suspended or cancelled for any reason?
	(e) If YES to (d), provide particulars.
36.	Occupancy permit
	(a) Has the council a record of an application for a certificate of occupancy under the former Building Regulations 1994, in relation to a building, or part of a building, on the specified land?
	(b) If YES to (a), was a certificate of occupancy issued under the former Building Regulations 1994 or was the application refused?
	(c) If a certificate of occupancy was issued under the former Building Regulations 1994 on conditions, provide particulars of the conditions.
	(d) If a certificate of occupancy was issued under the former Building Regulations 1994, has the certificate been cancelled? If so, provide particulars.
	(e) Has the council a record of an occupancy permit being issued in relation to a building, or a part of a building, on the specified land under section 222 of the Building Act 2016 or section 100 of the former Building Act 2000 ?
	(f) If YES to (e), provide particulars, including of any conditions of the permit, and whether the permit issued has been cancelled or superseded by another occupancy permit.
37.	Certificate of completion (permit building work)
	(a) Has the council a record of any building work, on the specified land, for which a permit under section 144 of the Building Act 2016 was issued and a certificate of completion (permit building work) has not been issued in respect of the work under that Act?
	(b) Has the council a record of any building work, on the specified land, since 1 November 1994, for which a permit under the former Building Act 2000 was issued and –
	(i) a certificate of completion (building work) under the Building Act 2016 or section 112 of the former Building Act 2000 ; or
	(ii) a certificate of completion under section 49 of the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 –
	has not been issued in respect of the work?
	(c) If YES to (a), (b)(i) or (b)(ii), provide particulars.
38.	Notifiable building work
	(a) Has the council received a certificate of likely compliance (notifiable building work) under section 98 of the Building Act 2016 , in respect of work on the specified land, and a certificate of completion (notifiable building work) has not been issued in respect of the work under section 104 of that Act?
	(b) If YES to (a), provide particulars.
39.	Notifiable plumbing work
	(a) Has the council received a certificate of likely compliance (notifiable plumbing work) under section 109 of the Building Act 2016 , in respect of work on the specified land, and a certificate of completion (notifiable plumbing work) has not been issued in respect of the work under section 113 of that Act?
	(b) If YES to (a), provide particulars.
40.	Notifiable demolition work
	(a) Has the council received a certificate of likely compliance (notifiable demolition work) under section 121 of the Building Act 2016 , in respect of work on the specified land, and a certificate of completion (notifiable demolition work) has not been issued in respect of the work under section 125 of that Act?
	(b) If YES to (a), provide particulars.
41.	Building certificate
	(a) Has the council a record that the general manager has, within the previous 7 years, issued a building certificate under the Building Regulations, or section 119 of the former Building Act 2000 , in relation to the specified land?
	(b) If YES to (a), provide particulars.
42.	Protection work notice
	(a) Has the council a record of any protection work notice lodged under section 77 of the Building Act 2016 , or section 121 of the former Building Act 2000 , in relation to the specified land?
	(b) If YES to (a), provide particulars.
43.	Temporary occupancy permits
	(a) Has the council a record of a temporary occupancy permit, that is in force, being issued under section 232 of the Building Act 2016 , or section 108 of the former Building Act 2000 , in relation to the specified land?
	(b) If YES to (a), provide particulars.
44.	Consent to build over existing drain
	(a) In relation to the specified land, has the council a record of having written permission being provided to the owner under –
	(i) section 73 or 74 of the Building Act 2016 ; or
	(ii) section 160 of the former Building Act 2000 ; or
	(iii) regulation 44 of the former Building Regulations 1994 –
	to carry out building work over or near an existing drain or easement?
	(b) If YES to (a)(i), (a)(ii) or (a)(iii), provide particulars.
45.	Certificate of material compliance, permit to proceed or permit of substantial compliance
	(a) Has the council a record of a certificate of material compliance for any building on the specified land having been issued under the former Building Regulations 1994 ?; or
	(b) Has the council a record of a certificate of substantial compliance, or a permit of substantial compliance, for any building on the specified land having been issued under section 257 of the Building Act 2016 or section 184 or 188 of the former Building Act 2000 ?; or
	(c) Has the council a record of a certificate to proceed, or a permit to proceed, having been granted under section 176 or 180 of the former Building Act 2000 ?; or
	(d) If YES to (a), (b) or (c), provide particulars of the relevant certificate or permit.
46.	Endorsement of irregular procedures
	(a) Does the council record show, on a certificate or permit relating to building work on the specified land, an endorsement to the effect that "This building was not the subject of the normal application, permit and inspection procedures" in accordance with the former Building Regulations 1994 or with section 268 of the Building Act 2016 or section 195 of the former Building Act 2000 ?
	(b) If YES to (a), provide particulars of the building work to which the endorsement applies.
47.	Notice or order relating to a building or building work
	(a) Has the council a record of having issued a notice or order under the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 in relation to building work on the specified land and that notice or order has not been satisfied?
	(b) Has the council a record of any order to uncover, order to open up work, notice to demolish or inspection notice issued under the former Building Regulations 1994 in relation to a building or building work on the specified land and that order or notice has not been satisfied?
	(c) Has the council a record of having issued any notice or order under Part 18 of the Building Act 2016 , or Part 11 of the former Building Act 2000 , in relation to a building, temporary structure, building work or maintenance of a building on the specified land and that notice or order has not been satisfied?
	(d) If YES to (a), (b) or (c), provide particulars.
48.	Other outstanding notices or orders
	(a) Has the council a record of having served any other notice or order on the owner under the former Part 2 of the Local Government (Building and Miscellaneous Provisions) Act 1993 still affecting the specified land or the use of the specified land?
	(b) Has the council a record of any other notice or order being issued under the Building Act 2016 , or the former Building Act 2000 , to the owner or occupier of the specified land and the notice or order has not been satisfied?
	(c) If YES to (a) or (b), provide particulars.