Victorian Numbered Regulations Victorian Numbered RegulationsAfter regulation 809 of the Building Regulations 2006 insert —
(1) The Minister may determine that areas which are subject, or which are likely to be subject, to bushfires are designated bushfire prone areas.
(2) A determination under subregulation (1) must be published in the Government Gazette and takes effect on the day of publication or any later day specified in the determination.
(3) The Minister must prepare a map that describes all areas that are designated from time to time as bushfire prone areas by any determination under subregulation (1).
Note
The map prepared for the purpose of this subregulation, including the map as amended from time to time, will be published on the Land Channel website www.land.vic.gov.au.
(4) If the Minister alters a designated bushfire prone area or creates a new designated bushfire prone area in a determination under subregulation (1), the Minister must, as soon as practicable after making the determination, amend the map prepared under subregulation (3) to describe the altered designated bushfire prone area or the new designated bushfire prone area (as the case requires).
(5) The Minister must make a copy of any map prepared under this regulation available for inspection by members of the public without charge during normal office hours at the Commission.
(6) The Minister must, as soon as practicable after preparing any map under this regulation, give a copy of the map to each council in respect of which a designated bushfire prone area described by the map is wholly or partially within the council's municipal district.
(7) A council must make a copy of the most recent map given to it under subregulation (6) available for inspection by members of the public without charge during business hours at the office of that council.
(1) Despite anything to the contrary in the BCA, if a building is to be constructed in a designated bushfire prone area and the bushfire attack level for the site is specified in a planning scheme applying to that site, the relevant building surveyor must accept that bushfire attack level for the purpose of determining the construction requirements that are applicable to the building.
(2) Despite anything to the contrary in the BCA, if a building is to be constructed in a designated bushfire prone area and face="Symbol">¾
(a) a planning permit is required for the construction of the building; and
(b) a site assessment for the purpose of determining the bushfire attack level for the site has been considered as part of the application for the planning permit ¾
the relevant building surveyor must accept that site assessment for the purpose of determining the bushfire attack level of the site and the construction requirements that are applicable to the building.
(3) Despite anything to the contrary in the BCA, if a building is to be constructed in a designated bushfire prone area and the bushfire attack level for the site is determined as LOW by the relevant building surveyor, the building must be constructed to the standard applicable to a bushfire attack level of 12.5 set out in Section 5 of AS 3959 Construction of buildings in bushfire-prone areas, as published from time to time.
(4) In this regulation—
"bushfire attack level" has the same meaning as in AS 3959 Construction of buildings in bushfire-prone areas, as published from time to time;
"planning scheme" means a planning scheme made under the Planning and Environment Act 1987 as that planning scheme is in force from time to time.".
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