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This is a Bill, not an Act. For current law, see the Acts databases.


BUILDING AMENDMENT BILL 2012

                    Western Australia


      Building Amendment Bill 2012

                       CONTENTS


      Part 1 -- Preliminary
1.    Short title                                                 2
2.    Commencement                                                2
3.    Act amended                                                 2
      Part 2 -- General amendments
4.    Section 3 amended                                           3
5.    Section 5 amended                                           3
6.    Section 19 amended                                          3
7.    Section 20 amended                                          3
8.    Section 23 amended                                          4
9.    Section 28 amended                                          4
10.   Section 39 amended                                          4
11.   Section 56 amended                                          5
12.   Section 57 amended                                          5
13.   Section 58 amended                                          6
14.   Section 67 amended                                          6
15.   Section 75 amended                                          7
16.   Part 6 Division 2 heading replaced                          7
      Division 2 -- Work affecting other land that requires
             consent, court order or other authority
17.   Section 76 amended                                          7
18.   Section 77 replaced                                         8
      77.      Other land not to be adversely affected
               without consent, court order or other
               authority                                     8
19.   Section 78 amended                                          9
20.   Section 79 amended                                          9
21.   Section 80 amended                                         10
22.   Section 81 amended                                         12


                         304--1                                   page i
Building Amendment Bill 2012



Contents



      23.    Section 86 amended                                           13
      24.    Section 88 amended                                           13
      25.    Section 120 amended                                          13
      26.    Section 127 amended                                          14
      27.    Section 140 amended                                          15
      28.    Section 145A inserted                                        15
             145A.     Local government functions                    15
      29.    Section 182A inserted                                        16
             182A.     Occupancy permits for certain buildings
                       and validation                                16
      30.    Part 16 Division 2 inserted                                  17
             Division 2 -- Transitional and validation provisions
                    arising from the enactment of the Building
                    Amendment Act 2012
             204.       Term used: amending Act                      17
             205.       Requests for further information (building
                        and demolition permits)                      17
             206.       Requests for further information
                        (occupancy permits and building approval
                        certificates)                                18
             207.       Time for deciding application for building
                        or demolition permit                         18
             208.       Validation of building permits naming, and
                        compliance certificates issued by, public
                        authorities                                  18
             209.       Regulations for transitional matters about
                        applicable building standards                19

             Part 3 -- Amendments about further
                  information
      31.    Section 18 amended                                           21
      32.    Section 55 amended                                           21
             Part 4 -- Amendments about
                  applicable building standards
      33.    Section 3 amended                                            22
      34.    Section 19 amended                                           22
      35.    Section 21 amended                                           22
      36.    Section 37 amended                                           22
      37.    Section 38 amended                                           23
      38.    Section 57 amended                                           23




page ii
                           Western Australia


                      LEGISLATIVE COUNCIL



             Building Amendment Bill 2012


                               A Bill for


An Act to amend the Building Act 2011 and validate certain actions
and for related matters.



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Building Amendment Bill 2012
     Part 1        Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Building Amendment Act 2012.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) sections 1 and 2 -- on the day on which this Act
7                    receives the Royal Assent (Assent day);
8              (b) Parts 3 and 4 -- on a day fixed by proclamation, and
9                    different days may be fixed for different provisions;
10             (c) the rest of the Act -- on the day after Assent day.

11   3.       Act amended
12            This Act amends the Building Act 2011.




     page 2
                                                    Building Amendment Bill 2012
                                               General amendments         Part 2

                                                                                   s. 4



1                      Part 2 -- General amendments
2    4.         Section 3 amended
3               In section 3 in the definition of authorised person delete
4               "person;" and insert:
5

6                     person and includes, for the purposes of
7                     section 93(2)(d) --
8                       (a) a person who is prescribed as an authorised
9                             person for the purposes of section 93(2)(d); and
10                      (b) a person who is authorised by a local
11                            government in the manner prescribed for the
12                            purposes of section 93(2)(d);
13

14   5.         Section 5 amended
15              In section 5(1) in the definition of owner, in relation to Crown
16              land, after paragraph (a) insert:
17

18                     (ba)   the State, in prescribed circumstances; or
19

20   6.         Section 19 amended
21              After section 19(5) insert:
22

23              (6)   The regulations may provide for the things that a
24                    building surveyor is required to do before signing a
25                    certificate.
26

27   7.         Section 20 amended
28        (1)   After section 20(1)(b)(ii) insert:
29

30                            (iiia)   is a public authority as defined in the
31                                     Registration Act section 3; or
32


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     Building Amendment Bill 2012
     Part 2        General amendments

     s. 8



1          (2)    After section 20(1)(e)(i) insert:
2

3                               (iia)   is a public authority as defined in the
4                                       Registration Act section 3; or
5


6    8.           Section 23 amended
7                 In section 23(1)(b) and (2)(b) after "of the" insert:
8

9                 balance of the
10


11   9.           Section 28 amended
12                After section 28(1) insert:
13

14               (2A)   If a building permit is granted on an uncertified
15                      application, a copy of the certificate of design
16                      compliance must also be given to the applicant.
17


18   10.          Section 39 amended
19                Delete section 39(2) and insert:
20

21                (2)   The Building Commissioner may, in writing and on the
22                      application of another person declare that --
23                        (a) a specified building standard does not apply to
24                              a specified building, specified incidental
25                              structure or specified demolition work; or
26                        (b) a building standard that applies to a specified
27                              building, specified incidental structure or
28                              specified demolition work is modified in a
29                              specified way.
30



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                                                     Building Amendment Bill 2012
                                                General amendments         Part 2

                                                                                 s. 11



1    11.         Section 56 amended
2                After section 56(5) insert:
3

4                (6)     The regulations may provide for the things that a
5                        building surveyor is required to do before signing a
6                        certificate of construction compliance.
7


8    12.         Section 57 amended
9          (1)   In section 57(3) delete "section 52(1) or (2) must state that the
10               building or incidental structure" and insert:
11

12               section 48 or 52(1) or (2) must state that the building or
13               incidental structure substantially
14

15         (2)   In section 57(4):
16                 (a) delete "section 52(1) or (2)" and insert:
17

18                        section 48 or 52(1) or (2)
19

20                (b)     in paragraph (a) before "complies" insert:
21

22                        substantially
23

24                 (c)    in paragraph (a) delete "construction; and" and insert:
25

26                        construction; or
27

28                (d)     in paragraph (b) before "complies" insert:
29

30                        substantially
31



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     Building Amendment Bill 2012
     Part 2        General amendments

     s. 13



1          (3)    After section 57(6) insert:
2

3                 (7)   The regulations may provide for the things that a
4                       building surveyor is required to do before signing a
5                       certificate of building compliance.
6


7    13.          Section 58 amended
8                 After section 58(1)(c)(i) insert:
9

10                              (iia)   is a public authority as defined in the
11                                      Registration Act section 3; or
12


13   14.          Section 67 amended
14         (1)    After section 67(1) insert:
15

16               (2A)   The Minister may by order exempt from the operation
17                      of section 16(b) or (c) (but only as to the requirement
18                      for an application to be signed) or (d) either
19                      unconditionally or on specified conditions --
20                        (a) an application for a building permit or a
21                              demolition permit specified in the order; or
22                        (b) an application for a building permit or a
23                              demolition permit of a kind specified in the
24                              order.
25

26         (2)    In section 67(2) delete "subsection (1)" and insert:
27

28                subsection (1) or (2A)
29




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                                                     Building Amendment Bill 2012
                                                General amendments         Part 2

                                                                               s. 15



1          (3)    In section 67(3) delete "subsection (1)" and insert:
2

3                 subsection (1), (2A)
4


5    15.          Section 75 amended
6                 In section 75 insert in alphabetical order:
7

8                       business day means a day other than Saturday, Sunday
9                       or a public holiday;
10


11   16.          Part 6 Division 2 heading replaced
12                Delete the heading to Part 6 Division 2 and insert:
13


14               Division 2 -- Work affecting other land that requires
15                      consent, court order or other authority
16


17   17.          Section 76 amended
18                Delete section 76(1) and insert:
19

20                (1)   A person responsible for work must ensure that no part
21                      of a building or an incidental structure is placed beyond
22                      the boundaries of the works land --
23                        (a) unless each owner of the land into, onto, or
24                              over which the encroaching part is placed
25                              consents to the encroaching part being so
26                              placed and the encroaching part is placed in
27                              accordance with the consent; or
28                        (b) unless the encroaching part is placed in
29                              accordance with an order under
30                              section 86(2)(a); or

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     Building Amendment Bill 2012
     Part 2        General amendments

     s. 18



1                          (c)  unless the encroachment is prescribed as a
2                               minor encroachment; or
3                         (d) unless the encroachment is into, onto, or over
4                               Crown land and the encroachment is authorised
5                               under the Land Administration Act 1997; or
6                         (e) except in prescribed circumstances.
7                        Penalty: a fine of $25 000.
8

9              Note: The heading to amended section 76 is to read:

10                      No encroachment without consent, court order or other authority

11   18.           Section 77 replaced
12                 Delete section 77 and insert:
13


14           77.         Other land not to be adversely affected without
15                       consent, court order or other authority
16                       A person responsible for work must ensure that the
17                       work does not adversely affect land beyond the
18                       boundaries of the works land --
19                         (a) unless each owner of the land that may be
20                              adversely affected consents to the work being
21                              done even though the land may be adversely
22                              affected in that way, and the work is done in
23                              accordance with the consent; or
24                        (b) unless the work is done in accordance with an
25                              order under section 86(2)(b); or
26                         (c) except in prescribed circumstances.
27                       Penalty: a fine of $25 000.
28




     page 8
                                                 Building Amendment Bill 2012
                                            General amendments         Part 2

                                                                              s. 19



1    19.   Section 78 amended
2          Delete section 78(1) and insert:
3

4          (1)    A person responsible for work must ensure that a
5                 temporary or permanent protection structure is not
6                 placed beyond the boundaries of the works land --
7                   (a) unless each owner of the land into or onto
8                        which the protection structure is placed
9                        consents to the protection structure being so
10                       placed and the protection structure is placed in
11                       accordance with the consent; or
12                  (b) unless the protection structure is placed in
13                       accordance with an order under section 86(2)(c)
14                       or a building order; or
15                  (c) unless the protection structure is required as a
16                       matter of urgency to prevent imminent collapse
17                       of, or damage to, any land including a building
18                       or structure on the land; or
19                  (d) except in prescribed circumstances.
20                Penalty: a fine of $25 000.
21

22         Note: The heading to amended section 78 is to read:

23               No protection structure in or on other land without consent, court
24               order or other authority

25   20.   Section 79 amended
26         Delete section 79(1) and insert:
27

28         (1)    A person responsible for work must ensure that the
29                work does not affect the structural, waterproofing, or
30                noise insulation capacity of a party wall, a substantial
31                dividing fence, or a boundary retaining wall that



                                                                            page 9
     Building Amendment Bill 2012
     Part 2        General amendments

     s. 21



1                     protects land beyond the boundaries of the works
2                     land --
3                       (a) unless each owner of the land that shares the
4                             party wall or the dividing fence, or that is
5                             protected by the boundary retaining wall,
6                             consents to the work being done, and the work
7                             is done in accordance with the consent; or
8                       (b) unless the work is done in accordance with an
9                             order under section 86(2)(d); or
10                      (c) unless the work is required as a matter of
11                            urgency to prevent imminent collapse of, or
12                            damage to, the wall or fence; or
13                      (d) except in prescribed circumstances.
14                    Penalty: a fine of $25 000.
15

16             Note: The heading to amended section 79 is to read:

17                   Certain work not to affect party walls etc. without consent, court
18                   order or other authority

19   21.       Section 80 amended
20             Delete section 80(1) and insert:
21

22             (1)    A person responsible for work must ensure that no
23                    fence, gate or other barrier to land on or beyond the
24                    boundaries of the works land is removed --
25                      (a) unless each owner of the land that shares, or on
26                            which is located, the fence, gate or other barrier
27                            consents to the removal; or
28                      (b) unless the removal is in accordance with an
29                            order under section 86(2)(g); or
30                      (c) unless the removal is required as a matter of
31                            urgency to prevent imminent collapse of, or
32                            damage to, any land including a building or
33                            structure on the land; or

     page 10
                                            Building Amendment Bill 2012
                                       General amendments         Part 2

                                                                        s. 21



1              (d)  unless each of the following applies --
2                      (i) the removal is required for the
3                            construction of a close wall;
4                     (ii) a building permit for the close wall is in
5                            effect;
6                    (iii) the person responsible for the work has
7                            given at least 7 business days' notice of
8                            the proposed removal to --
9                                (I) each owner of the land
10                                    mentioned in paragraph (a);
11                                    and
12                              (II) at least one adult occupier of
13                                    the land, if the land is not
14                                    occupied by any of its owners;
15                  or
16            (e) unless the land that shares, or on which is
17                  located, the fence, gate or other barrier is
18                  vacant land, or any building on that land is
19                  vacant; or
20             (f) except in prescribed circumstances.
21           Penalty: a fine of $10 000.
22   (2A)    In subsection (1)(d) --
23           close wall means a wall, fence, post or column,
24           whether free-standing or attached to, or forming part
25           of, a building or structure, that is so close to a boundary
26           of the land on which the wall or fence is located that it
27           is not reasonably practicable to build a separate
28           dividing fence along the boundary.
29

30    Note: The heading to amended section 80 is to read:

31          Fences etc. not to be removed without consent, court order or
32          other authority




                                                                    page 11
     Building Amendment Bill 2012
     Part 2        General amendments

     s. 22



1    22.         Section 81 amended
2          (1)   Delete section 81(2) and insert:
3

4                (2)    A person responsible for work must ensure that in
5                       doing the work or conducting a survey in relation to
6                       that work a person does not go onto other land --
7                         (a) unless the access is consented to by an owner or
8                               adult occupier of the land and the access is in
9                               accordance with the consent; or
10                        (b) unless the access is in accordance with an order
11                              under section 86(2)(e) or (f); or
12                        (c) unless as a matter of urgency it is necessary to
13                              go onto the land to prevent imminent collapse
14                              of, or damage to, any land including a building
15                              or structure on the land; or
16                        (d) unless the other land is vacant land, or any
17                              building on that land is vacant; or
18                        (e) except in prescribed circumstances.
19                      Penalty: a fine of $10 000.
20

21         (2)   After section 81(7) insert:
22

23               (8)    Nothing in subsection (2)(d), or a regulation
24                      prescribing a matter for the purposes of
25                      subsection (2)(e), affects the exercise and enforcement
26                      of any right that a person has to stop, restrict or prevent
27                      a person going on to the other land.
28

29               Note: The heading to amended section 81 is to read:

30                     No access to other land without consent or court order, and
31                     notification, or other authority




     page 12
                                               Building Amendment Bill 2012
                                          General amendments         Part 2

                                                                            s. 23



1    23.    Section 86 amended
2           Delete section 86(1) and insert:
3

4           (1)   A person responsible for work who gives a notice to
5                 each owner of the affected land may, in accordance
6                 with subsection (2A), apply to the Magistrates Court
7                 for an order under subsection (2).
8          (2A)   An application may be made --
9                  (a) if the consent sought in the notice is refused,
10                       any time after the refusal is given; or
11                 (b) if the consent sought in the notice is neither
12                       refused nor given and no request for further
13                       information is made within the 28 day period
14                       after the notice is given, after that period has
15                       expired; or
16                 (c) if the person responsible provides further
17                       information in response to the request of a
18                       person given the notice, 14 days after the
19                       further information is given.
20

21   24.    Section 88 amended
22          In section 88(1) in the definition of close wall delete "wall or
23          fence --" and insert:
24

25          wall, fence, post or column --
26


27   25.    Section 120 amended
28          Delete section 120(b) and insert:
29

30                  (b)   to not declare that a building standard is
31                        modified; or
32


                                                                       page 13
     Building Amendment Bill 2012
     Part 2        General amendments

     s. 26



1    26.          Section 127 amended
2          (1)    Delete section 127(3), (4) and (5) and insert:
3

4                 (3)   A delegation of a local government's powers or duties
5                       may be only to a local government employee.
6                 (4)   The delegation must be in writing executed by or on
7                       behalf of the delegator.
8                 (5)   Except as provided for in subsection (6A), a person to
9                       whom a power or duty is delegated under this section
10                      cannot delegate that power or duty.
11               (6A)   The CEO of a local government may delegate to any
12                      other local government employee a power or duty of
13                      the local government that has been delegated to the
14                      CEO under this section but in the case of such a power
15                      or duty --
16                        (a) the CEO's power under this subsection to
17                              delegate the exercise of that power or the
18                              discharge of that duty; and
19                        (b) the exercise of that power or the discharge of
20                              that duty by the CEO's delegate,
21                      are subject to any conditions, qualifications, limitations
22                      or exceptions imposed by the local government on its
23                      delegation to the CEO.
24

25         (2)    Delete section 127(7) and insert:
26

27                (7)   Nothing in this section limits the ability of the
28                      delegator to perform a function through an officer or
29                      agent.
30                (8)   In subsections (3) and (6A) --
31                      CEO means chief executive officer;

     page 14
                                                   Building Amendment Bill 2012
                                              General amendments         Part 2

                                                                                    s. 27



1                   local government employee, in relation to a local
2                   government, means a person employed by the local
3                   government under the Local Government Act 1995
4                   section 5.36.
5


6    27.     Section 140 amended
7            After section 140(4) insert:
8

9            (5)    In the absence of evidence to the contrary, proof is not
10                  required in any proceedings under this Act that what
11                  purports to be an approved form is the approved form
12                  that it purports to be.
13

14           Note: The heading to amended section 140 is to read:

15                 Proof of permits, certificates, building orders, declarations,
16                 obtained records, approved forms

17   28.     Section 145A inserted
18           After section 144 insert:
19

20         145A.    Local government functions
21           (1)    A local government that is a permit authority, when
22                  referring an uncertified application under section 17(1),
23                  is not limited to referring the uncertified application to
24                  a building surveyor who is employed by the local
25                  government.
26           (2)    A local government may issue a certificate that
27                  complies with section 19, 56 or 57 and that is signed by
28                  a building surveyor who is employed by the local
29                  government, whether or not --
30                    (a) the building or incidental structure that is the
31                          subject of the application is, or is proposed to
32                          be, located in the local government's district; or

                                                                               page 15
     Building Amendment Bill 2012
     Part 2        General amendments

     s. 29



1                     (b)    the applicant is an owner or occupier of land in
2                            the local government's district.
3              (3)   Nothing in this section affects the operation of --
4                     (a) section 20(1)(d) or 58(1)(b); or
5                     (b) the Local Government Act 1995 section 3.18,
6                           3.19 or 3.68 or any other relevant provision of
7                           that Act.
8


9    29.       Section 182A inserted
10             After section 181 insert:
11

12           182A.   Occupancy permits for certain buildings and
13                   validation
14             (1)   In this section --
15                   OP application (transitional) means an application
16                   mentioned in section 46 for an occupancy permit for a
17                   completed building in respect of which --
18                     (a) a building permit applies because of the
19                            operation of section 178(2) or (4); and
20                     (b) a certificate of classification of a kind
21                            mentioned in section 181(2) or (3) has not been
22                            issued.
23             (2)   Sections 54(2) and (4)(a) and (d) and 56(2) do not
24                   apply to an OP application (transitional).
25             (3)   On an OP application (transitional) --
26                    (a) section 58(1)(b) is to be read as follows:
27

28                          (b)   the building in its current state is suitable
29                                to be used in the way proposed in the
30                                application; and
31


     page 16
                                                  Building Amendment Bill 2012
                                             General amendments         Part 2

                                                                          s. 30



1                          and
2                    (b)   section 58(1)(c) does not apply.
3            (4)   An occupancy permit for a completed building that was
4                  granted or purported to be granted before the
5                  commencement of the Building Amendment Act 2012
6                  section 29 is, and is taken always to have been, as valid
7                  and effective as it would have been if this section were
8                  in effect at the time the occupancy permit was granted
9                  or purported to be granted.
10


11   30.     Part 16 Division 2 inserted
12           At the end of Part 16 insert:
13


14          Division 2 -- Transitional and validation provisions
15         arising from the enactment of the Building Amendment
16                                Act 2012
17         204.    Term used: amending Act
18                 In this Division --
19                 amending Act means the Building Amendment
20                 Act 2012.

21         205.    Requests for further information (building and
22                 demolition permits)
23           (1)   In this section --
24                 commencement day means the day on which
25                 section 31 of the amending Act comes into operation.
26           (2)   A requirement under section 18(1) in respect of an
27                 application made before commencement day must be
28                 dealt with on and after commencement day as if
29                 section 18(3) had not been inserted by section 31 of the
30                 amending Act.

                                                                       page 17
     Building Amendment Bill 2012
     Part 2        General amendments

     s. 30



1            206.    Requests for further information (occupancy
2                    permits and building approval certificates)
3              (1)   In this section --
4                    commencement day means the day on which
5                    section 32 of the amending Act comes into operation.
6              (2)   A requirement under section 55(1) in respect of an
7                    application made before commencement day must be
8                    dealt with on and after commencement day as if
9                    section 55(3) had not been inserted by section 32 of the
10                   amending Act.

11           207.    Time for deciding application for building or
12                   demolition permit
13             (1)   In this section --
14                   commencement day means the day on which section 8
15                   of the amending Act comes into operation.
16             (2)   On and after commencement day, section 23(1) applies
17                   in respect of an uncertified application made before
18                   commencement day as if section 23(1)(b) had not been
19                   amended by section 8 of the amending Act.
20             (3)   On and after commencement day, section 23(2) applies
21                   in respect of a certified application made before
22                   commencement day as if section 23(2)(b) had not been
23                   amended by section 8 of the amending Act.

24           208.    Validation of building permits naming, and
25                   compliance certificates issued by, public authorities
26             (1)   In this section --
27                   public authority means a public authority as defined in
28                   the Registration Act.
29             (2)   An application for a building permit that, before the
30                   commencement of section 7(1) of the amending Act,
31                   named and was signed by a public authority as the

     page 18
                                         Building Amendment Bill 2012
                                    General amendments         Part 2

                                                                        s. 30



1            person proposing to be named as the builder on the
2            building permit is, and is taken always to have been, as
3            valid and effective as it would have been if
4            section 20(1)(b)(iiia) were in effect at the time of the
5            naming and signing.
6      (3)   A building permit that, before the commencement of
7            section 7(1) of the amending Act, named a public
8            authority as the builder is, and is taken always to have
9            been, as valid and effective as it would have been if
10           section 20(1)(b)(iiia) were in effect at the time of the
11           naming.
12     (4)   A certificate issued or purported to be issued under
13           section 19 by a public authority before the
14           commencement of sections 7(2) and 28 of the
15           amending Act is, and is taken always to have been, as
16           valid and effective as it would have been if
17           sections 20(1)(e)(iia) and 145A were in effect at the
18           time of the issue or purported issue.
19     (5)   A certificate issued or purported to be issued under
20           section 56 or 57 by a public authority before the
21           commencement of sections 13 and 28 of the amending
22           Act is, and is taken always to have been, as valid and
23           effective as it would have been if sections 58(1)(c)(iia)
24           and 145A were in effect at the time of the issue or
25           purported issue.

26   209.    Regulations for transitional matters about
27           applicable building standards
28     (1)   In this section --
29           commencement day, in relation to a provision in Part 4
30           of the amending Act, means the day on which that
31           provision comes into operation;
32           provisions of this Act includes regulations made under
33           this Act.


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    Building Amendment Bill 2012
    Part 2        General amendments

    s. 30



1             (2)   The regulations may contain provisions that are
2                   necessary or convenient for dealing with matters
3                   concerning the transition from the provisions of this
4                   Act applying before the commencement day of a
5                   provision in Part 4 of the amending Act to the
6                   provisions of this Act applying on and after that
7                   commencement day.
8




    page 20
                                                Building Amendment Bill 2012
                           Amendments about further information       Part 3

                                                                            s. 31



1          Part 3 -- Amendments about further information
2    31.      Section 18 amended
3             After section 18(2) insert:
4

5             (3)   A requirement under subsection (1) must be given in
6                   the prescribed manner.
7             (4)   The regulations may provide for how many separate
8                   requirements under subsection (1) may be made in
9                   relation to an application.
10            (5)   A requirement under subsection (1) may be in respect
11                  of a document or information required by the building
12                  surveyor to whom the permit authority has referred an
13                  uncertified application.
14


15   32.      Section 55 amended
16            After section 55(2) insert:
17

18            (3)   A requirement under subsection (1) must be given in
19                  the prescribed manner.
20            (4)   The regulations may provide for how many separate
21                  requirements under subsection (1) may be made in
22                  relation to an application.
23




                                                                      page 21
     Building Amendment Bill 2012
     Part 4        Amendments about applicable building standards

     s. 33



1                 Part 4 -- Amendments about applicable
2                           building standards
3    33.         Section 3 amended
4                In section 3 insert in alphabetical order:
5

6                      applicable building standard, in a provision, means a
7                      building standard that is prescribed as an applicable
8                      building standard for the purposes of the provision in
9                      respect of a kind of building, incidental structure,
10                     building or demolition work or application to which the
11                     provision relates;
12


13   34.         Section 19 amended
14               In section 19(3) delete "building standard that applies to the
15               building or incidental structure." and insert:
16

17               applicable standard.
18


19   35.         Section 21 amended
20               Delete section 21(1)(c) and insert:
21

22                       (c)   that the demolition work will comply with each
23                             applicable building standard; and
24


25   36.         Section 37 amended
26         (1)   In section 37(1) delete "ensure that the building or incidental
27               structure to which the permit applies complies, when completed,



     page 22
                                                      Building Amendment Bill 2012
                       Amendments about applicable building standards       Part 4

                                                                                 s. 37



1                with each building standard that applies to the building or
2                incidental structure." and insert:
3

4                ensure, on completion of the building or incidental structure to
5                which the permit applies, that the building or incidental
6                structure complies with each applicable building standard.
7

8          (2)   In section 37(2) delete "ensure that the building or incidental
9                structure complies, when completed, with each building
10               standard that applies to the building or incidental structure." and
11               insert:
12

13               ensure, on completion of the building or incidental structure,
14               that the building or incidental structure complies with each
15               applicable building standard.
16


17   37.         Section 38 amended
18               In section 38(1) and (2) delete "building standard that applies to
19               the demolition work." and insert:
20

21               applicable building standard.
22


23   38.         Section 57 amended
24         (1)   Delete section 57(3) and insert:
25

26               (3)     A certificate of building compliance that accompanies
27                       an application other than an application mentioned in
28                       section 48 or 52(1) or (2) must state that the building or
29                       incidental structure substantially complies with each
30                       applicable building standard.
31




                                                                              page 23
    Building Amendment Bill 2012
    Part 4        Amendments about applicable building standards

    s. 38



1      (2)    Delete section 57(4)(b) and insert:
2

3                    (b)   the building or incidental structure substantially
4                          complies with each applicable building
5                          standard or other prescribed requirement in
6                          relation to the technical aspects of the
7                          construction of the building or structure.
8




 


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