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This is a Bill, not an Act. For current law, see the Acts databases.
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 page 3 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 page 4 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 page 5 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 page 6 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 page 7 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. page 19 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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