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TASMANIA
__________
BUILDING LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - BUILDING ACT 2016 AMENDED
3. Principal Act
4. Section 4 amended (Interpretation)
5. Section 11 amended (All work must comply with Act and
National Construction Code)
6. Section 20 amended (Director of Building Control may make
determinations)
7. Section 44 amended (Minimum standards of design work)
8. Section 53 amended (Existing buildings to be upgraded if
altered)
9. Section 79 amended (Adjoining owner may respond to
protection work notice)
10. Section 98 amended (Certificate of likely compliance (notifiable
building work))
11. Section 98A inserted
98A. Certificate of likely compliance (notifiable building
work) for certain special-use buildings
12. Section 99 amended (Performing notifiable building work)
[Bill 27]-VI
13. Section 104 amended (Certificate of completion (notifiable
building work))
14. Section 110 amended (Performing notifiable plumbing work)
15. Section 115 amended (Certificate of completion (notifiable
plumbing work))
16. Section 122 amended (Performing notifiable demolition work)
17. Section 127 amended (Certificate of completion (notifiable
demolition work))
18. Section 132 amended (Determining application for certificate of
likely compliance (permit building work))
19. Section 132A inserted
132A. Certificate of likely compliance (permit building
work) for certain special-use buildings
20. Section 134 amended (Granting application for certificate of
likely compliance (permit building work))
21. Section 140 amended (Additional application requirements for
performance solutions)
22. Section 141 amended (Determining application for building
permit)
23. Section 146 amended (Duration of building permit)
24. Section 147 amended (Extension of duration of building permit)
25. Section 152 amended (Certificate of final inspection (building))
26. Section 153 amended (Certificate of completion (permit building
work))
27. Section 165 amended (Application for plumbing permit)
28. Section 172 amended (Duration of plumbing permit)
29. Section 173 amended (Extension of duration of plumbing
permit)
30. Section 178 amended (Certificate of completion (permit
plumbing work))
31. Section 196 amended (Duration of demolition permit)
32. Section 197 amended (Extension of duration of demolition
permit)
33. Section 202 amended (Certificate of final inspection
(demolition))
2
34. Section 203 amended (Certificate of completion (permit
demolition work))
35. Section 204 amended (Interpretation)
36. Section 206 amended (Schedule of maintenance)
37. Section 237 amended (Building notice)
38. Section 238 amended (Plumbing notice)
39. Section 251 amended (Court orders)
40. Section 255 amended (Application for certificate of substantial
compliance)
41. Section 258 amended (Application for permit of substantial
compliance)
42. Section 262 amended (Duration of permit of substantial
compliance)
43. Section 263A inserted
263A. Extension of duration of permit of substantial
compliance
44. Section 280A inserted
280A. Appeals relating to reporting authority
45. Section 288 amended (Non-application of Building Regulations)
46. Section 290 amended (Non-application of Plumbing
Regulations)
47. Section 327 amended (Accrual of cause of action)
48. Section 330A inserted
330A. Further amendment of regulations not prevented
49. Schedule 2 amended (Transitional and Savings Provisions)
PART 3 - BUILDING REGULATIONS 2016 AMENDED
50. Principal Regulations
51. Regulation 4 amended (Temporary structures)
52. Regulation 8 amended (Director of Building Control may make
determinations)
PART 4 - OCCUPATIONAL LICENSING (BUILDING SERVICES
WORK) REGULATIONS 2016 AMENDED
53. Principal Regulations
54. Regulation 9 amended (Prescribed criteria)
3
55. Schedule 1 amended (Building services work)
PART 5 - OCCUPATIONAL LICENSING (BUILDING SERVICES
WORK) REGULATIONS 2016 FURTHER AMENDED
56. Principal Regulations
57. Schedule 2 amended (Fees)
PART 6 - OCCUPATIONAL LICENSING ACT 2005 AMENDED
58. Principal Act
59. Section 37C amended (Certain organisations may apply for
building services licence)
60. Section 38 amended (Offences)
61. Schedule 2 amended (Occupations, Trades and Callings to
Which this Act Applies)
PART 7 - OCCUPATIONAL LICENSING ACT 2005 FURTHER
AMENDED
62. Principal Act
63. Section 22A amended (Obligation to hold building services
licence)
64. Section 29A amended (Building work for which an owner
builder permit may be issued)
65. Section 34 amended (Determination of application)
66. Section 37 amended (Determination of application)
67. Section 37B amended (Determination of application)
68. Section 49 amended (Registers)
69. Section 62 amended (Infringement notices)
70. Part 6, Division 5 repealed
PART 8 - RESIDENTIAL BUILDING WORK CONTRACTS AND
DISPUTE RESOLUTION REGULATIONS 2016
AMENDED
71. Principal Regulations
72. Regulation 7 amended (Adjudication application fee)
73. Schedule 1 amended (Infringement Notice Offences)
4
PART 9 - URBAN DRAINAGE (GENERAL) REGULATIONS 2016
AMENDED
74. Principal Regulations
75. Regulation 3 amended (Interpretation)
PART 10 - MISCELLANEOUS
76. Expiry of Act
5
6
BUILDING LEGISLATION (MISCELLANEOUS
AMENDMENTS) BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
30 August 2018
(Brought in by the Minister for Building and Construction, the
Honourable Guy Barnett)
A BILL FOR
An Act to amend the Building Act 2016, the Occupational
Licensing Act 2005, the Building Regulations 2016, the
Occupational Licensing (Building Services Work)
Regulations 2016, the Residential Building Work Contracts
and Dispute Resolution Regulations 2016, and the Urban
Drainage (General) Regulations 2016
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Building
Legislation (Miscellaneous Amendments) Act
2018.
[Bill 27] 7
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 2 Part 1 - Preliminary
2. Commencement
(1) Except as provided for in this section, the
provisions of this Act are taken to have
commenced on 1 January 2017.
(2) Parts 5, 7 and 8 commence on the day on which
this Act receives the Royal Assent.
8
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 3
PART 2 - BUILDING ACT 2016 AMENDED
3. Principal Act
In this Part, the Building Act 2016* is referred to
as the Principal Act.
4. Section 4 amended (Interpretation)
Section 4(1) of the Principal Act is amended by
inserting after paragraph (f) in the definition of
owner the following paragraph:
(fa) in the case of premises where defective
work is found, an occupier of the
premises who has contractually
authorised the performance of the
building work in those premises -
(i) that was the defective work; or
(ii) that resulted in the discovery of
the defective work;
5. Section 11 amended (All work must comply with
Act and National Construction Code)
Section 11(5) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "State."
and substituting "State; or";
_______________________________________________________________
*No. 25 of 2016
9
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 6 Part 2 - Building Act 2016 Amended
(b) by inserting the following paragraph after
paragraph (b):
(c) if the provision of the National
Construction Code applies a
standard, or requirement, by
reference to a document that is
subsequently amended - the
building surveyor, or relevant
permit authority, for the work
certifies that substantial progress
had been made in the design of
the work before the document so
applied was amended.
6. Section 20 amended (Director of Building Control
may make determinations)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"when and where" and substituting
"when, where and how";
(b) by inserting the following subsection
after subsection (4):
(5) Despite subsection (4), a
determination of the Director of
Building Control made under
subsection (1), or a standard or
requirement applied under such a
determination by reference to a
document, does not apply to work
if the building surveyor, or
10
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 7
relevant permit authority, for the
work certifies in writing that
substantial progress had been
made in the design of the work -
(a) before the determination
was made; or
(b) if the determination
applies a standard or
requirement by reference
to a document that is
subsequently amended,
before the document so
applied was amended.
7. Section 44 amended (Minimum standards of design
work)
Section 44 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) If design work under this Act requires a
performance solution, a person
undertaking the design work is to
provide, as part of the design work, a
method of assessment to ensure that the
performance solution is likely to comply
with the National Construction Code if it
is properly completed in accordance with
the design work.
11
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 8 Part 2 - Building Act 2016 Amended
8. Section 53 amended (Existing buildings to be
upgraded if altered)
Section 53 of the Principal Act is amended by
inserting after subsection (1) the following
subsections:
(1A) This section does not apply to building
work performed on a building if -
(a) the building work is being
performed to repair damage to the
building -
(i) caused by fire, wind,
flood or storm or the
subsidence of land, other
than a subsidence caused
by a failure of the owner
or occupier of the
building to maintain the
land; or
(ii) that has not been caused
by an act, or a failure to
act, of the owner or an
occupier of the building;
and
(b) the building work is necessary in
order for the building to be made
suitable for habitation or safe
occupation, or for use for the
purposes for which it was being
used before the damage referred
to in paragraph (a) was caused to
the building; and
12
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 9
(c) the building work consists of
work to restore the building to the
condition it was in before the
damage referred to in
paragraph (a) was caused to the
building; and
(d) the materials, components,
installations, and equipment, that
are used in the building work are
substantially similar to those
used, in the part of the building to
which the works relate, before the
damage referred to in
paragraph (a) was caused to the
building.
(1B) This section does not apply to a building,
or a class of buildings, that a
determination of the Director of Building
Control states are exempt from the
requirements of this section.
9. Section 79 amended (Adjoining owner may respond
to protection work notice)
Section 79 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
(2) If an adjoining owner requests further
information under subsection (1)(c), the
owner of the relevant premises must -
(a) forward the request to -
13
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 10 Part 2 - Building Act 2016 Amended
(i) if the protection work
relates only to plumbing
work, the relevant permit
authority; or
(ii) in any other case, the
relevant building
surveyor; and
(b) if the person receiving the request
under paragraph (a) determines
that the request is reasonable,
provide the adjoining owner with
the further information requested
within the specified period; and
(c) if the person receiving the request
under paragraph (a) determines
that the request is not reasonable,
notify the adjoining owner of that
determination within the
specified period.
10. Section 98 amended (Certificate of likely
compliance (notifiable building work))
Section 98 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (c) in subsection (1):
(ca) if the premises where the work is
performed includes a special-use
building that is regulated under
this Act by a function control
14
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 10
authority in its capacity as a
function control authority, any
recommendation of the function
control authority made in respect
of the premises under
section 98A;
(b) by inserting the following subsection
after subsection (3):
(3A) Subsection (3)(c) does not apply
in relation to work if -
(a) the premises where the
work is performed
includes a special-use
building that is regulated
under this Act by a
function control authority
in its capacity as a
function control authority;
and
(b) the work is to be
performed in accordance
with the recommendations
of the function control
authority made in respect
of the premises under
section 98A; and
(c) the building surveyor is
satisfied that any non-
compliance with the Act
is not detrimental to the
safety and health of any
15
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 11 Part 2 - Building Act 2016 Amended
occupant, or any future
occupant, of the building.
11. Section 98A inserted
After section 98 of the Principal Act, the
following section is inserted in Division 2:
98A. Certificate of likely compliance (notifiable
building work) for certain special-use
buildings
(1) On receipt of a notice of work under
section 97 that relates to the performance
of proposed notifiable building work on a
special-use building that is regulated
under this Act by a function control
authority in its capacity as a function
control authority, a building surveyor is
to provide, within the specified period,
the relevant function control authority
with -
(a) a copy of the notice of work for
the proposed notifiable building
work; and
(b) any other specified documents
relating to the proposed notifiable
building work.
(2) Within the specified period after
receiving the information referred to in
subsection (1) in respect of proposed
notifiable building work, the function
control authority may make
16
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 12
recommendations to the relevant building
surveyor for alterations to be made to the
proposed work, or the premises where
the work is to be performed, to ensure
that the work or premises comply with
this Act or any other Act.
12. Section 99 amended (Performing notifiable building
work)
Section 99 of the Principal Act is amended as
follows:
(a) by inserting in subsection (4) "at least 5
business days before the expiry of that
period" after "relevant building
surveyor";
(b) by inserting the following subsection
after subsection (4):
(4A) If the Director of Building
Control has determined that
special circumstances exist, a
building surveyor may give
written approval under
subsection (4) whether or not that
approval is given at least 5
business days before the expiry of
the period specified in that
subsection.
17
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 13 Part 2 - Building Act 2016 Amended
13. Section 104 amended (Certificate of completion
(notifiable building work))
Section 104 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(3A) Despite subsection (2)(b), a building
surveyor may issue a certificate of
completion (notifiable building work)
under subsection (3) in respect of
notifiable building work that has not had
a standard of work certificate (notifiable
building work) issued in respect of it, if -
(a) evidence is provided to the
satisfaction of the building
surveyor that -
(i) the responsible person for
the notifiable building
work has died before, or
is not locatable or
otherwise incapable of,
issuing the standard of
work certificate
(notifiable building work)
for the work; or
(ii) the applicant has made a
written request, to the
responsible person for the
notifiable building work,
for a standard of work
certificate (notifiable
building work) and the
18
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 13
responsible person has
failed to provide the
certificate within 21 days
after the request was
made; and
(b) the notifiable building work -
(i) is complete; and
(ii) has been inspected as
required under
section 100 and the
person performing the
inspection is satisfied that
the work complies with
this Act and the National
Construction Code.
(3B) Despite subsection (3)(c), a building
surveyor may issue a certificate of
completion (notifiable building work)
under subsection (3) in respect of
notifiable building work, that included
notifiable plumbing work that has not
had a standard of work certificate
(notifiable plumbing work) issued in
respect of it, if a certificate of completion
(notifiable plumbing work) has been
issued in respect of the notifiable
plumbing work.
19
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 14 Part 2 - Building Act 2016 Amended
14. Section 110 amended (Performing notifiable
plumbing work)
Section 110 of the Principal Act is amended as
follows:
(a) by inserting in subsection (4) "at least 5
business days before the expiry of that
period" after "relevant permit authority";
(b) by inserting the following subsection
after subsection (4):
(4A) If the Director of Building
Control has determined that
special circumstances exist, a
permit authority may give written
approval under subsection (4)
whether or not that approval is
given at least 5 business days
before the expiry of the period
specified in that subsection.
15. Section 115 amended (Certificate of completion
(notifiable plumbing work))
Section 115 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) Despite subsection (2)(b), the relevant
permit authority may issue a certificate
of completion (notifiable plumbing
work) under subsection (3) in respect of
notifiable plumbing work that has not
had a standard of work certificate
20
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 15
(notifiable plumbing work) issued in
respect of it, if -
(a) evidence is provided to the
satisfaction of the relevant permit
authority that -
(i) the responsible person for
the notifiable plumbing
work has died before, or
is not locatable or
otherwise incapable of,
issuing the standard of
work certificate
(notifiable plumbing
work) for the work; or
(ii) the applicant has made a
written request, to the
responsible person for the
notifiable plumbing work,
for a standard of work
certificate (notifiable
plumbing work) and the
responsible person has
failed to provide the
certificate within 21 days
after the request was
made; and
(b) the notifiable plumbing work -
(i) is complete; and
(ii) has been inspected as
required under
section 111 and the
21
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 16 Part 2 - Building Act 2016 Amended
person performing the
inspection is satisfied that
the work complies with
this Act and the National
Construction Code.
(5) If the relevant permit authority issues a
certificate of completion (notifiable
plumbing work) under subsection (3) in
respect of notifiable plumbing work that
forms part of notifiable building work,
the relevant permit authority is to give
the relevant building surveyor for that
notifiable building work a copy of the
certificate of completion (notifiable
plumbing work) so issued.
16. Section 122 amended (Performing notifiable
demolition work)
Section 122 of the Principal Act is amended as
follows:
(a) by inserting in subsection (4) "at least 5
business days before the expiry of that
period" after "relevant building
surveyor";
(b) by inserting the following subsection
after subsection (4):
(4A) If the Director of Building
Control has determined that
special circumstances exist, a
building surveyor may give
written approval under
22
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 17
subsection (4) whether or not that
approval is given at least 5
business days before the expiry of
the period specified in that
subsection.
17. Section 127 amended (Certificate of completion
(notifiable demolition work))
Section 127 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) Despite subsection (2)(b), a building
surveyor may issue a certificate of
completion (notifiable demolition work)
under subsection (3) in respect of
notifiable demolition work that has not
had a standard of work certificate
(notifiable demolition work) issued in
respect of it, if -
(a) evidence is provided to the
satisfaction of the building
surveyor that -
(i) the responsible person for
the notifiable demolition
work has died before, or
is not locatable or
otherwise incapable of,
issuing the standard of
work certificate
(notifiable demolition
work) for the work; or
23
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 18 Part 2 - Building Act 2016 Amended
(ii) the applicant has made a
written request, to the
responsible person for the
notifiable demolition
work, for a standard of
work certificate
(notifiable demolition
work) and the responsible
person has failed to
provide the certificate
within 21 days after the
request was made; and
(b) the notifiable demolition work -
(i) is complete; and
(ii) has been inspected as
required under
section 123 and the
person performing the
inspection is satisfied that
the work complies with
this Act.
18. Section 132 amended (Determining application for
certificate of likely compliance (permit building
work))
Section 132 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b) in subsection (1):
24
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 18
(ba) if the premises where the work is
performed includes a special-use
building that is regulated under
this Act by a function control
authority in its capacity as a
function control authority, any
recommendation of the function
control authority made in respect
of the premises under
section 132A;
(b) by inserting the following subsections
after subsection (1):
(1A) If the application for a certificate
of likely compliance (permit
building work) relates to building
work that includes a proposed
performance solution, the
building surveyor is to also
require the applicant to provide
one or more of the following:
(a) assessments of the
proposed performance
solution as set out in the
requirement;
(b) information in relation to
the qualification of
persons who have
provided the applicant
with the information
referred to in
paragraph (a);
25
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 19 Part 2 - Building Act 2016 Amended
(c) information in relation to
the design or suitability of
the proposed performance
solution.
(1B) If an applicant fails to comply
with a requirement of
subsection (1A) within the period
specified in the requirement, the
application for a certificate of
likely compliance (permit
building work) is taken to lapse
on the expiry of that period.
19. Section 132A inserted
After section 132 of the Principal Act, the
following section is inserted in Subdivision 1:
132A. Certificate of likely compliance (permit
building work) for certain special-use
buildings
(1) On receipt of an application for a
certificate of likely compliance (permit
building work) that relates to the
performance of proposed permit building
work on a special-use building that is
regulated under this Act by a function
control authority in its capacity as a
function control authority, a building
surveyor is to provide, within the
specified period, the relevant function
control authority with -
26
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 20
(a) a copy of the application for the
certificate of likely compliance
(permit building work); and
(b) any other specified documents
relating to the proposed permit
building work.
(2) Within the specified period after
receiving the information referred to in
subsection (1) in respect of proposed
permit building work, the function
control authority may make
recommendations to the relevant building
surveyor for alterations to be made to the
proposed work, or the premises where
the work is to be performed, to ensure
that the work or premises comply with
this Act or any other Act.
20. Section 134 amended (Granting application for
certificate of likely compliance (permit building
work))
Section 134 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Subsection (1)(b) does not apply in
relation to work if -
(a) the premises where the work is
performed includes a special-use
building that is regulated under
this Act by a function control
27
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 21 Part 2 - Building Act 2016 Amended
authority in its capacity as a
function control authority; and
(b) the work is to be performed in
accordance with the
recommendations of the function
control authority made under
section 132A; and
(c) the building surveyor is satisfied
that any non-compliance with the
Act is not detrimental to the
safety and health of any occupant,
or any future occupant, of the
building.
21. Section 140 amended (Additional application
requirements for performance solutions)
Section 140(b) of the Principal Act is amended
by inserting ", which evidence is to include the
assessment, of the performance solution, made
by the building surveyor who granted the
application for the relevant certificate of likely
compliance (permit building work) in relation to
the proposed work" after "Code".
22. Section 141 amended (Determining application for
building permit)
Section 141 of the Principal Act is amended by
omitting subsections (2) and (3).
28
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 23
23. Section 146 amended (Duration of building permit)
Section 146 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite subsection (1), if an application
to extend the period for which a building
permit is in effect is made under section
147 and has not been determined under
section 147(4) before the permit is to
expire, the permit is to remain in effect
until the application is so determined.
24. Section 147 amended (Extension of duration of
building permit)
Section 147 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) An application for an extension
of the period for which a building
permit is in effect must be made
at least 5 business days before the
building permit expires, unless
the Director of Building Control
has determined that special
circumstances exist.
(b) by omitting from subsection (2)(c)
"authority; and" and substituting
"authority.";
29
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 25 Part 2 - Building Act 2016 Amended
(c) by omitting paragraph (d) from
subsection (2).
25. Section 152 amended (Certificate of final inspection
(building))
Section 152 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite subsection (1)(a)(ii), a building
surveyor may issue a certificate of final
inspection (building), in respect of permit
building work that has not had a standard
of work certificate (permit building
work) issued in respect of it, if -
(a) evidence is provided to the
satisfaction of the building
surveyor that -
(i) the responsible person for
the permit building work
has died before, or is not
locatable or otherwise
incapable of, issuing the
standard of work
certificate (permit
building work) for the
work; or
(ii) the applicant has made a
written request, to the
responsible person for the
permit building work, for
a standard of work
30
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 26
certificate (permit
building work) and the
responsible person has
failed to provide the
certificate within 21 days
after the request was
made; and
(b) the permit building work -
(i) is complete; and
(ii) has been inspected, as
required under
section 149, on
completion of the final
notification stage for the
work and the person
performing the inspection
is satisfied that the work
complies with this Act
and the National
Construction Code.
26. Section 153 amended (Certificate of completion
(permit building work))
Section 153 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (2);
(b) by inserting the following subsection
after subsection (3):
31
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 26 Part 2 - Building Act 2016 Amended
(4) A permit authority may accept an
application for, and issue, a
certificate of completion (permit
building work) under this section
that does not include a standard
of work certificate for work (the
uncertified work) as required
under this section, if -
(a) evidence is provided to
the satisfaction of the
permit authority that -
(i) the responsible
person for the
uncertified work
has died before, or
is not locatable or
otherwise
incapable of,
issuing the
standard of work
certificate for the
work; or
(ii) the applicant has
made a written
request, to the
responsible person
for the uncertified
work, for a
standard of work
certificate and the
responsible person
has failed to
provide the
32
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 27
certificate within
21 days after the
request was made;
and
(b) a certificate of
completion, or certificate
of final inspection, has
been issued in respect of
the uncertified work.
27. Section 165 amended (Application for plumbing
permit)
Section 165 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) Subsection (2)(b)(i) does not apply in
respect of an application under this
section for proposed permit plumbing
work, or a stage of proposed permit
plumbing work, if the relevant permit
authority agrees to that application being
made at the same time as an application
under section 156 for a certificate of
likely compliance (permit plumbing
work) for that proposed permit plumbing
work.
33
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 28 Part 2 - Building Act 2016 Amended
28. Section 172 amended (Duration of plumbing
permit)
Section 172 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite subsection (1), if an application
to extend the period for which a
plumbing permit is in effect is made
under section 173 and has not been
determined under section 173(3) before
the permit is to expire, the permit is to
remain in effect until the application is so
determined.
29. Section 173 amended (Extension of duration of
plumbing permit)
Section 173 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) An application for an extension
of the period for which a
plumbing permit is in effect must
be made at least 5 business days
before the plumbing permit
expires, unless the Director of
Building Control has determined
that special circumstances exist.
34
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 30
(b) by omitting from subsection (2)(c)
"authority; and" and substituting
"authority.";
(c) by omitting paragraph (d) from
subsection (2).
30. Section 178 amended (Certificate of completion
(permit plumbing work))
Section 178 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b)
"work; and" and substituting "work.";
(b) by omitting paragraph (c) from
subsection (2);
(c) by inserting the following subsection
after subsection (3):
(4) A permit authority may accept an
application for, and issue, a
certificate of completion (permit
plumbing work) under this
section that does not include a
standard of work certificate
(permit plumbing work) issued in
respect of the work, if evidence is
provided to the satisfaction of the
permit authority that -
(a) the responsible person for
the work has died before,
or is not locatable or
35
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 31 Part 2 - Building Act 2016 Amended
otherwise incapable of,
issuing the standard of
work certificate (permit
plumbing work) for the
work; or
(b) the applicant has made a
written request, to the
responsible person for the
work, for a standard of
work certificate (permit
plumbing work) and the
responsible person has
failed to provide the
certificate within 21 days
after the request was
made.
31. Section 196 amended (Duration of demolition
permit)
Section 196 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite subsection (1), if an application
to extend the period for which a
demolition permit is in effect is made
under section 197 and has not been
determined under section 197(4) before
the permit is to expire, the permit is to
remain in effect until the application is so
determined.
36
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 32
32. Section 197 amended (Extension of duration of
demolition permit)
Section 197 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) An application for an extension
of the period for which a
demolition permit is in effect
must be made at least 5 business
days before the demolition permit
expires, unless the Director of
Building Control has determined
that special circumstances exist.
(b) by omitting from subsection (2)(c)
"authority; and" and substituting
"authority.";
(c) by omitting paragraph (d) from
subsection (2).
33. Section 202 amended (Certificate of final inspection
(demolition))
Section 202 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite subsection (1)(a)(ii), a building
surveyor may issue a certificate of final
inspection (demolition) in respect of
permit demolition work that has not had
37
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 33 Part 2 - Building Act 2016 Amended
a standard of work certificate (permit
demolition work) issued in respect of it,
if -
(a) evidence is provided to the
satisfaction of the building
surveyor that -
(i) the responsible person for
the permit demolition
work has died before, or
is not locatable or
otherwise incapable of,
issuing the standard of
work certificate (permit
demolition work) for the
work; or
(ii) the applicant has made a
written request, to the
responsible person for the
permit demolition work,
for a standard of work
certificate (permit
demolition work) and the
responsible person has
failed to provide the
certificate within 21 days
after the request was
made; and
(b) the permit demolition work -
(i) is complete; and
(ii) has been inspected, as
required under
38
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 34
section 199, on
completion of the final
notification stage for the
work and the person
performing the inspection
is satisfied that the work
complies with this Act
and the National
Construction Code.
34. Section 203 amended (Certificate of completion
(permit demolition work))
Section 203 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b)(ii)
"work); and" and substituting "work).";
(b) by omitting paragraph (c) from
subsection (2);
(c) by inserting the following subsection
after subsection (3):
(4) A permit authority may accept an
application for, and issue, a
certificate of completion (permit
demolition work) under this
section in respect of permit
demolition work that has not had
a standard of work certificate
(permit demolition work) issued
in respect of it as required under
this section, if -
39
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 34 Part 2 - Building Act 2016 Amended
(a) evidence is provided to
the satisfaction of the
permit authority that -
(i) the responsible
person for the
work has died
before, or is not
locatable or
otherwise
incapable of,
issuing the
standard of work
certificate (permit
demolition work)
for the work; or
(ii) the applicant has
made a written
request, to the
responsible person
for the work, for a
standard of work
certificate (permit
demolition work)
and the
responsible person
has failed to
provide the
certificate within
21 days after the
request was made;
and
(b) a certificate of final
inspection (demolition)
40
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 35
has been issued in respect
of the work.
35. Section 204 amended (Interpretation)
Section 204 of the Principal Act is amended by
inserting after paragraph (a) in the definition of
responsible owner the following paragraph:
(ab) an occupier who has a contractual
responsibility to maintain the essential
building services of the building to which
the contract relates; and
36. Section 206 amended (Schedule of maintenance)
Section 206 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) approved by -
(i) the relevant permit
authority, if the schedule
of maintenance only
relates to plumbing work
performed on, or a
plumbing installation
installed in, the premises
that include the building;
or
41
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 37 Part 2 - Building Act 2016 Amended
(ii) a building surveyor, in
any other case.
(b) by omitting from subsection (2)
"building surveyor" twice occurring and
substituting "permit authority, or
building surveyor,";
(c) by omitting from subsection (3)
"building surveyor" and substituting
"permit authority, or building surveyor,
as applicable";
(d) by omitting from subsection (4)
"building surveyor" and substituting
"permit authority, or building surveyor,
as applicable".
37. Section 237 amended (Building notice)
Section 237 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "a
building or" and substituting "premises
or a";
(b) by omitting from subsection (1)
"building" fourth occurring and
substituting "premises";
(c) by omitting from subsection (1)(a) "on
the building";
(d) by omitting from subsection (1)(b)
"building" first occurring and
substituting "premises";
42
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 37
(e) by omitting from subsection (1)(c)
"building" second occurring and
substituting "premises";
(f) by omitting from subsection (1)(d)
"building" second occurring and
substituting "premises";
(g) by omitting from subsection (1)(e)
"building" and substituting "premises";
(h) by omitting from subsection (1)(f)
"building" first occurring and
substituting "premises";
(i) by omitting from subsection (1)(f)(ii)
"building" and substituting "premises";
(j) by omitting from subsection (1)(g)
"building" second occurring and
substituting "premises";
(k) by omitting from subsection (2) "a
building or" first occurring and
substituting "premises or a";
(l) by omitting from subsection (2) "a
building" third occurring and substituting
"the premises";
(m) by omitting from subsection (4)(a)
"building" and substituting "premises";
(n) by omitting from subsection (4)(b)(i)
"building" and substituting "premises".
43
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 38 Part 2 - Building Act 2016 Amended
38. Section 238 amended (Plumbing notice)
Section 238(1) of the Principal Act is amended
as follows:
(a) by omitting "a building or" and
substituting "premises or a";
(b) by omitting "building or" second
occurring and substituting "premises or
temporary";
(c) by omitting from paragraph (b)
"building" and substituting "premises";
(d) by omitting from paragraph (c)
"building" and substituting "premises";
(e) by omitting from paragraph (d)
"building" and substituting "premises";
(f) by omitting from paragraph (f)
"building" and substituting "premises".
39. Section 251 amended (Court orders)
Section 251 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "of
competent jurisdiction";
(b) by inserting the following paragraph after
paragraph (a) in subsection (3):
44
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 40
(ab) may be made to either the
Supreme Court or the Magistrates
Court; and
(c) by inserting the following subsection
after subsection (4):
(5) For the avoidance of doubt -
(a) an application made under
this section to the
Magistrates Court on, or
after, the commencement
of this Act is taken to
have been validly made;
and
(b) any decision made by the
Magistrates Court in
respect of such an
application is taken to
have been validly made.
40. Section 255 amended (Application for certificate of
substantial compliance)
Section 255(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b)
"documentation; and" and substituting
"documentation.";
(b) by omitting paragraph (c).
45
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 41 Part 2 - Building Act 2016 Amended
41. Section 258 amended (Application for permit of
substantial compliance)
Section 258(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (c)
"authority; and" and substituting
"authority.";
(b) by omitting paragraph (d).
42. Section 262 amended (Duration of permit of
substantial compliance)
Section 262 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite subsection (1), if an application
to extend the period for which a permit
of substantial compliance is in effect is
made under section 263A and has not
been determined under section 263A(5)
before the permit is to expire, the permit
is to remain in effect until the application
is so determined.
43. Section 263A inserted
After section 263 of the Principal Act, the
following section is inserted in Subdivision 2:
46
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 43
263A. Extension of duration of permit of
substantial compliance
(1) A person may apply, to the permit
authority that issued a permit of
substantial compliance, for an extension
of the period for which that permit is in
effect.
(2) An application, for an extension of the
period for which a permit of substantial
compliance is in effect, must be made at
least 5 business days before the permit of
substantial compliance expires, unless
the Director of Building Control has
determined that special circumstances
exist.
(3) An application, for an extension of the
period for which a permit of substantial
compliance is in effect, is to -
(a) be in an approved form; and
(b) include such information as is
determined by the Director of
Building Control; and
(c) be accompanied by such
documentation as is required by
the Director of Building Control
and the permit authority.
(4) Before making a decision in respect of an
application under subsection (1) in
relation to a permit of substantial
compliance -
47
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 44 Part 2 - Building Act 2016 Amended
(a) the permit authority is to request
the relevant building surveyor to
provide, within a specified
period, advice regarding the work
being performed under the
permit; and
(b) the building surveyor must
comply with the request within
that period.
(5) The permit authority that receives an
application under subsection (1) in
relation to a permit of substantial
compliance may -
(a) extend the period for which the
permit of substantial compliance
is in effect; or
(b) refuse to extend the period for
which the permit of substantial
compliance is in effect; or
(c) ask the applicant for further
information and, after considering
the further information, extend or
refuse to extend the period for
which the permit of substantial
compliance is in effect.
44. Section 280A inserted
After section 280 of the Principal Act, the
following section is inserted in Division 1:
48
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 44
280A. Appeals relating to reporting authority
(1) A reporting authority who provided a
required report in respect of a certificate
of likely compliance may appeal to the
appeal tribunal, in relation to any matter
raised in its report, against -
(a) the decision of the building
surveyor to issue the certificate of
likely compliance; or
(b) any condition imposed on the
certificate of likely compliance
other than a condition that must
be imposed on the certificate of
likely compliance under this Act.
(2) A reporting authority who provided a
required report in respect of an
occupancy permit may appeal to the
appeal tribunal, in relation to any matter
raised in its report, against -
(a) the decision of the building
surveyor to issue the permit; or
(b) any condition imposed on the
permit other than a condition that
must be imposed on the permit
under this Act.
49
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 45 Part 2 - Building Act 2016 Amended
45. Section 288 amended (Non-application of Building
Regulations)
Section 288(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b)
"provision." and substituting "provision;
or";
(b) by inserting the following paragraph after
paragraph (b):
(c) if the provision of the Building
Regulations applies a standard or
requirement by reference to a
document that is subsequently
amended, if the building surveyor
for the work certifies that
substantial progress had been
made in the design of the work
before the document so applied
was amended.
46. Section 290 amended (Non-application of Plumbing
Regulations)
Section 290(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (b)
"provision." and substituting "provision;
or";
(b) by inserting the following paragraph after
paragraph (b):
50
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 47
(c) if the provision of the Plumbing
Regulations applies a standard or
requirement by reference to a
document that is subsequently
amended - if the relevant permit
authority for the work certifies
that substantial progress had been
made in the design of the work
before the document so applied
was amended.
47. Section 327 amended (Accrual of cause of action)
Section 327(7)(b) of the Principal Act is
amended by omitting "2 years" and substituting
"6 years".
48. Section 330A inserted
After section 330 of the Principal Act, the
following section is inserted in Division 6:
330A. Further amendment of regulations not
prevented
The amendment of a provision of
regulations made under this Act, or any
other Act, by the Building Legislation
(Miscellaneous Amendments) Act 2018,
does not prevent that regulation, or any
other provision of those regulations, from
being amended or rescinded by a later
Act or regulations.
51
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 49 Part 2 - Building Act 2016 Amended
49. Schedule 2 amended (Transitional and Savings
Provisions)
Clause 6 of Part 3 of Schedule 2 to the Principal
Act is amended as follows:
(a) by omitting from subclause (1) "A valid
building permit" and substituting
"Subject to subclause (2A), a valid
building permit";
(b) by omitting from subclause (2) "A valid
plumbing permit" and substituting
"Subject to subclause (2A), a valid
plumbing permit";
(c) by inserting the following subclause after
subclause (2):
(2A) A permit that is taken to be issued
and in force under this Act by
virtue of subclause (1) or (2),
continues to have effect until the
first of the following:
(a) a certificate of completion
is issued in respect of the
work performed under the
permit;
(b) the permit is cancelled;
(c) if the permit specifies a
day on which the permit
expires or ceases to have
effect, that day;
52
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 2 - Building Act 2016 Amended s. 49
(d) if the permit does not
specify a day on which
the permit expires or
ceases to have effect,
1 July 2020.
53
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 50 Part 3 - Building Regulations 2016 Amended
PART 3 - BUILDING REGULATIONS 2016 AMENDED
50. Principal Regulations
In this Part, the Building Regulations 2016* are
referred to as the Principal Regulations.
51. Regulation 4 amended (Temporary structures)
Regulation 4 of the Principal Regulations is
amended by inserting after paragraph (d) the
following paragraph:
(da) a temporary swimming pool, including
any associated safety barrier or fencing;
52. Regulation 8 amended (Director of Building
Control may make determinations)
Regulation 8 of the Principal Regulations is
amended by inserting after paragraph (j) the
following paragraph:
(ja) the requirements and procedures, to
rectify defective work or non-compliant
work, that are not otherwise specified in
the Act;
_______________________________________________________________
*S.R. 2016, No. 110
54
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 4 - Occupational Licensing (Building Services Work) Regulations 2016 s. 53
Amended
PART 4 - OCCUPATIONAL LICENSING (BUILDING
SERVICES WORK) REGULATIONS 2016 AMENDED
53. Principal Regulations
In this Part, the Occupational Licensing
(Building Services Work) Regulations 2016* are
referred to as the Principal Regulations.
54. Regulation 9 amended (Prescribed criteria)
Regulation 9(2) of the Principal Regulations is
amended by omitting paragraph (e) and
substituting the following paragraph:
(e) other than building work carried out or
managed under a building authority, the
person and each other owner of the
premises, in aggregate, have not already
carried out or managed building work,
under an authorisation as an owner
builder, on 2 or more buildings in the 10
years immediately before the person
made the application for the proposed
permit; and
55. Schedule 1 amended (Building services work)
Schedule 1 to the Principal Regulations is
amended by omitting paragraph (b) from clause
1 of Part 2.
_______________________________________________________________
*S.R. 2016, No. 112
55
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 56 Part 5 - Occupational Licensing (Building Services Work) Regulations
2016 Further Amended
PART 5 - OCCUPATIONAL LICENSING (BUILDING
SERVICES WORK) REGULATIONS 2016 FURTHER
AMENDED
56. Principal Regulations
In this Part, the Occupational Licensing
(Building Services Work) Regulations 2016* are
referred to as the Principal Regulations.
57. Schedule 2 amended (Fees)
Clause 1 of Schedule 2 to the Principal
Regulations is amended by omitting item 2 from
the table in the definition of architect and
substituting:
2. Section 29C(c) Fee for owner builder permit -
(a) if work intended to be performed 240
under the permit by the holder of
the permit involves work on a
Class 1a or 1b building; or
(b) if work intended to be performed 120
under the permit by the holder of
the permit does not involve work
on a Class 1a or 1b building
_______________________________________________________________
*S.R. 2016, No. 112
56
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 6 - Occupational Licensing Act 2005 Amended s. 58
PART 6 - OCCUPATIONAL LICENSING ACT 2005
AMENDED
58. Principal Act
In this Part, the Occupational Licensing Act
2005* is referred to as the Principal Act.
59. Section 37C amended (Certain organisations may
apply for building services licence)
Section 37C of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a)
"(including the Crown)" after
"corporate";
(b) by inserting the following subsection
after subsection (5):
(6) For the avoidance of doubt,
nothing in this section requires an
organisation to hold a building
services licence as a licensed
entity if each person who
manages or carries out building
services work, including entering
into a contract for building
services work, for that
organisation holds a licence under
section 22A, or this section, that
_______________________________________________________________
*No. 47 of 2005
57
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 60 Part 6 - Occupational Licensing Act 2005 Amended
authorises the person to perform
the work.
60. Section 38 amended (Offences)
Section 38 of the Principal Act is amended as
follows:
(a) by omitting from subsection (7)
"building work" and substituting
"building services work";
(b) by omitting from subsection (8)
"building work" and substituting
"building services work".
61. Schedule 2 amended (Occupations, Trades and
Callings to Which this Act Applies)
Schedule 2 to the Principal Act is amended by
inserting in clause 4 of Part 4 "or demolition
work" after "building work,".
58
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 7 - Occupational Licensing Act 2005 Further Amended s. 62
PART 7 - OCCUPATIONAL LICENSING ACT 2005
FURTHER AMENDED
62. Principal Act
In this Part, the Occupational Licensing Act
2005* is referred to as the Principal Act.
63. Section 22A amended (Obligation to hold building
services licence)
Section 22A(2)(b) of the Principal Act is
amended by omitting "work," and substituting
"work, or entering into a contract to manage or
carry out building services work,".
64. Section 29A amended (Building work for which an
owner builder permit may be issued)
Section 29A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "on a
Class 1a building under the authority of
the permit" and substituting "on a class
of building, or type of building,
determined by the Administrator under
subsection (1A)";
(b) by inserting the following subsections
after subsection (1):
_______________________________________________________________
*No. 47 of 2005
59
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 64 Part 7 - Occupational Licensing Act 2005 Further Amended
(1A) For the purposes of
subsection (1), the Administrator
may determine the classes of
building, or types of building, in
respect of which a person may
manage or carry out building
work as an owner builder.
(1B) Before making a determination
under subsection (1A), the
Administrator may consult with
any person or organisation that he
or she considers appropriate.
(c) by inserting the following subsections
after subsection (2):
(3) The Administrator is to notify
any determination under
subsection (1A) in the Gazette
and in such daily newspapers
circulating generally in Tasmania
as the Administrator thinks fit
and the notification is to be
available for public inspection -
(a) at the office of the
Administrator during
normal business hours;
and
(b) by means of the World
Wide Web; and
(c) by any other means
determined by the
Administrator.
60
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 7 - Occupational Licensing Act 2005 Further Amended s. 65
(4) The Administrator may amend a
determination under
subsection (1A) by -
(a) omitting, substituting or
adding a provision; and
(b) notifying the amended
determination, and
making it available for
public inspection, in
accordance with
subsection (3).
(5) For the avoidance of doubt, the
making of a determination under
subsection (1A), or the amending
of such a determination under
subsection (4), does not affect the
validity of an owner builder
permit issued before the
determination, or amended
determination, is notified in
accordance with subsection (3).
65. Section 34 amended (Determination of application)
Section 34(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "issue"
and substituting "may issue";
(b) by omitting paragraph (b) and
substituting the following paragraph:
61
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 65 Part 7 - Occupational Licensing Act 2005 Further Amended
(b) may refuse the application for
any reason that the Administrator
considers appropriate, including
but not limited to any one or
more of the following reasons:
(i) the applicant is not a fit
and proper person;
(ii) the applicant does not
have the qualifications,
experience or competence
to perform the functions
of, or carry out the work
of, a contractor as
appropriate for the
occupation and class of
the licence being sought
by the applicant;
(iii) there are not satisfactory
arrangements in place,
including the suitability of
the nominated manager
for the applicant, for the
supervision of the
applicant in his or her role
as a contractor;
(iv) the applicant does not, or
is not likely to have, a
sound and stable financial
background;
(v) the applicant is not, or is
not likely to be, covered
62
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 7 - Occupational Licensing Act 2005 Further Amended s. 66
by the insurance required
under section 27;
(vi) the applicant does not
satisfy, or is not likely to
satisfy, any applicable
requirement of a
determination under
section 31 or any
prescribed requirement;
(vii) the applicant has
previously had a licence,
or similar accreditation as
a contractor, refused,
suspended or cancelled, in
Tasmania or in another
State or a Territory.
66. Section 37 amended (Determination of application)
Section 37(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "issue"
and substituting "may issue";
(b) by omitting paragraph (b) and
substituting the following paragraph:
(b) may refuse the application for
any reason that the Administrator
considers appropriate, including
but not limited to any one or
more of the following reasons:
63
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 66 Part 7 - Occupational Licensing Act 2005 Further Amended
(i) the applicant is not a fit
and proper person;
(ii) the applicant does not
have the qualifications,
experience or competence
to perform the functions
of, or carry out the work
of, a practitioner as
appropriate for the
occupation and class of
the licence being sought
by the applicant;
(iii) the applicant is unlikely to
maintain his or her skills
and qualifications, or
undertake any required
continuing professional
development, as
appropriate for the
occupation and class of
the licence being sought
by the applicant;
(iv) the applicant does not, or
is not likely to, have a
sound and stable financial
background;
(v) the applicant is not, or is
not likely to be, covered
by the insurance required
under section 27;
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Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 7 - Occupational Licensing Act 2005 Further Amended s. 67
(vi) the applicant does not
satisfy, or is not likely to
satisfy, any applicable
requirement of a
determination under
section 31 or any
prescribed requirement;
(vii) the applicant has
previously had a licence,
or similar accreditation as
a practitioner, refused,
suspended or cancelled, in
Tasmania or in another
State or a Territory.
67. Section 37B amended (Determination of
application)
Section 37B(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (a) "issue"
and substituting "may issue";
(b) by omitting from paragraph (b) "refuse"
and substituting "may refuse".
68. Section 49 amended (Registers)
Section 49(4) of the Principal Act is amended by
omitting paragraph (e).
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Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 69 Part 7 - Occupational Licensing Act 2005 Further Amended
69. Section 62 amended (Infringement notices)
Section 62 of the Principal Act is amended by
omitting subsection (3).
70. Part 6, Division 5 repealed
Division 5 of Part 6 of the Principal Act is
repealed.
66
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 8 - Residential Building Work Contracts and Dispute Resolution s. 71
Regulations 2016 Amended
PART 8 - RESIDENTIAL BUILDING WORK
CONTRACTS AND DISPUTE RESOLUTION
REGULATIONS 2016 AMENDED
71. Principal Regulations
In this Part, the Residential Building Work
Contracts and Dispute Resolution Regulations
2016* are referred to as the Principal
Regulations.
72. Regulation 7 amended (Adjudication application
fee)
Regulation 7 of the Principal Regulations is
amended by omitting "section 63(4)(e) of the
Act" and substituting "section 62(4)(e) of the
Act".
73. Schedule 1 amended (Infringement Notice Offences)
Schedule 1 to the Principal Regulations is
amended by omitting items 19 and 20 and
substituting:
19. 77(2) Compliance with 20 10
adjudication order by
specified date
_______________________________________________________________
*S.R. 2016, No. 89
67
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
s. 74 Part 9 - Urban Drainage (General) Regulations 2016 Amended
PART 9 - URBAN DRAINAGE (GENERAL)
REGULATIONS 2016 AMENDED
74. Principal Regulations
In this Part, the Urban Drainage (General)
Regulations 2016* are referred to as the
Principal Regulations.
75. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is
amended as follows:
(a) by omitting "Building Act 2000" from the
definition of building surveyor and
substituting "Building Act 2016";
(b) by omitting "Building Act 2000" from the
definition of building work and
substituting "Building Act 2016".
_______________________________________________________________
*S.R. 2016, No. 15
68
Building Legislation (Miscellaneous Amendments) Act 2018
Act No. of 2018
Part 10 - Miscellaneous s. 76
PART 10 - MISCELLANEOUS
76. Expiry of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of its
provisions commence.
Government Printer, Tasmania 69