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This is a Bill, not an Act. For current law, see the Acts databases.
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Contents
Page
2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Planning, Building and Environment Legislation Amendment Bill 2015
A Bill for
An Act to amend legislation about planning, building and the environment, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Planning, Building and Environment Legislation Amendment Act 2015
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
•
•
•
.
The following legislation is repealed:
•
(DI2006-174)
•
(DI2006-175).
5 Meaning of building
work
Section 6 (1), new note
insert
Note Building work, for pt 6 (Residential buildings—statutory warranties, insurance and fidelity certificates) does not include work in relation to the demolition of a whole building (see s 84).
omit
7 Approval
requirements
Section 29 (1) (e)
omit
asbestos code
substitute
and the
8 Sign to be displayed for certain
building work
Section 37A (1), note
omit
9 Sign to be displayed for building
work in prescribed development
Section 37B (1), note
omit
10 Application of pt 5 to building
work
Section 65
omit
substitute
Division 6.1 Interpretation—pt 6
12 Application of pt 6 to building
work
Section 83
omit
substitute
84 Definitions—pt 6
substitute
Division 8.2 Codes of practice
substitute
139B Approval of codes of practice
omit
if the work involves the use, handling or disposal of asbestos
omit
the asbestos code, and any instrument applied (with or without change) by the asbestos
substitute
a code, and any instrument applied (with or without change) by the
18 Regulation-making
power
Section 152 (2)
after
a building
insert
or building work (an exemption)
before the note, insert
(d) an exemption.
20 Dictionary, definition of asbestos code
omit
21 Dictionary, definition of asbestos removal control plan
omit
asbestos code
substitute
and the
Part 3 Building (General) Regulation 2008
substitute
6 Exempt buildings and building work generally—Act, s 152 (2)
omit
24 Section 6 (6), definitions of minor maintenance and minor maintenance work
omit
25 Requirements for plans for asbestos
removal—Act, s 27 (1) (a)
Section 18 (2) (d)
omit
under the asbestos code
26 Consultation required in relation to
proposed building work—Act, s 152 (3) (c)
Section
22 (2) (a)
omit
director-general responsible for municipal services and the director-general responsible for registration and regulatory services
substitute
relevant directors-general
27 Section 22 (6), new definition of relevant directors-general
insert
relevant directors-general means the following:
(a) the director-general of the administrative unit responsible for municipal services;
(b) the director-general of the administrative unit responsible for the Dangerous Substances Act 2004
;
(c) the director-general of the administrative unit responsible for the Work Health and Safety Act 2011
.
substitute
37 Building work to which pt 6 does not apply
29 Non-application of Legislation Act,
s 47 (5)
Section 45
omit
asbestos removal code or the
30 Exempt buildings and building
works
Schedule 1, part 1.2, item 1, column 3
omit
31 Schedule 1, part 1.2, example—item 1
omit
32 Schedule 1, part 1.3, item 25
omit
33 Dictionary, definition of asbestos removal code
omit
Part 4 Construction Occupations (Licensing) Act 2004
34 What is a
builder?
Section 8 (2)
omit
, other than building work that involves handling asbestos or disturbing friable asbestos
insert
Note 2 For building work that involves asbestos removal, a builder must hold an asbestos removal licence (see Work Health and Safety Regulation 2011
, div 8.10.1).
omit
Part 5 Construction Occupations (Licensing) Regulation 2004
37 Services that may be provided
without licence
Section 35 (1), note
omit
38 Classes of construction occupation
licence and functions
Schedule 1, part 1.3, items 1 to 5, column
3
omit
or handling asbestos
39 Schedule 1, part 1.3, new note
after item 5, insert
Note For building work that involves asbestos removal, a builder must hold an asbestos removal licence (see Work Health and Safety Regulation 2011
, div 8.10.1).
40 Demerit grounds for occupational
discipline
Schedule 2, part 2.1, item 2.1.11
omit
Part 6 Environment Protection Act 1997
41 Activities requiring environmental
authorisation
Schedule 1, table 1.2, item 7, column 2, paragraph
(b)
substitute
(b) an area identified on a precinct map in the territory plan
as an area where plantation forestry is permitted subject to development assessment; or
insert
•
Part 7 Planning and Development Regulation 2008
43 Exemptions from requirement for
development approval
Schedule 1, section 1.92 (1)
omit
an area identified as a P4 (Plantation forestry precinct) precinct in the territory plan
substitute
a plantation forestry area
44 Schedule 1, section 1.92 (2), new definition of plantation forestry area
insert
plantation forestry area means an area identified on a precinct
map in the
as an area where plantation forestry is permitted subject to development assessment.
45 Schedule 3, part 3.2, item 9, column 2
omit
as a P4 (Plantation forestry precinct) precinct in the territory plan
substitute
on a precinct map in the territory plan
as an area where plantation forestry is permitted subject to development assessment
46 Schedule 3, part 3.4 heading
substitute
Part 3.4 Maps
47 Determination of
fee
Section 45 (2) (a) (ii)
omit
director-general under part 5 (Technical regulation)
substitute
technical regulator
Part 9 Work Health and Safety Regulation 2011
48 Duty to ensure asbestos removalist
is licensed
Section 458, new note
insert
Note 3 For certain asbestos removal work that involves building work,
a licensed asbestos removalist must also be, or be supervised by, a licensed
builder under the
.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 26 March 2015.
2 Notification
Notified under the
on 2015.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2015
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