Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• contravene
• exercise
• function
• law
• may (see s 146)
• must (see s 146)
• national land
• planning and land authority
• Territory land
• under.
"actuary", for an approved scheme, for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"alteration", of a building, includes—
(a) demolition of part of the building; and
(b) an addition to the building.
"approval criteria", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"approval requirement", for plans—see section 29.
"approved plans"—
(a) means plans that relate to building work for which a building approval is in effect; and
(b) includes amended plans.
"approved scheme", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"authorised insurer" means a body corporate authorised to carry on insurance business under the Insurance Act 1973 (Cwlth), section 12.
"basic building work"—see section 10.
"builder", in relation to residential building work or a residential building, for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"builders licence" means a licence issued under the Construction Occupation (Licensing) Act 2004 in the construction occupation of builder.
"building"—
(a) for Act—see section 7; but
(b) for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"building action", for part 9 (Limitation of liability)—see section 140.
"building approval "means a building approval under part 3.
"building code"—see section 136 (1).
"building inspector "means a person appointed under section 128.
"building work"—
(a) for Act—see section 6; but
(b) for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"certificate of occupancy" means a certificate under section 69.
"certificate of regularisation"—see section 75 (1).
"certifier"—
(a) for building work—means a person who is appointed to act as certifier under section 19 (Appointment of certifiers), or as government certifier under section 20 (Appointment of government certifiers), for the work; but
(b) for division 3.2 (Certifiers and government certifiers)—see section 17.
"class", of building, means that class of building under the building code.
"complying residential building work insurance", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"completion day", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"cost", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 86.
"dwelling" means a class 1 or class 2 building.
"easement", for part 4 (Stop and demolition notices)—see section 52.
"eligible person", for division 3.2 (Certifiers and government certifiers)—see section 17.
"exempt building"—see section 12.
"fidelity certificate", for building work, for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"fidelity fund scheme", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"government certifier", for division 3.2 (Certifiers and government certifiers)—see section 17.
"Land Act" means the Land (Planning and Environment) Act 1991.
"lease"—see the Land Act, section 159.
"licensed construction practitioner" means an entity licensed under the Construction Occupations (Licensing) Act 2004.
"licence number"—see the Construction Occupations (Licensing) Act 2004, section 23 (1) (c).
"load "includes superimposed load.
"occupation class"—see the Construction Occupations (Licensing) Act 2004, dictionary.
"owner", of land, means—
(a) if the land is held under a lease from the Commonwealth for a term of years—the lessee; or
(b) if the land is subdivided under the Unit Titles Act 2001—
(i) if building work has been, is being or is to be carried out on the land for the owners corporation—the owners corporation; or
(ii) if building work has been, is being or is to be carried out on the land for the proprietor of a unit—the proprietor; or
(iii) in any other case—the owners corporation; or
(c) if the land is occupied under a tenancy from the Territory or the Commonwealth—the occupier; or
(d) if the Territory carries out or proposes to carry out building work on the land—the Territory; or
(e) if the Commonwealth carries out or proposes to carry out building work on the land—the Commonwealth.
"owner-builder" means an entity licensed under the Construction Occupations (Licensing) Act 2004 in the occupation class of owner-builder.
"prescribed requirements", for division 5.1 (Certificates of occupancy and other certificates)—see section 66.
"prudential standards", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"removal", of a building—
(a) means the removal of the building from a place for re-erection, with or without further alteration, at another place; and
(b) includes the demolition of part of the building removed or proposed to be removed.
"residential building", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"residential building work", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"special actuary", for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—see section 84.
"specialist building work"—see section 9.
"stage", in relation to building work, for part 3 (Building work)—see section 16.
"stop notice"—see section 53 (2).
"storey"—
(a) means a floor level within a building that—
(i) is between 2 other floor levels; or
(ii) has a floor level above or below it; but
(b) does not include a mezzanine level or a space that contains only 1 or more of the following:
(i) a lift shaft, stairway, meter room;
(ii) a bathroom, shower room, laundry, toilet or other sanitary compartment;
(iii) accommodation intended for up to 3 vehicles; and
(c) for part 6 (Residential building—statutory warranties, insurance and fidelity certificates)—does not include a storey below the ground storey (see section 84).
"structure"—see section 8.
"waste management plan", in relation to building work that involves the demolition or alteration of a building, means information that includes—
(a) the extent of work to be undertaken; and
(b) the nature and amount of waste that will be generated; and
(c) the place to which each kind of waste will be taken by the builder, or the builder's agent, for reuse, recycling or disposal; and
(d) any other information prescribed under the regulations.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 20 November 2003.
2 Notification
Notified under the Legislation Act on 26 March 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Building Bill 2004
which originated in the Assembly as the Building Bill 2003 and was passed by the
Legislative Assembly on 9 March 2004.
Clerk of the Legislative Assembly
©
Australian Capital Territory 2004