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CONSTRUCTION OCCUPATIONS (LICENSING) AMENDMENT REGULATION 2016 (NO 1) (NO 36 OF 2016)
Construction Occupations (Licensing) Amendment Regulation 2016 (No 1)
Subordinate law SL2016–36
made under the
Construction Occupations (Licensing) Act 2004, section 18 (Eligibility for a licence)
EXPLANATORY STATEMENT
This explanatory statement relates to
the Construction Occupations (Licensing) Amendment Regulation 2016 (No 1) as
presented to the ACT Legislative Assembly. It has been prepared to assist the
reader of the amending regulation. It does not form part of the amending
regulation and has not been endorsed by the Assembly.
The statement is to
be read in conjunction with the amending regulation. It is not, and is not meant
to be, a comprehensive description of the amending regulation. This statement
provides information about the intent of the provisions in the regulation;
however, it is not to be taken as providing a definitive interpretation of the
meaning of a provision.
Background
Under section 16 of the
Construction Occupations (Licensing) Regulation 2004, an individual is
eligible to be an owner-builder only if, amongst other things, he or she has not
been granted an owner-builders licence in relation to land other to where the
work is being carried out in the previous five years before applying for
licence. This provision is intended to prevent speculative building under
owner-builder licences. There are no exemptions to the five year criterion.
Many lessees have surrendered or sold a premises affected by loose-fill
asbestos insulation under the ACT Government’s related buyback schemes. A
person who held an owner-builder licence for the affected premises, purchases
their land back after the affected premises has been demolished and rebuilds on
the same land would be eligible for a new owner-builder licence within five
years, as both licenses relate to the same land. However, for owner-builders
who chose to build or renovate another home after allowing the Territory to
acquire their affected premises would not.
This regulation allows
applicants who have held an owner-builders licence in relation to a premises
that has been acquired under buyback scheme for either affected residential
premises under the Dangerous Substances Act 2004, or eligible residential
premises under the Civil Law (Sale of Residential Property) Act 2003 to
be eligible for an owner-builder licence for a different premises within the
five year period.
The exemption would apply only if the applicant has
surrendered the affected premises to the Territory and does not have a current
owner-builder licence for the affected premises. The exemption would apply
regardless of whether the affected property has been demolished, as the timing
for demolition of properties is not within the applicant’s control.
Similarly, the affected premises need not be vacant, as some owners will have
arrangements with the Asbestos Response Taskforce for owners to continue to
occupy premises prior to their demolition. This will allow the individual to
work on their new home prior to vacating their acquired
premises.
Regulatory impact statement
The Legislation Act
2001 section 36(1) states in part:
(1) A regulatory impact statement need
not be prepared for a proposed subordinate law or disallowable instrument (the
proposed law) if the proposed law only provides for, or to the extent it only
provides for:
(b) a matter that does not operate to the disadvantage of
anyone (other than the Territory or a territory authority or instrumentality)
by—
(i) adversely affecting the person’s rights;
or
(ii) imposing liabilities on the person;
A regulatory impact
statement is not required for the regulation. This is because the regulation
does not adversely affect any rights and does not impose liabilities. The
regulation instead assists owner-builders licensed in relation to premises
affected by loose-fill asbestos, to undertake work on their new premises and
potentially smooth the transition from the affected property to new home.
Outline of Provisions
Clause 1 Name of regulation
This clause names the amending
regulation as the Construction Occupations (Licensing) Amendment Regulation 2016
(No 1).
Clause 2 Commencement
This clause states that the
amending regulation commences on the day after its
notification.
Clause 3 Legislation amended
This clause notes
that the amending regulation amends only the Construction Occupations
(Licensing) Regulation 2004.
Clause 4 Section 16
This
clause substitutes a new section 16. Subsection (2) retains the current five
year period for owner-builders licences, but includes a new exemption for
certain owner-builders who have previously held a licence in relation to a
residential premises affected by loose-fill asbestos, or a non-habitable class
10 building, such as a sheds or garage, associated with that premises.
Not all buildings on affected premises may be demolished. For
example, an outbuilding in which no asbestos fibres are detected may remain when
the property passes to a new owner. To ensure the exemption applies only to
people who were owners at the time the premises was an affected or eligible
premises the premises must have been acquired from the individual applying for
the new licence.
Subsection (1) is not changed from the previous section
16.
The clause also inserts new definitions applying to the provisions
referring readers to existing definitions in the Civil Law (Sale of Residential
Property) and Dangerous Substances and Building Acts.
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