Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) In this Act:
Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001 , s 155).
"applicable standard "means Australian Standard 3666-1989, as amended for this Act under section 6B and section 42N (before its repeal).
"approved" means approved by the building controller.
"approved plans" means plans, including amended plans, that relate to building work in relation to which a building approval is in effect.
"asbestos" means—
(a) any of the following minerals:
(i) actinolite;
(ii) amosite;
(iii) chrysotile;
(iv) crocidolite;
(v) erionite;
(vi) fibrous anthophyllite;
(vii) tremolite; or
(b) any substance or material containing any of those minerals.
"authorised insurer" means a body corporate that has been granted authority to carry on insurance business under the Insurance Act 1973 (Cwlth).
"builder's licence" means a builder's licence class A, builder's licence class B, builder's licence class C or builder's licence class D that is in force under division 2.3.
"building" includes—
(a) a structure on or attached to land; and
(b) an addition to a building; and
(c) a structure attached to a building; and
(d) a part of a building.
"building approval" means a building approval under part 3.
"building code"—see section 24.
"building controller" means the building controller under section 7.
"building inspector" means a person for the time being appointed a building inspector under section 8.
"building work", in relation to a building, means—
(a) work in connection with the erection, alteration or demolition of the building, and includes disposal of waste materials generated—
(i) by the alteration of a building other than a class 1, class 2 or class 10a building; or
(ii) by the demolition of any building; or
(b) work in connection with repairs of a structural nature to the building; or
(c) work in connection with—
(i) the installation of a specialised system in the building; or
(ii) the structural modification or removal of a specialised system installed in the building; or
(d) the performance of any work in relation to the building that is carried out at the site of the building and involves the handling of asbestos or the disturbance of loose asbestos.
"certificate of occupancy" means a certificate under section 53.
"certificate of regularisation" means a certificate under section 53AB.
"certifier"—
(a) for building work—means a person who is appointed to act as certifier under section 31 (Appointment of certifiers), or as government certifier under section 31A (Appointment of government certifiers), for the work;
(b) for division 3.2 (Certifiers and government certifiers)—see section 29A (Meaning of certifier , eligible person and government certifier for div 3.2).
class 1 , in relation to a building—see the building code.
class 2 , in relation to a building—see the building code.
class 10a , in relation to a building—see the building code.
"designated area"—see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth).
"dwelling" means a class 1 or class 2 building.
"external design", in relation to a building, includes any matter affecting the appearance of the exterior of the building.
"fidelity certificate"—see section 59 (Definitions for pt 6).
"government agency" means an administrative unit, a Territory authority, a Commonwealth department, or a body (whether incorporated or not) established by or under a Commonwealth Act.
"Land Act" means the Land (Planning and Environment) Act 1991.
"lease"—see Land Act, section 159.
"licensee" means a person to whom a builder's licence has been granted.
"loose asbestos", in relation to a building, means asbestos that is not securely attached to the building.
"mechanical ventilation system" includes—
(a) an air-handling system within the meaning of the applicable standard; and
(b) a condenser within the meaning of the applicable standard; and
(c) a cooling tower within the meaning of the applicable standard.
"owner", in relation to 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 held in fee simple—the person in whom the fee simple is vested; or
(c) if the land is subdivided into units and common property by the registration of a units plan 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
(d) if the land is occupied under a tenancy from the Territory or the Commonwealth—the occupier; or
(e) if the Territory carries out or proposes to carry out building work on the land—the Territory; or
(f) if the Commonwealth carries out or proposes to carry out building work on the land—the Commonwealth.
"owner-builder's licence" means a licence under section 23A.
"plans", for a building, includes—
(a) specifications; and
(b) any waste management plan.
"prescribed" means prescribed by the regulations.
"proprietor", of a unit, means the owner of the unit within the meaning of the Unit Titles Act 2001 .
"repealed laws" means the laws repealed by this Act.
"residential building insurance policy" means an insurance policy that complies with section 64.
"specialised system" means—
(a) a warm water system; or
(b) a mechanical ventilation system.
"specialist building work" means any prescribed building work.
"statutory warranty" means a warranty specified in section 62.
"stop notice" means a notice under section 43 prohibiting the carrying out of building work.
"storey"—see the Territory plan, as in effect from time to time under the Land Act.
"structure" includes a fence, retaining wall, swimming pool, ornamental pond, mast, antenna, aerial, advertising device, notice or sign.
"the commencing date" means the date fixed under section 2.
"training fund board" means the Building and Construction Industry Training Fund Board under the Building and Construction Industry Training Levy Act 1999 .
"training levy" means the training levy under the Building and Construction Industry Training Levy Act 1999 .
"unit" has the same meaning as in the Unit Titles Act 2001.
"warm water system" means a water system within the meaning of the applicable standard in which the temperature of the water at the point of outlet is not lower than 30 o C and not higher than 55 o C.
"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.
(2) A reference in this Act to a "builder's licence" includes a reference to a builder's licence or a builder's special licence continued in force under this Act.
(3) In this Act:
(a) a reference to the "erection" of a building includes a reference to the removal of a building and its re-erection, with or without alteration, after its removal from another location; and
(b) a reference to the "alteration" of a building includes a reference to—
(i) the demolition of part of a building; and
(ii) an addition to a building; and
(c) a reference to the removal of a building is a reference to the removal of an existing building from one place for re-erection, with or without further alteration, at another place, and includes a reference to the demolition of part of a building so removed or proposed to be so removed; and
(d) a reference to the demolition of a building does not include a reference to the demolition of part of the building.
(4) A reference in this Act to the "handling" of asbestos includes a reference to—
(a) the preparation and processing of asbestos; and
(b) the mixing of asbestos with another substance; and
(c) the installation, repair, modification or removal of—
(i) thermal or acoustic insulation; or
(ii) fireproofing material; or
(iii) building material;
that is asbestos; and
(d) treating or securing loose asbestos to prevent it from moving; and
(e) sealing a cavity in a building, or another part of a building, that contains loose asbestos to prevent movement of the loose asbestos from that cavity or part of the building.