New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 36

36 Definitions

(1) In this Part--

"association" means an association within the meaning of the Community Land Management Act 2021 .

"building" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .

"building product" has the same meaning as in the Building Products (Safety) Act 2017 .

"building work" includes residential building work within the meaning of the Home Building Act 1989 .

"construction work" means any of the following--

(a) building work,

(b) the preparation of regulated designs and other designs for building work,

(c) the manufacture or supply of a building product used for building work,

(d) supervising, coordinating, project managing or otherwise having substantive control over the carrying out of any work referred to in paragraph (a), (b) or (c).

"owner" of land means any of the following--

(a) every person who jointly or severally or at law or in equity is entitled to the land for an estate of freehold,

(b) for a lot within a strata scheme, the owner of a lot within the meaning of the Strata Schemes Management Act 2015 ,

(c) for a development lot or neighbourhood lot within a community scheme, the proprietor in relation to the lot within the meaning of the Community Land Management Act 2021 ,

(d) every person who jointly or severally or at law or in equity is entitled to receive, or receives, or if the land were let to a tenant would receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession or otherwise,

(e) other persons prescribed by the regulations for the purposes of this definition.

"owners corporation" means an owners corporation constituted under the Strata Schemes Management Act 2015 .

(2) In this Part, a reference to
"building work" applies only to building work relating to a building within the meaning of this Part.

(3) In this Part, a reference to the
"owner" of land includes--

(a) if the land is subject to a strata scheme under the Strata Schemes Management Act 2015 , the owners corporation constituted for the scheme, or

(b) if the land is subject to a community scheme, precinct scheme or neighbourhood scheme within the meaning of the Community Land Management Act 2021 , the association for the scheme.

(4) In this Part, a reference to a person who carries out construction work includes a reference to a person who manufactures, or is a supplier (within the meaning of the Building Products (Safety) Act 2017 ) of, a building product used for building work.

(5) The regulations may--

(a) prescribe additional work that is construction work for the purposes of this Part, and

(b) exclude work from being construction work for the purposes of this Part.

(6) The regulations may exclude persons from being owners for the purposes of this Part.