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BUILDING (AMENDMENT) BILL 1998

                 PARLIAMENT OF VICTORIA

                Building (Amendment) Act 1998
                                 Act No.


                     TABLE OF PROVISIONS
Clause                                                                   Page

PART 1--PRELIMINARY                                                         1
  1.     Purposes                                                           1
  2.     Commencement                                                       2

PART 2--AMENDMENT OF BUILDING ACT 1993                                      3
  3.     Principal Act                                                      3
  4.     Payment of annual fee                                              3
  5.     Delegation                                                         3
  6.     Building Administration Fund                                       3
  7.     Membership of Building Advisory Council                            4
  8.     New section 216A inserted                                          4
         216A. Exemption from functions in relation to certain permits      4
  9.     Powers of entry into existing buildings                            5
  10.    Certificates from prescribed building practitioners                5
  11.    Regulations                                                        5

PART 3--AMENDMENT OF DOCKLANDS AUTHORITY ACT
1991                                                                        7
  12.    New section 31 substituted                                         7
         31. Administration of Building Act 1993                            7
                           

NOTES                                                                      10




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532006B.I1-17/3/98

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Building Act 1993 and the Docklands Authority Act 1991 and for other purposes. Building (Amendment) Act 1998 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to amend the Building Act 1993 to improve 5 the administration of that Act; and 1 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 s. 2 Act No. (b) to amend the Docklands Authority Act 1991 in relation to the administration and enforcement of the building laws in the docklands area. 5 2. Commencement (1) This Part come into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a 10 day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 1999, it comes into operation on that day. _______________ 15 2 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 s. 3 Act No. PART 2--AMENDMENT OF BUILDING ACT 1993 3. Principal Act No. 126/1993. In this Part the Building Act 1993 is called the Reprint No. 2 Principal Act. as at 27 March 1997. Further amended by Act Nos 34/1997, 76/1997, 80/1997, 89/1997, 99/1997 and 109/1997. 5 4. Payment of annual fee In section 172(2)(a) of the Principal Act for "the Board" substitute "the Building Administration Fund". 5. Delegation 10 At the end of section 186A of the Principal Act insert-- "(2) The Building Practitioners Board may, by instrument, delegate the Board's functions under section 170(1) to the Registrar of the 15 Board.". 6. Building Administration Fund After section 200(8) of the Principal Act insert-- "(9) The Commission may enter into arrangements or agreements with any person 3 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 s. 8 Act No. or body to act as its agent in the carrying out of its functions in relation to the administration of the fund.". 7. Membership of Building Advisory Council 5 (1) In section 207(2) of the Principal Act for paragraph (a) substitute-- "(a) one is to be a person appointed as chairperson of the Council; and (aa) one is to be the Commissioner; and". 10 (2) In section 207 of the Principal Act, after sub- section (5) insert-- "(6) The Building Advisory Council is deemed to be the same body despite the change in its membership arising from the amendment of 15 this section by section 7 of the Building (Amendment) Act 1998.". 8. New section 216A inserted After section 216 of the Principal Act insert-- "216A. Exemption from functions in relation to 20 certain permits (1) A council may apply to the Minister to exempt its municipal building surveyor from any requirement to consider applications for building permits for building work other than 25 prescribed domestic building work. (2) The Minister may grant the exemption if the Minister is satisfied that sufficient private building surveyors are available to consider those applications for building permits in 30 relation to land in the council's municipal district. (3) If the Minister grants an exemption in respect of a municipal building surveyor, 4 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 s. 9 Act No. then, despite anything to the contrary in this Act and while the exemption is in force, an application cannot be made to the municipal building surveyor under Part 3 for a building 5 permit for building work other than prescribed domestic building work. (4) The Minister may at any time revoke an exemption given under this section. (5) The Minister must cause notice of any 10 exemption or revocation under this section to be published in the Government Gazette.". 9. Powers of entry into existing buildings In section 229 of the Principal Act after "inspection of" insert "a building or". 15 10. Certificates from prescribed building practitioners In section 238 of the Principal Act for sub-section (1) substitute-- "(1) A municipal building surveyor or a private building surveyor, in carrying out a function 20 under this Act or the regulations, may rely on a certificate by a registered building practitioner in a prescribed category or class of practitioners-- (a) that proposed building work of a 25 prescribed class complies with any provision of this Act or the regulations; or (b) that building work of a prescribed class complies with any provision of this Act 30 or the regulations.". 11. Regulations In section 261 of the Principal Act after paragraph (e) insert-- 5 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 Act No. "(ea) the provision of certificates as to compliance with conditions on permits and approvals;". _______________ 6 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 s. 12 Act No. PART 3--AMENDMENT OF DOCKLANDS AUTHORITY ACT 1991 12. New section 31 substituted No. 22/1991. For section 31 of the Docklands Authority Act Reprint No. 1 5 1991 substitute-- as at 9 May 1996. '31. Administration of Building Act 1993 Further amended by (1) Despite anything to the contrary in the Act Nos 9/1996, Building Act 1993, the Minister may at any 73/1996, time by Order declare that the administration 63/1997, 10 66/1997 and and enforcement of Parts 3, 4, 5, 7 and 8 of 104/1997. that Act and the building regulations under that Act in any part of the docklands area specified in the declaration is to be carried out-- 15 (a) by a person specified by the Minister; and (b) in accordance with the directions of the Minister. (2) An Order under sub-section (1) must be 20 published in the Government Gazette. (3) Parts 3, 4, 5, 7 and 8 of the Building Act 1993 and the building regulations under that Act apply in the part of the docklands area specified in an Order under sub-section (1) 25 as if-- (a) any reference to a council, municipal building surveyor or relevant building surveyor were a reference to the person specified in the Order; and 30 (b) any reference to a municipal district were a reference to the part of the docklands area specified in the Order; and 7 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 s. 12 Act No. (c) any reference to the Local Government Act 1989 in section 66 of the Building Act 1993 or clause 1 of Schedule 2 to the Building Act 1993 5 were a reference to guidelines under section 188 of the Building Act 1993. (4) Nothing in section 79(3) or 81(1) of the Building Act 1993 prevents a person from carrying out any function conferred on that 10 person by an Order under this section. (5) The Minister may at any time revoke or amend an Order made under this section. (6) If, because of an Order under this section, a person or body (in this sub-section called 15 "the old authority") ceases to have the functions of a council, municipal building surveyor or relevant building surveyor under Part 3, 4, 5 7 or 8 of the Building Act 1993 or the building regulations under that Act in 20 relation to any part of the docklands area and another person (in this sub-section called "the new authority") specified in that Order acquires those functions-- (a) anything of a continuing nature done or 25 commenced by or in relation to the old authority in relation to those functions may be done, or completed by or in relation to the new authority; and (b) the old authority must give to the new 30 authority any document held by the old authority that is relevant to anything done by the old authority in relation to those functions; and (c) anything done by or in relation to the 35 old authority in relation to those functions that concerns a matter of a 8 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 s. 12 Act No. continuing nature has effect as if done by or in relation to the new authority. (7) In this section "function" includes power, authority and duty.'. 5 9 532006B.I1-17/3/98

 


 

Building (Amendment) Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 10 532006B.I1-17/3/98

 


 

 


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