Victorian Numbered Acts

BUILDING AMENDMENT ACT 2008 (NO. 36 OF 2008) - SECT 14

After section 216B of the Building Act 1993 insert —

    " 216C     Role of municipal building surveyor outside municipal district

    (1)     A municipal building surveyor of a council, with the consent of that council , may be appointed to carry out all or any of the following functions under this Act in respect of land outside the municipal district of that council—

        (a)     the issuing of building permits;

        (b)     the carrying out of inspections of buildings and building work under Part 4;

        (c)     the issuing of occupancy permits and temporary approvals under Part 5.

    (2)     In addition to subsection (1), a municipal building surveyor of a council who is appointed pursuant to subsection (1) may carry out outside the municipal district of that council any other functions conferred on a private building surveyor by this Act or the regulations.

    (3)     A municipal building surveyor may use the title of municipal building surveyor in carrying out functions referred to in this section.

    (4)     Sections 78 to 83 apply to a municipal building surveyor who is appointed to carry out functions pursuant to subsection (1) as if—

        (a)     a reference in sections 78(1), 78(3) and 78(4), 79(1), 79(2), 80, 81(1) to 81(3) and 83 to a private building surveyor were a reference to the municipal building surveyor; and

        (b)     a reference in sections 78(2), 79(3), 81(4), 82(1)(b) and 82(3) to a private building surveyor (where first occurring) were a reference to the municipal building surveyor; and

        (c)     a reference in section 82(2) to a private building surveyor (where first and thirdly occurring) were a reference to the municipal building surveyor; and

        (d)     a reference in sections 81(4) and 82 to a private building surveyor's functions were a reference to the municipal building surveyor's functions; and

        (e)     a reference to a function set out in section 76 of the Act were a reference to a function set out in subsection (1).

    (5)     Nothing in this section limits or affects the operation of sections 191, 192, 214, 215, 216 or 221.

    (6)     The enactment of this section does not affect the validity of any permit issued by a municipal building surveyor of a council outside the municipal district of that council before that enactment.".