Tasmanian Numbered Regulations

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BUILDING REGULATIONS 2014 (S.R. 2014, NO. 57) - SCHEDULE 4

- Infringement notice offences
SCHEDULE 4 - Infringement notice offences

Regulation 38

 

Provision of Act or regulations

Description of offence

Penalty

units

     

Natural persons

Body corporate

1. 

Section 23A(1)

Carry out, manage or enter contract for building work without accreditation

2

10

2. 

Section 23B

Purporting to be an accredited building practitioner while not accredited

2

10

3. 

Section 23C

Person carrying out work of building surveyor or building surveyor limited without required accreditation

2

10

4. 

Section 23D(1)

Practitioner purporting to be accredited in a particular category or class

2

10

5. 

Section 23D(2)

Providing assistance for a person to purport to be accredited

2

10

6. 

Section 23E

Practitioner using another practitioner's accreditation

2

10

7. 

Section 23F(1)

Practitioner lending or allowing use of his or her accreditation

2

10

8. 

Section 23G(1)

Non-accredited persons using practitioner accreditation

2

10

9. 

Section 30A(2)

Owner builder failing to apply for registration

2

10

10. 

Section 30C(2)

Making a false declaration in owner builder application

2

10

11. 

Section 36(4)

Failure to comply with a notice to produce documents relevant to an investigation

2

10

12. 

Section 39(2)

Offences in relation to an investigation

2

10

13. 

Section 40(6)

Failure to comply with order of the Director

2

10

14. 

Section 45(3)

Failure to comply with an Appeal Tribunal notice

1.5

5

15. 

Section 50(1)

Carrying out building work without the required insurance cover

2

10

16. 

Section 50(3)

Falsely claiming to hold required insurance cover

2

10

17. 

Section 50A(2)

Failure to assist or cooperate with an audit

2

10

18. 

Section 50B(3)

Delay, obstruct or fail to produce records or answer questions relating to an audit or investigation

2

10

19. 

Section 50C(3)

Refusal or a failure to produce any record or statement

2

10

20. 

Section 51(1)

Building surveyor failing to perform and exercise functions and powers

2

10

21. 

Section 51(2)

Exercise of powers by a building surveyor limited otherwise than as permitted

2

10

22. 

Section 52

Exercising powers of building surveyor in relation to work in which the building surveyor has an interest or has not been engaged by owner

2

10

23. 

Section 52A

Owner or agent failing to engage a building surveyor

2

10

24. 

Section 53

Engaging another building surveyor without referral by the original surveyor

2

10

25. 

Section 54

Removing a building surveyor from engagement without consent of the Director

2

10

26. 

Section 60(1)

Carrying out building work without the required building permit

2

10

27. 

Section 69(2)

Making application as agent of an owner without written authorisation

1

1.5

28. 

Section 74(1)

Failure to comply with a condition of a building permit

2

10

29. 

Section 85(1)

Failure to carry out building work in accordance with the Act or building permit

2

10

30. 

Section 85(4)

Failure to provide owner with copy of consent of building surveyor to a variation of the building permit within the required period

2

10

31. 

Section 87(3) (b)

Starting building work without notifying building surveyor or receiving building surveyor's authorisation

1.5

5

32. 

Section 87(7)

Building surveyor failing to confirm name of builder and that work is to comply with Building Regulations

1

1.5

33. 

Section 87(8)

Building surveyor failing to confirm oral authorisation in writing within required period

1

1.5

34. 

Section 88(1)

Builder failing to notify building surveyor before completion of mandatory notification stage

1.5

5

35. 

Section 93(1)

Occupying a building as set out unless occupancy permit is in force or not required

2

10

36. 

Section 93(2)

Failure to obtain a new occupancy permit after refurbishment

1.5

1.5

37. 

Section 93(3)

Failure to obtain a new occupancy permit after change in building use

1.5

1.5

38. 

Section 94(3)

Making application for occupancy permit as agent of owner without written authorisation

1

1.5

39. 

Section 100(4)

Failure to display occupancy permit as required

1

1.5

40. 

Section 102

Failure to notify permit authority of issue of occupancy permit and to provide a copy of permit

1

1.5

41. 

Section 103

Occupying building in contravention of occupancy permit

2

10

42. 

Section 105

Occupying existing building or temporary structure unless permit is in force or not required

2

10

43. 

Section 106(2)

Making application for temporary occupancy permit as agent of owner without written authorisation

1

1.5

44. 

Section 115A(1)

Making change to existing building boundary so that building no longer complies with Act

2

10

45. 

Section 115A(2)

Failing to obtain building permit and carry out building work in case of specified change to allotment or boundary

1

5

46. 

Section 116

Inhabiting, as set out, a building that is not built as a dwelling

1.5

1.5

47. 

Section 117(2)

Changing the use of a building without complying with the Act

2

10

48. 

Section 117(3)

Failure to obtain a building permit or new occupancy permit for a change of use

2

10

49. 

Section 118

Restricting the use of unoccupied land without the consent of the general manager

1.5

1.5

50. 

Section 120(1)

Failure to maintain prescribed features or measures

2

10

51. 

Section 120(2)

Failure of owner or occupier to display an annual statement in accordance with these regulations

1

1.5

52. 

Section 121(1)

Failure to notify adjoining owner and the building surveyor of proposed building or protection work

1.5

5

53. 

Section 127

Carrying out building work without protection work as agreed or determined

2

10

54. 

Section 129(2)

Failure to comply with an emergency protection work notice

2

10

55. 

Section 130

Failure to carry out protection work in accordance with the Act

2

10

56. 

Section 131(1)

Failure to enter into required contract of insurance for protection work

2

10

57. 

Section 133(2)

Failure to provide notice of intention to enter adjoining property for the purpose of carrying out protection work

1

1.5

58. 

Section 134

Refusing admission to a person in accordance with a notice or agreement to carry out survey or protection work, or hindering the person in that work

1.5

5

59. 

Section 135(1)

Failure to provide, as required, a complete set of documents showing the protection work carried out

1

1.5

60. 

Section 141(1)

Failure to provide required notice to an adjoining owner or occupier

2

10

61. 

Section 142(2)

Failure of an owner to comply with a notice from adjoining owner

2

10

62. 

Section 150(1)

Erecting, altering or adding to a building in an A landslip area without the Minister's permission

2

2

63. 

Section 151(1)

Failure to comply with these regulations when erecting, altering or adding to a building in a B landslip area

2

2

64. 

Section 151(2)

Storing certain substances in a B landslip area

2

2

65. 

Section 152(1)

Aggravating an existing landslip condition while erecting, altering or adding to a building in a landslip area

2

2

66. 

Section 152(2)

Performing a certain activity in a landslip area except in accordance with these regulations

2

2

67. 

Section 155

Erecting a building between the building line and the boundary of a road

2

2

68. 

Section 157(1)

Carrying out building work on certain land before cleaning or remedying as required

1.5

1.5

69. 

Section 157(2)

Carrying out building work on land when the land is not capable of being drained as required

1.5

1.5

70. 

Section 158

Erecting or placing certain buildings without effluent or waste water systems as required

1.5

1.5

71. 

Section 159

Erecting or placing habitable rooms less than 300mm above designated flood level

1.5

1.5

72. 

Section 160(1)

Carrying out buil ding work over, or within one metre of, an existing drain unless authorised

1.5

1.5

73. 

Section 161

Carrying out building work over or within a service easement unless authorised

1.5

1.5

74. 

Section 162(4)

Failure to comply with an emergency order

2

10

75. 

Section 170(7)

Failure to comply with a building order

2

10

76. 

Section 174

Failure to provide a copy of a building order to the relevant permit authority as required

1

1.5

77. 

Section 182(1)

Failure of owner to comply with a condition of a permit to proceed

2

10

78. 

Section 184(5)

Failure of owner to comply with a condition of a certificate of substantial compliance

2

10

79. 

Section 190(1)

Failure to comply with a condition of a permit of substantial compliance

2

10

80. 

Section 199(1)

Failure to notify completion of work carried out under certain orders

1

1.5

81. 

Section 201(2)

Failure to carry out building work in accordance with these regulations unless otherwise directed

2

10

84. 

Section 240

Providing or omitting information, &c., under the Act knowing it to be false or misleading

2

10

85. 

Section 241

Committing a specified offence against an authorised person

2

2

86. 

Section 260(2)

Failure of authorised person to produce evidence of identity and delegation on request

1

1

87. 

Section 268

Installing an appliance which burns oil or solid fuel in contravention of these regulations or the Building Code of Australia

1

2

88. 

Section 270(5)

Failing to notify permit authority where cost of building work exceeds estimate or contract price as specified

2

10

89. 

Section 270(7)

Failure of owner to pay equivalent of additional building levy where cost of work exceeds estimate or contract price

2

10

90. 

Section 270A

Starting work before payment of building levy

2

10

91. 

Regulation 14

Failure to locate building work in compliance with the building permit

1

2

92. 

Regulation 23(3)

Failure to provide copy of approved plans on site while building work is being carried out

1 and 0.5 per day for an individual

2 and 0.5 per day for a body corporate

93. 

Regulation 24(2)

Failure to notify change of details as required

1

2

94. 

Regulation 25

Diminishing certain characteristics of a building when altering or extending

1

2

95. 

Regulation 27

Failure to prevent a public health risk or nuisance in the course of building work

1 and 0.5 per day

2

96. 

Regulation 28(1)

Failure to provide and maintain a guard in respect of an excavation or void

1 and 0.5 per day

2

97. 

Regulation 29

Failure to comply with the requirements of these regulations before demolishing or removing a building

1

2

98. 

Regulation 30(1)

Demolishing or removing a building without –

1

2

   

(a) taking all reasonably practicable steps to identify the presence of asbestos in the building; and

   
   

(b) complying with Chapter 8 of the Work Health and Safety Regulations 2012

   

99. 

Regulation 30(2)

Removing a building without removing all asbestos in accordance with Chapter 8 of the Work Health and Safety Regulations 2012

1

2

100. 

Regulation 31

Demolishing or removing a building without maintaining specified requirements

1

2

101. 

Regulation 35

Covering up or proceeding with building work before the required time

1

2

102. 

Regulation 36(3)

Failure to comply with direction to uncover building work

1

2

103. 

Regulation 36(6)

Undertake, or permit, any further building work which would make compliance with direction to uncover building work more difficult or impossible

5 and 0.5 per day

20 and 5 per day

104. 

Regulation 37(3)

Undertake or permit further work to make compliance with an inspection direction more difficult or impossible

5 and 0.5 per day

20 and 5 per day

105. 

R egulation 43(1)

Failure to display occupancy permit

1

2

106. 

Regulation 43(2)

Failure to display temporary occupancy permit

1

2

107. 

Regulation 44(2)

Failure to ensure number of people using building is within permissible limit

1

2

108. 

Regulation 44(3)

Failure to ensure number of people occupying building is within occupancy limit

1

2

109. 

Regulation 48(1)

Failure to maintain prescribed features and measures as required

1

2

110. 

Regulation 48(2)

Preventing maintenance of prescribed features and measures

1

2

111. 

Regulation 49(1)

Failure to maintain prescribed features and measures as required

1

2

112. 

Regulation 49(2)

Failure to maintain, test or inspect prescribed essential safety and health measure as required

1

2

113. 

Regulation 49(3)

Failure to maintain, test or inspect prescribed features and measures as required

1

2

114. 

Regulation 51(1)

Failure to keep records in a secure place away from the building

1

2

115. 

Regulation 52(3)

Failure to keep a copy of records on site

1

2

116. 

Regulation 53

Carrying out or managing owner builder work without required insurance cover

1

2

117. 

Regulation 55(1)

Failure to notify of the intention to install of an appliance which burns oil or solid fuel

1

2

118. 

Regulation 55(2)

Failure to notify as required that the appliance which burns oil or solid fuel was installed in accordance with the Building Code of Australia

1

2



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