Building Amendment Regulations (No. 2) 2005
I, the Administrator in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under section 230 of the Building Act 2000 .
22 June 2005E. C. CRAWFORD
Administrator
By His Excellency's Command,
BRYAN GREEN
Minister for Infrastructure, Energy and Resources
These regulations may be cited as the Building Amendment Regulations (No. 2) 2005 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Building Regulations 2004 are referred to as the Principal Regulations.
4. Regulation 27A inserted
After regulation 27 of the Principal Regulations , the following regulation is inserted in Part 4:27A. Requirements before building demolition or removal – asbestos
(1) A person must not demolish or remove a building unless the person has –(a) taken all reasonably practicable steps to identify the presence of asbestos in the building; and(b) complied with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998 .Penalty: Fine not exceeding 20 penalty units.(2) A person must not remove a building unless the person has removed all asbestos (including material identified as containing asbestos) from the building in accordance with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998 .Penalty: Fine not exceeding 20 penalty units.
5. Regulation 47 substituted
Regulation 47 of the Principal Regulations is rescinded and the following regulation is substituted:47. Annual maintenance statement
For the purposes of section 120 of the Act, an annual statement referred to in that section is to be –(a) in an approved form; and(b) displayed next to the building's occupancy permit; and(c) for a building completed on or after 1 July 2004, displayed no later than 14 days after the anniversary date of the building's occupancy permit; and(d) for a building completed before 1 July 2004, displayed no later than –(i) in the case of the first annual statement, 14 July 2006; and(ii) in the case of a subsequent annual statement, by the anniversary date ofthe display of the first annual statement.
6. Schedule 4 amended (Act infringement notice offences)
Schedule 4 to the Principal Regulations is amended by inserting after item 74 the following items:
74A.
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 Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998
74B.
Removing a building without removing all asbestos in accordance with Division 9 of Part 4 of the Workplace Health and Safety Regulations 1998
1
2
7. Schedule 6 amended (Transitional and Savings Provisions)
Clause 3 of Schedule 6 to the Principal Regulations is amended by omitting "12" and substituting "24".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 29 June 2005
These regulations are administered in the Department of Infrastructure, Energy and Resources.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Building Regulations 2004 by –(a) inserting requirements relating to the identification and removal of asbestos in respect of buildings that are being demolished or removed; and(b) varying, for certain buildings, the requirements regarding the display of annual maintenance statements; and(c) extending the period during which certain places of assembly are exempt from the requirement to have a new occupancy permit.