Building Amendment Regulations 2007
I, the Governor 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 .
25 June 2007W. J. E. COX
Governor
By His Excellency's Command,
STEVEN KONS
Minister for Justice and Workplace Relations
These regulations may be cited as the Building Amendment Regulations 2007 .
These regulations take effect on 1 July 2007.
In these regulations, the Building Regulations 2004 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3(1) of the Principal Regulations is amended by inserting after the definition of Food Premises Verification Analysis the following definition:GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
5. Regulation 14 amended (Reporting authorities)
Regulation 14 of the Principal Regulations is amended by inserting after paragraph (a) the following paragraph:(ab) in the case of building work to be undertaken by an owner builder, the Director;
6. Regulation 15A inserted
After regulation 15 of the Principal Regulations , the following regulation is inserted in Part 3:15A. Required report from Director
(1) If an owner builder makes an application to a building surveyor for a certificate of likely compliance for building work, the building surveyor is to forward copies of the following documents to the Director:(a) a request, in an approved form, for a report from the Director in accordance with subregulation (2) ;(b) a copy of a signed and completed owner builder statement in accordance with section 24(1) of the Act;(c) a copy of the title of the land on which the proposed building work is to be undertaken.(2) The report of the Director, being the reporting authority under section 63 of the Act, to the building surveyor is to –(a) be in writing; and(b) state whether or not, in the opinion of the Director, a person is entitled to be an owner builder for the proposed building work; and(c) state the number of buildings, as specified in the register of owner builders kept in accordance with section 278(3)(b) of the Act, that the owner builder has previously built.(3) A building surveyor is not to grant a certificate of likely compliance in relation to proposed building work if the report provided to the building surveyor under subregulation (2) states that, in the opinion of the Director, a person is not entitled to be an owner builder for the proposed building work.(4) If, when making a report to a building surveyor, the Director is of the opinion that a person is not entitled to build a building as an owner builder, the Director is to notify the person in writing of that fact.(5) The notification by the building surveyor required by section 63(5) of the Act is to be made within the specified period.
7. Regulation 18 amended (Granting of building permits)
Regulation 18(1) of the Principal Regulations is amended by inserting after paragraph (e) the following paragraph:(ea) in the case of an application by an owner builder, the following documents have been obtained:(i) a copy of the certificate of likely compliance issued for the building work that is the subject of the application;(ii) a copy of a signed and completed owner builder statement in accordance with section 24 of the Act;
8. Regulations 53A , 53B and 53C inserted
After regulation 53 of the Principal Regulations , the following regulations are inserted in Part 8:53A. Application fee for building practitioner accreditation
(1) The fee payable to the Director by a person who makes an application to the Director for accreditation under section 26(1) of the Act is 120 fee units.(2) The fee prescribed under this regulation is exempt from GST.53B. Annual building practitioner accreditation fee
(1) The fee payable to the Director by an accredited building practitioner, who is not also an architect as defined in the Architects Act 1929 , for the issue of a certificate of accreditation under section 27 of the Act is 240 fee units.(2) The fee payable to the Director by an accredited building practitioner, who is also an architect as defined in the Architects Act 1929 , for the issue of a certificate of accreditation under section 27 of the Act is 195 fee units.(3) The person liable to pay a fee under subregulation (1) or (2) is to pay that fee to the Director –(a) on the issue of the certificate of accreditation; and(b) on each 12-month anniversary of that accreditation while the accreditation remains in force.(4) The fees prescribed under this regulation are exempt from GST.53C. Replacement certificate of accreditation
(1) An accredited building practitioner may apply to the Director for the replacement of a certificate of accreditation previously issued under section 27 of the Act.(2) An application must be –(a) in an approved form; and(b) accompanied by a replacement fee of 40 fee units.(3) The Director is to issue a replacement certificate of accreditation if he or she is satisfied that the applicant is eligible and has complied with this regulation.(4) The fee prescribed under this regulation is inclusive of GST.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 28 June 2007
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Building Regulations 2004 by –(a) requiring the Director to provide a report, as a reporting authority, to a building surveyor following the application by an owner builder for a certificate of likely compliance from the building surveyor; and(b) specifying the procedures to be followed by the Director, in his or her capacity as a reporting authority, in preparing and providing such a report to a building surveyor; and(c) prescribing the fees payable in respect of accredited building practitioners.