Page 929 - Week 03 - Thursday, 10 April 2014
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This bill I present today proposes editorial, technical, consequential and minor policy amendments to the Building Act, Building (General) Regulation, Planning and Development Act, Planning and Development Regulation, Unit Titles Act and Utilities Act.
The bill responds to needs identified by the Environment and Sustainable Development Directorate and parliamentary counsel and includes minor policy, technical and editorial amendments. The bill includes eight minor policy amendments which I will seek to briefly outline today.
Clauses 4 and 5 of the bill amend section 50 of the Building Act. This amendment restores the intended operation of this section.
Section 50 of the Building Act previously imposed a broader obligation on certifiers to inform the Construction Occupations Registrar of any contraventions of the Building Act. In 2007, amendments to the Building Act removed this general obligation to report on contraventions of the act.
The intention of this amendment was to narrow the certifier’s role to their functions under the Building Act that relate to certifier and building work. Essentially the amendments make certifiers responsible for notification of building work that did not comply with a DA issued under the Planning and Development Act.
In light of experience this adjustment appears to have gone too far in that it had the effect of removing certain arguably important obligations on certifiers relating to the certifier and building work. These obligations were an important aspect of the role of the certifier as the front-line regulator of building work. The bill therefore amends section 50 to restore these obligations on certifiers.
A certifier will be required to inform the Construction Occupations Registrar of any contravention of the Building Act relating to building work, stop and demolition notices and occupation and use of buildings which comes to the certifier’s attention. The bill amends section 50 to provide that a certifier commits an offence if they do not tell the Construction Occupations Registrar about a contravention of part 3 of the Building Act, which relates to those matters.
The certifier also commits an offence if he or she does not tell the Construction Occupations Registrar about conduct that they reasonably believe may be an offence under section 76, which relates to occupation and use of buildings, section 77, which relates to use of buildings that is restricted and 78, which relates to occupation and use of ex-government buildings.
Clause 12 of the bill amends section 298 of the Planning and Development Act. This section applies to the transfer of land that is subject to a building and development provision. This section prohibits the transfer of a new crown lease before the developer has complied with building and development requirements in that lease. This section contains some exceptions.
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