Building Control Act 1981 - Australasian Legal Information ... · Building Control Act 1981 No. 9720 An Act to consoUdate and amend and ... rack-rent would be entitled to receive

1959

A N N O T R I C E S I M O

ELIZABETHAE SECUNDAE REGINAE

VICTORIA

Building Control Act 1981

No. 9720

An Act to consoUdate and amend and make further Provision for the Law relating to Building, to provide for the better Regulation of Building, to establish a Division of Building Control, a Building Control Technical Advisory Council, a Building Control

Accreditation Authority, a Plumbers Gasfitters and Drainers Registration Board, a Building Qualifications

Board and Building Referees Boards, to amend the Health Act 1958, the Housing Act 1958, the Labour and Industry Act 1958, the Local Government Act 1958 and

other Acts and for other purposes. [Assented to 12 January 1982]

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART L—PRELIMINARY 1. (1) This Act may be cited as the Building Control Act 1981. short otie, (2) The several provisions of this Act (except the several items commenco.

in the Schedule) shall come into operation on the day or on the """• respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

2. This

1960 1981 Building Control No. 9720

Division into 2. This Act is divided into Parts and Divisions as follows: Parts and

°' ' ""»- Part I.—Preliminary ss. 1-5. Part II.—Administration ss. 6-14.

Division 1—Director of Building Control ss. 6-9.

Division 2—Building Control Technical Advisory Council ss. 10-14.

Part III;—Building Regulations ss. 15-44. Division 1—Introductory ss. 15-17. Division 2—Building Approval ss. 18-24. Division 3—Building Regulations ss. 25-30. Division 4—Dwellings Unfit for Human

Habitation ss. 31-44. Part IV.—Building Referees Boards ss. 45-64. Part V.—Accreditation ss. 65-84. Part VI.—^Plumbers Gasfitters and Drainers Registration

Board ss. 85-110. Part VII.—Building Qualifications Board ss. 111-130. Part VIII.—Fire Protection in Existing Buildings

ss. 131-144. Part IX.—Protection of Adjoining Property ss. 145-159. Part X.—Enforcement and Miscellaneous Provisions ss.

160-179.

Repeal. 3 . (1) T h e scvcral i tcms in the Schcdulc shall comc in to Operation Schedule. Q^ [\^Q J a y or on the respective days to be fixed by p roc l ama t ion o r

successive proclamations of the Governor in Council published in the Government Gazette.

(2) On the coming into operation of an item in the Schedule, the Act referred to in that item to the extent to which it is in that item expressed to be amended or repealed shall be amended or repealed accordingly.

s.nving. (3) Except as in this A c t expressly o r by necessary impl ica t ion provided—

{a) all persons things and circumstances appointed or created by or under any Act which is amended or repealed by this Act or existing or continuing under any such Act immediately before the commencement of the item in the Schedule amending or repealing that Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if that Act had not been so amended or repealed;

{b) in


(b) in particular, and without affecting the generality of paragraph (a), the amendment or repeal shall not disturb the continuity of status operation or effect of any order resolution declaration award modification registration direction proceeding appeal appointment application determination consent approval disapproval certificate permit licence guarantee contract policy record report objection prohibition condition notice fee liability or right made commenced effected issued granted given entered into presented passed fixed accrued incurred or acquired or existing or continuing by or under any Act which is amended or repealed by this Act before the commencement of the item in the Schedule amending or repealing that Act.

(4) Except as in this Act expressly provided, any regulation or by-law made under any power to make regulations or by-laws which has been repealed pursuant to sub-section (2) shall until revoked by regulations or by-laws made under this Act continue in force and have the same operation and effect as if it were made under this Act.

4. The objects of this Act are— objecu.

(a) to consolidate and amend the existing law relating to building in Victoria;

(6) to provide for the better regulation of building and to improve standards of building;

(c) to facilitate and expedite the processing of applications for building approval;

(d) to provide for the accreditation of materials methods of construction designs and components;

(e) to provide for the better regulation of plumbers gasfitters and drainers; and

( / ) to provide for the regular review of the provisions of this Act and the regulations made under this Act.

5. In this Act unless inconsistent with the context or interpretauon. subject-matter—

"Accredited" in relation to a material, method of construction, "Accredited."

design or component means a material, method of construction, design or component in respect of which a certificate of accreditation granted under Part V. is in force.

"Adjoining


"Adjoining property."

"Alteration."

"Authorized."

"Building."

"Building approval."

"Building regulations.'

"Building surveyor""

"Building work."

"Chief officer."

"Construct."

"Co-ordlnator."

"Adjoining property" means real property (including any street) contiguous to the site on which building work is to be carried out or which is so situated in relation to the site on which building work is to be carried out as to require protection.

"Alteration" includes addition and extension and "alter" has a corresponding interpretation.

"Authorized" means authorized whether generally or in any particular case.

"Building" includes part of a building and also includes structure, temporary building, teniporary structure and any part thereof.

"Building approval" means an approval granted under this Act to construct demolish or remove any building.

"Building regulations" means regulations made or deemed to have been made under Division 3 of Part III.

"Building surveyor" mearis the building surveyor of a municipality appointed pursuant to section 158 of the Local Government Act 1958.

"Building work" means work for or in connexion with the construction demolition or removal of a building.

"Chief officer" in relation to any building within the metropolitan fire district as constituted by or under the Metropolitan Fire Brigades Act 1958 means the chief fire officer of the Metropolitan Fire Brigades under that Act or any person appointed by him to be his deputy for the purposes of this Act and in relation to any building outside the metropolitan fire district means the chief officer of the Country Fire Authority under the Country Fire Authority Act 1958 or any person appointed by him to be his deputy for the purposes of this Act.

"Construct" in relation to a building, includes— (a) to build, re-build, erect or re-erect the building; (b) to repair the building; (c) to make alterations to the building; (d) to enlarge or extend the building; and (e) to place or relocate the building on land— and "construction" has a corresponding interpretation.

"Co-ordinator" means the Development Approvals Co-ordinator or Development Approvals Co-ordinating Committee of a municipality nominated or appointed pursuant to section 18.

'Council"

1981 Building Control No. 9720 1963

"Council" means the council of a municipality and in relation " Council."

to any building or land means the council of the municipal district in which that building or land is situated.

"Director" means the Director of Building Control "Director."

appointed under Part II.

"Dwelling" means a building used or intended for use as a "Dwelling." separate residence.

"Health surveyor" means an inspector appointed by a council "Health under section 31 of the Health Act 1958. surveyor.-

"Municipality" means municipality within the meaning of "Municipality.-the Local Government Act 1958 and includes the city of Melbourne and the city of Geelong.

"Owner" in respect of any land or building means the person "owner." for the time being entitled (whether on his own account or as the agent of or as trustee for any other person) to receive, or who if the same were let to a tenant at a rack-rent would be entitled to receive the rack-rent thereof.

"Prescribed" means prescribed by this Act or by regulations "Prescribed." made under this Act.

"Protection" means the provision of permanent or temporary "Protection." works of underpinning or shoring up or overhead protection, or other works designed to maintain the stabiUty of adjoining property or to protect adjoining property from damage from building works.

"Public authority" means any body (whether corporate or "PubUc unincorporate other than a government department °""'°""'y-" or a municipality or the council of a municipality) constituted under any Act for a public purpose.

"Relevant authority" in relation to an application for "Relevant building approval means any public authority council au*ority." body or person who or which has power under the building regulations to consent to the application.

"Street" includes road, highway, carriageway, lane, footway, square, court, alley and right of way.

"Technical Advisory Council" means the Building Control Technical Advisory Council established under Part II.

"Underpinning" means the provision of support (including vertical support, lateral support and protection against variation in earth pressures) for adjoining property.

"Street."

"Technical Advisory Council."

"Underpinning."

PART


PART II.—ADMINISTRATION

DIVISION 1—DIRECTOR OF BUILDING CONTROL

Divhion of 6, (1) For the purposes of this Act there shall be a Division contfof within the Local Government Department to be known as the

Division of Building Control. (2) Subject to the Public Service Act 1974 there shall be a

Director of Building Control. (3) Subject to the direction and control of the Secretary for

Local Government, the Director shall be responsible for the general administration of this Act.

(4) The functions of the Director shall be— (a) to co-ordinate the preparation of draft regulations under

this Act; (b) to advise the Minister in relation to regulations proposed

to be made under this Act; (c) to promote research into building matters; (d) to liaise with municipalities in relation to their functions

under this Act or any regulations made under this Act; (e) to liaise with the building industry and with other

interested groups or bodies in relation to building matters;

( / ) to publish reports and disseminate information on building matters;

(g) to carry out periodic reviews of the provisions of this Act and the regulations made under this Act;

(h) to report upon any particular matters in relation to building control whenever so required by the Minister; and

(/) generally to carry out any other function or duty given to or imposed on him by or under this Act.

(5) In carrying out his functions under this Act, the Director shall—

(a) take into account the possible effect of the building regulations on the costs of construction of buildings; and

(b) ensure that as far as possible the building regulations are uniform with the building regulations of the other States.

(6) Subject to this Act, the Director has power to do all things necessary or convenient to be done for or in connexion with the performance of his functions under this Act.

Agpotatment of 7. (1) Subject to the Public Service Act 1974 there shall be ""• appointed one or more departmental building surveyors and such

other officers and employes as are necessary for the proper administration and enforcement of this Act.

(2) A person


(2) A person shall not be appointed as a departmental building surveyor pursuant to sub-section (1) unless he is the holder of a certificate of qualification as a building surveyor issued by the Building Qualifications Board in accordance with Part VII.

(3) The functions of a departmental building surveyor shall be— {a) to assist councils and their officers in ensuring proper

observance of the building regulations; (6) to report to the Director as to the manner in which the

building regulations are administered by councils; (c) to perform such other duties as the Director directs; and {d) to make such inspections as may be necessary to carry

out the functions set out in paragraphs {a) {b) and (c). (4) For the purpose of carrying out his functions under this Act,

a departmental building surveyor shall have power to examine any drawings specifications letters or documents held by a municipality.

Committees. 8. (1) The Minister, after consultation with any appropriate Advisory •» ^' • t 1 T^ ' 1 1- I A 1 • Comtnittet

Mmister and the Director, may establish one or more Advisory Committees to—

{a) assist the Director in preparing draft building regulations; and

{b) advise the Director on matters referred to them by the Director.

(2) An Advisory Committee established under sub-section (I) shall consist of a chairman being the Director or a person nominated by him and such other persons appointed by the Minister as the Minister thinks fit.

(3) The Minister, on the recommendation of the Minister of Water Supply, shall establish an Advisory Committee to assist in the preparation of draft building regulations relating to water supply and sewerage.

(4) An Advisory Committee established under sub-section (3) shall consist of such persons (one of whom shall be appointed as chairman) nominated by the Minister of Water Supply as the Minister may appoint.

(5) The Minister may establish a special Advisory Committee to advise the Minister with respect to draft building regulations referred to it by the Minister to ensure that those regulations—

{a) are expressed as simply as possible; (b) assist in achieving the objects of this Act to the extent

that the objects relate to the building regulations; and (c) are not too onerous in their application to the community.

(6) An


(6) An Advisory Committee established under sub-section (5) shall consist of—

{a) the Director or a person nominated by him (who shall be chairman);

(b) such persons representing the views of the community as the Minister may appoint; and

(c) such members of the Technical Advisory Council as the Minister may appoint.

(7) The Minister may at any time remove from office any member of an Advisory Committee established under this section whom he has appointed.

(8) Any member of an Advisory Committee appointed by the Minister may resign his office by writing signed by him and delivered to the Minister.

(9) A member of an Advisory Committee not being a person employed by or on behalf of the Crown or any public authority or municipality shall receive such fees as are from time to time fixed by the Governor in Council.

(10) A member of an Advisory Committee shall receive such travelling and other allowances as are from time to time fixed by the Governor in Council.

(11) An Advisory Committee may regulate its own proceedings.

Consultation. 9. (1) Any person or body shall be entitled at any time to advise the Director of any matters which he or it considers should be included in the building regulations and of any amendments which he or it considers should be made to those regulations.

(2) The Director may from time to time, and shall at the request of the Minister, report to the Minister and the Technical Advisory Council on any matters of which he is advised under sub-section (1).

(3) The Director shall take into account any advice given under sub-section (1) in determining whether to prepare draft building regulations or to amend draft building regulations in preparation.

(4) The Director shall forward a copy of any draft building regulations prepared under this Act to the Technical Advisory Council for preliminary consideration.

(5) The Director shall forward a copy of any draft building regulations prepared under this Act for comment to—

{a) every government department; {b) every public authority to which the Minister directs that

the regulations be sent; (c) every council; {d) the Municipal Association of Victoria; and

(e) every

1981 Building Control No. 9720

(e) every other person or body to whom or which the Minister directs that the draft building regulations be sent.

(6) The Director shall not proceed with any draft building regulations under this section until six weeks have elapsed after the draft regulations are forwarded for comment under sub-section (5).

(7) Where, after considering the comments (if any) received under sub-section (5), the Director decides to proceed with the draft building regulations (with or without amendment) he shall forward copies of the draft building regulations, together with any comments received, to the Technical Advisory Council.

(8) The Technical Advisory Council shall consider any draft building regulations and comments forwarded to it under sub-section (7) as soon as practicable after receiving them and shall advise the Minister as to whether and in which form the draft building regulations should be made.

(9) The provisions of sub-sections (5), (6), (7) and (8) shall not apply in any case where the Minister certifies in writing—

(a) that the draft building regulations are of a minor or procedural nature;

(b) that the draft building regulations are designed only to consolidate and replace existing regulations and contain no new matter and do not alter in substance the regulations to be consolidated;

(c) that the draft building regulations are designed only to revoke (whether wholly or partially) or amend (whether by the insertion of words or expressions therein or the substitution of other words or expressions for words or expressions therein) regulations or purported regulations which appear to the Minister to contain a provision or provisions not authorized by the power to make regulations contained in Division 3 of Part III. at the time at which the regulations were made or purport to have been made or to correct an obvious error or omission contained in regulations made under that Division; or

{d) that it is appropriate that the draft building regulations be made without delay.

(10) A building regulation shall not be invalidated or affected by reason only of a failure to comply with sub-section (5) with respect to that regulation.

DIVISION 2—BUILDING CONTROL TECHNICAL ADVISORY COUNCIL

10. (1) For the purposes of this Act there shall be established Building a Council to be known as the Building Control Technical Advisory Technical

Council. SiifeT (2) The

1967


Funcuont. (2) The functions of the Technical Advisory Council shall be—

{a) to advise the Minister with respect to all draft building regulations;

(b) to ensure that the draft building regulations— (i) are expressed as simply as possible;

(ii) comply with the objects of this Act to the extent that the objects relate to the building regulations; and

(iii) extend no further than is required in the public interest;

(c) to investigate and report to the Minister on any matter referred to it by the Minister for report; and

{d) generally to carry out any other function or duty given to or imposed on it by or under this Act.

xSThS'"" "^ 11- ( 0 The Technical Advisory Council shall consist of ten counSP' members appointed by the Governor in Council of whom—

(a) one shall be the person for the time being holding the office or performing the functions of the Director (who shall be chairman);

(6) one shall be a building surveyor with experience in building in an urban area and who is nominated by the Minister in accordance with sub-section (2);

(c) one shall be a building surveyor with experience in building in a rural area and who is nominated by the Minister in accordance with sub-section (2);

{d) one shall be a practising architect nominated by the Minister in accordance with sub-section (2);

(e) one shall be a practising engineer nominated by the Minister in accordance with sub-section (2);

( / ) one shall be a person with experience in plumbing and who is nominated by the Minister of Water Supply in accordance with sub-section (2);

{g) one shall be a person with experience in the building industry and who is nominated by the Minister in accordance with sub-section (2);

{h) one shall be a person with experience in the housing industry and who is nominated by the Minister of Housing in accordance with sub-section (2);

( I ) one shall be a health surveyor nominated by the Minister of Health in accordance with sub-section (2); and

0 ) one


(j) one shall be a person with experience in local government and who is nominated by the Minister after consideration of panels of names submitted to him under this section by councils and by bodies concerned with local government.

(2) Each person referred to in paragraphs (b) to ( / ) (both inclusive) of sub-section (1) shall be nominated by the appropriate Minister after consideration of panels of nafnes submitted to him by bodies concerned or interested in building.

(3) Where there is or is about to be a vacancy in the office of a member of the Technical Advisory Council referred to in paragraphs (b) to (j) (both inclusive) of sub-section (I) (whether or not an appointment has previously been made to that office) the Minister concerned shall by notice published in a newspaper generally circulating throughout Victoria, invite, as the case requires, councils and appropriate bodies to submit to him in writing within such period as is specified in the notice, panels each of not less than three names of persons eligible to be appointed as members of the Technical Advisory Council.

(4) Where sufficient panels of names are not submitted under sub-section (3) within the specified period, the Minister concerned may without that submission nominate an otherwise eligible person to fill that vacancy.

(5) For the purposes of this Part, the members of the Technical Advisory Council appointed under sub-section (1) shall be known as permanent members.

(6) Where the Minister is of the opinion that a person or body has a direct interest in any draft building regulations prepared under this Act, he may appoint that person or a person nominated by that person or body (as the case may be) to be a member of the Technical Advisory Council in addition to the permanent members and any person appointed under this sub-section shall be known as a co-opted member.

(7) A co-opted member shall be a member of the Technical Advisory Council only for the purposes of the consideration and determination by the Technical Advisory Council of any matter of direct concern to that person or the person or body he represents.

(8) Where any dispute arises as to whether a co-opted member is competent to vote on any matter, the decision of the chairman shall be final.

(9) Subject to this Part, a permanent member of the Technical Advisory Council appointed by the Governor in Council shall hold office for such period not exceeding three years as is specified in the instrument of his appointment but shall be eligible for re-appointment.

(10) Subject ,

jc,7o 1^81 Building Control N o . 9720

(10) Subject to this Part, a co-opted member of the Technical Advisory Council shall be appointed for such period as is specified in the instrument of his appointment but shall be eligible for re-appointment.

(11) The Governor in Council may at any time remove from office a member of the Technical Advisory Council whom he has appointed.

(12) The Minister may at any time terminate the appointment of a co-opted member of the Technical Advisory Council.

(13) A member of the Technical Advisory Counci l appo in ted by the Gove rno r in Counci l may resign his office by writ ing signed by h im and delivered to the G o v e r n o r in Counci l .

(14) A co-opted member m a y resign from the Technical Advisory Counci l by writ ing signed by h im and delivered to the Minis ter .

(15) In the case of the illness or absence of a member appointed by the Governor in Council or in the case of a vacancy in the office of that member the Minister concerned may, subject to this section, appoint a person to act as the deputy of that member during that illness or absence or until that vacancy is filled (as the case may be) and the deputy may exercise the powers and perform the duties of that rnember accordingly.

(16) In the case of the illness or absence of a co-opted member, the Minister may, subject to this section, appoint a person to act as the deputy of that member during that illness or absence and the deputy may exercise the powers and perform the duties of that member accordingly.

(17) A member of the Technical Advisory Counci l shall no t in respect of his office as member be subject to the Public Service Act 1974.

(18) Subject to the Public Service Act 1974, there shall be appoin ted a secretary to the Technical Advisory Counci l .

Fees. 12. (1) A member of the Technical Advisory Counci l no t being a person employed by or on behalf of the C r o w n or any publ ic au thor i ty o r municipal i ty shall receive such fees as are from t ime to t ime fixed by the G o v e r n o r in Counci l .

(2) A m e m b e r of the Technical Advisory Counci l shall receive such travelling and other allowances as are from time to time fixed by the Governor in Council.

Meetings. 13. (1) The chairman shall preside at a meeting of the Technical Advisory Council at which he is present, and if he is not present at a meeting the permanent members present shall elect one of their number to preside at the meeting.

(2) Five


(2) Five permanent members of the Technical Advisory Council shall constitute a quorum.

(3) Subject to the presence of a quoruim the Technical Advisory Council may act notwithstanding any vacancy in its membership.

(4) A question arising at a meeting of the Technical Advisory Council shall be determined by a majority of the votes of the permanent members of the Technical Advisory Council present and voting and in the event of an equality of votes the person presiding shall have an additional or casting vote.

(5) An act or decision of the Technical Advisory Council is not invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member of the Council or, in the case of a person appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased.

(6) The Technical Advisory Council shall meet at such times and places as are fixed by the chairman.

(7) Subject to this Part the Technical Advisory Council may regulate its own proceedings.

14. If any permanent member appointed by the Governor i n Vacancies. Council—

(a) is absent without permission of the Technical Advisory Council from four consecutive meetings of the Technical Advisory Council;

(b) becomes bankrupt or his property becomes in any manner subject to control under the law relating to bankruptcy;

(c) is convicted of an indictable offence or of an oflFence which, if committed in Victoria, would be an indictable offence;

(d) becomes incapable of performing the duties of his office; (e) is removed from office or resigns his office; or ( / ) d i e s -

his office as a member of the Technical Advisory Council shall become vacant.

PART III.—BUILDING REGULATIONS

DIVISION 1—INTRODUCTORY

15. Save as otherwise expressly provided in this Act or the Administration building regulations, the administration and enforcement of this ° "*-Part and the building regulations within any municipal district shall be carried out by the council of that municipality.

16. (1) Subject


Administration outside municipal district.

16. (1) Subject to this section, the administration and enforcement of this Part and Parts VIII. and IX. and the building regulations in any area not being part of a municipal district shall be carried out by such person or body as the Minister directs and in accordance with the directions of the Minister.

(2) After consultation with the councils concerned, the Minister may by notice published in the Government Gazette direct that this Part and Parts VIII. and IX. and the building regulations shall be administered and enforced in an area declared under section 851A of the Local Government Act 1958 to be an alpine resort by the Minister or public authority controlling the alpine resort as if the Minister or authority were a council and as if any lands of the Crown in that area which are occupied under lease, licence, or other authority from the Crown or from any public authority were the property of the lessee, licensee, or occupier for the time being of those lands.

(3) A Minister or public authority administering the provisions of this Part and Parts VIII. and IX. and the building regulations in any area pusuant to sub-section (1) or sub-section (2) and the officers of the relevant government department or public authority shall for the purpose of administering and enforcing those provisions have all the powers and duties of a council and its officers under this Part and Parts VIII. and IX., and the building regulations and in relation to the administration and enforcement of the relevant Parts and the building regulations those provisions shall be read and construed as if—

{a) any reference to a council includes a reference to a Minister or public authority; and

{b) any reference to a building surveyor, health surveyor, Co-ordinator or other officer employed or appointCvl by a council includes a reference to a building surveyor, health surveyor, Co-ordinator or other officer employed or appointed by a government department or public authority.

Application to Crown,

17. (1) The building regulations—

{a) shall apply in relation to building work carried out or proposed to be carried out by or on behalf of a government department public authority or council (whether or not in relation to a Crown building) as they would apply if the body by or on behalf of which the work was or is being carried out were not a government department public authority or council; and

{b) so


{b) so far as they contain continuing requirements, shall apply to government departments public authorities and councils (whether or not in relation to Crown buildings) as they apply to bodies which are not government departments public authorities or councils.

(2) Government departments public authorities and councils shall not be required to apply for or obtain building approval for any building work but shall nevertheless comply with any requirements of this Act and the building regulations relating to the lodging of drawings specifications documents and other information in respect of the building work as if building approval were required.

(3) Drawings and specifications shall not be lodged pursuant to sub-section (2) unless a qualified building surveyor, after making due inquiries and obtaining all necessary reports, has certified the drawings or specifications (as the case may be) to the effect that they comply with the requirements of the building regulations.

(4) Government departments public authorities and councils shall not in respect of any building work carried out by themselves or on their behalf be liable to pay any fees or other charges prescribed in the building regulations.

(5) Notwithstanding anything in this Act or the building regulations, the building surveyor or other officer of a municipality shall not be required to inspect any building work being carried out by or on behalf of a government department public authority or council either during construction demolition or removal or on completion of the building work.

(6) Nothing in this section shall require any government department public authority or council to comply with any by-laws made under a power conferred by a regulation made under paragraph (x) of sub-section (1) of section 26.

(7) In this section "qualified building surveyor" means a person holding a certificate of qualification as a building, surveyor issued by the Building Qualifications Board in accordance with Part VII.

DIVISION 2—BUILDING APPROVAL

18. (1) For the purposes of this Act and the building regulations, coordinator, the council of every municipality shall forthwith upon the commencement of this section—

(a) appoint a person or nominate an officer of the council to be the Development Approvals Corordinator; or

{b) nominate a committee of officers of the council to be the Development Approvals Co-ordinating Committee.

(2) Any

approval.


(2) Any person who is appointed as the Development Approvals Co-ordinator under sub-section (1) shall be deemed to have been appointed as an officer of the council pursuant to section 158 of the Local Government Act 1958.

Functions. 19. Subjcct to the direction of the council, the Co-ordinator shall be responsible for co-ordinating facilitating and expediting the processing of applications for building approval and for providing assistance and advice to applicants for building approval.

fnnmv* ^^- (^) Evciy appUcation for approval to construct demolish or remove a building pursuant to this Act and the building regulations shall be made to the Co-ordinator.

(2) An application for building approval under this section shall be made by the owner of the land or building concerned or his agent.

(3) Every application for building approval under this section shall—

{a) be in the prescribed form containing the prescribed particulars; and

ib) be accompanied by— (i) such other documents drawings specifications

and information as the Co-ordinator reasonably requires;

(ii) such reasonable number of copies of the application and of all documents, drawings, specifications and information lodged with the application as the Co-ordinator requires; and

(iii) the prescribed fee.

(4) An applicant may lodge with an application under this section any consent which has been obtained from a relevant authority with respect to the building work which is the subject of the application within the period of twelve months immediately preceding the lodging of the application.

(5) A consent shall not have any force or effect under this section if it was granted more than twelve months prior to the lodging of the application.

(6) At the time of lodging an application, an applicant may state that he wishes to obtain the consents of specified relevant authorities to the application himself and if the Co-ordinator agrees to this course of action, the applicant may apply for and forward to the Co-ordinator any consent of a relevant authority so specified.

(7) The Co-ordinator shall cause the applicant to be advised within fourteen days of the lodging of the application if any further information is required with respect to the application.

(8) Where


(8) Where further information is supplied by the applicant the application shall, for the purposes of this Act and the building regulations, be deemed to have been lodged on the date on which the further information was received by the Co-ordinator.

(9) The Co-ordinator shall forthwith upon the lodging of an application under this section cause copies of the application and any accompanying documents, drawings, specifications and information which he considers appropriate to be forwarded to every relevant authority.

(10) Notwithstanding sub-section (9), where a consent has been lodged under sub-section (4) and the Co-ordinator is satisfied that the relevant authority has consented to the building work which is the subject of the application—

(a) the Co-ordinator is not required to forward the application to the relevant authority; and

{b) the relevant authority shall be deemed to have consented to the application.

(11) Notwithstanding sub-section (9) the Co-ordinator is not required to forward an application to a relevant authority if the applicant has stated under sub-section (6) that he will obtain the consent of that relevant authority himself.

(12) Every relevant authority to which an application is referred under sub-section (9) shall advise the Co-ordinator within 21 days of the date on which the application was lodged with the Co-ordinator (or such other period as may be prescribed in respect of buildings of that class) of its—

{a) consent to the application; or {b) refusal of consent and reasons for that refusal.

(13) Where under the building regulations a relevant authority is authorized to stipulate conditions or requirements with respect to an application, any consent by that authority to that application shall be given subject to those conditions or requirements (if any).

(14) If the Co-ordinator has not received a consent or refusal of consent from a relevant authority to which an application was referred under sub-section (9) within 21 days of the date on which the application was lodged (or such other period as may be prescribed in respect of buildings of that class), the relevant authority shall be deemed to have consented to the application.

(15) The Co-ordinator shall not grant building approval in respect of an application unless every relevant authority has consented to the application or has been deemed by virtue of this section to have consented to the application.

(16) Where

1975

j ^ ^ g 1981 Building Control No. 9720

(16) Where all consents required to be obtained in respect of an application have been received or deemed to have been received by the Co-ordinator and any other requirements of this Act and the building regulations with respect to the application have been complied with, the Co-ordinator shall grant building approval in respect of the application within seven days of the receipt or deemed receipt of the last consent.

(17) Where in accordance with sub-section (13) and the building regulations, a relevant authority has stipulated conditions or requirements with respect to an application, any building approval granted in respect of that application shall be granted subject to those conditions or requirements.

(18) Where any relevant authority has refused its consent to an application, the Co-ordinator shall refuse the application and cause the applicant to be advised forthwith of that refusal stating the reasons given for that refusal.

(19) Notwithstanding sub-section (18), if within three months after having advised the Co-ordinator of its refusal of consent, a relevant authority informs the Co-ordinator in writing of its consent to the application, the provisions of sub-section (16) shall apply as if the consent was received within 21 days of the lodging of the application with the Co-ordinator or such other period as may be prescribed in respect of buildings of that class.

(20) Any building work done pursuant to a building approval granted under this section shall comply with this Act and the building regulations and with any conditions or requirements imposed in accordance with the building regulations.

(21) Building approval under this section may be— (a) provisional building approval; (b) building approval for the whole of the building work; or (c) building approval for a stage of building work.

(22) A person shall not act as the agent of an owner under this section unless he is authorized in writing by the owner to do so.

Penalty: 5 penalty units. (23) Nothing in sub-section (22) shall require the Co-ordinator

to inquire as to whether an agent is acting under this section under the written authority of the owner.

co-br<un.tor 21. The Co-ordinator shall from time to time at the request of council! the council, report to the council on the carrying out of his functions

and duties under this or cry other Act and shall in particular report with respect to any requests for further information made under sub-section (7) of section 20 and refusals of building approval under sub-section (18) of section 20.

22. (1) Where


22. (1) Where pursuant to this Part and the building regulations. Indemnity,

building approval is granted for the construction of a building on land liable to flooding, the council or public authority concerned and its officers shall not be liable for any loss or damage caused by flooding which is sustained, whether directly or indirectly, in consquence of the construction of that building in accordance with that approval.

(2) Where pursuant to the building regulations, a council exempts any particular building or class of buildings from all or any of the requirements of those regulations, the council and its officers shall not be liable for any loss or damage which is sustained, whether directly or indirectly, in consequence of the grant of that exemption.

23. (1) In this section and section 24, "construction", Building

"dwelling-house" and "approved guarantor" have the same fo'dMiarlSM*' meanings respectively as they have in Division 1A of Part XLIX. of t"'"* f '-hed. the Local Government Act 1958.

(2) Notwithstanding section 20, a Co-ordinator shall not grant building approval for the construction of a dwelling-house unless the applicant for the approval has furnished to the Co-ordinator a declaration made by him in a form prescribed under sub-section (4).

(3) A Co-ordinator shall include in any building approval granted in relation to the construction of a dwelling-house a statement to the effect that Division 1A of Part XLIX. of the Local Government Act 1958 applies and that the builder constructing the dwelling-house is required to comply with the requirements of that Division relating to the giving of guarantees or indemnities.

(4) The Governor in Council may make regulations prescribing forms of declaration for the purposes of sub-section (2) relating to the declaration to be made by an applicant for building approval for the construction of a dwelling-house as to—

(a) whether he is a builder who is recognized by an approved guarantor under Division 1A of Part XLIX. of the Local Government Act 1958 or who holds an approved insurance policy in respect of the construction of that dwelling-house;

(b) where he is not such a builder— (i) whether he proposes to construct the

dwelling-house; (ii) whether he has entered into a contract for the

construction of the dwelling-house; (iii) whether the dwelling-house is to be constructed

for his own occupation; and

(iv) whether

J978 1981 Building Control No. 9720

(iv) whether he believes that he is exempt from the operation of Division 1A of Part XLIX. of the Local Government Act 1958, and, if so, the reasons for that belief; and

(c) such other matters (if any) as the Governor in Council determines.

(5) Where there is false or misleading matter in a declaration made under this section, the person who made the declaration is, subject to sub-section (6), guilty of an offence.

(6) It is a defence to a prosecution of a person for an offence under sub-section (5) if the person proves that, when he made the declaration, he believed on reasonable grounds that the false matter was true or that the misleading matter was not misleading.

certi6cates 0/ 24. (1) Where a Co-ordinator receives notice in writing— occupancy, ^ ' °

(a) from a builder that he has completed the construction of a dwelling-house in the municipal district to a stage where it is suitable for occupation; or

(b) from an approved guarantor that such a dwelling-house has been completed to a stage where it is suitable for occupation—

the Co-ordinator shall notify the building surveyor of the municipality who shall cause an inspection to be made of the dwelling-house.

(2) If, after making an inspection under sub-section (1) and after making all due inquiries and obtaining all necessary reports, the building surveyor is satisfied that the dwelling-house is suitable for occupation he shall advise the Co-ordinator in writing to that effect and the Co-ordinator shall then cause—

(a) a certificate of occupancy to be issued to the owner of the dwelling-house; and

{b) a copy of the certificate to be forwarded to the builder or approved guarantor (as the case may be).

(3) The inspection of the dwelling-house shall be made within seven days of the receipt of the notice in writing under sub-section (1) (or such other period as may be prescribed) and the certificate of occupancy shall, subject to sub-section (4), be issued within seven days of the inspection of the dwelling-house (or such other period as may be prescribed).

(4) Where the building surveyor is not satisfied within the period prescribed for the issue of a certificate of occupancy in respect of a dwelling-house that the dwelling-house is suitable for occupation, he shall advise the Co-ordinator to that effect, and the Co-ordinator shall, within that period, give notice in the prescribed form to the builder or guarantor who gave notice under sub-section (1) in respect of the dwelling-house.

(5) A certificate

to buildings


(5) A certificate of occupancy issued under this section is only a certificate to the effect that a dwelling is suitable for occupation and is not and shall not be taken to be a certificate of compliance with the requirements of the building regulations.

(6) Nothing in sub-section (1), (2), (3) or (4) restricts or affects the making of regulations that are not inconsistent with those sub-sections for or in relation to certificates of occupancy in respect of dwelling-houses.

DIVISION 3—BUILDING REGULATIONS

I5. The Governor in Council may make regulations for or Reguiatiom as with respect to regulating or prohibiting the construction demolition and removal of buildings and any matters connected therewith and (without affecting the generality of the foregoing) for or with respect to—

(fl) prescribing standards (expressed in terms of performance, types of material, methods of construction or otherwise) in relation to any or all of the following building matters:

(i) Preparation of land for building work; (ii) Strength and stability; (iii) Fire precautions (including resistance to the

outbreak and spread of fire, the installation and maintenance of emergency lighting, the means of prevention and extinguishing of fire in or on buildings and land, the means of escape in the event of fire and the protection of occupants in the event of fire);

(iv) Resistance to moisture; (v) Resistance to the transmission of heat; (vi) Resistance to the transmission of sound;

(vii) Durability; (viii) Resistance to infestation;

(ix) Drainage, sewerage and water supply; (x) Ventilation (including the provision of open

space therefor); (xi) Natural lighting (including the provision of

open space therefor) and artificial lighting; (xii) Heating and air conditioning; (xiii) Services, installations and ancillary equipment

(including services, installations and ancillary equipment for the provision of water supply services to land or buildings or within buildings, for sanitary purposes, for sewerage and drainage, for the disposal of refuse, for

ventilation

1980 lî! Building Control No. 9720

ventilation or air-conditioning and for the conveyance of fumes smoke vapour or steam or heated water);

(xiv) Accommodation (including the minimum height or dimension of rooms and the provision of sanitary facilities and other facilities relating to health and amenity);

(xv) Access; and (xvi) Prevention of danger and obstruction;

(b) the classification of buildings into classes and the application or non-application to any buildings or classes of buildings of all or any of the provisions of any regulations;

(c) regulating or prohibiting the conversion of buildings of one class into buildings of another class;

(d) prescribing standards on non-compliance with which any dwelling may be declared under Division 4 to be unfit for human habitation or in a state of disrepair;

(e) regulating or prohibiting the use of specified materials (including materials used for insulation purposes or as floor or wall coverings);

( / ) the testing of building materials whether before during or after construction of a building and the methods to be used in the testing;

(g) connecting and dividing buildings; (h) the demolition removal and reconstruction of buildings; (z) the restoration and repair of buildings, alterations to

buildings and the maintenance of buildings; (j) the protection of adjoining property; (k) the siting of buildings including their height, location

and the proportion of open space to be provided around them;

( / ) prescribing the minimum area of land on which buildings may be constructed;

(m) the designation of fire zones and the establishment of registers of fire zones;

(«) regulating or prohibiting the construction of buildings on land liable to flooding;

(p) regulating or prohibiting the construction of buildings or the performance of building work in, on, over or under a public place;

(p) regulating or prohibiting the construction of advertising signs and hoardings and regulating the size and construction of those signs and hoardings;

{q) regulating


(q) regulating or prohibiting the construction of fixtures attached to or projecting from the outside of buildings;

(r) ruinous or dangerous buildings; (s) the construction and maintenance of floor, wall and roof

coverings and of finishes to buildings; (0 the safety of members of the public in relation to all

or any of the matters referred to in this section; and («) any matters or things authorized or required to be

prescribed for carrying into effect the purposes of this Part.

26. (1) Any regulation made under section 25 may— rovtsiom as (a) prescribe different standards for buildings of different «»regulations.

classes; (b) provide for buildings—

(i) constructed with materials, designs or components of such types or by such methods of construction as may be specified in the building regulations; or

(ii) constructed with accredited materials, designs or components or by accredited methods of construction—

to be deemed to satisfy the prescribed standards; (c) be made so as to be limited in respect of time, place

or circumstances having regard to the conditions existing in any area in which the regulation is to have effect;

(d) leave any matter or thing to be from time to time determined applied dispensed with or regulated by any government department council or public authority or any officer thereof;

(e) confer powers or impose duties in connexion with the building regulations on any government department council or public authority or on officers or on the owners or occupiers of lands buildings or premises or on builders or on any other persons;

( / ) confer power on a council to exempt any particular building or class of buildings from all or any of the' requirements of the building regulations;

(g) authorize or require the demolition opening or cutting into of any work to facilitate inspection for the purposes of the building regulations;

(A) require buildings constructed in whole or in part contrary to the provisions of any building regulation to be brought into conformity with the regulation, or

authorize


authorize or require the demolition or removal in whole or in part of buildings constructed in whole or in part contrary to any of the provisions of any building regulation or not demolished or removed as required by or under any building regulation;

( / ) require or provide for the sale or disposal of the materials of any buildings demolished or removed by or under the authority or direction of any council under the building regulations and for the application of the proceeds thereof in reimbursing the expenses of demolition or removal and in paying into the municipal or town fund any fees or penalties due by the owner thereof;

(j) prohibit the use or occupation of buildings constructed or converted otherwise than in accordance with the building regulations or constructed or converted for another use or occupation;

(fc) require any work or thing to be constructed or done of such materials within such time or in such manner as is directed or approved in any particular case by any government department council or public authority or by an officer thereof or by any person authorized by any government department council or public authority;

( / ) prescribe the time which may elapse between the granting of building approval and the commencement of the construction removal or demolition of a building and between the commencement and the completion of the construction removal or demolition of a building;

(m) provide for certificates of occupancy; («) prescribe fees which may be charged and received by

any council for any building approval granted under this Act or for any inspection made or other service provided under the building regulations by any officer of a council or of any public authority or government department;

(o) empower any government department council or public authority or an officer thereof or any person authorized by the government department council or public authority, without affecting the liability of any person to any penalty incurred by reason of a breach of the building regulations, to demolish remove or alter any building, work or thing constructed or being in breach of the building regulations and to recover all the expenses incurred in so doing and any fees or penalties due from that person by sale of the materials or otherwise;

(/?) provide

1981 Butiding Control No. 9720

(/>) provide for the practice and procedure in respect of applications notices orders or approvals under this Division and Division 2 and the building regulations, the conditions to be complied with and any matters for carrying the building regulations into effect;

{q) prescribe forms for use under the building regulations;

(/•) prescribe a penalty not exceeding— (i) in the case of a dwelling and the appurtenances

of a dwelling—10 penalty units; and (ii) in the case of all other buildings—100 penalty

units— for any breach of the building regulations;

{s) prescribe different penalties (including minimum penalties) in the case of successive convictions in respect of successive similar breaches of the building regulations, each such penalty not to exceed—

(i) in the case of a dwelling and the appurtenances of a dwelling—10 penalty units; and

(ii) in the case of all other buildings—100 penalty units;

(0 prescribe an additional daily penalty not exceeding— (i) in the case of the dwelling and the appurtenances

of a dwelling—1 penalty unit; and (ii) in the case of all other buildings—10 penalty

units— for any offence against the building regulations which is continued or repeated after a conviction or order of a court in relation to the offence;

(«) provide that in addition to any penalty any expenses incurred by any government department council or public authority in consequence of a breach of the building regulations or in the carrying out of any work directed by the building regulations to be carried out by any person and not carried out by him shall be paid by the person committing that breach or failing to carry out that work;

(v) provide that as a condition of the granting of building approval under this Act, there shall be deposited with the council concerned—

(i) a sum fixed by or determined in accordance with the building regulations; or

(ii) an undertaking to pay that sum together with a guarantee by the State Bank or any bank referred to in section 5 (1) of the Act of the

Commonwealth

1983


Commonwealth known as the Banking Act 1959 (as amended from time to time) which carries on business in Victoria for that sum—

to secure the complete and satisfactory carrying out of the work authorized by the building approval to be carried out and that that sum or part of that sum shall be forfeited or the person making the undertaking shall be required to pay that sum or part of that sum in the event of it being necessary for any council to incur any expenses in consequence of the breach of the building regulations or the failure to carry out the work satisfactorily and completely, and applied to defraying those expenses;

(w) authorize any council to carry out any work necessary to secure the complete and satisfactory carrying out of any work authorized by a building approval to be carried out and to apply any sum or part of any sum held or guaranteed under a regulation made under paragraph (v) towards defraying its expenses in so doing;

(;c) empower any council to make by-laws for or with respect to any matter left to be determined applied dispensed with or regulated by the council or any matter in respect of which powers are conferred or duties imposed on the council under the building regulations; and

iy) not contain any provision altering or affecting the onus of proof in any legal proceedings or the rules governing the admissibility of evidence.

(2) Any by-law made by the council of a municipality pursuant to a power conferred by a regulation made under paragraph (x) of sub-section (1)—

(a) shall be made as if the making thereof were authorized by sub-section (1) of section 198 of the Local Government Act 1958; and

(6) shall be deemed to be a building regulation in force in and in relation to that municipality.

(3) Where pursuant to any power conferred by a regulation made under paragraph (x) of sub-section (1) the council of any municipality has made a by-law adopting or applying to that municipality any regulation or any part of any regulation made under this Division, and that regulation or part of the regulation is thereafter amended, the amendment shall not cause the adoption or application to abate or determine but the regulation or part of the regulation (as the case may be) shall thereafter while the by-law remains in force have effect in that municipality as so amended.

27. (1) Any


27. (1) Any regulation made under section 25 may adopt wholly Adoption of or partially or as amended by the regulations or by reference any J,°'j|3a? ,'| code, standard, rule, specification or provision which relates to any matter with which the building regulations deal and which is—

(a) recommended issued or adopted by the Standards Association of Australia;

(6) recommended issued or adopted by— (i) the American Society for Testing Materials,

the British Standards Institution or the International Organization for Standardization; or

(ii) any other standards organization or body of any place outside Australia, being an organization or body declared by the Minister by Order published in the Government Gazette to be an approved standards organization or body for the purposes of this paragraph;

(c) included in any document issued by any department of the Crown in right of this or any other State or the Commonwealth or issued by any public authority or issued by any instrumentality of any other State or the Commonwealth constituted by an Act of Parliament thereof; or

{d) approved by the Minister, and published in the Government Gazette.

(2) Any code standard rule specification or provision adopted pursuant to sub-section (1) shall be deemed to be a building regulation.

(3) The Director shall cause a copy of every code, standard, rule, specification or provision adopted pursuant to sub-section (1) (other than a code, standard, rule, specification or provision recommended issued or adopted by the Standards Association of Australia) to be made available for inspection by members of the public without charge at the office of the Division of Building Control during normal office hours.

(4) In any legal proceedings under the building regulations, a copy certified by the Director as a true copy of a code, standard, rule, specification or provision adopted pursuant to sub-section (1) (other than a code, standard, rule, specification or provision recommended issued or adopted by the Standards Association of Australia) shall be evidence of the code, standard, rule, specification or provision so adopted.

28. (1) A building

37843/81-63


Regulations not to apply to building work commenced before commencement of regulations.

Application of certain building regulations to existing buildings.

Effect of planning scheme.

28. (1) A building regulation shall not apply to any building work where—

(a) building approval was granted in respect of the building work before the date of coming into operation of that regulation; or

(b) the building surveyor is satisfied that and certifies in writing that substantial progress had been made on the design of the building before the date of coming into operation of the regulation,

(2) Any building work referred to in sub-section (1) shall be carried out in accordance with the provisions of any regulations by-laws or enactments in force at the material times as if the building regulation had not come into operation, unless the building owner and the council or (as the case may be) the public authority concerned otherwise agree.

(3) Notwithstanding anything to the contrary in sub-section (1) or (2), the provisions of any regulations made under sub-paragraph (iii) of paragraph (a) and paragraphs (d), (e), , ( / ) , fe). (h), (i), (j), ('•) and (t) of section 25 shall apply to every building whenever the building was constructed.

(4) Notwithstanding anything in this Part or the building regulations, a person carrying out any building work in compliance with any notice direction decision determination or requirement given made or issued under or pursuant to Division 4 of this Part or Part VIII. shall not be required to obtain building approval or to comply with the building regulations in respect of that building work unless the council so directs.

(5) In sub-section (1) "building approval" includes a permit issued under the Uniform Building Regulations 1974 (as amended) or under the Uniform Plumbing and Sewerage Regulations 1977 (as amended) made under the Local Government Act 1958.

29. (1) Upon the coming into operation in any municipal district or part thereof under any approved planning scheme or approved local development scheme made under the Town and Country Planning Act 1961 of any provision regulating any matter referred to in paragraph (k) or ( / ) of section 25, any siting regulation or siting by-law or part thereof which also regulates that matter shall cease to have effect in that municipal district or that part of the municipal district (as the case may be).

(2) A council shall publish notice in a newspaper circulating generally within its municipal district of the fact that any siting regulation or siting by-law has pursuant to sub-section (1) ceased to have effect in the municipal district or part thereof.

(3) Notwithstanding


(3) Notwithstanding anything in this Act or in any regulation or by-law made under this Act, where any approved planning scheme or approved local development scheme made under the Town and Country Planning Act 1961 (whether before or after the commencement of this section) makes provision for regulating any matter referred to in paragraph {k) or ( / ) of section 25 with respect to an area, a person shall not, in relation to a building or land in that area be required to comply with the requirements of any siting regulation or siting by-law regulating that matter in that area.

(4) In this section— "Siting regulations" means—

(a) any of regulations 801, 803-7 (both inclusive), 808-810 (both inclusive), 812, 813, 815-817 (both inclusive) and 3130-3133 (both inclusive) of the Uniform Building Regulations 1974; and

{b) any building regulation made pursuant to a power conferred by paragraph {k) or ( / ) of section 25; and

"Siting by-law" means—

(a) any by-law made under a power conferred under paragraph (o) of sub-section (1) of section 926 of the Local Government Act 1958 in relation to any matter referred to in paragraphs (25), (26), (27) and (28) of section 925 of that Act before the repeal of those sections by this Act and continued in force under this Act; and

(p) any by-law made under a power conferred by paragraph {x) of sub-section (1) of section 26 in relation to any matter referred to in paragraph {k) or ( / ) of section 25.

30. Notwithstanding the repeal of Division 2 of Part XLIX. of the saving of Local Government Act 1958, and section 56 of the Housing Act 1958, S n " the Uniform Building Regulations 191A (as amended) and any by-laws Re8"'a«'0'»-(as amended) made under those regulations, the Uniform Plumbing and Sewerage Regulations 1977 (as amended) and the Housing {Standard of Habitation) Regulations 1971 (as amended) shall, until revoked by regulations or by-laws made under this Division, continue in force and shall be deemed to have been made under this Division.

DIVISION 4—DWELLINGS UNFIT FOR HUMAN HABITATION

31. (1) In this Division unless inconsistent with the context Interpretation,

or subject-matter—

"Regulations" means regulations made under section 25 {d). "ReguUlions."

"Step"

1988 1981 Building Control N o . 9720

"siep" " S t e p " means in relation to steps taken by a council under this Division—

(a) a declaration made under sub-section (1) of section 32 ;

{b) the issuing of a certificate under sub-section (2) of section 33 that a dwelling or the land on which a dwelling is situated has been made to comply with the regulat ions; o r

(c) the taking of proceedings in the County Cour t under section 40 for the purposes of enforcing a charge under this Division.

"unfii for "Unfit for human habi ta t ion" when used in connexion with hawfaiion." & dwelling mcaus a dwelling which—

{a) has been declared under this Division by a council to be unfit for h u m a n habi ta t ion; and

{b) has not been subsequently certified by the council to be fit for h u m a n habitation.

(2) This Division applies to every dwelling whenever the dwelling was constructed.

Power to 32. (1) Where the council of a municipality after causing all due d"efiings inquiries to be made and obtaining all necessary reports is satisfied prescribed tha t any dwelUng or the land on which any dwelling is situated does for"hum''an"'" Hot comply with the regulations the council may declare the dwelling habitntion. f^ U g

(a) unfit for h u m a n habi ta t ion; or {b) in a state of disrepair.

Service or (2) Where a council declares a dwelling to be unfit for h u m a n notices. &c. habitat ion or in a state of disrepair in accordance with sub-section

(1), the council— {a) shall serve on the owner a copy of the declaration together

with a statement in writing setting out the particulars in respect of which the dwelling or the land on which it is situated fails to comply with the regulations and in writing direct h im—

(i) to make the dwelling or land comply with the regulations within such period or periods (being not less than fourteen days and no t more than five years after the service of the declaration) as the council directs; or

(ii) (if in the case of a dwelling which is declared to be unfit for h u m a n habitat ion, the council is of the opinion that it is impracticable to make the dwelling comply with those regulations) to demolish the dwelling forthwith or (subject to the immediate

carrying


carrying out of such works as the council directs) within such period (being not more than five years) as the council directs; and

{b) shall serve a copy of the declaration statement and direction on the occupier (if any) of that dwelling and on every registered mortgagee of the land on which the dwelling is situated.

(3) Without affecting the generality of sub-section (2), a direction under that sub-section may specify different periods for compliance in respect of different particulars set out in the direction.

(4) Notwithstanding sub-section (2), where the council is satisfied that a direction under sub-section (2) {a) (ii) to demolish a dwelling would cause substantial hardship to the occupier of the dwelling and the occupier is also the owner of the dwelling, the council may direct that the direction shall not take effect during the period that the occupier occupies the dwelling and the provisions of sub-section (5) of this section and sections 33 and 34 shall be suspended with respect to that dwelling during that period.

(5) Every owner who fails to comply with any of the requirements of any direction under this section within the period specified for compliance therewith shall be guilty of an offence.

(6) It shall be a defence to a prosecution under sub-section (5) if the owner proves that although unable to comply with any requirement of the direction within the period specified he had made every reasonable endeavour to do so.

33. (1) Where a council declares a dwelling to be unfit for human Vacation of

habitation, the council may serve a notice in writing (by serving a "***"'"*• copy thereof on the occupier (if any) of that dwelling and affixing a copy thereof to that dwelling) requiring as on and from a specified date (being a date not less than fourteen days after the service of that notice)—

{a) that dwelling to be and to remain unoccupied; or {b) the occupier of that dwelling to vacate that dwelling—

unless (in the case where the council has required that dwelling or land to be made to comply with the regulations in whole or part) that dwelling or land is to the satisfaction of the council made to comply with the regulations in whole or as to such part before that specified date.

(2) Every person who after the expiration of the period specified in any notice served pursuant to sub-section (1) inhabits or occupies the dwelling to which that notice relates or permits or suffers any person to inhabit or occupy that dwelling unless the council has first certified in writing that that dwelling or the land on which that dwelling is situated has been made to comply with the regulations shall be guilty of an offence.

34. If


Aiieraiipn or 34. If an owncr fails to comply with any of the requirements of a dwelling by direction under section 32 within the period specified for compliance council. therewith, the council—

(a) may— (i) do all or any of the acts or things which the

council considers necessary to make the dwelling and land comply with the regulations or to give effect to any direction of the council made under section 32 notwithstanding that the direction had not required some or any of those acts or things to be done;

(ii) demolish the dwelling (where the case so requires); or

(iii) in any case where the dwelling has been demolished by the owner pursuant to any direction under section 32, clear the site of the resulting building debris (where the case so requires);

(b) may recover from the owner any expenses thereby incurred by the council;

(c) may sell or dispose of any material taken from that dwelling by the council, but shall if necessary first cause the material to be cleansed or disinfected;

(d) shall apply the proceeds of any such sale for or towards the expenses incurred by the council and pay the surplus (if any) to the owner.

Appeau. 35. (1) Any— (a) owner of a dwelling;

(b) occupier of a dwelling who is required under a lease or agreement to carry out repairs to the dwelling; or

(c) registered mortgagee of the land on which a dwelling is situated—

who feels aggrieved by any declaration of the council tha t the dwelling is unfit for human habitation or in a state of disrepair may within 30 days after a copy of the declaration has been served on him appeal therefrom to a Building Referees Board established under Par t IV.

(2) While any appeal under sub-section (1) is pending the provisions of sub-section (5) of section 32 and sections 33 and 34 shall be suspended with respect to the dwelling concerned and the land on which it is situated.

(3) Where


(3) Where any appeal under sub-section (1) is allowed the declaration of the council that the dwelling is unfit for human habitation or in a state of disrepair and any notice or direction served in connexion with that declaration shall be deemed to be and to have been void and of no effect.

36. (1) The owner of any dwelling which has been declared to be unfit for human habitation or in a state of disrepair and which has not subsequently been certified by the council to be fit for habitation or to comply with the regulations shall not either by hiftiself or his agent sell or enter into any contract to sell the land on which the dwelling is constructed unless a true copy of a certificate under section 41 signed by the vendor and the purchaser is attached to the contract of sale.

(2) Any person who publishes or disseminates or causes to be published or disseminated any statement by newspaper broadcasting television cinematograph circular or any other means whatsoever which is intended or apparently intended by that person or by any other person to promote the sale or disposal of any dwelling which has been declared to be unfit for human habitation or in a state of disrepair and which has not subsequently been certified by the council to be fit for habitation or to comply with the regulations unless the statement contains a clear reference to the existence of the declaration shall be guilty of an offence.

(3) It shall be a defence to a prosecution under sub-section (2), if the accused person did not know and could not reasonably have been expected to have known of the existence of the declaration,

(4) If an owner referred to in sub-section (1) enters into a contract to sell land in contravention of sub-section (1) or (2) he shall be guilty of an offence and be deemed to have wilfully concealed a defect in his title and the purchaser under the contract shall at any time before he has executed a transfer or conveyance of the land to himself be entitled to rescission of the contract and repayment of any sum he has paid to the owner or to any person on behalf of the owner under the contract together with his reasonable costs or (in the case where the purchaser has executed the transfer or conveyance to himself) the purchaser shall be entitled to recover damages from the owner for any loss suffered as the result of the wilful concealment of that defect in the title.

Owners of dwellings declared to be unfit for human habitation or in a state of disrepair to disclose such declaration to purchaser.

with—

37. (1) The council shall within fourteen days of the making Lodging of

of any declaration under section 32 lodge a copy of that declaration d2?L?tion with X • Registrar-

General or Registrar of

(a) in the case of a dwelling on land registered under the Titles. Transfer of Land Act 1958, the Registrar of Titles; and

(6) in


(b) in the case of a dwelling on Registrar-General.

any other land, the

(2) The council shall within seven days of any declaration ceasing to operate in respect of any land lodge with the Registrar-General or Registrar of Titles (as the case may be) a notice in writing that the declaration has ceased to operate.

(3) On receipt of a copy declaration or notice that a declaration has ceased to operate the Registrar-General or Registrar of Titles (as the case may be) shall make such entries as he thinks necessary or expedient for the purpose of bringing that copy declaration or notice to the notice of persons who search the title of the land to which the declaration relates and the Registrar-General or Registrar of Titles (as the case may be) may require such evidence of the identity of any land affected by a declaration or notice lodged under this section as he thinks fit.

Cerlain expenses a fini charge on land.

Registration of charge.

Power to council to recover moneys owing.

38. (1) Any expenses recoverable by a council under section 34 shall be as from such date as the council determines and until paid to the council shall remain a first charge on the land in respect of which or on which is situated the dwelling in respect of which the expenses were incurred.

(2) When any land is charged pursuant to sub-section (1) the council shall cause a certificate under the common seal of the council, describing the land charged and stating the amount of the charge, to be lodged with—

(a) in the case of land registered under the Transfer of Land Act 1958, the Registrar of Titles; and

(b) in case of other land, the Registrar-General.

(3) On receipt of a certificate under sub-section (2) and on payment of the prescribed fee, the Registrar-General or the Registrar of Titles (as the case may be) shall register the certificate accordingly and when the amount of the expenses is paid the Registrar-General or the Registrar of Titles (as the case may be) shall cancel the registration of the charge on payment of the prescribed fee and on a request in that behalf by the council.

(4) Notwithstanding anything in this Division or in any certificate under this Division the council may recover any expenses incurred by the council under section 34 as a debt due to the council.

Recovery of 39. (1) Where under this Division any moneys are payable to "y°oSlfe?by"* the couucil by the owner of any dwelling and the council is satisfied reS''p!5'ab'ie*'by that the owncr is not making satisfactory arrangements for the occupier. payment of those moneys the council may by notice in writing served

on the occupier of that dwelling require that occupier to pay to the

council

1981 Building Control N o . 9720 ^^^^

council until the a m o u n t of moneys payable to the council by the owner is satisfied any moneys payable by the occupier by way of rent to the owner or to some other person to pay to the owner.

(2) The council shall forward a copy of any notice under sub-section (1) to the owner of the dwelling concerned.

(3) Any occupier who having the means to comply with any Penalty, notice under this section fails to do so shall be guilty of an offence.

.Penalty: 1 penalty unit. (4) Any occupier making any payment in pursuance of this indemnity,

section shall be deemed to have been acting under the authority of the owner and all other persons concerned and is hereby indemnified in respect of that payment and that payment shall be credited against the amoun t payable by the owner to the council under this Division.

(5) If the council receives otherwise than from the occupier J >;,™?L >' any payment in respect of the amoun t payable by the owner to the p ylSent bT council under this Division it shall forthwith give notice thereof to °''"'""-the occupier.

(6) This section shall be read and construed as in aid of and not Construction.

in derogation from the provisions of section 38.

40. (1) F o r the purpose of enforcing any charge under this Enforcement or Division, proceedings may be had and taken in the County Cour t and County Court.

that court may order the sale of the whole or any par t of the land subject to the charge.

(2) F o r such purpose the County Cour t shall have jurisdiction and exercise all the powers and authorities of the Supreme Cour t in all proceedings under Par t IV. of the Trustee Act 1958, notwithstanding the amoun t or value of the trust estate or fund to which the proceeding relates.

(3) Where for such purpose any decree or order of the County Cour t is made relating to land under the provisions of the Transfer of Land Act 1958, that decree or order shall for all the purposes of tha t Act have the same force and effect and shall be received dealt with and given effect to in all respects thereunder as if it were a decree or order of the Supreme Court .

4 1 . (1) Any person may, upon payment of the prescribed fee, Statement of

make application to the municipal clerk of any municipality for a JhSws'duein certificate signed by the municipal clerk or some other person ^^Spatf,^. authorized by the council in that behalf, specifying in respect of any proper ty—

{a) whether the council— (i) has served on the owner thereof any notice

under this Division; or (ii) has


(ii) has taken any step under this Division— giving particulars of any notice so served or step so taken; and

{b) whether any moneys are charged thereon under this Division, giving particulars thereof and stating when the moneys are due and payable and when the property became so charged.

(2) Every application under sub-section (1) shall be in writing stating the name and address of the person making the application and the particulars of the property in respect of which the application is made.

(3) Upon receipt of an application under sub-section (1) and payment of the prescribed fee, the municipal clerk or some other person authorized in that behalf shall forthwith procure and give to or send by post to the person so applying, the required certificate.

(4) A certificate issued under this section shall for all purposes be deemed conclusive proof as at the date thereof of any step taken under this Division in respect of the property or of any money which is a charge on the property under this Division.

(5) In addition to the matters referred to in sub-section (1), the council may provide with the certificate such other information concerning the property as the council in its absolute discretion thinks relevant.

(6) A council shall not incur any liability in respect of any information included in a statement in good faith pursuant to sub-section (5).

to ownen who are Irvutees.

ProvhioM as 42. Where any owner being a trustee within the meaning of the Trustee Act 1958 is directed under this Division to make any dwelling or land comply with the regulations or to demolish any dwelling the trustee may, notwithstanding anything to the contrary contained in the instrument (if any) creating the trust—

(a) make the dwelling or land comply with the regulations;

{b) demolish the dwelling and, if the trustee thinks fit, erect another dwelling in substitution therefor or sell the land on which the dwelling was situated;

(c) pay or apply any capital money subject to the trust for or towards any such purpose;

(d) raise any money required for or towards any such purpose by sale conversion calling in or mortgage of all or any part of the trust property for the time being in possession.

43. (1) Where


43. (1) Where a council has directed the demolition of any Acquisition of dwelling which has been declared to be unfit for human habitation, lfnfit°for**"'"*' the council may purchase by agreement or compulsorily take the hawulion. land on which that dwelling is or was constructed.

(2) Where any land has been purchased or taken by a council under this section, the council may—

(a) remove or demolish the buildings on the land and sell the materials of the buildings so removed or demolished;

{b) deal with the land or any part thereof pursuant to the provisions of Part XXVIII. of the Local Government Act 1958.

44. Notwithstanding anything to the contrary in the Housing xransiUonai. Act 1958, or this Act, where any declaration or direction or charge has been made or any appeal or legal proceeding has been instituted under section 56, 57, 58, 59, 60, 62 or 65 of the Housing Act 1958 before the repeal of those sections—

(a) that declaration direction or charge may be enforced and that appeal or proceeding may be continued or completed in all respects as if this Act had not been enacted; and

(Jb) the provisions of those sections shall apply to and in relation to that declaration, direction charge appeal or proceeding in all respects as if this Act had not been enacted.

PART IV.—BUILDING REFEREES BOARDS

45. In this Part unless inconsistent with the context or interpretation. subject-matter—

"Appeal" means any matter (other than an application) -Appeal." referred to a Board for determination under this Act.

"Application" means an application made under section 55. "Application." "Board" means a Building Referees Board established under "Board."

this Part. "Panel" means the Building Referees Panel established under "Panei."

this Part. "Registrar" means Registrar of the Boards. "Registrar." "Regulations" means regulations under this Part. "Regulations."

46. (1) There shall be a Building Referees Panel which shall be Building appointed by the Governor in Council on the recommendation of pant"" the Minister and shall consist of the Director (who shall be chairman) and such other persons as the Governor in Council from time to time thinks necessary for the purposes of this Act.

(2) Subject

jg^g 198j Building Control No. 9720

(2) Subject to this Part, a member of the panel shall be appointed for such period, not exceeding three years, as is specified in the instrument of his appointment but shall be eligible for re-appointment.

(3) A member of the panel may resign his office by writing under his hand addressed to the Governor in Council and shall thereupon cease also to be a member of a Board.

(4) A member of the panel may at any time be removed from office by the Governor in Council and shall thereupon cease also to be a member of a Board.

(5) The provisions of sub-sections (2) to (4) (both inclusive) shall not apply to the Director.

(6) A member of the panel not being a person employed by or on behalf of the Crown or any public authority or municipality shall receive such fees as are from time to time fixed by the Governor in Council.

(7) A member of the panel shall receive such travelling and other allowances as are from time to time fixed by the Governor in Council.

(8) The panel shall meet at such times and places as are fixed by the chairman but shall meet on not less than two occasions in each year.

(9) At any meeting of the panel a majority of the members for the time being of the panel shall constitute a quorum.

(10) Subject to this section, the panel may regulate its own proceedings.

Vacancies. 47. (1) If any member of the panel appointed by the Governor in Council—

(a) becomes bankrupt or his property becomes in any manner subject to control under the law relating to bankruptcy;

{b) is convicted of an indictable offence or of an offence which if committed in Victoria would be an indictable offence;

(c) becomes incapable of performing the duties of his office; {d) is removed from office or resigns his office; or (e) dies—

his office as a member of the panel shall become vacant and he shall cease also to be a member of a Board.

(2) If the appointment of any member of the panel expires by reason of the effluxion of time at a time when that member is engaged as the member of a Board in the hearing of an appeal or

application.


application, the period of appointment of that person shall, notwithstanding anything in this Act, be deemed to continue until that appeal or application has been finally determined by the Board.

Building Referees Boards.

Powers and duties of a

48. (1) There shall be one Board or more than one Board each to be known as a Building Reff-ees Board.

(2) A Board— (a) shall carry out any function or duty given to or imposed ^°"''-

on it by or under this Act; and (b) subject to this Act, shall determine any matters arising

for its determination. (3) A Board shall have jurisdiction to determine any matter General

in respect of which jurisdiction is conferred on it by this Part or o"f"B« r'd!" any other Part of this Act.

49. (1) A Board shall consist of not less than three members Members of Board

of the panel selected by the Director having regard to the matter or matters with which the Board is to deal.

(2) The members of a Board shall elect one of their number to be chairman of the Board but where the Director is a member of a Board he shall be chairman.

(3) A member of a Board shall not in respect of his office as member be subject to the Public Service Act 1974.

(4) A member of a Board not being a person employed by or on behalf of the Crown or any public authority or municipality shall receive such fees as are from time to time fixed by the Governor in Council.

(5) A member of a Board shall receive such travelling and other allowances as are from time to time fixed by the Governor in Council.

50. (1) A matter arising for determination by a Board may be Procedure of determined by a majority of the votes of the members of the Board and in the event of an equality of votes the chairman of the Board shall have an additional or casting vote.

(2) An act or decision of a Board shall not be invalid by reason only of a defect or irregularity in the appointment of a member of the Board or the panel.

(3) Subject to this Part, a Board may regulate its own proceedings.

51. (1) Subject to this section, a Board shall at all times consutmion throughout the hearing and determination of an appeal or LarPn of" application be constituted by the same members. aS c'aSon.

(2) Where the hearing of an appeal or application has been commenced or completed by a Board but before the appeal or application is finally determined one or more of the members

constituting


Diidosure of interest by memben of Boards.

constituting the Board ceases to be a member of the Board or otherwise ceases to be available for the purposes of the proceedings—

(a) where the parties so agree, the hearing and determination of the appeal or application may, subject to this Part, be completed by the remaining member or members of the Board; and

(b) in any other case, the appeal or application shall be re-heard by a newly-constituted Board.

(3) Where pursuant to paragraph (a) of sub-section (2) the parties to an appeal agree to the hearing and determination of that appeal or application by the remaining members of„a Board and none of the remaining members is the chairman of the Board the Director shall appoint one of the remaining members to act as chairman of the Board and the Board shall not proceed to hear or determine the appeal or application until such an appointment has been made.

(4) Where pursuant to paragraph (b) of sub-section (2) an appeal or application is re-heard by a newly-constituted Board, that Board may, for the purposes of the re-hearing, have regard to any record of the earlier proceedings.

52. (1) If a member of a Board has any direct or indirect pecuniary interest in any matter being considered or about to be considered by that Board in the course of proceedings before it, he shall forthwith upon becoming aware of that interest disclose that interest and render himself unavailable for the purposes of the remainder of the proceedings.

(2) A member of a Board shall not make improper use of information acquired by virtue of his position as such a member to gain directly or indirectly a pecuniary advantage for himself or for any other person.

Penalty: 10 penalty units.

Jurisdiction of Board witli respect to appeals under building regulations.

53. (1) If any doubt difference or dissatisfaction in respect of any matter as to which provision is made by or under Division 2 of Part III. or the building regulations arises between any parties concerned or between any party and the Co-ordinator or a relevant authority as to—

(a) a failure to give building approval within the prescribed time;

(b) a refusal of building approval; (c) any act done or to be done in pursuance of the building

regulations; (d) the effect of the building regulations in any case;

(e) the


(e) the manner in which the provisions and directions of the building regulations are or ought to be carried out;

( / ) whether the requirements of the building regulations are fulfilled;

(g) the expenses to be borne by the respective owners of premises parted by the same party walls or the proportions thereof; or

(h) any other matter whatever— any party concerned may appeal to have the matter determined by a Board.

54. (1) Subject to this Part, a Board hearing any appeal shall— Hearing of

{a) after hearing— (i) any party that wishes to be heard; and

(ii) in relation to an appeal under section 53, the Co-ordinator and any relevant authority concerned if he or it wishes to be heard; and

(b) in the case of a building on a register established under the Historic Buildings Act 1981, after considering any recommendations received from the Historic Buildings Council—

determine the matter. (2) A party to an appeal and, in the case of an appeal under

section 53, the Co-ordinator or relevant authority concerned may appear and be heard personally or by a person authorized in that behalf by the party or the Co-ordinator or relevant authority (as the case may be).

55. (1) The owner of any building or land or his agent, the JunsdicUon or permanent head of any government department, any public authority ?es'?2«'to*"'' or council may apply for a determination by a Board that a particular °«><''fi<=«''0"»-building regulation shall not apply with respect to or in relation to the building or land in respect of which the application is made or that a building regulation should be modified or varied with respect to that building or land.

(2) Notwithstanding anything in this Part all submissions made to a Board in respect of an application shall be made in writing unless the Board otherwise orders.

(3) Before determining any application made under sub-section (1), the Board—

(a) shall consult with the relevant authority concerned; (b) may consult with the Co-ordinator; and (c) in the case of a building on a register established under

the Historic Buildings Act 1981, shall consider any recommendations received from the Historic Buildings Council.

(4) Where


Board to act according to equity.

Inquiries.

Reservation of question of law.

(4) Where the Board, after complying with sub-section (3) is satisfied that in the particular circumstances the regulation is inappropriate, or might in that case reasonably be modified or varied without detriment to the public interest, the Board may determine that the regulation shall not apply with respect to that building or land or shall apply with respect to that building or land with such modifications or variations as the Board determines.

(5) A person shall not act as the agent of an owner under this section unless he is authorized in writing by the owner to do so. Penalty: 5 penalty units.

(6) Nothing in sub-section (5) shall require a Board or the Registrar to inquire as to whether an agent is acting under this section under the written authority of the owner.

56. (1) A Board— (a) shall, in a hearing any appeal or application, act according

to equity and good conscience and the substantial merits of the case without regard to technicalities or legal forms;

(6) is bound by the rules of natural justice; (c) is not required to conduct any proceedings in a formal

manner; and id) is not bound by rules or practice as to evidence but

may inform itself in relation to any matter in such manner as it thinks fit.

(2) Without affecting any other powers of a Board to take and receive evidence the provisions of sections 14, 15 and 16 of the Evidence Act 1958 shall apply to and in relation to the hearing of any matter before a Board as if the Board were appointed by the Governor in Council and the chairman had the power of the chairman of a board appointed by the Governor in Council.

(3) A Board may appoint one or more of its members to make any inquiry or survey which appears necessary in order to enable it to determine any matter.

57. (1) Where in an appeal to a Board under this Part, a question of law arises, the Board shall, at the request of the appellant, the relevant authority concerned or any party to the appeal, and may, on its own initiative, reserve the question in the form of a special case stated for the opinion of the Supreme Court.

(2) Where a question of law has been reserved for the opinion of the Supreme Court under sub-section (1), the Board shall not determine the appeal or the proceedings until the opinion of the Supreme Court has been given and shall not proceed in a manner or make a determination that is inconsistent with the opinion of the Supreme Court on the question of law.

(3) Subject

1981 Building Control No. 9720 20OI

(3) Subject to the Supreme Court Act 1958, the Judges of the Supreme Court may make rules (including rules with respect to costs) for or with respect to special cases stated for the opinion of the Supreme Court under sub-section (1).

58. (1) Every appeal shall state shortly the grounds on which Appeal, it is based and shall together with the prescribed fee be lodged with the Registrar.

(2) Where an appeal is lodged under this section the Registrar shall—

{a) advise any person other than the appellant who in his opinion may be a party to the appeal; and

(6) in the case of an appeal under section 53, the Co-ordinator and every relevant authority concerned—

of the appeal and the grounds for the appeal.

(3) An appellant may, at any time prior to the determination of the appeal by a Board, withdraw that appeal by notice in writing lodged with the Registrar.

59. (1) Every application shall state shortly the grounds on AppUamon; which it is based and shall together with the prescribed fee be lodged with the Registrar.

(2) An applicant may, at any time prior to the determination of the application by a Board, withdraw that application by notice in writing lodged with the Registrar.

60. A person or body making an appeal or application under this Historic Part in respect of a building on a register established under the '""'''"'*^ Historic Buildings Act 1981 shall forthwith upon the making of that appeal or application serve a copy of that appeal or application on the Historic Buildings Council.


61. (1) A determination of a Board under this Part shall be Deteimlnatloin. made in writing and shall be signed by one member of the Board and the Registrar and filed ^y the Registrar.

(2) A Board shall, if requested to do so by a party to an appeal, furnish him with a statement of the reasons for its determination.

(3) Every determination made by a Board— (a) may by leave of the Supreme Court or a judge thereof

be enforced in the same manner as a judgment or order of the Supreme Court to the like effect;

{b) shall together with the costs, charges and expenses of the appeal or application be final and shall be given effect to by every person or body affected thereby.

(4) Any


(4) Any person upon payment to the Registrar of the prescribed fee may inspect any determination and take a copy thereof or make extracts therefrom.

(5) The production in any proceedings of a document purporting to be a copy of a determination made by a Board under this Part and signed by the Registrar shall be conclusive evidence of the due making and existence of the determination.

Registrar. 62. (1) Subjcct to the PubUc Service Act 1974 there shall be appointed a Registrar of Building Referees Boards.

(2) The Registrar shall—

(a) keep a register of all appeals and applications and the determinations of the Building Referees Boards; and

{b) keep and preserve copies of all determinations made by the Boards; and

(c) generally carry out any other function or duty given to or imposed on him by or under this Part.

Regulations. 63. The Govemor in Council may make regulations for or with respect to—

(a) prescribing forms for the purposes of this Part; {b) prescribing procedures to be followed for lodging

appeals and applications under this Part; (c) prescribing the form of the register and the entries

to be made therein and the particulars to be contained therein;

id) prescribing the fees to be paid for— (i) lodging appeals or apphcations;

(ii) inspections of the register; and (iii) taking copies or making extracts from the

register; and (e) generally prescribing any matter or thing authorized or

required to be prescribed for carrying into effect the purposes of this Part.

Transitional. 64. (1) Appeals and applications pending before the referees pursuant to the Thirty-Third Schedule of the Local Government Act 1958 before the commencement of this section shall be heard by a Building Referees Board pursuant to the provisions of this Part.

(2) Notwithstanding sub-section (1), if prior to the commencement of this section the referees had begun to hear an appeal or application for modification made pursuant to the Thirty-Third Schedule to that Act but the appeal or application

had


had not been determined, the referees shall complete the hearing of that appeal or application (as the case may be) in accordance with the provisions of the Thirty-Third Schedule to that Act and make such award in respect of that appeal or application as it could have made immediately before the commencement of this section and for the purpose of completing the hearing and making an award in respect of the appeal or application, the referees hearing the appeal or application shall, notwithstanding the provisions of this Act, continue to exist.

(3) An award made by the referees pursuant to sub-section (2) shall have the same force and effect as it would have had if it had been made by the referees immediately before the commencement of this section.

PART V.—ACCREDITATION

65. In this Part unless inconsistent with the context or interpretation, subject-matter—

"Accreditation" means the accreditation under this Part of "Accredita-

a material, method of construction, design or component. " °""

"Advisory Committee" means an Advisory Committee ^^"i^gii" established under this Part.

"Authori ty" means the Building Control Accreditation "Authority." Authority established under this Part .

"Certificate" means a certificate of accreditation under this "CerUflcate." Part.

"Register" means the Accreditation Register kept under this "Register." Part.

"Registrar" means Registrar of the Authority. "Registrar."

"Regulat ions" means regulations under this Part. "Regulations."

66. For the purposes of this Act there shall be established an ^lî^f Authority to be known as the Building Control Accreditation Accreditation

Authority consisting of the members of the Building Control ^""'°""'-Technical Advisory Council for the time being appointed pursuant to section 11 ( i ) .

67. The functions of the Authority shall be— Functions of •' Autlionty*

(a) to examine and accredit materials, methods of construction, designs and components;

(b) to approve applications for accreditation; (c) to issue certificates of accreditation; (d) to cancel accreditations; (e) to arrange for an Accreditation Register to be kept;

( / ) t o


Chairman,

Fees.

( / ) to enter into and give effect to reciprocal arrangements with the Building Control Accreditation Authority or any other similar authority in any place outside Victoria for or with respect to the accreditation of materials, methods of construction, designs and components;

(g) to advise the Minister on draft regulations relating to accreditation; and

(h) generally to carry out any other function or duty given to or imposed on it by or under this Part.

68. The Director shall be the chairman of the Authority.

69. (1) A member of the Authority not being a person employed by or on behalf of the Crown or any public authority or municipality shall receive such fees as are from time to time fixed by the Governor in Council.

(2) A member of the Authority shall receive such travelling and other allowances as are from time to time fixed by the Governor in Council.

Meetings. 70. (1) The chairman shall preside at a meeting of the Authority at which he is present, and if he is not present at a meeting the members present shall elect one of their number to preside at the meeting.

(2) Five members of the Authority shall constitute a quorum. (3) Subject to the presence of a quorum the Authority may act

notwithstanding any vacancy in its membership. (4) The powers and functions of the Authority may be exercised

in accordance with a majority of the votes of the members present and voting at any meeting and in the event of an equality of votes the person presiding shall have an additional or casting vote.

(5) An act or decision of the Authority shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member of the Authority, or in the case of a person appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased.

(6) The Authority shall meet at such times and places as are fixed by the chairman.

(7) Subject to this Part and the regulations the Authority may regulate its own proceedings.

Delegation. 71. (1) Thc Authority may in writing delegate any of its powers, discretions, functions or authorities under this Part (other than this power of delegation) to a committee consisting of the Director and two other members of the Authority.

(2) The


(2) The Authority may, and at the request of the Minister shall, vary or revoke a delegation made by it.

(3) The delegation of a power, discretion function or authority by the Authority does not prevent the exercise or performance of the power, discretion function or authority by the Authority.

(4) Any act or thing done in performance of a function or in the exercise of a power discretion or authority by.the committee shall have the same force and effect as if it had been done by the Authority.

72. (1) The Minister may, after consultation with any Advisory appropriate Minister and the Director, appoint one or more °'™"'"~*-Advisory Committees to assist the Authority to carry out its functions under this Part.

(2) An Advisory Committee established under sub-section (1) shall consist of a chairman being the Director or a member of the Authority nominated by the Director and such other persons appointed by the Minister as the Minister thinks fit.

(3) The Minister, on the recommendation of the Minister of Water Supply, shall establish an Advisory Committee to assist the Authority in the accreditation of materials, methods of construction, designs and components relating to water supply and sewerage.

(4) An Advisory Committee established under sub-section (3) shall consist of such persons (one of whom shall be appointed as chairman) nominated by the Minister of Water Supply as the Minister may appoint.

(5) The Minister may at any time remove from office any member of an Advisory Committee established under this section whom he has appointed.

(6) Any member of an Advisory Committee appointed by the Minister may resign his office by writing signed by him and delivered to the Minister.

(7) A member of an Advisory Committee not being a person employed by or on behalf of the Crown or any public authority or municipality shall receive such fees as are determined by the Governor in Council.

(8) A member of an Advisory Committee shall receive such travelling and other allowances as are determined by the Governor in Council.

(9) An Advisory Committee may regulate its own proceedings.

73. (1) Any

2005


Reporl of Advisory Committee.

Accreditation.

Application for 73. (1) Any pcrson may apply to the Authority for the accre i ion. accreditation of any material, method of construction, design

or component relating to building.

(2) An application made under sub-section (1) shall be accompanied by the prescribed fee.

(3) The Authority may refuse to consider any application made under this section and where it refuses to consider an application it shall refund the fee paid.

74. (I) Upon receipt of an application under section 73, the Authority may refer the application to an Advisory Committee for its report and recommendations.

(2) The Advisory Committee shall consider any application referred to it under sub-section (1) and shall forward its report together with its recommendations to the Authority.

75. (1) After considering any report and recommendations of an Advisory Committee forwarded pursuant to section 74, the Authority may, if it thinks fit, accredit the material, method of construction, design or component (as the case may be).

(2) An accreditation granted under sub-section (1) may be granted subject to such conditions and qualifications and for such period as the Authority thinks fit.

(3) In determining any application for accreditation the Authority may obtain any further advice necessary to assist it in reaching its decision.

(4) Where the Authority accredits a material, method of construction, design or component under this section the Registrar shall, upon payment of the prescribed fee, issue to the applicant a certificate of accreditation in respect thereof.

76. (1) The holder of a certificate of accreditation may apply in the year of expiry of the accreditation for a renewal of the accreditation.

(2) Every application under sub-section (1) shall— (a) be accompanied by the prescribed fee and the current

certificate; and (b) be lodged with the Registrar not less than one month

before the date of expiry of the accreditation.

(3) The Authority shall grant renewal of an accreditation if it is satisfied—

(a) that the standard of the material, method of construction, design or component in respect of which the application for renewal is made is the same as or of a higher

standard

Renewal.


standard than the standard of that material, method of construction, design or component at the time the accreditation was first granted; and

(b) that any conditions and qualifications to which the accreditation was subject have been complied with.

(4) The Authority may refuse to grant a renewal of accreditation if the accredited material, method of construction, design or component is provided for in any code, standard, rule, specification or .provision issued by the Standards Association of Australia.

(5) Any renewal of an accreditation under sub-section (3) may ber granted upon such conditions and for such period as the Authority thinks fit.

(6) Where the Authority grants a renewal of accreditation under this section the Registrar shall, upon payment of the prescribed fee, issue a certificate of accreditation for the new period.

(7) Where the Authority determines not to renew an accreditation the Registrar shall notify the holder of the certificate in writing of the Authority's determination.

77. (1) The Registrar may, upon being satisfied that a certificate Duplicate, of accreditation issued under this Part has been lost or destroyed, issue, upon payment of the prescribed fee, a duplicate certificate which shall have the same force as the original certificate.

(2) A certificate of accreditation issued under this Part in respect ceruflcate to of any material, method of construction, design or component *" *"" ""^ shall be evidence of the accreditation of that material, method of construction, design or component.

78. (1) The Authority may at any time revoke an accreditation RovocaUonor •r -i £ J xi. .L certificate. if It finds that—

(a) the accreditation has been obtained by fraud misrepresentation or concealment of facts;

(b) the standard of the material, method of construction, design or component which is the subject matter of the accreditation—

(i) is unsatisfactory; or (ii) differs from or fails to comply with the standard

of that material, method of construction, design or component as at the time the accreditation was granted; or

(c) an accreditation, certificate of accreditation or similar authorization issued or granted in respect of that material, method of construction, design or component in any place outside Victoria has been revoked or cancelled for any reason other than the failure to renew the accreditation, certificate or authorization.

(2) Where


Appeals.

Exemption lh>m litbililjr.

Dceltrallon of inleicit.

(2) Where the Authority determines to revoke an accreditation the Registrar shall notify the holder of the certificate in writing of the Authority's determination.

79. (1) A person aggrieved by the revocation of an accreditation under section 78 or the failure to renew an accreditation under section 76 may within one month of being notified of the determination to revoke or not to renew the accreditation (as the case may be) appeal to the County Court against the decision.

(2) Any appeal under sub-section (1) shall be by way of a rehearing and the judge may inquire into and decide upon the appeal and for that purpose may do all such matters or things relating thereto in the same manner and to the same extent as he is empowered to do in the course of exercising his ordinary jurisdiction in the County Court and his decision shall be final and without appeal.

(3) Subject to the County Court Act 1958, the Judges of the County Court may make rules (including rules with respect to costs) for or with respect to appeals to the County Court under this section.

80. No action, claim or demand whatsoever shall lie or be made or allowed by or in favour of any person against the Authority or any member of the Authority or member of an Advisory Committee or the Registrar acting in the performance of a duty or function or the exercise of a power under this Part or the regulations for or in respect of any damage loss or injury sustained or alleged to be sustained as a result of the performance of that duty or function or the exercise of that power.

81. (1) If a member of the Authority or of an Advisory Committee has any direct or indirect pecuniary interest in the subject-matter of any application for accreditation or in the subject-matter of an accreditation under this Part and is present at a meeting of the Authority or an Advisory Committee at which the application or accreditation is to be considered, he shall at the meeting as soon as practicable after the commencement thereof, disclose his interest, and shall render himself unavailable for any consideration or discussion of, or the taking of any vote on any question with respect to, the application or accreditation.

(2) A member of the Authority or of an Advisory Committee shall not make improper use of information acquired by virtue of his position as such a member to gain directly or indirectly a pecuniary advantage for himself or for any other person.


82. (1) The


82. (1) The information contained in any application for certain accreditation shall be regarded as confidential and shall not be

tw confidential.

disclosed (except in pursuance of this Part or the regulations) by any member of the Authority or member of an Advisory Committee unless disclosure thereof is authorized in writing by the person who made the application.

(2) Any member of the Authority or member of an Advisory Committee who makes a disclosure of any information whether orally or in writing in contravention of sub-section (1) shall be guilty of an offence.


83. (1) Subject to the Public Service Act 1974 there shall be Registrar, appointed a Registrar of the Authority.

(2) The Registrar shall— (a) keep a register to be called the Accreditation Register

which shall contain the prescribed particulars of all accreditations granted under this Part;

(6) cause to be published in the Government Gazette at prescribed intervals notice of all current certificates of accreditation issued and of all accreditations which have been revoked or which have not been renewed since the last notice was given; and

(c) generally carry out any other function or duty given to or imposed on him by or under this Part.

84. The Governor in Council may make regulations for or with RcguiaUoia. respect to—

(a) prescribing the fees to be paid for— (i) applications for accreditation; (ii) applications for renewal of accreditation; and

(iii) the issue of duplicate certificates; (b) the procedure on applications and other proceedings

under this Part; (c) prescribing a classification system for applications; (d) establishing an Accreditation Register;

(e) prescribing the form and manner of keeping the Accreditation Register and the entries to be made therein and the particulars to be contained therein;

( / ) prescribing forms for the purposes of this Part;

(g) generally prescribing any matter or thing authorized or required to be prescribed for carrying into effect the purposes of this Part.

PART


Interpretation.

"Advanced plumbing worlc.'*

"Apprentice."

"Board.*

"Draining work.**

"Former regulations.*

"Licensed plumber."

"Permit."

"Plumbing work.*'

"Prescribed authority.**

PART VI.—PLUMBERS GASFITTERS AND DRAINERS REGISTRATION BOARD

85. In this Part unless inconsistent with the context or subject-matter.

"Advanced plumbing work" means work prescribed as advanced plumbing work of any class or classes.

"Apprentice" means— (a) any person pursuant to the Industrial Training

Act 1975 bound apprentice by indentures or by assignment of indentures to an employer in a plumbing trade;

(b) a person of 21 or more years of age (not being a person referred to in paragraph (a), who by an agreement registered under the Industrial Training Act 1975 undertakes to pursue a course of training in a plumbing trade; or

(c) an applicant for apprenticeship in a plumbing trade employed on probation pursuant to the Industrial Training Act 1975.

"Board" means the Plumbers Gasfitters and Drainers Registration Board established under this Part.

"Draining work" means work prescribed by the regulations as draining work.

"Former regulations" means the Plumbers and Gasfitters Regulations 1974 (as amended) made under the Health Act 1958.

"Licensed plumber" means a registered plumber in relation to whom the register is endorsed under section 93 to the effect that he is authorized to engage in or undertake advanced plumbing work of a prescribed class or prescribed classes.

"Permit" means a permit issued by the Board in accordance with the regulations.

"Plumbing work" means plumbing or gasfitting work of a prescribed standard of any prescribed class or classes.

"Prescribed authority" means—

(a) the Gas and Fuel Corporation;

(b) the Melbourne and Metropolitan Board of Works;

(c) a "Trust" within the meaning of Part III. of the Mildura Irrigation and Water Trusts Act 1958;

{d) any "Authority" within the meaning of the Water Act 1958;

{e) any


{e) any sewerage authority constituted under the Sewerage Districts Act 1958;

( / ) any council exercising water supply or sewerage powers under the Local Government Act 1958; and

(g) any other authority prescribed for the purpose by the regulations.

"Register" means the Register of Plumbers Gasfitters and -Register." Drainers kept under this Part.

"Registered drainer" means a person who is registered "Registered under section 94 and holds a current certificate of registration.

"Registered plumber" means a person who is registered "Registered under section 92 and holds a current certificate of "'""''"'• registration.

"Registrar" means Registrar of the Board. "Registrar." "Regulations" means regulations under this Part. "Regulations."

86. For the purposes of this Act there shall be established a g l' l ^ ^. Board to be known as the Plumbers Gasfitters and Drainers Draine"' *" Registration Board. Boirr"°"

87. Subject to this Act, the powers and functions of the Board ?<>*«« and i_ , , , ^ functions of

s n a i l b e Board. (a) to prescribe the qualifications and experience (whether

obtained in Victoria or in any place outside Victoria) to be held by persons desiring to obtain registration as plumbers in one or more prescribed classes of plumbing work or as drainers;

{b) to prescribe the qualifications and experience (whether obtained in Victoria or in any place outside Victoria) to be held by persons who desire to have the register endorsed in relation to them under section 93 to the effect that they are authorized to engage in or undertake advanced plumbing work of a prescribed class or classes;

(c) to prescribe classes of plumbing work and advanced plumbing work;

(d) to hold or cause to be held examinations in plumbing work, draining work and advanced plumbing work;

{e) to issue certificates setting out the results of the examinations held by the Board;

( / ) to register persons as plumbers and drainers in accordance with this Part;

(g) to


ig) to endorse the register in accordance with this Part in relation to any person to the effect that that person is authorized to undertake or engage in advanced plumbing work of a prescribed class or classes;

(A) to cancel or suspend the registration of any person under section 92 or 94 or any endorsement of the register under section 93 in relation to any person and to revoke that cancellation or suspension;

( / ) to issue and endorse certificates of registration as provided in this Part;

{j) to issue permits in accordance with the regulations; {k) to hear appeals under this Part; ( / ) to arrange for a Plumbers Gasfitters and Drainers

Register to be kept;

(AM) to enter into and give effect to reciprocal arrangements (not inconsistent with this Part) with the Plumbers Gasfitters and Drainers Registration Board or other similar authority in any place outside Victoria for or with respect to registering under section 92 or 94 or endorsing the register under section 93 in relation to persons who satisfy the Board that they are registered or licensed or otherwise authorized to engage in draining work or in plumbing work or advanced plumbing work of a prescribed class or classes (as the case may be) in such place;

(«) to provide an information service with respect to plumbing gasfitting and draining; and

(o) generally to carry out any other function or duty given to or imposed on it by or under this Part.

Constitution of 88. (1) The Board shall consist of eleven members appointed by Board. j i g Governor in Council of whom—

(a) one (who shall be the chairman) shall be a person with substantial knowledge and experience of plumbing who is nominated by the Minister;

{b) one shall be an officer of the Melbourne and Metropol i tan Board of Works nominated by the Minister of Water Supply;

(c) one shall be a person nominated by the Minister of Water Supply to represent the State Rivers and Water Supply Commission, waterworks trusts and sewerage authori t ies;

(d) one


(d) one shall be a person nominated by the Minister from a panel of not less than three names submitted by the governing body of the Australian Institute of Building Surveyors (Victorian Chapter);

(e) one shall be an officer of the Gas and Fuel Corporation nominated by the Chairman of the Corporation;

( / ) one shall be an officer of the Education Department nominated by the Minister of Education;

(g) one shall be an officer of the Local Government Department nominated by the Minister;

(h) two shall be persons nominated by the Minister from a panel of not less than five names submitted by the Master Plumbers and Mechanical Services Association of Victoria;

( / ) two shall be persons nominated by the Minister from a panel of not less than five names submitted by the Plumbers and Gasfitters Employees' Union.

(2) Where any body authorized under sub-section (1) to submit a panel of names fails to submit a sufficient panel of names within 30 days after being so requested by the Minister, the Minister may nominate any suitable person to be a member without such submission.

(3) Subject to this Part, a member of the Board shall hold office for such period, not exceeding three years, as is specified in the instrument of his appointment but shall be eligible for re-appointment.

(4) The Governor in Council may at any time remove a member of the Board from office.

(5) A member of the Board may resign his office by writing signed by him and delivered to the Governor in Council.

(6) In the case of the illness or absence of a member or in the case of a vacancy in the office of a member the Minister may, subject to this section, appoint a person to act as the deputy of that member during that illness or absence or until that vacancy is filled (as the case may be) and the deputy may exercise the powers and perform the duties of that member accordingly.

89. (1) A member of the Board not being a person employed Feei. by or on behalf of the Crown or any public authority or municipality shall receive such fees as are from time to time fixed by the Governor in Council.

(2) A member of the Board shall receive such travelling and other allowances as are from time to time fixed by the Governor in Council.

90. (1) The


Meetings. 90. (1) The chairman shall preside at a meeting of the Board at which he is present and if he is not present at a meeting the members present shall elect one of their number to preside at the meeting.

(2) Six members of the Board shall constitute a quorum.

(3) Subject to the presence of a quorum the Board may act notwithstanding any vacancy in its membership.

(4) The powers and functions of the Board may be exercised in accordance with a majority of the votes of the members of the Board present and voting at any meeting and in the event of an equality of votes the person presiding shall have an additional or casting vote.

(5) An act or decision of the Board shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member of the Board, or in the case of a person appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased.

(6) The Board shall meet at such times and places as are fixed by the chairman.

(7) Subject to this Part and the regulations the Board may regulate its own proceedings.

Vacancies. 91. (1) If any member of the Board— (a) is absent without permission of the Board from four

consecutive meetings of the Board; (6) becomes bankrupt or his property becomes in any

manner subject to control under the law relating to bankruptcy;

(c) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence;

(c/) becomes incapable of performing the duties of his office; (e) is removed from office or resigns his office; or ( / ) d i e s -

his office as a member of the Board shall become vacant.

Application for 92. (1) Any person may apply to the Board to be registered as p'iumblr'.°" "^" a plumber under this section in respect of plumbing work of a

prescribed class.

(2) The Board shall register an applicant under sub-section (1) if it is satisfied that the applicant—

(a) holds a prescribed qualification; (b) has the prescribed experience;

(c) is


(c) is of good character; and {d) has paid the prescribed fee for registration under this

section.

(3) Notwithstanding anything in sub-section (2), the Board may register an applicant who is not qualified to be registered under this section by reason only that he does not hold a prescribed qualification if the applicant holds such a qualification as is approved by the Board for the purposes of this sub-section.

(4) Any person, who immediately before the commencement of this section, was registered under the former regulations in a class of plumbing work which is deemed by the virtue of the regulations made under this Part to correspond with a prescribed class of plumbing work shall be deemed to be registered under this section in that corresponding prescribed class of plumbing work.

(5) Nothing in this section shall prevent the Board from registering an eligible person in more than one class of plumbing work.

93. (1) A person registered under section 92 or an applicant Application for for registration under that section may apply to the Board to have ''"''°™"""'-the register endorsed in relation to him to the effect that he is authorized to undertake or engage in advanced plumbing work of a prescribed class.

(2) The Board shall endorse the register in relation to an applicant under sub-section (1) to the effect that he is authorized to undertake or engage in advanced plumbing work of a prescribed class if it is satisfied that the applicant—

{a) holds a prescribed qualification; {b) has the prescribed experience in advanced plumbing

work of that class; and (c) has paid the prescribed fee for the endorsement of the

register under this section. (3) Notwithstanding anything in sub-section (2), the Board

may endorse the register in relation to an applicant who is not qualified to have the register endorsed in relation to him under this section by reason only that he does not hold a prescribed qualification if the applicant holds such a qualification as is approved by the Board for the purposes of this sub-section.

(4) Where under this section the Board endorses the register in relation to any person to the effect that he is authorized to undertake or engage in advanced plumbing work of a prescribed class, the Board shall endorse to the same effect the certificate of registration issued to that person under section 96.

(5) Nothing


Application for rettistrallon as draioer.

(5) Nothing in this section shall prevent the Board from endorsing the register in relation to an eligible person in respect of more than one class of advanced plumbing work.

94. (1) Any person may apply to the Board to be registered as a drainer under this section.

(2) The Board shall register an applicant under sub-section (1) if it is satisfied that the applicant—

(a) holds a prescribed qualification;

(b) has the prescribed experience;

(c) is of good character; and

(d) has paid the prescribed fee for registration under this section.

(3) Notwithstanding anything in sub-section (2), the Board may register an applicant who is not qualified to be registered under this section by reason only that he does not hold a prescribed qualification if the applicant holds such a qualification as is approved by the Board for the purposes of this sub-section,

(4) Any person who, immediately before the commencement of this section, was licensed as a drainer by a prescribed authority or registered as a plumber sanitary under the former regulations shall be deemed to be registered under this section.

Applications to be in writing.

95. An application to the Board under this Part— (a) shall be in writing signed by the applicant; (b) shall be given to the Registrar; and (c) shall be accompanied by the fee prescribed for applications

of that kind.

Issue of certificate of registration.

96. The Registrar shall, upon payment of the prescribed fee, issue the appropriate certificate of registration to any person registered under this Part.

Issue of duplicate certificates.

97. The Registrar may, upon being satisfied that a .certificate of registration issued under this Part has been lost or destroyed, issue, upon payment of the prescribed fee, a duplicate certificate which shall have the same force as the original certificate.

Effect of 98. (1) A certificate of registration issued under section 96 in TpiuSbS-? " respect of a class of plumbing work shall while in force entitle the

holder thereof to engage in or undertake plumbing work of that class in Victoria.

(2) A person

endorsement.


(2) A person shall not engage in or undertake plumbing work of any prescribed class unless he is the holder of a current certificate of registration issued under section 96 in respect of plumbing work of that class.


(3) The provisions of sub-section (2) shall not apply— (a) to any apprentice who is engaged in plumbing work of

a prescribed class under the eflfective supervision of a person registered under this Part in respect of plumbing work of that class; or

{b) to any person who is the holder of a permit in respect of a class of plumbing work where he is engaged in plumbing work of that class under the effective supervision of a person registered under this Part in respect of plumbing work of that class.

99. (1) An endorsement of the register under section 93 in Effect OJ; relation to any person shall while in force entitle that person to engage in or undertake in Victoria advanced plumbing work of the class set out in that endorsement.

(2) A person shall not engage in or undertake advanced plumbing work of any prescribed class unless the register has been endorsed under section 93 to the effect that he is authorized to engage in or undertake advanced plumbing work of that class.


(3) The provisions of sub-section (2) shall not apply to any registered plumber—

{a) who is employed in advanced plumbing work of a prescribed class under the effective supervision of a person in respect of whom the register has been endorsed to authorize the carrying out of advanced plumbing work of that class; and

{b) who holds a permit in respect of advanced plumbing work of that class.

100. (1) A certificate of registration issued under section 96 Effect of in respect of draining work shall while in force entitle the holder "*ci«ine°" thereof to engage in or undertake draining work in Victoria.

(2) A person shall not engage in or undertake draining work unless he is a holder of a current certificate of registration in draining work issued under section 96.


(3) The

37843/81—64

2017

2Qjg 1981 Building Control No. 9720

(3) The provisions of sub-section (2) shall not apply— {a) to a registered plumber; or ib) to

il) an apprentice; or (ii) the holder of a permit for draining work

issued under the regulations— who is engaged in draining work under the effective supervision of a registered drainer.

Inquiry by 101. (1) Subjcct to this scction, the Board— Board.

{a) shall forthwith upon a complaint being made to it by a prescribed authority; and

{b) may, in any other case, on its own motion— inquire into the conduct character and abilities of any person who is the holder of a certificate of registration issued under this Part.

(2) The Board shall not make any order in an inquiry under sub-section (1), unless the holder of the certificate of registration has been given the opportunity of appearing before the Board and stating his case.

(3) The Board shall by notice in writing advise the certificate holder of the place and time at which he will be able to appear and be heard before the Board.

(4) Where the Board has instituted an inquiry under this section upon the complaint of a prescribed authority, the Board shall in writing advise the prescribed authority of the inquiry and give the prescribed authority an opportunity to appear and be heard before the Board.

(5) Notwithstanding anything in section 104, the Board may at any time revoke any suspension imposed on a certificate holder by a prescribed authority under that section.

(6) If, after completing its inquiry under this section, the Board is satisfied that there is not proper cause for disciplinary action, it shall revoke any suspension imposed on a certificate holder by a prescribed authority under section 104 (which has not already been revoked).

(7) If, after completing its inquiry under this section, the Board is satisfied that there is proper cause for disciplinary action, it may exercise any one or more of the following powers:

(fl) It may reprimand the certificate holder; (6) It may require the certificate holder to pay the costs of

or incidental to the inquiry; (c) Where


(c) Where in the course of the inquiry the certificate holder is found to have done unsatisfactory work, the Board may impose on him a fine not exceeding the estimated cost of rectification of that work, and in any other case it may impose on him a fine not exceeding $500;

{d) It may suspend the registration of or any endorsement of the register in relation to that person or both for a period not exceeding twelve months; or

(e) It may cancel the registration or endorsement or both. (8) Where the Board makes an order under this section

suspending the registration of any person under section 92 or 94 or the endorsement of the register under section 93 in relation to any person—

(ft) the Registrar shall record the suspension in the register; and

(b) the person shall, during the period of the suspension, be deemed for the purposes of this Part not to be a registered plumber or registered drainer or licensed plumber, as the case may be.

(9) Where the Board makes an order under this section cancelling or suspending the registration of any person under this Part, the certificate of registration of that person shall cease to be in force or shall cease to be in force for the period of the suspension (as the case may be).

(10) The Board may at any time revoke an order made under this section cancelling or suspending the registration of any person under section 92 or 94 or the endorsement of the register under section 93 in relation to any person.

(11) Where the Board makes an order under this section in relation to any person the Registrar shall in writing notify—

(a) that person; and {b) any body which the Registrar considers should be so

notified— of the making of that order.

(12) Any notice given under this section may be served by post by pre-paid letter addressed to the holder of the certificate and in proving service of the notice it shall be sufficient to prove that the notice was addressed to the usual or last known place of residence or business of the certificate holder and was put into the post.

102. The provisions of sections 14, 15 and 16 of the Evidence Application of Act 1958 shall apply to and in relation to any inquiry by the Board fgs*"" "*" as if the Board were appointed by the Governor in Council and the chairman had the power of a chairman of a board appointed by the Governor in Council.

103. (1) There


Cause for 103. (1) There shall be proper cause for disciplinary action KS"""" ' against the holder of a certificate of registration in respect of

plumbing work issued under section 96, if he— (a) obtained his registration or any renewal thereof by

fraud or misrepresentation or concealment of facts; (b) has been convicted of an offence against this Part or the

regulations or any corresponding previous enactment or regulations made thereunder;

(c) has committed any other offence the commission of which renders him, in the opinion of the Board, unfit to be the holder of the certificate;

(d) has had his registration or licence or other authorization to engage in plumbing work in any place outside Victoria cancelled or suspended for any reason other than the failure of that person to renew that registration licence or other authorization;

{e) has been guilty of any negligence or incompetence in connexion with the performance of any plumbing work or advanced plumbing work;

( / ) has carried out plumbing work or advanced plumbing work otherwise than in a good and workmanlike manner;

(g) has been guilty of any fraudulent conduct in regard to the carrying out or completion of any plumbing work or advanced plumbing work; or

{h) in the course of carrying out any plumbing work or advanced plumbing work used faulty or unsuitable materials.

(2) In addition to the matters referred to in sub-section (1), there shall be proper cause for disciplinary action against a person in relation to whom the register has been endorsed under section 93 if he—

{a) obtained that endorsement or any renewal thereof by fraud, misrepresentation or concealment of facts; or

{b) has had his registration or licence or other authorization to engage in advanced plumbing work in any place outside Victoria cancelled or suspended for any reason other than the failure of that person to renew that registration licence or other authorization.

(3) There shall be proper cause for disciplinary action against the holder of a certificate of registration in respect of draining work issued under section 96 if he—

{a) has obtained his registration or any renewal thereof by fraud or misrepresentation or concealment of facts;

(b) has


(b) has been convicted of an offence against this Part or the regulations or any corresponding previous enactment or regulations made thereunder;

(c) has committed any other offence the commission of which renders him, in the opinion of the Board, unfit to be the holder of the certificate;

(d) has had his registration or licence or other authorization to engage in draining work in any place outside Victoria cancelled or suspended for any reason other than the failure of that person to renew that registration licence or other authorization;

(e) has been guilty of any negligence or incompetence in connexion with the performance of any draining work;

( / ) has carried out draining work otherwise than in a good and workmanlike manner;

(g) has been guilty of any fraudulent conduct in regard to the carrying out or completion of any draining work; or

(h) in the course of carrying out any draining work used faulty or unsuitable materials.

104. (1) Where a prescribed authority proposes to make a Powera of

complaint to the Board with respect to a registered plumber on any SSXo'rito. ground referred to in paragraph (e), ( / ) or (h) of sub-section (1) of section 103 the prescribed authority may suspend the right of that registered plumber to carry out plumbing work or advanced plumbing work or both within its area until the Board has made an order in relation to the matter.

(2) Where a prescribed authority proposes to make a complaint to the Board with respect to a registered drainer on any ground referred to in paragraph (e), ( / ) or (h) of sub-section (3) of section 103 the prescribed authority may suspend the right of that registered drainer to carry out draining work within its area until the Board has made an order in relation to the matter.

(3) Where, under sub-section (1) or (2), a prescribed authority has determined to suspend the right of any person to carry out plumbing work, advanced plumbing work or draining work in its area, it shall forthwith in writing—

(a) notify that person of the suspension; (b) make its complaint to the Board; and (c) advise the Board of the suspension.

(4) Any suspension under this section shall take effect from the time of service of the notice under sub-section (3) on the person concerned.

(5) Where

2021


(5) Where a person is subject to a suspension under this section, that person shall during the period that the suspension is in force, be deemed not to be a registered plumber or registered drainer or licensed plumber (as the case may be) in relation to plumbing work or advanced plumbing work or draining work (as the case may be) in the area to which the suspension relates.

(6) Where a suspension is in force under this section in relation to any person, the certificate of registration of that person shall cease to be in force during the period that the suspension is in force to the extent that the certificate relates to the carrying out of plumbing work, advanced plumbing work or draining work (as the case may be) in the area specified in the notice of suspension.

(7) Any notice given under this section may be served by post by pre-paid letter addressed to the registered plumber licensed plumber or registered drainer concerned and in proving service of the notice it shall be sufficient to prove that the notice was addressed to the usual or last known place of residence or business of that person and was put into the post.

(8) In this section— "Area" in relation to a prescribed authority means the area

or areas under the jurisdiction of the prescribed authority.

Delegation 105. (1) A council may by instrument in writing delegate its uSiSorittes. powers under section 104 to the municipal clerk or municipal

engineer of that municipality.

(2) Any other prescribed authority may by instrument in writing delegate its powers under section 104 to the Secretary or senior engineer of the prescribed authority.

(3) A power delegated under this section shall be exercised in accordance with the instrument of delegation.

(4) A prescribed authority may vary or revoke a delegation made by it.

(5) The delegation of a power by a prescribed authority does not prevent the exercise or performance of the power by the prescribed authority.

(6) Any act or thing done in the performance of any power by a person to whom the power has been delegated by a prescribed authority shall have the same force and effect as if it had been done by the prescribed authority.

106. (1) A person aggrieved by an order of the Board made under section 101 may, within one month of being notified of the making of the order, appeal therefrom to the County Court.

(2) Any


(2) Any appeal under sub-section (1) shall be by way of a rehearing and the judge may inquire into and decide upon the appeal, and for that purpose may do all such matters and things relating thereto in the same manner and to the same extent as he is empowered to do in the course of exercising his ordinary jurisdiction in the County Court and his decision shall be final and without appeal.

(3) Subject to the County Court Act 1958 the Judges of the County Court may make rules (including rules with respect to costs) for or with respect to appeals under sub-section (1).

(4) The amount of any fine or costs imposed by the Board may be recovered in any court of competent jurisdiction as a debt due to the Crown.

107. The Board may provide an information service on all Information

aspects of plumbing gasfitting and draining for the use of plumbers '*"'"*• gasfitters and drainers and the general public and may charge fees as prescribed for the use of that service.

108. (1) Subject to the Public Service Act 1974, there shall be Registrar, appointed a Registrar of the Board.

(2) The Registrar shall— (a) keep a register to be called the Plumbers Gasfitters and

Drainers Register which shall contain the prescribed particulars of persons registered under section 92 or 94 and of endorsements made under section 93; and

(6) generally carry out any other function or duty given to or imposed on him by or under this Part.

(3) A certificate purporting to be signed by the Registrar stating—

(a) that a person is or is not or was or was not registered under section 92 or 94; or

(6) that the register is or is not or was or was not endorsed in relation to any person to the effect that that person is or was authorized to undertake or engage in advanced plumbing work of. a prescribed class—

shall be evidence of the facts stated in the certificate.

109. (1) The Board may, with the approval of the Governor i n Regulations.

Council, make regulations for or with respect to— (a) prescribing the qualifications (whether conferred or

obtained in Victoria or in any place outside Victoria) to be held by persons desiring to be registered under

this


this Part as plumbers or drainers, or to obtain endorsement to undertake or engage in advanced plumbing work;

(b) prescribing for the purposes of this Part classes of plumbing work and advanced plumbing work;

(c) prescribing the fees to be paid for— (i) examinations; (ii) registration under section 92 or 94;

(ili) endorsement under section 93; (iv) the issue of certificates (including duplicate

certificates) under this Part; (v) renewals of registration under this Part; and (vi) the issue of permits under the regulations;

{d) regulating examinations in plumbing work, draining work and advanced plumbing work, including—

(i) the time, place and manner of holding examinations;

(ii) the qualifications necessary and the conditions of entry for examinations; and

(iii) the recognition of other qualifications in lieu of examinations;

{e) regulating the issue of permits by the Board to registered plumbers for the purpose of enabling them to train in other classes of plumbing work or advanced plumbing work and to persons wishing to train in draining work;

( / ) renewals of registration under this Part; (g) prescribing for the purposes of this Part classes of

plumbing work and advanced plumbing work and designating the classes of plumbing work prescribed by the former regulations which correspond with classes of plumbing work prescribed under the regulations made under this section;

(h) prescribing authorities for the purpose of this Part; ( I ) prescribing the form of the Plumbers Gasfitters and

Drainers Register and the entries to be made therein and the particulars to be contained therein;

(y) the removal of names from and the restoration of names to the register;

(A:) prescribing the charges to be made for the use of the information service;

(/) generally


(/) generally regulating and controlling— (i) the carrying out of plumbing work and

advanced plumbing work by registered plumbers and licensed plumbers;

(ii) the carrying out of draining work by registered drainers;

(iii) advertising by registered plumbers and licensed plumbers in relation to plumbing work and advanced plumbing work; and

(iv) advertising by registered drainers in relation to draining work;

(m) prescribing forms for the purposes of this Part; («) prescribing the procedure for appeals to the Board under

this Part; and (o) generally prescribing any matter or thing authorized

or required to be prescribed for carrying into effect the purposes of this Part.

(2) Where a regulation prescribing amending or affecting any subject of examinations is made pursuant to sub-section (1) it shall be of no force or effect until three months after the making thereof.

(3) The Registrar shall post to each student currently enrolled for the subject to which the regulation relates, a notice of the making of the regulation.

110. (1) Upon the date of commencement of section 86— Trafuilional.

(a) the Plumbers and Gasfitters Board constituted under the former regulations shall be abolished and the members thereof shall go out of office;

(b) the Board shall become and be the successor in law of the Plumbers and Gasfitters Board; and

(c) the Plumbers and Gasfitters Regulations 1974 (as amended) shall be revoked.

(2) Upon and from the date of commencement of section 86— (a) a reference in an Act, regulation, order or document

to the Plumbers and Gasfitters Board shall, unless inconsistent with the context or subject matter, be deemed to be a reference to the Board; and

(b) all acts, matters and things of a continuing nature lawfully made, done or commenced before the commencement of this section by or on behalf of the Plumbers and Gasfitters Board shall be deemed to have been done or commenced by or on behalf of the Board.

PART

2025


P A R T V I I . — B U I L D I N G QUALIFICATIONS BOARD

Interpretation. 111. In this Par t unlcss inconsistent with the context or subject-matter—

"Board." " B o a r d " means the Building Qualifications Board established under this Part .

••Register." "Regis ter" means the Building Qualifications Register kept

under this Part .

"Registrar." "Regis t ra r" means Registrar of the Board.

••Regulations." "Regula t ions" means regulations under this Part .

Building 112. Fo r the purposes of this Act there shall be established Board.'*'""' a Board to be known as the Building Qualifications Board.

Powers and 113. Subject to this Act the powers and functions of the Board functions of . n , Board. S h a l l DC

(a) to prescribe the qualifications (whether obtained in Victoria or in any place outside Victoria) to be held by any person desiring to be qualified under this Act as a building surveyor or building inspector;

{b) to prescribe courses of study or training for the purpose of qualification of persons as building surveyors and building inspectors;

(c) to hold or cause to be held examinations for persons desiring to qualify themselves under this Act as building surveyors and building inspectors;

{d) to issue certificates of qualification as provided in this Part;

(e) to cancel or suspend any certificate of qualification issued by the Board under this Part;

( / ) to arrange for a Building Qualifications Register to be kept; and

(g) generally to perform any other function or duty given to or imposed on it by or under this Part.

Membership of 114. (1) The Board shall consist of three members of whom— Board.

{a) one shall be the person for the time being holding the office of chairman of the Plumbers Gasfitters and Drainers Registration Board ; and

{b) two shall be persons appointed by the Governor in Council on the nominat ion of the Minister.

(2) The Governor in Council shall appoint one of the members of the Board to be the chairman of the Board.

(3) Subject


(3) Subject to this Part, a member of the Board appointed by the Governor in Council shall hold office for such period, not exceeding three years, as is specified ,in the instrument of his appointment but shall be eligible for re-appointment.

(4) The Governor in Council may at any time remove an appointed member of the Board from office.

(5) An appointed member of the Board may resign his office by writing signed by him and delivered to the Governor in Council.

(6) In the case of the illness or absence of a member or in the case of a vacancy in the office of a member the Minister may, subject to this section, appoint a person to act as the deputy of that member during that illness or absence or until that vacancy is filled (as the case may be) and the deputy may exercise the powers and perform the duties of that member accordingly.

115. (1) The chairman shall preside at meetings of the Board Meetings.

at which he is present and if he is not present at a meeting the members present shall elect one of their number to preside at the meeting.

(2) Two members of the Board shall constitute a quorum.

(3) Subject to the presence of a quorum the Board may act notwithstanding any vacancy in its membership.

(4) The powers and functions of the Board may be exercised in accordance with a majority of the votes of the members of the Board present and voting at any meeting and in the event of an equality of votes the person presiding shall have an additional or casting vote.

(5) An act or decision of the Board shall not be invalid by reason only of a defect or irregularity in or in connexion with the appointment of a member of the Board, or in the case of a person appointed to act as a member, on the ground that the occasion for his so acting had not arisen or had ceased.

(6) The Board shall meet at such times and places as are fixed by the chairman.

(7) Subject to this Part and the regulations, the Board may regulate its own proceedings.

116. (1) A member of the Board not being a person employed by Fees. or on behalf of the Crown or any public authority or municipality shall receive such fees as are from time to time fixed by the Governor in Council.

(2) A member of the Board shall receive such travelling and other allowances as are from time to time fixed by the Governor in Council.

117. (1) If

2027


Vacancies. 117. (1) If either member of the Board appointed by the Governor in Council—'

{a) is absent without permission of the Board from four consecutive meetings of the Board;

(6) becomes bankrupt or his property becomes in any manner subject to control under the law relating to bankruptcy;

(c) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence;

id) becomes incapable of performing the duties of his office; (e) is removed from office or resigns his office; or ( / ) d i e s -

his office as a member of the Board shall become vacant.

Building surveyor.

118. The Board shall on the application of any person issue a certificate of qualification as a building surveyor to that person if the Board is satisfied that he—

(a) holds a prescribed qualification; (b) has passed the examinations (if any) required by the

Board to be passed; (c) is of good character; (d) has paid the prescribed fee for the issue of the certificate;

and {e) has complied with any other conditions prescribed by the

regulations.

Building inspector.

119. The Board shall on the application of any person issue a certificate of qualification as a building inspector to that person if the Board is satisfied that he—

{a) has passed the examinations (if any) required by the Board to be passed;

(b) is of good character; (c) has paid the prescribed fee for the issue of the certificate;

and id) has complied with any other conditions prescribed by

the regulations.

Certificates. 120. Every certificate issued by the Board pursuant to sections 118 and 119 shall be signed at a meeting of the Board by all the members of the Board present at that meeting.

Applications to be in writing.

121. An application to the Board under this Part— (a) shall be in writing signed by the applicant; (6) shall be given to the Registrar; and

(c) shall

by Board.


(c) shall be accompanied by the fee prescribed for applications of that kind.

122. The Registrar may, upon being satisfied that a certificate iMue or issued under this Part has been lost or destroyed, issue, upon certilSlfei. payment of the prescribed fee, a duplicate certificate which shall have the same force as the original certificate.

123. (1) Subject to this section, the Board may inquire into J iui the conduct character and abilities of any person who is the holder of a certificate of qualification issued under this Part.

(2) The Board shall not make any order in an inquiry under sub-section (1) unless the holder of the certificate has been given the opportunity of appearing before the Board and stating his case.

(3) The Board shall by notice in writing advise the certificate holder of the place and time at which he will be able to appear and be heard before the Board.

(4) The Board may suspend a certificate which it has issued while an inquiry is being held into the conduct, character or ability of the holder.

(5) If, after completing its inquiry under this section, the Board is satisfied that the certificate holder is guilty of discreditable conduct, the Board may exercise any one or more of the following powers:

(a) It may reprimand the certificate holder; (b) It may require the certificate holder to pay the costs of

or incidental to the inquiry; (c) It may require the certificate holder to give an

undertaking to refrain from some specific conduct; (d) It may impose on the certificate holder a fine not

exceeding $200; (e) It may suspend his certificate for a period not exceeding

three years; or ( / ) It may cancel his certificate.

(6) If, after completing its inquiry under this section, the Board finds that the certificate holder is incapable of performing the duties of his office, the Board may suspend his certificate for a period not exceeding three years or cancel his certificate.

(7) Where the finding of the Board is favourable to the holder of the certificate the Board shall pay his reasonable costs.

(8) Where the Board makes an order under this section in relation to any person the Registrar shall notify that person in writing of the making of the order.

(9) Where


Application of Evidence Act 1938.

Appeal.

(9) Where the Board has suspended or cancelled the certificate of qualification of a person as a building surveyor or building inspector that person shall not be capable of holding the office to which the certificate relates while the certificate is so suspended or cancelled.

(10) Any notice given pursuant to this section may be served by post by pre-paid letter addressed to the holder of the certificate and in proving service of the notice it shall be sufficient to prove that the notice was addressed to the usual or last known place of residence or business of the certificate holder and was put into the post.

124. The provisions of sections 14, 15 and 16 of the Evidence Act 1958 shall apply to and in relation to any inquiry by the Board as if the Board were appointed by the Governor in Council and the chairman had the power of the chairman of a board appointed by the Governor in Council.

125. (1) A person aggrieved by an order of the Board made under section 123 may, within one month of being notified of the making of the order appeal therefrom to the County Court.

(2) Any appeal under sub-section (1) shall be by way of a re-hearing and the judge may inquire into and decide upon the appeal, and for that purpose may do all such matters and things relating thereto in the same manner and to the same extent as he is empowered to do in the course of exercising his ordinary jurisdiction in the County Court, and his decision shall be final and without appeal.

(3) Subject to the County Court Act 1958 the Judges of the County Court may make rules (including rules with respect to costs) for or with respect to appeals under sub-section (1).

(4) The amount of any fine or costs imposed by the Board may be recovered in any court of competent jurisdiction as a debt due to the Crown.

Advice of decision of Board to employer.

Registrar.

126. Where there is no appeal under section 125 against the decision of the Board or the appeal is dismissed the Board shall forthwith notify the decision to the employer of the holder of the certificate (if any) and to any professional association of which he is known by the Board to be a member.

127. (1) Subject to the Public Service Act 1974, there shall be appointed a Registrar of the Board.

(2) The Registrar shall— (a) keep a register to be called the Building Qualifications

Register which shall contain the prescribed particulars of all persons to whom certificates have been issued under section 118 or 119; and

{b) generally


(Jb) generally perform any other function or duty given to or imposed on him by or under this Part.

128. (1) The Board may, with the approval of the Governor in Reguiauons. Council, make regulations for or with respect to—

{a) prescribing the qualifications (whether obtained in Victoria or in any place outside Victoria) to be held by any person desiring to be qualified under this Act as a building surveyor or building inspector;

{b) prescribing courses of study or training for the purpose of qualification of persons as building surveyors and building inspectors;

(c) regulating the examination of persons desiring to be qualified as building surveyors or building inspectors including—

(i) the time, place and manner of holding examinations;

(ii) the qualifications necessary and the conditions of entry for examinations; and

(iii) the recognition of other qualifications in lieu of examinations;

{d) prescribing the fees to be paid for— (i) examinations; and (ii) the issue of certificates (including the issue of

duplicate certificates); (e) prescribing the conditions necessary (including conditions

of age, training and experience) for the issue of certificates of qualification;

( / ) prescribing the form of the Building Qualifications Register and the entries to be made therein and the particulars to be contained therein;

(^) the removal of names from and the restoration of names to the register;

(h) prescribing forms for the purposes of this Part; and

(/) generally prescribing any matter or thing authorized or required to be prescribed for carrying into effect the purposes of this Part.

(2) Where a regulation prescribing, amending or affecting any subject of examination is made pursuant to sub-section (1) it shall be of no force or effect until three months after the making thereof.

(3) The Registrar shall post to each student currently enrolled for the subject to which the regulation relates, notice of the making of the regulation.

129. (1) Upon


129. (1) Upon the date of commencement of section 112— (a) the Building Qualifications Board constituted under the

Local Government Act 1958 shall be abolished and the members thereof shall go out of office; and

(b) the Board shall become and be the successor in law of the Building Qualifications Board constituted under the Local Government Act 1958.

(2) Upon and from the date of commencement of section 112— (a) a reference in an Act, regulation, order or document to

the Building Qualifications Board constituted under the Local Government Act 1958 shall, unless inconsistent with the context or subject matter, be deemed to be a reference to the Board; and

(b) all acts, matters and things of a continuing nature lawfully made, done or commenced before the commencement of section 112 by or on behalf of the Building Qualifications Board constituted under the Local Government Act 1958 shall be deemed to have been made done or commenced by or on behalf of the Board.

Trauiuonai. 130. Where at the date of commencement of section 112 any person holds a certificate of qualification as a building surveyor or a certificate of qualification as a building inspector issued by the Building Qualifications Board or any corresponding previous body under the Local Government Act 1958 and in force at that date, that certificate of qualification shall for the purposes of this Act be deemed to have been issued by the Board pursuant to this Part.

PART VIII.—FIRE PROTECTION IN EXISTING BUILDINGS

Application or 131. (1) This Part applies to every building whenever the partvuL building was constructed.

(2) Save as otherwise expressly provided, the adminis t ra t ion and enforcement of this Par t within any municipal district shall be carried ou t by the council of tha t municipality.

Delegation 132. (1) A couucil may by resolution delegate to any commit tee by council. ^^ ^^ council such of its powers , discretions, functions or authori t ies

under this Part as it from time to time determines (other than this power of delegation).

(2) The council may by resolution vary or revoke a delegation made under this section.

(3) The


(3) The delegation of a power, discretion, function or authority by the council does not prevent the exercise or performance of the power, discretion, function or authority by the council.

(4) Any act or thing done in the performance of a function or in the exercise of a power, discretion or authority by a committee acting under a delegation under this section shall have the same force and effect as if it had been done by the council.

(5) A council may authorize any person or persons in addition to the building surveyor to exercise the powers and perform the duties of the building surveyor under this Part and a reference in this Part to the building surveyor shall include a reference to a person so authorized.

133. (1) If it appears to the building surveyor and to the chief Buildings iikeiy officer that because of any defect referred to in sub-section (2) a iS 'offl"?* building may constitute a hazard in case of fire the building surveyor and the chief officer—

(a) shall make a joint report in writing thereon to the council; {b) shall in that report make recommendations specifying

what works (including alterations of the building or the provision of equipment or means of escape or egress) ought in their opinion to be carried out in or in connexion with the building so as to make the building reasonably safe from fire and to provide in the event of fire reasonable protection and means of escape for the occupants of the building and for members of the public who may be using the building.

(2) For the purposes of sub-section (1) the defects referred to therein are as follows:

{a) That there are insufficient means of escape in the event of fire for the occupants of the building and for members of the public who may use the building;

{b) That there is insufficient protection to delay the spread of fire and smoke to facilitate escape from within the building;

(c) That there are insufficient devices, appliances and equipment in the building for the detection and extinguishment of fire;

{d) That there are insufficient means of preventing a fire. 134. (1) Where a council receives a joint report made to the Scrvica of

council under section 133 (1) the council shall cause to be served on the """'"' """"• owner of the building and every occupier of the building a copy of the report together with a notice in writing advising the person upon whom it is served—

(a) that, subject to paragraph (b), the report will be brought before the council under section 135 at the first meeting of the council after the expiration of three months from the giving of the notice; and

{b) that


Municipal cleric to cause report to bo placed before council for consideration.

{b) that if the ov/ner agrees to carry out the recommendations made in the joint report or to carry out an alternative programme of vi'orks agreed to by the building surveyor and the chief officer as effectively achieving the objects of the recommendations made in the joint report the agreement shall be submitted to the council forthwith and the report and agreement will be brought before the council under section 135 at the first meeting of the council after that submission.

(2) A copy of a report and notice shall be deemed to have been served on every occupier of a building pursuant to sub-section (1) if the council—

(a) makes a copy of the report available at its offices for inspection;

{b) causes the notice to be continuously displayed in a conspicuous position on the building to which it relates for a period of 28 days; and

(c) includes in that notice a statement to the effect that the report may be inspected at the offices of the council without charge during ordinary office hours.

(3) A council shall be deemed to have complied with sub-section (2) with respect to the display of a notice if it took all reasonable steps to ensure that the notice was continuously displayed in a conspicuous position as required by that sub-section during that 28 day period.

135. (1) Except as provided in sub-section (2), the municipal clerk shall at the first meeting of the council after the expiration of the period of three months referred to in section 134 (1) cause the joint report to be placed before the council for consideration.

(2) Where an agreement has been submitted to the council pursuant to section 134 (1), the municipal clerk shall at the first meeting of the council after that submission cause the joint report and the agreement to be placed before the council for consideration.

(3) At a meeting referred to in sub-section (1) or (2), the council shall consider the joint report and the recommendations made in it and in the case of a meeting under sub-section (2), the agreement and any proposals made in it, and after giving the chief officer and the owner and every occupier of the building an opportunity to be heard—

(a) may adopt the recommendations or proposals (with or without modification or amendment);

{b) may refuse to adopt the recommendations or proposals; or

(c) may refer the matter to the building surveyor and the chief officer for further report and recommendations.

(4) Where,


(4) Where, under sub-section (3) (c), the council refers a matter to the building surveyor and the chief officer for further report and recommendations, the council shall adjourn consideration of the matter until such date (being not later than the date of the first meeting of the council after the expiration of two months from the commencement of the adjournment) as the council may determine.

136. (1) Where the council has (whether with or without amendment) adopted any recommendations or proposals under section 135 with respect to any building it shall cause to be served on the owner and every occupier of the building a notice in writing setting forth the recommendations or proposals as adopted and stating—

(a) that the person on whom the notice is served may within one month after the notice is served appeal to a Building Referees Board established under Part IV. against the decision of the council;

{b) that in default of that person lodging such an appeal that person will be considered as having admitted that the council has complied with all the requirements of this Part and also his liability under the recommendations or proposals and will in all respects be finally bound thereby; and

(c) that any works to be carried out in accordance with the recommendations or proposals adopted shall (subject to the provisions of this Part as to appeals from such adoption) be begun at a time to be specified in the notice and shall be completed within a period to be specified in the notice (being not less than twelve months from the date of the service of the notice).

(2) Where the council refuses to adopt the recommendations or proposals the council shall state in writing the reasons for its refusal and shall cause a copy of the statement of the reasons to be served on the owner and every occupier of the building.

(3) The council shall cause a copy of any notice or statement served under this section to be forwarded to the chief officer.

(4) The provisions of sub-sections (2) and (3) of section 134 shall apply with such modifications and adaptations as are necessary to the service of a notice or statement on an occupier under this section.

Council to give notice to owners and occupiers.

137. The validity of a joint report prepared by the chief officer Report not

and the building surveyor under section 133 shall not be affected by faTfure o'"' any failure of the council or the municipal clerk to comply with any ' "ifmh"'' time limit prescribed under this Part for the doing of any matter or thing by the council or the municipal clerk.

138. (1) At

2036

Appeal.


138. (1) At any time within one month after the council has caused to be served the notices required under section 136 (1), the owner of the building or any person who may be affected by the recommendations or proposals adopted under section 135 may appeal against the decision of the council.

(2) At any time within one month after the chief officer receives a copy of a notice or statement under section 136, he may appeal against the decision of the council.

(3) Every appeal under this Part shall be made to a Building Referees Board established under Part IV.

(4) The appellant shall forthwith upon making the appeal serve a copy of the appeal on—

(a) the council; {b) the chief officer (where he is not the appellant); (c) the owner (where he is not the appellant); and {d) each occupier of the building who requested a hearing

before the council under section 135 (unless that occupier is the appellant).

Powen of the Board on appeals.

Disclosure of fire proiecUon notice.

139. (1) Notwithstanding anything in Part IV. on any appeal under this Part a Building Referees Board—

{a) may proceed with the hearing and make its determination notwithstanding the absence of any of the parties;

{b) may by its determination— (i) confirm a decision of the council to refuse to

adopt the recommendations or proposals; (ii) confirm modify amend or disallow all or any cf

the recommendations or proposals adopted by the council; or

(iii) order the council to adopt the recommendations or proposals with such modifications or amendments (if any) as it thinks fit; and

(c) may postpone the time for beginning any works or may for a further period not exceeding twelve months extend the period for completing the same.

(2) Notwithstanding anything in Part IV. on any appeal under this Part, any of the persons mentioned in section 135 (3) may make a submission to the Building Referees Board with respect to the appeal.

140. (1) The owner of any building in respect of which— (a) a notice served under section 136 (1) is in force; or

(A) in


{b) in the case of an appeal to a Building Referees Board under this Part a determination of the Board (other than a determination to disallow all of the recommendations or proposals adopted by the council under section 135) is in force—

shall not either by himself or his agent, without first notifying the purchaser in writing of that notice or determination and the requirements of that notice or determination (as the case may be), sell or enter into any contract to sell the land on which that building is constructed.

(2) If an owner referred to in sub-section (1) enters into a contract to sell land in contravention of sub-section (1), he shall be guilty of an offence and be deemed to have wilfully concealed a defect in his title and the purchaser under the contract shall at any time before he has executed a transfer or conveyance of the land to himself be entitled to recission of the contract and repayment of any sum he has paid to the owner under the contract together with his reasonable costs or (in the case where the purchaser has executed the transfer or conveyance to himself) the purchaser shall be entitled to recover damages from the owner for any loss suffered as the result of the wilful concealment of that defect in the title.

141. Any person liable to carry out any works under this Part Penaiues. who does not complete those works as required by or under this Part shall be liable to a penalty of not more than 100 penalty units and in case of a continuing offence to a further penalty of not more than 10 penalty units for each day on which the offence is continued after notice in writing from the council or after conviction.

142. Forthwith upon the expiry of the period specified for the Inspection completion of any works by the council or, in the case of an appeal, SnvSmpiSion by a Building Referees Board, the chief officer and the building o*'*"''-surveyor shall inspect the building concerned and if they discover that the specified works have not been completed or have not been completed satisfactorily, they shall forward a report thereon to the Minister.

143. (1) Where— (a) the chief officer and the building surveyor at any time Power to

report to the Minister that in their opinion a building oh'i'w' *" may constitute a hazard in case offire to the extent that STS 'of" the occupation or use of the building should be J^j^^giJ^ prohibited until works are carried out to make the building reasonably safe in the case offire; or

{b) any


{b) any works which are required to be carried out pursuant to the provisions of this Part have not been carried out within the time allowed pursuant to this Part—

the Minister may by order under his hand published in the Government Gazette prohibit the occupation or use of the building by any person,

(2) The Minister may at any time on the recommendation of the chief officer and the building surveyor by order under his hand published in the Government Gazette vary or revoke an order made under sub-section (1).

(3) Any person occupying or using a building while an order under this section prohibiting its occupation or use is in force shall be guilty of an offence and liable to a penalty of not more than 100 penalty units and to a further penalty of not more than 10 penalty units for each day on which occupation or use is continued.

(4) Where an order is made under this section in respect of a building and a joint report has not been prepared under this Part in respect of that building, the chief officer and the building surveyor shall within one month after the making of that order commence to prepare a joint report in respect of that building in accordance with section 133.

Power of Minister to revoke determination or decision.

144. Notwithstanding anything in Part IV., where a Building Referees Board or a council has made a determination or decision requiring work to be carried out under this Part, and the circumstances in respect of which the determination or decision was made have changed, the Minister may, after consultation with the chief officer and the building surveyor, revoke or suspend the operation in whole or in part of the determination or decision.

Interpretation.

"Adjoining occupier."

"Adjoining owner."

"Owner."

PART IX.—PROTECTION OF ADJOINING PROPERTY

145. In this Part unless inconsistent with the context or subject-matter—

"Adjoining occupier" means the occupier or one of the occupiers of an adjoining property.

"Adjoining owner" means the owner of an adjoining property.

"Owner" means the owner of land on which building work is proposed to be carried out.

Administration 146. Save as otherwise expressly provided, the administration °^ ^'"^' and enforcement of this Part within a municipal district shall be

carried out by the council of that municipality.

147. (1) Where

1981 Building Control No. 9720 ^039

147. (1) Where an owner is required under the building """"'f" regulations to provide protection for adjoining property before and or intention

during the carrying out of any buildings works on his land, he shall, building works,

not less than three months before commencing the building works, serve on the adjoining owner and on the building surveyor of the municipality in which the land is situated notice in the prescribed form of his intention to commence carrying out building works on the land together with—

(a) drawings and specifications showing the building works proposed to be carried out;

(b) details of the protection works proposed to be carried out; and

(c) an undertaking in writing to furnish any further particulars required by notice in the prescribed form.

(2) Within one month after service upon him of the notice and information referred to in sub-section (1) the adjoining owner shall—

(a) agree to the proposed protection works; (b) disagree with the proposal; or (c) request amendment of the proposal.

(3) Notwithstanding the three month period specified in sub-section (1), if the adjoining owner agrees to the proposed protection works the owner may proceed with the works upon obtaining any necessary approvals required by this Act or any other Act and the building regulations.

(4) If the adjoining owner disagrees with the proposed protection works the matter shall be referred forthwith to an arbitrator under this Part for determination.

(5) If at the expiration of one month after the service of the notice and information referred to in sub-section (1) the adjoining owner has not agreed to or disagreed with the proposed protection works or requested any amendment of the proposal he shall be deemed to have disagreed with the proposal and the owner may refer the matter to an arbitrator under this Part for determination.

148. (1) Except as provided in section 149, the owner and Arbitrator,

adjoining owner may agree in writing that any nominated person shall act as arbitrator in the matter of any disagreement between them under this Part.

(2) If the person nominated under sub-section (1) consents in writing to act he may act as arbitrator in the event of any disagreement between the parties under this Part.

(3) Where


Emergency procedures.

Appoinunenl oragenl lo act for adjoining owner who U absent or Incapable of acting, &c.

Adjoining occupier* •ntitled to corapeosalion for disruption of activities.

(3) Where the parties have failed for a period of one month to agree upon the appointment of an arbitrator either party may refer the matter to the Minister who shall appoint a person from a panel of names submitted by the governing body of the Institution of Engiiieers of Australia, Victoria Division to act as arbitrator in the matter of any disagreement between them under this Part.

149. (1) The Director, on the appUcation of any owner, may declare that emergency protection works are required in respect of a particular adjoining property.

(2) The provisions of section 147 shall not apply to any protection works to be carried out pursuant to a declaration made under sub-section (1).

(3) Where there is any disagreement between the owner and the adjoining owner with respect to works to be carried out pursuant to a declaration under sub-section (1), either party may refer the matter to the Minister who shall appoint a person from a panel of names submitted by the governing body of the Institution of Engineers of Australia, Victoria Division to be the arbitrator in the matter of the disagreement.

150. (1) Where an owner is required undei: the building regulations to provide protection for an adjoining property but the adjoining owner cannot be found or is for any reason unable to act, the owner may make application in writing to the Minister for the appointment of some suitable person to act as agent for the adjoining owner during his absence or incapacity and shall state in his application the circumstances of the case and the grounds of the application.

(2) If the Minister is satisfied that the adjoining owner cannot, after reasonable inquiry and search, be found or that he is incapable of acting in the matter of any agreement or disagreement, the Minister may in writing appoint some person he considers to be suitable to act as the agent of and in the place of the adjoining owner in respect of the protection works required to be carried out on or over the land of the adjoining owner (as the case may be) and may make an appointment subject to such terms and conditions as to the discharge of his duties as agent and as to the payment of fees and otherwise as the Minister thinks fit.

(3) Where the Minister appoints an agent under this section the Minister shall cause the agent to be notified in writing of his appointment, the nature of his duties as the agent of the adjoining owner, the fees to be paid to the agent by the adjoining owner, and any terms and conditions the Minister thinks fit to impose.

151. (1) An owner is liable to compensate any adjoining occupier for inconvenience, loss or damage suffered by him during the execution of protection works carried out under this Part.

(2) An

1981 Building Control No . 9720 2041

(2) An adjoining occupier who suffers any such inconvenience, loss or damage has the same right to refer a claim for compensation for the inconvenience, loss or damage to an arbitrator as an adjoining owner has under this Part.

(3) Nothing in this Part shall relieve the owner from any liability to which he would otherwise be subject for injury to the adjoining owner or any adjoining occupier by reason of the protection works executed by him under this Part but he shall have a right to complete the works without being subject to proceedings for an injunction.

152. Within two months after the completion of any protection ^^^°^„ works executed under the provisions of this Part the owner shall completion of serve on the adjoining owner and the building surveyor of the """^ municipality in the municipal district of which the land is situated a complete set of drawings and specifications showing the protection works which have actually been executed in respect of the property of the adjoining owner.

153. At any time after notice of intention to commence the inspecuon of carrying out of building works is given under this Part the building wuS*' surveyor of the municipality in the municipal district of which the •"""'"P"''"'-land is situated shall, without any further or other authority than this section, make available to any adjoining owner, at his request, for inspection any drawings and specifications of the proposed building works which are then in the possession or control of the municipality.

154. (1) Before the commencement of any protection works in °^2j"», respect of an adjoining property the owner shall enter into a contract f ™j!«5 of insurance with a reputable insurer against damage by the co«r!" proposed protection works to the adjoining property and against any liabilities likely to be incurred to adjoining occupiers and members of the public during the execution of the building works and for a period of twelve months thereafter.

(2) A contract of insurance for the purposes of this section shall be entered into with a company and to an amount agreed to by the parties or determined by an arbitrator under this Part in the event of dispute, shall be lodged with the adjoining owner before the commencement of the works and shall be renewed or extended as often as may be necessary during the execution of the works and twelve months thereafter.

155. (1) Before the commencement of any protection works p^^Jj^'to the owner in company with the adjoining owner or his agent shall gj^^^''*^ make a full and adequate survey of the adjoining property and shall commencemen make a record in writing or by any other means any of the parties °^"" ' desires of all existing cracks and defects in the adjoining property

which


which shall be signed or otherwise acknowledged as an agreed record of the condition of the adjoining property prior to the commencernent of any works.

(2) A record made under sub-section (1) shall be admissible in evidence in any proceedings relating to the adjoining property and shall be evidence of the condition of the adjoining property at the time the record was made.

Work to 156. (1) All protection works in respect of an adjoining property reguiMTon". &c. shall be executed by the owner as quickly as possible in the

circumstances and in compliance with the building regulations and with the drawings and specifications agreed to between the parties.

(2) In any proceedings before an arbitrator appointed under this Part with respect to the execution of any protection works in respect of an adjoining property under this Part the statement of the building surveyor of the municipality within the municipal district of which the adjoining property is situated as to whether or not the provisions of any building regulations or of any drawings or specifications have been complied with shall be conclusive.

Enlry upon adjoining property for carrying out protection worlts.

Penally for refusal or obstruction.

157. (1) For the purpose of carrying out any protection works required to be carried out by or under the provisions of this Part or the building regulations an owner may by himself or his servants or agents enter between the hours of eight o'clock in the morning and six o'clock in the evening in or upon or into the air space above any adjoining property and execute all such works as are necessary for carrying into effect the provisions of this Part and the building regulations with respect to protection.

(2) Before entering an adjoining property pursuant to the provisions of sub-section (1) the owner shall give not less than 24 hours notice of his intention so to do or such other notice as is agreed upon between the parties.

(3) In the course of carrying out any protection works under this Part an owner may without doing any unnecessary damage remove any furniture or fittings in the adjoining property which obstruct the execution of the works.

(4) An adjoining owner or an adjoining occupier who refuses to admit an owner or his servants or agents to his premises in accordance with any notice or agreement under sub-section (2) for the purpose of carrying out any protection works required by or under this Part or the building regulations to be executed or who obstructs or hinders an owner or his servants or agents in the execution of the works shall be guilty of an offence against this Part and liable to a penalty of not more than 10 penalty units and in the case of a continuing offence to a further penalty of not more than 1 penalty unit for every day such prevention or obstruction continues after the day appointed or agreed upon for the entry.

158, Nothing


158. Nothing in this Part relating to protection (except for Saving for

overhead protection) shall authorize any interference with an '""""""• easement of light or other easement in or relating to a party wall or prejudicially affect the right of any person to preserve any right in connexion with a party wall which is demolished or rebuilt or to take any necessary steps for that purpose.

159. (1) All costs and expenses necessarily incurred by an Expenses of adjoining owner in supervising the execution of protection works owni"!"* on his property by an owner shall be paid by the owner to such extent and on such terms and conditions as are agreed upon between the adjoining owner and the owner or, in the absence of any such agreement or in the event of disagreement, as are determined by an arbitrator under this Part.

(2) The costs and expenses of an adjoining owner which are agreed to be paid or ordered by an arbitrator to be paid may be recovered in a court of competent jurisdiction as a debt due to the adjoining owner.

PART X.—ENFORCEMENT AND MISCELLANEOUS PROVISIONS

160. In this Part unless inconsistent with the context or interpretation, subject-matter—

"Regulations" means any regulations made under this Act. "Regulations."

161. (1) If after due inquiry at which the council has an Power to opportunity of being heard the Minister is of the opinion that any comrp" council has not satisfactorily exercised any power or discretion or powe'4° duties performed any duty conferred or imposed on it by or under any of gj ouncfi"""' the provisions of this Act or the regulations—

(a) the Minister may by order under his hand direct the council to exercise the power or to properly exercise the discretion or to perform the duty withjn a specified time; and

(b) if within the time so specified the power is not exercised or the discretion is not properly exercised or the duty is not performed to the satisfaction of the Minister the Minister may—

(i) make such further order as he considers necessary to secure the satisfactory observance of the provision;

(ii) authorize any person to exercise the power or discretion or perform the duty; or

(iii) himself exercise the power or discretion or perform the duty.

(2) Where


(2) Where under sub-section (1) the Minister is required to hear or give an opportunity to be heard to a council, the Minister may, by instrument in writing, designate any person or persons—

(a) to hear that council or any person representing that council;

(b) to report on that hearing to the Minister; and (c) to make any recommendation to the Minister—

and that hearing shall be deemed to be a hearing of the council by the Minister for the purposes of sub-section (1).

(3) Where a council has failed to exercise a power or properly exercise a discretion or perform a duty in pursuance of an order under sub-section (1), the Minister shall have sufficient standing to maintain proceedings for mandamus or for an order for review under the Administrative Law Act 1978 to enforce the exercise of the power or discretion or the performance of the duty by the council.

(4) Where the Minister or any person on his behalf exercises any power or discretion or performs any duty under sub-section (1), the Minister may by further order direct that all costs charges and expenses thereby incurred and specified in that further order (including remuneration of any persons appointed or employed in that behalf) shall be paid by the council, and that further order may be removed into the Supreme Court and thereupon enforced in the same manner as if it were an order of that court.

(5) For the purposes of this section— (a) the Minister and any persons authorized by him in

that behalf shall have and may exercise all or any of the powers of the council and its officers;

(b) the Minister may institute and carry on any legal or other proceeding as fully and completely as if he were the council of the municipality concerned;

(c) the Minister may institute and carry on any legal or other proceeding against the council or municipality or any officer of or a person employed by the council, and it shall not be necessary for the Minister to give to that council municipality or officer any notice of action required by any Act relating to local government or to municipalities thereunder or to the city of Melbourne or the city of Geelong to be given in the case of actions against municipalities councils or officers thereof;

(d) any sum specified in an order of the Minister made under sub-section (4) for payment of costs charges and expenses shall be deemed to be expenses properly

incurred


incurred by the council and shall be a debt due by the municipality to the Crown, and the order shall be conclusive evidence of the sum due; and

(e) the council and every member or officer thereof and every person employed by it shall aid and assist the Minister and obey all directions given by the Minister in the exercise of any of the powers of the Minister under this section.

(6) The provisions of this section shall be in aid of and not in derogation from any other powers of the Minister or the Governor in Council and shall not prejudice any other proceeding or remedy against or liability of the council or the municipality,

162. (1) If any council does not exercise any power or properly P°*e''" exercise any discretion or perform any duty conferred or imposed paymenu on it by or under this Act or the regulations (including the payment Consolidated of any sum ordered by the Minister to be paid under section 161) »''2i,„'dii' the Treasurer of Victoria may by order under his hand cause all or '" ''«'"""• any moneys payable to or to become payable to the municipality out of the Consolidated Fund or on account of fees fines or penalties not to be paid until the power has been exercised or the discretion has been properly exercised or the duty performed to the satisfaction of the Minister.

(2) The provisions of this section shall be in aid of and not in derogation from any other powers of the Governor in Council the Treasurer of Victoria or the Minister and shall not prejudice any other proceeding or remedy against or liability of the council or the municipality.

163. (1) Where a council has set down guidelines for the exercise Power of or performance of a power discretion function or authority imposed deiegaw "* or conferred on it by any provision of this Act or the building «»"•"• regulations it may by resolution delegate to any of its officers that power discretion function or authority other than—

(a) this power of delegation;

{b) a power to make by-laws conferred under paragraph (x) of sub-section (1) of section 26;

(c) its powers under Division 4 of Part III.; and

(d) its powers under Part VIII.

(2) A resolution made under sub-section (1) shall specify the period of time during which the delegation of power may be exercised or where the council has resolved that the delegation shall be exerciseable for an unlimited period of time the resolution shall so specify.

(3) The


(3) The council may by resolution vary or revoke a delegation made by it.

(4) A power discretion function or authority delegated by the council shall be exercised or performed in accordance with the instrument of delegation and the guidelines set down by the council and shall be subject to the conditions and limitations specified in the instrument of delegation.

(5) The delegation of a power discretion function or authority by the council does not prevent the exercise or performance of the power discretion function or authority by the council.

(6) Any act or thing done in performance of a function or in the exercise of a power discretion or authority by a person to whom that power discretion function or authority has been delegated by the council under sub-section (1) shall have the same force and effect as if it had been done by the council.

(7) Where a council exercises the power of delegation conferred by this section a record of the resolution shall be kept by the municipal clerk in a Register of Delegations and the record shall include a reference to the appropriate entry in the minute book of the council.

(8) The council shall at regular intervals review all decisions made under a delegation and to enable the council to perform this function, every delegate shall keep such records as the council by resolution decides.

^n"S" °^ 1^^- ( 0 Subject to sub-section (3), where the Minister, the chief officer, a government department or public authority or an officer of or any other person authorized by any government department or public authority is authorized or required under this Act or the regulations to carry out any work or inspection or any other function, that person officer or body shall, for the purpose of carrying out that work or inspection or function, have power to enter—

(a) into and upon any dwelling or the land on which a dwelling is situated between the hours of eight o'clock in the morning and six o'clock in the evening; and

(b) into or upon any other building or land at any reasonable time.

(2) Subject to sub-section (3), where a council or an officer of the council or any other person authorized by the council is authorized or required under this Act or the regulations to carry out any work or inspection or any other function, that council or

officer

entry.


officer or person shall, for the purpose of carrying out that work inspection or function, have power to enter—

(ft) into or upon any dwelling or the land upon which a dwelling is situated within its municipal district between the hours of eight o'clock in the morning and six o'clock in the evening; and

{b) into and upon any other building or land within its municipal district at any reasonable time.

(3) A person officer or body referred to in this section shall not except where otherwise provided enter any occupied building unless with the consent of the occupier until after the expiration of 24 hours' notice given for that purpose to the occupier.

(4) A power of entry conferred on the Minister, the chief officer, a government department or public authority under this section, may be exercised by an officer or person authorized in that behalf by the Minister, the chief officer, the government department or the public authority (as the case may be).

165. Notwithstanding anything in section 164, any council o r Powers of prescribed government department or prescribed public authority o r safe^ of any officer or person authorized in that behalf by that council """"^" """• department or authority shall have power to enter any building or land at any time where the safety of the public or the occupants is at risk.

166. (1) Proceedings for an offence against Division 2, 3 or 4 Proceedin,s of Part III. or against Part VIII. or IX. within a municipality may f°'°«''=»«»-be brought by an officer authorized by the council of that municipality and for an offence against the building regulations, may be brought—

(ft) by an officer authorized by the council of the municipality or by any public authority which has a responsibility for the enforcement of the building regulations; or

(b) by any person authorized by the building regulations for that purpose.

(2) Proceedings for any offence against this Act or the regulations may be brought—

(ft) by the Director; or (b) by any other person authorized in writing by the Minister

or the Director to take proceedings for offences against this Act or the regulations.

(3) In proceedings for an offence against this Act or the regulations it shall be presumed, in the absence of evidence to the contrary that the person bringing the proceedings was authorized to bring the proceedings.

167. (1) In


Evidence or 167, (1) In any legal proceedings under this Act or the ownenhp. rcgulations in addition to any other method of proof available—

(a) evidence that the person proceeded against is rated in respect of any land or building to any general rate for the municipality within which the land or premises are situated;

{b) evidence by the certificate of the Registrar of Titles or an Assistant Registrar of Titles authenticated by the seal of the Office of Titles that any person is the registered proprietor of an estate in fee-simple or of a leasehold estate held of the Crown in any land; or

(c) evidence by the certificate of the Registrar-General or a Deputy Registrar-General authenticated by the seal of the Registrar-General that any person appears from the memorial of any deed conveyance or instrument to be the last registered owner of any land—

shall until the contrary is proved be evidence that that person is the occupier or owner (as the case may be) of that land or building.

(2) A certificate under sub-section (1) shall be furnished by the Registrar of Titles or the Registrar-General upon the written application of the Director or of a municipal clerk or other appropriate officer who shall—

(a) certify that it is required for legal proceedings under this Act ;

{b) in the case of land under the operation of the Transfer of Land Act 1958, give a reference to the volume and folio of the relevant Crown grant or certificate of title, or in the case of other land supply the number and book of the relevant memorial ;

(c) supply such further particulars as the Registrar of Titles or the Registrar-General may require; and

{d) pay the prescribed fee.

Notice. 168. (1) Unless it is otherwise expressly provided every notice order* or document order or demand which by or under this Act or the demand! how regulations is authorized or required to be given to the owner or to

the occupier of any building or land shall be addressed to the owner or t o the occupier of that building or land, and shall—

(a) if the owner or occupier and his residence in either case are known to the person or body giving the notice, be served on such owner or occupier or left with some adult person at the place of residence;

{b) if the owner and his residence are not known to the person or body giving the notice, be served on the occupier (if any) of the building or land or left with some

adult

and owners.


adult person at the premises, or if there is no occupier, be put up on some conspicuous part of the building or land;

(c) if the occupier and his residence are not known to the person or body giving the notice be put up on some conspicuous part of such building or land.

(2) Any notice document order or demand referred to in sub-section (1) may also be served by post by pre-paid letter addressed to the owner or occupier, and in proving service it shall be sufficient to prove that the notice document order or demand was addressed to the usual or last-known place of residence or of business of the owner or occupier and was put into the post.

(3) Any notice document order or demand referred to in sub-section (1) may be addressed by the description of "the owner" or "the occupier" of the building or land (naming it) in respect of which the notice document order or demand is given, without further name or description.

169. (1) All notices or orders required under this Act or the Notices to

regulations to be served on any owner or occupier shall if due ^tpien" service thereof has been once made on any owner or occupier be binding on every subsequent owner or occupier to the same extent as if that notice or order had been served on the last-mentioned owner or occupier respectively.

(2) Any subsequent owner or occupier referred to in sub-section (1) shall be able to obtain a copy of any notice or order which is binding on him under this Act or the regulations.

170. Every person who at any time obstructs the Director an obstructing officer of the Local Government Department a council or public roîror authority or any person authorized by the council or public authority °^'"-or any person appointed by the Governor in Council or the Minister in the performance of anything which the Director the officer the council or any person so authorized or appointed is respectively empowered or required to do by or under this Act or the regulations shall be guilty of an offence.

171. (1) If the occupier of any building or land prevents the Occupier

owner thereof from carrying into effect in respect of that building S 'eHn"* or land any of the provisions of this Act or the regulations after t^^lll^!^ notice of his intention so to do has been given by the owner to the occupier any justice upon proof thereof may make an order in writing requiring the occupier to permit the owner to execute all such works with respect to that building or land as may be necessary for carrying into effect the provisions of this Act or the regulations.

(2) If

37843/81-65


Occupier to state name or owner.

(2) If after the expiration of ten days from the date of an order under sub-section (1) the occupier continues to refuse to permit the owner to execute the works the occupier shall for every day during which he so continues to refuse be liable to a penalty of not more than 1 penalty unit and the owner during the continuance of the refusal shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing the works.

172. (1) If the occupier of a building when requested by or on behalf of the Director a council or a public authority to state the name of the owner of the building refuses or wilfully omits to disclose or wilfully mis-states that name he shall be guilty of an offence.

(2) If the owner of a building when requested by or on behalf of. the Director a council or a public authority to state the name of the occupier of the building refuses or wilfully omits to disclose or wilfully mis-states that name he shall be guilty of an oflfence.

Power to occupier or registered mortgagee to do matters ordered to be done by owner.

Recovery of expenses by occupier.

Recovery of expenses by mortgagee.

173. (1) Where by or under this Act or the regulations the owner of any building is required to do any act matter or thing or execute any works and the owner fails or refuses to do that act matter or thing or execute those works, the occupier of that building or any registered mortgagee of the land on which that building is situated may do that act matter or thing or execute those works.

(2) Any expenses incurred by an occupier under sub-section (1)— (a) shall be recoverable by the occupier from the owner

as money paid to the use of the owner; or (b) may be deducted by the occupier from or set off against

any rent then due or thereafter at any time to become due to the owner—

notwithstanding any covenant or agreement to the contrary.

(3) Any expenses incurred by any mortgagee under sub-section ( 1 ) -

(a) shall be recoverable by the mortgagee from the owner as money paid to the use of the owner; or

{b) on notice in writing to the mortgagor by the mortgagee shall be deemed to be added to the principal sum owing under the mortgage, and if the mortgagor is not the owner the amount so deemed to be added shall be recoverable by the mortgagor from the owner as money paid to the use of the owner—

notwithstanding any covenant or agreement to the contrary.

Dispossession of occupiers failing to vacate premises when required so to do.

174. (1) Where any person after he has been required under this Act or the building regulations to vacate any building refuses or neglects to vacate the building—

(a) the Director; (b) any

1981 Building Control . No. 9720 2051

{b) any person authorized by the Minister or Director; or (c) in the case of a requirement of a council or officer of a

council, any officer authorized by the council— may apply upon an information to be laid by him in the prescribed form to any justice for and the justice shall issue a summons in the prescribed form calling upon the occupier of the building to appear at a time and place to be therein specified before a magistrates' court consisting of a stipendiary magistrate sitting without any other justice or justices and the court may hear and determine the matter of the information in a summary way ex parte or otherwise.

(2) On the production of a copy of the notice required the Hearing, occupier to vacate a building and upon proof to the satisfaction of the court at the time and place specified in the summons or at any adjourned hearing of the information that the building referred to in the summons is the same as that referred to in the notice, a warrant in the prescribed form shall be issued by the stipendiary magistrate constituting the court or any other justice.

(3) Any member of the police force or bailiff to whom such warrant is directed may forthwith execute the warrant according to the tenor and exigency thereof in the same manner as any warrant of possession or writ of habere facias possessionem may now be executed by the sheriff.

(4) The jurisdiction of the court shall not be taken away or deemed to be ousted by any claim of title question of property or suggestion of right whether made bona fide or otherwise which may be raised at any hearing under this section.

175. Any person who is guilty of an offence for which no penalty is Penauy. provided elsewhere in this Act or the regulations is liable to a penalty of not more than 5 penalty units and in addition in the case of a continuing offence to a penalty of not more than 1 penalty unit for every day during which the offence continues after conviction.

176. Where a person charged with an offence against this Act offence« by or the regulations is a body corporate, any person who i s corporate, concerned or takes part in the management of the body corporate may be charged with a like offence and where the body corporate is convicted of the offence a person charged pursuant to this section with the like offence shall also be convicted of that offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent.

177. Every penalty payable in respect of an offence against this Recovery of

Act or the regulations may be recovered in the manner expressly '*""''''" named in this Act or in any regulation lawfully in force in that

behalf


behalf and in case no other manner of recovering the penalty is so named before any Magistrates' Court.

Ajjpjjjja 'on of 178. Where an offence against Part III., VIII. or IX. or the penaties. building rcgulations has been prosecuted by the council of a

municipality or a public authority, all penalties recovered in relation to the offence shall be paid into the municipal or town fund of that municipality or to that public authority (as the case may be).

Regulations. 179. (1) Thc Govcmor in Council may make regulations for or with respect to—

{a) prescribing fees for the purposes of this Act; {b) prescribing forms for the purposes of this Act; and (c) prescribing government departments and public

authorities for the purposes of section 165.

(2) Where any form is prescribed under this Act substantial compliance therewith shall be sufficient for the purposes of this Act and the regulations.

SCHEDULE


SCHEDULE Number

Item of Act Title of Act Extent of Amendment or Repeal^

2053

Stetloo 3.

6239

6263

Dried Fruits 1958

Act

Geelong Waterworks and Sewerage Act 1958

6270 Health Act 1958

10

11 12

In section 39 (1) (ix) for the words "construction operation maintenance" there shall be substituted the word "operation".

In section 90, the words "such drain being of such size 'materials and other conditions and branched into' such sewer and ventilated in such manner and form in all respects as the Trust directs or appoints" shall be repealed.

In section 91, the words "or any person who makes or branches or causes to be made or branched any drain of a different construction size materials or other conditions or in any other manner or form from that which is directed or appointed by the Trust" shall be repealed.

In section 93 for the expression "showing such particulars as are required by any by-law or resolution of the Trust" there shall be substituted the expression "showing that the proposed works comply with the requirements of any regulations made under Division 3 of Part III. of the Building Control Act 1981".

In section 100 the words "repaired and" shall be repealed.

In section 101— (fl) in sub-section (2) for the words "of the

Trust" (where secondly occurring) there shall be substituted the expression "made under Division 3 of Part III. of the Building Control Act 1981"; and

(b) in sub-section (6) (a) for the expression "of the Trust or any modification thereof which the engineer-in-chief of the Trust on written application made to him in writing under his hand approves" there shall be substituted the expression "made under Division 3 of Part III. of the Building Control Act 19SI".

Sections 105 and 107 shall be repealed. In section 151 (1) (c) for the words "the

dimensions form and mode of construction and the materials and the keeping cleaning and repairing" there shall be substituted the words "the keeping and cleaning".

In section 1 the expression— "Division 2.—Septic Tank Systems s. 65. Division 3.—Plumbing and Gasfittingss. 66-67." shall be repealed.

In section 43—

(a) in paragraph (a) the words "of such construction or" shall be repealed;

(b) in paragraph (d) the word "constructed" shall be repealed;

(c) in paragraph ( / ) the • expression "or which does not as regards air-space floor-space lighting or ventilation conform with any regulations under this or any other Act" shall be repealed; and

(d) in paragraph {g) the word "constructed" shall be repealed.

Section 55 shall be repealed. Division 2 of Part IV. shall be repealed.

SCHEDULE


SCHEDULE—continued

Number Item of Act Title of Act Extent of Amendment or Repeal

13 6270

14

Health Act 1958— continued

15

16 17

18

19 20

Division 3 of Part IV. shall be repealed.

In section 92— (a) for paragraph {d) there shall be substituted

the following paragraph: "(d) prescribing and regulating the means of

treatment and disposal of effluent from septic tank systems, the standardization of the effluent and the prevention or abatement of nuisance or cause of offence arising from septic tank systems;";

(6) paragraph (e) shall be repealed; (c) paragraph ( / ) shall be repealed; and (d) in paragraph {k) the expression commencing

with the words "and prescribing" and ending at the end of that paragraph shall be repealed.

In section 95— (a) in sub-section (1)—

(i) in paragraph (a) after the word "establish" there shall be inserted the words "extend or alter"; and

(ii) in paragraph (c) the words "premises or" shall be repealed.

(6) in sub-section (2) paragraph (6) shall be repealed;

(c) sub-section (3) shall be repealed; Id) in sub-section (6) (o) (i) for the words "all

plans specifications and" there shall be substituted the word "any"; and

(e) in sub-section (7) the expression commencing with the expression "and, unless the proposed works" and ending at the end of that sub-section shall be repealed.

Section 97 shall be repealed. In section 103—

(a) in paragraph (o) after the word "establish" there shall be inserted the words "extend or alter"; and

(6) in paragraph (c) the words "building yard premises or" shall be repealed.

In section 105— (a) paragraph (a) shall be repealed; and {b) for paragraph (A) there shall be substituted

the following paragraph: "(h) prescribing, in premises occupied or

used for or in connexion with such trades—

(i) the provfsion to be made for the keeping and laundering of clothes of employes; and

(ii) generally securing the health safety and well-being of employes;".

In section 108 (1) paragraph (a) shall be repealed. In section 110—

(a) after the word "establish" there shall be inserted the words "add to extend or alter"; and

(b) the words "or add to extend or alter any premises used for the purposes of or in connexion with a cattle sale-yard" shall be repealed.

SCHEDULE




2055

21 6270 Health Act 195i— In.section HI— continued (a) after the word "establishment" there shall

be inserted the words "addition to or extension or alteration"; and

(6) the words "and additions to or extensions or alterations of premises used for the purposes of or in connexion with offensive trades" shall be repealed.

22 „ „ „ In section 117 paragraph (a) shall be repealed. 23 „ „ „ In section 142 paragraph (e) shall be repealed. 24 „ „ „ In section 142A paragraph (e) shall be repealed. 25 „ „ „ In section 174 (2) the words "and the plans and

specifications" shall be repealed. 26 „ „ „ Section 182 shall be repealed. 27 „ „ „ In section 186—

(a) paragraph (c) shall be repealed; (6) in paragraph (d)—

(i) sub-paragraphs (i), (ii), (iii), (iv) and (vi) shall be repealed; and

(ii) the word "and" at the end of paragraph (v) shall be repealed; and

(c) paragraph {/) shall be repealed. 28 „ „ „ For Division 1 of Part XI. there shall be

substituted the following Division: "DIVISION . 1 —PERMANENT AND

TEMPORARY PUBLIC BUILDINGS. 187. In this Division unless inconsistent with

the context or subject-matter— "Permanent public building" means a

public building of a permanent character. "Temporary public building" means a

public building which is not of a permanent character and includes any tent or marquee in which, or any other movable temporary structure of any kind in or upon which members of the public are or are to be invited to sit stand or assemble on one or more than one occasion for the purposes of recreation amusement entertainment or instruction.

188. (1) Public buildings of the following classes shall be registered with the Commission, namely—

(a) any theatre, opera house, concert music assembly dance or cinematograph hall, cabaret, skating rink, arena, amphitheatre or circus, or any building, enclosure, gallery, platform, tent or structure whatsoever in around or upon which numbers of people are usually or occasionally assembled for the purposes of recreation, amusement, entertainment, or instruction—if the same is of a permanent character; and

(6) any class or classes of public buildings of a permanent character declared by proclamation to come within this section.

SCHEDUU

2056 i?81 Building Control No. 9720



28 6270 Health Act 1958— (2) If any public building referred to in continued sub-section (1) is not registered the proprietor

shall be guilty of an offence against this Act. (3) This section shall not apply to any public

building vested in or the property of any municipality any public body specially created by statute or any body of persons declared by

^ proclamation to be a public body within the meaning of this section.

(4) For the purposes of this section a public building shall be deemed to be of a permanent character if it remains for more than six months on the same site.

189. (1) The Governor in Council may as to public buildings make regulations for or with respect to—

(a) the construction and arrangement of seats so as to secure a healthy and comfortable posture aiid speedy exit;

(b) empowering or requiring members of the police force or authorized officers to prevent persons entering a public building when there are within the building sufficient persons to occupy the sea ting andstandingaccommodation prescribed by the regulations;

(c) securing the public safety and convenience; and

(d) generally, carrying into effect the provisions of tiiis Act as to public buildings.

(2) Regulations under this section-Co) save as otherwise expressly provided

in the regulations shall apply with respect to both permanent public buildings and temporary public buildings irrespective of whether the permanent public building or temporary public building concerned was constructed before or after the commencement of this Act; and

(6) may impose for any breach thereof a penalty of not more than $500.

(3) The Commission may exempt any person from complying >yith any or all of the regulations made pursuant to this section with respect to any specified public building or any specified class of public buildings.

(4) The Commission may revoke or vary any exemption granted to any person pursuant to sub-section (3).

(5) The Commission may make any exemption granted to any person pursuant to sub-section (3) subject to such conditions limitations and restrictions as it deems fit.".

29 „ „ „ Sections 204 and 208o shall be repealed. 30 „ „ „ In section 208i—

(o) paragraphs (b) and (c) shall be repealed;

SCHEDULE




30 6270

31

32

33

34

35

36

37

Health Act 1958— (6) in paragraph ( / ) after the word continued "operation" there shall be inserted the

expression ", safety and cleanliness". „ „ In section 212—

(a) paragraphs (c), {d), ( / ) and {g) shall be repealed; and

(6) for paragraph (e) there shall be substituted the following paragraph— "(e) promoting the cleanliness of the

premises;". „ „ In section 219—

(a) paragraphs {d) and {fa) shall be repealed; and

(6) for paragraph (c) there shall be substituted the following paragraph— "(c) regulating the cleanliness thereof;".

„ „ In section 220 (4)— (a) paragraphs (6), (e), (e) and {fa) shall be

repealed; and {b) in paragraph ( /) the words "and

drainage" shall be repealed. „ „ In section 220F—

(a) in paragraph (c)— (i) sub-paragraph (iii) shall be repealed;

and (ii) the word "and" at the end of

sub-paragraph (ii) shall be repealed. {b) paragraphs {g) and {k) shall be repealed; (c) in paragraph (i), the words "suitable

sanitary conveniences and baths and" shall be repealed; and

{d) for paragraph (1) there shall be substituted the following paragraph: "(1) the cleansing painting and disinfection

of the premises;".

„ „ In section 226 (1)— {a) paragraphs (6), (c), (e) and {g) shall be

repealed; {b) in paragraph {d) the words "lighting and

ventilation" shall be repealed; and (c) in paragraph ( / ) the words "properly

constructed situated and ventilated and sufficient in capacity" shall be repealed.

„ „ In section 227 (4) for the words "construction cleanliness drainage lighting and ventilation" there shall be substituted the word "cleanliness".

„ For section 228 there shall be substituted the following section—

"228. The Governor in Council may, as to specified public buildings or specified classes of public buildings, make regulations for or with respect to—

(a) the methods of using lights and lighting apparatus fires and heating apparatus firearms fireworks and cinematograph or similar apparatus;

SCHEDin




37 6270 Health Act 1958— continued

38 39

40 41

6275 Housing Act 1958

42

43

44

45

{b) the storage of scenery and properties and other combustible matter; and

(c) requiring the employment and attendance of skilled persons (being members of the metropolitan fire brigades within the meaning of the Metropolitan Fire Brigades Act 1958 or urban brigades within the meaning of the Country Fire Authority Act 1958 or persons thereto authorised whether generally or specifically by the Chief Officers respectively of metropolitan and of urban brigades) sufficient in number for the proper using of apparatus and appliances for the prevention control or extinction of fires and for saving life at fires and prescribing the duties of such persons.".

Section 452 shall be repealed. In section 5 (a)—

(a) for sub-paragraph (iv) there shall be substituted the following paragraph— "(iv) the improvement of existing

housing;"; and (6) sub-paragraph (vii) shall be repealed.

In section 27, sub-section (1) shall be repealed. In section 55—

(a) in the interpretation of "Step" paragraphs (a), {b) and (c) shall be repealed; and

(b) for the interpretation "Unfit for human habitation" there shall be substituted the following interpretation— "Unfit for human habitation" when used

in connexion with a house means a dwelling which— (a) has been declared by the council

of a municipality under Division 4 of Part III. of the Building Control Act 1981 to be unfit for human habitation; and

(6) has not subsequently been certified by that council to be fit for human habitation.".

The heading "Houses Unfit for Human Habitation or in a State of Disrepair" appearing before

' section 56 shall be repealed. Sections 56, 57, 58, 59, 60, 62 and 65 shall be

repealed. In section 61 (1)—

(a) in paragraph (a)— (i) sub-paragraph (i) shall be repealed;

and (ii) the word "or" at the end of paragraph

(i) shall be repealed; and (6) paragraph (6) shall be repealed.

In section 61 (2) the words "or of any money or interest which is a charge on the property under this Part" shall be repealed.

SCHEDULE

1981. Building Control No. 9720



2059

46 6275 Housing Act 1958 —continued

47 48

49

50

51

52

53

6283

»»

tt

t l

6290

Labour and Industry Act 1958

>» » l

»» » l

Latrobe Valley Act 1958

54 6299 Local Government Act 1958

55

56 57

58

In section 66— (a) in sub-section (1) for the words "the

regulations under the last preceding section" there shall be substituted the words "any regulations made under Division 3 of Part III. of the Building Control Act 1981"; and

(6) sub-section (2) shall be repealed. In section 119A paragraph (a) shall be repealed. For Schedule 2A there shall be substituted the

following Schedule— "SCHEDULE 2A

Certificate issued pursuant to Section 61 (1) of the Housing Act 1958

I hereby certify that as at the date hereof Housing Commission in respect of the property situated at—

had not i'^'^®" a step under Part III. of the Housing Act 1958 (particulars whereof are as under)—

Member of the Commission Authorised Officer

Further information pursuant to Section 61 (3)". Section 50 shall be repealed.

In section 56 (2) paragraphs (6) and (c) shall be repealed.

Sections 57, 60, 61, 96, 123, 125 and 127 shall be repealed.

In section 206 (1) for paragraph (6) there shall be substituted the following paragraph— "(6) the safety cleanliness sanitation and hygiene

of premises where persons work or are employed in any trade;".

In section 65 (1) for paragraph ( j ) there shall be substituted the following paragraph: " ( I ) regulating the time of executing and the

notice to be given for works supplying water from the works of the Board and the superintending thereof and the making good of ground displaced thereby and the inspection of all services whether within or outside any buildings at all reasonable times;"

In section 163 (3), for the words "this Act" there shall be substituted the words "the Building Control Act 1981."

In section 164 (a) after the words "Building Qualifications Board" there shall be inserted the expression "under the Building Control Act 1981".

In section 172, paragraph (c) shall be repealed. In section 197 (1)—

(a) sub-paragraphs (6) and (c) of paragraph

(xxxvii) shall be repealed; and (W sub-paragraph (b) of paragraph (xxxviii)

shall be repealed. In section 198—

(a) in sub-section (1), paragraphs (a), (6), (e), ( / ) and (h) shall be repealed; and

SCHEDULE




58 6299 Local Government (b) sub-sections (3), (4) and (6) shall be Act 1958— repealed. continued

59 „ „ „ In section 558 (3) for paragraph (a) there shall be substituted the following paragraph: "(a) Before a person commences the construction

demolition or removal of a building on land in a municipality, the council may require him—

(i) to construct a temporary vehicular crossing over the footway and channel

of the street or road from which access to the land is obtained; and

(ii) where a permanent vehicular crossing has already been constructed, to also lodge with the council a deposit of such amount as the council considers adequate to meet the cost of repairing any damage to the permanent crossing.";

(b) In paragraph (6) for the words "work authorized by the permit" there shall be substituted the words "construction demolition or removal";

(c) In paragraph (c) for the words "holder of the permit" (wherever occurring) there shall be substituted the words "person who paid the deposit";

(d) In paragraph (rf)— (i) for the words "the holder of a permit"

there shall be substituted the words "a person"; and

(ii) for the words "the holder of the permit" there shall be substituted the words "that person".

60 „ „ „ In section 569o— (a) for sub-section (1) there shall be substituted

the following sub-section: "(1) Notwithstanding anything to the

contrary in this Act or the Building Control Act 1981 or in any other Act or law, a council may refuse to allow the construction of a building on land within its municipal district in any case where—

(a) the owner from time to time of the land may dispose of part of that land without notice to the council; and

(b) the council is satisfied that if any part of the land were disposed of before the council considered the matter the building to be constructed would not comply with the provisions of any by-law or regulation made under the Building Control Act 1981 with respect to the dimensions or area of the land, the proportion of the area of land on which buildings are to be constructed which may be covered by buildings or the provision of open space on the land.";

SCHEDULE




2061

60 6299 Local Government Act 1958— continued

(b)

(c)

61

62

63

64 65 66 67 68

(b)

in sub-section (2) for the words "to grant a permit" there shall be substituted the words "to allow the construction of a building" ;and after sub-section (2) there shall be inserted the following sub-section:

"(3) Any person who constructs a building which the council has under this section refused to allow to be constructed shall be guilty of an offence."

In section 569H— (a) In sub-section (1)—

(i) for paragraph (a) there shall be substituted the following paragraph: "(a) a person proposes to construct

any building or buildings on any land;"

(ii) for the expression "this or any other Act, refuse to issue the permit until the person making the application" there shall be substituted the expression "this Act or the Building Control Act 1981 or any other Act, refuse to allow the construction of the building or buildings until that person"; and

(iii) the words "in respect of which the permit is sought" shall be repealed;

In sub-section (2)— (i) for the words "an applicant for a

permit" there shall be substituted the words "a. person";

(ii) for the words "the applicant" there shall be substituted the words "that person"; and

(iii) for the words "in respect of which the permit is sought" there shall be substituted, the word "concerned";

In sub-section (3) (a) for the words "the application for the permit is made" there shall be substituted the expression "an application for building approval under the Building Control Act 1981 is made in respect of the construction of the building or buildings concerned"; and In sub-section (5) for the words "permit was applied for" there shall be substituted the words "amount was paid";

In section 569i— (a) in sub-section (1) for the words "grant him

a permit" there shall be substituted the words "allow the construction of a building"; and

(6) sub-section (4) shall be repealed. In section 649 (1) the words "of such materials of

such size at such level and with such fall as the council thinks necessary" shall be repealed.

Division 1 of Part XLIX. shall be repealed. Division 2 of Part XLIX. shall be repealed. Division 3 of Part XLIX. shall be repealed. Division 4 of Part XLIX. shall be repealed. In section 918A—

(a) in sub-section (1), in the interpretation of "Certificate of occupancy", for the expression "section 929A" there shall be

SCHEDULE

(c)

(d)




68 6299 Local Government Act 1958— continued

69

70

j» »»

71 ' * »i II II

72 6310 Melbourne and Metropolitan Board of Works Act 1958

73 t l »»

74 >» >»

75

76 i> t i

77 6315 Metropolitan Fire Brigades Act 1958

substituted the expression "section 24 of the Building Control Act 1981"; and

(6) sub-section (2) shall be repealed. In section 918i (1) (b) for the expression "section

929" there shall be substituted the expression "section 23 of the Building Control Act 1981".

In Schedule 14A— (a) in Column 1 the expression

"3. .(a) Municipal Building Surveyors. (6) Municipal Building Inspectors."

shall be repealed; and {b) in Column 2 the expression " > Building

Qualifications Board" shall be repealed. The Thirty-third Schedule shall be repealed. For the first paragraph in section 110 (1) there

shall be substituted the following paragraph: "For regulating the time of executing and the

notice to be given for works supplying water from the pipes of the Board and the superintending thereof, and the making good ground which may be displaced thereby, and for inspecting all services whether within or without any buildings at all reasonable times."

In section 152— (a) in the second paragraph, the expression

", such drain being of such size materials and other conditions and branched into such sewer and ventilated in such manner and form in all respects as the Board directs or appoints" shall be repealed; and

(6) in the third paragraph the expression ", or makes or branches or causes to be made or branched any drain of a different construction size materials or other conditions, or in any other manner or form from that which is directed or appointed by the Board" shall be repealed.

In section 160— (o) in sub-section (2) for the words "regulations

of the Board" there shall be substituted the expression "any regulations made under Division 3 of Part III. of the Building Control Act 1981"; and

(6) in sub-section (6) (a) for the expression "the regulations of the Board or any modification thereof which the Engineer-in-Chief of the Board on written application made to him in writing under his hand approves" there shall be substituted the expression "any regulation made under Division 3 of Part III. of the Building Control Act 19SV'.

In the second paragraph of section 162 the words "of such materials of such size" shall be repealed.

In section 184A (1) (c) for the words "the dimensions form and mode of construction and the materials and the keeping cleaning and repairing" there shall be substituted the words "the keeping and cleaning".

In section 34 (1) paragraph (/) shall be repealed. Sections 63 and 64 shall be repealed.

SCHEDULE



Number Item of Act Title of Act Extent of Amendment of Repeal

2063

78 6368

79

Sewerage Districts Act 1958

80

81

82

83

84

85 86

87

6413 Water Act 1958

88

In section 52 for paragraph (rf) there shall be substituted the following paragraph— "(rf) require any work or thing to be executed

or done within such time as is directed or approved in a particular case by the Sewerage Authority or the proper officer or any person duly authorized by it;".

In section 116 (6) after the word "Acts" (where first occurring), there shall be inserted the expression "(other than the Building Control Act 1981)".

In section 125 (2) the expression ", such drain being of such construction size and materials and conforming to such conditions and branched into the sewer and ventilated in such manner and form in all respects as the Sewerage Authority prescribes or directs" shall be repealed.

For sub-section (3) of section 125, there shall be substituted the following sub-section:

"(3) Every person who without the consent of the Sewerage Authority makes or branches or causes to be made or branched any sewer or drain or makes or causes to be made any opening into any of the sewers vested in a Sewerage Authority shall for every such offence be liable to a penalty not exceeding $1(X), and the Sewerage Authority may cut off the connexion between such drain and the sewer.".

In section 137 (1) (a) for the expression "by-law or direction of the Sewerage Authority or any modification thereof which the proper officer on written application made to him approves in writing under his hand" there shall be substituted the expression "regulation made under Division 3 of Part III. of the Building Control Act 1981".

In section 140 (2) the words "of such materials of such size" shall be repealed.

In section 154 (1)— (a) in paragraph (c) for the words "the

dimensions form and mode of construction and the materials and the keeping cleaning and repairing" there shall be substituted the words "the keeping and cleaning"; and

(6) paragraph (g) shall be repealed. Section 210 shall be repealed. In section 212 (2) (b) the words "of material

approved by the Minister" shall be repealed. In section 236 (1) for the first paragraph there

shall be substituted the following paragraph: "For regulating the time of executing and the

notice to be given for works supplying water from the pipes of the Authority to the premises of consumers and the superintending thereof, and the making good ground which may be displaced thereby, and for inspecting all services whether within or without any buildings at all reasonable times;".

In section 236A for the first paragraph there shall be substituted the following paragraph: "For regulating the time of executing and the

notice to be given for works supplying water from the pipes of the Authority to the

SCHEDULE




88 6413 fValer Act 1958— continued

89 6849 Town and Country Planning Act 1961

90 6975 Sale of Land Act 1962

91

92

93

7695 Liquor Control Act 1968

94 7886 Gas Act 1969

95 8404 Abattoir and Meat Inspection Act 1973

96

97 8520 Albury- Wodonga Agreement Act 1973

premises of consumers and the superintending thereof, and the making good ground which may be displaced thereby, and for insiJecting all services whether within or without any buildings at all reasonable times;".

In section 47 (2) for the expression "section nine hundred and thirty-one of the Local Government Act 1958" there shall be substituted the expression "section 161 of the Building Control Act 1981"

In section 9A— (a) in paragraph (a) (i) for the expression

"section 929A of the Local Government Act 1958 or regulations made pursuant to Division 2 of Part XLIX. of that Act" there shall be substituted the expression "section 24 of the Building Control Act 1981 or regulations made under Division 3 of Part III. of that Act"; and

(6) in paragraph {d) (ii) for the expression "section 929A of the Local Government Act 1958 or under regulations made pursuant to Division 2 of Part XLIX. of that Act" there shall be substituted the expression "section 24 of the Building Control Act 1981 or under regulations made pursuant to Division 3 of Part III. of that Act".

In section 48, paragraph (b) shall be repealed.

In section 55 (1) (c), the words "or do not comply with the prescribed standards" shall be repealed.

In section 145 (2)— (a) for paragraph (c) there shall be substituted

the following paragraph— "(c) for or with resp«: to sanitation and

hygiene in or of licensed premises and securing the cleanliness of food and its freedom from contamination and adulteration in such premises;";

(b) the word "and" at the end of paragraph (c) shall be repealed; and

(c) paragraph (</) shall be repealed. In section 12 (I) (fi) the words "and the

(|ualifications of persons engaged in the installation" shall be repealed.

In section 27 {b) the expression "buildings," shall be repealed.

In section 48— (a) in paragraph (c) for the expression

"construction, lighting, ventilation, air temperature, cleansing, drainage, water supply, maintenance" there âll be substituted the expression "air temperature, cleansing";

(b) in paragraph (</) the word "suitable" shall be repealed; and

(c) paragraph (v) shall be repealed. In section 15 (12) for the expression "section 925

of the Local Government Act 1958" there shall be substituted the expression "section 25 of the Building Control Act 1981".

SCHEDULE




98 8661 Cluster Titles Act In section 7 (e) (ii) after the expression "Local 1974 Government Act 1958" there shall be inserted the

expression "the Building Control Act 1981". 99 „ „ „ In section 11 (3) (b) for the expression "or the

Local Government Act 1958" there shall be substituted the expression "the Local Government Act 1958 or the Building Control Act 1981".

100 „ „ „ In section 28— (a) in sub-section (1) for the expression "and

(c) any" there shall be substituted the expression "(c) any regulations made pursuant to a power conferred by paragraph (rf), (k) or ( / ) of section 25 of the Building Control Act 1981; and (rf) any"; and

(b) in sub-section (2) (i) after the expression "Uniform Building

Regulations 1974" there shall be inserted the expression "and the building regulations made under the Building Control Act 1981"; and

(ii) for the words "to issue a permit under the said regulations authorizing" there shall be substituted the expression "to consent to the grant of building approval under the Building Control Act 1981 for".

2065

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