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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
BUILDING AND CONSTRUCTION
(REGULATORY REFORM AMENDMENTS) BILL
(No. 2) 2020
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - ENVIRONMENTAL MANAGEMENT AND POLLUTION
CONTROL ACT 1994 AMENDED
3. Principal Act
4. Section 25 amended (Assessment of permissible level 2
activities)
5. Section 27F amended (Case for assessment to be lodged within
12 months)
6. Section 27FA inserted
27FA. Acceptance by Board of case for assessment
7. Section 27G amended (Periods for advertising of applications
and proposals)
8. Section 107B inserted
107B. Transitional and savings provisions consequent on
Building and Construction (Regulatory Reform
Amendments) Act (No. 2) 2020
9. Schedule 8 inserted
SCHEDULE 8 - TRANSITIONAL AND SAVINGS
PROVISIONS CONSEQUENT ON BUILDING
[Bill 39]-XI
AND CONSTRUCTION (REGULATORY
REFORM AMENDMENTS) ACT (NO. 2) 2020
PART 3 - LAND USE PLANNING AND APPROVALS ACT 1993
AMENDED
10. Principal Act
11. Section 60 inserted
60. Timing of determination of compliance with certain
permit conditions
12. Section 87G inserted
87G. Savings and transitional - Building and Construction
(Regulatory Reform Amendments) Act (No. 2) 2020
13. Schedule 10 inserted
SCHEDULE 10 - SAVINGS AND TRANSITIONAL
PROVISIONS CONSEQUENT ON BUILDING
AND CONSTRUCTION (REGULATORY
REFORM AMENDMENTS) ACT (NO. 2) 2020
PART 4 - LOCAL GOVERNMENT (BUILDING AND
MISCELLANEOUS PROVISIONS) ACT 1993 AMENDED
14. Principal Act
15. Section 88 amended (Lodgment of final plans)
16. Section 89 amended (Approval of final plans by council)
17. Section 94 amended (Taking effect of sealed plan)
18. Section 124 inserted
124. Transitional matters arising under Building and
Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
PART 5 - NATURE CONSERVATION ACT 2002 AMENDED
19. Principal Act
20. Section 29 amended (Special permits to take wildlife)
PART 6 - STRATA TITLES ACT 1998 AMENDED
21. Principal Act
22. Section 31 amended (Application for, and grant of, certificate of
approval)
23. Section 160A inserted
2
160A. Transitional matters arising under the Building and
Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
PART 7 - WATER AND SEWERAGE INDUSTRY ACT 2008
AMENDED
24. Principal Act
25. Section 56O amended (Application to go to relevant regulated
entity)
PART 8 - CONCLUDING PROVISION
26. Repeal of Act
3
4
BUILDING AND CONSTRUCTION
(REGULATORY REFORM AMENDMENTS) BILL
(No. 2) 2020
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
15 October 2020
(Brought in by the Minister for State Growth, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Environmental Management and
Pollution Control Act 1994, the Land Use Planning and
Approvals Act 1993, the Local Government (Building and
Miscellaneous Provisions) Act 1993, the Nature
Conservation Act 2002, the Strata Titles Act 1998 and the
Water and Sewerage Industry Act 2008
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Building and
Construction (Regulatory Reform Amendments)
Act (No. 2) 2020.
[Bill 39] 5
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 2 Part 1 - Preliminary
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
6
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 2 - Environmental Management and Pollution Control Act 1994 s. 3
Amended
PART 2 - ENVIRONMENTAL MANAGEMENT AND
POLLUTION CONTROL ACT 1994 AMENDED
3. Principal Act
In this Part, the Environmental Management and
Pollution Control Act 1994* is referred to as the
Principal Act.
4. Section 25 amended (Assessment of permissible
level 2 activities)
Section 25(1)(b) of the Principal Act is amended
by inserting "as soon as practicable, but in any
case within 21 days, after the date of lodgment
of the application" after "Board".
5. Section 27F amended (Case for assessment to be
lodged within 12 months)
Section 27F of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) A case for assessment is not taken to be
lodged with the Board until the applicant
or proponent has been notified by the
Board under section 27FA(3) that the
case for assessment has been accepted.
_______________________________________________________________
*No. 44 of 1994
7
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 6 Part 2 - Environmental Management and Pollution Control Act 1994
Amended
6. Section 27FA inserted
After section 27F of the Principal Act, the
following section is inserted in Division 1A:
27FA. Acceptance by Board of case for assessment
(1) In this section -
applicant or proponent, in respect of a
case for assessment, means the
applicant or proponent in respect
of the application or proposal to
which the case for assessment
relates;
required information, in relation to a
case for assessment, means the
information required in order to
satisfy the Board's requirements,
as referred to in section 74(3), in
respect of the application or
proposal to which the case for
assessment relates.
(2) An applicant or proponent in respect of a
case for assessment may request the
Board to accept the case for assessment.
(3) The Board, within 42 days after the day
on which a request is made to the Board
under subsection (2) in relation to a case
for assessment, is to, by notice in writing
to the applicant or proponent in respect
of the case for assessment, advise the
8
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 2 - Environmental Management and Pollution Control Act 1994 s. 6
Amended
applicant or proponent as to whether the
case for assessment has been accepted by
the Board or has not been accepted by
the Board.
(4) If the Board, within 40 days after the day
on which a request is made to the Board
under subsection (2) in relation to a case
for assessment, is not satisfied that the
case for assessment includes the required
information, the Board is to, by notice in
writing to the applicant or proponent in
respect of the case for assessment -
(a) advise the applicant or proponent
that the information included in
the case for assessment is
insufficient or unsatisfactory, or
both, as the case may be; and
(b) request the applicant or proponent
to provide to the Board a case for
assessment that includes the
information specified in the
notice.
(5) If the Board gives, under subsection (4)
or this subsection, a notice (the relevant
notice) to an applicant or proponent, the
Board must, within 8 days from the day
on which it receives a case for
assessment in accordance with the
relevant notice, if the Board is not
satisfied that the information specified in
9
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 6 Part 2 - Environmental Management and Pollution Control Act 1994
Amended
the relevant notice has been included in
the case for assessment, by notice in
writing to the applicant or proponent -
(a) advise the applicant or proponent
that the Board is not satisfied that
the information specified in the
relevant notice has been included
in the case for assessment; and
(b) request the applicant or proponent
to provide to the Board a case for
assessment that includes the
information specified in the
notice under this subsection.
(6) If the Board gives, under subsection (4)
or subsection (5), a notice to an applicant
or proponent in respect of a case for
assessment, the 42-day period referred to
in subsection (3) does not continue to
run, in relation to the case for
assessment, during the period -
(a) beginning on the day on which
the first such notice is given to
the applicant or proponent; and
(b) ending on the day on which the
applicant or proponent provides
to the Board a case for
assessment that the Board is
satisfied includes the information
specified in the notice under
10
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 2 - Environmental Management and Pollution Control Act 1994 s. 7
Amended
subsection (4) or subsection (5),
respectively.
7. Section 27G amended (Periods for advertising of
applications and proposals)
Section 27G(1) of the Principal Act is amended
by omitting "the Board has sufficient
information to satisfy its requirements as
referred to in section 74(3) in respect of an
application or a proposal," and substituting "a
case for assessment in respect of an application
or proposal has been lodged with the Board,".
8. Section 107B inserted
After section 107A of the Principal Act, the
following section is inserted in Division 2:
107B. Transitional and savings provisions
consequent on Building and Construction
(Regulatory Reform Amendments) Act (No. 2)
2020
Schedule 8 has effect.
9. Schedule 8 inserted
After Schedule 7 to the Principal Act, the
following Schedule is inserted:
11
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 9 Part 2 - Environmental Management and Pollution Control Act 1994
Amended
SCHEDULE 8 - TRANSITIONAL AND SAVINGS
PROVISIONS CONSEQUENT ON BUILDING AND
CONSTRUCTION (REGULATORY REFORM
AMENDMENTS) ACT (NO. 2) 2020
Section 107B
1. Certain provisions not to apply in relation to
cases for assessment
(1) In this Schedule -
amending Act means the Building and
Construction (Regulatory Reform
Amendments) Act (No. 2) 2020.
(2) The amendments to this Act made by the
amending Act do not apply, and this Act,
as in force immediately before the day on
which section 27AF is inserted by the
amending Act, applies, in relation to a
case for assessment lodged under
section 27F(1) before that day.
12
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 10
PART 3 - LAND USE PLANNING AND APPROVALS
ACT 1993 AMENDED
10. Principal Act
In this Part, the Land Use Planning and
Approvals Act 1993* is referred to as the
Principal Act.
11. Section 60 inserted
After section 59 of the Principal Act, the
following section is inserted in Division 2:
60. Timing of determination of compliance with
certain permit conditions
(1) In this section -
regulatory authority means -
(a) a regulated entity, within
the meaning of the Water
and Sewerage Industry
Act 2008, or an employee
of, or person acting on
behalf of, a regulated
entity; and
(b) the holder of a licence
under the Electricity
Supply Industry Act 1995
authorising the operation
_______________________________________________________________
*No. 70 of 1993
13
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 11 Part 3 - Land Use Planning and Approvals Act 1993 Amended
of a transmission system,
or of a distribution
network, each within the
meaning of that Act, or an
employee of, or person
acting on behalf of, the
holder of such a licence;
and
(c) the holder of a pipeline
licence, within the
meaning of the Gas
Pipelines Act 2000, or an
employee of, or person
acting on behalf of, the
holder of such a licence;
and
(d) the Heritage Council,
within the meaning of the
Historic Cultural
Heritage Act 1995; and
(e) the holder of a prescribed
office, or a prescribed
body, that is established
by, or has functions
under, an Act; and
(f) the holder of a statutory
office under an Act;
relevant documents, in relation to a
condition of a permit, means the
plans, information, designs, or
14
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 11
other documents, required, under
the condition, to be prepared and
provided to a planning authority;
relevant information, in relation to a
condition of a permit, means
information to the effect that
works, required to be carried out
in order to comply with the
condition, have been completed.
(2) If a person to whom a permit is granted
provides to the planning authority all the
relevant documents, or the relevant
information, in relation to a condition of
the permit, the planning authority, within
20 business days, must, by notice in
writing to the person, advise the person
as to whether or not the planning
authority is satisfied that the condition
has been complied with.
(3) A planning authority, within 15 business
days after receiving, from a person to
whom a permit is issued, all the relevant
documents, or the relevant information,
in relation to a condition of the permit
may, by notice in writing to the person -
(a) advise the person that the
information provided to the
planning authority is incomplete
or inadequate; and
15
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 11 Part 3 - Land Use Planning and Approvals Act 1993 Amended
(b) request the person to provide to
the planning authority further
information reasonably required
to assist the planning authority to
determine whether the condition
has been complied with.
(4) If a planning authority receives further
information from a person further to a
notice given to the person under
subsection (3) or this subsection in
relation to information, the planning
authority must, within 8 business days
after receiving the information, by notice
in writing to the person -
(a) advise the person that the
information provided is
satisfactory; or
(b) request the person to provide to
the planning authority further
information reasonably required
to assist the planning authority to
determine whether the condition
has been complied with.
(5) The period of 20 business days referred
to in subsection (2) does not run in
relation to a permit during the period -
(a) beginning on the day on which
the planning authority gives to a
person a notice under
16
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 11
subsection (3) or subsection (4) in
relation to the permit; and
(b) ending on the day on which the
planning authority advises the
person in a notice under
subsection (4) that the
information provided in response
to the notice under subsection (3)
or subsection (4), respectively, is
satisfactory.
(6) A planning authority, within 5 business
days after receiving from a person to
whom a permit was granted a relevant
document, or relevant information, in
relation to a condition that is imposed on
the permit in accordance with the advice
of, or on the recommendation of, a
regulatory authority, may, by notice in
writing to the regulatory authority,
request the regulatory authority to advise
the planning authority within 10 business
days as to whether or not the regulatory
authority is of the opinion that the
condition has been complied with.
(7) A regulatory authority, within 10
business days after the day on which it
receives a notice under subsection (6) in
relation to a condition of a permit, is, by
notice in writing to the planning
authority, to advise the planning
authority as to whether or not the
17
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 11 Part 3 - Land Use Planning and Approvals Act 1993 Amended
regulatory authority is of the opinion that
the condition has been complied with.
(8) A regulatory authority, within 8 business
days after it receives -
(a) a notice under subsection (6) in
relation to a condition of a
permit; or
(b) further information under
subsection (9) in relation to a
condition of a permit -
may advise the planning authority, by
notice in writing, that the regulatory
authority requires further information in
order to determine whether or not the
regulatory authority is of the opinion that
the condition has been complied with.
(9) A planning authority -
(a) within 2 business days after
receiving from a regulatory
authority a notice under
subsection (8) in relation to a
condition of a permit granted to a
person, is, by notice in writing to
the person, to request the person
to provide to the planning
authority the information
specified in the notice, being the
information specified in the
notice to the planning authority
under subsection (8); and
18
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 11
(b) within 5 business days after
receiving from a person
information specified in a notice
to the person under paragraph (a),
is to provide the information to
the regulatory authority.
(10) A planning authority, within 5 business
days after receiving under subsection (7)
advice from a regulatory authority that
the regulatory authority is of the opinion
that a condition of a permit issued to a
person has, or has not, been complied
with, is to give to the person notice in
writing of the opinion of the regulatory
authority.
(11) The period of 10 business days referred
to in subsection (7) does not run in
relation to a permit during the period -
(a) beginning on the day on which a
regulatory authority gives to the
planning authority a notice under
subsection (8) in relation to the
permit; and
(b) ending on the day on which the
regulatory authority receives
further information sufficient to
enable the regulatory authority to
determine whether or not the
regulatory authority is of the
opinion that the condition has
been complied with.
19
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 12 Part 3 - Land Use Planning and Approvals Act 1993 Amended
(12) The period of 20 business days referred
to in subsection (2) does not run in
relation to a permit during the period -
(a) beginning on the day on which
the planning authority gives to a
regulatory authority a notice
under subsection (6); and
(b) ending on the day on which the
planning authority receives under
subsection (7) from the regulatory
authority advice in relation to the
condition of the permit.
12. Section 87G inserted
After section 87F of the Principal Act, the
following section is inserted in Division 2:
87G. Savings and transitional - Building and
Construction (Regulatory Reform
Amendments) Act (No. 2) 2020
The savings and transitional provisions
specified in Schedule 10 have effect.
13. Schedule 10 inserted
After Schedule 9 to the Principal Act, the
following Schedule is inserted:
20
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 3 - Land Use Planning and Approvals Act 1993 Amended s. 13
SCHEDULE 10 - SAVINGS AND TRANSITIONAL
PROVISIONS CONSEQUENT ON BUILDING AND
CONSTRUCTION (REGULATORY REFORM
AMENDMENTS) ACT (NO. 2) 2020
Section 87G
1. Amendments not to apply in relation to
certain documents and information
(1) In this Schedule -
amending Act means the Building and
Construction (Regulatory Reform
Amendments) Act (No. 2) 2020.
(2) Section 60, as inserted by the amending
Act, does not apply, and this Act, as in
force immediately before the day on
which that section is inserted, applies, in
relation to relevant documents, or
relevant information, within the meaning
of section 60, lodged with a planning
authority before that day.
21
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 14 Part 4 - Local Government (Building and Miscellaneous Provisions) Act
1993 Amended
PART 4 - LOCAL GOVERNMENT (BUILDING AND
MISCELLANEOUS PROVISIONS) ACT 1993
AMENDED
14. Principal Act
In this Part, the Local Government (Building and
Miscellaneous Provisions) Act 1993* is referred
to as the Principal Act.
15. Section 88 amended (Lodgment of final plans)
Section 88 of the Principal Act is amended as
follows:
(a) by inserting the following paragraphs
after paragraph (c) in subsection (1):
(ca) evidence, satisfactory to the
council, of the completion of each
of the relevant works that are
required to be carried out in
relation to the proposed
subdivision; and
(cb) evidence, satisfactory to the
council, that each of the
conditions on a permit, within the
meaning of the Land Use
Planning and Approvals Act
1993, that must be complied with
before the final plan in relation to
_______________________________________________________________
*No. 96 of 1993
22
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 4 - Local Government (Building and Miscellaneous Provisions) Act s. 15
1993 Amended
the proposed subdivision may be
sealed, have been complied with;
and
(b) by omitting from subsection (1)(d) 'is
marked "Early Issue"' and substituting
'is marked "Priority Final Plan"';
(c) by inserting the following subsection
after subsection (1):
(1A) For the purposes of
subsection (1)(ca), each of the
following constitutes relevant
works:
(a) works consisting of the
provision of a road or
footpath in accordance
with the Local
Government (Highways)
Act 1982;
(b) works consisting of the
provision of a connection
to water infrastructure in
accordance with the
Water and Sewerage
Industry Act 2008;
(c) works consisting of the
provision of a connection
to sewerage infrastructure
in accordance with the
23
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 15 Part 4 - Local Government (Building and Miscellaneous Provisions) Act
1993 Amended
Water and Sewerage
Industry Act 2008;
(d) works consisting of the
provision of a connection
to a public stormwater
system in accordance with
the Urban Drainage Act
2013;
(e) works consisting of the
provision of a connection
to an electricity supply in
accordance with the
Electricity Supply
Industry Act 1995;
(f) works consisting of
arrangements for drainage
of stormwater under a
State road in accordance
with the Roads and Jetties
Act 1935.
(d) by omitting subsection (2) and
substituting the following subsection:
(2) If an owner has lodged a final
plan under subsection (1) and the
plan has been marked "Priority
Final Plan", that owner, within 5
business days after lodging that
plan or within an extension of
that period allowed by the
24
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 4 - Local Government (Building and Miscellaneous Provisions) Act s. 15
1993 Amended
Recorder of Titles, may lodge
with the Recorder of Titles -
(a) a copy of the final plan,
marked" "Priority Final
Plan", that has been
lodged with the council
under subsection (1)(a);
and
(b) a certification, or
endorsement, by the
owner, an agent of the
owner or a legal
practitioner acting on
behalf of the owner, to the
effect that all the copies
of documents lodged
under this subsection are
identical to the original
documents lodged with
the council under
subsection (1) and that the
documents lodged with
the council under
subsection (1) were
lodged not more than 5
business days before the
documents are lodged
under this subsection; and
(c) a copy of the schedule of
easements that has been
25
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 16 Part 4 - Local Government (Building and Miscellaneous Provisions) Act
1993 Amended
lodged with the council
under subsection (1); and
(d) the original, or a copy, of
the balance plan; and
(e) the original, or a copy, of
the survey notes; and
(f) the prescribed fee payable
under the Land Titles Act
1980; and
(g) any other documents that
the Recorder of Titles
may require for the
purposes of the Land
Titles Act 1980.
16. Section 89 amended (Approval of final plans by
council)
Section 89 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
before subsection (1):
(1AA) The council, within 20 business
days after a final plan is lodged
with the council under
section 88(1) -
26
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 4 - Local Government (Building and Miscellaneous Provisions) Act s. 16
1993 Amended
(a) is to determine whether
the final plan complies
with this Part; and
(b) is to comply with
subsection (1), if the
council determines that
the final plan complies
with this Part; and
(c) is to comply with
subsection (2), if the
council determines that
the final plan does not
comply with this Part; and
(d) is to notify in writing the
person who lodged the
final plan with the
council, that the final plan
does not comply with this
Part, if the council
determines that the final
plan does not comply with
this Part.
(1AB) A council, within 10 business
days after a final plan is lodged
with the council under
section 88(1), may, if it requires
further information or documents
in relation to the final plan, by
notice in writing to the person
who lodged the plan -
27
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 16 Part 4 - Local Government (Building and Miscellaneous Provisions) Act
1993 Amended
(a) advise the person that the
council requires further
information or
documents; and
(b) request the person to
provide to the council the
further information or
documents.
(1AC) If a council gives to a person a
notice under subsection (1AB) or
this subsection, the council, if it is
not satisfied with the information
or documents provided by the
person pursuant to the notice, is
to, within 8 business days, give to
the person notice in writing
specifying -
(a) that the council is not
satisfied with the
information or documents
provided; and
(b) that the person is
requested to provide to
the council further
information or
documents.
(1AD) If the council gives to a person a
notice under subsection (1AB) or
subsection (1AC), the 20-day
28
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 4 - Local Government (Building and Miscellaneous Provisions) Act s. 16
1993 Amended
period referred to in
subsection (1AA) does not
continue to run, in relation to the
final plan lodged with the
council, during the period -
(a) beginning on the day on
which the first such notice
is given to the person; and
(b) ending on the day on
which the person provides
to the council information
or documents, referred to
in the notice under
subsection (1AB) or
subsection (1AC),
respectively, that, is, in
the opinion of the council,
satisfactory.
(b) by omitting from subsection (2) '"Early
Issue"' and substituting '"Priority Final
Plan"';
(c) by omitting from subsection (2) "7 days"
and substituting "5 business days";
(d) by inserting the following subsections
after subsection (2):
(2A) If -
(a) a sealed plan, marked
"Priority Final Plan", that
29
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
s. 16 Part 4 - Local Government (Building and Miscellaneous Provisions) Act
1993 Amended
is duly executed and that
is identical to the unsealed
final plan that was lodged
with the Recorder of
Titles under
section 88(2)(a), is lodged
with the Recorder of
Titles under
subsection (1)(b); and
(b) all the other documents
that relate to that plan
have been lodged with the
Recorder of Titles as
required under
section 88(2); and
(c) all the relevant documents
in relation to the sealed
plan have been lodged
with the Recorder of
Titles; and
(d) the Recorder of Titles is
satisfied that the sealed
plan is not required to be
amended and that all other
information or documents
necessary to make a
determination under this
subsection have been
received by the Recorder
of Titles and are
satisfactory -
30
Building and Construction (Regulatory Reform Amendments) Act
(No. 2) 2020
Act No. of 2020
Part 4 - Local Government (Building and Miscellaneous Provisions) Act s. 16
1993 Amended
the Recorder of Titles, within 15
business days after the
requirements of paragraphs (a),
(b), (c) and (d) have been
satisfied, is to -
(e) accept the sealed plan; or
(f) reject the sealed plan
under this paragraph or
under subsection (3).
(2B) For the purposes of
subsection (2A), the relevant
documents in relation to the
sealed plan are the following:
(a) the original, final, duly
executed schedule of
easements in relation to
the sealed plan, that is
identical to the copy of
the schedule of easements
that was lodged with the
Recorder of Titles under
section 88(2);
(b) the original title
documents, satisfactory to
the Recorder of Titles,
evidencing ownership of
the land to which the
sealed plan relates;
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(c) if the original of the
balance plan has not
already been lodged with
the Recorder of Titles -
the original, duly
executed copy of the
balance plan that is
identical to the copy of
the original of the balance
plan lodged with the
Recorder of Titles under
section 88(2);
(d) if the original of the
survey notes has not
already been lodged with
the Recorder of Titles -
the original, duly
executed copy of the
survey notes that is
identical to the copy of
the original of the survey
notes lodged with the
Recorder of Titles under
section 88(2);
(e) all other original, duly
executed associated
documents or dealings
that the Recorder of Titles
requires to be provided.
(2C) If -
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(a) a sealed plan, marked
"Priority Final Plan", that
is duly executed and that
is identical to the unsealed
final plan that was lodged
with the Recorder of
Titles under
section 88(2)(a), is lodged
with the Recorder of
Titles under
subsection (1)(b); and
(b) all the other documents
that relate to that plan
have been lodged with the
Recorder of Titles as
required under
subsections (2A) and
(2B); and
(c) all of the relevant
documents in relation to
the sealed plan have been
lodged with the Recorder
of Titles -
the Recorder of Titles, within 13
business days, may -
(d) under subsection (5), give
to the council and the
owner notice in writing
that the sealed plan is
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required to be amended;
or
(e) give to the owner notice
in writing specifying
that -
(i) further
information or
documents,
specified in the
notice, are
required to be
provided to the
Recorder of Titles;
or
(ii) information, or
documents (other
than the sealed
plan), already
provided to the
Recorder of Titles,
is or are to be
amended as
specified in the
notice and, as so
amended,
provided to the
Recorder of Titles.
(2D) If the Recorder of Titles gives to
an owner or a council a notice,
under subsection (2C), this
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Building and Construction (Regulatory Reform Amendments) Act
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subsection or subsection (5), the
Recorder of Titles, within 8
business days from the day on
which he or she receives -
(a) the sealed plan, as
amended in accordance
with the notice under
subsection (5); or
(b) further information or
documents, or
amendments of
information or
documents, already
provided to the Recorder
of Titles, in accordance
with the notice under
subsection (2C) or this
subsection -
is to -
(c) notify under
subsection (5) the council
and the owner that the
plan is required to be
amended; or
(d) give to the owner notice
in writing specifying -
(i) that further
information or
documents are
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s. 16 Part 4 - Local Government (Building and Miscellaneous Provisions) Act
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required to be
provided; or
(ii) that the
information or
documents already
provided to the
Recorder of Titles
are required to be
amended as
specified in the
notice under this
subsection and, as
so amended,
provided to the
Recorder of Titles;
or
(e) notify the owner, or the
council, to whom or
which notice was given
under subsection (2C),
this subsection or
subsection (5), that the
Recorder of Titles is
satisfied that the
requirements of the notice
have been satisfied.
(2E) The period of 13 business days
referred to in subsection (2C)
does not continue to run in
relation to a sealed plan, and
other information or documents
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relating to a sealed plan, during
each period -
(a) beginning on the day on
which a notice under
subsection (2C),
subsection (2D)(d) or
subsection (5) is given to
the owner or council in
relation to the sealed plan
or in relation to
documents or information
required to accompany
the sealed plan; and
(b) ending on the day by
which, in relation to each
amended sealed plan, or
information or
documents, provided to
the Recorder of Titles
pursuant to the notice
given under
subsection (2C),
subsection (2D)(d) or
subsection (5), one of the
following has occurred:
(i) the Recorder of
Titles has given a
notice under
subsection (2D) or
subsection (5); or
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(ii) the Recorder of
Titles has failed to
comply with
subsection (2D).
(e) by inserting in subsection (3) ', marked
"Priority Final Plan",' after "final plan";
(f) by omitting from subsection (3)(b) "plan
was lodged" and substituting 'plan
marked "Priority Final Plan" was lodged
with the Recorder of Titles'.
17. Section 94 amended (Taking effect of sealed plan)
Section 94(2) of the Principal Act is amended by
inserting "within 21 days" after "is to".
18. Section 124 inserted
After section 123 of the Principal Act, the
following section is inserted in Division 9:
124. Transitional matters arising under Building
and Construction (Regulatory Reform
Amendments) Act (No. 2) 2020
(1) In this section -
amending Act means the Building and
Construction (Regulatory Reform
Amendments) Act (No. 2) 2020.
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1993 Amended
(2) The amendments to this Act made by the
amending Act do not apply, and this Act,
as in force immediately before the day on
which those amendments commence,
applies, in relation to a council, in
relation to a final plan lodged with the
council under section 88(1) before that
day.
(3) The amendments to this Act made by the
amending Act do not apply, and this Act,
as in force immediately before the day on
which those amendments commence,
applies, in relation to the Recorder of
Titles, in relation to a final plan lodged
with the Recorder of Titles under
section 88(2) before that day.
39
Building and Construction (Regulatory Reform Amendments) Act
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s. 19 Part 5 - Nature Conservation Act 2002 Amended
PART 5 - NATURE CONSERVATION ACT 2002
AMENDED
19. Principal Act
In this Part, the Nature Conservation Act 2002*
is referred to as the Principal Act.
20. Section 29 amended (Special permits to take
wildlife)
Section 29(5) of the Principal Act is amended by
omitting "12 months" and substituting "4 years".
_______________________________________________________________
*No. 63 of 2002
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Building and Construction (Regulatory Reform Amendments) Act
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Part 6 - Strata Titles Act 1998 Amended s. 21
PART 6 - STRATA TITLES ACT 1998 AMENDED
21. Principal Act
In this Part, the Strata Titles Act 1998* is
referred to as the Principal Act.
22. Section 31 amended (Application for, and grant of,
certificate of approval)
Section 31 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b) in subsection (2):
(ba) evidence, satisfactory to the
council, that is sufficient to
enable the council to be satisfied
as to the matters specified in
subsection (3) in relation to the
application; and
(b) by inserting the following subsections
after subsection (2):
(2A) The council must, within 30
business days after the day on
which it receives the application,
issue, or refuse to issue, a
certificate of approval in relation
to the application.
_______________________________________________________________
*No. 17 of 1998
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(2B) The council may -
(a) within 15 business days
after the day on which it
receives the application,
give to the applicant
notice in writing
specifying that the council
requires further
information in order to
determine the application;
and
(b) within 8 business days
after the day on which it
receives further
information requested
under paragraph (a) or
subparagraph (ii) -
(i) decide that the
information is
satisfactory; or
(ii) give to the
applicant notice in
writing specifying
that the
information is not
satisfactory and
require the
applicant to
provide further
information
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necessary to
satisfy the council.
(2C) The period of 30 business days
referred to in subsection (2A)
does not run in relation to an
application during the period
beginning on the day on which a
notice is given by the council
under subsection (2B) in relation
to the application and ending on
the day on which the council
receives from the person who
made the application information
that it decides is satisfactory.
23. Section 160A inserted
After section 160 of the Principal Act, the
following section is inserted in Part 11:
160A. Transitional matters arising under the
Building and Construction (Regulatory
Reform Amendments) Act (No. 2) 2020
(1) In this section -
amending Act means the Building and
Construction (Regulatory Reform
Amendments) Act (No. 2) 2020.
(2) The amendments to this Act made by the
amending Act do not apply, and this Act,
as in force immediately before the day on
which those amendments commence,
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s. 23 Part 6 - Strata Titles Act 1998 Amended
applies, in relation to an application
received by a council under section 31
before that day.
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Building and Construction (Regulatory Reform Amendments) Act
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Part 7 - Water and Sewerage Industry Act 2008 Amended s. 24
PART 7 - WATER AND SEWERAGE INDUSTRY ACT
2008 AMENDED
24. Principal Act
In this Part, the Water and Sewerage Industry
Act 2008* is referred to as the Principal Act.
25. Section 56O amended (Application to go to relevant
regulated entity)
Section 56O(1) of the Principal Act is amended
by inserting "but in any case within 5 business
days," after "delay,".
_______________________________________________________________
*No. 13 of 2008
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Act No. of 2020
s. 26 Part 8 - Concluding Provision
PART 8 - CONCLUDING PROVISION
26. Repeal of Act
This Act is repealed on the first anniversary of
the day on which the last uncommenced
provision of this Act commenced.