Victorian Numbered Regulations

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BUILDING (INTERIM) REGULATIONS 2005 (SR NO 51 OF 2005) - REG 105

Definitions

        In these Regulations—

"allotment" means land that can be disposed of separately under section 8A of the Sale of Land Act 1962 without being subdivided;

"alteration" means construction in relation to an existing building;

"approved" means approved by the relevant building surveyor;

"AS/NZS" followed by a number or a group of numbers accompanied by a reference to a calendar year, means the standard so numbered published jointly by or on behalf of Standards Australia and Standards New Zealand;

"BCA" means the Building Code of Australia;

"clear to the sky" means an unroofed area or an area roofed with a material that transmits at least 90% of light;

"declared road" means a freeway or an arterial road within the meaning of the Road Management Act 2004 ;

"drainage authority" means—

        (a)     in relation to any area to which Part X of the Melbourne and Metropolitan Board of Works Act 1958 applies, the Melbourne Water Corporation; and

        (b)         in relation to any other area, the Authority to which Division 3 of Part 10 of the Water Act 1989 applies for that area;

"electricity supply authority" has the same meaning as electricity corporation has in section 85 of the Electricity Industry Act 2000 ;

"farm land" means farm land as defined in section 2 of the Valuation of Land Act 1960 ;

"fire performance requirement" means—

        (a)     performance requirement BP1.1, DP2, DP3, DP4 or DP6 of Volume One of the BCA (to the extent that it relates to fire safety); or

        (b)             performance requirement CP1, CP2, CP3, CP4, CP5, CP6, CP7, CP8, CP9, DP5, EP1.1, EP1.2, EP1.3, EP1.4, EP1.5 or EP1.6 of Volume One of the BCA; or

        (c)     performance requirement P2.1, P2.3.1 or P2.3.2 of Volume Two of the BCA (to the extent that it relates to fire safety for a Class 1b building and a Class 10 building not associated with a Class 1a building);

"fire safety engineer" means a registered building practitioner in the category of engineer, class of fire safety engineer;

"floodplain management authority" means an Authority or Minister to which Division 4 of Part 10 of the Water Act 1989 applies;

"Form" means a form in Schedule 2;

"gas supply authority" means—

        (a)     in relation to an area served by a reticulated gas supply, a gas company within the meaning of the Gas Safety Act 1997 ; and

        (b)         in relation to pipelines for the conveyance of hydrocarbons, the Minister responsible for the Pipelines Act 1967 ;
r. 105

"height" in relation to—

        (a)     a building (other than a wall or fence) at any point, means the vertical distance between natural ground level and the top of the roof covering; and

        (b)     a wall at any point, means the vertical distance between the natural ground level at the base of the wall and the point at which the outer wall intersects the plane of the top of the roof covering or the top of the parapet, whichever is higher; and

        (c)     a fence at any point, means the vertical distance between natural ground level at the base of the fence and the top of the fence;

"pergola" means an open structure that is unroofed but may have a covering of open weave permeable material;

"private open space" means—

        (a)     an unroofed area of land; or

        (b)     a deck, terrace, patio, balcony, pergola, verandah, gazebo or swimming pool;    

"setback" from a boundary or building, means a horizontal distance from that boundary or building;

"site coverage" means that part of an allotment, which is covered by buildings, expressed as a percentage of the area of the allotment;

"Standards New Zealand" is the trading arm of the Standards Council within the meaning of the Standards Act 1988 of New Zealand;

"street" includes road, highway, carriageway, lane, footway, square, court, alley and right of way;

"street alignment" means the line between a street and an allotment;

"sewerage authority" means—

        (a)     in relation to the metropolis under the Melbourne and Metropolitan Board of Works Act 1958 , the Melbourne Water Corporation; and

        (b)     in relation to a sewerage district under the Water Act 1989 , the Authority for that district under that Act;

"the Act" means the Building Act 1993 ;

"water supply authority" means, in relation to a water district under the Water Act 1989 , the Authority for that district under that Act;

"window" includes roof skylight, glass panel, glass brick, glass louvre, glazed sash, glazed door, translucent sheeting and any other building material which transmits natural light directly from outside a building into a room.



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