TASMANIA LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 TABLE OF PROVISIONS PREUMINARY PART 2 BUILDING AND PLUMBING

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1 1993 Local Government (Building and No. 96 TASMANIA LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 No. 96 of 1993 TABLE OF PROVISIONS 1. Short title 2. Commencement 3. Interpretation generally 4. Administration of Act 5. Interpretation of Part 2 6. Part prevails 7. Inconsistent by-laws PART 1 PREUMINARY PART 2 BUILDING AND PLUMBING Division 1-General provisions Division 2-Building and Plumbing Regulations Board 8. Membership of Building and Plumbing Regulations Board 9. Vacation of office 10. Filling of vacancies 11. Convening and procedure of meetings 12. Functions of Regulations Board 13. Staff 14. Advisory committees 1675

2 No Building regulations 16. Plumbing regulations Local Government (Building and Division 3-Regulations 17. General provisions relating to regulations 18. Approval of Regulations Board 19. Standards, rules, &c. 20. Tasmanian Plumbing Code 21. Food premises 22. Farm buildings 23. Buildings of architectural or historical interest 1993 Division 4-Qualified persons 24. Appointment of qualified persons 25. Functions of architects 26. Building inspectors 27. Plumbing inspectors 28. Disclosure of interest Division 5-Existing buildings 29. Application of Part to existing building 30. Restoration of buildings of architectural or historical interest 31. Habitation of certain buildings 32. Change of use 33. Alteration of fencing 34. Building certificates 35. Washing facilities Division 6-Restrictions on buildings 36. Declaration of landslip areas 37. Effect of landslip order 38. Registration of landslip area order 39. Compensation not payable 40. Revocation or amendment of landslip area order 41. Access to roads 42. Building between building line and boundary 43. Building areas 1676

3 1993 Local Government (Building and Division 7-Building work and plumbing work 44. Building work to comply with Part 45. Permits to carry out building work 46. Permits for removal and re-erection 47. Heating appliances 48. Certificate of occupancy 49. Certificate of completion of building work 50. Permits for plumbing work 51. Permits for special connections 52. Start work authorization 53. Certificate of completion of plumbing work 54. Defective plumbing work No. 96 Division 8-Building control 55. Terms and conditions on approvals 56. Prohibitions 57. Refusal of approval 58. Stopping illegal works 59. Entry to comply with order 60. Council may do work 61. Possession of building 62. Demolition of buildings 63. Orders or requirements to be made within 12 months Division 9-Application to Crown, marine boards and councils 64. Government buildings 65. Building by marine boards 66. Part applies to council 67. Building Appeal Board Division 10-Building appeals 68. Convening and procedure of meetings 69. Disqualification 70. Building Appeal Board Panel 71. Nominations 72. Vacation of office 73. Filling of vacancies 1677

4 No Assistance to Appeal Board 75. References Local Government (Building and 76. Appeals relating to permits and certificates 77. Powers of Appeal Board 78. Supreme Court opinion 79. Regulations relating to appeals PART 3 SUBDMSIONS Division I-Interpretation 80. Interpretation of Part 3 Division 2-Plans of subdivision 81. Subdivision 82. Voluntary submissions of plans 83. Approval of plan of subdivision 84. Council not to approve subdivision 85. Refusal of application for subdivision 86. Security for payment Division 3-Final plans 87. Final plans and schedule of easements 88. Lodgment of final plans 89. Approval of final plans by council 90. Determination of applicability of provisions 91. Corrections to final plans 92. Amendments to final plans 93. Cancellation of final plans Division 4-Sealed plans 94. Taking effect of sealed plan 95. Dedication of land 96. Dedication as highway 97. Acquisition of way by council 98. Surrender of reserves to Crown 99. Easements

5 1993 Local Government (Building and 100. Action for partition 101. Recovery of land 102. Non-application of provisions to certain sales No. 96 Division 5-Amendments of sealed plans 103. Amendment of sealed plans 104. Hearing in respect of amendment of plans 105. Compensation in respect of amendments Division 6-Miscellaneous provisions relating to plans 106. Lack of frontage of highway 107. Access orders 108. Road widening Division 7-Minimum and sub-minimum lots 109. Minimum lots 110. Adhesion orders 111. Subdivision of sub-minimum lots 112. Purposes for which plan approved 113. Brii'tging land under Land Titles Act Achievement of purposes 115. Exemption Division 8-PubZic open space 116. Limitation on requirement for public open space 117. Payment instead of increasing public open space 118. Council schemes 119. Approval of stratum plans 120. Savings of contracts 121. Application to the Crown 122. Part prevails Division 9-Miscellaneous matters PART 4 CEMETERIES AND CREMATORIA Division i-general provisions 123. Interpretation of Part Non-application of Part Council to control public cemeteries 1679

6 No Public cemeteries 127. Duties and powers of council 128. Application of revenue of cemetery Local Government (Building and 129. Religious ceremonies and original distribution 130. Free access to ministers of religion 131. Scale of fees 132. Monuments 133. New cemetery to be approved 134. Burial without charge 135. Lease of land for crematorium 1993 Division 2-Exclusive rights of burial 136. Burial rights 137. Private vaults protected 138. Disposal of portion Division 3-Maintenance and use of cemeteries 139. Power of council to remove monuments 140. Excessive maintenance 141. Disuse of public cemeteries 142. Unused or vacant cemeteries 143. Disposal of land not required Division 4-Closure of cemeteries and burial grounds 144. Closure of cemeteries 145. Preservation of exclusive burial rights 146. Closure of burial-grounds when public cemetery established Division 5-Taking over of disused burial-grounds 147. Disused burial-grounds 148. Notice of proposal 149. Objections 150. Effect of objections 151. Approval by authority or bishop 1680

7 1993 Local Government (Building and 152. Form and effect of deed poll 153. Certificate of title 154. Council to deal with burial-ground 155. Conditions for the removal of human remains 156. Land for reburial to be made available No. 96 Division 6-Exhumation and reburial 157. Exhumation 158. Council may exhume and rebury human remains Division 7-Parks and gardens 159. Burial-ground laid out as park or garden 160. Closed cemetery may become park or garden PART 5 PUBLIC HEALTH Division I-General 161. Interpretation of Part Powers over wharves Division 2-Appomtment of officers 163. Appointment of certain officers 164. Qualifications 165. Duties and directions 166. Removal, dismissal and suspension of officers Division 3-Removal of refuse and cleansing 167. Removal of refuse and cleansing works 168. Disposal of refuse and waste matter 169. Notice to carry out work 170. Reserves for deposit of nightsoil and refuse 171. Removal of carcases Division 4-Sanitation provisions 172. Sanitation facilities 173. Cesspools prohibited 174. Nightsoil disposal installation 175. Licences for use of installations 1681

8 No. 96 Local Government (Building and Division 5-Unhealthy buildings 176. Unhealthy buildings 177. Unhealthy ruins may be pulled down 178. Defects in unhealthy buildings 179. U nheal thy animal houses and sale-yards Nuisances 181. Inspection of municipal area Division 6-Nuisances Division 7 -Offensive trades 182. Offensive trades 183. Establishment of offensive trades 184. Registration of premises Division 8-Places of public entertainment 185. Interpretation and application of Division 186. Licences 187. Grant or refusal of licence 188. Expiry of licence 189. Renewal of licence 190. Revocation of licence 191. Appeals 192. Overcrowding 193. Register 194. Onus of proof and evidence Division 9-Miscellaneous matters 195. Polluted wells 196. Cellars 197. Burial or removal of body to morgue PART 6 WATER SUPPLY Division 1-Water districts 198. Water district, source of supply and restricted supply water district 199. Waterworks 200. Source of supply for water district 1682

9 1993 Local Government (Building and 201. Restricted supply water district 202. Irrigation undertakings 203. Application of Waterworks Clauses Act 1952 No. 96 Division 2-Financial and miscellaneous matters 204. Charge for water supplied by measure 205. Stopping water supply 206. Application of money received for water 207. By-laws prohibiting certain uses of water Division 3-Cost of extension of water mains 208. Interpretation of Division Cost of extension of mains 210. Liability to pay for extension of mains 211. Objections 212. Recovery of amounts payable 213. Amounts payable by way of ultimate liability 214. Payment by instalments Division 4-Cities of Hobart and Launceston 215. Interpretation of Division Waterworks 217. Supply of water 218. Cost of work by Launceston City Council 219. Application of Waterworks Clauses Act 1952 to Hobart City Council 220. Connection for domestic supply 221. Restriction on 'use of water 222. Gas pipes 223. Outer boundaries 224. Hospitals entitled to a supply of water PART 7 LONG SERVICE LEAVE AND EMPLOYEES ASSURANCE SCHEME Division 1-Long Service Leave 225. Interpretation of Division 226. Non-application of Part 227. Entitlement to long service leave 1683

10 No Length of employment 229. Salary in advance 230. Retirement 231. Allowance 232. Preservation of other rights 233. Paid employment on leave prohibited Local Government (Building and 234. Apportionment of expense between Councils 1993 Division 2-Employees assurance schemes 235. Interpretation of Division Establishment of schemes 237. Agreements with life assurance companies 238. Application of scheme 239. Appeals 240. New schemes PART 8 MISCELLANEOUS MATTERS Division 1-Preservation orders 241. Preservation orders 242. Compensation and subsidy 243. Preservation order is enforceable 244. Registering preservation order 245. Variation or revocation 246. Advertising hoardings Division 2-Advertising hoardings 247. Removal of advertising hoardings Division 3-Building over sewers 248. Building over sewers prohibited 249. Interpretation of Division Storm overflows and discharge Division 4-Sewers and Drains 251. Stormwater drains and sub-soil drains 1684

11 1993 Local Government (Building and PART 9 No. 96 AMENDMENTS TO OTHER ACfS IN RELATION TO BUILDING PROVISIONS 252. Consequential amendments SCHEDULE 1 CONSEQUENTIAL AMENDMENTS 1685

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13 1993 Local Government (Building and No. 96 LOCAL GOVERNMENT (BUILDING AND MISCELLANEOUS PROVISIONS) ACT 1993 No. 96 of 1993 AN ACT to provide for matters relating to building and for miscellaneous matters relating to local government [Royal Assent 23 December 1993] BE it enacted by His 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:- Short title PART 1 PREUMINARY 1-This Act may be cited as the Local Government (Building and Act

14 s. 2 No. 96 Commencement Local Government (Building and This Act commences on a day or days to be proclaimed. Interpretation generally (1) In this Act- "building area" means a building area referred to in section 43; "building surveyor" means a person appointed as such under Part 2; "council" means a council within the meaning of the Local Government Act 1993; "councillor" means a councillor within the meaning of the Local Government Act 1993; "Director" means the Director of Local Government appointed under the Local Government Act 1993; "elector" means a person entitled to vote under the Local Government Act 1993; "erect" includes construct and commence, carry on or complete; "expenses" in relation to a council includes- (a) the salaries and wages of its employees; and (b) the compensation, purchase money or rent (c) payable for land; and the cost of materials used, and the consideration payable under any contract, in connection with any work, undertaking or duty which the council is empowered or required to undertake under this Act; and (d) the reasonable costs and outgoings incurred by the council in enforcing this Act or in suing for, or recovering, any charges or expenses; "general manager" means a person appointed as such under the Local Government Act 1993; "highway" does not include a highway over water other than bridges and fords; "inhabit" in relation to a building means to live, work, sleep, eat or cook in the building;

15 1993 Local Government (Building and No. 96 s. 3 "municipal area" means a municipal area within the meaning of the Local Government Act 1993; "Panel" means the Land Use Planning Review Panel established under the Land Use Planning and Approvals Act 1993; "private" in relation to a way, means not subject to use by the public as of right; "public" in relation to a way, means subject to use by the public as of right; "Recorder of Titles" means the person appointed as such under the Land Titles Act 1980; "Register" has the same meaning as it has in the Land Titles Act 1980; "road" means- (a) any land subject to a right of way for wheeled vehicles; and (b) any land which obviously appears to be regularly used for the passage of wheeled vehicles; and (c) any land made ready to be regularly so used, together with any adjoining path; "State highway" means a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935; "street" means- (a) a road with building continuous or nearly continuous on both sides or with the adjoining lands laid out for that purpose; and (b) a terrace being a road with such building or land so laid out on only one side; and (c) a cul-de-sac being a rectangular, polygonal or rounded space containing a road and with the perimeter so built on or so laid out; "way" means- (a) any land over which anyone other than the person in possession, his or her family, servants, customers or callers, may of right pass and rep ass with or without animals and vehicles; and 1689

16 s. 4 No. 96 Local Government (Building and 1993 (b) any land which obviously appears to be regularly used for the passage of persons with or without animals or vehicles; and (c) any land made ready to be so regularly used. (2) If a path would be adjoining but for a nature strip, the path is taken to be adjoining and the nature strip is taken to be part of the road. (3) A railway or tramway, other than a street tramway, is not a road except where it crosses a road on the same level or, in running along a road, it is not separated from the road by any fence, cattle-guard, hedge, ditch or wall. Administration of Act 4-Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act (a) the administration of this Act is assigned to the Minister for Local Government; and (b) the Department responsible to the Minister for Local Government in relation to the administration of this Act is the Department of Environment and Land Management. Interpretation of Part 2 PART 2 BUILDING AND PLUMBING Division 1-General provisions 5-(1) In this Part- "Appeal Board" means the Building Appeal Board established under section 67; "Appeal Board Panel" means the Building Appeal Board Panel established under section 70; 1690

17 1993 Local Government (Building and No. 96 s. 5 "appointed member" means a member other than the chairperson; "approve" in relation to a building work, means approve by virtue of a permit issued in accordance with the Building Regulations; "block" means a piece of land all in one piece of the same owner and not intersected by other land; "builder" means- (a) a person engaged by the owner of a building to manage or execute building work on the building; or (h) if such a person does not exist or cannot be found, the owner of that building; "building" includes a proposed building, part of a building, a structure and part of a structure; "Building Code of Australia" means the code relating to the design and construction of buildings issued by the Australian Uniform Building Regulations Coordinating Council; "building inspector" means a person appointed as such under section 24; "building line" in relation to a road, means- (a) a line prescribed by by-law or planning instrument as a building line; or (h) if a line is not so prescribed, a line which is (i) 18 metres from the middle of a State highway or a road that is not within a city or town; or (ii) 9 metres from the middle of a road (other than an alley) that is within a city or town; "Building Regulations" means regulations made under section 15; "building surveyor" means a person appointed as such under section 24; "building work" means work relating to- (a) the erection, re-erection, construction, alteration, repair, underpinning, demolition or removal of a building; and (h) the addition to a building; and 1691

18 s. 6 No. 96 Local Government (Building and 1993 (c) the excavation or filling incidental to an activity referred to in paragraph (a) or (b); and (d) plumbin~ work carried out in association with an activity referred to in paragraph (a), (b) or (c); and (e) any other prescribed work; "engineer" means a person appointed as such under section 24; "inspector" means the building inspector or plumbing inspector, as the case requires; "Part" includes any regulations made under this Part; "plumber" means a person who holds an appropriate certificate of registration under the Plumbers and Gasfitters Registration Act 1951; "plumbing inspector" means a person appointed as such under section 24; "Plumbing Regulations" means regulations made under section 16; "plumbing work" means any work relating to the installation, alteration or maintenance of a water supply, a system of sewage drainage, stormwater drainage, roof drainage or trade waste drainage or a plumbing system; "Regulations Board" means the Building and Plumbing Regulations Board established under section 8. (2) The nature, purpose or use of a building is to be determined from- (a) its design; or (b) if it is suitable for different purposes or uses, according to its most natural purpose or use as inferred from its design, its situation and the declared intentions of the owner. Part prevails 6-The provisions of this Part prevail over the provisions of this or any other Act or any regulation, rule, by-law, planning instrument, standard, condition, determination or directive made under any other Act relating to building work or plumbing work. 1692

19 1993 Local Government (Building and Inconsistent by-laws No. 96 s. 7 7-Any provision of a by-law made under any Act which is inconsistent with any provision of this Part is of no effect. Division 2-Building and Plumbing Regulations Board Membership of Building and Plumbing Regulations Board 8-(1) The Building and Plumbing Regulations Board IS established. (2) The Regulations Board consists of- (a) the Director, who is the chairperson; and (b) 7 other persons appointed by the Minister of whom- (i) one is a building surveyor selected by the Minister from a panel of 3 persons nominated by the Municipal Association of Tasmania; and (ii) one is an architect selected by the Minister from a panel of 3 architects nominated by the Royal Australian Institute of Architects, Tasmanian Chapter; and (iii) one is a structural engineer selected by the Minister from a panel of 3 structural engineers nominated by the Institution of Engineers, Australia, Tasmanian Division; and (iv) one is a builder selected by the Minister from a panel of 4 persons, 2 of whom are members of, and nominated by, the Australian Institute of Building, Tasmanian Chapter and 2 of whom are builders nominated by the Master Builders Association of Tasmania; and (v) one is a person selected by the Minister from a panel of 4 persons, 2 of whom are members of, and nominated by, the Institute of Plumbing Australia and 2 of whom are members of, and nominated by, the Master Plumbers Association of Tasmania; and 1693

20 s. 8 No. 96 Local Government (Building and 1993 (vi) one is a person who is not otherwise qualified for nomination but who, in the opinion of the Minister, is capable of representing the interests of the community; and (vii) one is a person selected by the Minister from a panel of 3 persons nominated by the State Fire Commission. (3) If a nomination is not made under subsection (2) (b), the Minister may appoint a suitably qualified person without such a nomination. (4) If a member of the Regulations Board referred to in paragraph (b) of subsection (2) is absent from office for any cause, the Minister, on the nomination of the relevant body referred to in that paragraph, may appoint a person to act in the office of that member during such an absence. (5) If a body referred to in subsection (2) ceases to exist or changes its name, the Governor, by order, may amend that subsection by substituting- (a) the name of a body which the Governor is satisfied substantially represents the interests represented by the body which ceases to exist; or (b) the name of the body as changed. (6) An appointed member is to be appointed for the period, not exceeding 3 years, as is specified in the instrument of appointment. (7) The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office, is not disqualified from- (a) holding that office and also the office of an appointed member; or (b) accepting any remuneration payable to an appointed member (8) An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister determines.

21 1993 Local Government (Building and Vacation of office No. 96 s. 9 9-(1) An appointed member may resign from office by written notice addressed to the Minister. (2) An appointed member vacates office if he or she (a) dies; or (b) resigns; or (c) is removed from office under subsection (3), (4) or (5). (3) The Minister may remove an appointed member from office if the member- (a) is absent from 3 consecutive meetings of the Regulations Board without the permission of the Regulations Board; or (b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or (c) has been convicted in Tasmania of any crime or offence punishable by imprisonment for 12 months or longer or elsewhere of any crime or offence which, if committed in Tasmania, would be punishable by imprisonment for 12.months or longer; or (d) is convicted of an offence against this Part. (4) The Minister may remove an appointed member from office if satisfied that the member is unable to perform adequately or competently the duties of office. (5) The Minister may remove an appointed member from office if- (a) the Minister is satisfied, having regard to the information supplied by the body which nominated that member, that the member is no longer qualified to be a member of the Regulations Board; or (b) the Regulations Board recommends the removal of that member. 1695

22 s. 10 No. 96 Local Government (Building and 1993 Filling of vacancies 10-(1) If the office of an appointed member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office. (2) If an appointed member is unable for any reason to perform the functions of a member of the Regulations Board, the Minister may appoint a suitable person to act in the office of that member for such period as the Minister determines. Convening and procedure of meetings (1) The chairperson of the Regulations Board is to convene a meeting of the Regulations Board- (a) at least twice in each period of 12 months; or (b) whenever required to do so by the Minister. (2) The chairperson of the Regulations Board is to preside at all meetings of the Regulations Board. (3) lithe chairperson of the Regulations Board is not present at a meeting of the Regulations Board, the members present are to elect one of their number to preside at that meeting. (4) The person presiding at a meeting of the Regulations Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote. (5) The quorum at any meeting of the Regulations Board is 4 members. (6) A meeting of the Regulations Board may only transact business if there is a quorum present. (7) A question arising at a meeting of the Regulations Board is determined by a majority of votes of the members present and voting. (8) Subject to this section, the procedure for the calling of, and for the conduct of business at, meetings of the Regulations Board are as it determines.

23 1993 Local Government (Building and Functions of Regulations Board No. 96 s The functions of the Regulations Board are- (a) to review laws and proposed laws relating to building work and plumbing work in order to rationalize the effect and administration of those laws; and (b) to initiate amendments of the Building Regulations and the Plumbing Regulations for the purpose referred to in paragraph (a) and- (i) to simplify any requirements imposed by those regulations; and (ii) to supersede any of those regulations; and (iii) to bring any of the Building Regulations into conformity with models proposed by the Australian Uniform Building Regulations Coordinating Council; and (iv) to take into account any technological changes affecting building and plumbing materials and building and plumbing techniques; and (c) to consult with councils, government agencies and bodies which represent persons having an interest in matters relating to building work and plumbing work. Staff 13-(1) The Director may make arrangements with the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984, for employees employed in that Agency who are experienced in matters relating to building or plumbing to be made available- (a) for appointment as secretary to th<;; Regulations Board; and (b) to assist the Regulations Board and any advisory committee in the performance of their functions. (2) An employee may hold the office of secretary to the Regulations Board or assist the Regulations Board or an advisory committee in conjunction with a position in the State Service. 1697

24 s. 14 No. 96 Local Government (Building and 1993 Advisory committees 14-(1) The Regulations Board may establish any advisory committees it determines are necessary or desirable to assist it in the exercise of its functions. (2) Subject to subsection (3), a member of an advisory committee is entitled to be paid such remuneration (including travel and subsistence allowances) as the Minister may determine. (3) A member of an advisory committee who is an employee within the meaning of the Tasmanian State Service Act 1984 is only entitled to remuneration with the approval of the Head of the Agency in which the employee is employed. Building regulations Division 3 -Regulations 15-(1) The Governor, on the recommendation of the Regulations Board, may make regulations relating to buildings and building work. (2) Regulations under this section may be made in relation to the following matters:- (a) requirements and conditions relating to permits and certificates relating to any building or building work; (b) applications for, and issue of, permits and certificates relating to any building or building work; (c) duration of permits; (d) staged permits; (e) fees and the manner of their payment, refund and recovery; if) supervision and requirements of building work; (g) inspections of buildings and building work; (h) notices and orders in relation to buildings and building work; (i) compliance with, and enforcement of, requirements relating to buildings and building work; (j) methods of construction and use of materials; 1698

25 1993 Local Government (Building and No. 96 s. 16 (k) classification and use of buildings; (l) location of buildings; (m) standards of health and amenity relating to buildings; (n) fire resistance of buildings; (0) fire service installations; (P) services and equipment in buildings; (q) access to, and egress from, buildings; (r) buildings and building work in landslip areas and areas prone to flooding or bush fires; (s) appeals against notices, orders and requirements and the hearing and determination of such appeals. (3) Regulations made under this section may exempt building work or a type of building from any of the provisions of the regulations. (4) Regulations made under this section may adopt by reference the Building Code of Australia, any standards, rules, codes and specifications of bodies specified in that Code and any other standards, rules, codes and specifications. (5) Regulations may be made subject to conditions or so as to apply differently according to matters, limitations or restrictions specified in the regulations. Plumbing regulations 16-(1) The Governor, on the recommendation of the Regulations Board, may make regulations relating to plumbing work. (2) Regulations under this section may be made in relation to the following matters:- (a) requirements and conditions relating to permits, certificates and authorizations relating to plumbing work; (b) applications for, and issue of, permits, certificates and authorizations relating to any plumbing work or plumbing product; (c) construction, use and maintenance of plumbing work; (d) use of materials; 1699

26 s. 17 No. 96 Local Government (Building and 1993 (e) standards of plumbing work; (f) inspections and testing of any plumbing work; (g) fees and the manner of their payment, refund and recovery; (h) notices and orders in relation to plumbing work; (i) appeals against notices, orders and requirements and the hearing and determination of such appeals. (3) Regulations made under this section may adopt by reference the Tasmanian Plumbing Code and any of the standards, rules, codes and specifications of bodies specified in that Code. (4) Regulations may be made subject to conditions or so as to apply differently according to matters, limitations or restrictions specified in the regulations. (5) In this section, the "Tasmanian Plumbing Code" means the code approved by the Minister under section 20. General provisions relating to regulations (1) Regulations made under section 15 or 16 may (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues. (2) Regulations made under section 15 or 16 may authorize any matter to be determined, applied or regulated by a person or body specified in the regulations. (3) If a regulation made under section 15 or 16 requires anything to have certain qualities, the Minister may publish the trade names of things which, according to tests by competent persons, appear to have those qualities. (4) Any thing, the trade name of which is published under subsection (3), is to be treated as having the qualities required for the purposes of the regulation in respect of which it is published.

27 1993 Local Government (Building and No. 96 s. 18 (5) A regulation under section 15 or 16 may contain provisions of a savings or transitional nature consequent on the enactment of those sections. (6) Regulations made under section 15 or 16 may provide for any form required under those regulations to be in a form approved by the Director. Approval of Regulations Board 18-(1) A regulation, rule or by-law relating to the design of buildings, building work or plumbing work must not be made under any Act without the approval of the Regulations Board unless that Act expressly provides to the contrary. (2) A regulation, rule or by-law relating to the design of buildings, building work or plumbing work that is not made in compliance with subsection (1) is of no effect. (3) The Regulations Board may certify that a regulation, rule or by-law is only incidentally relating to the design of buildings, building work or plumbing work and does not require its approval. Standards, rules, &c. 19-The Minister, on the recommendation of the Regulations Board, may make codes, standards, rules, specifications or drawings relating to building work and plumbing work. Tasmanian Plumbing Code 20-The Minister, on the recommendation of the Regulations Board, may approve a code to be the Tasmanian Plumbing Code to provide for the technical requirements in respect of plumbing work and plumbing products. Food premises 21-A health surveyor, in accordance with the Building Regulations, may determine that the requirements of the Building Code of Australia in relation to food premises be altered. 1701

28 s. 22 No. 96 Local Government (Building and 1993 Farm buildings 22-A building surveyor, in accordance with the Building Regulations, may determine that the requirements of the Building Code of Australia in relation to farm buildings be altered. Buildings of architectural or historical interest 23 - A building surveyor, in accordance with the Building Regulations, may determine that the requirements of the Building Code of Australia in relation to buildings of architectural or historical interest be altered. Division 4-Qualified persons Appointment of qualified persons (1) For the pul}lose of this Part, a council is to appoint on any terms and conditions it considers appropriate individuals qualified and competent to perform the duties of- (a) a building surveyor; and (b) a building inspector; and (c) an engineer; and (d) a plumbing inspector; and (e) an architect. (2) If a council fails to appoint a building surveyor for 3 months, the Director may make the appointment. (3) The remuneration of a person appointed under subsection (2) is to be paid by the council. (4) A person is qualified or competent for the purpose of this Part if the person- (a) has the qualifications or has satisfactorily passed any examination determined by the Director; and (b) in the opinion of the Director, has appropriate experience.

29 1993 Local Government (Building and Functions of architects No. 96 s (1) Subject to the directions of a council, the architect is to- (a) direct the planning and development of buildings required by the council; and (b) direct the preparation of by-laws and planning requirements with respect to the design and siting of buildings. (2) An architect may exercise the powers and perform the duties of a building surveyor under this Act. Building inspectors 26-(1) The council may require a building inspector to carry out inspections and surveys as required by the building surveyor. (2) A building inspector who has the appropriate qualifications and experience, on the resolution of the council, may exercise all the powers and duties of the building surveyor with respect to Class 1 and Class 10 buildings except the checking of structural calculations. (3) In this section, "Class 1 and Class 10 building" means any building classified as such under the Building Code of Australia. (4) In this section, "appropriate qualifications and experience" means any qualifications and experience the Director determines to be appropriate for the purposes of this section. Plumbing inspectors 27 - The council may require a plumbing inspector to carry out inspections and surveys as directed by the engineer. 1703

30 s. 28 No. 96 Local Government (Building and 1993 Disclosure of interest 28-(1) An architect, building surveyor, building inspector, engineer or plumbing inspector who has any interest in any matter in respect of which he or she is to carry out or assist in carrying out any work- (a) must disclose that interest to the general manager; and (b) is disqualified from carrying out or assisting in carrying out any of that work. Penalty: Fine not exceeding 20 penalty units. (2) The council may appoint another suitably qualified and competent person to perform the work. (3) A person who is disqualified from carrying out or assisting in carrying out any work is liable to pay to the council any excess amount the council expends in remunerating any person appointed under subsection (2). (4) A payment referred to in subsection (3) is a debt due to the council and recoverable in a court of competent jurisdiction. Division 5-Existing buildings Application of Part to existing building 29-A building erected, constructed or altered in accordance with the Local Government Act 1962 is taken to be erected, constructed or altered in accordance with this Part. Restoration of buildings of architectural or historical interest 30-Any building of architectural or historical interest constructed otherwise than in accordance with this Part and taken down or destroyed may, with the consent of the council, be restored in the same material and same design as it originally was. 1704

31 1993 Local Government (Building and Habitation of certain buildings No. 96 s (1) A person must not, without the approval of the council, inhabit a building which is not built as a dwelling for a period exceeding one month. Penalty: Fine not exceeding 50 penalty units. (2) An application for approval to inhabit is to (a) be in writing; and (b) state the name of the owner and occupier of the land on which the building stands; and (e) state the name of the occupier or proposed occupier of the building; and (d) state the reasons for the occupation of the building; and (e) state the nature of the building, including the details of its size, materials, water supply and its cooking, washing and sanitation arrangements. (3) The council may not refuse the approval to inhabit if it appears that the person is only inhabiting the building because- (a) the person is working temporarily in the vicinity; and (b) it is not reasonable to obtain better accommodation. (4) Any amount received as rent for inhabiting a building in respect of which- (a) approval to inhabit is refused; or (b) an application for such approval has not been made within one month of the habitationis. a debt due from the person who received it to the council and recoverable in a court of competent jurisdiction. (5) The council. may pay any money recovered under subsection (4) or part of such money to the person who first paid it. Change of use 32-A person must not change the use of a building except in accordance with this Part. Penalty: Fine not exceeding 50 penalty units. 1705

32 s. 33 No. 96 Local Government (Building and 1993 Alteration of fencing 33-Except with the consent of the council, a person must not erect a fence or any other structure which is not shown on any plan approved under the Building Regulations so as to restrict the use in connection with the building of the unoccupied area of the land on which it is built. Building certificates 34-(1) Any of the following persons may apply to the council for a building certificate certifying that the council does not intend to take any action under this Part in relation to a building:- (a) the owner of the building; (b) the purchaser of the building; (c) any other person who is authorized by the owner or purchaser of the building to apply. (2) An application is to be made, and the issue of a building certificate is to be done, in accordance with the Building Regulations. Washing facilities (1) The council may order the owner of a dwelling in which- (a) there are not adequate washing facilities to install such facilities; and (b) there are adequate washing facilities within 60 metres of a common sewer into which they are capable of being drained, to connect them to the sewerto the satisfaction of the building surveyor within the period specified in the order. (2) A person must not fail to comply with an order under subsection (1). Penalty: Fine not exceeding 5 penalty units and a daily fine not exceeding one penalty unit.

33 1993 Local Government (Building and No. 96 s. 36 (3) In this section "adequate washing facilities" means (a) a bath of a type required or permitted by the Building Regulations with a drain to the outside of the building; or (b) a shower connected to a supply of water and in a place drained to the outside of the building. Division 6-Restrictions on buildings Declaration of landslip areas 36-(1) The Governor, by order and on the recommendation of the Secretary of the responsible Department, may declare any specified area of a municipal area to be an A landslip area or a B landslip area. (2) Before making a recommendation under subsection (1), the Secretary of the responsible Department must- (a) be satisfied that the area is subject to earth movement because of inherent instability; and (b) notify the council of the proposed recommendation. (3) On receipt of a notification, the council is to give written notice to the owners of any land in the area likely to be affected by the making of an order under this section. (4) An owner may object to the proposed recommendation to the Secretary of the responsible Department within 30 days after receipt of the notice referred to in subsection (3). (5) The Secretary of the responsible Department may not proceed with the recommendation until all the objections and any evidence submitted have been considered. (6) Subsections (3), (4) and (5) do not apply to any case which the Secretary of the responsible Department considers to be one which requires urgent action. (7) An order under this section must not take effect on a date less than 30 days after its making is notified in the Gazette. (8) In this section, "Secretary of the responsible Department" means the Secretary of the Department responsible for the administration of the Mining Act

34 s. 37 No. 96 Local Government (Building and 1993 Effect of landslip order 37-(1) A person must not erect, or add to, a building in an area which is declared to be an A landslip area under section 36 except in accordance with subsection (2). Penalty: Fine not exceeding 100 penalty units. (2) The Minister, on the recommendation of a council, may permit a person to- (a) erect a shed or an insubstantial building in an A landslip area; or (b) add to a building in an A landslip area; or (c) erect a building which is subject to the Building Regulations within the boundaries of a wharf in an A landslip area. (3) In this section, "insubstantial building" means a building that- (a) has a total floor area not exceeding 25 square metres; and (b) is not more than one storey high. Registration of landslip area order (1) The Minister is to cause an order made under section 36 to be registered- (a) in the case of land under the Land Titles Act 1980, by lodging with the Recorder of Titles- (i) (ii) a copy of the order; and a statement signed by the Minister specifying the titles affected by the order; or (b) in any other case, by filing with the Director-General of Lands a certified copy of the order under the Registration of Deeds Act 1935 as if it were an instrument to which the Minister is a party. (2) The Recorder of Titles is to record the particulars of an order registered under subsection (1) (a) on any title to land affected by the order. (3) An order recorded on a title to land is an interest for the purposes of section 40 of the Land Titles Act 1980.

35 1993 Local Government (Building and No. 96 s. 39 (4) The Director-General of Lands is to- (a) endorse a certified copy of an order registered under subsection (1 ) (b) with a statement stating that the order has been registered under this section; and (b) keep all the relevant documents relating to the order. Compensation not payable 39-Compensation or other relief is not payable for any damage caused by earth movement to any building which is erected in an A landslip area or a B landslip area after an order has been registered under section 38 and not revoked under section 40. Revocation or amendment of landslip area order 40-(1) The Governor, by order and on the recommendation of the Secretary of the responsible Department, may- (a) revoke an order made under section 36; or (b) amend the order by- (i) changing the category of the landslip area; or (ii) altering the area of a landslip area. (2) The Minister is to register an order under subsection (1) in accordance with section 38. (3) The provisions of sections 36 to 39 inclusive apply to an order under this section by which- (a) land that is not part of a landslip area becomes part of one; or (b) land in a B landslip area becomes part of an A landslip area. Access to roads 41-(1) Subject to subsection (4), a person must not, without the approval of the Minister, build or cause to be built a dwelling on a block of land in an urban area or a changing building area which does not have access to a road by- (a) a direct frontage onto the road of not less than 6 metres; or 1709

36 s. 42 No. 96 Local Government (Building and 1993 (b) a private road which is not less than- (i) 3.6 metres wide, in the case of land which is a minimum lot under Part 3; or (ii) 6 metres wide at its narrowest part and is not the only or principal means of access to another dwelling. Penalty: Fine not exceeding 100 penalty units. (2) The Minister may only give approval under subsection. (1)- (a) at the request of the council; and (b) if, in the opinion of the council, the block of land has sufficient access to a highway. (3) If an owner is convicted of an offence against this section, the council may order the person to remove the dwelling in respect of which the offence was committed. (4) This section does not apply to the building of a dwelling on a block of land if that block - (a) forms part of land which was subdivided into building blocks before 15 December 1929; and (b) was purchased or acquired as a building block by the person proposing to build the dwelling; and (c) the dwelling could have been lawfully built at that date. Building between building line and boundary 42-A person must not erect a building between the building line and the boundary of a road or State highway. Penalty: Fine not exceeding 20 penalty units. Building areas 43-(1) A building area may be (a) urban; or (b) country; or (c) changing. 1710

37 1993 Local Government (Building and No. 96 s. 44 (2) Every city and town is an urban building area and may be divided by by-law into- (a) an inner and an outer area; or (b) a central, an inner and an outer area. (3) A city or town which is not divided is subject to the same enactments, regulations and by-laws as an outer area. (4) The Governor, at the request of a council pursuant to a special resolution, by proclamation, may declare any defined area of a municipal area to be a changing building area if the area- (a) is not within a city or town; or (b) is being, or is in the opinion of the council likely to be, developed as a suburb, holiday resort or similar built-up area. (5) The Governor, on the request of a council pursuant to a special resolution, by proclamation, may declare any defined area of a municipal area not within an urban building area or a changing building area to be a country building area. (6) The boundaries of any building areas may at any time be altered. Division 7 -Building work and plumbing work Building work to comply with Part 44-(1) A person must not carry out building work otherwise than in accordance with this Part. Penalty: Fine not exceeding 50 penalty units. (2) If building work in relation to a building is carried out otherwise than in accordance with this Part, the council, in accordance with the Building Regulations, may (a) require the owner of the building to demolish the building; or (b) allow the building to remain subject to any prescribed conditions. 1711

38 s. 45 No. 96 Local Government (Building and 1993 Permits to carry out building work 45-(1) Subject to subsections (2) and (3), a person must not carry out building work without a permit issued under the Building Regulations. Penalty: Fine not exceeding 50 penalty units. (2) A person may carry out building work without a permit if- (a) a municipal building surveyor has determined the building work to be minor alterations or minor repairs; and (b) the building work is to be carried out in accordance with the Building Code of Australia; and (c) the building work does not cause the building to contravene this Part or any other law of the State. (3) A person may carry out building work without a permit if that work is exempt under the Building Regulations from the requirement of a permit. (4) A permit is to be issued within- (a) the period agreed to by the applicant and the building surveyor; or (b) if there is no agreement, the prescribed period. (5) Building work in respect of which a permit is issued is to be commenced and completed within- (a) the period agreed to by the applicant and the building surveyor; or (b) if there is no agreement, the prescribed period. Permits for removal and re-erection 46-(1) A person must not remove a building from one municipal area and re-erect it in another municipal area without- (a) a permit issued by the council of the first-mentioned municipal area to remove it; and (b) a permit issued by the council of the second-mentioned municipal area to carry out the building work. Penalty: Fine not exceeding 50 penalty units. 1712

39 1993 Local Government (Building and No. 96 s. 47 (2) A permit under this section is to be issued in accordance with the Building Regulations. Heating appliances 47-A person must not install a stove, heater or any similar appliance which burns oil or solid fuel unless that installation is carried out in accordance with the Building Code of Australia. Penalty: Fine not exceeding 20 penalty units. Certificate of occupancy 48-(1) A person must not use, occupy or change the use of a building- (a) unless a certificate of occupancy in respect of that building is in force under the Building Regulations; or (b) except as provided under section 31. Penalty: Fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues. (2) A person may apply to the council for a certificate of occupancy in accordance with the Building Regulations. Certificate of completion of building work 49-If the council is satisfied that building work is completed, it is to issue a certificate of completion. Permits for plumbing work 50-(1) Subject to subsection (2), a person must not carry out any plumbing work unless- (a) a plumbing permit for that plumbing work is issued by the council in accordance with the Plumbing Regulations; and 1713