Page 1843 - Week 05 - Thursday, 6 May 2010
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Existing provisions in the act require the building surveyor to issue building approval for those applications that they determine or assess as requiring building approval. However, there is no provision that requires the building surveyor to provide anything in writing if they determine that no building approval is required. This currently leaves the applicant with no written evidence of this decision or assessment.
Mr Speaker, there are many reasons why a building approval may not be issued. For example, a building approval may not be required because the building work is exempt under the Building Act or the act precludes a building approval being issued. For example, section 27 of the act provides that a building approval cannot be issued if an entity’s advice was required and that advice has not been obtained. The provision in this bill ensures that a building certifier provides a written response for any building approval application they receive.
Part 3 amends the Construction Occupations (Licensing) Act. Clauses 27 to 30 amend the existing definition for building surveyor and works assessor so that these licensed persons can do work proposed by these reforms. Licensed categories are created in part 4 and I will speak on this shortly. Clause 34 amends existing section 104(3) to require that any codes of practice determined by the construction occupations registrar are notified. This provides industry and the community with access to the code through the legislation register.
Part 4 amends the Construction Occupations (Licensing) Regulation 2004. The amendments establish the licence classes for the new construction occupations and insurance requirements. As part of industry consultation, existing licensees indicated that any new persons working in the area should have the same insurance requirements as existing licensees. The amendments proposed ensure this. This is an important element of ensuring the industry is protected and all construction occupations are appropriately insured.
Clause 42 sets up the new licence classes for persons licensed to do exemption assessment D notices. A class A licence holder will be able to do exemption assessment D notices for the full scope of exemptions contained in schedule 1 of the Planning and Development Act. However a class B licence holder will only be able to work within exemptions or site work for either class 1 or class 10.
This means, for instance, that they can do an exemption assessment D notice for a swimming pool if the swimming pool is associated with a residential building or class 1. They will not be able to do an exemption assessment D notice for an exemption under schedule 1, 1.99C schools—new buildings or alterations. This is because this exemption applies to class 3 and class 9b buildings. Eligibility to apply for a class A or class B licence will be by qualification and relevant experience.
Lastly, part 6 deals with an amendment to the Unit Titles Act. The provisions strengthen the amendments introduced earlier this year so that when a land surveyor is engaged to do unit plans work they will know the precise detail that the plan needs to include. This will ensure that when the lessee uses that plan in an application for unit titling the plan will meet all legislative requirements. This will further assist the quick
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