152Regulation-making power

152 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may exempt a building or building work (an exemption) from the application of this Act, or part of the Act, whether— (a) directly or by a further instrument; or (b) conditionally or otherwise. (3) The regulations may make provision in relation to— (a) the approval of building work in relation to particular buildings; and (b) anything else in relation to the approval of building work on particular buildings; and (c) the following: (i) when an entity must be consulted about, consent to, or approve, an application for building approval; (ii) anything else in relation to the consultation, consent or (d) an exemption. Note See s 27 (1) (b). (4) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 60 penalty units for offences against the regulations. (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • bankrupt or personally insolvent • construction occupations registrar • contravene • exercise • function • land titles register • law • may (see s 146) • must (see s 146) • national land • reviewable decision notice • statutory office-holder • territory land • territory law • territory planning authority • under. access point, for part 5A (Regulated swimming pools)—see actuary, for an approved scheme, for part 6 (Residential buildings— statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84. administrator—see section 127F (1). alteration, of a building, includes— (a) demolition of part of the building; and (b) an addition to the building. approval criteria, for part 6 (Residential buildings—statutory approval requirement, for plans—see section 29. approved plans— (a) means plans that relate to building work for which a building approval is in effect; and (b) includes amended plans. approved scheme, for part 6 (Residential buildings—statutory asbestos—see the Work Health and Safety Regulation 2011, asbestos assessment report, for premises—see the Dangerous Substances Act 2004, section 47K. asbestos removal control plan, in relation to building work, means a plan, complying with the Dangerous Substances Act 2004 and the Work Health and Safety Act 2011, that provides for the management of any asbestos disturbance resulting from the building work. authorised insurer means a body corporate authorised to carry on insurance business under the Insurance Act 1973 (Cwlth), section 12. authorised person, for part 5A (Regulated swimming pools)—see basic building work—see section 10. builder, in relation to residential building work or a residential building, for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84. builders licence means a licence issued under the Construction Occupations (Licensing) Act 2004 in the construction occupation of builder. building— (a) for Act—see section 7; but (b) for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84. building action, for part 9 (Limitation of liability)—see section 140. building approval means a building approval under part 3. building code—see section 136 (1). building inspector means a person appointed under section 128. building practitioner, for part 6A (Residential building disputes)— see section 127A. building surveyor—see the Construction Occupations (Licensing) Act 2004, section 9. building work— (a) for Act—see section 6; but (b) for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84. certificate of occupancy means a certificate under section 69. certificate of regularisation—see section 75 (1). certifier— (a) for building work—means an entity appointed to act as certifier under section 19 (Appointment of certifiers—work not begun), section 19A (Appointment of certifiers—work begun) or government certifier under section 20 (Appointment of government certifiers) for the work; but (b) for division 3.2 (Certifiers and government certifiers)—see section 17. class, of building, means that class of building under the building code. complete exemption, for part 5A (Regulated swimming pools)—see section 83K (1). completion day, for part 6 (Residential buildings—statutory see section 85. compliance status certificate, for a regulated swimming pool, for part 5A (Regulated swimming pools)—see section 83K (1). complying residential building work insurance, for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84. consumer representative, for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 127AA (1). cost, for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 86. custodian, for part 4 (Stop and other notices and demolition orders)— see section 52. decision-maker, for a reviewable decision, for part 9A (Notification and review of decisions)—see section 142A. demolition order—see section 63A (2). developer, for part 6A (Residential building disputes)—see section 127A. development, in relation to land—see the Planning Act 2023, section 14 (1). development approval—see the Planning Act 2023, dictionary. dispute resolution officer means a person appointed under section 127G to be a dispute resolution officer. disturbs friable asbestos—see section 10B. dwelling means a class 1 or class 2 building. easement, for part 4 (Stop and other notices and demolition orders)— see section 52. eligible entity, for division 3.2 (Certifiers and government certifiers)—see section 18. energy efficiency certificate—see section 139C (1). exempt building—see section 12. exemption assessment—see section 14. exemption assessment B notice—see section 14B. exemption assessment D notice—see the Planning Act 2023, section 152 (2) (b). exemption certificate, for a regulated swimming pool, for part 5A (Regulated swimming pools)—see section 83D (6). fidelity certificate, for building work, for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84. fidelity fund scheme, for part 6 (Residential buildings—statutory friable asbestos—see the Work Health and Safety Regulation 2011, government certifier, for division 3.2 (Certifiers and government certifiers)—see section 17. handling asbestos—to remove any doubt, handling asbestos (including friable asbestos) includes disturbing the asbestos. information includes documents. insurable residential building, for part 6 (Residential buildings— statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84. insurable residential building work, for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84. land includes— (a) a place under, on or above the ground; and (b) land that is the subject of a public unleased land permit under the Public Unleased Land Act 2013; and (c) land, a building or other structure on land, the use of which is authorised by a licence under the Planning Act 2023, part 10.13 (Licences for unleased land). land sublease—see the Planning Act 2023, dictionary. lease—see the Planning Act 2023, section 257. licensed construction practitioner means an entity licensed under the Construction Occupations (Licensing) Act 2004. licence number—see the Construction Occupations (Licensing) Act 2004, section 23 (1) (c). load includes superimposed load. Ministerial exemption, for part 5A (Regulated swimming pools)— see section 83 (1). occupation class—see the Construction Occupations (Licensing) Act 2004, dictionary. occupier, of premises, for part 5A (Regulated swimming pools)—see owner— (a) of land, means— (i) if the land is held under a lease from the Commonwealth for a term of years—the lessee; or (ii) if the land is subdivided under the Unit Titles Act 2001— (A) if building work has been, is being or is to be carried out on the land for the owners corporation—the owners corporation; or (B) if building work has been, is being or is to be carried out on the land for the proprietor of a unit in a units plan for the land—the proprietor; or (C) in any other case—the owners corporation; or (iii) if the land is occupied under a tenancy from the Territory or the Commonwealth—the occupier; or (iv) if the land is subject to a public unleased land permit under the Public Unleased Land Act 2013—the permit-holder; or (v) if the land is subject to a licence under the Planning Act 2023, part 10.13 (Licences for unleased land)—the licensee; or (vi) if the Territory carries out or proposes to carry out building work on the land—the Territory; or (vii) if the Commonwealth carries out or proposes to carry out building work on the land—the Commonwealth; or (viii) if the land is under a land sublease—the sublessee; and (b) of premises, for part 5A (Regulated swimming pools)—see owner-builder means an entity licensed under the Construction Occupations (Licensing) Act 2004 in the occupation class of owner-builder. parcel, of land, includes land under a land sublease. partial Ministerial exemption, for part 5A (Regulated swimming pools)—see section 83K (1). premises includes land or a structure and any part of an area of land or a structure. prescribed requirements, for division 5.1 (Certificates of occupancy and other certificates)—see section 66. prudential standards, for part 6 (Residential buildings—statutory recognised standard means a document declared to be a recognised standard under section 139A (2). regulated swimming pool—see section 83B (1). related building activity, for part 6A (Residential building disputes)—see section 127A. residential building— (a) for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84; and residential building dispute, for part 6A (Residential building disputes)—see section 127B. residential building matter, for part 6A (Residential building disputes)—see section 127C. residential building work— (a) for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—see section 84; and residential building work contract— (a) for division 6.2A (Standard conditions)—see section 89B; and reviewable decision, for part 9A (Notification and review of decisions)—see section 142A. safety barrier, for a regulated swimming pool, for part 5A (Regulated swimming pools)—see section 83 (1). safety standards, for a regulated swimming pool, for part 5A (Regulated swimming pools)—see section 83A. site work—see section 7A. site work notice, for division 3.3 (Building approvals)—see section 25AA. special actuary, for part 6 (Residential buildings—statutory see section 122. specialist building work—see section 9. stage, of building work, means a stage prescribed under section 43 (1) (a). standing exemption, for part 5A (Regulated swimming pools)—see stop notice—see section 53 (2). storey— (a) means a floor level within a building that— (i) is between 2 other floor levels; or (ii) has a floor level above or below it; but (b) does not include a mezzanine level or a space that contains only 1 or more of the following: (i) a lift shaft, stairway, meter room; (ii) a bathroom, shower room, laundry, toilet or other sanitary compartment; (iii) accommodation intended for up to 3 vehicles; and (c) for part 6 (Residential buildings—statutory warranties, standard conditions, insurance and fidelity certificates)—does not include a storey below the ground storey (see section 84). structure—see section 8. technical building assessor means a person appointed under section 127H to be a technical building assessor. waste management plan, in relation to building work that involves the demolition or alteration of a building, means information that includes— (a) the extent of work to be undertaken; and (b) the nature and amount of waste that will be generated; and (c) the place to which each kind of waste will be taken by the builder, or the builder’s agent, for reuse, recycling or disposal; and (d) any other information prescribed under the regulations. About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Building Act 2004 A2004-11 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) remainder commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) as amended by Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.10 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.10 commenced 1 September 2004 (LA s 79A) Emergencies Act 2004 A2004-28 sch 3 pt 3.1 notified LR 29 June 2004 s 1, s 2 commenced 29 June 2004 (LA s 75 (1)) sch 3 pt 3.1 commenced 1 September 2004 (s 2 (2) and see Building Act 2004 A2004-11, s 2 and Construction Occupations (Licensing) Act