Part 12 Exemption from application of

Part 1.2 Exemption from application of Act item exempt building 1 temporary building 2 bridge that does not encompass or extend a building to which the Act applies 3 dam 4 retaining wall associated with bridge, dam or road 5 stile 6 mesh fence with nominal height of not more than 3m 7 prefabricated bus shelter 8 prefabricated playground equipment 9 road sign or other traffic device or system under AS/NZS 3845 or AS 1742 10 electricity network distribution equipment 11 reservoir, other than— (a) part of an on-site stormwater detention system designed to detain stormwater from building or group of associated buildings before water enters reticulated stormwater drainage network; or (b) a water tank associated with building or group of associated buildings; or (c) a regulated swimming pool 12 aqueduct 13 water or sewage treatment works 14 stormwater outfall Part 1.2 Exemption from application of Act item exempt building 15 pole or mast owned by— (a) the Territory; or (b) the Commonwealth; or (c) a territory authority; or (d) a body established under a Commonwealth law; or (e) the provider of a utility service within the meaning of the Utilities Act 2000, section 6 (Electricity services) if the pole or mast is part of the electricity network (within the meaning of that Act) for the provision of the service; or (f) the owner of a telecommunications network or part of a telecommunications network that is used to supply a standard telephone service within the meaning of the Telecommunications Act 1997 (Cwlth) if the pole or mast is or will be part of the network or part Example—item 2 A pedestrian footbridge provides a link over a road between shopping centres either side of the road. If the bridge only functions as a bridge, it does not encompass or extend the shopping centres. If walls and a roof enclose the bridge so as the centres become contiguous at the bridge rather than the bridge being an intervening link, the bridge extends the shopping centres. item 1 fence or wall with nominal height of up to 1.8m, other than a fence or wall forming integral part of required enclosure for regulated swimming pool item 2 fence or wall with nominal height of up to 2m if any masonry or concrete components (other than cement sheet products) have a nominal height of not more than 1.8m, not including— (a) part of roofed building; or (b) retaining wall; or (c) integral part of required enclosure for regulated swimming pool item 3 fence with nominal height of up to 3m if masonry or concrete components (other than cement sheet products) have nominal height of not more than 1.8m, other than a fence forming integral part of required enclosure for regulated swimming pool fence must comply with— 4 retaining wall up to 1.2m high when measured from any point at top of retaining wall to lowest adjacent ground level item 5 retaining wall up to 1.5m high when measured from any point at top of retaining wall to lowest adjacent ground level retaining wall must comply with— 6 small open building (a) pt 3 (Building work); and item 7 large building (a) pt 3 (Building work), except large building must comply with— 8 enclosed outbuilding (a) pt 3 (Building work); and certificates)) item 9 antenna or aerial assembly— (a) that is a class 10b building; and (b) the height of which measured from highest to lowest part of assembly is not more than 6m (excluding any part of assembly that is in ground or part of another building or used for purpose other than supporting assembly or aerial) item 10 pool that can hold water no deeper than 300mm certificates)) 11 initial assembly of demountable swimming pool, but not use of pool if no certificate for pool issued under Act, part 5 (a) s 42 (1) (e); and (b) s 42 (1) (f); and (c) ss 43, 44, 45 and 46; and (d) s 51, in relation to s 42 (1) (e) and s 42 (1) (f) pool fencing and barriers required by Act to prevent access to water must be in place before the pool is able to hold water item 12 assembling or taking apart reservoir of demountable swimming pool (excluding fencing or barriers required by Act to prevent access to water) Note See the example at the end of this table. pool fencing and barriers required under Act to restrict access of young children to pool and immediate pool surrounds must be in place before the pool is able to hold water 13 demountable swimming pool pt 3 (Building work) demountable swimming pool erected for not more than 3 consecutive days item 14 pool fencing and barriers required under Act to restrict access of young children to pool and immediate pool surrounds pt 3 (Building work) (a) fencing and barriers must comply with building code; and (b) fencing and barriers must be constructed in a proper and skilful way; and (c) fencing and barriers must be inspected and certified as compliant with the Act (other than pt 3) by certifier item 15 internal alteration if— (b) work does not— (i) change classification of (ii) affect exterior; or (iii) affect a heating appliance internal alteration must not cause aspect of building that complies with building code to not comply item 16 external alteration if— (b) work involves— (i) doorway or window opening in class 1, 2 or 10 building with horizontal opening span of not more than 2m; or (ii) altering an energy-consuming appliance or fitting; or (iii) skylight with an area of not more than 4m2 (a) external alteration must comply with— (i) if there is an exempt building code—that code; and (ii) otherwise—the relevant deemed-to-satisfy provision of the building code (b) external alteration must not cause aspect of building that complies with building code to not comply item 17 external alteration if— (b) work involves flue, or duct, outlet with nominal horizontal dimensions not larger than 600mm external alteration must comply with— deemed-to-satisfy provision of the building code item 18 stairs forming part of building or structure mentioned in this schedule 19 external pond that can hold water to a depth of not more than 1.2m pond must not be used for swimming, wading or bathing item 20 letterbox, barbecue, or similar structure, with plan area not larger than 2m2 if height measured from highest point on structure to ground is not more than 1.8m (excluding any part in ground) 21 water tank with capacity not more than 20kL if height measured from highest point on structure to ground is not more than 2.4m (excluding any part in ground) item 22 amusement ride or device to which AS 3533 applies if erected for no more than 2 months (a) design, construction and use must be consistent with AS 3533; and (b) the ride or device must be demolished or removed within 2 months after erected 23 class 6, class 7 or class 10a building or portable building or structure, including tent, marquee, stall or booth, if erected for no more than 2 months (a) design, construction and use must be consistent with AS 3533; and (b) building or structure must be demolished or removed within 2 months after erected item 24 photovoltaic panel, or solar water heater, installed on class 1 or class 10a building 25 air-conditioning unit for class 1 or class 10a building, that is not main source of ventilation for room or building where installed item 26 handling or removing material to sample for asbestos (a) no dimension of the material is more than 100mm; and (b) handling, removing or sampling material must be in accordance with any code approved under the Work Health and Safety Act 2011 relating to asbestos 27 building in district of Symonston, section 97, block 8 (a) s 12 (Exempt buildings); and (b) s 76 (Occupation and use of buildings) the construction occupations registrar— (1) has issued a written statement— (a) attaching a plan showing the location and footprint of the building; and (b) stating that the registrar is satisfied that the building— (i) is fit for occupation as a non-standard building if used only for a stated purpose; and (ii) is structurally sound and can withstand loadings likely to arise from its use as a non-standard building; and (iii) contains reasonable provision for the safety of people likely to be in the item building if there is a fire, including— (A) adequate facilities for leaving the building; and (B) the prevention and suppression of fire; and (C) the prevention of the spread of fire; and (c) stating that the registrar may withdraw the statement; and (2) has not withdrawn the statement and notified the occupier in writing of the withdrawal item 28 handling bonded asbestos or an equivalent sheet material that does not contain asbestos if the work involves asbestos—the work complies with asbestos handling requirements of the Work Health and Safety Act 2011 Example—item 12 A certificate of occupancy is issued for a demountable swimming pool, including its required pool fencing. Doing any building work in relation to modifying the pool fence is not exempt from the application of the Act. However, the pool reservoir may be taken apart and packed away for winter, and assembled each summer, in accordance with this section, provided the re-erected pool reservoir and its fencing continue to comply with the pre-requisites to the certificate of occupancy being granted in respect of it. A substitute reservoir may also be erected to replace the original approved reservoir, if its arrangement and dimensions comply with this item. Referral of building approval applications Schedule 2 Interpretation—sch 2 Part 2.1 Section 2.1