Sch 4Reviewable decisions

Schedule 4 Reviewable decisions (see pt 5A) item 1 decision under the Act, s 19D (2) (a) to refuse to approve a certifier’s resignation entity appointed as certifier 2 decision under the Act, s 20 (4) to refuse to appoint a government certifier for appointment of a government certifier 3 decision under the Act, s 36 (2) to refuse to extend or further extend a period government certifier applicant for extension 4 decision under the Act, s 53 to issue a stop notice in relation to building work being, or to be, carried out occupations registrar, building inspector or government certifier entity carrying out 5 decision under the Act, s 58 (2) or (4) to issue a notice entity required by notice to carry out stated building work 6 decision under the Act, s 62 (1) to issue a notice entity required by notice to carry out stated building work 7 a decision under the Act, s 69 to refuse to issue a certificate of occupancy 8 a decision under the Act, s 71 to refuse to issue a certificate for building work involving demolition Schedule 4 Reviewable decisions item 9 a decision under the Act, s 72 to refuse to issue a certificate involving erection of a structure 10 a decision under the Act, s 75 (1) to refuse to issue a certificate of regularisation 11 a decision under the Act, s 77 (3) to refuse to give an 12 a decision under the Act, s 83D (2) to refuse to exempt regulated swimming pool from safety standards 13 a decision under the Act, s 83D (3) to exempt regulated swimming pool from safety standards subject to conditions 14 a decision under the Act, s 83E (4) to vary exemption of regulated swimming pool from safety standards 15 a decision under the Act, s 83F (1) (a), (b) or (c) to revoke exemption of regulated swimming pool from safety standards 16 a decision under the Act, s 86 (1) (b) (ii) to work out the cost of building work the builder Reviewable decisions Schedule 4 item 17 a decision under the Act, s 90 (1) (j) to refuse to give an approval for the form of the insurance policy the applicant for 18 a decision under s 20 to give advice that does not support proposed building work the entity giving the advice applicant for advice 19 a decision under s 20 to give advice that supports proposed building work, subject to compliance with stated conditions the entity giving the advice applicant for advice (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • AS (see s 164 (1)) • AS/NZS (see s 164 (2)) • chief planner • commissioner for fair trading • construction occupations registrar • director-general (see s 163) • emergency services commissioner • entity • land titles register • may (see s 146) • national capital plan • person (see s 160) • territory plan • under. Note 3 Terms used in this regulation have the same meaning that they have in the Building Act 2004 (see Legislation Act, s 148). For example, the following terms are defined in the Building Act 2004, dict: • alteration • asbestos • asbestos removal control plan • building approval • building code (see s 136 (1)) • building work • certificate of regularisation (see s 75 (1)) • certifier • class • completion day • development approval • dwelling • easement • exempt building (see s 12) • friable asbestos • land • land sublease • owner • owner-builder • parcel (of land) • regulated swimming pool (see s 83B) • residential building work • residential building work contract • structure (see s 8) • waste management plan. affected building—see the Dangerous Substances Act 2004, section 47I. affected residential premises—see the Dangerous Substances Act 2004, section 47I. AS 1100 means AS 1100 (which is about technical drawing) as in force from time to time, and includes AS/NZS 1100.501. Note Australian standards may be purchased at www.standards.org.au. AS 1742, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1. AS 3533, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1. AS/NZS 3845, for schedule 1 (Exempt buildings and building bonded asbestos means asbestos in a form where the asbestos fibres are held within another material (for example, cement) but does not include friable asbestos. defect tolerance, for schedule 3 (Fundamentally noncompliant building work)—see schedule 3, section 3.1. demountable swimming pool, for schedule 1 (Exempt buildings and building works)—see schedule 1, section 1.1. deposited plan—see the Districts Act 2002, section 7. easement, for schedule 2 (Referral of building approval enclosed outbuilding, for schedule 1 (Exempt buildings and building exempt building code, for schedule 1 (Exempt buildings and building heating appliance, for schedule 1 (Exempt buildings and building large building, for schedule 1 (Exempt buildings and building licensed utility service, for schedule 2 (Referral of building approval nominal height, for schedule 1 (Exempt buildings and building outbuilding, for schedule 1 (Exempt buildings and building works)— see schedule 1, section 1.1. proposed building work, for division 3.2 (Building approvals)—see section 9. proposed easement, for schedule 2 (Referral of building approval regulated utility service, for schedule 2 (Referral of building approval small open building, for schedule 1 (Exempt buildings and building solar water heater, for schedule 1 (Exempt buildings and building stormwater system means a system of pipes, gutters, drains, floodways and channels designed to collect or carry stormwater in or through an urban area, other than for a single parcel of land. supplied, for schedule 2 (Referral of building approval technical regulator, for schedule 2 (Referral of building approval temporary building, for schedule 1 (Exempt buildings and building tolerances guide, for schedule 3 (Fundamentally noncompliant building work)—see schedule 3, section 3.1. utility infrastructure access or protection space, for schedule 2 (Referral of building approval applications)—see schedule 2, section 2.1. utility service—see the Utilities Act 2000, dictionary. water main means a conduit or pipeline— (a) owned, controlled or maintained by a utility service; and (b) designed to carry drinking water supplied by the service. 1 About the endnotes 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 (General) Regulation 2008 SL2008-3 notified LR 3 March 2008 s 1, s 2 commenced 3 March 2008 (LA s 75 (1)) remainder commenced 31 March 2008 (s 2 and see Building Legislation Amendment Act 2007 A2007-26, s 2, Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) as amended by ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.8 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.8 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.10 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.10 commenced 22 September 2009 (s 2) Building Legislation Amendment Regulation 2010 (No 1) SL2010-15 pt 2 notified LR 3 May 2010 s 1, s 2 commenced 3 May 2010 (LA s 75 (1)) pt 2 commenced 4 May 2010 (s 2) Building Legislation Amendment Regulation 2010 (No 2) SL2010-21 pt 2 notified LR 31 May 2010 s 1, s 2 commenced 31 May 2010 (LA s 75 (1)) pt 2 commenced 1 June 2010 (s 2) Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.3 notified LR 8 November 2010 s 1, s 2 commenced 8 November 2010 (LA s 75 (1)) sch 1 pt 1.3 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14) Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.6 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 3 pt 3.6 commenced 1 March 2011 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.19 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.19 commenced 1 July 2011 (s 2 (1)) Constructions Occupations Legislation (Exemption Assessment) Amendment Regulation 2011 (No 1) SL2011-21 pt 2 notified LR 7 July 2011 s 1, s 2 commenced 7 July 2011 (LA s 75 (1)) pt 2 commenced 8 July 2011 (s 2 and see Construction Occupations Legislation (Exemption Assessment) Amendment Act 2010 A2010-24, s 2) Planning and Building Legislation Amendment Act 2011 (No 2) A2011-54 pt 3 notified LR 13 December 2011 s 1, s 2 commenced 13 December 2011 (LA s 75 (1)) pt 3 commenced 1 July 2012 (s 2 and CN2012-11) Act 2012 A2012-23 pt 3 notified LR 28 May 2012 s 1, s 2 commenced 28 May 2012 (LA s 75 (1)) pt 3 commenced 29 May 2012 (s 2) Building (General) Amendment Regulation 2012 (No 1) SL2012-26 notified LR 28 June 2012 s 1, s 2 commenced 28 June 2012 (LA s 75 (1)) remainder commenced 1 July 2012 (s 2 and see Planning and Building Legislation Amendment Act 2011 (No 2) A2011-54, s 2 and CN2012-11) Building (General) Amendment Regulation 2012 (No 2) SL2012-33 notified LR 12 July 2012 s 1, s 2 commenced 12 July 2012 (LA s 75 (1)) remainder commenced 13 July 2012 (s 2) Building (General) Amendment Regulation 2013 (No 1) SL2013-6 notified LR 25 March 2013 s 1, s 2 commenced 25 March 2013 (LA s 75 (1)) remainder commenced 26 March 2013 (s 2) Act 2013 A2013-15 pt 3 notified LR 21 May 2013 s 1, s 2 commenced 21 May 2013 (LA s 75 (1)) pt 3 commenced 22 May 2013 (s 2) Statute Law Amendment Act 2013 A2013-19 sch 3 pt 3.5 notified LR 24 May 2013 s 1, s 2 commenced 24 May 2013 (LA s 75 (1)) sch 3 pt 3.5 commenced 14 June 2013 (s 2) Construction and Energy Efficiency Legislation Amendment Act 2013 A2013-31 pt 5 notified LR 26 August 2013 s 1, s 2 commenced 26 August 2013 (LA s 75 (1)) s 26 commenced 27 August 2013 (s 2 (3)) pt 5 remainder commenced 1 September 2013 (s 2 (1)) Act 2014 A2014-23 pt 3 notified LR 26 May 2014 s 1, s 2 commenced 26 May 2014 (LA s 75 (1)) pt 3 commenced 27 May 2014 (s 2) Act 2014 (No 2) A2014-45 pt 3 notified LR 5 November 2014 s 1, s 2 commenced 5 November 2014 (LA s 75 (1)) pt 3 commenced 6 November 2014 (s 2) Dangerous Substances (Asbestos Safety Reform) Legislation Amendment Act 2014 A2014-53 pt 3 notified LR 3 December 2014 s 1, s 2 commenced 3 December 2014 (LA s 75 (1)) pt 3 commenced 1 January 2015 (s 2) Utilities (Technical Regulation) Act 2014 A2014-60 sch 2 pt 2.1 notified LR 8 December 2014 s 1, s 2 commenced 8 December 2014 (LA s 75 (1)) sch 2 pt 2.1 commenced 1 March 2015 (s 2 and CN2015-1) Building (General) Legislation Amendment Regulation 2015 (No 1) SL2015-14 pt 2 notified LR 4 May 2015 s 1, s 2 commenced 4 May 2015 (LA s 75 (1)) s 9, s 10 commenced 5 May 2015 (s 2 (2) (a)) pt 2 remainder commenced 5 May 2015 (s 2 (1)) Building (General) Amendment Regulation 2015 (No 1) SL2015-17 notified LR 14 May 2015 s 1, s 2 commenced 14 May 2015 (LA s 75 (1)) s 5 commenced 1 February 2016 (s 2 (2) and see Dangerous Substances (General) Amendment Regulation 2015 (No 2) SL2015-13 s 2) remainder commenced 15 May 2015 (s 2 (1) and see Dangerous Substances (General) Amendment Regulation 2015 (No 1) SL2015-10 s 2) Planning, Building and Environment Legislation Amendment Act