Building Amendment (Fees and Other Matters) Regulations 2014

S.R. No. 104/2014

table of provisions

RegulationPage

RegulationPage

1Objective

2Authorising provisions

3Principal Regulations

4Regulation 101(h) revoked

5Application fee for certificate of consent

6Requirements for permits involving bushfire safety matters

7Maximum fees for report and consent

8Lodgement fees

320Lodgement Fees

9Fees for requests for information

10Water supply for fire fighting purposes

11Access for emergency vehicles

12Part 13 revoked

13Accreditation fees

14Duplicate certificate fee

15Building Appeals Board fees

16Additional fees

17Exemption from required insurance for builder

18Exemptions for buildings and building work

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ENDNOTES

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S.R. No. 104/2014

Building Amendment (Fees and Other Matters) Regulations 2014

statutory rules 2014

S.R. No. 104/2014

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Building Amendment (Fees and Other Matters) Regulations 2014

Building Act 1993

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S.R. No. 104/2014

Building Amendment (Fees and Other Matters) Regulations 2014

Building Amendment (Fees and Other Matters) Regulations 2014

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S.R. No. 104/2014

Building Amendment (Fees and Other Matters) Regulations 2014

The Governor in Council makes the following Regulations:

Dated: 22 July 2014

Responsible Minister:

MATTHEW GUY

Minister for Planning

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Building Regulations 2006—

(a)to increase and convert certain fees payable under the Building Act 1993 from monetary amounts to fee units to enable the automatic indexation of those fees under the Monetary Units Act 2004; and

(b)to remove certain redundant provisions; and

(c)to make other miscellaneous amendments.

2Authorising provisions

These Regulations are made under sections 7, 9, 261 and 262 of, and Schedule 1 to, the Building Act 1993.

3Principal Regulations

In these Regulations, the Building Regulations 2006[1] are called the Principal Regulations.

r. 3

4Regulation 101(h) revoked

Regulation 101(h) of the Principal Regulations is revoked.

5Application fee for certificate of consent

In regulation 202 of the Principal Regulations,for "$89.46"substitute"6·90 fee units".

6Requirements for permits involving bushfire safety matters

In regulation 309A(1)(b) of the Principal Regulations, for "Wildfire"substitute"Bushfire".

7Maximum fees for report and consent

(1)In regulation 312(1) of the Principal Regulations, for"$59.62"substitute"4·60 fee units".

(2)In regulation 312(2) of the Principal Regulations, for "$238.75"substitute"18·43 fee units".

(3)In regulation 312(3) of the Principal Regulations, for "$59.62"substitute "4·60 fee units".

8Lodgement fees

For regulation 320 of the Principal Regulations substitute—

"320 Lodgement Fees

For the purposes of section 30(2) of the Act and clause 1(d) of Schedule 2 to the Act, the prescribed lodgement fee for lodging documents in relation to a building permit for building work with a cost of $5000 or more is 2·75 fee units.".

9Fees for requests for information

r. 9

In regulation 327 of the Principal Regulations, for "$47.60"substitute"3·67 fee units".

10Water supply for fire fighting purposes

In regulation 808(1)(b) of the Principal Regulations, for "Wildfire"substitute"Bushfire".

11Access for emergency vehicles

In regulation 809(1)(b) of the Principal Regulations, for "Wildfire"substitute"Bushfire".

12Part 13 revoked

Part 13 of the Principal Regulations is revoked.

13Accreditation fees

In regulation 1405(1) of the Principal Regulations, for "$1791.00"substitute"138·31 fee units".

14Duplicate certificate fee

In regulation 1508 of the Principal Regulations, for "$35.72"substitute"2·75 fee units".

15Building Appeals Board fees

In regulation 1602 of the Principal Regulations—

(a)inparagraph (a)(i), for "$298.37"substitute"23·04 fee units";

(b)in paragraph (a)(ii), for "$596.97"substitute"46·10 fee units";

(c)in paragraph (b)(i), for "$179.07"substitute"13·82 fee units";

(d)in paragraph (b)(ii), for "$298.37"substitute "23·04 fee units";

(e)in paragraph (c)(i), for "$298.37"substitute "23·04 fee units";

(f)in paragraph (c)(ii), for "$596.97"substitute"46·10 fee units";

(g)in paragraph (f), for "$477.67"substitute"36·88 fee units";

(h)in paragraph (g)(i), for "$107.43"substitute "8·29 fee units";

(i) in paragraph (g)(ii), for "$238.75"substitute"18·43 fee units";

(j)in paragraph (h), for "$238.75"substitute"18·43 fee units";

(k)in paragraph (i), for "$542.44"substitute"41·89 fee units".

16Additional fees

r. 16

In regulation 1603(a) and (b) of the Principal Regulations, for "$191.06"substitute"14·75 fee units".

17Exemption from required insurance for builder

In regulation 1808(3) of the Principal Regulations, for "4 May 2005 and published in Special Government Gazette No. S 91 on 12 May 2005 and taking effect on 14 June 2005"substitute"27May 2014 and published in General Government Gazette No. G 22 on 29 May 2014 and taking effect on 30 June 2014".

18Exemptions for buildings and building work

In item 9 of the Table in Schedule 8 to the Principal Regulations, for all words and expressions in Column 2 substitute—

"A relocatable swimming pool that is erected temporarily in an area enclosed by an approved barrier.

Note

This exemption applies only to the relocatable swimming pool and not to the barrier.".

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ENDNOTES

Endnotes

1

[1] Reg. 3:S.R. No. 68/2006. Reprint No. 2 as at 25 October 2011. Reprinted to S.R. No. 92/2011. Subsequently amended by S.R. Nos73/2011, 63/2012, 80/2013, 97/2013, 161/2013, 37/2014 and 51/2014.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document
Regulation 6 which amends regulation 309A(1)(b) of the Building Regulations 2006 / The following planning schemes made under the Planning and Environment Act 1987—
  • Alpine Planning Scheme
  • Baw Baw Planning Scheme
  • Cardinia Planning Scheme
  • Casey Planning Scheme
  • Greater Bendigo Planning Scheme
  • Horsham Planning Scheme
  • Latrobe Planning Scheme
  • Mitchell Planning Scheme
  • Mount Alexander Planning Scheme
/ Clause 44.06 Bushfire Management Overlay
Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document
  • Murrindindi Planning Scheme
  • Nillumbik Planning Scheme
  • South Gippsland Planning Scheme
  • Wellington Planning Scheme
  • Whittlesea Planning Scheme
  • Yarra Ranges Planning Scheme

Regulation 10 which amends regulation 808(1)(b) of the Building Regulations 2006 / The following planning schemes made under the Planning and Environment Act 1987—
  • Alpine Planning Scheme
  • Baw Baw Planning Scheme
  • Cardinia Planning Scheme
  • Casey Planning Scheme
  • Greater Bendigo Planning Scheme
  • Horsham Planning Scheme
  • Latrobe Planning Scheme
  • Mitchell Planning Scheme
/ Clause 44.06 Bushfire Management Overlay
Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document
  • Mount Alexander Planning Scheme
  • Murrindindi Planning Scheme
  • Nillumbik Planning Scheme
  • South Gippsland Planning Scheme
  • Wellington Planning Scheme
  • Whittlesea Planning Scheme
  • Yarra Ranges Planning Scheme

Regulation 11 which amends regulation 809(1)(b) of the Building Regulations 2006 / The following planning schemes made under the Planning and Environment Act 1987—
  • Alpine Planning Scheme
  • Baw Baw Planning Scheme
  • Cardinia Planning Scheme
  • Casey Planning Scheme
  • Greater Bendigo Planning Scheme
  • Horsham Planning Scheme
  • Latrobe Planning Scheme
/ Clause 44.06 Bushfire Management Overlay
Statutory rule provision / Title of applied, adopted or incorporated document / Matter in applied, adopted or incorporated document
  • Latrobe Planning Scheme
  • Mitchell Planning Scheme
  • Mount Alexander Planning Scheme
  • Murrindindi Planning Scheme
  • Nillumbik Planning Scheme
  • South Gippsland Planning Scheme
  • Wellington Planning Scheme
  • Whittlesea Planning Scheme
  • Yarra Ranges Planning Scheme

Regulation 17 which amends regulation 1808(3) of the Building Regulations 2006 / Building Practitioners' Insurance Ministerial Order made under section 135 of the Building Act 1993 on 27 May 2014 and published in General Government Gazette No. G 22 on 29 May 2014 / The whole