2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Chief Minister)
Building (Loose-fill Asbestos Eradication) Legislation Amendment Bill 2015

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Building Act 2004
	4	Notification by certifier of contraventions of building and development approvals—building work
Section 50 (1) (a)	3
	5	Part 4 heading	3
	6	Section 52	3
	7	Preconditions for s 62 notice
New section 61 (ca)	4
	8	New sections 63A to 63E	4
	9	Inspection of building work where no approval
Section 131 (1) (b)	11
	10	Power to authorise required work
Section 133	11
	11	Recovery of costs of work carried out by inspector
Section 147	11
	12	Dictionary, new definitions	11
	13	Dictionary, definition of easement	12
Part 3	Building and Construction Industry Training Levy Act 1999
	14	Assessment of value of work
Section 19 (1) (a)	13
	15	New section 19 (3)	13
Part 4	Building (General) Regulation 2008
	16	New division 3.6	14
	17	New schedule 2A	17
Part 5	Dangerous Substances (General) Regulation 2004
	18	Definitions—pt 3.5
Section 338, new definition of licensed asbestos removalist	18
	19	Asbestos contamination report—owner and occupier responsibilities
Section 342 (1) (b)	18
	20	Section 344 heading	18
	21	Section 344	18
	22	Dictionary, new definition of licensed asbestos removalist	19
Part 6	Land Rent Act 2008
	23	Application of Act
Section 5 (2), new note	20
	24	Application to pay land rent
Section 7 (1), new note	20
	25	Section 7 (3), new note	20
	26	Section 7 (4)	20
	27	Section 7 (5), definition of single dwelling house lease	20
	28	New section 7A	21
	29	Discount—eligibility
New section 11 (1A)	23
	30	Section 11 (2), new definition of former owner	23
	31	Transfer of post-1 October 2013 lease
Section 16C (2) (a)	23
	32	Regulation-making power
Section 35 (2)	24
	33	Dictionary, definition of land rent lease	24
	34	Dictionary, new definitions	24
Part 7	Land Rent Regulation 2008
	35	New section 4	25
Part 8	Planning and Development Act 2007
	36	Development proposals in impact track because of need for EIS
Schedule 4, part 4.3, item 6	26
	37	Dictionary, new definitions	26

2015
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Chief Minister)
Building (Loose-fill Asbestos Eradication) Legislation Amendment Bill 2015

A Bill for
An Act to amend legislation about loose-fill asbestos insulation, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Building (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015.
2	Commencement
	(1)	This Act (other than part 4) commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
	(2)	Part 4 commences on the commencement of the Dangerous Substances (General) Amendment Regulation 2015 (No 2), section 5.
3	Legislation amended
This Act amends the following legislation:
·	Building Act 2004
·	Building and Construction Industry Training Levy Act 1999
·	Building (General) Regulation 2008
·	Dangerous Substances (General) Regulation 2004
·	Land Rent Act 2008
·	Land Rent Regulation 2008
·	Planning and Development Act 2007.

Part 2	Building Act 2004
4	Notification by certifier of contraventions of building and development approvals—building work
Section 50 (1) (a)
omit
part 4 (Stop and demolition notices)
substitute
part 4 (Stop and other notices and demolition orders)
5	Part 4 heading
substitute
Part 4	Stop and other notices and demolition orders
6	Section 52
substitute
52	Definitions—pt 4
In this part:
custodian—see the Planning and Development Act 2007, section 333.
easement includes an area of land identified as an easement for electricity, telecommunication, water, drainage and sewerage services in, on or over the land on—
	(a)	a certificate of title; or
	(b)	a deposited plan under the Districts Act 2002.
7	Preconditions for s 62 notice
New section 61 (ca)
insert
	(ca)	demolition of a building, in relation to which a demolition order has been issued under section 63A (Demolition orders—building containing loose-fill asbestos insulation) has been carried out otherwise than in accordance with the order; 
8	New sections 63A to 63E
insert
63A	Demolition orders—building containing loose-fill asbestos insulation
	(1)	This section applies to a building that—
	(a)	is listed on the affected residential premises register; and
	(b)	is—
	(i)	vested in, or subject to the control of, the Territory; or
	(ii)	acquired by the Territory under the buyback scheme.
	(2)	The custodian of the land on which the building is located may apply to the construction occupations registrar for an order (a demolition order) to demolish the building.
Note	If a form is approved under s 151 for this provision, the form must be used.
	(3)	Before applying to the construction occupations registrar for a demolition order, the custodian of the land on which the building is located must consult with the relevant directors-general in relation to—
	(a)	the asbestos removal control plan; and
	(b)	the waste management plan.
	(4)	An application must be accompanied by—
	(a)	details of the methods to be used in carrying out the demolition, including a work plan in accordance with AS 2601 (The demolition of structures), as in force from time to time; and
	(b)	the plans for the demolition, prepared in accordance with the prescribed requirements; and 
	(c)	a copy of the asbestos assessment report for premises to which the demolition relates; and
	(d)	the asbestos removal control plan; and
	(e)	the waste management plan; and
	(f)	if a regulation prescribes that an entity’s advice on the application must be sought—the entity’s advice.
	(5)	The construction occupations registrar may issue a demolition order for demolition of the building if satisfied on reasonable grounds that—
	(a)	the consultation required under subsection (3) has happened; and
	(b)	a building approval is not necessary.
Example—building approval is necessary
The demolition of half a duplex has complex safety issues. The construction occupations registrar is not satisfied that the demolition can be carried out safely without inspection and certification by a certifier.  As the registrar is not satisfied that a building approval is necessary, the registrar may not issue a demolition notice.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	The construction occupations registrar may be satisfied on reasonable grounds that the consultation required under subsection (3) has happened if—
	(a)	a copy of the asbestos removal control plan and the waste management plan is given to the relevant directors-general; and
	(b)	10 working days have elapsed after the day the copy was given.
	(7)	A demolition order is in force for 2 years after the day the order is issued. 
	(8)	The Legislation Act, section 47 (6) does not apply in relation to an Australian Standard, or an Australian/New Zealand Standard, applied, adopted or incorporated as in force from time to time under this section.
Note	The standard may be purchased at www.standards.org.au.
	(9)	In this section:
affected residential premises register—see the Dangerous Substances Act 2004, section 47N (1).
buyback scheme—see the Dangerous Substances Act 2004, section 47N (6).
relevant directors-general means the following:
	(a)	the director-general of the administrative unit responsible for municipal services;
	(b)	the director-general of the administrative unit responsible for the Dangerous Substances Act 2004;
	(c)	the director-general of the administrative unit responsible for the Work Health and Safety Act 2011.
63B	When demolition orders not to be issued—advice on referral
	(1)	This section applies to an application to the construction occupations registrar for a demolition order if—
	(a)	a regulation requires the advice of an entity to be sought on the application; and
	(b)	the entity’s advice has been given as prescribed by regulation. 
	(2)	The construction occupations registrar must not issue the demolition order unless satisfied on reasonable grounds that—
	(a)	issuing the demolition order would be consistent with the entity’s advice; or
	(b)	the advice is not advice that the entity is authorised by regulation to give.
	(3)	If an entity’s advice must be sought on an application to the construction occupations registrar for a demolition order, a regulation may prescribe the following:
	(a)	the advice the entity may give;
	(b)	when the advice of the entity must be given;
	(c)	anything else in relation to the advice.
63C	Requirement to give advice in relation to proposed demolition
	(1)	This section applies if—
	(a)	an entity’s advice on an application for a demolition order has been sought as prescribed by regulation; and
Note	See s 63B (3) (When demolition orders not to be issued—advice on referral).
	(b)	the entity—
	(i)	has given advice on the application; or
	(ii)	has not given advice within the time prescribed for giving the advice; and
	(c)	the construction occupations registrar has issued the demolition order; and
	(d)	the plans for the demolition are substantially consistent with the advice.
	(2)	For this section, if an entity fails to give advice sought within the time prescribed by regulation in relation to the application for a demolition order referred to the entity, the entity is taken to have given advice that the entity supports the application.
	(3)	The entity must not act inconsistently with the advice in relation to the application for the demolition order unless—
	(a)	further information in relation to the demolition proposed in the application comes to the entity’s attention (other than information mentioned in subsection (4)); and
	(b)	the entity did not have the further information when the entity gave the advice; and
	(c)	the further information is relevant to the advice the entity gave; and
	(d)	the entity would have given different advice if the entity had the further information before giving the advice.
	(4)	Subsection (3) (a) does not apply to further information in relation to the demolition proposed in the application for the demolition order if the information—
	(a)	was not required in the application; and
	(b)	is required by the entity after the demolition order is made; and
	(c)	is consistent in all significant respects with information already provided by the applicant, except that it is more detailed.
	(5)	For this section, an entity acts inconsistently with advice in relation to an application for a demolition order if—
	(a)	the advice is that the entity will issue or give an approval or other thing in relation to the demolition order; and
	(b)	the demolition order is made; and
	(c)	the entity—
	(i)	does not issue or give the approval or other thing consistent with the advice; or
	(ii)	issues or gives the approval or other thing in a way, or subject to a condition, that prevents the applicant carrying out the demolition under the demolition order.
	(6)	Also for this section, an entity acts inconsistently with advice in relation to an application for a demolition order if—
	(a)	the advice is that an activity to which the application relates does not require a particular authorisation (however described); and
	(b)	the entity prosecutes someone, or takes other compliance action, in relation to the activity because the activity is carried out without the particular authorisation.
	(7)	Also for this section, an entity acts inconsistently with advice in relation to an application for a demolition order if the entity—
	(a)	refuses to do something required to be done by the entity to allow the applicant to carry out the demolition under the demolition order; or
	(b)	does something in a way, or subject to a condition, that prevents the applicant from carrying out the demolition under the demolition order.
63D	Demolition orders—application of pt 3
Part 3 (Building work), other than section 42 (1) (c), section 42 (1) (e) (ii) and section 42 (2), does not apply to the demolition of a building if—
	(a)	the construction occupations registrar has issued a demolition order to demolish the building; and
	(b)	the order is in force; and
	(c)	the demolition is carried out in accordance with the demolition order.
63E	Completion of demolition work—building containing loose-fill asbestos insulation
	(1)	This section applies if a building the subject of a demolition order has been demolished.
	(2)	The custodian of the land on which the building was located may apply to the construction occupations registrar for a certificate to the effect that the demolition has been carried out in accordance with the demolition order (a demolition certificate).
	(3)	The construction occupations registrar may, by written notice, ask the custodian of the land on which the building was located, for further information in relation to the demolition. 
	(4)	The construction occupations registrar must issue a demolition certificate if the construction occupations registrar is satisfied that—
	(a)	any further information required under subsection (3) has been provided; and
	(b)	the demolition has been carried out in accordance with the demolition order.
9	Inspection of building work where no approval
Section 131 (1) (b)
omit
part 4 (Stop and demolition notices)
substitute
part 4 (Stop and other notices and demolition orders)
10	Power to authorise required work
Section 133
omit
part 4 (Stop and demolition notices)
substitute
part 4 (Stop and other notices and demolition orders)
11	Recovery of costs of work carried out by inspector
Section 147
omit
part 4 (Stop and demolition notices)
substitute
part 4 (Stop and other notices and demolition orders)
12	Dictionary, new definitions
insert
custodian, for part 4 (Stop and other notices and demolition orders)—see section 52.
demolition order—see section 63A (2).
13	Dictionary, definition of easement
omit
part 4 (Stop and demolition notices)
substitute
part 4 (Stop and other notices and demolition orders)

Part 3	Building and Construction Industry Training Levy Act 1999
14	Assessment of value of work
Section 19 (1) (a)
substitute
	(a)	if the work is building work under a demolition order—the value agreed by the authority and the project owner or, if they disagree, the value assessed by a qualified valuer agreed by the authority and the owner; or
	(aa)	if the work is building work to which paragraph (a) does not apply—the value used to work out the fee payable under the Building Act in relation to the issue of the building approval for the work; or
15	New section 19 (3)
insert
	(3)	In this section:
demolition order means a demolition order under the Building Act 2004, section 63A (Demolition orders—building containing loose‑fill asbestos insulation).

Part 4	Building (General) Regulation 2008
16	New division 3.6
insert
Division 3.6	Demolition orders
36A	General requirements for plans—Act, s 63A
	(1)	This section applies to plans accompanying an application for a demolition order to demolish a building.
	(2)	The plans must—
	(a)	be drawn in accordance with AS 1100, unless the plans were drawn before the standard commenced; and
Note	The standard may be purchased at www.standards.org.au.
	(b)	show any area covered by the plans that is marked on a certificate of title or deposited plan as an easement; and
	(c)	if the demolition will require the disconnection of a pipe to the sewerage system—show any point of disconnection of the pipe to the sewerage system; and
	(d)	if the demolition will require the disconnection of a pipe to a water main—show any point of disconnection of the pipe to the water main; and
	(e)	if the demolition will require the disconnection of a pipe to a stormwater drain—show any point of disconnection of the pipe to the stormwater system; and
	(f)	if the demolition will, when finished, alter the surface stormwater drainage on the parcel of land where the work is to be done—show the proposed surface stormwater drainage on the parcel at the completion of the work; and
	(g)	for the parcel of land where the demolition is to be done—include a site plan on a scale of not less than 1:200 showing—
	(i)	the block and section number of the land (or for land under a land sublease, the sublease plan number); and
	(ii)	the boundaries and dimensions of the land.
	(3)	In this section:
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.
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.
36B	Applications for demolition orders to be referred—Act, s 63A (4)
	(1)	This section applies if the custodian of the land on which a building is located intends to apply to the construction occupations registrar for a demolition order for demolition of the building.
	(2)	Before making the application, the custodian must refer the application to an entity mentioned in an item in schedule 2A if the demolition involves something prescribed in schedule 2A in relation to the entity.
	(3)	A referral under subsection (2) must be accompanied by a copy of the documents mentioned in the Act, section 63A (4) (a) to (e).
36C	Applications for demolition orders—requirement to give advice—Act, s 63B
	(1)	This section applies if an application for a demolition order is referred to an entity for advice.
Note	An application may be required to be referred to an entity under s 36B.
	(2)	The entity must give advice in relation to the application not later than 15 working days after the day the application is given to the entity.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(3)	The advice—
	(a)	must be in writing; and
	(b)	must relate to the entity’s area of authority; and
	(c)	must state whether the entity supports or opposes the application; and
	(d)	if the entity supports the application—may include conditions to which the support is subject; and
	(e)	if the entity opposes the application—must state the reasons for opposing the application.
	(4)	If the advice includes a condition, the condition must not require the demolition to be carried out in a way that is inconsistent with, or more burdensome than, the Act.
	(5)	For this section, advice relates to an entity’s area of authority if the entity has authority under a legislative provision for the area.
17	New schedule 2A
insert
Schedule 2A	Referral of demolition order applications to particular entities
(see s 36B)

column 1
item	column 2
building work involved	column 3
entity to which building approval application is referred	
1 	demolition of building to which water or sewerage services supplied or water meter connected	the utility that provides the water or sewerage service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014	
2 	demolition of building to which electricity services supplied or electricity meter connected	the utility that provides the electricity service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014	
3 	demolition of building to which gas services supplied or gas meter connected	the utility that provides the gas service under the Utilities Act 2000 or the Utilities (Technical Regulation) Act 2014	

Part 5	Dangerous Substances (General) Regulation 2004
18	Definitions—pt 3.5
Section 338, new definition of licensed asbestos removalist
insert
licensed asbestos removalist—see the Work Health and Safety Regulation 2011, dictionary.
19	Asbestos contamination report—owner and occupier responsibilities
Section 342 (1) (b)
omit
licensed asbestos removal worker
substitute
licensed asbestos removalist
20	Section 344 heading
substitute
344	Asbestos removalist must give copy of work report to regulator and owner
21	Section 344
omit
licensed asbestos removal worker
substitute
licensed asbestos removalist
22	Dictionary, new definition of licensed asbestos removalist
insert
licensed asbestos removalist, for part 3.5 (Asbestos management—residential premises)—see the Work Health and Safety Regulation 2011, dictionary.

Part 6	Land Rent Act 2008
23	Application of Act
Section 5 (2), new note
insert
Note	Single dwelling house lease—see the dictionary.
24	Application to pay land rent
Section 7 (1), new note
insert
Note	Single dwelling house lease—see the dictionary.
25	Section 7 (3), new note
insert
Note 3	Land rent lease—see the dictionary.
26	Section 7 (4)
omit
27	Section 7 (5), definition of single dwelling house lease
omit
28	New section 7A
insert
7A	Grant of land rent lease—former owner
	(1)	This section applies if the planning and land authority offers a lease of a parcel of land by direct sale to an eligible former owner of the parcel of land.
Note 1	The planning and land authority may grant a lease under the Planning and Development Act 2007, s 238.
Note 2	Single dwelling house lease—see the dictionary.
	(2)	The eligible former owner may apply to the planning and land authority to pay land rent for the lease.
Note	If a form is approved under the Planning and Development Act 2007, s 425 for this provision, the form must be used.
	(3)	If the lease is granted, and an application is made under subsection (2) in accordance with the regulations, the lease must—
	(a)	be granted to the eligible former owner subject to the condition that land rent is payable for the lease; and
	(b)	be a single dwelling house lease; and
	(c)	indicate that the lease is a land rent lease.
Note 1	The planning and land authority need not grant a lease to an eligible former owner, even if applications for the lease have been invited (see Planning and Development Act 2007, s 244).
Note 2	If applications for a lease have been invited subject to conditions, the planning and land authority may, without granting a lease, invite fresh applications for the lease subject to the same or other conditions (see Planning and Development Act 2007, s 244).
Note 3	Land rent lease—see the dictionary.
	(4)	In this section:
affected residential premises means premises listed on the affected residential premises register.
affected residential premises register—see the Dangerous Substances Act 2004, section 47N (1).
buyback scheme—see the Dangerous Substances Act 2004, section 47N (6).
eligible former owner, of a parcel of land, means a former owner of the parcel of land who has been granted a discount under section 12 for a land rent lease not earlier than 6 months before the day the planning and land authority offers a single dwelling house lease of the parcel of land by direct sale.
former owner, of a parcel of land, means— 
	(a)	a person—
	(i)	who—
	(A)	owns a parcel of land on which affected residential premises are located; and
	(B)	has executed a deed to surrender the parcel of land to the Territory under the buyback scheme; or
	(ii)	who—
	(A)	owned a parcel of land on which affected residential premises are located; and
	(B)	has surrendered the parcel of land to the Territory under the buyback scheme; or
	(b)	if the person mentioned in paragraph (a) dies—a person who would have obtained an interest in the parcel of land if the parcel of land had not been surrendered; or
	(c)	if the person mentioned in paragraph (a) is a party to a divorce or the ending of a civil partnership or civil union—the person who would have obtained an interest in the parcel of land under a court order if the parcel of land had not been surrendered.
29	Discount—eligibility
New section 11 (1A)
insert
	(1A)	For subsection (1) (a), the former owner of a parcel of land is not taken to own other real property if the former owner—
	(a)	owns the parcel of land; but
	(b)	does not own other real property.
30	Section 11 (2), new definition of former owner
insert
former owner—see section 7A (4).
31	Transfer of post-1 October 2013 lease
Section 16C (2) (a)
substitute
	(a)	if the lessee is not an eligible former owner of the lease—an eligible transferee; or
32	Regulation-making power
Section 35 (2)
after
section 7 (2) (Application to pay land rent)
insert
or section 7A (2) (Grant of land rent lease—former owner)
33	Dictionary, definition of land rent lease
substitute
land rent lease means a lease mentioned in section 7 (3) or section 7A (3).
34	Dictionary, new definitions
insert
single dwelling house—see the territory plan.
single dwelling house lease means a residential lease that authorises use of the land under the lease for a single dwelling house.

Part 7	Land Rent Regulation 2008
35	New section 4
insert
4	Application by eligible former owner to pay land rent—Act, s 7A (2)
The following requirements in relation to an application to pay land rent for a lease are prescribed:
	(a)	before the lease is granted, the eligible former owner must have attended a land rent information session conducted by the Canberra Institute of Technology;
	(b)	the eligible former owner must give evidence of the former owner’s attendance at the session to the authority.

Part 8	Planning and Development Act 2007
36	Development proposals in impact track because of need for EIS
Schedule 4, part 4.3, item 6
substitute

6	proposal that is likely to have a significant adverse impact on the heritage significance of a place or object registered under the Heritage Act 2004, unless—
	(a)	the heritage council produces an environmental significance opinion that the proposal is not likely to have a significant adverse impact; or
	(b)	the proposal is the demolition of a building that is affected residential premises, and the heritage council has approved a statement of heritage effect in relation to the proposal
Note 1	Affected residential premises—see the dictionary.
Note 2	Statement of heritage effect—see the Heritage Act 2004, s 61G.	
37	Dictionary, new definitions
insert
affected residential premises means—
	(a)	residential premises that contain, or have contained, loose-fill asbestos insulation; or
	(b)	premises listed on the affected residential premises register.
affected residential premises register—see the Dangerous Substances Act 2004, section 47N (1).

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 24 September 2015.
2	Notification
	Notified under the Legislation Act on	2015.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2015