Australian Capital Territory Numbered Regulations

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CONSTRUCTION OCCUPATIONS LEGISLATION (EXEMPTION ASSESSMENT) AMENDMENT REGULATION 2011 (NO 1) (NO 21 OF 2011) - REG 4

New part 2A

insert

Part 2A     Exemption assessments    

7A     Number of copies of plans—Act, s 14 (2)

The number of copies prescribed is—

        (a)     1 in electronic form; and

        (b)     if the building surveyor asks for paper copies—3 copies.

7B     Details to be contained in exemption assessment application—Act, s 14 (3)

The following details are prescribed:

        (a)     in relation to the parcel—

              (i)     the block and section number and division; and

              (ii)     the street name and number; and

              (iii)     if relevant—the unit number or shop number;

        (b)     in relation to the applicant—

              (i)     if the applicant is an entity—the full name of the entity; and

              (ii)     if the applicant is a company—the company name and the Australian Company Number (ACN); and

              (iii)     the postal address; and

              (iv)     if the applicant has an email address—the email address; and

              (v)     the contact telephone number; and

              (vi)     if the applicant has a fax number—the fax number;

        (c)     a brief description of the building work;

        (d)     whether the building work has been carried out and, if so, the commencement and completion dates of the building work.

7C     Plan information and requirements—Act, s 14 (4)

    (1)     The information set out in section 12 (2) (a), (d), (f) and (h) is prescribed.

    (2)     The requirements set out in section 16 (2) and section 17 (2) are prescribed.

7D     Exemption assessment B notices—Act, s 14B (2) (b) (iii)

The following are prescribed:

        (a)     any information that was used by the building surveyor in assessing whether the building work is exempt or not;

        (b)     the building surveyor's full name and licence number;

        (c)     if the building surveyor is a corporation—the building surveyor's ACN;

        (d)     the building surveyor's postal address, email address (if any), contact telephone number and facsimile number (if any);

        (e)     the building surveyor's signature or, if the building surveyor is not a natural person, the signature of the building surveyor's nominee under the Construction Occupations Licensing Regulation 2004 , section 15 (2);

        (f)     the date of the notice.

7E     Exemption assessment B notice—attached documents––Act, s 14B (2A) (a) and (b)

    (1)     A copy of the plans used by the building surveyor in an exemption assessment of the building work is prescribed.

    (2)     If the building surveyor assesses that the building work, or part of the building work, is exempt—

        (a)     the exemption must be marked on, or attached to, or partly marked on or partly attached to, each page of the plans used by the surveyor in the assessment; and

        (b)     the building surveyor must initial, date and mark the building surveyor's licence number on each page of the plans.

    (3)     However, if, because of the size of the plans, it is impractical to mark the exemption on each page of the plans, the building surveyor may, instead of marking the exemption under subsection (2) (a), mark each page of the plans with—

        (a)     the building surveyor's initials and licence number and the date; and

        (b)     an indication that the details of the exemption are in the exemption assessment B notice.

    (4)     The pages of any document attached to an exemption assessment B notice must be numbered consecutively through each document, starting with the number 1 and each page must state the total number of pages comprising the attached documents.

Example

An exemption assessment B notice has 3 attached documents that total 25 pages. Each page of the attachments, starting from the first page, is numbered as ‘page 1 of 25', ‘page 2 of 25' and so on, until the last page of the final attachment which is numbered ‘page 25 of 25'.

Note     An example is part of the regulation, 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).



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