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A continuation of Assignment 2 in Building control Legislation Extra 3 pages Essay Example

  • Category:
    Law
  • Document type:
    Coursework
  • Level:
    Undergraduate
  • Page:
    3
  • Words:
    2181

Applying Building Control Legislation to Building Surveying

The common law in regard to the functions of a regulator in the building and construction industry

This provides the regulator with knowledge of the regulatory statutes under which he/she will do work. The understanding of the legislation will be able to provide the regulator with the ability to be able to correctly interpret Acts that are in relation to the regulatory procedures and according to his/her jurisdiction. The interpretation is able to provide the regulator with the information needed for him/her which is laid down in the parts, divisions and schedules in addition to their groupings.

Citation of the acts

The short titles are essential and are what is normally used in citing regulations. It is vital for the regulator to know the commencement date for the legislations. This implies the time at which the legislations are to or came into force. It is imperative for the regulator to know that the Acts come into force either as provided in the Interpretation of the Act, date as specified in the Act or on the proclaimed date. While interpreting the Acts, the definitions are provided for at the beginning of the statutes.

The regulator is also entitled to understand the following as used in the law; Binding crown, appointment officers, certificate of authority, delegation of powers, powers of entry, inspection and evidence gathering, warrant, power to demand for information, approvals, permits and certificates, remedial notices and orders, infringement notices, offences, defenses, appeals, repeals and administrative arrangements.

A statute is a written and formal legislative enactment that is aimed at governing the actions of a state, city or county. They are meant to prohibit something, command and or give a direction towards a certain action or duty. It is however vital to note that all the statutes are laws but not all laws are statutes. Statutes are meant to apply to all the citizens of the state or county and cover a variety of topics. The building and surveying statutes in this state are contained in the Queensland Building Act 1975and its subordinate legislations. The Building Codes Queensland is a service area of the department of the local arm of the government and planning that is responsible in the developing and administering of appropriate codes and mechanisms of approval which is in line with the integrated and planning Act of the year 1997. The building and safety statutes are aimed at specifying the minimal acceptable conditions of safety for constructed objects which include buildings and other nonbinding structures.

The regulatory statutes relevant to the regulatory area will include:

  • Dividing Fences Act 1953

  • Integrity Act 2009

  • Judicial Review Act 1991

  • Building and Construction Industry (Portable Long Service Leave) Act 1991

  • Plant Protection Regulation 2002

  • Fair Work (Commonwealth Powers) and Other Provisions Act 2009

  • Land Regulation 2009

  • Health Act 1937

  • Public Health Regulation 2005

  • Subcontractors’ Charges Act 1974

  • Public Sector Ethics Regulation 2010

  • Building Act 1993 and Building and Regulation Act 2006

  • Building and Construction Industry (Portable Long Service Leave) Regulation 2002

  • Domestic Building Contracts Act 2000

  • Building Fire Safety Regulation 2008

  • Building and Construction Industry Payments Act 2004

  • Mining and Quarrying Safety and Health Act 1999

  • Mining and Quarrying Safety and Health Regulation 2001

  • Building Act 1975

  • Workplace Health and Safety Regulation 2008

  • Local Government (Robina Central Planning Agreement) Act 1992

  • Building Regulation 2006

  • Transport Operations (Marine Safety„Designing and Building Commercial Ships and Fishing Ships) Standard 2006

  • Metropolitan Water Supply and Sewerage Act 1909

  • Petroleum and Gas (Production and Safety) Regulation 2004

  • Petroleum and Gas (Production and Safety) Act 2004

  • Wet Tropics World Heritage Protection and Management Act 1993

  • Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980

  • Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984

  • Integrated Resort Development Act 1987

  • Sustainable Planning Regulation 2009

  • Supreme Court Act 1995

  • Fire and Rescue Service Act 1990

  • Work Health and Safety Act 2011

  • Building and Construction Industry Payments Regulation 2004

  • Survey and Mapping Infrastructure Act 2003

  • Forestry Act 1959

  • Major Sports Facilities Regulation 2002

  • South-East Queensland Water (Distribution and Retail Restructuring) Act 2009

  • Property Law Act 1974

  • Local Government (Finance, Plans and Reporting) Regulation 2010

  • Queensland Building Services Authority Regulation 2003

  • Standard Plumbing and Drainage Regulation 2003

  • Financial Intermediaries Act 1996

  • Water Supply (Safety and Reliability) Act 2008

  • Electrical Safety Regulation 2002

  • Cooperatives Act 1997

  • Public Health Act 2005

  • Acquisition of Land Act 1967

  • State Development and Public Works Organization Act 1971

  • Land Title Act 1994

  • District Court of Queensland Act 1967

  • Industrial Relations Act 1999

  • Bail Act 1980

  • Police Powers and Responsibilities Act 2000

  • Local Government Act 2009

  • Water Act 2000

  • Competition Policy Reform (Queensland) Act 1996

  • Penalties and Sentences Act 1992

  • Urban Land Development Authority Act 2007

  • Local Government (Operations) Regulation 2010

  • Health Regulation 1996

  • Vegetation Management Act 1999

  • State Development and Public Works Organisation Regulation 2010

  • Environmental Protection Regulation 2008

  • Queensland International Tourist Centre Agreement Act Repeal Act 1989

  • Radiation Safety Act 1999

  • Queensland Reconstruction Authority Act 2011

  • Duties Act 2001

  • Professional Engineers Act 2002

  • Land Tax Act 2010

  • Land Valuation Act 2010

  • Land Sales Act 1984

  • Architects Act 2002

Section 34 of the Occupation Health and Safety Act 2001 imposes the duty on the controller of the building to identify hazards that are foreseeable that have the potential to harm or interfere with the health and safety of the occupiers and/or the workers and any other person who will be accessing the premises. Under sub clause (1) the regulator must identify the hazards that are to arise from:

(a)  the layout and condition of the premises, including the presence of a confined space, and

(b)  the physical working environment, including the potential for:

(i)  people slipping, tripping or falling, and

(ii)  objects or structures falling on people, and

(c)  the presence of material containing asbestos.

(3)  A controller of premises must ensure that hazards are identified:

(a)  during any design of the premises, and

(b)  before the premises are provided for use as a place of work.”

Section 35 of the OHS Act 2001 imposes duty on the officer to assess the risk and safety from the any particular hazard in respect to division 1. These include;

(a) Evaluate the likelihood of an injury or illness occurring and the likely severity of any injury or illness that may occur, and

(b)  Review available health and safety information relevant to a particular hazard, and

(c)  Identify the actions necessary to eliminate or control the risk, and

(d)  Identify records that it is necessary to keep to ensure that risks are controlled (including the length of time for which records are to be kept).

A risk assessment may relate to more than one place of work or hazard so long as it takes account of the particular circumstances of each place of work or hazard.”

Under Section 264Y of division 6 the provisions confer powers on an officer to suspend or cancel the licenses of contractors and subcontractors if they;

(a) the holder of the license is no longer competent to do work of the kind authorized by the license, or

(b) the holder of the license can no longer be relied on to do work of the kind authorized by the license without endangering the health or safety of the holder or any other person, or

(c) the license was obtained on the basis of false or misleading information or a failure to disclose or provide required information.”

Provisions that create an offence by creating guidelines and principles that are to be adhered to and which are to keep the contractors and the owners of the building permits from committing a criminal offence. Section 318 provides regulations that provide guidelines that prohibit the progression of work without a license. The provisions warn against the progression of work that is licensed unless it is in line with the license that relates to that work. No person is to be allowed to direct or permit someone to perform a licensed duty unless the person being directed holds the certificate that permits/relates to that work. This is to be in line with the sub clauses (1) and (2) where it forbids the contravening of the conditions of the license and actions to direct a person to contravene its conditions. The maximum penalty for contravening the guidelines to the above legislations is level 3. The licensed work is provided in under the clause 317 of the licensed work. It however has to be noted that the work covers decision to refuse an application for a particular license, impose conditions on a license or to either suspend or cancel a particular license has to be carried out under part 10.3 of the provisions relating to licenses and is to be reviewed by the Administrative Decisions Tribunal. The failure for an application to be determined in three months is however taken as a refusal.

Under the section 227 of the Responsibility to provide safe work method statements—principal contractor and sub-contractors it is upon the their duties to comply for the construction work of buildings to be undertaken that is over $ 250,000 or any other high risk construction that does not exceed the amount. A penalty of a maximum level of 3 is to be given if these provisions are to be contravened. In the sub clause 3 of the same provision, it provides that;

(3)  A principal contractor must ensure that:

(a)  a sub-contractor is directed to comply with:

(i)  the safe work method statement that the sub-contractor has provided, and

(ii)  the requirements of the Act and this Regulation, and

(b)  the activities of a sub-contractor are monitored to the extent necessary to determine whether the sub-contractor is complying with:

(i)  the safe work method statement that the sub-contractor has provided, and

(ii)  the requirements of the Act and this Regulation, and

(c)  if the sub-contractor is not so complying, the sub-contractor is directed to take action immediately to comply with the safe work method statement or the requirements of the Act and this Regulation, or both, and

(d)  if a risk to the health or safety of a person arises because of the non-compliance, the sub-contractor is directed to stop work immediately and not to resume work until the safe work method statement or those requirements, or both, are complied with, unless an immediate cessation of work is likely to increase the risk to health and safety, in which event the sub-contractor must be directed to stop work as soon as it is safe to do so.”

If these are contravened, a penalty of a maximum of level 3 is to be given.

The legislation usually has a format in which they follow as they are written. This Title of Act Year format. This is where it consists of the short title and ends with Act. For example Title: Queensland Act: Act and lastly the Year: 2001. This is represented in a diagram as:

Title: Land Title

Year: 1994

The long title that is normally present under the title is usually used to give a description of the purpose or the scope of the Act. The legislation has a structure which consists of chapters, divisions, parts and subdivisions. The schedules that are normally found at the end have a function of repealing of other legislations and give matters of definition and details of a particular legislation. This and the uniform numbering system are vital for the purpose of a regulator. The most useful numbering system that will be of great use to the regulatory legislation is illustrated in the diagram below (Carvan, 1994 and 1999).

Sub section/sub regulation/sub rule/sub clause

  1. Section/regulation/rule/ clause

A continuation of Assignment 2 in Building control Legislation Extra 3 pages

A continuation of Assignment 2 in Building control Legislation Extra 3 pages 3

Sub paragraphs

A continuation of Assignment 2 in Building control Legislation Extra 3 pages 2

Paragraphs

A continuation of Assignment 2 in Building control Legislation Extra 3 pages 1

Subsub paragraphs

An example using a selected Act of legislation is represented in the illustration below (Carvan, 1994 and 1999);

Survey and Mapping Infrastructure (Survey Standards) Notice (No. 2) 2005”“.

Subtitles

  • Making of standards

  • Public access to standards

  • Repeal”

Consequences of inaccuracies in citing legislations (Understanding legislation)

  • The user of the law or the person referring to the law will have a hard time retrieving the citation

  • The reader will have difficulty in finding decisions

  • Valuable information about the case at hand will be lost

  • The reader will not be provided with a clear road map that is able to direct the reader to locate a particular law

  • The reader will be forced to take a detour from their definite goal and engage more time in location of legal research

Work cited

Queensland legislation, http://www.legislation.qld.gov.au/Search/, accessed on the 29th of July 2011.

Carvan, J. 1994 and 1999, Understanding the Australian Legal System, 2nd and 3rd edns, The Law Book Co., North Ryde, NSW.

Collin, P. H. 2000, Dictionary of Law, 3rd edn, Peter Collin Publishing, London.

Meek, M. 1999, The Australian Legal System, 3rd edn, LBC Information Services, Sydney. Understanding legislation www.legislation.sa.gov.au/Web/Information/Understanding%20legislation/UnderstandingLegislation.aspx#reading, accessed on the 29th July 2011.

D. J. Gifford, and K. H. Gifford, K. H. 1994, How to Understand an Act of Parliament, 8th edn, The Law Book Company, North Ryde, NSW.

Duhaime’s Legal Dictionary at, www.duhaime.org/LegalDictionary.aspx, accessed on the 30th of July 2011.

Past Announcements, http://www.austlii.edu.au/austlii/recent.html, accessed on the 30th July 2011.

Occupational Health and Safety Regulation 2001, retrieved on the 16th of September, 2011 from http://www.legislation.nsw.gov.au/fullhtml/inforce/subordleg+648+2001+cd+0+N