Summary of changes contained in the Amending Regulation

Legislative amendment

Commentary/Outcome

Section 19

Section 19 of the EP&A (DCFS) Regulation specifies the edition of the Building Code of Australia (BCA) that applies to building work.

The amendment made to this section applies to a multi storey building the subject of multiple construction certificate (CC) applications under the same development consent. It specifies that the edition of the BCA applying to CC applications issued after the CC for the ‘entrance floor’ has been issued (‘later in time CC application/s’), is the edition that applied to the CC application which includes the ‘entrance floor’. In this way, the edition of the BCA is ‘locked in’ at the time of the application which involves the ‘entrance floor’.

Note: The above text needs to be read in conjunction with the all the other text including under the heading ‘Savings and Transitional Provisions’ and also section 24.

Section 23

Section 23 of the EP&A (DCFS) Regulation identifies the information that must be contained on a CC.

The amendment made identifies that the certifier needs to nominate the BCA edition on the CC that applies to the subject building work. This applies to all CCs.

Section 24

Section 24 of the EP&A (DCFS) Regulation deals with modification of development the subject of a CC application.

The amendment made identifies that the edition of the BCA applying to all CC applications to modify development, is the edition which applied to the ‘original’ CC application that is the subject of the modification. This applies to all CC applications to modify development.

Savings, transitional and other provisions

The saving and transitional provision identifies the developments that are subject to the amendments to section 19 of the EP&A (DCFS) Regulation.

Specifically, the amendment applies to later in time CC applications for a multi storey building, where the CC for building work which involves the ‘entrance floor’, was not issued before the commencement of the Amending Regulation.

Legislative amendment

Commentary/Outcome

Section 69

Section 69 of the EP&A Regulation includes a prescribed condition of consent relating to the BCA edition applying to a CC application.

The amendment made changes this prescribed condition of consent to reflect the requirements in section 19 of EP&A (DCFS) Regulation.

Savings, transitional and other provisions

The saving and transitional provisions made apply to existing development consents. Additionally, this provision overrides the prescribed condition about compliance with the BCA on existing development consents for multi storey buildings, where the CC for building work which involves the ‘entrance floor,’ was not issued before the commencement of the Amending Regulation.