Ararat Rural CityCouncil InstrumentofDelegation ...

Ararat Rural City Council

Instrument of Delegation

$12 Municipal Building Surveyor Package

12 August 2020

VLG Ararat Rural City Council

Instrument of Delegation and Authorisation

In exercise of the powers conferred by ss 216B and 228Aof the Building Act 1993, by this Instrument of Delegation andAuthorisation, |, Wayne Wilkie as Municipal Building Surveyorof Ararat Rural City Council —

1. delegate each duty and/or function and/or powerdescribed in column 1 of the Schedule (and summarised in column 2 of

the Schedule) ) to the memberof Council staff, or person engaged described opposite each such duty and/orfunction

and/or powerin column 3 of the Schedule;

2. record that a reference in the Schedule to

MBS means Municipal Building SurveyorN/A meansNotApplicable

BSAs meansBuilding SurveyorAssistants

BSLs meansBuilding Surveyor Limited

LBI1 meansLimited Building InspectorSBSs meansSenior Building Surveyor Unlimited

3. appoint the following personsto be authorised personsfor the purposesof exercising the powers of the municipal

building surveyor underDivision 2 of Part 13 of the Act:

3.1 Darren Scott (BSA1)3.2 AndrewBritton (BS5)3.3 Dion Wilkie (LBI1)

4. record that on the cominginto forceof this Instrument of Delegation and Authorisation each delegation underthe

Instrument of Delegation dated 19 February 2020 and executed by WayneWilkie is revoked;

5. declare that this Instrument of Delegation and Authorisation —

5.1 comesinto force immediately upon its execution;

5.2 must be exercised in accordance with any guidelines or policies which Council from time to time adopts, and -

is subject

5.3 any conditions and limitations set out in the Schedules

Dated 12 August 2020

Witness

2 | Page 12 August 2020


Delegation Sources

Building Act 1993

Domestic Building Contracts Act 1995

Melbourne Strategic Assessment (EnvironmentMitigation Levy) Act 2020

Building Regulations 2018

3| Page 12 August 2020


$12 Municipal Building Surveyor Package

Building Act 1993

Provision Powers and Functions Delegated Delegate Conditions and Limitations

s.10(2) Powerto be satisfied and to certify in writing that LBI1,

substantial progress was made onthe design of a BSLs,building before a building regulation or amendment SBSscommenced.

s.10(4) Powerto agree with ownerofbuilding or land that a LBI1,

building regulation or amendmentis to apply BSLs,

SBSs

8.17 Function of receiving application for a building permit LBI1,

BSAs,

BSLs,SBSs

s.18A(2) Duty to provide to DevelopmentVictoria without delay N/Anotice setting out information in s 18A(2)(a) and a copy

of any relevant planning permit, in certain

circumstances wheres 18A(1) is satisfied

s.18B(2) Duty to give notice of an application whichsatisfies s N/A

18B(1), to the Commissioner of State Revenue

s 18D(2) Duty to, within 14 days after receiving an application, N/A Wherethe municipal building

give to the Secretary to the Department of surveyoris the relevantEnvironment, Land, Water and Planning a notice of the building surveyor

application, a copy of the application and any

documents that accompanythe application

s.19 Duty to decide application for building permit by either LBI1,

issuing permit, issuing permit with conditions or BSLs,refusing permit SBSs

$.21(1) Duty to specify in building permit whether occupancy LBI1,

permit is required under s 21(2) for the whole or part of BSLs,

the building SBSs

s.21(2) Duty to consider whetherbuilding work is minor or LBI1,

does not compromisethesuitability of the building for BSLs,occupation SBSs



Building Act 1993


$.23 Duty to notify the reporting authority of permit and give

the reporting authority a copy of the permit, where

issues a building permit whichdiffers from orfails to

implement the recommendationsin the reporting

authority's report under Schedule 2 on the application

for the permit

LBI1,BSLs,

SBSs

Doesnot apply to classes of

buildings set out in r 1805 of

the Building Regulations 2018

8.24(1) Duty to not issue building permit unless satisfied ofmatters set out ins 24(1), subject tos 24A

LBI1,

BSLs,

SBSs

$.24(2) Duty to not issue building permit that imposes on theapplicant lesser or greater standards or requirements

than those prescribed by this Act or building

regulations, unless permitted to do so bythis Act or the

building regulations.

LBI1,

BSLs,

SBSs

s.24(3) Duty to not issue building permit if notice is required to

be given to the DevelopmentVictoria under s 18A

unless the Victorian Building Authority (VBA) hasnotified the relevant building surveyor under s 51ZA ofthe DevelopmentVictoria Act 2003that, either charges

are not payable,orif charges are payable, that they

have beenpaid or an agreementhas been entered

into.

N/A

8.24(4) Duty to not issue a building permit for the carrying outof building work on land in respect of which there is a

GAIC recording (within the meaning of Part 9B of thePlanning and EnvironmentAct 1987), unless theapplicant producesa certificate relating to thatliability

as setoutin (a) - (d)

LBI1,BSLs,SBSs

s 24(4A) Duty to not issue a building permit for the carrying outof building work on land in respect of whichthere is alevy recording (within the meaning of the Melbourne

Strategic Assessment (EnvironmentMitigation Levy)

Act 2020 (Vic)) unless the applicant produces any ofthe certificates set out in s 24(4A)(a) — (c) issued by the

Secretary to the Department of Environment, Land,

Water and Planning underthat Act

N/A

8.24(5) Duty to not issue building permit in respect of building

work unlesssatisfied that any community infrastructure

levy payable underPart 3B of the Planning and LBI1,BSLs,



Building Act 1993


EnvironmentAct 1987 has beenpaid to the relevant SBSs

agency or an agreementhas beenentered for payment

s 24(6) Duty not to issue a building permit in relation to building LBI1, Where the municipal building

work unlesssatisfied by the applicant of the criteria set BSLs, surveyoris the ‘relevant

out in s 24(6)(a) and (b) SBSs building surveyor'

Subject to s 269 of the BuildingRegulations 2018

s 24(7) Duty notto issue a building permit in relation to building LBI1, Wherethe municipalbuildingwork unlesssatisfied by the applicant of the criteria set BSLs, surveyoris the ‘relevant

out in s 24(7)(a) and (b) SBSs building surveyor'

Subject to s 269 of the Building

Regulations 2018

s 24A(1) Powerto consider whethersatisfied of the matters set BSAs,

out in s 24A(1)(a) — (d) SBSs

s 24A(3) Powerto considerapplication for a building permit for LBI1, For applications accepted on

domestic building work where cost of the work exceeds BSLs, or before 4 July 2016,this

the prescribed amount and the workis not to be SBSs applies to work which exceeds

carried out under a major domestic building contract, $12,000, rather than the

subject to duty to not issue the permit unlesssatisfied prescribed amount

of matters in s 24A(3)

8.25 Duty to notify applicant for a permit in writing without LBI1,

delay of refusal of permit and reasonsrefusal BSAs,BSLs,SBSs

s 25AA(1) Functionof receiving notification that the person is the LBI1, Wherethe municipal buildingnew ownerofthe land BSAs, surveyoris the relevant

BSLs, building surveyorSBSs

s.25A Function of receiving notice of changesto the LBI1, Note: this amendmentis notengagementof a building practitioner, an endorsed BSAs, yet in force and will commence



Building Act 1993


building engineeror an architect BSLs, on 1 July 2021, unlessSBSs proclaimed earlier

s.28(1) Powerto issue building permit for carrying out of LBI1,

building work that does not comply with building BSLs,regulations if the work is to be carried out on, orin SBSsconnection with a building included on the Heritage

Register, subject to s24

s.28(3) Duty to take into account certain matters in deciding LBI1,

application for a building permit in respect of a building BSLs,

to which s 28(1) applies SBSs

s.29(1) Powerto refuse to issue building permit for LBI1,

construction of a building in certain circumstances BSLs,

SBSs

$.29(2) Duty to not refuse to issue building permit on the sole N/A

ground that the owner maywithout notice to theCouncil dispose of the land to the Crownor a public

statutory body

s.29B(1) and Function of receiving notice from the responsible LBI1,

(3) authority BSLs,SBSs

s.29B(2) Duty to suspend consideration of application for LBI1,

building permit uponreceipt of notice under s 29B(1) BSLs,

SBSs

s.29B(5) Duty, in making decision under s 24, to consider the LBI1,requirementsof the relevant planning scheme as BSLs,

amended whengiven notice of amendment unders SBSs

29B(3)(c)

s.30(1) Duty to give Council a copy of permit, plans and other LBI1,

documents lodged with permit application BSAs,

BSLs,

SBSs



Building Act 1993


s 30(1A) Duty to give a copyof any other prescribed documents, LBI1, Where the municipal building

relating to the application for the building permit or the BSAs, surveyoris the 'relevantpermit, to the relevant council BSLs, building surveyor’

SBSs

s.30B(a) Duty to certify documents and lodgementfees paid on N/A Only applies to buildingapproved checklist permits issued on or after 4

July 2016

s.30B(b) Duty to give certified checklist to Council atsame time N/A Only applies to building

as giving documents required under s 30 permits issued on orafter 4

July 2016

$.33(1) Function of being notified after completion of each LBI1,mandatory notification stage of building work for which BSLs,

a permit has been issued under Part 3 SBSs

$.33(2) Powerto direct person to stop carrying out work after LBI1,completion of mandatory notification stage BSAs,

BSLs,

SBSs

s 34 Duty to cause building work to be inspected in person LBI1, Wherethe municipalbuildinguponbeing notified of completion of mandatory BSAs, surveyoris the relevant

notification stage of building work for which a building BSLs, building surveyorpermit has been issued underPart 3 SBSs

8.35 Powerto cause building work for which permit issued LBI1,under Part 3 to be inspected at any time, whether or BSAs,not mandatory notification stage completed BSLs,

SBSs

s 35A(1) Duty to ensure that a record of the inspection is made SBSs Wherethe municipal building

upon completion of an inspection under ss 34 or 35 surveyoris the relevant

building surveyor

s 35A(2) Duty to give a copy of the record made under s 35A(1)_ SBSs Where the municipal buildingupon written request surveyoris the relevant

building surveyor

s 35A(2)(b) Function to request and receive a copyof a record SBSs Where the MBSis the MBSformade under s 35A(1) the municipal district in which

the building work wasinspected

s 35B Duty not to cause a personto carry out an inspection N/A Where the municipal building



Building Act 1993


underss 34 or 35 unlessthecriteria in ss 35B(a) or surveyoris the relevant

35B(b) is met building surveyor

s.37A(2) Duty to give a direction to fix building work to relevant LBIt,

person wherereasonable belief that building workfails BSAs,

to comply with this Act, building regulations or building BSLs,

permit SBSs

s.37A(3) Powerto authorise building surveyoror relevant LBI1,

building inspectorto give oraldirection to fix building BSLs,

workto relevant person SBSs

s.37D(2) Duty to give written direction to fix building work where LBI1,

not satisfied at the end of prescribed period following BSLs,

an oral direction that building work complieswith this SBSs

Act, building regulations or building permit

s.37G(1) Function of receiving request to extend period to LBI1,

comply with building direction BSLs,SBSs

s.37G(3) Powerto grant extension of period for compliance with LBI1,

direction to fix building work received under s.37G(2) BSLs,

SBSs

s.37G(4) Duty to give written notice of extension of time granted LBI1,under s 37G(3)to builder BSLs,

SBSs

s.37HA Powerto stay operation of a direction to fix building LBI1, MBS,

work where subject of conciliation BSAs,BSLs,

SBSs

s.371(1) Powerto revoke direction to fix building work LBI1,

BSLs,

SBSs

s.371(2) Duty to give written notice of revocation of direction to LBI1,

fix building work BSLs,SBSs

s.37J Duty to give prescribed documentsin relation to LBI1, Wherethe municipal building

direction to fix building work to relevant owner and any BSLs, surveyoris the 'relevant

other prescribed person SBSs building surveyor’

s 37J Function of receiving documents LBI1, Wherethe municipal building

BSAs, surveyoris the 'relevant



Building Act 1993


BSLs, building surveyor' and in turn a

SBSs ‘prescribed person’

s.37K(1) Duty to give written notice to VBAof failure to comply LBI1, MBS,with a written direction to fix building work within 7 days BSAs,

offailure to comply BSLs,

SBSs

s.38(1) Duty to issue notice offinal inspection following LBI1,inspection of final mandatory notification stage, if BSLs,

occupancy permit not required andall directions SBSs

complied with

s.41 Function of receiving application for occupancy permit LBI1,

BSLs,

SBSs

s.43 Duty to decide application for occupancy permit under LBI1,

Division 1 of Part 5 by either issuing permit, issuing BSLs,

permit with conditions or refusing permit SBSs

8.44 Duty to not issue occupancypermit in certain LBI1,circumstances BSLs,

SBSs

s.47 Duty to notify the reporting authority without delay and LBI1, Doesnot apply to classes of

give copyof permit to the reporting authority,if issues BSLs, building set out in r 1805 of the

occupancy permit which differs from orfails to SBSs Building Regulations 2018

implement recommendationsin the reportingauthority's report under Schedule 2

s.48 Duty to notify applicant of refusal of permit under LBI1,

Division 1 of Part 5 and reasonsfor refusal BSLs,

SBSs

s$:53 Function of receiving application for an occupancy LBI1,

permit BSLs,

SBSs

s.55 Duty to not issue occupancypermit underDivision 2 of LBI1,

Part 5 unless the place to which the permit applies is BSLs,

suitable for occupation for the public entertainment or 10 | Page

12 August 2020


Building Act 1993


class of public entertainment for which the permit is SBSs

sought

s.56 Duty to decide application for occupancy permit under LBI1,

Division 2 of Part 5 by either issuing permit, issuing BSLs,

permit with conditions or refusing permit SBSs

s.57(1)(a) Powerto approvethesiting of a temporary structure LBI1,

BSLs,SBSs

s.59 Powerto issue combined occupancypermitif LBI1,

requirementsof Division 1 and Division 2 of Part 5 are BSLs,

satisfied SBSs

s.60 Duty to notify the reporting authority without delay and LBI1,give copy of permit to the reporting authority, if issues BSLs,

occupancypermit which differs from orfails to SBSs

implement recommendationsin the reporting

authority's report under Schedule 2

s.62 Duty to notify applicant of refusal of permit under LBI1,

Division 2 of Part 5 and reasonsfor refusal BSLs,

SBSs

s.63 Powerto cause anyplace of public entertainment for LBI1,

which an occupancy permit has been issued under BSLs,

Division 2 of Part 5 to be inspected from time to time to SBSs

determine whetheror not the permit is being complied

with

s.64 Powerto approve occupation on a temporary basis of a LBI1,

building for which there is not or could not be issued an BSLs,occupancy permit appropriate to the use of the building SBSs

s.66 Powerto approve form of application underDivision 3 LBI1,

of Part 5 BSLs,

SBSs

s.67 Duty to decide application for approval to occupy a LBI1,

building on a temporary basis byeither issuing BSLs,

approval, issuing approval with conditions or refusing SBSs

approval 11 | Page 12 August 2020


Building Act 1993


s.69 Duty to notify applicant in writing of refusal and reason LBI1,

for refusal of approval to occupy building on temporary BSLs,

basis SBSs

s.70 Power to amend a permit or approval issued under LBI1,

Part 5, on an application by the ownerof the building or BSLs,

land or if the amendmentis necessary in the public SBSs

interest

s.71 Powerto cancel a permit or approval if obtained by LBI1,

fraud or misrepresentation BSLs,

SBSs

s72 Powerto cancel occupancy permit issued under LBI1,

Division 1 of Part 5 in certain situations BSLs,

SBSs

s.73(1) Duty to give Council a copy of permit, approval, LBI1,amendment, plans or other documents lodged with BSAs,

application BSLs,

SBSs

s.73(1A) Duty to give Council a copy of other prescribed LBI1,

documentsrelating to application BSAs,

BSLs,

SBSs

s.81(4) Duty to not complete thefirst private building surveyor's N/A

functions in respectof the building work without the

written consentof the VBA, where the appointmentof a

private building surveyor is terminated under s 81(3)

s.82 Duty to comply with direction of the VBA where N/A

appointmentofprivate building surveyoris terminatedand the MBSis to complete the private building

surveyor's functions

s.83T(2) Function of receiving information from manager N/Aappointed by the VBA under s 83B

s.84(1) Function of receiving notification of proposed building LBI1,

work where owneris required to undertake protection BSLs,work in respect of an adjoining property before or SBSs

during the carrying out of building work for which a

building permit is required must

s.85(1)(b) Function of receiving notice from adjoining building LBI1,

ownerregarding proposed protection works BSLs, 12 | August 2020


Building Act 1993


SBSs

s.87(1) Duty to examine the proposal for protection work and LBI1,determine the appropriateness or otherwise of the work BSLs,

uponreceipt of notice under s 85(1)(b) SBSs

s.87(2)(a) Power,in the case of notice under s 85(b)(ii), to ask LBI1,

ownerfor more information before making BSLs,determination unders 87(1) SBSs

s 87(2)(b) Duty to make copyof information available to adjoining LBI1,

owner BSLs,

SBSs

s.87(3) Power make any inquiries and not to give any person a LBI1,

hearing BSLs,

SBSs

s87(4) Duty to give notice of determination under s 87 LBI1,

BSLs,SBSs

$.92 Duty to make available to adjoining owner, on request, LBI1,

for inspection, without charge, plans, drawings and BSLs,

specifications of proposed building work at any time SBSs

after notice of intention to commencebuilding workisgiven underPart 7

s.101(1) Function of receiving plans showing protection work LBI1,BSLs,

SBSs

s.101(2) Duty to give a copy of documents to Council LBI1,

BSAs,

BSLs,SBSs

s.102 Power to make an emergency order underDivision 1 of LBI1,

Part 8 if the MBSis of the opinion that the orderis BSLs,

necessary because of dangerarising out of the SBSscondition or use or proposeduseof a building, land on

which building workis carried out or a place of publicentertainment

s 103(2) Powerto permit any person to enter, use or occupy a LBI1,building, land or a place of public entertainment BSAs,

BSLs,SBSs



Building Act 1993


s 104(5) Function of receiving the results of the destructive LBI1,

testing of the building product or material from an BSAs,ownerorbuilder referred to ins 104(4) BSLs,

SBSs

s.105(2) Duty to cause an emergencyorderto be served on the LBI1,person to whomitis directed without delayafterit is BSLs,

made SBSs

s.105(3) Duty to give a copy of an emergency orderto any LBI1,private building surveyor appointed to perform a BSLs,

function in relation to a building, land or place to which SBSsthe orderrelates

s.105B Powerto cancel an emergencyorder in some LBI1,

circumstances,by giving a written notice to the person BSLs,to whomthe notice wasdirected SBSs

s.106 Powerto cause a building notice to be served on an LBI1, s 118A: must only causeownerofa building, land or place of public BSLs, building notice to be servedif

entertainmentif believes that one of the circumstances SBSs direction to fix building workspecified in s 106(a) - (d) exists not complied with, or satisfied

itis not possible or appropriate

to give a direction to fix the

building work

s.110 Powerto cancel building notice after considering any LBI1,representations made by owner under s 109 BSLs,

SBSs

s.111(1) Powerto makebuilding order under s 111 after the end LBI1, s 118A: must only makeof the time allowed bythe building notice for making BSLs, building orderif direction to fixrepresentations SBSs building work not complied

with, or satisfied it is not

possible or appropriate to give

a directionto fix the building

work

s 111(2) Duty to consider any representations made by the LBI1,

ownerconcerned before making an order BSAs,BSLs,SBSs

s 111(4) Powerto permit a person entering, using or occupying LBI1,

a building, land or place of public entertainment BSLs,

SBSs

s 111(9) Function of receiving the results of the destructive LBI1,

testing of the building product or materials from the BSAs,



Building Act 1993


ownerorbuilder referred to ins 111(8) BSLs,

SBSs

s.112(1) Powerto makea building order that requires an owner LBI1, Subject to s 107or other personto stop building work BSLs,

SBSs

s.112(6) Powerto exemptanypartof the building work from a LBI1,

building order under s 112, if the relevant building BSLs,

surveyorconsidersthat it is necessary for the building SBSsworkto be carried out in accordance with s 112(6)(a)-

(c)

8.113 Powerto makea building order requiring the owner of LBI1, Subject to s 107a building, land on which building workis being oris BSLs,proposedto be carried out or a place of public SBSs

entertainment, to carry out work withoutfirst serving a

building notice, if it is believed that the work required to

be carried out is of a minor nature

s.114(2) Duty to cause building order to be served on person to LBI1,

whomit is directed without delay BSLs,

SBSs

s.116(2) Powerto amend or cancel a building order or refuse to LBI1,

amend or cancel a building order after considering BSLs,

request under s 116(1) SBSs

s.116(4) Duty to inform the ownerin writing, without delay, of LBI1,

the relevant building surveyor's decision under s 116(2) BSLs,

SBSs

s 119 Powerto direct a person to obtain a building permit, or LBI1, Wherethe municipal building

to comply with the Regulations, when carrying out work BSAs, surveyoris the relevant

in accordance with an emergencyorderor building BSLs, building surveyor

orderin force underPart 8 of the Act SBSs

s.120 (2) Duty to inspect work notified as completed under s LBI1,120(1) and either report to Council that emergency BSLs,

orderor building order has beenfully complied with or SBSs

require that orderbefully complied with

8.121 Powerto cause work to be carried out if an ownerfails LBI1,

to carry out work as required by an emergency order or BSLs,building order SBSs



Building Act 1993


8.122 Duty to take necessary action if required by Minister LBI1,

BSLs,SBSs

8.124 Powerto request assistance of a memberof police LBI1,force, to evacuate a building, land or place of BSLs,

entertainment in accordance with emergency order, or SBSsin removing personsfrom building, land or place in

which workis being carried out in accordance withemergencyorder

s.125(1) Duty to give a copy of notice or order to Council LBI1,BSAs,

BSLs,SBSs

s.125(2) Duty to give a written notice of the compliance, LBI1,amendmentor cancellation to Council BSAs,

BSLs,

SBSs

s.150 Powerto refer to Building Appeals Board any dispute LBI1,

with owner about exercise of powers under s BSLs,

228D(6)(ab) SBSs

s.156 Powerto refer to Building Appeals Board any dispute LBI1,

about estimate of costs of work BSLs,SBSs

s.157 Powerto refer to Building Appeals Board a dispute LBI1,

about a building, building work or proposed building BSLs,

work which concerns the application or effect of any SBSs

provision of the building regulations or whether anyprovision of the building regulations is or has been

complied with

s.160 Power to make application to the Building Appeals LBI1,Board for a determination that a provision of the BSLs,

building regulations does not apply or applies with the SBSsmodifications or variations specified in the application

s.160A Powerto make application to the Building Appeals LBI1,

Board for a determination that a particular design of a BSLs,building or an elementof a building complies with this SBSs

Act, the building regulations or any documentapplied,

adopted or incorporated in the building regulations

s Function of being consulted by Building Appeals Board LBI1,

162(1)(a)(iii) BSLs, 16 | Page 12 August 2020


Building Act 1993


and (c) SBSs

s 176A(g) Powerto request that a registered building practitioner LBI1,

or, in the case of a registered body corporate, the BSLs,nomineedirector of the registered building practitioner, SBSsproducetheircertificate of registration for inspection

s 1870 Powerto request a licensed building employee to LBI1, Note: this amendmentis not

producetheirlicence certificate for inspection BSLs, yet in force and will commenceSBSs on 1 September2020, unless

proclaimedearlier

s 188AA(3) Duty to comply with any relevant direction issued under LBI1,

s 188AA(1) in carrying out a function under the Building BSAs,Act 1993 and Building Regulations 2018 BSLs,

SBSs

s.205H(2) Powerto considerbuilding permit application pending N/Apaymentof the building permit levy

s.205H(3) Duty to refuse building permit application if the N/A

circumstances described in s 205(3)(a) - (c) apply

s.2051(1) Duty to estimate the cost of the building work and LBI1, Wherethe municipal building

without delay give the VBA and applicant written notice BSAs, surveyoris the relevant

of the estimate BSLs, building surveyor

SBSs

s 2051(2) Duty to estimate the cost of the whole of the building LBI1, Where the municipal buildingwork, estimate the costof the stage of the building BSLs, surveyoris the relevant

workand, without delay, give the VBA and applicant SBSs building surveyorwritten notice of the matters specified in s 2051(3)

s.205J(1) Duty to keep certain records, make those records LBI1,available, forward the amounts received to the VBA BSLs,

and give periodic returns to the VBA SBSs

s.205J(2) Powerto apply to the VBAfor exemption from the N/A

requirements of s.205J(1)(d)

s.205M Duty to follow a direction given by the VBA N/A

s.205M(4) Powerto make submissions to the VBA about the N/Aproposed direction or recommendation

s.205M(5) Function of receiving a copy of a direction or N/A



Building Act 1993


recommendation from the VBA

s.216C(1)(a) Function of issuing building permits where appointed N/Afor land outside the municipaldistrict

s.216C(1)(b) Function of carrying out inspections of buildings and N/A

building work underpart 4 where appointed for land

outside the municipal district

s.216C(1)(c) Function of issuing occupancy permits and temporary N/A

approvals under part 5 where appointed for land

outside the municipal district

s.216(3) Powerto usethetitle of municipal building surveyor in N/A Powerof a MBSappointed

carrying out functions under s 216 of the Act under s216C(1) of the Act in

respectof land outside the

municipal district

s.216C(2) & Powerto carry out outside the municipal district any N/A Powerof a MBS appointed

(4) function, other than those specified in s 216C(1), under s216C(1) of the Actin

conferred on a private building surveyorby this Act or respectof land outside the

the regulations municipal district

s.225(d) Duty to assist the Minister and obeyall directions given LBI1,

by the Minister in the exercise of any of the powers of BSLs,

the Minister under s 224 SBSs

$.227E(1) Powerto inspect, either separately orjointly with chief LBI1,

officer, any safety or emergencyinstallations, BSAs,

equipmentor services or any recordsorreports BSLs,

relating to the operation and maintenanceof any safety SBSs

or emergencyinstallations, equipmentor services

$.227E(2) Function of receiving from chief officer a report of an LBI1,

inspection by the chief officer under s 227E(1) BSLs,

SBSs

8.227E(3) Duty to ensure that ownerof building or place of public LBI1,entertainment that has been inspected under s 227E(1) BSLs,

is provided with inspection report signed by the MBS, SBSs

within 10 business days of inspection

s 228A(1) Powerto authorise a personto exerciseall or any of N/A

the powers underPart 13 Division 2 wheresatisfiedthat the person to be authorised is appropriately

qualified or has successfully completed appropriate

training



Building Act 1993


S 228A(3) Powerto authorise a personto exerciseall or any of N/Athe powers underPart 13 Subdivision 4 wheresatisfied

that the personto be authorised is appropriatelyqualified or has successfully completed appropriate

training

s 228B(1) Duty to issue documentation that complies with s N/A

228B(4) to a person authorised by the MBS under s

228A

s 234E(2) Powerto apply for an injunction MBS

$.236(7) Function of providing consent to remove or deface an LBI1,order or notice put up under ss 236(4) or 236(4A) BSLs,

SBSs

$.238(1) Powertorely oncertificate by a registered building LBI1, Note: this amendmentis not

practitioner in a prescribed category, class of BSLs, yetin force and will commencepractitioners or an endorsedbuilding engineer that SBSs on 1 July 2021, unless

building work or proposedbuilding work of a prescribed proclaimed earlierclass complies with any provision of the Building Act

1993 or the regulations

sch 2, cl 2(1) Powerto require applicant to provide additional LBI1,

information or documents or to amend application BSAs,

before dealing with or dealing further with application BSLs,

SBSs

sch 2, cl 3(1) Powerto refuse application if additional information or LBI1,

documentor amendedapplication is not supplied BSLs,

within the time specified SBSs

sch 2, cl 3(2) Duty to give applicant 30 daysnotice in writing of LBI1,intention to refuse application BSLs,

SBSs

sch2, cl 4(1) Duty to not decide an application that is required by LBI1,

this Act or regulations to be reported on or consented BSLs,to, without obtaining report or consent from the SBSsreporting authority

sch 2, cl 4(2) Duty to give copy of application to each reporting LBI1,

authority within prescribed time BSLs,SBSs

sch 2, cl 4(3) Duty to forward to a reporting authority with the copy of LBI1,

an application, any fees paid to the building surveyor BSLs,

underclause 1(e) SBSs



Building Act 1993


sch 2, cl 5(3) Powernotto obtain a report or consent from a LBI1,

reporting authority if the applicantnotifies that they BSLs,have applied for or intends to apply for that report or SBSs

consent, or supplies a copy of the report madein the

last 12 months orof the consent

sch 2, cl 6(1) Powerto proceedto decide an application without a LBI1,

report being obtainedif a copy of the report is not BSLs,

supplied by the reporting authority (other than a SBSs

Council or an officer of a Council) within the prescribed

time

sch2,cl Powerto proceed to decide an application without a LBI1,

6A(2) report being obtained if a copy of the report is not BSLs,

supplied by a responsible authority under the Planning SBSsand Environment Act 1987 within the prescribed time

sch 2, cl 7(1) Duty to consider any report of a reporting authority LBI1,supplied under Schedule 2 before deciding the relevant BSLs,

application for a permit SBSs

sch 2, cl 7(2) Duty to implement recommendations of a prescribed LBI1,

reporting authority in relation to a prescribed matter in BSLs,deciding application SBSs

sch 2, cl 7(3) Powerto not implement any of the recommendationsin LBI1,

a report by a reporting authority, except as provided BSLs,

undercl 7(2) SBSs

Domestic Building Contracts Act 1995

Provision Powers and Functions Delegated Delegate Conditions and

Limitations

s48R Function of receiving details of alleged contraventions of LBI1, BSLs,building legislation SBSs

Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020


s 112(3) Duty to comply with a notice under s 112(2) N/A





r13(1) Duty to determinethe classification of a building LBI1, Where the municipal building surveyor

whenperforming a function underthe Act or the BSLs, is the relevant building surveyorRegulations SBSs

r 13(2) Dutyto classify the building as belonging to the LBI1, Wherethe municipal building surveyor

class it most closely resembles BSLs, is the relevant building surveyor

SBSs

r 25(3) Powerto reasonably require additional copies of LBI1, Wherethe municipal building surveyor

documentssetoutin r 25(1) BSAs, is the relevant building surveyor

BSLs,

SBSs

r 26(2) Powerto reasonably require additional copies of LBI1, Where the municipal building surveyordocumentssetout in r 26(1) BSAs, is the relevant building surveyor

BSLs,

SBSs

r27 Powerto exemptan application for a building LBI1, Wherethe municipal building surveyorpermit in respect of building work from any BSLs, is the relevant building surveyor

requirement underrr 25 or 26 SBSs

r29 Powerto request additional information to LBI1, Wherethe municipal building surveyor

accompanyapplication for permit BSAs, is the relevant building surveyorBSLs,

SBSs

r36A Powerto examine an extract of the major LBI1, Wherethe municipal building surveyor

domestic building contract and a copyof the BSAs, is the relevant building surveyorcertificate of insurance BSLs,

SBSs

r 37(3) Dutyto include the things specified in rr 37(3)(a) LBI1, Where the municipal building surveyor

and 37(3)(b) on the building permit BSAs, is the relevant building surveyorBSLs,

SBSs

r38 Duty to documentdetermination of performance LBI1, Wherethe municipal building surveyor

solution BSLs, is the relevant building surveyor

SBSs

r39 Duty to provide copyof building permit LBI1, Wherethe municipal building surveyor

BSLs, is the relevant building surveyor

SBSs

r42 Function of being notified of changes by the LBI1, Where the municipal building surveyor

ownerofa building or land to which a building BSLs, is the relevant building surveyor

permit relates SBSs





r43 Function of being notified of any changein the LBI1, Wherethe municipal building surveyor

nameor addressofthe building practitioner BSLs, is the relevant building surveyorspecified in the permit SBSs

r47 Duty to provide information to the VBAin the LBI1, Where the municipal building surveyor

approved form within 7 days after the end of each BSAs, is the relevant building surveyor

month BSLs,

SBSs

r56 Dutyto give notice of an imminent lapse of LBI1, Where the municipal building surveyor

building permit - commencementof work BSAs, is the relevant building surveyor

BSLs,SBSs

r57 Duty to give notice of an imminent lapse of LBI1, Where the municipal building surveyor

building permit — completion of work BSAs, is the relevant building surveyor

BSLs,SBSs

r58 Duty to cause a copyofthe notice of imminent LBI1, Where the municipal building surveyor

lapse of building permit to be provided BSAs, is the relevant building surveyor

BSLs,

SBSs

r 59(1) Function of receiving an application for an LBI1, Wherethe municipal building surveyor

extension of the commencementdate or the BSAs, is the relevant building surveyor

completion date of building work BSLs,SBSs

r 59(3) Powerto extend the commencementdate or LBI1, Wherethe municipal building surveyor

completion date of the building work BSLs, is the relevant building surveyor

SBSs

r 59(4) Dutyto notify the applicantif an extension is LBI1, Where the municipal building surveyor

granted underr.59(3) without delay BSLs, is the relevant building surveyor

SBSs

r 60(1) Function of receiving an application LBI1, Wherethe municipal building surveyorBSAs, is appointed by the relevant Council

BSLs,SBSs

r62 Powerto request more information LBI1,

BSAs,BSLs,

SBSs

r 63(1) Powerto refuse an application if information not LBI1,

BSLs,





provided SBSs

r 63(2) Duty, before refusing an application underr.63(1) LBI1,

to give the applicant 30 daysnoticein writing of BSLs,the municipal building surveyor's intention to SBSs

refuse the application

r 64(1) Powerto determine or refuse to determine thata LBI1, On receiving an application under r

combinedallotment can be treated as one BSLs, 60(1)

allotmentfor the purposesof the Building Act SBSs

1993 and the Regulations

r 64(4) Duty to give a copyof the determination to the LBI1,

applicant BSLs,

SBSs

r 64(5) Duty to notify the applicant of refusal to make a LBI1,

determination BSLs,

SBSs

r 66(1) Powerto revoke a determination LBI1,

BSLs,

SBSs

r 66(2) Duty to give each ownerofland in the combined LBI1,allotment written notice of the revocation BSLs,

SBSs

r111(1) Powerto determineif protection work is required LBI1, Wherethe municipal building surveyor

BSAs, is the relevant building surveyorBSLs,

SBSs

r111(2) Duty to determine whether protection work is LBI1, Wherethe municipal building surveyor

required whendeciding an application for a BSLs, is the relevant building surveyorbuilding permit in relation to proposedbuilding SBSs

work

r111(3) Powerto, at any time, determine that protection LBI1, Wherethe municipal building surveyor

workis required BSLs, is the relevant building surveyorSBSs

r111(5) Duty to provide a copyof the determination within LBI1, Wherethe municipal building surveyor7 days after making a determination under r 111 BSLs, is the relevant building surveyor

SBSs

r112 Duty to have regard to the items in rr 112(a) — LBI1, Where the municipal building surveyor112(i) when determining if protection work is BSLs, is the relevant building surveyor





required SBSs

r 116(1) Powerto require precautions to be taken before LBI1, Where the municipal building surveyor

and during building work to protect the safety of BSAs, is the relevant building surveyorthe public BSLs,

SBSs

r 116(2) Duty to approve the precautions made underr LBI1, Where the municipal building surveyor

116(1) BSAs, is the relevant building surveyor

BSLs,

SBSs

r Powerto inspect and approve precautionary LBI1, Where the municipal building surveyor

117(1)(a) measures BSAs, is the relevant building surveyor

BSLs,

SBSs

r Powerto direct the hours during which any LBI1, Wherethe municipal building surveyor

117(1)(b) external wall on or within 3 m ofa street BSLs, is the relevant building surveyoralignment may be pulled down SBSs

r Powerto require protective outriggers to be LBI1, Where the municipal building surveyor

117(1)(c) installed BSLs, is the relevant building surveyor

SBSs

r117(2) Powerto exempt minor demolition work from the LBI1, Where the municipal building surveyor

requirements of r 117(1) BSLs, is the relevant building surveyor

SBSs

r 118(2) Powerto exempt requirementthat all water be LBI1, Wherethe municipal building surveyorremovedor diverted from excavations before the BSAs, is the relevant building surveyorlaying of footings BSLs,

SBSs

r119(1) Powerto require the ownerof an allotment to LBI1,provide retaining walls or other means of BSLs,

maintaining the stability of the soil SBSs

r 120(1) Powerto require that the ownerorbuilder LBI1, Wherethe municipal building surveyor

carrying out building work,for which a building BSLs, is the relevant building surveyorpermit has been issued, arrangefor the testing of SBSsany material used in the building work

r 120(2) Powerto, as a result of the tests, prohibit the use LBI1, Wherethe municipal building surveyor

of any material which meetsthecriteria in rr BSLs, is the relevant building surveyor120(2)(a) and 120(2)(b) SBSs

rq21 Duty not to determine that a performancesolution SBSs Wherethe municipal building surveyor 24 | Page 12 August 2020




complies with a fire performance requirementof is the relevant building surveyor

the BCA unless the municipal building surveyormeets the criteria in rr 121(a) — 121(h)

r124(2) Function of receiving a copy of the record LBI1, Where the municipal building surveyorprepared underr 124(1) from a registered BSLs, is the relevant building surveyor

building practitioner SBSs

r 127(b) Function of inspecting the recordsofall pile- LBI1, Where the municipal building surveyor

driving operations BSLs, is the relevant building surveyor

SBSs

r127(c) Function of receiving the complete records of the LBI1, Where the municipal building surveyorpile-driving operations BSLs, is the relevant building surveyor

SBSs

r Powerto determineif used timber is suitable to LBI1, Where the municipal building surveyor

128(2)(d) be usedfor structural purposes BSAs, is the relevant building surveyorBSLs,

SBSs

r 129(3) Duty to forward details of the installationoffire LBI1, Where the municipal building surveyorsprinklers to the chief officer when a building BSAs, is the relevant building surveyor

permit is issued which involvestheinstallation of BSLs,

fire sprinklers and the installation does not meet SBSs

the deemed-to-satisfy provisions of the BCA

r131 Powerto require a report from the relevant LBI1, Wherethe municipal building surveyor

electricity supply authority as to whether an BSAs, is the relevant building surveyorelectricity sub-station is necessary on the BSLs,

allotment and, if so, the size and location ofthe SBSs

sub-station If an application is madefor a building

permit for the construction of a building

r 133 Powerto approve the design of every stormwater LBI1, Where the municipal building surveyordrainage system to the point of discharge from an BSLs, is the relevant building surveyor

allotment SBSs

r147Y(1) Duty to issue a certificate of pool and spa barrier LBI1, Where the municipal building surveyor

compliance and give the certificate to the owner BSLs, is the relevant building surveyorof the land in which the swimming pool orspa is SBSs

located if satisfied that the barrier complies with

the applicable barrier standard

r 147Y(3) Powerto issue a certificate of pool and spa LBI1, Where the municipal building surveyor

barrier compliance underr 147Y at any time BSLs, is carrying out functions underPart 8 or

acting as an authorised person under s





SBSs 228 of the Building Act 1993

r Duty, on the completion of the building work,to LBI1, Where the municipal building surveyor

147ZB(1) inspect the barrier and determineif the barrier BSLs, is the relevant building surveyor

complies with the applicable barrier standard SBSs

r Dutyto issue a certificate of pool and spa barrier LBI1, Wherethe municipal building surveyor

147ZB(2) compliancein the form of Form 23 and give the BSLs, is the relevant building surveyorcertificate to the ownerof the land on which the SBSsswimming poolor spais located

r Powerto serve a barrier improvementnotice in LBI1,

147ZK(1) accordance with r 147ZK(2) on the ownerof the BSLs,

land on which the swimming poolorspais SBSs

located

r 156 Duty to acceptthe bushfire attack level in the LBI1, Wherethe municipal building surveyor

planning schemeorsite assessmentfor planning BSLs, is the relevant building surveyorpermit SBSs

r 157 Duty to accept bushfire attack level of 12.5 LBI1, Where the municipal building surveyor

BSLs, is the relevant building surveyorSBSs

r 165 Duty not to determine that a performancesolution LBI1, Wherethe municipal building surveyor

complies with performance requirement P2.7.6 of BSLs, is the relevant building surveyor

the BCA Volume Two unlessthe relevant building SBSs

surveyorrelies on oneofthe itemsset out in rr165(a) — 165(d)

r170 Powerto omit a mandatory notification stage set LBI1, Where the municipal building surveyor

out in r 167 for building work if that stage is not BSLs, is the relevant building surveyorrelevant to the building work SBSs

r171 Duty to specify the mandatory notification stages LBI1, Wherethe municipal building surveyor

for building work determined underrr 167, 168, BSLs, is the relevant building surveyor169 and 170in the building permit issued for that SBSs

building work

r172(1) duty to causeto be inspected the building work in SBSs wherethe municipal building surveyoris

eachstorey of a Class2, 3 or 4 building the relevant building surveyor

r 172(2) Duty to causeto be inspected at least one of SBSs Wherethe municipal building surveyor

eachtypeoffire protection method for each type is the relevant building surveyor

of service penetration to any building elementthat

is required to resist the spread of fire or smoke on 26 | Page 12 August 2020




eachstorey of a Class 2, 3, 4, 9a or 9c building

r175 Duty to keep and makeavailable directions to fix LBI1, Wherethe municipal building surveyorbuilding work BSLs, is the relevant building surveyor

SBSs

r191 Duty to decide an application to amend an LBI1,

occupancypermit within the time periods set out BSLs,

in rr 191(a) and 191(b) SBSs

r 193 Duty to provide copy of an occupancy permit to LBI1, Wherethe municipal building surveyor

the applicant within 7 days after issuing the permit BSAs, is the relevant building surveyor

BSLs,

SBSs

r194(1) Duty to ensure that an occupancy permit issued LBI1, Wherethe municipal building surveyor

in relation to a building or place of public BSLs, is the relevant building surveyor

entertainment specifies the items set out in rr SBSs

194(1)(a) — 194(1)(c)

r Powerto determine the level of performance that LBI1, Wherethe municipal building surveyor

194(1)(b) each essential safety measure must achieve to BSLs, is the relevant building surveyor

fulfil its purpose SBSs

r 194(2) Duty to specify the provision of the Regulations LBI1, Wherethe municipal building surveyorwith whichthe installation and operation of the BSLs, is the relevant building surveyoressential safety measure must comply, which SBSs

sets out the frequency and typeof inspection,

testing and maintenancerequired for theessential safety measure

r 198(1) duty to ensure that a location approved within a LBI1, Wherethe municipal building surveyor

building for the purposesof r 197 is ina BSLs, is the relevant building surveyor

prominentposition and is accessible to the SBSs

occupantsofthe building

Subjectto r 198(3)

r 198(2) Duty to ensurethat a location approved within a LBI1, Wherethe municipal building surveyorplace of public entertainment for the purposes of r BSAs, is the relevant building surveyor

197 is in a prominent position and is accessible to BSLs,

the public SBSs

r 199(2) Powerto request a copy of any current LBI1,

occupancypermit BSAs,

BSLs,

SBSs

r 201(1) Dutyto notify the chief officer within 10 days after LBI1, Where the municipal building surveyor 27 | Page 12 August 2020




issuing the certificate of the items set out in rr BSLs, is the relevant building surveyor

201(1)(a) and 201(1)(b) SBSs

r 201(2) Duty to notify the chief officer of the issue of the LBI1, Wherethe municipal building surveyor

certificate within 10 daysafter issuing the BSLs, is the relevant building surveyor

certificate SBSs

r 205 Duty to supply information to Council LBI1, Where the municipal building surveyor

BSLs, is the relevant building surveyor

SBSs, MBS

r211(2) Duty to have regard to the qualifications LBI1, Wherethe municipal building surveyor

published underr 211(1) BSLs, is the relevant building surveyorSBSs

r 214(b) Powerto designate an item as an essential safety LBI1, Where the municipal building surveyormeasure BSAs, is the relevant building surveyor

BSLs,

SBSs

r 215(2) Duty to determine and specify in the LBI1, Where the municipal building surveyor

determination the items set out in rr 215(2)(a) — BSLs, is the relevant building surveyor

215(2)(c) SBSs

r 218(2) Duty to prepare or update a maintenance LBI1, Wherethe municipal building surveyor

schedule so that it complies with r 222 BSLs, is the relevant building surveyorSBSs

r 218(3) Powerto request documents,from the ownerof a LBI1, Wherethe municipal building surveyorbuilding or place of public entertainment, when BSAs, is the relevant building surveyor

preparing or updating a maintenance schedule BSLs,

underr 218(2) SBSs

r219(1) Function of receiving an application for the LBI1,

preparation of a maintenance schedule that BSLs,

complies with r 222 SBSs

r 219(2) Functionof receiving all documents referred toin LBI1,

r 225 relating to essential safety measuresfor the BSAs,building or place BSLs,

SBSs

r 220 Powerto prepare a maintenance schedule in LBI1, If the ownerofthe building or place hasrelation to a building or place of public BSLs, applied in accordancewith r 219 for

entertainment that complies with r 222 SBSs such a maintenance schedule to be

prepared 28 | Page 12 August 2020




r221 Duty to provide a copyof the maintenance LBI1,

schedule to the ownerofthe building or place BSLs,without delay SBSs

r 225 Powerto request documentsrelating to essential LBI1,

safety measures BSLs,SBSs

r 229(2) Powerto exempt a building or place of public LBI1,entertainment from compliance with any of these BSLs,

Regulations applicable to the new use SBSs

r 229(3) Duty, when deciding whetherto grant an LBI1,

exemption under r 229(2), to take into account the BSLs,criteria set out in rr 229(3)(a) and 229(3)(b) SBSs

r 231(2) Powerto exempt a building from all or any of the LBI1,requirements of r 231(2) BSLs,

SBSs

r 231(3) Duty, when deciding whetherto grant an LBI1,exemption under r 231(2), to take into account the BSLs,

criteria set out in rr 231(3)(a) and 231(3)(b) SBSs

r 233(3) Powerto consentto partial compliance of building LBI1, Where the municipal building surveyorwork or an existing building with rr 233(1) or BSLs, is the relevant building surveyor

233(2) SBSs

Subject to r 233(6)

r 233(6) Powerto only consentto partial compliance in LBI1, Where the municipal building surveyorrespect ofthe extensionif the floor area of the BSLs, is the relevant building surveyor

extension is not greater than the lesser of those in SBSs

rr 233(6)(a) and 233(6)(b)

r 234(2) Powerto consentto partial compliance of a LBI1, Wherethe municipal building surveyorbuilding with r 234(1) BSLs, is the relevant building surveyor

SBSs

r 268 Power, whenissuing a permit for building work LBI1, Where the municipalbuilding surveyor

referred to in s 24B(3) of the Building Act 1993, BSLs, is the relevant building surveyor

not to be required to be satisfied that the building SBSsworkis to be carried out by a builder whois a

registered bullding’practitionsy If the building workis to be carried outby a builder whois solely engagedinthe business of constructing Class 10

buildings other than a Class 10b


structure constructed for the purpose of

displaying a sign


Ararat Rural CityCouncil InstrumentofDelegation ...

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