QUESTION
SOLUTION
Legislations and Regulations applicable to builders in South Australia
Builders in Adelaide are required to follow several legislations, regulations and codes of practices which are applicable to building and construction in South Australia. The legislations related with building construction in South Australia are:-
Building Act, 2004 which repealed the Building Act, 1972 prescribes the meaning of building construction as any work which is done is relation with the alteration, erection, or the demolition of a building which also includes the disposal of any kind of waste material generated by such activity. Similarly the definition of building includes the structure on land are attached to land. It also includes the structure attached to building, six years and other parts of the building irrespective of the fact that the building is complete or not. However here it should be noted that building does not include a crafter vehicle adapted for use as a building. Similarly transportable buildings, caravans and mobile homes which are not used for habitation for long-term have not been integrated in the meaning of building. Building approvals are required for carrying out any kind construction on land. Section 42 (1) (d) of the Act requires that the building work should be done according to the plans approved.
The Buildings and Constructions Industry Improvements Act, 2005 is also applicable in South Australia and the aim of this Act is to develop workplace relations practices in construction and building industry. The purpose of the Act is to provide a framework for improving workplace relations so that building and construction work can be carried out efficiently, productively and fairly for all the participants of the industry and also for the benefit of the economy of the country.
The Building Works Contractors Act, 1995 was introduced to regulate the building work contractors and also provides for the supervision of building work. The Act contains provisions for the licensing of building contractors and for the registration of building supervisors. According to this Act, a person who carried out the business of doing for others or a person who carries out with a view to the sale or letting of the land is also considered a building work contractor.
The Dangerous Substances Act, 1979 is aimed at regulating the handling, keeping, convenience, transporting, use and disposal and maintaining the quality of dangerous substances. The Environment Protection Act 1993 is also applicable to the builders in Adelaide. The object of this act is to promote the principles of an ecologically sustainable development. It calls for the management of the use, protection and development of the environment in such a way which enables the communities and people to provide for their future physical and economic well-being and also for the health and safety but at the same time sustaining the potential of physical and natural resources so that they can fulfill the foreseeable needs of our future generations.
Other legislations applicable to builders in South Australia include the Private Parking Areas Act 1986, Real Property 1886 and the Payroll Tax Act 1971. The Private Parking Areas Act, 1886 has been introduced to regulate, restrict or prohibit the use of private access roads, private parking areas and private walkways by the public. The Act provides special provisions regarding the enforcement of provisions which are related with private parking areas. The Real Property 1886 provides provisions to simplify the title to land and also to facilitate dealings in it. It also aims at securing indefeasibility of title in case of all registered properties except certain cases which are specified in this Act.
The Housing and Urban Development (Administrative Arrangements) Act, 1995 also applies to builders in Adelaide. The act provides for different matters which are related the public acquisition of urban development and housing and related matters in South Australia. The Retail and Commercial Leases Act, 1995 regulates the leading of some retail shops and it also amends the Landlord and Tenant Act, 1936.
The Land and Business (Sale and Conveyance) Act, 1994 is also the other regulate the sale of businesses or land and also to regulate the preparation of instruments used for conveyance of these. The Plumbers, Gas fitters and Electricians Act 1995 is there to regulate the gas fitters, electricians and plumbers and for other related purposes. This act provides for the licensing of contractors and also for the registration of workers. It emulates the obligations of the workers who are to be registered under this act. The entitlement for registration and the classes of registration are also provided in this Act. Under certain argent circumstances, the licenses of these workers can also be suspended under the provisions of this Act. The aim of this Act is to maintain discipline among these workers and the causes for disciplinary action have also been enumerated in this Act.
Besides these legislations there are several regulations that apply to the builders in South Australia. These include the Building Regulations 1972, Building Work Contractors Act Regulations, 1995, Environment Protection Regulations 1994, Fair Trading Regulations 1987, Industrial And Employee Relations Act 1994, Long Service Leave Regulations 2002, Regulations Under The Construction Industry Long Service Leave Act, 1987, Regulations Under The Payroll Tax Act 2001, The Development Act Regulations, What Is The Regulations 1999, Strata Title Regulations 2003, Regulations Under The Retail And Commercial Leases Act 1995, Regulations Under The Dangerous Substance Act 2002 And The Regulations Under The Occupational Health Safety and Welfare Act 1995.
There are certain code of practices which apply to the builders and contractors in South Australia. These include The Approved Code of Practice for Labeling of Workplace Substance, Code of Practice for the Control of Workplace Hazardous Substances, Code of Practice for Manual Handling, Code of Practice for Asbestos, Code of Practice for Occupational Health and First Aid, Code of Practice for Safe Direction of Structural Steel Work, Code of Practice for the Safe Use of Synthetic Mineral Fibers and the Code of Practice for Manual Handling.
Apart from the Codes of practice, some guidelines have also been described for the builders in South Australia. These include the Guidelines for Workplace Amenities and Accommodation, Guidelines for Drug, Alcohol and Workplace; Technical Guidelines for Workplace Electrical Safety and The Workplace Health and Safety Handbook.
All these legislations and regulations work jointly to provide safe working environment for building construction in South Australia.
References:
Building Act 2004 retrieved from http://www.legislation.act.gov.au/a/2004-11/
Building and Construction Industry Improvement Act 2005
Dangerous Substances Act 1979 Retrieved from http://www.legislation.sa.gov.au/LZ/C/A/DANGEROUS%20SUBSTANCES%20ACT%201979.aspx
Private Parking Areas Act 1986 retrieved from http://www.legislation.sa.gov.au/LZ/C/A/PRIVATE%20PARKING%20AREAS%20ACT%201986.aspx
South Australia Building Work Contractors Act 1995
South Australia Environment Protection Act 1993
South Australia Housing and Urban Development (Administrative Arrangements) Act 1995
South Australia Pay-roll Tax Act 1971
South Australia Plumbers, Gas Fitters and Electricians Act 1995
South Australia Real Property Act 1886
South Australia Retail and Commercial Leases Act 1995
Websites:
http://www.legislation.act.gov.au/a/2004-11/
http://www.legislation.act.gov.au/a/2004-11/current/pdf/2004-11.pdf
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