NCC 2022 Volume One - Building Code of Australia Class 2 to 9 buildings
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Footnote: Other legislation and policies affecting buildings
In addition to any applicable provisions of this Code, there are a number of other legislative technical requirements and policies affecting the design, construction and/or performance of buildings that practitioners may need to be aware of, including, but not necessarily limited to, the following list. Additional legislative instruments such as regulations, codes and standards may exist under the legislation listed.
1. Aged Care Buildings
Administering Agency
Department of Health and Aged Care
Relevant Legislation
Aged Care Act 1997
2. Australian Capital Territory
Administering Agency
Department of Finance, section 27 insofar as it relates to the declaration of land in the Australian Capital Territory to be National Land where the land is required for Commonwealth purposes other than for the special purposes of Canberra as the National Capital.
Department of Infrastructure, Transport, Regional Development, Communications and the Arts, except to the extent administered by the Minister for Finance.
Relevant Legislation
Australian Capital Territory (Planning and Land Management) Act 1988
National Capital Plan (established under the Australian Capital Territory (Planning and Land Management) Act 1988)
Administering Agency
Department of Infrastructure, Transport, Regional Development and Communications and the Arts.
Relevant Legislation
Parliament Act 1974
Australian Capital Territory National Land (Leased) Ordinance 2022
Australian Capital Territory National Land (Unleased) Ordinance 2022
3. Indian Ocean Territories
Administering Agency
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
Relevant Legislation
Christmas Island Act 1958
Cocos (Keeling) Islands Act 1955
4. Communications and Information Technology
Administering Agency
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
Relevant Legislation
Australian Postal Corporation Act 1989
National Transmission Network Sale Act 1998
Telecommunications Act 1997
Telstra Corporation Act 1991
Telecommunications (Consumer Protection and Service Standards) Act 1999
Relevant Policy
Telecommunications Infrastructure in New Development (TIND) Policy
5. Defence Buildings
Administering Agency
Department of Defence
Relevant Legislation
Defence Act 1903
Relevant Regulations
Defence Regulation 2016, Part 11A
Relevant Codes, Standards and Publications
Manual of Fire Protection Engineering
Building Works Manual
Manual of Infrastructure Engineering - Electrical
The Defence Estate Quality Management System (DEQMS) https://defence.gov.au/EstateManagement/
6. Disability Discrimination
Administering Agency
Attorney-General’s Department
Relevant Legislation
Disability (Access to Premises - Buildings) Standards 2010
Disability Discrimination Act 1992
Disability Standards for Accessible Public Transport 2002
Disability Standards for Education 2005, noting this:
- does not affect the application of premises standards to building work (including construction of a new building) undertaken as an adjustment or part of an adjustment; and
- does not require the building work to meet specifications more onerous than those required by the premises standards.
7. Environment
Administering Agency
Department of Climate Change, Energy, the Environment and Water
Relevant Policy
Energy Efficiency in Government Operations (2007)
Relevant Legislation
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Regulations 2000
8. Federal Airports
Administering Agency
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
Relevant Legislation
Airports Act 1996
Airports Regulations 1997
Airports (Building Control) Regulations 1996
Airports (Control of On-Airport Activities) Regulations 1997
Airports (Environmental Protection) Regulations 1997
Airports (Protection of Airspace) Regulations 1996
9. Jervis Bay Territory
Administering Agency
Department of Infrastructure, Transport, Regional Development, Communications and the Arts
Relevant Legislation
Jervis Bay Territory Acceptance Act 1915
10. Occupational Health and Safety
Administering Agency
Department of Employment and Workplace Relations
Relevant Legislation
Work Health and Safety Act 2011
Work Health and Safety Regulations 2011
11. Australian Antarctic Territory
Administering Agency
Department of Climate Change, Energy, the Environment and Water (Australian Antarctic Division)
Relevant Legislation
Antarctic Treaty (Environment Protection) Act 1980
Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993
Antarctic Treaty (Environment Protection) (Waste Management) Regulations 1994
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Regulations 2000
12. Territory of Heard Island and McDonald Islands
Administering Agency
Department of Climate Change, Energy, the Environment and Water (Australian Antarctic Division)
Relevant Legislation
Environment Protection and Management Ordinance 1987 (HIMI)
Environment Protection and Biodiversity Conservation Act 1999
Heard Island and McDonald Islands Marine Reserve management plan in operation under the Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Regulations 2000
13. National or World Heritage Places
Administering Agency
Department of Climate Change, Energy, the Environment and Water
Relevant Legislation
Environment Protection and Management Ordinance 1987 (HIMI)
Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993
Environment Protection and Biodiversity Conservation Act 1999
Heard Island and McDonald Islands Marine Reserve management plan in operation under the Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Regulations 2000
14. National Parks
Administering Agency
Director of National Parks, Climate Change, Energy, the Environment and Water Portfolio
Relevant Legislation
Commonwealth Reserve management plans in operation under the Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Regulations 2000
15. Commonwealth funding for building work
Administering Agency
Department of Employment and Workplace Relations
Australian Building and Construction Commission (ABCC)
Office of the Federal Safety Commissioner (OFSC)
Relevant Legislation
Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) (See Notes 1, 2 and 3)
- Code for the Tendering and Performance of Building Work 2016 (Building Code 2016)
- Building and Construction (Improving Productivity) (Accreditation Scheme) Rules 2019 (WHS Accreditation Scheme)
- Building and Construction Industry (Improving Productivity) (Federal Safety Officers) General Directions 2017
16. Commonwealth buildings
Administering Agency
Department of Employment and Workplace Relations
Office of the Federal Safety Commissioner
Relevant Legislation
Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) (See Notes 1, 2 and 3)
Building and Construction (Improving Productivity) (Accreditation Scheme) Rules 2019
Building and Construction Industry (Improving Productivity) (Federal Safety Officers) General Directions 2017
Notes
- The BCIIP Act is concerned with the regulation of Workplace Relations in the building industry, it also establishes the Australian Building and Construction Commission (ABCC) (as the workplace relations regulator for the industry) and the Office of the Federal Safety Commissioner (OFSC).
- The BCIIP Act legislates additional requirements for those building contractors undertaking Commonwealth funded building work through the Building Code 2016, regulated by the ABCC, and the Work Health and Safety Accreditation Scheme (WHS Accreditation Scheme), administered by the OFSC. Of direct relevance to the NCC: Provisions in BCIIP Act include a requirement that the Federal Safety Commissioner audits building contractors’ compliance with the NCC in relation to building materials, which is a condition of accreditation under the WHS Accreditation Scheme.
- The Australian Government has committed to abolish the ABCC and the Building Code 2016. To achieve this, the Government has introduced the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill) which would repeal provisions of the BCIIP Act that provide for the ABCC and the Building Code 2016. The Bill would also retain provisions of the BCIIP Act that provide for the OFSC and the WHS Accreditation Scheme in a renamed Act, the Federal Safety Commissioner Act 2022. Builders undertaking Commonwealth-funded building work would still be required to comply with the NCC.