NCC 2016 Volume One
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Footnote: Other Legislation Affecting Buildings
Footnote: OTHER LEGISLATION AFFECTING BUILDINGS
In addition to any applicable provisions of the Environmental Planning and Assessment Act 1979, the Environmental Planning and Assessment Regulation 2000 and this Code, there is a variety of other regulatory provisions, including legislation, regulation and departmental policies that impose requirements affecting the design, construction and/or performance of buildings in NSW.
The following is a non-definitive list of such provisions. It does not include Commonwealth provisions that may apply in NSW, nor planning and environmental standards that may impose building requirements in individual circumstances. It is meant as an indicative guide only and is not to be relied upon in any way as a substitute for further research, investigation and legal advice needed to determine building standards in individual circumstances.
1. Abattoirs, Knackeries and Meat Premises
1.1
Administering Agency
NSW Food Authority
Relevant Legislation
Food Regulation 2010
2. Boarding Houses
2.1
Administering Agency
Department of Family and Community Services – Ageing, Disability and Home Care
Relevant Legislation
Boarding Houses Regulation 2013
3. Children’s Services
3.1
Administering Agency
NSW Department of Education
Relevant Legislation
Children (Education and Care Services National Law Application) Act 2010
Children (Education and Care Services) Supplementary Provisions Regulation 2012
4. Crematoria, Vaults, Mortuary Churches etc.
4.1
Administering Agency
NSW Ministry of Health
Relevant Legislation
Public Health Regulation 2012
5. Crown Land — Construction Approval
5.1
Administering Agency
Department of Primary Industries – Lands
Relevant Legislation
Crown Lands Act 1989
Crown Lands Regulation 2006
5.2
Administering Agency
NSW Rural Fire Service
Relevant Legislation
Rural Fires Act 1997
6. Dairies
6.1
Administering Agency
NSW Food Authority
Relevant Legislation
Food Regulation 2010
7. Dangerous Goods (including Gas Installations)
7.1
Administering Agency
Department of Industry, Skills and Regional Development – Resources and Energy
Relevant Legislation
Explosives Regulation 2013
Gas Supply Act 1996
Gas Supply (Safety and Network Management) Regulation 2013
7.2
Administering Agency
WorkCover Authority of NSW
Relevant Legislation
Explosives Regulation 2013
Work Health and Safety Regulation 2011
7.3
Administering Agency
NSW Fair Trading
Relevant Legislation
Gas Supply (Consumer Safety) Regulation 2012
8. Dining Rooms and Bars
8.1
Administering Agency
NSW Food Authority
Relevant Legislation
Food Regulation 2010
9. Electrical Installations
9.1
Administering Agency
NSW Fair Trading
Relevant Legislation
Electricity (Consumer Safety) Regulation 2015
Electricity (Consumer Safety) Act 2004
9.2
Administering Agency
WorkCover Authority of NSW
Relevant Legislation
Work Health and Safety Regulation 2011
10. Fire Prevention in Existing Buildings
10.1
Administering Agency
Department of Planning and Environment
Relevant Legislation
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
11. Food Premises
11.1
Administering Agency
NSW Food Authority
Relevant Legislation
Food Regulation 2010
12. Foundries
12.1
Administering Agency
Department of Industry, Skills and Regional Development – Resources and Energy
Relevant Legislation
Gas Supply Act 1996
12.2
Administering Agency
WorkCover Authority of NSW
Relevant Legislation
Work Health and Safety Regulation 2011
13. Historic Buildings
13.1
Administering Agency
Office of Environment and Heritage
Relevant Legislation
Heritage Regulation 2012
14. Hospitals, Nursing Homes and Health Care Buildings
14.1
Administering Agency
NSW Ministry of Health
Relevant Legislation
Private Health Facilities Regulation 2010
Poisons and Therapeutic Goods Regulation 2008
15. Hot or Warm Water Systems and Air Handling Systems
15.1
Administering Agency
NSW Ministry of Health
Relevant Legislation
Public Health Regulation 2012
16. Lift Installations
16.1
Administering Agency
WorkCover Authority of NSW
Relevant Legislation
Work Health and Safety Regulation 2011
17. Moveable Dwellings (in Caravan Parks)
17.1
Administering Agency
Office of Local Government
Relevant Legislation
Local Government Act 1993
17.2
Administering Agency
Department of Planning and Environment
Relevant Legislation
Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005
18. Work Health and Safety
18.1
Administering Agency
WorkCover Authority of NSW
Relevant Legislation
Work Health and Safety Regulation 2011
19. Pharmacies
19.1
Administering Agency
Pharmacy Council of New South Wales
Relevant Legislation
Health Practitioner Regulation National Law (NSW)
Health Practitioner Regulation (New South Wales) Regulation 2010
20. Planning Controls
20.1
Administering Agency
Department of Planning and Environment
Relevant Legislation
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
21. Premises for Activities Involving Skin Penetration
21.1
Administering Agency
NSW Ministry of Health
Relevant Legislation
Public Health Regulation 2012
22. Sanitary Plumbing, Water Supply and Sewerage
22.1
Administering Agency
Office of Local Government
Relevant Legislation
Local Government Act 1993
Local Government (General) Regulation 2005
22.2
Administering Agency
NSW Fair Trading
Relevant Legislation
Plumbing and Drainage Act 2011
Plumbing and Drainage Regulation 2012
Approval to Connect to Network Utility Operator's System
Refer to the Network Utility Operator for the current Act & Regulation
Hunter Water Act 1991
Sydney Water Act 1994
Water Industry Competition Act (WICA) 2006
23. Septic Tank Installations
23.1
Administering Agency
Office of Local Government
Relevant Legislation
Local Government Act 1993
Local Government (General) Regulation 2005
24. Sleeping Accommodation
24.1
Administering Agency
NSW Ministry of Health
Relevant Legislation
Public Health Regulation 2012
25. Smoking Restrictions
25.1
Administering Agency
NSW Ministry of Health
Relevant Legislation
Smoke Free Environment Regulation 2007
Smoke-free Environment Act 2000
Public Health (Tobacco) Act 2008
26. Subdivision of Buildings
26.1
Administering Agency
Department of Finance, Services and Innovation – Land and Property Information
Relevant Legislation
Conveyancing Act 1919
Conveyancing (General) Regulation 2013
Strata Schemes (Freehold Development) Act 1973
Strata Schemes (Freehold Development) Regulation 2012
Strata Schemes (Leasehold Development) Act 1986
Strata Schemes (Leasehold Development) Regulation 2012
Community Land Development Act 1989
Community Land Development Regulation 2007
27. Swimming Pool Fences
27.1
Administering Agency
Office of Local Government
Relevant Legislation
Swimming Pools Act 1992
Swimming Pools Regulation 2008
28. Temporary Structures
28.1
Administering Agency
Department of Planning and Environment
Relevant Legislation
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000