NCC 2019 Volume One Amendment 1
Footnote: Other legislation and policies affecting buildings

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

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, Regional Development and Cities, 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, Regional Development and Cities

Relevant Legislation

Parliament Act 1974

National Land Ordinance 1989

3. Indian Ocean Territories

Administering Agency

Department of Infrastructure, Regional Development and Cities

Relevant Legislation

Christmas Island Act 1958

Cocos (Keeling) Islands Act 1955

4. Communications and Information Technology

Administering Agency

Department of 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

Requirements for the Provision of Disabled Access and other Facilities for People with a Disability in Defence

Heating, Ventilation and Air Conditioning Policy

Microbial Control in Air Handling and Water Systems of Defence Buildings

Building Energy Performance Manual

Manual of Infrastructure Engineering - Electrical

Manual of Infrastructure Engineering - Bulk Fuel Installation Design

Defence Communications Cabling Standard

Defence Training Area Management Manual

Defence Safety Manual

Defence Security Manual

Defence Explosive Ordinance Publications

The Defence Estate Quality Management System (

http://www.defence.gov.au/estatemanagement/governance/policy/principlesdevelopment/default.asp) contains further requirements including the principles of development, zone planning, site selection, engineering requirements and environmental impact assessment and approval requirements.

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

7. Environment

Administering Agency

Department of the Environment and Energy

Relevant Legislation

Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation Regulations 2000

Relevant Policy

Energy Efficiency in Government Operations (2007)

8. Federal Airports

Administering Agency

Department of Infrastructure, Regional Development and Cities

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, Regional Development and Cities

Relevant Legislation

Jervis Bay Territory Acceptance Act 1915

10. Occupational Health and Safety

Administering Agency

Department of Jobs and Small Business

Relevant Legislation

Work Health and Safety Act 2011

Work Health and Safety Regulations 2011

11. Australian Antarctic Territory

Administering Agency

Department of the Environment and Energy (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 the Environment and Energy (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 the Environment and Energy

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, Environment and Energy 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 Jobs and Small Business

Relevant Legislation

Building and Construction Industry (Improving Productivity) Act 2016

Building and Construction Industry (Improving Productivity) Regulations 2017

Building and Construction Industry (Consequential and Transitional Provisions) Act 2016

Fair Work (Building Industry - Accreditation Scheme) Amendment Regulation 2014

Building Code 2013 (issued under Section 27 of the Fair Work (Building Industry) Act 2012)

16. Commonwealth buildings

Administering Agency

Department of Jobs and Small Business

Relevant Legislation

Building and Construction Industry (Improving Productivity) Act 2016

Building and Construction Industry (Improving Productivity) Regulations 2017

Building and Construction Industry (Consequential and Transitional Provisions) Act 2016

Fair Work (Building Industry - Accreditation Scheme) Amendment Regulation 2014

Building Code 2013 (issued under Section 27 of the Fair Work (Building Industry) Act 2012)