Part A3 Application of the NCC in States and Territories
Introduction to this Part
This Part explains applying the NCC in accordance with State or Territory legislation. The NCC has legal effect through references in relevant State and Territory building and plumbing legislation.
Although the NCC is a nationally consistent code, there are some situations where a State or Territory enforce a variation, addition or deletion to it. This Part also explains how these variations, additions and deletions apply.
A3.0 State and Territory compliance
For application within a particular State or Territory, the Volumes of the NCC comprise inclusively of—
Sections A to J and associated schedules of Volume One; and
Sections 1 to 3 and associated schedules of Volume Two; and
Sections A to E and associated schedules of Volume Three.
State or Territory variations, additions and deletions must be complied with in conjunction with the NCC.
The NCC is subject to, and may be overridden by, State or Territory legislation.
For Volumes One and Three, State and Territory variations, additions and deletions are contained in Schedule 1.
For Volume Two, State and Territory variations, additions and deletions are contained throughout the Volume and in Schedule 1.
State and Territory variations and deletions are identified throughout the NCC.
The NCC is given legal effect by building regulatory legislation in each State and Territory. This legislation consists of an Act of Parliament and subordinate legislation which empowers the regulation of certain aspects of building and plumbing, and contains the administrative provisions necessary to give effect to the legislation.
Although the NCC is a national code, in some instances it is necessary for a State or Territory to vary or apply additional requirements specific to their jurisdiction. A3.0(2) highlights that these variations, additions or deletions must be applied in conjunction with the NCC provisions. Typically, these variations, additions or deletions override the requirements contained within the NCC.
Any provision of the NCC may be overridden by, or subject to, State or Territory legislation. The NCC must therefore be read in conjunction with that legislation. Any queries on such matters should be referred to the State or Territory authority responsible for building and plumbing regulatory matters.
Where a requirement or provision of the NCC is subject to a State or Territory variation, addition, or deletion, a reference to the appropriate provision in Schedule 1 is included with that requirement or provision.