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Department of Premier and Cabinet

Local Government (General) Amendment Regulations (No.2) 2016

What are they?

These are amended regulations that have been made under the Local Government Act 1993. They amend the Local Government (General) Regulations 2015.

Why are the changes being made?

The new Building Act 2016 commences on 1 January 2017, and the Building Act 2000 will be repealed. Therefore, consequential amendments such as changing references to the old Building Act 2000 are required to keep these regulations up to date with the building changes.

When do the changes start?

The  Local Government (General) Amendment Regulations (No.2) 2016 will apply from the date the Building Act 2016 commences (1 January 2017). The amendment regulations will be published in the Tasmanian Government Gazette on 21 December 2016 and they will be available on The Law website (www.thelaw.tas.gov.au) shortly afterwards. They will commence on the 1 January 2017.

What are the main changes?

The following information outlines the main changes under the amendment regulations.

Amended Regulation 32 (Service Rate)

  • This Regulation has been amended to expand what is considered a ‘prescribed service’ for the purposes of a service rate under section 93(1)(a) of the Local Government Act 1993.
  • Specifically, clause 1(a) of Regulation 32 has been expanded to include for the management, maintenance, monitoring and auditing of such systems as onsite waste-water management systems, backflow prevention devices, swimming pool discharge treatment systems etc.

New Schedule 6 Questions - Section 337 certificates

  • Some changes to the section 337 certificate (questions 31 to 48) issued by councils under the Local Government Act 1993 have been made as a result of the commencement of the Building Act 2016. References to the Building Act 2000 in the section 337 certificate questions have been amended to the “former” Building Act to signify that it has been repealed.
  • There are four new questions included under Schedule 6 of the amendment regulations. These questions provide for details of the work that the council has been notified about and relate to the new approvals concept in the Building Act 2016 of “Notifiable Work”:
    • Question 35, in relation to a demolition permit;
    • Question 38, in relation to ‘Notifiable building work’;
    • Question 39, in relation to ‘Notifiable plumbing work’; and
    • Question 40, in relation to ‘Notifiable demolition work’.

More general information about the new Building Laws

Go to the Consumer Building and Occupational Services (Department of Justice) Website at http://www.justice.tas.gov.au/building/regulation/review