Occupational Licensing (Building Services Work) Regulations 2016 (Tas)

Occupational Licensing (Building Services Work) Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Occupational Licensing Act 2005 .

13 December 2016

C. WARNER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Building and Construction

PART 1 - Preliminary

1. Short title These regulations may be cited as the Occupational Licensing (Building Services Work) Regulations 2016 .

2. Commencement These regulations take effect on the day on which the Occupational Licensing Amendment Act 2016 commences.

3. Interpretation (1) In these regulations – Act means the Occupational Licensing Act 2005 ; building services work determination means the determination, made under section 30 of the Act, as amended from time to time, in respect of – (a) building services work; and (b) the classes of building services work; and (c) any details relating to the classes of building services work; specified fee means a fee specified in Schedule 2 . (2) Unless the contrary intention appears, an expression used in these regulations that is defined in the building services work determination has the same meaning in these regulations as in that determination.

PART 2 - Building Services Work

4. Prescribed work (1) In this regulation – site plan means a plan of a site, showing site features, boundaries, orientation and access, existing or proposed structures and distribution of services, together with the location of a proposed structure or of proposed work. (2) For the purposes of the definition of prescribed work in section 3(1) of the Act, work specified in Part 1 of Schedule 1 is determined to be prescribed work, unless exempted under section 99(1)(b) of the Act. (3) Despite subregulation (2) , work specified in Part 2 of Schedule 1 is excluded from the application of the Act. (4) Work referred to in subregulation (2) is prescribed as building services work for the purposes of paragraph (a) of the definition of building services work in section 3(1) of the Act unless – (a) excluded from the application of the Act under subregulation (3) ; or (b) the work is design work carried out by a plumber practitioner (certifier), within the meaning of the Occupational Licensing (Plumbing Work) Regulations 2010 , working within his or her area of competence; or (c) the work is the preparation of a site plan, or as-constructed plan, in relation to work, or in association with work, carried out by a plumber practitioner (certifier), within the meaning of the Occupational Licensing (Plumbing Work) Regulations 2010 , working within his or her area of competence; or (d) the work is the preparation of a site plan in relation to work performed on, or in association with work performed on, Class 10 buildings or Class 7b farm buildings.