Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In these
regulations unless the contrary intention appears —
“Act” means the
Local Government (Miscellaneous Provisions) Act 1960 ;
“approved” means approved by the
local government except where used in relation to plans, drawings and
specifications submitted for approval under section 374 of the Act, in
which case
"approved" has a meaning consistent with the provisions of that section;
“builder” means a person employed to
construct any building or to demolish, alter or execute any work on a building
already constructed, and includes the owner or occupier of the land upon which
any such building is intended to be constructed, or other person for whom, or
by whose order or under whose direction and control such alteration or work
was done or is intended to be done, as the case may be;
"Building Code" means the latest edition of the
Building Code of Australia published from time to time by, or on behalf of,
the Australian Building Codes Board, as amended from time to time, but not
including explanatory information published with that Code;
“district” means the local government
district in which a building is constructed or proposed to be constructed;
“Fire Brigades Board” means the
Western Australian Fire Brigades Board as constituted under the Fire Brigades
Act 1942 ;
“footing” means the construction by
which the weight of the building is transferred to the foundations;
“Form” means a form in
Schedule 1;
"local government" means the local government of
the district in which a building is, or is proposed to be, constructed;
“owner” includes any person in
possession or receipt of the whole or any part of the rents or profits of any
land or tenement or in occupation of any land or tenement otherwise than as a
tenant from year to year, or for any less term, or as a tenant at will;
"performance requirements" means the provisions of
the Building Code which set out the technical requirements in accordance with
which buildings must be built;
“repair” means the reconstruction or
renewal of any part of an existing building for the purpose of its maintenance
but does not include alteration.
[(2) repealed]
(3) A reference in
these regulations or in the Building Code to a code or standard shall, unless
the contrary intention appears in these regulations or in the Building Code,
includes a reference to that code or standard as amended from time to time.
(4) Without derogating
from section 32(1) of the Interpretation Act 1984 , the headings of
Parts, divisions and subdivisions of these regulations form part of these
regulations.
(5) Notwithstanding
section 32(2) of the Interpretation Act 1984 , the heading to a
regulation in these regulations or to a portion of a regulation in these
regulations forms part of these regulations.
[Regulation 3 amended in Gazette
26 Jun 1992 p. 2758; 23 Jun 1995 p. 2442;
20 Jun 1997 p. 2821-2 and p. 2826.]