New South Wales

Building Legislation : Work Health and Safety Legislation

A building owner, occupier or owners agent for a building inherits obligations under the NSW Building Legislation, Building Code of Australia and Work Health and Safety legislation to ensure building works, alterations, occupation of a building and the inspection, testing and maintenance of nominated essential fire safety measures are complied with as required.

The following table provide the reader with a comprehensive overview of the legislation for the building control process, essential fire safety measures documents and Work Health and Safety.

Building Legislation

Acts Regulations Definition Essential Safety Measures Parameters New/Old Building Responsibility for Compliance Method of Compliance
Environmental Planning and Assessment Act 1979 (203) Environmental Planning and Assessment Regulation 2000 Part 9 Clause 165 EPA Amendment Reg 2000 for new/alterations Part 9 of EPA Regulation Fire safety certificate is to be prominently displayed in building and forwarded to fire commissioner of Fire & Rescue NSW
Environmental Planning and Assessment Regulation 2000 Annual fire safety statement is to be prominently displayed in building and forwarded to fire commissioner and council (annually).
Fire safety measure maintenance required in accordance with fire safety schedule and to not less a standard than which the fire safety measure was designed.
Building Code of Australia Environmental Planning and Assessment Regulation 2000 Clause 98(1)(a) & 136A(1)(a) All buildings

 

Building Legislation Documents

Building Approval Document Construction Certificate
Complying Development Certificate
Occupational Approval Document Final Occupation Certificate
Interim Occupation Certificate
Fire Safety Schedule Certificate
Interim Fire Safety Certificate
Final Fire Safety Certificate
Annual Statement Document Annual Fire Safety Statement
Enforcement Notices Notice of Intention to Give an Order Under Section 121H
Order Under Section 121B
Building Regulations Glossary of Definitions
Essential Safety Measures Inspections
Identification
Australian Standards
Definitions

 

Work Health and Safety Legislation

Acts Regulations Parameters New/Old Building Responsibility for Compliance Method of Compliance
Work Health and Safety Act 2011 All encompassing Refer Code Refer Code
Work Health and Safety Regulation 2011 All encompassing Refer Code Refer Code

 

Work Health and Safety – Main Codes of Practice

Service Code of Practice
Emergency Planning AS 3745-2010 – Planning for emergencies in facilities
Working at Heights
Confined Spaces Safe Work Australia - Confined Spaces - Code of Practice - December 2011 Confined Spaces Audits
Storage & Racking Safe Work Australia - How to Manage Work Health and Safety Risks - Code of Practice - December 2011 Storage and Racking Audits
Asbestos Safe Work Australia - How to Manage and Control Asbestos in the Workplace - Code of Practice - December 2011 Asbestos Register Audits
Chemicals Storage Safe Work Australia - Managing Risks of Hazardous Chemicals in the Workplace - Code of Practice - July 2012 Chemical Storage Audits
Cooling Systems Managing the Work Environment & Facilities and AS/NZS 3666 – Air handling and water systems of buildings
Cooling System Audits
Machinery Guarding Safe Work Australia - Managing the Risks of Plant in the Workplace - Code of Practice - July 2012
Machinery Guarding Audits