New South Wales2016-10-20T11:44:04+00:00

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 RegulationsDefinition Essential Safety MeasuresParameters New/Old BuildingResponsibility for ComplianceMethod of Compliance
Environmental Planning and Assessment Act 1979 (203)Environmental Planning and Assessment Regulation 2000 Part 9 Clause 165EPA Amendment Reg 2000 for new/alterationsPart 9 of EPA RegulationFire safety certificate is to be prominently displayed in building and forwarded to fire commissioner of Fire & Rescue NSW
Environmental Planning and Assessment Regulation 2000Annual 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 AustraliaEnvironmental Planning and Assessment Regulation 2000 Clause 98(1)(a) & 136A(1)(a)All buildings

 

Building Legislation Documents

Building Approval DocumentConstruction Certificate
Complying Development Certificate
Occupational Approval DocumentFinal Occupation Certificate
Interim Occupation Certificate
Fire Safety Schedule Certificate
Interim Fire Safety Certificate
Final Fire Safety Certificate
Annual Statement DocumentAnnual Fire Safety Statement
Enforcement NoticesNotice of Intention to Give an Order Under Section 121H
Order Under Section 121B
Building RegulationsGlossary of Definitions
Essential Safety MeasuresInspections
Identification
Australian Standards
Definitions

 

Work Health and Safety Legislation

Acts RegulationsParameters New/Old BuildingResponsibility for ComplianceMethod of Compliance
Work Health and Safety Act 2011All encompassingRefer CodeRefer Code
Work Health and Safety Regulation 2011All encompassingRefer CodeRefer Code

 

Work Health and Safety – Main Codes of Practice

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