Reference no: EM131427179

What you have to do

Answer all the questions. This assessment is made up of two (2) parts, each with three (3) tasks

Part 1 - Statute and subordinate legislation

The purpose of this task is to demonstrate your awareness of building control legislation relevant to your jurisdiction (state or territory) and your familiarity with legislation websites.

Task 1

Carry out research or speak to a building surveyor (one who has also done development assessment) and ascertain what development/ building control legislation is relevant to your jurisdiction.

Present this task as a list of the legislation under the headings of statute and subordinate legislation. You must use the correct form of legal referencing in your answer.

Tip 1: In NSW planning and development /building controls for example is controlled primarily by the Environmental Planning and Assessment Act 1979 (statute) and the Environmental Planning and Assessment Regulation 2000 (subordinate). In other states separate statues are found for building and other development. If this is the case you are to list all relevant acts and regulations etc.
See the web-links and legislation summary in the overview section of your learning resource.

Note: In some states development and building control is separated and building surveyors mostly only deal with building type work, this is not the case in all states. In this Unit we briefly consider all possible aspects of the work of a building surveyor.

See Australian Institute of Building Surveyors (AIBS) website.

Tip 2: In development application assessment often other statutes and subordinate legislation are required to be referred to. Think of what would be issues in a waste disposal development or an industrial complex near a river or refurbishment of a listed heritage item and the legislation around these types of development.

Task 2

Present a brief written account (200 words maximum), using an example to assist your explanation, about how you would use the main piece of building legislation listed in task 1 in your work as a building surveyor.

Task 3

From Task 1 you now need to review the primary act and regulations in your state for building control. Links can be found in the Introduction to this Unit.

You are to discuss the following using the headings provided:

(in no more than two Paragraphs, and a paragraph made of a maximum of three sentences except (g))

a) Development/building control instruments.

What subordinate documents does the Act enable/direct/delegate to be made?

b) What has to be considered

Does the legislation tell you what has to be considered in development/building control assessment? What are these?

c) Building Code of Australia (BCA)
How is the BCA linked to the Act or Regulations?

d) Appeal rights
What are they?

e) Enforcement
What are the enforcement provisions and what are the processes?

f) Powers of entry
What are the requirements?

g) Evidence gathering for court
How is this to be done, what do you have to be aware of as a building surveyor?

Read the resource notes on Collecting Information in Topic 3 and formulate a short answer (100 words maximum)

Other sites of interest are:
www.water.nsw.gov.au/.../compliance_nsw_water_management_laws; _in...Compliance with NSW water management laws;
https://www.qpilch.org.au/resources/factsheets/evidence_and_proof_in_civil_proceedings.htm;
https://www.casa.gov.au/wcmswr/_assets/main/manuals/regulate/enf/009r13.pdf;

h) Other
Also refer to the Evidence Act in your state or territory. Does this provide assistance with the question?
(a. - g. 2 marks each, part h - 6 marks)

Part 2 - Case law skills

The purpose of this task is for you to demonstrate your understanding of how case law can develop your knowledge and practise in building control.

Task 1- Introduction to case law

How is case law formed and how does it work? (200 words maximum - you need to be concise to fit within this word limit).
Within your answer you will need to discuss the effect of precedent.

Task 2- Case law examples

You are required to prepare three (3) regulatory practise/case notes from cases that you have researched and investigated.

Write a short report (approx. 1page) on each, set out as follows:
- Case:number and description. (Ensure correct reference Hornsby Shire Council v Porter and others (1990) 19 NSWLR 716)
- Introduction: Two sentences describing the appeal (maximum)
- Discussion:Summarise the appeal in about three (3) paragraphs in your own words (each paragraph is composed of about 3 or 4 sentences - maximum).
- Conclusion:to consist of:
I. Appeal decision
II. Your opinion of this decision (two paragraphs - maximum)
III. Your comment on how this case informs building control knowledge and practice.( This needs to be detailed however concise with a maximum of 200 words)
The cases chosen for regulatory practise/case notes must include the following:
- One from administrative case law relating to building control legislation
- One from Commonwealth legislation case law impacting building/development control
- One either from the above categories or another case relevant to building control.

Tip: You can access case notes in legal journals such as those published by the Law Book Co. These can be accessed at a law library or you can do an internet search use key words such as: case law in your State or Territory.

As an example for administrative law in NSW, you can go to the NSW Land and Environment Court website for court cases that have formed a Planning Principle which influence development /building control.

For Commonwealth cases it does not include appeals from a state court rather it means a case from a Commonwealth matter such as wilderness preservation - Franklin Dam, land rights - Mabo etc.