Thursday, 23 June 2022

Building, Planning and Heritage Legislation Amendment (Administration and Other Matters) Bill 2022

Statement of compatibility

Mr WYNNE (Richmond—Minister for Planning, Minister for Housing) (10:13): In accordance with the Charter of Human Rights and Responsibilities Act 2006 I table a statement of compatibility in relation to the Building, Planning and Heritage Legislation Amendment (Administration and Other Matters) Bill 2022:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (Charter), I make this Statement of Compatibility with respect to the Building, Planning and Heritage Legislation Amendment (Administration and Other Matters) Bill 2022.

In my opinion, the Building, Planning and Heritage Legislation Amendment (Administration and Other Matters) Bill 2022 (Bill), as introduced to the Legislative Assembly, is compatible with the human rights protected by the Charter. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

Parts 2 to 6 of the Bill amend the Building Act 1993 (Building Act), the Architects Act 1991 (Architects Act) and other Acts to implement several recommendations of the Expert Advisory Panel that was appointed by the government to review the Victorian legislative and regulatory framework for the building sector. These Parts of the Bill will—

• establish a statutory position of State Building Surveyor to be appointed by the Victorian Building Authority (VBA). This position will provide technical expertise on building and plumbing codes for the building sector and regulators and act as the State’s leading building surveying technical expert;

• establish a statutory position of Building Monitor to collect, analyse and publish information, and provide advice to the Minister and others, regarding systemic issues affecting domestic building consumers and to represent, at a systemic level, domestic building consumer interests;

• broaden the Victorian Building Authority’s power to enter into information sharing arrangements with other persons and bodies who exercise functions related to the building sector;

• amend two categories and insert two new categories of building practitioner, who will be required to be registered before they can carry out a prescribed kind of work in relation to building;

• require a relevant building surveyor to provide an information statement to an owner of land or a building, for which an application for a building permit has been made in relation to a prescribed class of building, with prescribed information relating to the surveyor’s role and responsibilities, when issuing the building permit;

• require municipal building surveyors to cause an inspection of a prescribed class of building work before the construction of certain buildings is completed;

• provide a process for, and requirements relating to, the preparation and approval of a building manual for a prescribed class of building before an occupancy permit may be issued for the building;

• enable a wider range of circumstances in which the cladding levy can provide financial or other support to owners who are not eligible to receive funding under the current cladding rectification program;

• support the operation of automatic mutual recognition under the Mutual Recognition (Victoria) Act 1998 with respect to land surveyors, building practitioners, plumbers and architects;

• enable the Victorian Building Authority to issue restricted plumbing licences for more than one classes or particular types of plumbing work, which licences can be issued for private plumbing work on residential properties owned and occupied by the plumber or relatives of the plumber;

• make other technical or minor amendments to the Building Act; and

• improve the governance arrangements for the Architects Registration Board of Victoria under the Architects Act.

Parts 7 to 10 of the Bill amend the Heritage Act 2017 and the Planning and Environment Act 1987 (PE Act) to:

• increase protection of metropolitan green wedges and amend the distinctive areas and landscapes statement of planning policy endorsement process;

• modernise requirements in relation to notices, the publication and inspection of documents and hearings under the Heritage Act;

• provide for the making of exclusion determinations; and

• make general amendments to improve the operation of the Heritage Act.

Human Rights protected by the Charter that are relevant to the Bill

The human rights protected by the Charter that are relevant to the Bill are—

• right to privacy and reputation (section 13);

• freedom of expression (section 15); and

• cultural rights (section 19).

For the following reasons, I am satisfied that the Bill is compatible with the Charter and, if any rights are limited, those limitations are reasonable and demonstrably justified having regard to the factors in section 7(2) of the Charter.

Privacy and reputation

Section 13(a) of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with. Section 13(b) provides that a person has the right not to have their reputation unlawfully attacked. An interference with privacy will be lawful if it is permitted by a law which is precise and appropriately circumscribed, and will be arbitrary only if it is capricious, unpredictable, unjust or unreasonable, in the sense of being disproportionate to the legitimate aim sought. An interference with privacy will not be arbitrary provided it is reasonable in the particular circumstances.

Building Act amendments

In Part 4 of the Bill, clause 57 will replace section 259AB of the Building Act to widen the circumstances in which the Victorian Building Authority (VBA) can enter into information sharing arrangements with one or more persons or bodies. Such persons or bodies are defined as a “relevant agency” in new section 259AB(7). The Bill will enable one or more relevant agencies to enter into an information sharing arrangement, provided the VBA is a party to the arrangement.

To the extent that the information shared between the VBA and any relevant entities includes personal information, the Bill will engage the right to privacy.

Any limit on the right to privacy by Part 4 of the Bill is reasonable and justified

Although these provisions require and permit the VBA and relevant agencies to deal with personal and identifying information, I do not consider these dealings are unlawful or arbitrary.

The purposes of these amendments are to: (a) ensure the VBA and each relevant agency has access to the information it requires to perform its functions effectively; (b) support a cohesive approach to provision of government services to building consumers, including regulation, by empowering agencies to share information in an efficient and effective way; and (c) to enable information to inform a robust understanding of trends and issues in the building system.

Clause 57 of the Bill imposes several limitations on how information can be shared under an information sharing arrangement made under substituted section 259AB(1) of the Building Act. Under new section 259AB(2) and (3)(a), if the information is to be shared between the VBA and a relevant agency, the information must be reasonably necessary to assist in the performance of the Authority’s functions under the Building Act or the functions of the relevant agency. Under new section 259AB(2) and (3)(b), if the information is to be shared between two relevant agencies, it may only be information that: (a) the receiving relevant agency could have requested from the Authority under section 259AB(3)(a); or (b) is reasonably necessary to assist in the performance of the relevant agency’s functions under the Building Act.

Further, the VBA and each relevant agency that is a public entity within the meaning of the Public Administration Act 2004 is bound by the requirements of the Privacy and Data Protection Act 2014 and must ensure that any collection, use or disclosure of information is undertaken in accordance with the Information Privacy Principles set out in Part 3 of that Act.

In my view, these provisions will not be an arbitrary or unlawful interference with privacy, as any disclosure of personal information authorised by these amendments will only occur to the extent necessary to perform the functions of the Victorian Building Authority or relevant agency and, for the sharing of information between relevant agencies, the functions of the relevant agency are confined to any functions the agency has under the Building Act.

Accordingly, I consider that these provisions under clause 57 of the Bill are compatible with the right to privacy under section 13 of the Charter.

Part 3 of the Bill will provide for the appointment of a Building Monitor to (amongst other objectives) improve the experiences of domestic building consumers and affected parties of the building system by advocating for their interests at a systemic level and providing independent expert advice on these issues to the Minister and to persons and bodies involved in the building industry. The Building Monitor will be empowered under new section 208K of the Building Act to require, by notice in writing, a person or body to give the Building Monitor information specified in the notice. The purpose of this power is for the Building Monitor to gather and analyse information from certain building system entities to identify issues affecting domestic building affected parties. Under new section 208P of the Building Act, the Building Monitor will also be required to annually publish a Building Monitor Issues Report that is to specify the systemic issues that the Building Monitor has identified as affecting domestic building affected parties and make recommendations to the Minister on ways to address these issues.

To the extent that the information obtained by the Building Monitor includes personal information, the Bill will engage the right to privacy.

Any limit on the right to privacy by Part 3 the Bill is reasonable and justified

Although these provisions require the Building Monitor to gather and analyse personal and identifying information, I do not consider these functions are unlawful or arbitrary.

The types of information that can be requested are limited under section 208K(1) of the Building Act to information that is relevant to the performance of the functions of the Building Monitor. The functions of the Building Monitor, to be specified in new section 208F of the Building Act, relate to matters of concern to domestic building affected parties. Clause 18 of the Bill will also insert a definition of “domestic building affected parties” into section 3 of the Building Act to further contain the functions of the Building Monitor.

Under new section 208K(1), the Building Monitor is also required to consult with a person or body before giving them a notice under that section to provide information or data. This is intended to enable the Building Monitor to gain an understanding of what information is held by the person or body who will receive a notice and to ensure the notice does not unintentionally gather information that the Building Monitor does not need for their functions.

The persons or bodies from whom or which the Building Monitor may require information be provided are limited to those listed in new section 208K(3) of the Building Act and they are confined to public sector persons or bodies.

Further, under new section 208P, the Building Monitor will be required to gather information transparently, by including in an Issues Report information about when and to whom a notice under section 208K(1) was given, the type of information or data required under the notice and whether the Monitor is a party to any information sharing arrangements or agreements.

Clause 25 of the Bill will also insert new sections 208L and 208M in the Building Act to limit how the Building Monitor may use the information it gathers. Under new section 208L, the Building Monitor must not publish or authorise the publication of any personal information or data or commercially sensitive information or data that has not first been de-identified or aggregated with similar information (as the case requires) before it is published.

Further, new section 208M makes it an offence if the Building Monitor or any person assisting or acting on behalf of the Building Monitor uses or discloses information (including personal information) obtained in the course of performing the functions of the Building Monitor other for the purposes of performing the Building Monitor’s functions.

Clause 25 of the Bill will also insert new section 208G to provide that the Building Monitor, when exercising its powers, must comply with any relevant requirements specified by or under any other Act. The purpose of this provision is to restate, for the avoidance of doubt, the obligation of the Building Monitor, as a statutory entity, to comply with legislation such as the Victorian Data Sharing Act 2017 and its de-identification guidelines issued under section 33 of that Act and with the Information Privacy Principles set out in Schedule 1 of the Privacy and Data Protection Act 2014.

These provisions establish an appropriate balance between enabling the Building Monitor to perform its functions and achieve its statutory objectives, by ensuring it can transparently gain access to the information needed to understand where the issues in the building system exist for domestic building consumers and affected parties, while protecting the rights of individuals to have their privacy and reputations protected.

Consequently, I consider that these provisions under the Bill are compatible with the right to privacy under section 13 of the Charter.

Heritage Act amendments

Part 8 of the Bill inserts a new exclusion determination process into the Heritage Act, which requires applicants for exclusion determinations to provide information to the Executive Director of Heritage Victoria. To the extent that the information collected by the Executive Director includes personal information, the right to privacy will be engaged. However, the collection of information will be permitted by law and will be confined to information that is necessary for determining applications. Accordingly, I consider that any interference with a person’s privacy resulting from the exclusion determination provisions will be lawful and not arbitrary.

The Bill also requires the publication of information in certain circumstances. Amendments to the Heritage Act provide that certain notices and registers may be made available online, which mean that any personal information they contain may be more easily accessible by a wider audience. However, the Bill specifies that personal information must not be disclosed without the applicant’s consent, thereby reducing any potential interference with an individual’s privacy. While the address of land the subject of a permit application may be published, that will not necessarily be personal information. To the extent it is, I consider that this interference is lawful and appropriately confined, as this information is necessary to understand the application being considered. In my view, having regard to the circumstances in which information is disclosed, these provisions are compatible with the right to privacy.

Powers of entry

The Bill amends section 201 of the Heritage Act to permit an inspector or authorised person, when exercising entry powers for the purposes of investigating the cultural heritage significance of a place or object or determining compliance with the Act, to enter an unoccupied residence without written consent provided two days’ clear notice is given to the owner of the residence.

While the exercise of this power may interfere with the privacy of an individual in some cases, any such interference will be lawful and not arbitrary. The power must be exercised with clear notice, at a reasonable time and for specific purposes connected with the enforcement of the Heritage Act. Further, entry to an unoccupied residence is likely to constitute a lesser interference with privacy than a residence that is occupied. In cases in which a residence is occupied, an inspector or authorised person will not be permitted to enter the residence without the occupier’s written consent. Accordingly, I consider that this provision is compatible with the right to privacy under the Charter.

I therefore consider that the amendments made by Part 8 of the Bill will be compatible with the Charter right to privacy because any limitation on the right is not arbitrary and is reasonable and justified.

Freedom of expression

Section 15(2) of the Charter provides that every person has the right to freedom of expression, which includes the freedom to seek, receive and impart information and ideas of all kinds.

Clause 113 of the Bill inserts new section 254F in the Heritage Act, which provides that the Heritage Council or the Executive Director is not required to make a document, the Heritage Register or the Heritage Inventory available on request if it is not reasonably practicable to do so as a result of an emergency or serious risk to public health in respect of which an emergency declaration has been made. While this amendment engages the right to freedom of expression, which includes the right to receive information, any interference will be minimal as many documents (including the Heritage Register and the Heritage Inventory) will continue to be accessible electronically. Further, I consider that the exception in section 15(3) of the Charter will apply to the provision, as a lawful restriction that is reasonably necessary to respect the rights of other persons and for the protection of public health.

Access to hearings

Section 248 of the Heritage Act provides that Heritage Council hearings, on whether a place or object is to be included in the Heritage Register, are to be conducted publicly. Clause 116 of the Bill amends this provision to enable the Heritage Council to close a hearing, or part of a hearing, to the public if a person making a submission objects to doing so publicly and the Heritage Council is satisfied that the submission is of a confidential nature. By impeding a person’s access to information, this provision engages the right to freedom of expression.

However, the right of a person to receive information is not absolute. These measures strike an appropriate balance between making submissions publicly available and ensuring that the Heritage Council has access to all relevant information on which to base its decision. Accordingly, I consider that clause 116 of the Bill is compatible with the right to freedom of expression under the Charter. I note that, to the extent that a hearing of the Heritage Council may be a civil proceeding under section 24 of the Charter, the right to a fair hearing will also be engaged. However, the right will not be limited because section 24(2) of the Charter provides that members of the public may be excluded from a hearing if permitted under legislation, as would be the case here.

Clause 116 of the Bill also inserts new section 248A in the Heritage Act to allow Heritage Council hearings to be conducted by audio link or audio visual link, as an alternative to in-person hearings. New section 248A provides that a hearing that is conducted in this manner must be made available to the public either while the hearing is being held or as soon as reasonably practicable afterwards. If a person or their representative do not attend the hearing, the Heritage Council may make a determination or recommendations without hearing from them. The purpose of this amendment is to provide the Heritage Council with greater flexibility in conducting proceedings and, in turn, better equip it to continue to perform its legislative functions and obligations. While these provisions have the potential to engage a number of rights under the Charter, including the rights to equality, freedom of expression, participation in public life and a fair hearing, any limitation on these rights will be reasonable and demonstrably justified. The option to conduct hearings by audio link or audio visual link provides an alternative mechanism to facilitate the hearing process; however under section 249 of the Heritage Act, the Heritage Council will still be bound by the rules of natural justice and required to consider all written submissions made pursuant to section 44 of the Heritage Act.

I therefore consider that the amendments made by Part 7 of the Bill will be compatible with the Charter right to freedom of expression because any limitation on that right is not arbitrary and is reasonable and justified.

Cultural rights

Section 19 of the Charter protects the cultural rights of all persons with a particular cultural, religious, racial or linguistic background, and acknowledges that Aboriginal persons hold distinct cultural rights that should be protected.

Part 8 of the Bill inserts new section 36A into the Heritage Act to enable a prescribed person or body to apply to the Executive Director for an exclusion determination that a place or object, or part of a place or object, not be included in the Heritage Register. If the Executive Director makes an exclusion determination, it prohibits that place or object (or part thereof) from being considered for inclusion in the Heritage Register for five years following the determination.

To the extent that an exclusion determination prevents culturally significant places or objects from being protected by inclusion in the Heritage Register, cultural rights under the Charter will be engaged. However, under new section 36C, the Executive Director can only make an exclusion determination if satisfied that the place or object (or part thereof) has no reasonable prospect of inclusion in the Heritage Register. Further, a person who has a real and substantial interest in the place or object has the right to request a review of the decision by the Heritage Council. The provision does not alter the standard for inclusion of matters in the Heritage Register. It is a procedural provision to provide certainty about an outcome that would be the case in any event (e.g. if another person nominated a place during the course of a development).

For these reasons, I am satisfied that the making of an exclusion determination is compatible with cultural rights under the Charter because any limitation on those rights is not arbitrary and is reasonable and justified.

The Hon. Richard Wynne, MP

Minister for Planning

Second reading

Mr WYNNE (Richmond—Minister for Planning, Minister for Housing) (10:13): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Victorian Government is committed to delivering a building system that provides safe, compliant and durable housing and buildings. This requires a workforce of skilled and experienced practitioners and a strong and viable system of regulation to enforce compliance. This Bill makes a series of legislative amendments that will implement reforms to reshape the regulatory landscape in Victoria, with a key focus on consumer protection, which the Government has placed at the centre of the process, heralding a new era for the integrity of building regulation in Victoria.

Legislative changes

The Bill will amend the Building Act 1993, the Architects Act 1991, the Domestic Building Contracts Act 1995, the Building and Construction Industry Security of Payment Act 2002, the Cladding Safety Victoria Act 2020, the Owners Corporations Act 2006, the Sale of Land Act 1962, the Surveying Act 2004, the Victorian Civil and Administrative Tribunals Act 1998, the Planning and Environment Act 1987 and the Heritage Act 2017.

These legislative amendments will create the following reforms:

• Establish a Building Monitor;

• Formalise and strengthen the role of the State Building Surveyor;

• Strengthen and improve the governance arrangements of the Architects Registration Board of Victoria under the Architects Act;

• Strengthen information sharing between statutory entities with a role in the building regulatory framework;

• Expand the categories of building practitioner that will be required to be registered;

• Enhance the building approvals process by introducing further safeguards to better inform consumers and provide better assurance that building work is compliant;

• Strengthen legislative protection of Melbourne’s green wedges;

• Support the introduction of Automatic Mutual Recognition in Victoria;

• Clarify the power to issue restricted plumbing work licences;

• Amend the distribution of the cladding rectification levy;

• Streamline the endorsement process for a distinctive area and landscape;

• Clarify and improve the operation of the Heritage Act;

• Provide for online access to heritage documents and notices and Heritage Council hearings;

• Allow for applications to exclude places and objects from the Heritage Register.

Building Monitor

In order to better protect the interests of building consumers and put them at the centre of our legislative framework, the Government has established a Building Monitor, tasked with representing and advocating for domestic building consumers at a systemic level. The Building Monitor will be a statutory appointment made by the Governor in Council who will advise the Minister for Planning on systemic issues and risks facing domestic building consumers.

The Building Monitor will also collect and analyse information and data to identify issues facing domestic building consumers and work collaboratively with building system entities to improve the coordination of information and better target support services. Most significantly, the Building Monitor will publish an annual Building Consumer Issues Report that will identify critical issues within the building sector. Preparation of this report will involve direct and ongoing engagement with domestic building consumers to ensure the experience of those navigating the building sector from end to end is better understood.

Establishing a statutory role for the State Building Surveyor

The State Building Surveyor (SBS) was established by the Government as an executive staff member of the VBA to provide authoritative compliance advice, technical guidance and interpretation of relevant building standards. The Government now seeks to strengthen this role through recognising it in legislation with statutory objectives and functions.

The creation of a legislated role for the SBS will enable greater focus on critical functions and thereby bolster support for industry practitioners. The legislated role will remain within the VBA to enable economies of scale, facilitate information sharing and avoid further fragmentation of oversight within the regulatory system.

Under this Bill, the SBS will be positioned as the primary source of technical expertise and guidance for the building and plumbing industries. The SBS will encourage improvements to regulatory oversight and practices within these industries, with a particular focus on the building surveying profession and councils.

The SBS will have the power to issue binding determinations relating to technical interpretation of technical building and plumbing standards and requirements. Industry practitioners will be required to ensure that they carry out building work or plumbing work or exercise particular functions in accordance with any relevant binding determination.

Improvements to the Architects Registration Board of Victoria

To ensure the Architects Registration Board of Victoria (ARBV) is well-placed to be a modern, fit-for-purpose regulator of the architecture profession in Victoria, amendments to its institutional and governance mechanisms are required. The Bill will amend the Architects Act to ensure appointment requirements for the ARBV and its Tribunal reflect best practice governance standards for a skills-based board. The nominations process will be replaced with an open and merit-based recruitment procedure overseen by Minister for Planning, to secure a board that has the knowledge, experience and expertise required by a professional regulator.

The ARBV will be required to prepare and implement a four-year strategic plan approved by the Minister to strengthen decision making and enhance operations. The amendments provide for an increase in the maximum appointment term of board members from three to five years to support the board’s ability to engage with the strategic planning cycle. The amendments will modernise and streamline the governance arrangements for the ARBV to ensure it is equipped to respond to the challenges of a reforming building environment.

Strengthening Information Sharing

The Victorian building sector is made up of myriad agencies, each with an important role to play in maintaining a safe and well-regulated industry. The Government is taking steps to enhance the ability for these agencies to better share information and improve collaboration. By integrating building system information, clarifying information sharing arrangements and making that information accessible through clear pathways, participating agencies will have the opportunity to aggregate data to better inform targeted and evidence-based decision making. This will also enable better transparency and reporting on the health of the building system by clarifying the information that can be shared.

Expanding the registration framework for building practitioners

The Bill will expand the practitioner registration system in a nationally consistent way, thereby improving compliance with national building standards and facilitating national labour mobility. It is anticipated that the expanded practitioner registration system will not only strengthen practitioner competence, accountability and regulatory oversight, but improve consumer protection. Gaps in Victoria’s building practitioner registration framework will be addressed initially by establishing the following categories of building practitioner:

• Building Designer;

• Project Manager;

• Building Consultant; and

• Site Supervisor.

Follow-on regulation would then prescribe the authorised work and registration requirements of these practitioners. This is consistent with how existing categories and classes of building practitioner are set.

The new ‘Building Consultant’ category could support follow-on regulation to introduce practitioners who perform:

• pre-purchase due diligence inspection work;

• essential safety measures maintenance work;

• disability access work; and

• energy efficiency work.

Building Manuals

The Government is committed to improving consumer confidence in the building industry and enhancing transparency. To this end, this Bill will amend the Building Act to introduce a requirement that a draft building manual be prepared by the applicant for an occupancy permit and provided to the RBS for approval. Building manuals are intended to be a single repository of all relevant information relating to the design, construction and ongoing maintenance of a building.

The building manual will address a significant hurdle for owners and owners corporations in accessing information about their building. By making information about the design, construction and maintenance of a building more readily accessible, the building manual will aid not only owners and owners corporations but also other parties such as building practitioners and regulators in future.

Once the draft building manual has been approved by the relevant building surveyor, the manual will be provided to the owner or the owners corporation, who will be responsible for maintaining and keeping the documentation current.

Minor amendments are being made to the Owners Corporation Act and the Sale of Land Act to require that the building manual is provided at the first meeting of a new owners corporation and also to future purchasers of the land.

Subsequent amendments to the Building Regulations 2018 will prescribe a number of matters necessary to operationalise the building manual requirements including what classes of buildings and building work will require a manual to be prepared or updated, the digital format of the manual, and the information that must be contained within a manual.

Building surveyor obligation to provide information statement

Consistent with the Government’s commitment to promote and protect the interests of consumers of building work, this Bill will require the relevant building surveyor to provide, at the time of issuing the building permit, a document that clearly details their roles and the responsibilities. This will increase transparency and assist consumers to be fully informed about the critical role that their appointed building surveyor plays in their building project, as well as the broader approvals process for the work. Regulations will prescribe the building work to which this new requirement will apply, as well as the form of the information statement and the information it must contain.

Final inspection by Municipal Building Surveyor before occupancy permit can be issued

Currently, an occupancy permit can be issued for a building even though the building work is not complete or compliant. In a measure to strengthen the process and documentation requirements for the issue of occupancy permits, this Bill will improve checks of the as-constructed building against the building permit. The municipal building surveyor will be responsible for causing the pre-occupancy permit inspection and may engage others, such as a fire safety engineer, to assist in this task. A pre-occupancy compliance assessment by an independent municipal building surveyor will ensure oversight before the relevant building surveyor issues the occupancy permit. At this stage it is intended to only prescribe a subset of building work, such as for class 2 buildings, that being residential apartments for which this additional inspection will be required.

Automatic Mutual Recognition

The Mutual Recognition Act 1992 (Cth) was amended in 2021 to introduce an Automatic Mutual Recognition (AMR) scheme to be adopted by all States and Territories. AMR is intended to create a ‘drivers’ licence’ model for occupational licensing, enabling a person to use the occupational licence issued by their home state to carry out the same activities authorised under it in other participating Australian jurisdictions.

The Government agreed to participate in the AMR scheme last year. The Bill makes amendments to ensure that important consumer protection requirements that apply to Victorian workers also apply to workers using AMR to carry out building and plumbing work in Victoria. The changes enable regulators to regularly check if both Victorian and AMR workers are covered by any required insurance.

Consumers will also benefit from improvements to information on the VBA register of building practitioners and plumbers and the register of architects maintained by the ARBV. Consumers will be able to make more informed choices before engaging practitioners, using the register to check if any Victorian or AMR worker they have engaged is appropriately registered for that work.

Restricted Plumbing Licences

Minor amendments are being made to the Building Act to provide certainty regarding the Victorian Building Authority’s continuing ability to issue restricted licences in multiple work classes for private plumbing work.

Amendments to the distribution of the cladding rectification levy

Amendments to the Building Act will also allow the Government greater flexibility to determine how the cladding levy should be directed to support rectification of buildings found to have non-compliant combustible cladding. The cladding levy was introduced by the Building Amendment (Cladding Rectification) Act 2019 and came into effect on 1 January 2020. Currently, the levy is collected by the VBA and paid to Cladding Safety Victoria (CSV) under the Cladding Rectification Program.

This Bill will ensure that buildings that fall outside of the funded cladding rectification activity are able to be supported through remediation, with funding able to be directed to councils and other organisations to deliver programs to facilitate cladding rectification.

Protection of Green Wedge Land

The Victorian Government is committed to protecting Melbourne’s green wedges for current and future generations. The Bill articulates the Victorian Government’s objectives for green wedge land and introduces a legislative requirement for municipal councils to prepare and review Green Wedge Management Plans. Furthermore, the Bill will enable the Minister for Planning to issue directions in relation to the preparation and content of green wedge management plans, which will provide improved guidance to councils on the structure, form and content of Green Wedge Management Plans.

Distinctive areas and landscapes

Part 3AAB of the PE Act, introduced in 2018 enables the Governor in Council, following the recommendation of the Minister for Planning, to declare an area of Victoria to be a distinctive area and landscape. Macedon Ranges, Surf and Bass Coasts and the Bellarine Peninsula have already been declared under this legislation. This experience has repeatedly shown that it is difficult to prepare, consult on and obtain the endorsement and approval of a Statement of Planning Policy within the timeframe specified in the PE Act. The Bill streamlines the process for endorsement by responsible entities of a Statement of Planning Policy for a distinctive area and landscape.

Changes to the Heritage Act 2017

The Bill will make changes to the Heritage Act:

• Allow applications to be made to exclude places and objects from the Heritage Register.

• Allow for the inspection of documents by means of electronic publishing and for the Heritage Council to conduct hearings in person or by audio or visual link.

• Improve the overall operation of the Heritage Act.

Amendments in relation to the nomination of places and objects for inclusion in the Heritage Register

Government agencies tasked with delivering major transport projects in Victoria have sought greater certainty on their obligations under the Heritage Act. Under current legislation, there is a significant risk that major transport projects will be disrupted or delayed by the receipt of a new nomination after works have started.

The Bill will create greater certainty for these projects while maintaining the integrity of the Heritage Register. This is achieved through a provision that allows agencies to apply to the Executive Director for a decision that a place or object can be excluded from the Heritage Register. If an exclusion is granted, agencies will be able to plan projects on this basis over the five-year period that the decision applies.

The integrity of the Heritage Register is maintained by the requirement that applications for exclusion will only be granted if the Executive Director is completely satisfied that the places and objects do not and will not meet the threshold for registration. This decision can be reviewed if significant new information is forthcoming. The robustness of the decision-making process is supported by allowing the Heritage Council to receive requests to review the decision within the first 28 days.

Notices, publication and inspection of documents and hearings

The Bill modernises the legislation and increases public visibility of Heritage Act processes by allowing online access to key documents and notices via the Heritage Victoria or Heritage Council websites. Public access to Heritage Council hearings will also be enhanced by the new provisions outlining the process for hearings to be held using audio or visual links. The amendments also require searchable versions of Heritage Register and Heritage Inventory to be made available online.

General Amendments to the Heritage Act 2017

The Bill will improve Heritage Act processes. Key changes include:

• Streamlining the processes for amending permits.

• Allowing permit exemptions to be revoked if they do not reflect best heritage practice.

• Increasing consistency across the Heritage Act.

• Clarifying timeframes for decisions and notifications.

• Introducing offences to improve the operation of the archaeological provisions.

The Bill also introduces several practical changes. These include:

• Clarifying how and when to draw on security to ensure permit conditions are met

• Where places have multiple owners, ensuring only those directly affected by Heritage Act processes need to be involved

• Preventing people from being guilty of an offence when acting in accordance with a notice or order served on them.

Conclusion

I commend the Bill to the house.

Mr R SMITH (Warrandyte) (10:13): I move:

That the debate be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Thursday, 7 July.