Hansard debates

Nick STAIKOS (Bentleigh – Minister for Housing and Building, Minister for the Suburban Rail Loop) (10:17): Under the Statewide Treaty Act 2025, I table a statement of treaty compatibility:

1. In my opinion, the Building Legislation and Treasury Legislation (Tax Relief) Amendment Bill 2026 (the Bill) is compatible with the matters set out in section 66(3)(d) of the Statewide Treaty Act 2025. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

2. The Bill is proposed to make miscellaneous reforms to building legislation, related amendments to the Water Act 1989 (Water Act) and the Sale of Land Act 1963 (Sale of Land Act) and separate amendments to the Emergency Services and Volunteers Fund Act 2012 (ESVF Act) and the Land Tax Act 2005 (Land Tax Act).

Building legislation and other related amendments

3. The amendments to the Building Act 1993 (Building Act) in the Bill include amendments to –

3.1 clarify and streamline processes relating to applications for permits to use a building or place for the provision of public entertainment and relating to prescribed temporary structures;

3.2 ensure that emergency orders and building notices and orders can be issued in appropriate circumstances relating to land the condition of which has been fundamentally altered by a natural hazard or human impact;

3.3 introduce a decennial insurance scheme for certain new residential apartment buildings;

3.4 expand the power to apply, adopt or incorporate documents by reference in any regulations under the Building Act to allow incorporation of any document, including the Building Code of Australia and other documents unrelated to building standards.

4. The Bill also amends the Building Act to give the Minister for Housing and Building power to designate land that is at one percent or higher risk of flooding in any twelve-month period as a flood-prone area, based on assessment of the land prepared by the relevant floodplain management authority, and makes related amendments to the Water Act.

5. The Bill amends the Sale of Land Act to require the fact that land is in a designated flood-prone area, and the particulars of any applicable cover under the statutory insurance scheme, to be communicated at the point of sale of land.

6. The Bill also amends the Building Legislation (Buyers Protection) Act 2025 (Buyers Protection Act) to ensure that the amendments in that Act to the Building Act operate as intended. These include amendments to enable regulations to be made allowing a limited exemption from, or the delay of, the payment of insurance premiums under the statutory insurance scheme and to require the Building and Plumbing Commission to consider issue of rectification orders prior to deciding a claim under the statutory insurance scheme.

7. It also amends the Buyers Protection Act to provide for transitional arrangements during the first two years of the statutory insurance scheme in relation to the scope of premiums orders for the calculation of insurance premiums, the determination of the minimum financial requirements for building practitioner registration and guidelines for assessing whether those minimum financial requirements are met.

8. The Bill also makes amendments to the Building and Construction Industry Security of Payment Act 2002 to improve the operation of that Act by requiring the Minister to complete three yearly reviews of the Act’s operation and to expand an immunity from civil liability held by adjudicators to authorised nominating authorities.

9. The Bill also corrects two technical drafting issues contained in unproclaimed amendments to the Building and Construction Industry Security of Payment Act 2002 made by the Building Legislation Amendment (Fairer Payments on Jobsites and Other Matters) Act 2025.

10. The Bill also makes a number of consequential and technical amendments to the Building and Plumbing Administration and Enforcement Act 2026 and the Cladding Safety Victoria Repeal Act 2026 (which are both currently Bills before Parliament).

11. The amendments with respect to the issue of emergency orders or building notices or orders in relation to condition-altered land and enabling the designation of flood-prone areas may directly impact First Peoples who are owners of the land, hold native title over the land or are a party to a Traditional Owner Settlement Agreement in respect of the land. However, the powers may affect all owners (and where applicable lessees) of land equally.

12. The amendments to requirements for places of public entertainment permits may impact First Peoples involved in the organisation of cultural events or events held by First Peoples organisations but the reforms seek to better support such events and their safety by improving flexibility and providing for clearer and more proportionate regulation.

ESVF Act amendments

13. The amendments to the ESVF Act in the Bill provide for the deferral of an increase in the emergency services and volunteers funding levy fixed charge for residential land, an exemption for Homes Victoria and a levy offset for community housing organisations. First Peoples are not directly impacted by the operation of the ESVF Act amendments, but as a broader class of people may be positively indirectly impacted.

Land Tax Act amendments

14. The Land Tax Act amendments correct anomalies in and improve the operation of the principal place of residence land tax exemption in cases of construction delay. First Peoples are not directly impacted by the operation of the Land Tax Act amendments, but as a broader class of people may be positively indirectly impacted.

Consultation with the First Peoples’ Assembly of Gellung Warl

15. Due to the recent establishment of the First Peoples’ Assembly of Gellung Warl, it was not possible to give the First Peoples’ Assembly the opportunity to advise on the Bill or for the Assembly to otherwise make representations about the effect of the Bill on First Peoples.

Compatibility of the Bill with each of the objects in section 66(3)(d) of the Statewide Treaty Act 2025

16. I have considered whether the Bill is compatible with the objects at section 66(3)(d) of the Statewide Treaty Act 2025 of:

16.1 advancing the inherent rights and self‑determination of First Peoples; and

16.2 addressing the unacceptable disadvantage inflicted on First Peoples by the historic wrongs and ongoing injustices of colonisation; and

16.3 ensuring the equal enjoyment of human rights and fundamental freedoms by First Peoples.

17. In my opinion the Bill does not affect any of the objects specified in section 66(3)(d)(i) to (iii) of the Statewide Treaty Act 2025 and is therefore compatible with each of those objects.

The Hon. Nick Staikos MP

Minister for Housing and Building