Document ID: chunk:federal_register_of_legislation:F2022L00620:body:0:p65
Version: federal_register_of_legislation:F2022L00620
Segment Type: other
Provision Reference: 
Character Range: 177868–180820

December 1974.[117]

4.2.5               Utilities Act 2000 (ACT)
The provisions of the Utilities Act 2000 (ACT) apply to the substation at West Block.  The substation is accommodated in the Dugout, a former air raid shelter that is included in the CHL (ID 105428).
The Act requires that ActewAGL personnel have unimpeded and unrestricted access to the building without notice at all times.  The principal point of access to the substation is at the south end of the building, west elevation.
Consistent with ActewAGL's protocols, there must be no built form within five metres of a freestanding substation chamber, as is the case at West Block.  Further, the existing easement to the Dugout must be maintained, with no structure or fence built over it.

4.2.6               National Construction Code (BCA) compliance
The intent of the National Construction Code (BCA) is to achieve national standards in the areas of safety, health and amenity.  Compliance with the NCC is required for all new works and works to an existing building.
The NCC addresses all building compliance requirements as related to specified classes of buildings.  In its formulation and reference to relevant construction standards, the Code has been developed for new construction.  In this regard application wholesale to the refurbishment or redevelopment of a heritage building has the potential to have significant impacts, particularly if a 'full compliance' with the code is triggered.

In cases of existing buildings undergoing alterations and/or additions, some discretion may be available with regard to upgrading the existing part of the building to meet the NCC.

4.2.7               Disability Discrimination Act, 1992
On 1 May 2011, the Disability (Access to Premises – Buildings) Standards (Premises Standards) took effect under the Disability Discrimination Act 1992.  These standards align with the relevant provisions of the NCC.
Access for people with a disability as relevant to future works to West Block are addressed under the Disability Discrimination Act (DDA), 1992, and also under the NCC and the Australian Human Rights Commission 'Premises Standards'.  While the DDA sets out compliance requirements it is a document which also provisions for complaints where these requirements are not met.  In the case of the NCC, the requirements under Part D3 are express requirements which must be met under the Deemed to Satisfy provisions or by way of a Performance Solution.  Additionally, the Premises Standards provide guidance on both new works and works to existing buildings to meet access requirements.

Having regard to these documents, bringing heritage buildings into compliance typically requires a carefully resolved design response which frequently requires a balancing of access and heritage outcomes.  Given the absolute need to provide equitable access design solutions to upgrading and reuse need to be developed in a manner which optimises