City of Kwinana v Lamont

(2014) 201 LGERA 334; [2014] WASCA 112

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Ordinary meaning
3. › Words of common usage
4. › Whether 'alter' in building legislation excludes works in the nature of 'repair'
5. › Whether subordinate legislation is a permissible aid to construction of parent statute
6. › Local Government (Miscellaneous Provisions) Act 1960 (WA), s 374(1)(b)
1. Local Government
2. › Building regulation
3. › Building licences
4. › Alteration of structure of building
5. › Meaning of 'alter'
6. › Meaning of 'structure'
7. › Whether building works altered the structure of a building
8. › Need to consider facts and circumstances of particular case
9. › Local Government (Miscellaneous Provisions) Act 1960 (WA), s 374(1)(b)

Quick Take

Work in the nature of repair to a building may constitute an 'alteration' of the 'structure' of the building requiring a building licence under s 374(1)(b) of the Local Government (Miscellaneous Provisions) Act 1960 (WA). The relevant comparison for determining whether an alteration has occurred is between the structure immediately before and after the works, not between the current state and the originally approved plans. The Building Regulations 1989 (WA) cannot be used as an aid to construe the parent Act.