On-site Insight January 2007
In This Issue
2007 Apprentice and Cadet Training
2007 Apprentice & Cadet Training
ACT Environment Protection Authority Update:
This year Master Builders Group Training will provide training to more than 386 apprentices, cadets and school students. The majority of these are employed by them and contracted/hosted out to employers with the remainder being directly employed by an organisation, with Master Builders Group Training providing the training.
New Bicycle Parking Guidelines
The provision of training to apprentices and cadets directly employed by organisations is a major growth area in the services provided by Master Builders Group Training. They provide training in a broad range of areas to assist members, including:
School Based Apprentices
Site Planning and Maintenance Site Excavation and Diversion/Catch Drains
Verge Protection During Construction Are Trusts Still a Viable Vehicle for Asset Protection Register Now for 2007 Training Courses Control of Litter on Building Sites Compliance with Relevant Laws Regarding Demolition GST Treatment of Residential Premises
Important Dates Monday 26 February Master Builders Golf Day Wednesday 28 February Entries close for the 2007 Excellence in Building Awards Saturday 31 March Auction of ‘The Jenolan’, the Master Builders, LDA & PBS Charity House Friday 1 June 2007 2007 Excellence in Building Awards
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Carpentry Bricklaying Plastering Tiling Civil Frontline Management Project Management Training Administration
For further details contact our MBA Group Training Field Officers, Don Rail 0448 432 486 or Geoff Wood 0437 720 847
School-based Apprentices Master Builders Group Training will continue to engage year 11 school students into part-time apprenticeships this year. This program has seen a dramatic change in the perception of our industry by students, teachers and parents alike. This changed perception has directly impacted upon the number of young people interested in taking on a career within the building and construction industry. We now have the excellent application rates that were enjoyed 15-20 years ago with more than 250 applications being received for the 2007 apprentice intake. It is crucial that we continue the School-based Apprentice program, but need additional host employers to take on a student. For further details please contact our MBA Group Training Field Officers, Don Rail 0448 432 486 or Geoff Wood 0437 720 847
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On-site Insight ACT Environment Protection Authority Update The ACT Environment Protection Authority (EPA) in consultation with the MBA has produced a series of seven information sheets called “Best Practice Guidelines to Prevent Pollution from Residential Building Sites”. The information sheets target key areas of building site pollution control such as: • • • • • • •
Site Planning and Maintenance Site Excavation and Diversion/Catch Drains Sediment Control Barrier Stabilised Access Point Material Stockpile and Waste Management Designated Cutting Area and Wash Area Noise Management and Dust Minimisation
The fact sheets describe legislative responsibilities, construction notes, site maintenance and where to obtain further information. Over the coming editions of On-Site Insight, these key areas will be discussed in further detail.
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Maintenance of controls Regular maintenance of erosion and sediment controls is essential to their success. • • • •
Site Planning and Maintenance It is the responsibility of the developer/builder to ensure that pollution control measures are in place before work commences and are adequately maintained throughout construction. Ensure all workers (including subcontractors, delivery drivers, etc) are aware of their responsibilities to minimise pollution. Site Planning With a little forward thinking, and good planning, it is possible to minimise the number of control devices and thereby limit their interference with the building process. •
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Identify the slope of your block and ensure sediment controls are placed to protect any storm-water drains. Sediment control fences should be located at the lowest side/s of your site. Stabilised access point/crossover should be located as far away from the lowest point as possible. Identify stockpiles, waste sites and wash areas on the block and ensure they are situated behind your sediment controls. Avoid clearing vegetation and excavating until building commences. Rope off or fence the vegetation and grassed areas you are going to keep to help prevent damage to the surface of the site later on.
Advise all workers commencing work on site of the importance of maintaining sediment controls and to keep vehicles off site in wet weather. Encourage workers to park on paved/hardstand areas. The use of business signage placed near sediment controls can help promote your business as environmentally aware to potential customers. You can also win peak industry awards for best environmental practice by implementing environment protection controls resulting in wide promotion of your business.
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Ensure controls are checked daily and any repairs undertaken immediately. With regular maintenance and checks (especially after storm events), sediment fences can last for up to six months. A good maintenance program should include ongoing modification throughout the construction process. Aggregate may need to be re-applied to the entry/exit points. Ensure controls are put back in place if they are moved for any reason. It is important that controls are in place at the end of the day or before it rains.
Under the Environment Protection Act 1997 it is an offence to allow waste (including soil) to enter the storm-water system from your building site. Penalties can range from $100 on the spot fines to court fines of up to $50,000, 6 months in jail and a criminal record. For further information, please contact the EPA by calling Canberra Connect on 13 22 81.
Site Excavation and Diversion/Catch Drains It is the responsibility of the developer/builder to ensure that erosion and sediment control measures are in place before work commences and are adequately maintained throughout construction. Ensure all workers (including subcontractors, delivery drivers, etc) are aware of their responsibilities to minimise pollution.
On-site On-siteInsight Insight During site excavation the developer/builder should NEW BICYCLE PARKING GUIDELINES consider keeping as much vegetation as possible FOR NEW DEVELOPMENTS to minimise erosion. In addition, diversion/catch drains can be used to reduce the amount of water New planning travelling acrossguidelines a sloped covering surface. bicycle parking and other cycling-related facilities have come into effect for Why is this important? all new developments. Sediment in our waterways pollutes our creeks, lakes and rivers and has a major impact on water The new guidelines cover: quality, aquatic plants and animals. •
provision
of
bicycle
parking
during
the
Keep Vegetation development or redevelopment of apartments Vegetationand helps protect‘destination’ the soil from the effects popular buildings suchof as rain and surface water by: workplaces, shops, educational institutions and entertainment facilities;
• • Acting as a of cushion. are unable provision bicycle Raindrops rails for short-stay parking visitors shoppers, and secure long-stay to for move soiland particles when they hit the parking such as fully enclosed bicycle lockers surface. for employees and residents; and • Slowing the flow of water across the ground. • Fast showers and change facilities for soil new flowing water is able to carry more buildings. particles off site. • Roots holding the soil together so it cannot The guidelines apply to all activities that require be moved. development approval under the Land (Planning •and Environment) Grassed areas a filter by trapping Actacting 1991.as Single residences, dual soil particles. occupancies, townhouses, etc. do not require bicycle parking as most are designed with storage space
Identify trees and vegetation areas and to keep suitable for bicycles, such as garages sheds.on site. Rope off or fence those areas to help prevent damage to thecompliance surface of costs the site on. To minimise for later the developers:
Protect close the boundary, and • areas showers andtochange facilities aredrains only required gutters, and surface water flows may carry for where larger new buildings; • many small commercial developments will only sediment off site. need a small amount of low-cost visitor bicycle parking; and Avoid clearing vegetation and excavating until • developers have the option to provide general building commences. purpose storage space, instead of employee and resident bicycle parking, in many residential Diversion/Catch Drain developments andwater otherupslope smallerof commercial A diversion/catch drain stops your site developments. from flowing across the site. Dig a trench on the high side of the block. The trench should be about 150mm The ACT and Land Chief should Planning deep with a Planning curved shape. The Authority’s trench gradient Executive, Neil Savery, said the new bicycle be less than 5%. Water must be managed on yourparking site specifically aimed at minimising the – it guidelines must not bewere discharged off site. barriers to cycling by ensuring the availability of safe and convenient end-of-trip cycling facilities residences Under the Environment Protection Act at 1997 it is and common and recreational locations. an offence to allow waste (including soil) to enter the storm-water system from your building site. “The industry plays a $100 criticalonrole meeting Penalties can range from the in spot fines tothis aim. By providing good bicycle parking facilities, court fines of up to $50,000, six months in jail and athe industry can better meet its cycling customers’ needs, criminal record. whilst helping to reduce the overall cost of Canberra’s system by reducing pollution, Fortransport further information, pleasecongestion, contact theairEPA by greenhouse gas emissions and traffic accidents.” calling Canberra Connect on 13 22 81.
Register Now for 2007 Training Courses
The new guidelines replace the existing bicycle parking requirements in the Apartment Guidelines and the Registration and listing of names has commenced ACT Parking and Vehicle Access Guidelines. A public for training courses being delivered this year. These consultation exercise was held in the middle of the year courses include: to solicit feedback on the guidelines. • Asbestos Awareness Training Copies of the guidelines are available from the • Project Management Authority’s Dickson Customer Service Centre and • Construction Supervision online at www.actpla.act.gov.au in the Territory • Contract Administration Workshop Plan section. • Value for Money Tendering Workshop • Timber Framing Code Part II Workshop • Trenching and Ground Support Systems VERGE CourseTO BE PROTECTED DURING • The Safe CONSTRUCTION Use of Density and Moisture Gauges Containing Radioactive Sources • Wet Area Developers andWaterproofing builders areCourse reminded to install • Using Explosive Power temporary fencing to protect theTools vergeCourse areas, if required, • Confined Spaces Entry during construction. • Confined Spaces Entry Re-Training • Simmons, Occupational Health & Safety Craig the ACT Planning andInduction Land Authority’s • Occupational Health & Safety& Risk manager of Construction Policy Regulation and Management for Managers and said a recent Construction Occupations Registrar, Supervisors inspection by the Authority’s inspectors revealed that • First Aid Course 2 many construction sites- Level in Harrison did not have in • the First Aid Course 2 Refresher place requisite verge- Level protection. • The Contractors Management Program - Businessfencing Acquisition “Providing temporary around the verge areas Financial Management is stipulated- in the lease and development conditions, - Site will Controls and if required, be included in the development - Contracts Management approvals. This is necessary to protect the grass and Construction andimpact Building Services street trees,- to minimise the of construction on - Quantities Tendering the surrounding areas,” and he said. ItTemporary should alsofences be noted programs can betodelivered arethat normally required be 1.8 for individual organisations where appropriate metres high chainwire and should surround thegroups entire sizes are achievable. street verge other than the driveway verge crossings. For further urge information or toand enrol in a course please “I strongly developers builders to check their contact Normaapprovals on 6247 and 2099. development provide temporary fencing around the verge areas if required”. “The Authority will be carrying out random site audits in Master Builders Fidelity Fund addition to the usual practice of acting on advice from
the general public and the Land Development Agency Providing: to ensure that developers and builders abide by this • ACT Home Warranty Insurance requirement”.
• Discounts for MBA Members
The • Authority may issue Process infringement notices if Quick Application the developer or builder is found to have failed to provide temporary fencing to protect the verge areas Foraccordance more information about the Fidelityapproval. Fund in with their development contact Dave on penalties 6247 2099 Infringement notice are currently $1,000 for individuals and $5,000 for corporations.
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On-site Insight ACTTRUSTS Environment Authority ARE STILL Protection A VIABLE VEHICLE Update FOR ASSET PROTECTION? ACT Environment Authority (EPA) AThe recent case arising out ofProtection the Westpoint collapse¹ has in consultation with the MBA has produced a series of seven wide reaching implications on the use of discretionary information sheets called “Best Practice Guidelines to trusts for asset protection. Prevent Pollution from Residential Sites”.trust The Prior to the decision, assets of a Building discretionary information sheets target key areas of building site were viewed as not being property of the beneficiaries pollution control such as: of the trust. Therefore those assets were not available to creditors of beneficiaries. The case departed from Site Planning and Maintenance this •commonly understood principle. It does this by • Site Excavation and Diversion/Catch equating a beneficiary’s interest in a discretionary trust Drains as property. Sediment Barrier The•outcome of thisControl ruling will have profound impact on • Stabilised Access Point the use of trusts as an asset protection vehicle. • Material Stockpile and Waste Management • Designated Cutting Area and Wash Area Case • Noise Management and for Dust In this case ASIC obtained orders theMinimisation appointment of receivers over the property of a number of companies in TheWestpoint fact sheets legislative responsibilities, the group.describe These orders extended to property construction notes, site maintenance held by third parities that were trustees ofand any where trust of to obtain further information. Over the coming editions which the directors of Westpoint were beneficiaries. of On-Site Insight, these key areas will be discussed The reason for ASIC seeking the court orders was to in further detail. give it time to discover the true ownership and extent of the assets. The extent to which ASIC could investigate raised the question Site of whether the interest of a beneficiary of a Planning and Maintenance trust was “property” for the purposes of section 9 of the Act. If was then ASIC’s powers of It isCorporations the responsibility of itthe developer/builder to ensure investigation extend to assetsare which historically that pollutioncould control measures in place before itwork wouldcommences not have been investigate. This was andable areto adequately maintained because beneficiaries of trusts(including were throughouttraditionally construction. Ensure all workers believed not to have a property a trustofbut subcontractors, delivery drivers,interest etc) areinaware their rather a mere to expectancy in relation to the trust’s responsibilities minimise pollution. property. The judge believed the facts in the Westpoint case satisfied section 9 of the Corporations Act Site Planning definition of property so ASIC the orders With a little forward and thinking, andobtained good planning, it is to investigate the trustthe property. Judge went on to possible to minimise numberThe of control devices and say that: limit their interference with the building process. thereby ¹ Australian Securities and Investments Commission (In the Matter of Richstar • Identify the slope of your block and ensure Enterprises Pty Ltd) v Carey (No 6) (006) FCA 814
sediment controls are placed to protect any drains. Sediment control “the storm-water beneficiary who effectively controls thefences should be located at the lowest side/s of your trustee’s power of selection because he is the site. trustee or one of them and/or has the power to • Stabilised point/crossover should be appoint a trusteeaccess has something approaching located as far away from the lowest point as a general power and the ownership of the trust possible. property.” • Identify stockpiles, waste sites and wash areas on thewhere block and ensure theybeneficiary are situatedisbehind In other words a discretionary also your sediment controls. the trustee or the director and shareholder of a corporate • then Avoid vegetation andbeneficiary excavatinghas until trustee theclearing conclusion is that that building commences. Rope off or fence the “effective control”. vegetation and grassed areas you are going to keep to help prevent damage to the surface of the site later on.
On-site Insight Advise workers commencing work on site of What •should you all do? the importance of maintaining sediment controls Discretionary trusts as a means of asset protection can and to keep vehicles off site in Westpoint wet weather. still be an effective option but in light of the Encourage workers onwhen paved/hardstand decision great care should nowtobepark taken drafting areas. a discretionary trust, appointing the key roles of the • The and usemanaging of business signage placed trust, operating the trust. Anyone who isnear sediment controls can help promote using a trust as an asset protection vehicle now needsyour business as trust environmentally aware to potential to review their current structure. Lovegrove Lord customers. You can also win peak industry & Johnston can provide advice on how trust deeds can awards forthebest environmental be amended to avoid impact of this case. practice by implementing environment protection controls resulting in wide of yourSolicitor business. Andrew Lord, Partner andpromotion Lauren Crowe, Maintenance of posted controls This article is also on the Lovegrove Lord and Regular maintenance erosion and sediment Johnston e-library. A freeofresource to our clients controls and is essential to their success. associates. www.lovegrovelordjohnston.com •
Ensure controls are checked daily and any repairs undertaken immediately. • With regular maintenance and checks (especially after storm events), sediment fences can last for up to six months. • A good maintenance program should include ongoing modification throughout the construction process. • Aggregate may need to be re-applied to the entry/exit points. • Ensure controls are put back in place if they in any Building are moved for reason. ItAwards is important that controls are in place at the end of the day or Entries are now open for the 2007 Excellence before it rains. in Building Awards. Eligible entries must be completed the period 1 Protection January 2006 28 it is Under theinEnvironment Act to1997 February 2007 (except OHS and Showroom an offence to allow waste (including soil) to enter Awards). the storm-water system from your building site.
2007 Boral
Excellence
Penalties can range from $100 on the spot fines to Closing dateofisup Wednesday 286February 2007 court fines to $50,000, months in jail and a criminal record. For Information on entry fees contact Gerry on 6247 2099. information, please contact the EPA by For further calling Canberra Connect on 13 22 81.
2007 Boral Site Excavation and Diversion/Catch Excellence in Building Awards Drains The Excellence in Building Awards Dinner will be It isat the responsibility of the developer/builder held Exhibition Park on Friday 1 June 2007.
to ensure that erosion and sediment control measures are inbookings place before workper commences We are now taking of 10 people table for dinner.adequately For bookingmaintained information contact andthe are throughout Lorraine on 6247 Ensure 2099 construction. all workers (including Email: lorraine@mba.org.au subcontractors, delivery drivers, etc) are aware of their responsibilities to minimise pollution.
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On-site Insight During site excavation the developer/builder should consider keeping as much vegetation as possible to minimise erosion. In addition, diversion/catch drains can be used to reduce the amount of water travelling across a sloped surface. Why is this important? Sediment in our waterways pollutes our creeks, lakes and rivers and has a major impact on water quality, aquatic plants and animals. Keep Vegetation Vegetation helps protect the soil from the effects of rain and surface water by: • • • •
Acting as a cushion. Raindrops are unable to move soil particles when they hit the surface. Slowing the flow of water across the ground. Fast flowing water is able to carry more soil particles off site. Roots holding the soil together so it cannot be moved. Grassed areas acting as a filter by trapping soil particles.
Identify trees and vegetation areas to keep on site. Rope off or fence those areas to help prevent damage to the surface of the site later on. Protect areas close to the boundary, drains and gutters, and where surface water flows may carry sediment off site. Avoid clearing vegetation and excavating until building commences. Diversion/Catch Drain
A diversion/catch drain stops water upslope of your site from flowing across the site. Dig a trench on the high side of the block. The trench should be about 150mm deep with a curved shape. The trench gradient should be less than 5%. Water must be managed on your site – it must not be discharged off site. Under the Environment Protection Act 1997 it is an offence to allow waste (including soil) to enter the storm-water system from your building site. Penalties can range from $100 on the spot fines to court fines of up to $50,000, six months in jail and a criminal record.
Register Now for 2007 Training Courses Registration and listing of names has commenced for training courses being delivered this year. These courses include: • • • • • • • • • • • • • • • • •
Asbestos Awareness Training Project Management Construction Supervision Contract Administration Workshop Value for Money Tendering Workshop Timber Framing Code Part II Workshop Trenching and Ground Support Systems Course The Safe Use of Density and Moisture Gauges Containing Radioactive Sources Wet Area Waterproofing Course Using Explosive Power Tools Course Confined Spaces Entry Confined Spaces Entry Re-Training Occupational Health & Safety Induction Occupational Health & Safety Risk Management for Managers and Supervisors First Aid Course - Level 2 First Aid Course - Level 2 Refresher The Contractors Management Program - Business Acquisition - Financial Management - Site Controls - Contracts Management - Construction and Building Services - Quantities and Tendering
It should also be noted that programs can be delivered for individual organisations where appropriate groups sizes are achievable. For further information or to enrol in a course please contact Norma on 6247 2099.
Master Builders Fidelity Fund Providing: • ACT Home Warranty Insurance • Discounts for MBA Members • Quick Application Process For more information about the Fidelity Fund contact Dave on 6247 2099
For further information, please contact the EPA by calling Canberra Connect on 13 22 81.
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241 Northbourne Ave, Lyneham Canberra ACT 2602 Tel: (02) 6247 2099 Fax: (02) 6249 8374 www.mba.org.au
Control of Litter on Building Sites The ACT Construction Occupations Registrar has recently written to the Master Builders Association advising the Association that a significant number of complaints have been directed to ACTPLA regarding the inadequate control of litter, especially in the greenfields areas. Severe penalties can be imposed for noncompliance. Builders, ensure that you control litter on building sites by the provision of suitable containers to control windblown rubbish and litter. Builders should be aware that they have legal obligations under the ACT Building Act and the Building Code of Australia (ACT Appendix). The objective of this provision in the BCA is to prevent windblown litter from building sites fouling roads and public land. Builders must provide sufficient containers on their sites to store building waste that is likely to become windblown. Note: Building waste includes plastic containers and plastic and paper wrappings or any waste that can be carried by wind. It is a relatively simple process to contain litter and this can be easily achieved by a square or rectangular enclosure using reinforcing mesh with a couple of star pickets to secure the mesh. Please comply with these simple provisions and do your part to create a better environment.
Ensure That You are Complying with the Relevant Laws in regard to Demolition The Master Builders Association has received a number of complaints from the authorities and the general public regarding the failure of some builders to provide adequate measures to ensure that the sites are safe and dust is controlled. Licensed builders must ensure that demolition work is carried out in accordance with Section 26 of the ACT Building Act and in accordance with the approved demolition schedule for the work. Specifically, builders must ensure that the following measures are employed relative to the risks associated with various sites.
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Provision of adequate safety barriers on upper floor levels and the provision of adequate perimeter fencing. Provision of adequate dust control measures to control windblown dust. Provision of adequate scaffolding and hoardings to prevent debris from falling on to public walkways.
If you require more detailed information on the procedures associated with safe demolition practice, contact the MBA and we can provide you with a copy of the Code of Practice.
GST treatment of residential premises Alternative arrangements for revisions FOR YOUR INFORMATION: GST treatment of residential premises – update As previously advised, the GST treatment of residential premises was amended on 30 June 2006 (The Tax Laws Amendment [2006 Measure No 3] Act 2006), with effect from 1 July 2000. The Tax Office has put in place the following administrative arrangements: •
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Taxpayers who are affected by this amendment should review the treatment of past transactions for tax periods that fall within the last four years and make any necessary revisions to the relevant activity statements. Where taxpayers make revisions and pay the GST amount owing by 28 February 2007, the Tax Office will not apply a tax shortfall penalty and any general interest charge will be remitted in full. Where taxpayers make these revisions after 28 February 2007, no tax shortfall penalty will apply, however, general interest charge that accrues after 27 July 2006 will not be remitted.
For more information on this topic please contact Master Builders on 6247 2099 and we can provide you with an information fact sheet.