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National Capital District Commission (Building Board) Regulation 1991

This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at  1 July 2001.

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Legislative Counsel
Dated 25 November 2006

INDEPENDENT STATE OF PAPUA NEW GUINEA.

No. 11 of 1991.

National Capital District Commission (Building Board) Regulation 1991

ARRANGEMENT OF SECTIONS.

National Capital District Commission (Building Board) Regulation 1991

MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council under the National Capital District Commission Act 1990.

Dated                   200 .

PART I. – PRELIMINARY.

1. INTERPRETATION.

In this Regulation unless contrary intention appears–

“Board” means the Building Board established under the Regulation.

PART II. – BUILDING BOARDS.

2. BUILDING BOARD.

The function of the Board is to regulate building standards in accordance with the Building Act 1971.

3. MEMBERSHIP OF THE BOARD.

(1) The Board shall consist of the following members:–

(a) two Commissioners nominated by the Commission, of whom one shall be the chairman;

(b) one member and one alternate member, both nominated by the Papua New Guinea Institute of Architects; and

(c) one member and one alternate member, both nominated by the Society of Consulting Engineers; and

(d) the City Engineer or his nominee.

(2) An alternate member may exercise the functions of the member only if the member for whom he is the alternate is unable or unwilling to attend a meeting.

4. QUORUM.

The quorum of any meeting of the Board shall be three members of whom one shall be a Commissioner.

5. DELEGATION OF FUNCTIONS BY CITY ENGINEER.

The City Engineer may delegate any of his functions (except this power of delegation) to a qualified engineer or architect employed by this Commission under this Regulation.

6. TERM OF OFFICE OF MEMBER.

A member of the Board shall hold office for a term of one year and is eligible for re-appointment.

7. SITTING ALLOWANCES.

A member is entitled to such sitting allowances as may be determined by the Minister under the Boards (Fees and Allowances) Act 1955.

8. REMOVAL OF A MEMBER.

A member of the Board may be removed by the Commission if–

(a) the member fails without prior approval of the chairman to attend three consecutive meetings of the Board; or

(b) the member commits a criminal offence; or

(c) the member fails to disclose his interest in any matter being considered by the Board; or

(d) in the opinion of the Commission, the member uses his position for personal gain; or

(e) the member is unable, by reason of his health, to perform his duties and functions; or

(f) the member ceases to be a permanent resident of the National Capital District.

9. MEETINGS OF THE BOARD.

(1) The Board shall meet as frequently, at such times and places as may be determined by the Board to carry out its functions under the Act.

(2) The Board shall determine its own proceedings.

10. TABLING OF MINUTES.

The minutes of the Board shall be tabled or submitted to the Commission on a regular basis.

11. APPEAL.

An appeal against a decision of the Board shall be made in accordance with the Building Act 1971.

12. BUILDING INSPECTORS.

(1) Subject to Subsection (3), the Board shall nominate persons to be building inspectors for the purposes of this Regulation.

(2) A person shall not be appointed an inspector unless he is a full time employee of the Commission.

(3) An appointment of an inspector must be rectified by the Commission and published in the National Gazette.

13. SAVINGS.

Any person who was duly appointed a Building Inspector under an Act or a law, and who holds office prior to the date of commencement of this Regulation, shall be deemed to have been appointed under this Regulation.

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