Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
BUILDING AND
INTEGRATED PLANNING
AMENDMENT BILL 1998
Queensland
BUILDING AND INTEGRATED
PLANNING AMENDMENT BILL 1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--AMENDMENT OF BUILDING ACT 1975
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
5 Amendment of s 1 (Citation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
6 Omission of s 2 (Commencement of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 Replacement of s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
8 Omission of s 4A (Use of Crown buildings in emergency) . . . . . . . . . . . . . 17
9 Replacement of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Replacement of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 2--STANDARD BUILDING REGULATION
6 Standard Building Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7 Variation of how Standard Building Regulation may apply . . . . . . . 24
8 Deciding application to vary how Standard Building
Regulation will apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
9 Fast-track decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
10 Appeal from chief executive's decision . . . . . . . . . . . . . . . . . . . . . . . 26
11 Effect of variation of Standard Building Regulation . . . . . . . . . . . . . 26
12 How changes to Standard Building Regulation may affect
certain building work to be carried out . . . . . . . . . . . . . . . . . . . . . . . 26
2
Building and Integrated Planning Amendment
13 Alterations to safe existing work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
14 Alterations to unsafe existing work . . . . . . . . . . . . . . . . . . . . . . . . . . 27
11 Omission of pts 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
12 Replacement of pt 4B (Swimming pool fencing) . . . . . . . . . . . . . . . . . . . . . 28
PART 4B--SWIMMING POOL FENCING
30G Local law for fencing of swimming pools . . . . . . . . . . . . . . . . . . . . . 28
30H Outdoor swimming pools must be fenced . . . . . . . . . . . . . . . . . . . . . 29
30N Application for exemption from fencing . . . . . . . . . . . . . . . . . . . . . . 29
30S Revocation of decisions or previous variations . . . . . . . . . . . . . . . . . 30
30U Advice as to compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
30V Access to outdoor swimming pools must be kept secure . . . . . . . . . 32
30W Apportionment of cost of constructing dividing fence . . . . . . . . . . . 32
30X Appeals about swimming pool fencing . . . . . . . . . . . . . . . . . . . . . . . 33
13 Omission of pt 5 (Objections and appeals against local
governments' decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
14 Replacement of pt 6 heading (Regulatory powers of local government) . . 33
PART 6--SHOW CAUSE AND ENFORCEMENT NOTICES
15 Replacement of ss 5054 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
50A Show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
50 Enforcement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
51 Specific requirements of enforcement notices . . . . . . . . . . . . . . . . . 35
52 Appeals against enforcement notices . . . . . . . . . . . . . . . . . . . . . . . . . 36
16 Replacement of s 55 (Register of notices given) . . . . . . . . . . . . . . . . . . . . . 36
55 Register of notices given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
17 Omission of ss 5658 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
18 Replacement of section 59 (Disposal of building material and
recovery of costs by local government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Action local government may take if enforcement notice
not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
19 Replacement of ss 6163B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 6B--ACCREDITING BODIES AND BUILDING CERTIFIERS
Division 1--Accreditation
63C Authorisation of accrediting bodies . . . . . . . . . . . . . . . . . . . . . . . . . . 37
3
Building and Integrated Planning Amendment
63D Function of accrediting bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
63E Persons must not practice as building certifiers without
accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 2--Jurisdiction
63F Jurisdiction of building certifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 3--Auditing building certifiers
63G Accrediting body must audit building certifier's work . . . . . . . . . . . 40
Division 4--Complaints
63H Making a complaint against a building certifier . . . . . . . . . . . . . . . . 40
63I Building certifier must be advised of complaint . . . . . . . . . . . . . . . . 41
63J Accrediting body must investigate complaint . . . . . . . . . . . . . . . . . . 41
Division 5--Investigations
63K Accrediting body may require documents to be produced . . . . . . . . 41
63L Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
63M Power to enter and inspect building . . . . . . . . . . . . . . . . . . . . . . . . . . 42
63N Cooperating with investigation or audit . . . . . . . . . . . . . . . . . . . . . . . 43
63O Decision after investigation or audit completed . . . . . . . . . . . . . . . . 43
63P Accrediting body's decision may be appealed . . . . . . . . . . . . . . . . . 44
Division 6--Chief executive and court powers
63Q Chief executive may investigate building certifier . . . . . . . . . . . . . . 44
63R Chief executive's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
63S Appeal to the court against the chief executive's decision . . . . . . . 45
63T Court may make certain disciplinary findings . . . . . . . . . . . . . . . . . . 45
20 Replacement of ss 6464D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64A Giving security in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
64B Information to be supplied by the State . . . . . . . . . . . . . . . . . . . . . . . 48
21 Amendment of s 64E (Owner liable for offences under Standard
Building Law) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
22 Amendment of s 65 (Prosecution of offences) . . . . . . . . . . . . . . . . . . . . . . . 49
23 Omission of ss 66A and 66B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
24 Amendment of s 67 (Regulation making power) . . . . . . . . . . . . . . . . . . . . . 49
25 Insertion of new s 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
4
Building and Integrated Planning Amendment
68 Day when Standard Building Regulation was made for
Statutory Instruments Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
26 Amendment of s 76 (Swimming pool fencing compliance--hardship) . . . . 50
27 Replacement of s 78 (References to Standard Building By-laws
1991 etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
78 References to Standard Building Law etc. . . . . . . . . . . . . . . . . . . . . 50
28 Insertion of new ss 7982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
79 Existing referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
80 Existing registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
81 Lawfully constructed buildings and structures protected . . . . . . . . . 51
82 Lawfully constructed swimming pool fences protected . . . . . . . . . . 51
83 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 3--BUILDING AND CONSTRUCTION INDUSTRY
(PORTABLE LONG SERVICE LEAVE) ACT 1991
29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
30 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
31 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
32 Amendment of s 74 (Liability for levy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
33 Amendment of s 75 (When levy is payable) . . . . . . . . . . . . . . . . . . . . . . . . . 53
34 Amendment of s 77 (Duty of local government to sight approved form) . . 53
PART 4--AMENDMENT OF ENVIRONMENTAL PROTECTION
ACT 1994
35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
36 Amendment of s 37 (Duty to notify environment harm) . . . . . . . . . . . . . . . . 54
37 Replacement of ch 3, pt 4 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
PART 4--ENVIRONMENTAL AUTHORITIES FOR
ENVIRONMENTALLY RELEVANT ACTIVITIES WITHOUT
DEVELOPMENT APPROVALS
Division 1A--Preliminary
40A Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
38 Amendment of s 41 (Application for environmental authority) . . . . . . . . . . 55
39 Amendment of s 45 (Grant of application for environmental authority) . . . 55
40 Amendment of s 49 (Amendment of licence on application of
licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
41 Amendment of s 51 (Procedure for amending licence) . . . . . . . . . . . . . . . . 56
5
Building and Integrated Planning Amendment
42 Insertion of new ch 3, pts 4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 4A--ENVIRONMENTAL AUTHORITIES FOR LEVEL 1
ENVIRONMENTALLY RELEVANT ACTIVITIES WITH
DEVELOPMENT APPROVALS
Division 1--Preliminary
60F Application of pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 2--Licences
Subdivision 1--Applications for, and grant of, licences
60G Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
60H Administering authority to decide application for licence . . . . . . . . 57
60I Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
60J Grant of application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
60K Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
60L Refusal of application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Subdivision 2--Suspension and cancellation of licences
60M Licence may be suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . 60
60N Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . 60
Division 3--Level 1 approvals
Subdivision 1--Applications for, and grant of, level 1 approvals
60O Application for level 1 approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
60P Administering authority to decide application . . . . . . . . . . . . . . . . . 62
60Q Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
60R Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
60S Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
60T Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 2--Suspension and cancellation of level 1 approvals
60U Level 1 approval may be suspended or cancelled . . . . . . . . . . . . . . 64
60V Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . 64
Division 4--Dealings with environmental authorities
60W Definition for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
60X Notice of disposal by authority holder . . . . . . . . . . . . . . . . . . . . . . . . 67
60Y Notice of ceasing to carry out activity under
environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
6
Building and Integrated Planning Amendment
PART 4B--DEVELOPMENT APPROVALS FOR CERTAIN
ENVIRONMENTALLY RELEVANT ACTIVITIES
Division 1--Preliminary
60Z Application of pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2--Assessing development applications
60ZA Assessing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
60ZB Conditions of development approval . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 3--Effect of issue of certain development approvals
60ZC Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
60ZD Cancellation of pt 4 environmental authority and issue of
pt 4A environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
60ZE Issue of single environmental authority on issue of
development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 4--Offences
60ZF Offence to contravene development condition . . . . . . . . . . . . . . . . . 71
43 Replacement of ch 3, pt 4, div 5 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 4C--GENERAL PROVISIONS ABOUT
ENVIRONMENTALLY RELEVANT ACTIVITIES
44 Amendment of s 61 (Single applications and environmental
authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
45 Amendment of s 68 (Annual licence fee and return) . . . . . . . . . . . . . . . . . . 72
46 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
70A Material change of use for Integrated Planning Act . . . . . . . . . . . . . 73
47 Amendment of s 72 (When environmental audit required) . . . . . . . . . . . . . 73
48 Amendment of s 76 (Administering authority to consider and act
on environmental reports) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
49 Amendment of s 82 (Administering authority may require draft
program) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
50 Amendment of s 89 (Criteria for deciding draft program) . . . . . . . . . . . . . . 74
51 Amendment of s 97 (Effect of compliance with program) . . . . . . . . . . . . . . 74
52 Amendment of s 109 (When order may be issued) . . . . . . . . . . . . . . . . . . . . 75
53 Amendment of s 119 (Unlawful environmental harm) . . . . . . . . . . . . . . . . . 75
54 Amendment of s 127 (Offence of interfering with monitoring
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
55 Amendment of s 135 (Entry of place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
7
Building and Integrated Planning Amendment
56 Amendment of s 146 (Power to require production of documents) . . . . . . . 76
57 Amendment of s 162 (Failure to help authorised person--emergency) . . . 76
58 Amendment of s 163 (Failure to help authorised person--other cases) . . . 76
59 Insertion of new s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
193A Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
60 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 4A--ENFORCEMENT ORDERS
195A Proceeding for orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
195B Proceeding brought in a representative capacity . . . . . . . . . . . . . . . 77
195C Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
195D Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
195E Effect of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
195F Court's powers about orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
195G Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . . . . . 80
61 Amendment of s 196 (Devolution of powers) . . . . . . . . . . . . . . . . . . . . . . . . 80
62 Amendment of s 213 (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
63 Amendment of s 220 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 80
64 Amendment of sch 1 (Original decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
65 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 5--AMENDMENT OF ENVIRONMENTAL AND OTHER
LEGISLATION AMENDMENT ACT 1997
66 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
67 Amendment of s 29 (Amendment of s 196 (Devolution of powers)) . . . . . . 84
68 Amendment of 39 (Amendment of sch 4 (Dictionary)) . . . . . . . . . . . . . . . . 84
PART 6--AMENDMENT OF INTEGRATED PLANNING ACT
1997
69 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
70 Amendment of s 1.3.5 (Definitions for terms used in "development") . . . . 84
71 Amendment of s 2.2.18 (Local government's actions after
receiving reviewer's report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
72 Amendment of s 2.2.22 (Reviewers not liable for performing
functions under review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
73 Amendment of s 2.4.1 (Meaning of "State planning policy") . . . . . . . . . . . 85
74 Amendment of s 2.6.18 (Repealing designations) . . . . . . . . . . . . . . . . . . . . . 85
8
Building and Integrated Planning Amendment
75 Amendment of s 2.6.19 (Request to acquire designated land
under hardship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
76 Amendment of s 2.6.23 (If the designator does not act under the notice) . . 85
77 Amendment of s 3.1.2 (Development under this Act) . . . . . . . . . . . . . . . . . . 86
78 Amendment of s 3.1.3 (Code and impact assessment for
assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
79 Amendment of s 3.1.4 (When is a development permit necessary) . . . . . . 87
80 Amendment of s 3.1.6 (Preliminary approval may override local
planning instrument) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
81 Amendment of s 3.1.7 (Assessment manager) . . . . . . . . . . . . . . . . . . . . . . . . 88
82 Amendment of s 3.2.1 (Applying for development approval) . . . . . . . . . . . . 88
83 Amendment of s 3.2.2 (Approved material change of use required
for certain developments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
84 Amendment of s 3.2.3 (Acknowledgment notices generally) . . . . . . . . . . . . 88
85 Amendment of s 3.2.6 (Acknowledgment notices if there are
referral agencies or referral coordination is required) . . . . . . . . . . . . . . . . . . 89
86 Amendment of s 3.2.10 (Notification stage does not apply to
some changed applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
87 Amendment of s 3.2.11 (Withdrawing an application) . . . . . . . . . . . . . . . . . 89
88 Amendment of s 3.2.12 (Applications lapse in certain circumstances) . . . 89
89 Amendment of s 3.2.14 (Service provider notice for reconfiguring a lot) . . 90
90 Amendment of s 3.3.3 (Applicant gives material to referral agency) . . . . . 90
91 Amendment of s 3.3.6 (Information requests to applicant (generally) . . . . 90
92 Replacement of s 3.3.7 (Information requests to applicant
(referral coordination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
3.3.7 Information requests to applicant (referral coordination) . . . . . . . . . 91
93 Amendment of s 3.3.15 (Referral agency assesses application) . . . . . . . . . 91
94 Amendment of s 3.3.16 (Referral agency's response) . . . . . . . . . . . . . . . . . . 92
95 Amendment of s 3.3.20 (When does information and referral stage end) . . 92
96 Amendment of s 3.4.4 (Public notice of applications to be given) . . . . . . . 92
97 Amendment of s 3.4.9 (Making submissions) . . . . . . . . . . . . . . . . . . . . . . . . 92
98 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
99 Amendment of s 3.5.5 (Impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . 93
100 Amendment of s 3.5.11 (Decision generally) . . . . . . . . . . . . . . . . . . . . . . . . 94
101 Amendment of s 3.5.13 (Decision if application requires code
9
Building and Integrated Planning Amendment
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
102 Amendment of s 3.5.14 (Decision if application requires impact
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
103 Amendment of s 3.5.15 (Decision notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
104 Amendment of s 3.5.17 (Changing conditions during the
applicant's appeal period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
105 Amendment of s 3.5.18 (Applicant may suspend applicant's
appeal period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
106 Amendment s 3.5.19 (When approval takes effect) . . . . . . . . . . . . . . . . . . . 96
107 Replacement of s 3.5.20 (When development may start) . . . . . . . . . . . . . . 96
3.5.20 When development may start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
108 Amendment of s 3.5.21 (When approval lapses) . . . . . . . . . . . . . . . . . . . . . . 96
109 Amendment of s 3.5.22 (Request to extend currency period) . . . . . . . . . . . 97
110 Amendment of s 3.5.26 (Request to cancel development approval) . . . . . . 97
111 Amendment of s 3.5.32 (Conditions that cannot be imposed) . . . . . . . . . . . 98
112 Amendment of s 3.6.2 (Notice of direction) . . . . . . . . . . . . . . . . . . . . . . . . . 98
113 Amendment of s 3.7.2 (Plan for reconfiguring under development
permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
114 Amendment of s 4.1.21 (Court may make declarations) . . . . . . . . . . . . . . . 99
115 Amendment of s 4.1.23 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
116 Amendment of s 4.1.33 (Stay of operation of enforcement notice) . . . . . . 100
117 Omission of s 4.1.36 (Appeals against disqualification as a
private certifier) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
118 Amendment of s 4.2.1 (Establishing building and development
tribunals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
119 Amendment of s 4.2.2 (Consultation about multiple members tribunals) . 101
120 Amendment of s 4.2.4 (Referee with conflict of interest not to be
member of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
121 Amendment of s 4.2.7 (Jurisdiction of tribunals) . . . . . . . . . . . . . . . . . . . . . 101
122 Amendment of s 4.2.10 (Appeal by advice agency) . . . . . . . . . . . . . . . . . . 101
123 Amendment of s 4.2.14 (Stay of operation of enforcement notice) . . . . . . 102
124 Replacement of s 4.2.33 (Matters the tribunal may consider in
making a decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
4.2.33 Matters the tribunal may consider in making a decision . . . . . . . . 102
125 Amendment of s 4.2.34 (Appeal decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 102
10
Building and Integrated Planning Amendment
126 Insertion of new s 4.2.35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
4.2.35A Notice of compliance . . . . . . . . . . . . . . . . . . 103
127 Amendment of s 4.2.36 (Appointment of referees) . . . . . . . . . . . . . . . . . . . 103
128 Amendment of s 4.2.37 (Qualification of referees) . . . . . . . . . . . . . . . . . . . 103
129 Replacement of section 4.2.38 (Term of referee's appointment) . . . . . . . . 103
4.2.38 Term of referee's appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
130 Amendment of s 4.2.39 (Referee to make declaration) . . . . . . . . . . . . . . . 104
131 Insertion of new s 4.3.2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
4.3.2A Certain assessable development must comply with codes . . . . . . . 105
132 Amendment of s 4.3.3 (Compliance with development approval) . . . . . . . 105
133 Amendment of s 4.3.5 (Carrying on unlawful use of premises) . . . . . . . . . 105
134 Amendment of s 4.3.8 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . 105
135 Amendment of s 4.3.11 (Giving enforcement notice) . . . . . . . . . . . . . . . . . 105
136 Amendment of s 4.3.18 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . 106
137 Amendment of s 4.3.22 (Proceedings for orders) . . . . . . . . . . . . . . . . . . . . . 106
138 Amendment of s 4.4.7 (Application of div 3) . . . . . . . . . . . . . . . . . . . . . . . 107
139 Amendment of s 5.1.17 (Local government to consider all submission) . . 107
140 Amendment of s 5.2.2 (Agreements may be entered into about
infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
141 Amendment of s 5.3.3 (What is a private certifier) . . . . . . . . . . . . . . . . . . 107
142 Amendment of s 5.3.4 (Application must not be inconsistent with
earlier approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
143 Replacement of ss 5.3.55.3.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
5.3.5 Private certifier may decide certain development
applications and inspect and certify certain works . . . . . . . . . . . . . 108
5.3.6 Private certifier may act as assessing authority in certain
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
5.3.7 Entities (including local governments) may undertake
private certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
144 Omission of s 5.3.14 (Minister or accrediting body may disqualify
a private certifier) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
145 Amendment of s 5.4.5 (Compensation for erroneous planning and
development certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
146 Amendment of s 5.7.1 (Meaning of "available for inspection and
purchase") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
11
Building and Integrated Planning Amendment
147 Amendment of s 5.7.2 (Documents local government must keep
available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
148 Amendment of s 5.7.4 (Documents assessment manager must
keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . 111
149 Amendment of s 5.7.5 (Documents assessment manager must
keep available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
150 Amendment of s 5.7.6 (Documents department must keep
available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
151 Replacement of s 5.7.7 (Documents department must keep
available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
5.7.7 Documents chief executive must keep available for
inspection only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
152 Amendment of s 5.8.3 (Application of State Development and
Public Works Organization Act 1971) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
153 Amendment of s 6.1.1 (Definitions for pt 1) . . . . . . . . . . . . . . . . . . . . . . . . 113
154 Amendment of s 6.1.2 (Continuing effect of former planning scheme) . . . 115
155 Amendment of s 6.1.3 (What are transitional planning schemes) . . . . . . . 115
156 Amendment s 6.1.4 (Transitional planning schemes for local
government areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
157 Amendment of s 6.1.10 (Preparation of amendments to planning
schemes under repealed Act may continue) . . . . . . . . . . . . . . . . . . . . . . . . 115
158 Amendment of s 6.1.13 (Continuing effect of local planning policies) . . . 116
159 Amendment of 6.1.17 (Amending transitional planning scheme
policies for consistency with ch 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
160 Amendment of s 6.1.20 (Planning scheme policies for infrastructure) . . . 116
161 Amendment of s 6.1.23 (Continuing effect of approvals issued
before commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
162 Amendment of s 6.1.25 (Effect of commencement on certain
applications in progress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
163 Amendment of s 6.1.26 (Effect of commencement on other
applications in progress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
164 Amendment of s 6.1.28 (IDAS must be used for processing
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
165 Amendment of s 6.1.29 (Assessing applications) . . . . . . . . . . . . . . . . . . . . 119
166 Amendment of s 6.1.30 (Deciding applications) . . . . . . . . . . . . . . . . . . . . . 119
167 Amendment of s 6.1.31 (Conditions about infrastructure for
applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
12
Building and Integrated Planning Amendment
168 Amendment of s 6.1.34 (Consequential amendment of transitional
planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
169 Insertion of new ss 6.1.35A6.1.35C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
6.1.35A Applications to change conditions
of rezoning approvals under repealed Act . . . . . . . . . . . . . . . . . . . . 120
6.1.35B Development approvals prevail over
conditions of rezoning approvals under repealed Act . . . . . . . . . . . 121
6.1.35C Applications requiring referral
coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
170 Amendment of s 6.1.44 (Conditions may be changed or cancelled
by assessment manager or concurrence agency in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
171 Amendment of s 6.1.51 (Orders in council about Crown land
under repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
172 Insertion of new s 6.1.53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
6.1.53 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
173 Amendment of sch 1 (Process for making or amending planning
schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
174 Amendment of sch 4 (Process for making or amending State
planning policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
175 Amendment of sch 5 (Community infrastructure) . . . . . . . . . . . . . . . . . . . . 124
176 Amendment of sch 8 (Assessable, self-assessable and exempt
development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
177 Amendment of sch 9 (Consequential amendments) . . . . . . . . . . . . . . . . . . 125
178 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
179 Amendments for referral coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
180 Amendment for "transitional development applications" . . . . . . . . . . . . . 128
PART 7--QUEENSLAND BUILDING SERVICES AUTHORITY
ACT 1991
181 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
182 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
183 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
184 Amendment of s 18 (Role of the General Manager) . . . . . . . . . . . . . . . . . 129
185 Amendment of s 68 (Payment of insurance premium) . . . . . . . . . . . . . . . . 129
186 Amendment of s 108 (Obligation of local authority) . . . . . . . . . . . . . . . . . 130
13
Building and Integrated Planning Amendment
PART 8--CONSEQUENTIAL AMENDMENTS
187 Consequential amendments--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 131
CONSEQUENTIAL AMENDMENTS
BEACH PROTECTION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
BODY CORPORATE AND COMMUNITY MANAGEMENT
ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
CENTURY ZINC PROJECT ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
COASTAL PROTECTION AND MANAGEMENT ACT 1995 . . . . . . . . . 132
CREMATION ACT 1913 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
FIRE AND RESCUE AUTHORITY ACT 1990 . . . . . . . . . . . . . . . . . . . . . 133
INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . 134
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
LOCAL GOVERNMENT (CHINATOWN AND THE VALLEY
MALLS) ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
NATIONAL TRUST OF QUEENSLAND ACT 1963 . . . . . . . . . . . . . . . . . 138
NATURE CONSERVATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . 138
SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . 139
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 140
TRANSPORT OPERATIONS (PASSENGER TRANSPORT)
ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
WET TROPICS WORLD HERITAGE PROTECTION AND
MANAGEMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
1998
A BILL
FOR
An Act to amend the Building Act 1975, the Integrated Planning Act
1997 and other Acts
s1 16 s4
Building and Integrated Planning Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Building and Integrated Planning 4
Amendment Act 1998. 5
6
Commencement
Clause 2.(1) Part 5 commences immediately before the commencement of the 7
Environmental and Other Legislation Amendment Act 1997, section 6. 8
(2) The remaining provisions commence on a day to be fixed by 9
proclamation. 10
PART 2--AMENDMENT OF BUILDING ACT 1975 11
amended 12
Act
Clause 3. This part amends the Building Act 1975. 13
of title 14
Amendment
Clause 4. Title, `for local governments' to `structures, and'-- 15
omit, insert-- 16
`about the erection of buildings and other structures, to provide for 17
building certifying, and'. 18
s5 17 s9
Building and Integrated Planning Amendment
of s 1 (Citation) 1
Amendment
Clause 5. Section 1, heading-- 2
omit, insert-- 3
`Short title'. 4
of s 2 (Commencement of Act) 5
Omission
Clause 6. Section 2-- 6
omit. 7
of s 4 8
Replacement
Clause 7. Section 4-- 9
omit, insert-- 10
binds all persons 11
`Act
`4.(1) This Act binds all persons, including the State, and, as far as the 12
legislative power of the Parliament permits, the Commonwealth and the 13
other States. 14
`(2) Nothing in this Act makes the State liable to be prosecuted for an 15
offence.'. 16
of s 4A (Use of Crown buildings in emergency) 17
Omission
Clause 8. Section 4A-- 18
omit. 19
of s 5 (Interpretation) 20
Replacement
Clause 9. Section 5-- 21
omit, insert-- 22
23
`Definitions
`5.(1) In this Act-- 24
"accrediting auditor" see section 63K. 25
s9 18 s9
Building and Integrated Planning Amendment
"accrediting body" means a body authorised under a regulation under 1
section 63C to be an accrediting body for accrediting building 2
certifiers. 3
"approved form" means a form approved under section 64. 4
"assessment manager" has the meaning given by the Integrated Planning 5
Act 1997, section 3.1.7.1 6
"build" includes-- 7
(a) starting or continuing to build; and 8
(b) doing, or starting or continuing to do, work in the course of or for 9
building; and 10
(c) performing structural work or altering or adding to a building; 11
and 12
(d) moving a building from 1 position to a different position 13
(whether on the same allotment, another allotment or partly on the 14
same and partly on another allotment). 15
"building" means a fixed structure that is wholly or partly enclosed by 16
walls and is roofed, and includes a floating building and any part of a 17
building. 18
"building certifier" means an individual accredited as a building certifier 19
by an accreditation body. 20
"Building Code of Australia" means the edition, current at the relevant 21
time, of the Building Code of Australia (including the Queensland 22
Appendix) published by the body known as the Australian Building 23
Codes Board and includes the edition as amended from time to time 24
by amendments published by the board. 25
"building work" has the meaning given by the Integrated Planning Act 26
1 Section 3.1.7 (Assessment manager)--
3.1.7.(1) The "assessment manager", for an application, is--
(a) if the development is wholly within a local government's area--the
local government, unless a different entity is prescribed under a
regulation; or
(b) if paragraph (a) does not apply--
(i) the entity prescribed under a regulation; or
(ii)if no entity has been prescribed--the entity decided by the Minister.
(2) The assessment manager administers the application.
s9 19 s9
Building and Integrated Planning Amendment
1997, section 1.3.5.2 1
"complaint" means a complaint about a building certifier made under 2
part 6B. 3
"court" means the Planning and Environment Court. 4
"disciplinary finding" means a finding of professional misconduct. 5
"dividing fence" has the meaning given by the Dividing Fences Act 1953. 6
"enforcement notice" see section 50(1). 7
"indoor swimming pool" means a swimming pool-- 8
(a) wholly enclosed by the walls of a building; or 9
(b) on a building. 10
"local government" means the local government for the local government 11
area where the building work or other work is proposed. 12
"outdoor swimming pool" means a swimming pool other than an indoor 13
swimming pool. 14
"owner", of a building or structure, means-- 15
(a) if the building or structure is subject to the Integrated Resort 16
Development Act 1987 or the Sanctuary Cove Resort Act 1985-- 17
(i) for a single lot in the building or structure--the registered 18
proprietor; or 19
(ii) for 2 or more lots in the building or structure--the primary 20
thoroughfare body corporate; or 21
(b) if the building or structure is subject to the Mixed Use 22
Development Act 1993-- 23
2 Section 1.3.5 (Definitions for terms used in "development")--
"building work" means--
(a) building, repairing, altering, underpinning (whether by vertical or lateral
support), moving or demolishing a building; or
(b) excavating or filling--
(i) for, or incidental to, the activities mentioned in paragraph (a); or
(ii) that may adversely affect the stability of a building, whether on the
land on which the building is situated or on adjoining land; or
(c) supporting (whether vertically or laterally) land for activities mentioned
in paragraph (a).
s9 20 s9
Building and Integrated Planning Amendment
(i) for a single lot in the building or structure--the registered 1
proprietor; or 2
(ii) for 2 or more lots in the building or structure--the 3
community body corporate; or 4
(c) subject to paragraphs (a) and (b), if the building or structure is 5
subject to the Building Units and Group Titles Act 1980-- 6
(i) for a single lot in the building or structure--the registered 7
proprietor; or 8
(ii) for 2 or more lots in the building or structure--the body 9
corporate; or 10
(d) if the building or structure is, under the Body Corporate and 11
Community Management Act 1997, on scheme land for a single 12
community titles scheme-- 13
(i) for a single lot in the building or structure--the registered 14
proprietor; or 15
(ii) for 2 or more lots in the building or structure--the body 16
corporate for the scheme; or 17
(e) if the building or structure is, under the Body Corporate and 18
Community Management Act 1997, on scheme land for 2 or more 19
community titles schemes-- 20
(i) for a single lot in the building or structure--the registered 21
proprietor; or 22
(ii) for 2 or more lots in the building or structure--the body 23
corporate for the community titles scheme that is a principal 24
scheme; or 25
(f) if the building or structure is part of a time-sharing scheme and 26
the name and address of a person has been notified under the 27
Local Government Act 1993, section 7153--the person; or 28
(g) if the building or structure is on land being bought from the State 29
for an estate in fee simple under the Land Act 1994--the buyer; 30
or 31
3 Local Government Act 1993, section 715 (Notice of time share scheme to local
government)
s9 21 s9
Building and Integrated Planning Amendment
(h) if the building or structure is on land granted in trust or reserved 1
and set apart and placed under the control of trustees under the 2
Land Act 1994--the trustees of the land; or 3
(i) if paragraphs (a) to (h) do not apply--the person for the time 4
being entitled to receive the rent for the building or structure or 5
would be entitled to receive the rent for the building or structure if 6
the building or structure were let to a tenant at a rent. 7
"portable wading pool" means a pool that-- 8
(a) is capable of being filled with water to a depth of no more than 9
450 mm; and 10
(b) has a volume of no more than 2 000 L; and 11
(c) has no filtration system. 12
"private certifier" has the meaning given by the Integrated Planning Act 13
1997, section 5.3.3.4 14
"professional misconduct" includes conduct (whether by act or omission) 15
when a building certifier-- 16
(a) seeks, accepts or agrees to accept a benefit (whether for the 17
building certifier's benefit or another person) as a reward or 18
inducement to act other than under this Act; or 19
(b) acts in a way contrary to a duty under this Act; or 20
(c) falsely claims the building certifier has the qualifications, 21
necessary experience or accreditation to be engaged as a building 22
certifier; or 23
(d) acts outside the scope of the building certifier's powers; or 24
(e) contravenes a code of conduct published by an accrediting body; 25
or 26
4 Section 5.3.3 (What is a private certifier)--
A "private certifier" is an individual who--
(a) has the qualifications, necessary experience or accreditation prescribed
under a regulation under this or another Act for a certifier for a stated
code; and
(b) undertakes work by contractual arrangements with clients, either as an
individual or through an entity employing the individual.
s9 22 s9
Building and Integrated Planning Amendment
(f) acts negligently or incompetently in relation to the certifier's 1
practice. 2
"residential land" means land on which a class 1 or 2 building, under the 3
Standard Building Regulation, is constructed, or is to be constructed, 4
and includes land-- 5
(a) adjacent to the land; and 6
(b) in the same ownership as the land; and 7
(c) used in association with the land. 8
"revocation notice" see section 30S(3). 9
"show cause notice" see section 50A. 10
"Standard Building Regulation" means the regulation made under 11
section 6(1). 12
"structure" includes a wall or fence and anything fixed to or projecting 13
from a building, wall, fence or other structure. 14
"swimming pool" means an excavation or structure-- 15
(a) capable of being filled with water to a depth of 300 mm or more; 16
and 17
(b) capable of being used for swimming, bathing, wading, paddling 18
or some other human aquatic activity; and 19
(c) solely or principally used, or designed, manufactured or adapted 20
to be solely or principally used, for the purposes mentioned in 21
paragraph (b) despite its current use; 22
and includes a spa pool, spa tub or similar thing (whether portable or 23
fixed) and a wading pool (other than a portable wading pool), but does 24
not include-- 25
(d) a fish pond or pool solely or principally used, or designed, 26
manufactured or adapted to be solely or principally used, for 27
ornamental purposes; or 28
(e) a dam or tank solely or principally used, or designed, 29
manufactured or adapted to be solely or principally used, for 30
aquaculture, marine research or storage of water; or 31
(f) a watercourse; or 32
s 10 23 s 10
Building and Integrated Planning Amendment
(g) a portable wading pool. 1
"tourist resort complex" means a complex that operates as a single 2
integrated facility providing all, or substantially all, the recreational and 3
personal needs of guests resident at the complex and visitors at the 4
complex. 5
"tribunal" means a building and development tribunal established under 6
the Integrated Planning Act 1997, section 4.2.1.5 7
"watercourse" means-- 8
(a) a canal, creek, river or stream in which water flows permanently 9
or intermittently; or 10
(b) an ocean, a lake or other collection of water (whether permanent 11
or intermittent). 12
"young child" means a child under the age of 5 years. 13
(2) In this Act, a reference to building work is a reference to the aspect of 14
building work assessed under the Integrated Planning Act 1997 against this 15
Act.'. 16
of pt 2 17
Replacement
Clause 10. Part 2-- 18
omit, insert-- 19
`PART 2--STANDARD BUILDING REGULATION 20
Building Regulation 21
`Standard
`6.(1) A regulation (the "Standard Building Regulation") made under 22
this Act may be made about the following-- 23
(a) building work, the certification of building work and the 24
occupation of buildings; 25
(b) matters relating to the accrediting of building certifiers. 26
`(2) In carrying out building work or in occupying a building a person 27
5 Section 4.2.1 (Establishing building and development tribunals)
s 10 24 s 10
Building and Integrated Planning Amendment
must comply with the Standard Building Regulation even if a development 1
permit given by an assessment manager is contrary to the Standard 2
Building Regulation. 3
`(3) In this section-- 4
"Standard Building Regulation" includes any variation, exception or 5
exemption to the Standard Building Regulation permitted by this Act.6 6
of how Standard Building Regulation may apply 7
`Variation
`7.(1) This section applies if building work is proposed to be carried out, 8
is being carried out or has been carried out, and the building work will not, 9
or does not, comply in all respects with the Standard Building Regulation. 10
`(2) A person may apply to the chief executive to vary how the Standard 11
Building Regulation applies to the building work. 12
`(3) An application may not be made under this section if the Standard 13
Building Regulation permits an assessment manager or private certifier to 14
exercise discretion about the matter for which the variation is sought. 15
`(4) The application must be made in the approved form and be 16
accompanied by the fee prescribed under a regulation. 17
`(5) If the application is about building work proposed to be carried out 18
and for which a development application has been made under the 19
Integrated Planning Act 1997, the IDAS process under that Act-- 20
(a) stops on the day the application is received by the chief executive; 21
and 22
(b) starts again the day the chief executive gives the applicant written 23
notice under section 8(5). 24
application to vary how Standard Building Regulation will 25
`Deciding
apply 26
`8.(1) If there is an assessment manager or a private certifier for the 27
building work, the chief executive must consult with the assessment 28
6 Under the Acts Interpretation Act 1954, section 7, reference to the Act includes
reference to the Standard Building Regulation.
s 10 25 s 10
Building and Integrated Planning Amendment
manager or the private certifier about the application before deciding it. 1
`(2) The chief executive may consult with any other person about the 2
application before deciding it. 3
`(3) After considering the application, the chief executive must decide 4
to-- 5
(a) vary how the Standard Building Regulation applies to the building 6
work; or 7
(b) refuse to vary how the Standard Building Regulation applies to 8
the building work. 9
`(4) The chief executive must decide the application within 20 business 10
days after the application is made. 11
`(5) The chief executive must, within 5 business days after deciding the 12
application, give written notice of the decision to-- 13
(a) the applicant; and 14
(b) if there is an assessment manager or private certifier for the 15
building work--the assessment manager or private certifier. 16
`(6) Subsection (1) does not apply to building work carried out by or on 17
behalf of the State. 18
decisions 19
`Fast-track
`9.(1) The applicant, may, in the application, ask the chief executive to 20
decide the application within 2 business days after making the application. 21
`(2) A request made under subsection (1) must be accompanied by the 22
fee prescribed under a regulation. 23
`(3) The chief executive may grant or refuse the request. 24
`(4) If the chief executive grants the request, the chief executive may, as a 25
condition of granting the request, require the applicant to pay any reasonable 26
additional costs that would be incurred by the chief executive in deciding the 27
application within the 2 business days. 28
s 10 26 s 10
Building and Integrated Planning Amendment
from chief executive's decision 1
`Appeal
`10.(1) If the applicant is dissatisfied with the chief executive's decision, 2
the applicant may appeal to a tribunal against the decision under the 3
Integrated Planning Act 1997. 4
`(2) The appeal must be started within 20 business days after the day 5
notice of the decision is given to the applicant. 6
of variation of Standard Building Regulation 7
`Effect
`11.(1) This section applies if the chief executive decides to vary how the 8
Standard Building Regulation applies to the building work. 9
`(2) Subject to any appeal against the chief executive's decision, the 10
Standard Building Regulation, as varied by the decision, applies to the 11
building work. 12
`(3) An assessment manager or private certifier must not refuse to 13
approve an application for building work to which the chief executive's 14
decision relates merely on the ground that the building work does not 15
comply with the Standard Building Regulation. 16
changes to Standard Building Regulation may affect certain 17
`How
building work to be carried out 18
`12.(1) This section applies to building work if-- 19
(a) the lawful carrying out of the work starts before the Standard 20
Building Regulation is amended; or 21
(b) approval to carry out the work is given before the Standard 22
Building Regulation is amended, but the work does not start 23
before the amendment commences; or 24
(c) application to carry out the work is made before the Standard 25
Building Regulation is amended, but the application is not decided 26
before the Standard Building Regulation is amended; or 27
(d) planning for carrying out the work started before the Standard 28
Building Regulation is amended and the person deciding the 29
application is satisfied that to require the work to be replanned to 30
conform with the Standard Building Regulation after the 31
s 10 27 s 10
Building and Integrated Planning Amendment
amendment would cause financial hardship to the person for 1
whom the work is to be carried out having regard to the 2
following-- 3
(i) the stage the planning has reached; 4
(ii) the nature of the work; 5
(iii) the means and circumstances of the person. 6
`(2) For subsection (1)-- 7
(a) the work is lawfully carried out if the work is carried out in 8
accordance with the Standard Building Regulation in force 9
immediately before the amendment; and 10
(b) approval for the work may be given if the approval is given in 11
accordance with the Standard Building Regulation in force 12
immediately before the amendment. 13
`(3) For subsections (1) and (2), an amendment of the Standard Building 14
Regulation includes an amendment of the Building Code of Australia. 15
to safe existing work 16
`Alterations
`13.(1) If an application for building work is for adding to or altering a 17
building or other structure, the work must comply with the Standard 18
Building Regulation in force at the time the application for the work is 19
approved. 20
`(2) However, if the person approving the application is satisfied the 21
general safety and structural standards of the building or structure would not 22
be at risk if the addition or alteration were carried out in accordance with the 23
Standard Building Regulation or a local law in force in a local government 24
area at a particular time before the application was made, the person may 25
approve that the work be carried out in accordance with the Standard 26
Building Regulation or local law in force at that time. 27
to unsafe existing work 28
`Alterations
`14.(1) This section applies if an application for building work is for 29
adding to or altering a building or other structure and the person approving 30
the application is satisfied the building or structure is unsafe or structurally 31
s 11 28 s 12
Building and Integrated Planning Amendment
unsound. 1
`(2) The person approving the application may require, as a condition of 2
approving the application, that all or part of the building or structure 3
conform with the Standard Building Regulation in force-- 4
(a) at the time the application is approved; or 5
(b) at a time as will ensure the building or structure is made safe and 6
structurally sound.'. 7
mission of pts 34A 8
O
Clause 11. Parts 3 to 4A-- 9
omit. 10
of pt 4B (Swimming pool fencing) 11
Replacement
Clause 12. Part 4B-- 12
omit, insert-- 13
`PART 4B--SWIMMING POOL FENCING 14
law for fencing of swimming pools 15
`Local
`30G.(1) This section applies if a local government has a local law 16
requiring-- 17
(a) the construction of fencing around swimming pools; or 18
(b) doors, windows and other openings giving access to swimming 19
pools to comply with the local law. 20
`(2) The local law has effect only if the local law can reasonably be 21
characterised as being directed to inhibiting young children from accessing 22
swimming pools. 23
`(3) A local law is of no effect if the local law-- 24
(a) requires the construction of fencing around swimming pools on 25
land used, or to be used, for a tourist resort complex and the land 26
is specified under a regulation; or 27
s 12 29 s 12
Building and Integrated Planning Amendment
(b) allows the construction of fencing around outdoor swimming 1
pools on residential land to a standard less effective than the 2
standard required by section 30H. 3
swimming pools must be fenced 4
`Outdoor
`30H.(1) This section applies if an outdoor swimming pool is to be 5
constructed or installed on, or is on, residential land. 6
`(2) Before the pool is intentionally filled by the owner with water to a 7
depth of 300 mm or more, the owner of the land must construct around the 8
pool, fencing that complies with the design, construction and performance 9
standards (the "standards") prescribed under a regulation. 10
Maximum penalty--165 penalty units. 11
`(3) The owner must-- 12
(a) keep the fencing in good condition; and 13
(b) at all times, ensure the fencing complies with the standards 14
applying at the time of construction. 15
Maximum penalty--165 penalty units. 16
`(4) If the fencing no longer complies with the standards applying at the 17
time of construction because the owner or occupier of adjoining land has 18
constructed or placed something on the adjoining land, the owner of the 19
land with the pool on it is not required to construct additional fencing or 20
change existing fencing to comply with the standards. 21
for exemption from fencing 22
`Application
`30N.(1) An owner of residential land on which there is an outdoor 23
swimming pool, or on which an outdoor swimming pool is to be 24
constructed or installed, may apply to the local government for exemption 25
from complying with section 30H(2). 26
`(2) The local government may grant the application only if it is satisfied 27
it is unlikely a young child would gain access to the pool because of-- 28
(a) the physical nature or location of the land concerned; or 29
(b) the design or construction of the pool or fencing; or 30
s 12 30 s 12
Building and Integrated Planning Amendment
(c) the location of the pool or fencing. 1
`(3) The local government may grant the application subject to the 2
conditions the local government considers appropriate to inhibit young 3
children accessing the pool. 4
`(4) If an application is made under this section, the local government 5
must decide the application within 5 business days after the application is 6
made. 7
`(5) As soon as practicable after making the decision, the local 8
government must give the owner written notice of the decision. 9
`(6) The notice must state-- 10
(a) the reasons for the decision; and 11
(b) the decision may be appealed to a tribunal under the Integrated 12
Planning Act 1997; and 13
(c) the appeal must be made with 20 business days after the day the 14
owner receives the notice. 15
`(7) The owner of the land must comply with each condition attached to 16
the exemption. 17
Maximum penalty for subsection (7)--165 penalty units. 18
of decisions or previous variations 19
`Revocation
`30S.(1) This section applies if, in relation to fencing around an outdoor 20
swimming pool on residential land, a local government has previously 21
made a decision or given a variation and the local government is satisfied 22
1 or more of the following has happened-- 23
(a) the decision or variation was based on a false or misleading 24
particular given by the owner of the land; 25
(b) a significant change has happened so that reasonable provision no 26
longer exists for inhibiting access by young children to the pool; 27
(c) if the decision or variation was subject to conditions--the owner 28
has contravened a condition. 29
`(2) The local government must give the owner a show cause notice 30
inviting the owner to show cause why the decision or variation should not 31
s 12 31 s 12
Building and Integrated Planning Amendment
be revoked. 1
`(3) Subsection (2) applies only if the work the owner must do to 2
comply with section 30H(2) is not of a minor nature. 3
`(4) After considering any representations made to it under the show 4
cause notice, the local government may, by a further written notice (a 5
"revocation notice") given to the owner, revoke the decision or variation 6
previously given. 7
`(5) The revocation notice must specify-- 8
(a) what the owner must do to comply with section 30H(2); and 9
(b) the day by which the work must be done. 10
`(6) The owner must comply with the revocation notice. 11
Maximum penalty for subsection (6)--165 penalty units. 12
`(7) If the owner fails to perform the work required to be performed 13
under the revocation notice, the failure is taken to be a failure mentioned in 14
the Local Government Act 1993, section 661. 15
`(8) In this section-- 16
"variation" means a variation given under section 30M as in force 17
immediately before the commencement of the Building and Integrated 18
Planning Amendment Act 1998, part 2.7 19
as to compliance 20
`Advice
`30U.(1) The owner of residential land on which there is an outdoor 21
swimming pool may make written application to the local government for 22
written advice as to whether the fencing around the pool complies with 23
section 30H(2). 24
`(2) If an application is made under subsection (1), the local government 25
must-- 26
(a) decide if the fencing complies with section 30H(2); and 27
(b) give the owner written notice of its decision within 10 business 28
7 Section 30M (Variations), was repealed by the Building and Integrated Planning
Amendment Act 1998.
s 12 32 s 12
Building and Integrated Planning Amendment
days after receiving the application. 1
`(3) If the local government decides the fencing does not comply with 2
section 30H(2), the local government must-- 3
(a) include in the written notice given under subsection (2) the 4
reasons why the fencing does not comply; and 5
(b) advise the owner what must be done to make the fencing comply 6
with section 30H(2). 7
`(4) The owner must comply with the notice. 8
Maximum penalty--165 penalty units. 9
to outdoor swimming pools must be kept secure 10
`Access
`30V. The occupier of residential land on which there is an outdoor 11
swimming pool must ensure that any gate or door giving access to the pool 12
is kept securely closed at all times when the gate or door is not in use. 13
Maximum penalty--165 penalty units. 14
of cost of constructing dividing fence 15
`Apportionment
`30W.(1) The cost of constructing, altering, repairing, replacing and 16
maintaining an outdoor swimming pool fence consisting of the whole or 17
part of a dividing fence is, to the extent it is attributable to work done to 18
comply with section 30H(2), to be borne-- 19
(a) by the owner of the residential land on which the pool is 20
constructed or installed; or 21
(b) if the work or part of the work is done to comply with this part in 22
relation to more than 1 parcel of residential land--equally by the 23
owners of the parcels of land where the pools are constructed or 24
installed. 25
`(2) Subsection (1) applies despite the Dividing Fences Act 1953. 26
`(3) A local law mentioned in section 30G(1) does not limit the 27
discretion of a Magistrates Court under the Dividing Fences Act 1953. 28
s 13 33 s 15
Building and Integrated Planning Amendment
about swimming pool fencing 1
`Appeals
`30X.(1) An owner of residential land on which there is an outdoor 2
swimming pool who is dissatisfied with a decision, or the lack of a decision 3
within the time stated for the giving of the decision, of the local government 4
or a private certifier about a matter relating to the fencing around the pool 5
may appeal to a tribunal under the Integrated Planning Act 1997. 6
`(2) The appeal must be started within 20 business days after-- 7
(a) notice of the decision is given to the person; or 8
(b) if a decision is not given within the time stated for the giving of 9
the decision--the last day when the decision could have been 10
made.'. 11
of pt 5 (Objections and appeals against local governments' 12
Omission
decisions) 13
Clause 13. Part 5-- 14
omit. 15
of pt 6 heading (Regulatory powers of local government) 16
Replacement
Clause 14. Part 6, heading-- 17
omit, insert-- 18
ART 6--SHOW CAUSE AND ENFORCEMENT 19
`P
NOTICES'. 20
of ss 5054 21
Replacement
Clause 15. Sections 50 to 54-- 22
omit, insert-- 23
cause notices 24
`Show
`50A.(1) A notice (a "show cause notice") inviting the owner of a 25
building or structure to show cause why an enforcement or revocation 26
notice should not be given to the owner must-- 27
s 15 34 s 15
Building and Integrated Planning Amendment
(a) be in writing; and 1
(b) outline the facts and circumstances forming the basis for the 2
belief that an enforcement or revocation notice should be given to 3
the owner; and 4
(c) state that representations may be made about the show cause 5
notice; and 6
(d) state how the representations may be made; and 7
(e) state where the representations may be made or sent; and 8
(f) state-- 9
(i) a day and time for making the representations; or 10
(ii) a period within which the representations must be made. 11
`(2) The day or period stated in the notice must be, or must end, at least 12
20 business days after the notice is given. 13
notices 14
`Enforcement
`50.(1) A local government may give a notice (an "enforcement notice") 15
to the owner of a building or structure if the local government reasonably 16
believes the building or structure-- 17
(a) was built before the commencement of this section without, or 18
not in accordance with, the approval of the local government; or 19
(b) is dangerous; or 20
(c) is in a dilapidated condition; or 21
(d) is unfit for use or occupation; or 22
(e) is filthy, infected with disease or infested with vermin. 23
`(2) A local government may also give an enforcement notice to an 24
owner who does not comply with a particular matter in this Act. 25
`(3) A private certifier may also give an enforcement notice under 26
subsection (2) in relation to building work for which the private certifier is 27
engaged to perform the functions of a private certifier. 28
`(4) However, before a person gives an enforcement notice under this 29
Act to an owner, the person proposing to give the enforcement notice must 30
s 15 35 s 15
Building and Integrated Planning Amendment
give the owner a show cause notice. 1
`(5) Subsection (2) applies only if the matter, about which the person 2
proposing to give the enforcement notice, is not of a dangerous or minor 3
nature. 4
`(6) An enforcement notice given under this section is taken to be an 5
enforcement notice given under the Integrated Planning Act 1997, 6
section 4.3.11.8 7
requirements of enforcement notices 8
`Specific
`51.(1) Without limiting specific requirements an enforcement notice 9
may impose, an enforcement notice may require a person to do any of the 10
following-- 11
(a) to apply for a development permit under the Integrated Planning 12
Act 1997; 13
(b) to do, or not to do, another act to ensure building work complies 14
with the approval of the local government given before the 15
commencement of this section; 16
(c) to repair or rectify the building or structure; 17
(d) to secure the building or structure (whether by a system of 18
supports or in another way); 19
(e) to fence off the building or structure to protect persons; 20
(f) to cleanse, purify and disinfect the building or structure; 21
(g) to demolish or remove the building or structure; 22
(h) to comply with this Act for a particular matter. 23
`(2) However, a person may be required to demolish or remove the 24
building or structure only if the local government reasonably believes it is 25
not possible and practical to take steps to comply with subsection (1)(c) to 26
(f). 27
8 Section 4.3.11 (Giving enforcement notice)
s 16 36 s 18
Building and Integrated Planning Amendment
against enforcement notices 1
`Appeals
`52.(1) An owner who is given an enforcement notice under section 50 2
may appeal to a tribunal as if the appeal were an appeal under the Integrated 3
Planning Act 1997. 4
`(2) The appeal must be started within-- 5
(a) if the notice is given in relation to a dangerous building or 6
structure--5 business days; or 7
(b) if the notice is given for any other purpose--20 business days 8
after the enforcement notice is given to the person.'. 9
of s 55 (Register of notices given) 10
Replacement
Clause 16. Section 55-- 11
omit, insert-- 12
of notices given 13
`Register
`55.(1) Each local government must keep the register maintained under 14
this section before the commencement of the Building and Integrated 15
Planning Amendment Act 1998 open to inspection by the public. 16
`(2) A local government may remove from the register all entries and 17
details relating to a notice when the requirements of the notice have been 18
complied with.'. 19
of ss 5658 20
Omission
Clause 17. Sections 56 to 58-- 21
omit. 22
of section 59 (Disposal of building material and recovery 23
Replacement
of costs by local government) 24
Clause 18. Section 59-- 25
omit, insert-- 26
s 19 37 s 19
Building and Integrated Planning Amendment
local government may take if enforcement notice not complied 1
`Action
with 2
`59. If an enforcement notice is given under section 50(1)(b) to (e) or (2) 3
and the owner fails to perform the work required to be performed under the 4
notice, the failure is taken to be a failure mentioned in the Local 5
Government Act 1993, section 661.'. 6
of ss 6163B 7
Replacement
Clause 19. Sections 61 to 63B-- 8
omit, insert-- 9
ART 6B--ACCREDITING BODIES AND BUILDING 10
`P
CERTIFIERS 11
`Division 1--Accreditation 12
of accrediting bodies 13
`Authorisation
`63C.(1) A regulation may authorise an incorporated or statutory body to 14
be an accrediting body for accrediting building certifiers. 15
`(2) An incorporated or statutory body may not be authorised as an 16
accrediting body unless the accrediting body has identifiable competence 17
and expertise in accrediting building certifiers. 18
`(3) More than 1 incorporated or statutory body may be authorised as an 19
accrediting body for accrediting building certifiers. 20
of accrediting bodies 21
`Function
`63D.(1) The function of an accrediting body is to accredit individuals as 22
building certifiers. 23
`(2) For subsection (1), an accrediting body must-- 24
(a) maintain a code of conduct by which the performance of building 25
certifiers may be measured and to which building certifiers must 26
comply; and 27
s 19 38 s 19
Building and Integrated Planning Amendment
(b) maintain standards specifying the levels of accreditation available 1
and the minimum qualifications and experience required for each 2
level; and 3
(c) have balanced stakeholder representation, including industry, local 4
government and State government representation, on all its 5
committees; and 6
(d) monitor compliance by building certifiers with accreditation 7
requirements and implement disciplinary mechanisms in cases of 8
non-compliance; and 9
(e) carry out audits of work by building certifiers; and 10
(f) subject to section 63H(4), investigate all written complaints made 11
to the accrediting body about alleged breaches by building 12
certifiers of the code of conduct or this or another Act; and 13
(g) review the accreditation of, and if necessary take disciplinary 14
action against, building certifiers for proven unethical or 15
incompetent conduct, non-compliance with accreditation 16
requirements or failure to comply with the duties of a building 17
certifier as prescribed under this or another Act; and 18
(h) issue annual practice certificates that will ensure building certifiers 19
have maintained compliance with accreditation requirements 20
including renewal of the professional indemnity insurance cover 21
and continuing professional development required by regulation; 22
and 23
(i) give the chief executive and local governments, at least once each 24
year, a list of building certifiers and a summary of any 25
disciplinary action taken; and 26
(j) keep available for purchase by members of the public, on 27
payment of a reasonable fee-- 28
(i) a list of building certifiers; and 29
(ii) information about the accreditation history and status of each 30
building certifier; and 31
(iii) documented procedures for all accreditation body functions. 32
`(3) An accrediting body must not disclose unproved complaints against 33
a building certifier. 34
s 19 39 s 19
Building and Integrated Planning Amendment
must not practice as building certifiers without accreditation 1
`Persons
`63E. A person must not practice as a building certifier unless the person 2
holds current accreditation as a building certifier. 3
Maximum penalty--165 penalty units. 4
`Division 2--Jurisdiction 5
of building certifiers 6
`Jurisdiction
`63F.(1) This section applies only to the building work component of a 7
development application. 8
`(2) In assessing or deciding a development application under the 9
Integrated Planning Act 1997, section 5.3.59 , a building certifier must 10
assess and decide10 the application against-- 11
(a) this Act;11 or 12
(b) to the extent a local law is about the construction of fencing 13
around swimming pools and is not inconsistent with this 14
Act--the local law.12 15
`(3) If a building certifier is required under this Act to inspect work 16
relating to a development application, the building certifier's inspection of 17
the work must be against this Act. 18
`(4) If a building certifier gives a show cause or enforcement notice 19
under the Integrated Planning Act 1997, the notice must relate to building 20
work. 21
`(5) Nothing in this section prevents a building certifier who has the 22
9 Section 5.3.5 (Private certifier may decide certain development applications and
inspect and certify certain work)
10 Under the Integrated Planning Act 1997, section 5.3.4, the application must not
be inconsistent with any earlier approval and under the Integrated Planning Act
1997, section 5.3.5(4), the application must not be decided until certain other
assessments for the application are completed.
11 Under the Acts Interpretation Act 1954, section 7, reference to this Act includes
reference to the Standard Building Regulation.
12 See also the Integrated Planning Act 1997, section 3.5.4 (Code assessment).
s 19 40 s 19
Building and Integrated Planning Amendment
qualifications, necessary experience or accreditation for assessing or 1
deciding another aspect of a development application from assessing and 2
deciding the other aspect. 3
`Division 3--Auditing building certifiers 4
body must audit building certifier's work 5
`Accrediting
`63G.(1) For complying with its function under section 63D, an 6
accrediting body must audit the work of a building certifier. 7
`(2) When an accrediting body takes action under subsection (1)-- 8
(a) the accrediting body has the same powers it would have if it took 9
action under division 5; and 10
(b) the building certifier must comply with the requirements of 11
division 5 as if the requirements were made in relation to an 12
action under division 5. 13
`(3) If the accrediting body detects professional misconduct while 14
auditing the work of a building certifier, the accrediting body must 15
undertake disciplinary procedures as if a complaint had been received about 16
the professional misconduct. 17
`Division 4--Complaints 18
a complaint against a building certifier 19
`Making
`63H.(1) A person may make a complaint to the accrediting body about 20
a building certifier if the person believes the building certifier is guilty of 21
professional misconduct. 22
`(2) A complaint must-- 23
(a) be in writing; and 24
(b) contain particulars of the allegations on which it is founded; and 25
(c) be verified by statutory declaration. 26
`(3) The accrediting body may require the complainant to give further 27
s 19 41 s 19
Building and Integrated Planning Amendment
particulars of the complaint. 1
`(4) The accrediting body may dismiss any complaint without 2
investigation if the further particulars are not given or if the complaint or the 3
further particulars are not verified by statutory declaration. 4
certifier must be advised of complaint 5
`Building
`63I.(1) After receiving the complaint, the accrediting body must, by 6
written notice-- 7
(a) inform the building certifier of the nature of the complaint; and 8
(b) invite the building certifier to make, within the time stated in the 9
notice, representations to the accrediting body about the 10
complaint. 11
`(2) The time stated in the notice must be at least 5 business days after 12
the notice is given. 13
`(3) The accrediting body must have regard to the representations when 14
making its decision on the complaint. 15
body must investigate complaint 16
`Accrediting
`63J.(1) The accrediting body must conduct an investigation into the 17
complaint as soon as practicable. 18
`(2) The accrediting body may deal with 1 or more complaints about a 19
building certifier in the same investigation. 20
`(3) If during an investigation the accrediting body is satisfied there is 21
matter about which another complaint could have been made against the 22
building certifier, the accrediting body may deal with the matter in its 23
investigation as if a complaint had been made about the matter. 24
`Division 5--Investigations 25
body may require documents to be produced 26
`Accrediting
`63K.(1) For investigating a complaint or conducting an audit, an 27
accrediting body may, by written notice given to a building certifier, require 28
s 19 42 s 19
Building and Integrated Planning Amendment
the building certifier to produce a document to the accrediting body, or a 1
person authorised by the accrediting body (an "accrediting auditor"). 2
`(2) The notice may also state-- 3
(a) a time and place by which the document must be produced; or 4
(b) that the document must be verified by statutory declaration. 5
`(3) The time for compliance stated in the notice must be a reasonable 6
time. 7
of documents 8
`Inspection
`63L. An accrediting auditor may inspect any document produced to the 9
accrediting body and copy it or any part of it. 10
to enter and inspect building 11
`Power
`63M.(1) For investigating a complaint or conducting an audit, an 12
accrediting auditor may enter and inspect a building. 13
`(2) The entry and inspection must be-- 14
(a) made with the consent of the person in control of the building; or 15
(b) authorised by warrant of a magistrate. 16
`(3) An accrediting auditor may apply to a magistrate for a warrant under 17
this section for a particular building. 18
`(4) The application must be sworn and state the grounds on which it is 19
sought. 20
`(5) If the magistrate requires further information about the grounds on 21
which the warrant is sought, the magistrate must not issue the warrant 22
unless the accrediting auditor or some other person has given the 23
information to the magistrate in the form (either orally or by affidavit) that 24
the magistrate requires. 25
`(6) The magistrate may issue the warrant only if the magistrate is 26
satisfied there is a proper reason for entering and inspecting the building. 27
`(7) The warrant must state-- 28
(a) that the accrediting auditor may, with necessary and reasonable 29
s 19 43 s 19
Building and Integrated Planning Amendment
help and force, enter and inspect the building; and 1
(b) the hours of the day when entry may be made; and 2
(c) the day (not more than 14 days after the issue of the warrant) on 3
which the warrant ceases to have effect. 4
with investigation or audit 5
`Cooperating
`63N.(1) A building certifier who is being investigated or audited by the 6
accrediting body must assist in and cooperate with the investigation or audit. 7
`(2) A building certifier is guilty of professional misconduct if the 8
building certifier, without reasonable excuse-- 9
(a) fails to comply with subsection (1) or section 63K; or 10
(b) misleads or obstructs an accrediting body in the exercise of any 11
function under this division. 12
after investigation or audit completed 13
`Decision
`63O.(1) After investigating a complaint or conducting an audit, the 14
accrediting body must-- 15
(a) decide whether or not the building certifier is guilty of 16
professional misconduct; and 17
(b) give the building certifier and the complainant (if any) written 18
notice of the decision. 19
`(2) If the accrediting body decides the building certifier is guilty of 20
professional misconduct, the accrediting body must, by written notice-- 21
(a) caution or reprimand the building certifier; or 22
(b) impose the conditions it considers appropriate on the building 23
certifier's accreditation; or 24
(c) direct the building certifier to complete the educational courses 25
stated by the accrediting body; or 26
(d) direct the building certifier to report on his or her practice as a 27
building certifier at the times, in the way and to the persons stated 28
by the accrediting body; or 29
s 19 44 s 19
Building and Integrated Planning Amendment
(e) suspend the building certifier's accreditation for the term the 1
accrediting body considers appropriate; or 2
(f) cancel the building certifier's accreditation; or 3
(g) if the accrediting body is satisfied the building certifier is 4
generally competent and diligent and that no other material 5
complaints have been made against the building certifier--take no 6
further action. 7
`(3) The notice given under subsection (1)(b) must also state-- 8
(a) the reasons for the decision; and 9
(b) the decision may be appealed to the chief executive; and 10
(c) the appeal must be made with 20 business days after the day the 11
person receives the notice. 12
body's decision may be appealed 13
`Accrediting
`63P.(1) If a building certifier or a complainant is dissatisfied with the 14
accrediting body's decision, the building certifier or the complainant may 15
appeal to the chief executive against the decision. 16
`(2) The appeal must be made with 20 business days after the day the 17
appellant receives notice of the decision. 18
`(3) If the building certifier appeals to the chief executive, the building 19
certifier may apply to the court for a stay of the decision. 20
`Division 6--Chief executive and court powers 21
executive may investigate building certifier 22
`Chief
`63Q.(1) If a person appeals to the chief executive under section 63P, the 23
chief executive may investigate the matter about which the decision was 24
made. 25
`(2) In investigating the matter the chief executive has the same powers 26
as the accrediting body had to investigate the matter. 27
s 19 45 s 19
Building and Integrated Planning Amendment
executive's decision 1
`Chief
`63R.(1) After investigating the matter, the chief executive must-- 2
(a) decide whether or not the building certifier is guilty of 3
professional misconduct; and 4
(b) give a copy of the chief executive's decision to-- 5
(i) the building certifier; and 6
(ii) the complainant; and 7
(iii) the accrediting body. 8
`(2) In deciding the matter, the chief executive may direct the accrediting 9
body to do anything the accrediting body could have done under 10
section 63O. 11
`(3) The accrediting body must comply with the direction and do 12
anything necessary to give effect to it. 13
to the court against the chief executive's decision 14
`Appeal
`63S.(1) If a building certifier, a complainant or the accrediting body is 15
dissatisfied with the chief executive's decision, the building certifier, 16
complainant or accrediting body may appeal to the court against the 17
decision. 18
`(2) The appeal must be made with 20 business days after the appellant 19
receives notice of the decision. 20
`(3) If the building certifier appeals to the court, the building certifier may 21
also apply to the court for a stay of the decision. 22
may make certain disciplinary findings 23
`Court
`63T.(1) If an appeal is made to the court under section 63S, the court 24
must decide whether or not the building certifier is guilty of professional 25
misconduct. 26
`(2) The registrar of the court must give a copy of the court's decision 27
to-- 28
(a) the building certifier; and 29
s 20 46 s 20
Building and Integrated Planning Amendment
(b) the complainant; and 1
(c) the accrediting body. 2
`(3) In deciding the matter, the court may-- 3
(a) direct the accrediting body to do anything the accrediting body 4
could have done under section 63O; or 5
(b) impose a fine, of not more than 1 665 penalty units on the 6
building certifier; or 7
(c) order the building certifier to pay to the complainant or another 8
person the amount the court considers appropriate as 9
compensation for-- 10
(i) any costs in bringing the complaint; and 11
(ii) any damage suffered by the complainant or the other person 12
as a result of the professional misconduct; or 13
(d) make any other order the court considers appropriate. 14
`(4) The accrediting body must comply with the direction and do 15
anything necessary to give effect to it. 16
`(5) If the court orders that a building certifier's accreditation be 17
cancelled, the court may also order that the building certifier can not reapply 18
for accreditation by any accrediting body within the period (including the 19
period of the building certifier's lifetime) stated by the court.'. 20
of ss 6464D 21
Replacement
Clause 20. Sections 64 to 64D-- 22
omit, insert-- 23
forms 24
`Approved
`64. The chief executive may approve forms for use under this Act. 25
security in certain cases 26
`Giving
`64A.(1) This section applies to approvals to carry out building work 27
relating to-- 28
(a) the removal of a building or other structure (whether for 29
s 20 47 s 20
Building and Integrated Planning Amendment
rebuilding at another site or not); and 1
(b) the rebuilding of a building or other structure that is to be 2
removed from another site. 3
`(2) If the application is made to a local government, the local 4
government may, before approving the application or as a condition of the 5
approval, require the applicant to give the local government security for the 6
amount and in the form the local government decides. 7
`(3) If the application is made to a private certifier, the private certifier 8
must, before approving the application, ask the local government to advise 9
the amount and the form of the security the local government requires for 10
the building work. 11
`(4) If a request is made under subsection (3), the local government 12
must, within 5 business days after the request is made, give the owner and 13
the private certifier written notice of the amount and the form of the security 14
the local government requires for the application. 15
`(5) The owner may appeal to a tribunal under the Integrated Planning 16
Act 1997 against the decision of the local government about the amount and 17
the form of the security. 18
`(6) The appeal must be started within 20 business days after notice of 19
the decision is given to the owner. 20
`(7) If the local government does not comply with subsection (4), the 21
private certifier must decide the application without requiring any security. 22
`(8) The amount of the security must not be more than the value of the 23
building work to be carried out in accordance with the Standard Building 24
Regulation. 25
`(9) Before approving the application, the private certifier must be 26
satisfied the security has been given to the local government. 27
`(10) If an approval mentioned in this section is given and the approval 28
lapses because the building work has not been substantially completed 29
within the time prescribed for that purpose in the Standard Building 30
Regulation, the local government may take the action it considers necessary 31
to have the building work completed in accordance with the approval. 32
`(11) In taking action under subsection (10), the local government may 33
use all or part of the security given for the building work. 34
s 21 48 s 21
Building and Integrated Planning Amendment
`(12) If building work mentioned in this section is approved and security 1
is given for the building work, the local government-- 2
(a) may at any time, having regard to the progress being made in 3
carrying out the building work, release part of the security to the 4
person who gave it; and 5
(b) must, if the building work has been completed in accordance with 6
the approval (other than under subsection (10)), refund the 7
security or, as the case may be, the balance of the security to the 8
person who gave it. 9
to be supplied by the State 10
`Information
`64B. If building work mentioned in the Integrated Planning Act 1997, 11
schedule 8, part 2 is carried out by or on behalf of the State, the State must 12
give to the local government the information prescribed under a regulation.'. 13
of s 64E (Owner liable for offences under Standard 14
Amendment
Building Law) 15
Clause 21.(1) Section 64E, heading `Law'-- 16
omit, insert-- 17
`Regulation'. 18
(2) Section 64E, `Where the Standard Building Law'-- 19
omit, insert-- 20
`If the Standard Building Regulation'. 21
(3) Section 64E, `that Law'-- 22
omit, insert-- 23
`the Standard Building Regulation'. 24
s 22 49 s 25
Building and Integrated Planning Amendment
of s 65 (Prosecution of offences) 1
Amendment
Clause 22. Section 65, `Law'-- 2
omit, insert-- 3
`Regulation'. 4
mission of ss 66A and 66B 5
O
Clause 23. Sections 66A and 66B-- 6
omit. 7
of s 67 (Regulation making power) 8
Amendment
Clause 24.(1) Section 67(2)(a)-- 9
omit. 10
(2) Section 67(2)(d), `20'-- 11
omit, insert-- 12
`165'. 13
of new s 68 14
Insertion
Clause 25. In part 7, after section 67-- 15
insert-- 16
when Standard Building Regulation was made for Statutory 17
`Day
Instruments Act 1992 18
`68. For the Statutory Instruments Act 1992, part 713, the Standard 19
Building Regulation is taken to have been made on 14 December 1993.'. 20
13 Statutory Instruments Act 1992, part 7 (Staged automatic expiry of subordinate
legislation)
s 26 50 s 28
Building and Integrated Planning Amendment
of s 76 (Swimming pool fencing compliance--hardship) 1
Amendment
Clause 26. Section 76(2), `(Outdoor swimming pools to be fenced)'-- 2
omit. 3
of s 78 (References to Standard Building By-laws 1991 4
Replacement
etc.) 5
Clause 27. Section 78-- 6
omit, insert-- 7
to Standard Building Law etc. 8
`References
`78. A reference in an Act or document to the Standard Building 9
By-laws 1991, the Standard Building By-laws (however described) or the 10
Standard Building Law is a reference to the Standard Building Regulation. 11
12
Example--
13
A reference to the Standard Building By-laws as `those by-laws' is a reference to
14
the Standard Building Regulation.'.
of new ss 7982 15
Insertion
Clause 28. After section 78-- 16
insert-- 17
referees 18
`Existing
`79. A person who, immediately before the commencement of this 19
section, was a referee under this Act is, until the end of the term for which 20
the person was appointed under this Act, taken to be a referee appointed 21
under the Integrated Planning Act 1997, section 4.2.36. 22
registrar 23
`Existing
`80. The person who, immediately before the commencement of this 24
section, was the registrar under this Act is taken to be the registrar appointed 25
under the Integrated Planning Act 1997, section 4.2.8. 26
s 29 51 s 29
Building and Integrated Planning Amendment
constructed buildings and structures protected 1
`Lawfully
`81. If a building or structure was lawfully constructed before the 2
commencement of this section, the Standard Building Regulation can not 3
require the building or structure to be altered or removed unless the building 4
or structure is-- 5
(a) dangerous; or 6
(b) in a dilapidated condition and unfit for use or occupation; or 7
(c) filthy; or 8
(d) is infected with disease; or 9
(e) is infested with vermin. 10
constructed swimming pool fences protected 11
`Lawfully
`82. If a swimming pool fence was lawfully constructed and maintained 12
before the commencement of this section, the Standard Building Regulation 13
can not require the fence to be altered unless the fence is no longer 14
maintained. 15
and renumbering of Act 16
`Numbering
`83. In the next reprint of this Act produced under the Reprints Act 1992, 17
the provisions of this Act must be numbered and renumbered as permitted 18
by the Reprints Act 1992, section 43.'. 19
PART 3--BUILDING AND CONSTRUCTION 20
INDUSTRY (PORTABLE LONG SERVICE LEAVE) 21
ACT 1991 22
amended 23
Act
Clause 29. This part amends the Building and Construction Industry (Portable 24
Long Service Leave) Act 1991. 25
s 30 52 s 32
Building and Integrated Planning Amendment
of s 2 (Commencement) 1
Omission
Clause 30. Section 2-- 2
omit. 3
of s 3 (Interpretation) 4
Amendment
Clause 31.(1) Section 3, heading-- 5
omit, insert-- 6
`Definitions'. 7
(2) Section 3-- 8
insert-- 9
` "assessment manager" has the meaning given by the Integrated 10
Planning Act 1997.14 11
"private certifier" has the meaning given by the Integrated Planning Act 12
1997.15'. 13
of s 74 (Liability for levy) 14
Amendment
Clause 32. Section 74(b),-- 15
omit, insert-- 16
14 Integrated Planning Act 1997, section 3.1.7--
The "assessment manager", for an application, is--
(a) if the development is wholly within a local government's area--the local
government, unless a different entity is prescribed under a regulation; or
(b) if paragraph (a) does not apply--
(i) the entity prescribed under a regulation; or
(ii) if no entity has been prescribed--the entity decided by the Minister.
Under Integrated Planning Act 1997, section 5.3.5(1)(a), a private certifier may,
in certain circumstances, act as an assessment manager.
15 Integrated Planning Act 1997, section 5.3.3--
A "private certifier" is an individual who--
(a) has the qualifications, necessary experience or accreditation prescribed
under a regulation under this or another Act for a certifier for a stated
code; and
(b) undertakes work by contractual arrangements with clients, either as an
individual or through an entity that employs the individual.
s 33 53 s 34
Building and Integrated Planning Amendment
`(b) if paragraph (a) does not apply and under the Integrated Planning 1
Act 1997 an application is made to the assessment manager for 2
development approval of building work under that Act--the 3
applicant; or'. 4
of s 75 (When levy is payable) 5
Amendment
Clause 33. Section 75(1)(a)-- 6
omit, insert-- 7
`(a) before an application is made under the Integrated Planning Act 8
1997 to the assessment manager for development approval of 9
building work under that Act; or' 10
of s 77 (Duty of local government to sight approved 11
Amendment
form) 12
Clause 34.(1) Section 77, heading-- 13
omit, insert-- 14
`Duty of assessment manager to sight approved form'. 15
(2) Section 77(1), `A local government' to `the local government'-- 16
omit, insert-- 17
`The assessment manager may, under the Integrated Planning Act 1997, 18
accept a development application for building work under that Act only if 19
the assessment manager'. 20
(3) Section 77(3), `Subsection (1) does'-- 21
omit, insert-- 22
`Subsections (1) and (3) do'. 23
(4) Section 77(3)-- 24
renumber as section 77(4). 25
(5) Section 77-- 26
insert-- 27
`(3) A private certifier who is acting as an assessment manager must not 28
s 35 54 s 37
Building and Integrated Planning Amendment
contravene subsection (1). 1
Maximum penalty--16 penalty units.'. 2
ART 4--AMENDMENT OF ENVIRONMENTAL 3
P
PROTECTION ACT 1994 4
amended 5
Act
Clause 35. This part amends the Environmental Protection Act 1994. 6
of s 37 (Duty to notify environment harm) 7
Amendment
Clause 36. Section 37(2)(e)-- 8
omit, insert-- 9
`(e) a development condition of a development approval; or 10
(f) an emergency direction.'. 11
of ch 3, pt 4 heading 12
Replacement
Clause 37. Chapter 3, part 4, heading-- 13
omit, insert-- 14
ART 4--ENVIRONMENTAL AUTHORITIES FOR 15
`P
ENVIRONMENTALLY RELEVANT ACTIVITIES 16
WITHOUT DEVELOPMENT APPROVALS 17
1A--Preliminary 18
`Division
of pt 4 19
`Application
`40A.(1) This part applies to the following environmental authorities-- 20
(a) an environmental authority in force immediately before the 21
s 38 55 s 39
Building and Integrated Planning Amendment
commencement of this section to carry out an environmentally 1
relevant activity; 2
(b) an environmental authority issued on or after the commencement 3
on application for an environmental authority made before the 4
commencement, to carry out an environmentally relevant activity; 5
(c) an environmental authority issued before the commencement but 6
effective from a date on or after the commencement to carry out 7
an environmentally relevant activity; 8
(d) an environmental authority to carry out an environmentally 9
relevant activity for which a development approval is not 10
required; 11
(e) an environmental authority to carry out an environmentally 12
relevant activity for which a development approval is in force 13
immediately before the commencement.'. 14
of s 41 (Application for environmental authority) 15
Amendment
Clause 38. Section 41-- 16
insert-- 17
`(3) A regulation may prescribe a circumstance when the application fee, 18
or part of the fee, is not required to accompany the application.'. 19
of s 45 (Grant of application for environmental 20
Amendment
authority) 21
Clause 39.(1) Section 45, `10 days after making the decision'-- 22
omit, insert-- 23
`the prescribed period'. 24
(2) Section 45-- 25
insert-- 26
`(5) In this section-- 27
"prescribed period" means-- 28
(a) if, under a regulation, the application fee, or part of the fee, is not 29
s 40 56 s 42
Building and Integrated Planning Amendment
required to accompany the application for an environmental 1
authority--within 10 days after the later of-- 2
(i) the decision to grant the application is made; or 3
(ii) payment of the application fee or part of the fee; or 4
(b) if paragraph (a) does not apply--within 10 days after the decision 5
to grant the application is made.'. 6
of s 49 (Amendment of licence on application of licensee) 7
Amendment
Clause 40. Section 49(9)-- 8
omit, insert-- 9
`(9) The criteria for deciding an application for an environmental 10
authority mentioned in section 44 apply to the application for the 11
amendment of the licence.'. 12
of s 51 (Procedure for amending licence) 13
Amendment
Clause 41. Section 51(3)-- 14
omit, insert-- 15
`(3) The amendment of the licence takes effect from-- 16
(a) the day after the review date; or 17
(b) if subsection (1)(a) applies--the earlier date agreed to by the 18
licensee.'. 19
of new ch 3, pts 4A and 4B 20
Insertion
Clause 42. After section 60E-- 21
insert-- 22
s 42 57 s 42
Building and Integrated Planning Amendment
`PART 4A--ENVIRONMENTAL AUTHORITIES FOR 1
LEVEL 1 ENVIRONMENTALLY RELEVANT 2
ACTIVITIES WITH DEVELOPMENT APPROVALS 3
1--Preliminary 4
`Division
of pt 4A 5
`Application
`60F. This part applies to the carrying out of a level 1 environmentally 6
relevant activity for which a development approval is required. 7
`Division 2--Licences 8
1--Applications for, and grant of, licences 9
`Subdivision
for licence 10
`Application
`60G.(1) An application for a licence to carry out the activity must-- 11
(a) be made to the administering authority in the approved form; and 12
(b) be supported by enough information to enable the authority to 13
decide the application; and 14
(c) be accompanied by the appropriate application fee. 15
`(2) However, a regulation may prescribe a circumstance when the 16
application fee, or part of the fee, is not required to accompany the 17
application. 18
authority to decide application for licence 19
`Administering
`60H. The administering authority must decide the application within 20
28 days after the application date. 21
s 42 58 s 42
Building and Integrated Planning Amendment
for deciding application 1
`Criteria
`60I. In deciding whether to grant or refuse the application or what 2
should be the conditions of the licence, the administering authority must 3
consider-- 4
(a) additional information given in relation to the application; and 5
(b) any report about the applicant's suitability to hold, or continue to 6
hold, a licence; and 7
(c) any submission by the applicant for an integrated environmental 8
management system for the activity. 9
of application for licence 10
`Grant
`60J.(1) If the administering authority decides to grant the application, 11
the authority must, within the prescribed period-- 12
(a) issue a licence in the approved form; and 13
(b) insert it in the appropriate register; and 14
(c) give to the applicant-- 15
(i) a copy of the licence; and 16
(ii) if the authority has imposed conditions on the licence--a 17
written notice stating that the licensee may apply for a review 18
of, or appeal against, the decision within 14 days after receipt 19
of the notice.16 20
`(2) The licence takes effect from the day stated in it, but the day stated 21
must not be a day before the review date. 22
`(3) In this section-- 23
"prescribed period" means-- 24
(a) if, under a regulation, the application fee, or part of the fee, is not 25
required to accompany the application for a licence--within 26
10 days after the later of-- 27
(i) the decision to grant the application is made; or 28
16 Sections 202 (Procedure for review) and 204 (Who may appeal) provide for a
review of, and appeal against, a decision to impose conditions on a licence.
s 42 59 s 42
Building and Integrated Planning Amendment
(ii) payment of the application fee or part of the fee; or 1
(b) if paragraph (a) does not apply--within 10 days after the decision 2
to grant the application is made. 3
of licence 4
`Conditions
`60K. The administering authority may only impose conditions on the 5
licence-- 6
(a) about the integrated environmental management system for the 7
activity; or 8
(b) requiring a financial assurance under part 9. 9
of application for licence 10
`Refusal
`60L.(1) In this section-- 11
"interstate licence" means a licence, permit or other authority that-- 12
(a) is issued under an interstate law; and 13
(b) is prescribed under a regulation to be a licence for this section. 14
"interstate law" means a law of a State (including a law that has been 15
repealed) prescribed by regulation to be an interstate law for this 16
section. 17
"this Act" includes an Act repealed by this Act. 18
`(2) If the administering authority decides to refuse an application for a 19
licence, the authority must, within 10 days after making the decision, give 20
written notice to the applicant of the decision. 21
`(3) The notice must state-- 22
(a) the reasons for the refusal; and 23
(b) that the person may apply for a review of, or appeal against, the 24
decision within 14 days after receipt of the notice.17 25
`(4) Without limiting subsection (2), the administering authority may 26
17 Sections 202 (Procedure for review) and 204 (Who may appeal) provide for a
review of, and appeal against, a decision to refuse an application for a licence.
s 42 60 s 42
Building and Integrated Planning Amendment
refuse an application for a licence if it is satisfied the applicant is not a 1
suitable person to hold the authority, including, for example-- 2
(a) if the applicant has been convicted of an offence against this Act 3
or an interstate law, or has held a licence or interstate licence that 4
has been cancelled or suspended under this Act or an interstate 5
law; or 6
(b) if the applicant is a corporation--an executive officer of the 7
corporation-- 8
(i) has been convicted of an offence against this Act or an 9
interstate law, or has held a licence or interstate licence that 10
has been cancelled or suspended under this Act or an 11
interstate law; or 12
(ii) is or has been an executive officer of another corporation that 13
has been convicted of an offence against this Act or an 14
interstate law, or has held a licence or interstate licence that 15
has been cancelled or suspended under this Act or an 16
interstate law. 17
`Subdivision 2--Suspension and cancellation of licences 18
may be suspended or cancelled 19
`Licence
`60M. The administering authority may suspend or cancel a licence 20
issued by it on the following grounds-- 21
(a) the licensee has been convicted of an offence against this Act; 22
(b) the licence was issued because of a materially false or misleading 23
representation or declaration (made either orally or in writing). 24
for suspension or cancellation 25
`Procedure
`60N.(1) If the administering authority considers a ground exists to 26
suspend or cancel a licence issued by it, (the "proposed action"), the 27
authority must give the licensee written notice that-- 28
(a) states the proposed action; and 29
s 42 61 s 42
Building and Integrated Planning Amendment
(b) states the grounds for the proposed action; and 1
(c) outlines the facts and circumstances forming the basis for the 2
grounds; and 3
(d) if the proposed action is suspension of the licence--states the 4
proposed suspension period; and 5
(e) invites the licensee to show, within a stated time of at least 6
30 days, why the proposed action should not be taken. 7
`(2) If, after considering all written representations made within the stated 8
time, the administering authority still considers a ground to take the 9
proposed action exists, the authority may-- 10
(a) if the proposed action was to suspend the licence for a stated 11
period--suspend the licence for not longer than the proposed 12
suspension period; or 13
(b) if the proposed action was to cancel the licence--either cancel the 14
licence or suspend it for a period. 15
`(3) The administering authority must inform the licensee of the decision 16
by written notice. 17
`(4) The notice must be given within 10 days after the administering 18
authority makes its decision. 19
`(5) If the administering authority decides to suspend or cancel the 20
licence, the notice must-- 21
(a) state the reasons for the decision; and 22
(b) state that the licensee may apply for a review of, or appeal against, 23
the decision within 14 days after receipt of the notice.18 24
`(6) The administering authority must record particulars of the 25
suspension or cancellation on the licence. 26
`(7) The decision takes effect on the later of---- 27
(a) the day the notice is given to the licensee; or 28
(b) the day of effect stated in the notice. 29
18 Sections 202 (Procedure for review) and 204 (Who may appeal) provide for a
review of, and appeal against, a decision to suspend or cancel a licence.
s 42 62 s 42
Building and Integrated Planning Amendment
`(8) However, if the licence is suspended or cancelled because of the 1
conviction of the licensee for an offence-- 2
(a) the suspension or cancellation does not take effect until-- 3
(i) the end of the time to appeal against the conviction; and 4
(ii) if the appeal is made against the conviction--the appeal is 5
finally decided; and 6
(b) the suspension or cancellation has no effect if the conviction is 7
quashed on appeal. 8
3--Level 1 approvals 9
`Division
`Subdivision 1--Applications for, and grant of, level 1 approvals 10
for level 1 approval 11
`Application
`60O. An application for a level 1 approval for a level 1 environmentally 12
relevant activity may be made only by a person who-- 13
(a) has held a licence to carry out the activity for 2 years or more; and 14
(b) in the 2 years immediately before the application is made, has not 15
contravened the conditions of the licence or development 16
conditions of the development approval for the activity; and 17
(c) is not the holder of an environmental management program 18
approval for the activity or subject to an environmental protection 19
order in carrying out the activity. 20
authority to decide application 21
`Administering
`60P. The administering authority must decide the application within 22
28 days after the application date. 23
for deciding application 24
`Criteria
`60Q. The administering authority may grant the application only if it is 25
satisfied the risk of environmental harm from the activity is insignificant 26
s 42 63 s 42
Building and Integrated Planning Amendment
because of-- 1
(a) any applicable cleaner production techniques used by the licensee; 2
and 3
(b) any applicable waste minimisation practices used by the licensee; 4
and 5
(c) contingency plans the licensee has developed to manage abnormal 6
or emergency situations that may arise in carrying out the activity; 7
and 8
(d) the licensee's implementation of best practice environmental 9
management techniques has resulted in levels of environmental 10
protection over and above the levels required by the development 11
conditions of the development approval for the activity; and 12
(e) the licensee's compliance with the general environmental duty. 13
of application 14
`Grant
`60R.(1) If the administering authority decides to grant the application, 15
the authority must, within 10 days after making the decision-- 16
(a) cancel the applicant's licence; and 17
(b) issue a level 1 approval in the approved form; and 18
(c) insert it in the appropriate register; and 19
(d) give a copy of the licence to the applicant. 20
`(2) The approval takes effect from the day stated in it, but the day stated 21
must not be a day before the review date. 22
of approval 23
`Conditions
`60S. The administering authority may only impose conditions on the 24
approval about the integrated environmental management system for the 25
activity. 26
of application 27
`Refusal
`60T.(1) If the administering authority decides to refuse the application, 28
s 42 64 s 42
Building and Integrated Planning Amendment
the authority must, within 10 days after making the decision, give written 1
notice to the applicant of the decision. 2
`(2) The notice must state-- 3
(a) the reasons for the refusal; and 4
(b) that the person may apply for a review of, or appeal against, the 5
decision within 14 days after receipt of the notice.19 6
2--Suspension and cancellation of level 1 approvals 7
`Subdivision
1 approval may be suspended or cancelled 8
`Level
`60U. The administering authority may suspend a level 1 approval issued 9
by it, or cancel a level 1 approval issued by it and issue a licence in its place, 10
on the following grounds-- 11
(a) the administering authority is satisfied the risk of environmental 12
harm from the environmentally relevant activity carried out under 13
the environmental authority is no longer insignificant because the 14
grounds in section 60Q20 no longer apply; 15
(b) the holder of the approval has been convicted of an offence 16
against this Act; 17
(c) the approval was issued because of a materially false or 18
misleading representation or declaration (made either orally or in 19
writing). 20
for suspension or cancellation 21
`Procedure
`60V.(1) If the administering authority considers a ground exists to 22
suspend the approval, or cancel the approval and issue a licence in its place, 23
(the "proposed action"), the authority must give the holder of the approval 24
written notice that-- 25
19 Sections 202 (Procedure for review) and 204 (Who may appeal) provide for a
review of, and appeal against, a decision to refuse an application for a level 1
approval.
20 Section 60Q (Criteria for deciding application)
s 42 65 s 42
Building and Integrated Planning Amendment
(a) states the proposed action; and 1
(b) states the grounds for the proposed action; and 2
(c) outlines the facts and circumstances forming the basis for the 3
grounds; and 4
(d) if the proposed action is suspension of the approval--states the 5
proposed suspension period; and 6
(e) invites the holder to show, within a stated time of at least 30 days, 7
why the proposed action should not be taken. 8
`(2) If, after considering all written representations made within the stated 9
time, the administering authority still considers a ground to take the 10
proposed action exists, the authority may-- 11
(a) if the proposed action was to suspend the approval for a stated 12
period--suspend the approval for not longer than the proposed 13
suspension period; or 14
(b) if the proposed action was to cancel the approval and issue a 15
licence in its place-- 16
(i) cancel the approval and issue a licence subject to the 17
conditions the administering authority may impose on a 18
licence under division 2; or 19
(ii) suspend it for a period. 20
`(3) The administering authority must-- 21
(a) inform the holder of the decision by written notice; and 22
(b) if the authority decides to cancel the approval and issue a licence 23
in its place-- 24
(i) issue an appropriate licence in the approved form; and 25
(ii) insert it in the appropriate register. 26
`(4) The notice must be given within 10 days after the administering 27
authority makes its decision. 28
`(5) If the administering authority decides to suspend the approval or 29
cancel the approval and issue a licence in its place, the notice must-- 30
(a) state the reasons for the decision; and 31
s 42 66 s 42
Building and Integrated Planning Amendment
(b) state that the holder may apply for a review of, or appeal against, 1
the decision within 14 days after receipt of the notice;21 and 2
(c) for a decision to cancel the approval and issue a licence in its 3
place--be accompanied by a copy of the licence issued to the 4
holder in place of the approval. 5
`(6) The administering authority must record particulars of the 6
suspension or cancellation on the approval. 7
`(7) The decision takes effect on-- 8
(a) for a decision to suspend the approval--the later of-- 9
(i) the day when the notice is given to the approval holder; or 10
(ii) the day of effect stated in the notice; or 11
(b) for a decision to cancel the approval and issue a licence in its 12
place--the day after the review date. 13
`(8) However, if the approval is suspended or cancelled because of the 14
conviction of the approval holder for an offence-- 15
(a) the suspension or cancellation does not take effect until-- 16
(i) the end of the time to appeal against the conviction; and 17
(ii) if the appeal is made against the conviction--the appeal is 18
finally decided; and 19
(b) the suspension or cancellation has no effect if the conviction is 20
quashed on appeal. 21
`Division 4--Dealings with environmental authorities 22
for div 4 23
`Definition
`60W. In this division-- 24
"environmental authority" means a licence under division 2 or level 1 25
21 Sections 202 (Procedure for review) and 204 (Who may appeal) provide for a
review of, and appeal against, a decision to suspend or cancel a level 1
approval.
s 42 67 s 42
Building and Integrated Planning Amendment
approval under division 3 to carry out a level 1 environmentally 1
relevant activity. 2
of disposal by authority holder 3
`Notice
`60X.(1) This section applies if the holder of an environmental authority 4
proposes to dispose of the holder's business to someone else (the 5
"buyer"). 6
`(2) Before agreeing to dispose of the business, the holder must give 7
written notice to the buyer that the buyer must make application for a licence 8
under division 2. 9
Maximum penalty--50 penalty units. 10
`(3) If the holder does not comply with subsection (2), the buyer may 11
rescind the agreement by written notice given to the holder before the 12
completion of the agreement or possession under the agreement, whichever 13
is the earlier. 14
`(4) On rescission of the agreement under subsection (3)-- 15
(a) a person who was paid amounts by the buyer under the 16
agreement must refund the amounts to the buyer; and 17
(b) the buyer must return to the holder any documents about the 18
disposal (other than the buyer's copy of the agreement). 19
`(5) Subsections (3) and (4) have effect despite any other Act or anything 20
to the contrary in the agreement. 21
of ceasing to carry out activity under environmental authority 22
`Notice
`60Y. Within 14 days after ceasing to carry out the environmentally 23
relevant activity to which an environmental authority relates, the holder of 24
the authority must give written notice of the ceasing of the activity to the 25
administering authority. 26
Maximum penalty--50 penalty units. 27
s 42 68 s 42
Building and Integrated Planning Amendment
ART 4B--DEVELOPMENT APPROVALS FOR 1
`P
CERTAIN ENVIRONMENTALLY RELEVANT 2
ACTIVITIES 3
1--Preliminary 4
`Division
of pt 4B 5
`Application
`60Z. This part applies if the administering authority is the assessment 6
manager or a referral agency for an application for a development approval 7
for development prescribed under a regulation under this Act for 8
schedule 8, part 1, section 6 of the Integrated Planning Act for carrying out 9
an environmentally relevant activity. 10
`Division 2--Assessing development applications 11
application 12
`Assessing
`60ZA.(1) The administering authority must assess the development 13
application against the criteria mentioned in section 44 (other than 14
paragraph (b)(iii) and (iv) for deciding an application for an environmental 15
authority as if it were an application for a part 4 environmental authority. 16
`(2) However, the stated procedures mentioned in section 44(a)(i) apply 17
only so far as they are not inconsistent with a time allowed or required for 18
doing anything under chapter 3 of the Integrated Planning Act. 19
`(3) To remove any doubt it is declared that subsection (1) applies only 20
so far as it relates to the environmentally relevant activity. 21
`(4) Subsection (1) does not limit section 3.3.15 or chapter 3, part 5, 22
division 2, of the Integrated Planning Act.22 23
22 Under section 3.3.15 of the Integrated Planning Act, the administering authority
as a referral agency for the application must, among other things, assess the part
of the application against the laws that are administered by, and the policies that
are reasonably identifiable as policies applied by, the authority. Similar
provision is made under chapter 3, part 5, division 2, of the Integrated Planning
Act for assessment of the application by the assessment manager.
s 42 69 s 42
Building and Integrated Planning Amendment
of development approval 1
`Conditions
`60ZB.(1) In deciding conditions of the development approval, 2
sections 44 and 46 apply, with all necessary changes, as if the application 3
for the approval were an application for a part 4 environmental authority.23 4
`(2) Subsection (1) has effect subject to section 3.5.30 of the Integrated 5
Planning Act.24 6
`Division 3--Effect of issue of certain development approvals 7
of div 3 8
`Application
`60ZC. This division applies if the development application to which this 9
part applies is made for development prescribed under a regulation for this 10
division. 11
of pt 4 environmental authority and issue of pt 4A 12
`Cancellation
environmental authority 13
`60ZD.(1) This section applies if-- 14
(a) the development application is made by the holder of a part 4 15
environmental authority (other than an environmental authority 16
issued under section 61) to carry out an environmentally relevant 17
activity; and 18
(b) a development approval is issued to the holder for carrying out 19
the activity. 20
`(2) The administering authority must cancel the part 4 environmental 21
authority. 22
`(3) The cancellation of the part 4 environmental authority takes effect 23
23 Under section 3.3.18 of the Integrated Planning Act, a concurrence agency's
response may, within the limits of its jurisdiction, require conditions be attached
to the approval. Further, under section 3.3.19 of the Integrated Planning Act, an
advice agency's response may, within the limits of its jurisdiction, recommend
the conditions that should attach to the approval.
24 Under section 3.5.30 of the Integrated Planning Act, conditions of a development
approval must be relevant or reasonable.
s 42 70 s 42
Building and Integrated Planning Amendment
from immediately before the development approval takes effect. 1
`(4) If the part 4 environmental authority is a licence or level 1 approval 2
and, on application of the holder, the administering authority issues the 3
holder a part 4A environmental authority for carrying out the activity, the 4
part 4A environmental authority takes effect when the development 5
approval takes effect. 6
of single environmental authority on issue of development 7
`Issue
approval 8
`60ZE.(1) This section applies if-- 9
(a) the development application is made by the holder of a part 4 10
environmental authority issued under section 61 to carry out 11
different environmentally relevant activities or environmentally 12
relevant activities at different places (the "existing authority"); 13
and 14
(b) a development approval is issued to the holder for carrying out 1 15
of the activities (the "development activity"); and 16
(c) the holder applies for a part 4A environmental authority for the 17
development activity. 18
`(2) If the administering authority grants the application, the authority 19
must-- 20
(a) cancel the existing authority; and 21
(b) issue to the holder a single environmental authority for carrying 22
out the activities. 23
`(3) The cancellation of the existing authority takes effect from 24
immediately before the development approval takes effect. 25
`(4) For subsection (2)(b), the single environmental authority-- 26
(a) is issued-- 27
(i) under part 4A, for carrying out the development activity; and 28
(ii) under part 4, for carrying out the other activities; and 29
(b) takes effect when the development approval takes effect. 30
s 43 71 s 44
Building and Integrated Planning Amendment
4--Offences 1
`Division
to contravene development condition 2
`Offence
`60ZF.(1) A person must not wilfully contravene a development 3
condition of a development approval. 4
Maximum penalty--2 000 penalty units or 2 years imprisonment. 5
`(2) A person must not contravene a development condition of a 6
development approval. 7
Maximum penalty--1 665 penalty units. 8
`(3) In a proceeding for an offence against subsection (1), if the court is 9
not satisfied the defendant is guilty of the offence charged but is satisfied the 10
defendant is guilty of an offence against subsection (2), the court may find 11
the defendant guilty of the offence against subsection (2).'. 12
of ch 3, pt 4, div 5 heading 13
Replacement
Clause 43. Chapter 3, part 4, division 5, heading-- 14
omit, insert-- 15
`PART 4C--GENERAL PROVISIONS ABOUT 16
ENVIRONMENTALLY RELEVANT ACTIVITIES'. 17
of s 61 (Single applications and environmental 18
Amendment
authorities) 19
Clause 44. Section 61(2), `grant'-- 20
omit, insert-- 21
`issue'. 22
(2) Section 61(3)-- 23
renumber as section 61(4). 24
(3) Section 61-- 25
insert-- 26
s 45 72 s 45
Building and Integrated Planning Amendment
`(3) To remove any doubt it is declared that the administering authority 1
may issue a single environmental authority in relation to part 4 and part 4A 2
environmental authorities.'. 3
of s 68 (Annual licence fee and return) 4
Amendment
Clause 45. Section 68(1)(a) and (b)-- 5
omit, insert-- 6
`(a) give to the authority an annual return in the approved form; and 7
(b) pay to the authority the appropriate annual licence fee other than in 8
a circumstance prescribed under a regulation for this paragraph.'. 9
(2) Section 68(3)(b)-- 10
omit, insert-- 11
`(b) state a day (the "due day") by which the licensee must-- 12
(i) give to the administering authority an annual return in the 13
approved form; and 14
(ii) if a circumstance mentioned in subsection (1)(b) does not 15
apply to the licensee--pay to the authority the annual licence 16
fee and a late payment fee prescribed under a regulation; 17
and'. 18
(3) Section 68-- 19
insert-- 20
`(3A) If a circumstance is prescribed for subsection (1)(b), a regulation 21
may provide for the giving of a notice to the licensee requiring payment of 22
the fee, or part of the fee, by a day stated in the notice (also the "due day"). 23
`(3B) The due day for a notice under this section must be at least 14 days 24
after the giving of the notice.'. 25
(4) Section 68(4), `the reminder notice'-- 26
omit, insert-- 27
`a notice under this section'. 28
s 46 73 s 48
Building and Integrated Planning Amendment
of new s 70A 1
Insertion
Clause 46. After section 70-- 2
insert-- 3
change of use for Integrated Planning Act 4
`Material
`70A.(1) This section applies if-- 5
(a) the holder of an environmental authority, or development 6
approval, for an environmentally relevant activity proposes to 7
carry out works for the construction or alteration of premises, or 8
for the installation or alteration of plant or equipment in premises, 9
for carrying out the activity; and 10
(b) the construction, alteration or installation will result in an increase 11
of 10% or more in the release of contaminant into the 12
environment under the authority or approval. 13
`(2) The increase is a material change of use of the premises for the 14
Integrated Planning Act.'. 15
of s 72 (When environmental audit required) 16
Amendment
Clause 47.(1) Section 72(1)(b)-- 17
renumber as section 72(1)(c). 18
(2) Section 72(1)-- 19
insert-- 20
`(b) a person is not complying with a development condition of a 21
development approval; or'. 22
of s 76 (Administering authority to consider and act on 23
Amendment
environmental reports) 24
Clause 48.(1) Section 76(2)(c) and (d)-- 25
renumber as section 76(2)(d) and (e). 26
(2) Section 76(2)(b)-- 27
omit, insert-- 28
s 49 74 s 51
Building and Integrated Planning Amendment
`(b) if the recipient is a licensee--amend conditions of the recipient's 1
licence; or 2
(c) if the recipient is the holder of a development approval--under 3
section 6.1.44 of the Integrated Planning Act25, change or cancel a 4
development condition of the approval; or'. 5
of s 82 (Administering authority may require draft 6
Amendment
program) 7
Clause 49. Section 82(1), `licence.'-- 8
omit, insert-- 9
`licence or a development approval for which the administering authority 10
is the assessment manager or a concurrence agency.26'. 11
of s 89 (Criteria for deciding draft program) 12
Amendment
Clause 50. Section 89-- 13
insert-- 14
`(2) If the draft program is prepared because of a requirement of a 15
development condition of a development approval, the authority may 16
approve the draft program only if it is not inconsistent with other conditions 17
of the approval.'. 18
of s 97 (Effect of compliance with program) 19
Amendment
Clause 51. Section 97(2)-- 20
omit, insert-- 21
25 Under section 6.1.44 of the Integrated Planning Act, the administering authority
as assessment manager or concurrence agency may change or cancel
development conditions in the circumstances, and in accordance with the
procedures, in the section.
26 In deciding conditions of a development approval as assessment manager or
concurrence agency, the administering authority may, under section 60ZF and
section 46(3)(a)(iv) as applied by that section, require the development
approval be subject to the condition that the holder prepare and carry out an
environmental management program.
s 52 75 s 55
Building and Integrated Planning Amendment
`(2) The holder may do, or not do, the thing under the program despite 1
anything in-- 2
(a) a licence held by the holder; or 3
(b) a development condition of a development approval; or 4
(c) an environmental protection policy.'. 5
of s 109 (When order may be issued) 6
Amendment
Clause 52. Section 109(d)(iii)-- 7
omit, insert-- 8
`(iii) a condition of an environmental authority; or 9
(iv) a development condition of a development approval.'. 10
of s 119 (Unlawful environmental harm) 11
Amendment
Clause 53. Section 119(1)(e)-- 12
omit, insert-- 13
`(e) a development condition of a development approval; or 14
(f) an emergency direction.'. 15
of s 127 (Offence of interfering with monitoring 16
Amendment
equipment) 17
Clause 54. Section 127, after `Act'-- 18
insert-- 19
`or a development condition of a development approval'. 20
of s 135 (Entry of place) 21
Amendment
Clause 55.(1) Section 135(1)(c), `or a place to which an approval relates'-- 22
omit. 23
(2) Section 135-- 24
s 56 76 s 59
Building and Integrated Planning Amendment
insert-- 1
`(3) In this section-- 2
"licensed place" includes-- 3
(a) a place to which an approval relates; and 4
(b) a place to which a development approval subject to a development 5
condition relates.'. 6
of s 146 (Power to require production of documents) 7
Amendment
Clause 56. Section 146(1)-- 8
omit, insert-- 9
`146.(1) An authorised person may require a person to produce to the 10
authorised person for inspection a document required to be held or kept 11
under this Act or a development condition of a development approval.'. 12
of s 162 (Failure to help authorised person--emergency) 13
Amendment
Clause 57. Section 162(3), after `Act'-- 14
insert-- 15
`or a development condition of a development approval'. 16
of s 163 (Failure to help authorised person--other cases) 17
Amendment
Clause 58. Section 163(3), after `Act'-- 18
insert-- 19
`or a development condition of a development approval'. 20
of new s 193A 21
Insertion
Clause 59. Before section 194, in chapter 5, part 4-- 22
insert-- 23
s 60 77 s 60
Building and Integrated Planning Amendment
of pt 4 1
`Application
`193A. This part does not apply to a development offence.27'. 2
of new pt 4A 3
Insertion
Clause 60. After section 195-- 4
insert-- 5
ART 4A--ENFORCEMENT ORDERS 6
`P
for orders 7
`Proceeding
`195A.(1) A person may bring a proceeding in the Court-- 8
(a) for an order to remedy or restrain the commission of a 9
development offence (an "enforcement order"); or 10
(b) if the person has brought a proceeding under paragraph (a) and 11
the Court has not decided the proceeding--for an order under 12
section 195C (an "interim enforcement order"); or 13
(c) to cancel or change an enforcement order or interim enforcement 14
order. 15
`(2) The person may bring a proceeding under subsection (1)(a) whether 16
or not any right of the person has been, or may be, infringed by, or because 17
of, the commission of the offence. 18
brought in a representative capacity 19
`Proceeding
`195B.(1) The proceeding may be brought by the person on their own 20
behalf or in a representative capacity. 21
`(2) However, if the proceeding is brought in a representative capacity, 22
1 of the following consents must be obtained-- 23
(a) if the proceeding is brought on behalf of a body of persons or a 24
corporation--the members of the governing body; 25
27 Part 4A (Enforcement orders) applies to development offences.
s 60 78 s 60
Building and Integrated Planning Amendment
(b) if the proceeding is brought on behalf of an individual--the 1
individual. 2
interim enforcement order 3
`Making
`195C.(1) The Court may make an interim enforcement order pending a 4
decision of the proceeding if the Court is satisfied it would be appropriate to 5
make the order. 6
`(2) The Court may make the order subject to conditions, including a 7
condition requiring the applicant for the order to give an undertaking to pay 8
costs resulting from damage suffered by the respondent if the proceeding is 9
unsuccessful. 10
enforcement order 11
`Making
`195D.(1) The Court may make an enforcement order if the Court is 12
satisfied the offence-- 13
(a) has been committed; or 14
(b) will be committed unless restrained. 15
`(2) If the Court is satisfied the offence has been committed, the Court 16
may make an enforcement order whether or not there has been a 17
prosecution for the offence. 18
of orders 19
`Effect
`195E.(1) An enforcement order or an interim enforcement order may 20
direct the respondent-- 21
(a) to stop an activity that constitutes, or will constitute, a 22
development offence; or 23
(b) not to start an activity that will constitute a development offence; 24
or 25
(c) to do anything required to stop committing a development 26
offence. 27
`(2) Without limiting the Court's powers, the Court may make an 28
order-- 29
s 60 79 s 60
Building and Integrated Planning Amendment
(a) restraining the use of plant or equipment or a place; or 1
(b) requiring the repairing, demolition or removal of plant or 2
equipment, a structure or other thing; or 3
(c) requiring the rehabilitation or restoration of the environment. 4
`(3) An enforcement order or interim enforcement order-- 5
(a) may be in terms the Court considers appropriate to secure 6
compliance with this Act; and 7
(b) must state the time by which the order is to be complied with. 8
`(4) A person who contravenes an enforcement order or interim 9
enforcement commits an offence against this Act. 10
Maximum penalty for subsection (4)--3 000 penalty units or 2 years 11
imprisonment. 12
powers about orders 13
`Court's
`195F.(1) The Court's power to make an enforcement order or interim 14
enforcement order to stop, or not to start, an activity may be exercised 15
whether or not-- 16
(a) it appears to the Court the person against whom the order is made 17
intends to engage, or to continue to engage, in the activity; or 18
(b) the person has previously engaged in an activity of the kind; or 19
(c) there is danger of substantial damage to the environment if the 20
person engages, or continues to engage, in the activity. 21
`(2) The Court's power to make an enforcement order or interim 22
enforcement order to do anything may be exercised whether or not-- 23
(a) it appears to the Court the person against whom the order is made 24
intends to fail, or to continue to fail, to do the thing; or 25
(b) the person has previously failed to do a thing of the kind; or 26
(c) there is danger of substantial damage to the environment if the 27
person fails, or continues to fail, to do the thing. 28
`(3) The Court may cancel or change an enforcement order or interim 29
enforcement order. 30
s 61 80 s 63
Building and Integrated Planning Amendment
`(4) The Court's power under this section is in addition to its other 1
powers. 2
involved in bringing proceeding 3
`Costs
`195G. If the proceeding is brought in a representative capacity, the 4
person on whose behalf the proceeding is brought may contribute to, or 5
pay, the legal costs and expenses incurred by the person bringing the 6
proceeding.'. 7
of s 196 (Devolution of powers) 8
Amendment
Clause 61. Section 196-- 9
insert-- 10
`(1A) The administration and enforcement of this Act for an 11
environmentally relevant activity carried out in an area below the high or 12
low-watermark forming the boundary of a local government's area may be 13
devolved to the local government.'. 14
of s 213 (Register) 15
Amendment
Clause 62.(1) Section 213(1)(d), after `Act'-- 16
insert-- 17
`or a development condition of a development approval'. 18
(2) Section 213(1)(c) to (h)-- 19
renumber as section 213(1)(d) to (i). 20
(3) Section 213-- 21
insert-- 22
`(c) development approvals for environmentally relevant activities; 23
and'. 24
of s 220 (Regulation-making power) 25
Amendment
Clause 63. Section 220-- 26
s 64 81 s 65
Building and Integrated Planning Amendment
insert-- 1
`(3A) Also, without limiting subsection (2)(a), a regulation may 2
prescribe fees payable to the administering authority in relation to its 3
functions under the Integrated Planning Act, as assessment manager or 4
concurrence agency, including, for example-- 5
(a) application fees for development applications; and 6
(b) fees for monitoring compliance with development conditions on a 7
development approval.'. 8
of sch 1 (Original decisions) 9
Amendment
Clause 64. Schedule 1-- 10
insert-- 11
`60K Imposition of conditions of a licence 12
60L Refusal of an application for a licence 13
60M Suspension or cancellation of a licence 14
60S Imposition of conditions of a level 1 approval 15
60T Refusal of an application for a level 1 approval 16
60U Suspension or cancellation of a level 1 approval'. 17
of sch 4 (Dictionary) 18
Amendment
Clause 65.(1) Schedule 4, definition "licence", after `part 4'-- 19
insert-- 20
`or 4A'. 21
(2) Schedule 4-- 22
insert-- 23
` "advice agency", for a development application, has the meaning given 24
by the Integrated Planning Act.28 25
28 Under the Integrated Planning Act, the advice agency for a development
application is the entity prescribed under a regulation under that Act as an
advice agency for the application or, if the functions of the entity in relation to
the application have been devolved or delegated to another entity, the other
entity.
s 65 82 s 65
Building and Integrated Planning Amendment
"approval" means an approval under chapter 3, part 4 or 4A to carry out a 1
level 1 or level 2 environmentally relevant activity. 2
"assessment manager" has the meaning given by 3.1.7 of the Integrated 3
Planning Act.29 4
"concurrence agency", for a development application, has the meaning 5
given by the Integrated Planning Act.30 6
"development" has the meaning given by section 1.3.2 of the Integrated 7
Planning Act.31 8
"development approval" means a development approval under the 9
Integrated Planning Act.32 10
"development application" means an application for a development 11
approval. 12
"development condition", of a development approval, means a condition 13
of the approval imposed by, or imposed because of a requirement of, 14
the administering authority as assessment manager or concurrence 15
29 Under section 3.1.7 (Assessment manager) of the Integrated Planning Act, the
"assessment manager", for an application for a development approval is
generally the local government for the area in which the development is to be
carried out. However, in some circumstances, it may be another entity
prescribed under a regulation under that Act or decided by the Minister
administering that Act.
30 Under the Integrated Planning Act, the concurrence agency for a development
application is the entity prescribed under a regulation under that Act as a
concurrence agency for the application or, if the functions of the entity in
relation to the application have been devolved or delegated to another entity, the
other entity.
31 Section 1.3.2 (Meaning of "development")--
1.3.2. "Development" is any of the following--
(a) carrying out building work;
(b) carrying out plumbing or drainage work;
(c) carrying out operational work;
(d) reconfiguring a lot;
(e) making a material change of use of premises.
Chapter 1, part 3, division 3 of the Integrated Planning Act contains
supporting definitions and explanations for the term "development".
32 Under the Integrated Planning Act, a development approval is required for
certain development. A development approval may be in the form of a
preliminary approval, a development permit or a combination of both of them.
s 66 83 s 66
Building and Integrated Planning Amendment
agency for the application for the approval. 1
"development offence" means an offence against section 60ZF.33 2
"enforcement order" see section 195A. 3
"integrated environmental management system", for an 4
environmentally relevant activity, means a system for the management 5
of the environmental impacts of the carrying out of the activity. 6
"Integrated Planning Act" means the Integrated Planning Act 1997 7
"interim enforcement order" see section 195A. 8
"level 1 approval" means an approval under chapter 3, part 4 or 4A to 9
carry out a level 1 environmentally relevant activity. 10
"part 4 environmental authority" means an environmental authority 11
issued under part 4, and includes a single environmental authority 12
issued under section 61 to the extent that it relates to the carrying out of 13
an environmentally relevant activity under part 4. 14
"part 4A environmental authority" means an environmental authority 15
issued under part 4A, and includes a single environmental authority 16
issued under section 61 to the extent that it relates to the carrying out of 17
an environmentally relevant activity under part 4A. 18
"referral agency" means an advice agency or concurrence agency.'. 19
PART 5--AMENDMENT OF ENVIRONMENTAL AND 20
OTHER LEGISLATION AMENDMENT ACT 1997 21
amended 22
Act
Clause 66. This part amends the Environmental and Other Legislation 23
Amendment Act 1997. 24
33 Section 60ZF (Offence to contravene development condition)
s 67 84 s 71
Building and Integrated Planning Amendment
of s 29 (Amendment of s 196 (Devolution of powers)) 1
Amendment
Clause 67. Section 29(2)-- 2
omit. 3
of 39 (Amendment of sch 4 (Dictionary)) 4
Amendment
Clause 68. Section 39(2), proposed definitions "approval" and "level 1 5
approval"-- 6
omit. 7
PART 6--AMENDMENT OF INTEGRATED 8
PLANNING ACT 1997 9
amended 10
Act
Clause 69. This part amends the Integrated Planning Act 1997. 11
of s 1.3.5 (Definitions for terms used in "development") 12
Amendment
Clause 70. Section 1.3.5, definition "material change of use", paragraph (c), 13
`character,'-- 14
omit. 15
of s 2.2.18 (Local government's actions after receiving 16
Amendment
reviewer's report) 17
Clause 71. Section 2.2.18(4), `2(a)'-- 18
omit, insert-- 19
`2(2)(a)'. 20
s 72 85 s 76
Building and Integrated Planning Amendment
of s 2.2.22 (Reviewers not liable for performing functions 1
Amendment
under review) 2
Clause 72. Section 2.2.22, `or in good faith purportedly done'-- 3
omit, insert-- 4
`in good faith or purportedly done in good faith'. 5
of s 2.4.1 (Meaning of "State planning policy") 6
Amendment
Clause 73. Section 2.4.1(2), `local planning instrument'-- 7
omit, insert-- 8
`State planning policy'. 9
of s 2.6.18 (Repealing designations) 10
Amendment
Clause 74. Section 2.6.18(4)(d), `Minister's'-- 11
omit. 12
of s 2.6.19 (Request to acquire designated land under 13
Amendment
hardship) 14
Clause 75. Section 2.6.19-- 15
insert-- 16
`(4) In this section-- 17
"an interest in designated land" includes-- 18
(a) if the interest is part of a lot--all of the lot; and 19
(b) if the interest is part of a lot (the "first lot") and the first lot 20
adjoins 1 or more lots used by the owner in conjunction with the 21
first lot--all of the lots.'. 22
of s 2.6.23 (If the designator does not act under the 23
Amendment
notice) 24
Clause 76.(1) Section 2.6.23(1), `25'-- 25
s 77 86 s 77
Building and Integrated Planning Amendment
omit, insert-- 1
`40'. 2
(2) Section 2.6.23(1)(a)-- 3
omit, insert-- 4
`(a) signed an agreement with the owner to buy the interest or to take 5
the interest under the Acquisition of Land Act 1967, section 15; 6
or'. 7
(3) Section 2.6.23(1)(b), `a written'-- 8
omit, insert-- 9
`an'. 10
(4) Section 2.6.23(2)-- 11
omit, insert-- 12
`(2) The designator must, within 5 business days after the end of the 13
period mentioned in subsection (1), give the owner a notice of intention to 14
resume the interest. 15
`(3) The notice given under subsection (2) is taken to be a notice of 16
intention to resume given under the Acquisition of Land Act 1967, section 7. 17
`(4) However, the Acquisition of Land Act 1967, sections 13 and 41, do 18
not apply to the resumption.'. 19
of s 3.1.2 (Development under this Act) 20
Amendment
Clause 77. Section 3.1.2(2) and (3)-- 21
omit, insert-- 22
`(2) Schedule 8 may identify exempt development that a planning 23
scheme can not make assessable or self-assessable development. 24
`(3) To the extent a planning scheme is inconsistent with schedule 8, the 25
planning scheme is of no effect. 26
`(4) However, to the extent a planning scheme is inconsistent with 27
schedule 8 because the planning scheme states development is 28
self-assessable, but schedule 8 states the development is assessable-- 29
s 78 87 s 80
Building and Integrated Planning Amendment
(a) codes in the planning scheme for the development are not 1
applicable codes; but 2
(b) the codes must be complied with.'. 3
of s 3.1.3 (Code and impact assessment for assessable 4
Amendment
development) 5
Clause 78. Section 3.1.3(4) and (5)-- 6
omit, insert-- 7
`(4) A regulation under this or another Act may also identify a code, or a 8
part of a code, as a code, or a part of a code, that can not be changed under a 9
local planning instrument or a local law. 10
`(5) To the extent a local planning instrument or a local law is 11
inconsistent with the scope of a code, or the part of a code, identified in the 12
regulation, the local planning instrument or local law is of no effect.'. 13
of s 3.1.4 (When is a development permit necessary) 14
Amendment
Clause 79. Section 3.1.4(3)(a), `codes applying to the development'-- 15
omit, insert-- 16
`applicable codes'. 17
of s 3.1.6 (Preliminary approval may override local 18
Amendment
planning instrument) 19
Clause 80. Section 3.1.6(5) and (6)-- 20
omit, insert-- 21
`(5) To the extent a preliminary approval is inconsistent with schedule 8, 22
the preliminary approval is of no effect. 23
`(6) However, to the extent a preliminary approval is inconsistent with 24
schedule 8 because the preliminary approval states development is 25
self-assessable, but schedule 8 states the development is assessable-- 26
(a) codes in the preliminary approval for the development are not 27
s 81 88 s 84
Building and Integrated Planning Amendment
applicable codes; but 1
(b) the codes must be complied with.'. 2
of s 3.1.7 (Assessment manager) 3
Amendment
Clause 81. Section 3.1.7(2)-- 4
omit, insert-- 5
`(2) However, instead of making a decision under subsection (1)(b)(ii), 6
the Minister may decide that the application, for which a decision under 7
subsection (1)(b)(ii) would normally be made, be split into 2 or more 8
applications. 9
`(3) The assessment manager administers applications.'. 10
of s 3.2.1 (Applying for development approval) 11
Amendment
Clause 82. Sections 3.2.1(4)(c), after `regulation'-- 12
insert-- 13
`under this or another Act'. 14
of s 3.2.2 (Approved material change of use required for 15
Amendment
certain developments) 16
Clause 83. Section 3.2.2, first sentence-- 17
number as `3.2.2.(1)'. 18
of s 3.2.3 (Acknowledgment notices generally) 19
Amendment
Clause 84. Section 3.2.3(2)(c), `apply'-- 20
omit, insert-- 21
`be applicable codes'. 22
s 85 89 s 88
Building and Integrated Planning Amendment
of s 3.2.6 (Acknowledgment notices if there are referral 1
Amendment
agencies or referral coordination is required) 2
Clause 85. Sections 3.2.6(2)(c), after `regulation'-- 3
insert-- 4
`under this or another Act'. 5
of s 3.2.10 (Notification stage does not apply to some 6
Amendment
changed applications) 7
Clause 86. Section 3.2.10(c)-- 8
omit, insert-- 9
`(c) the assessment manager is satisfied the change to the application, 10
if the notification stage were to apply to the change, would not be 11
likely to attract a submission objecting to the thing comprising the 12
change.'. 13
of s 3.2.11 (Withdrawing an application) 14
Amendment
Clause 87. Section 3.2.11(2)-- 15
omit, insert-- 16
`(2) If the applicant withdraws the application the assessment manager 17
must give all referral agencies written notice of the withdrawal. 18
`(3) If within 1 year of withdrawing the application, the applicant makes 19
a later application that is not substantially different in its proposals from the 20
withdrawn application, any properly made submission about the withdrawn 21
application is taken to be a properly made submission about the later 22
application.'. 23
of s 3.2.12 (Applications lapse in certain circumstances) 24
Amendment
Clause 88. Section 3.2.12(2)(c), `if the next action is complying with'-- 25
omit, insert-- 26
`for taking the actions mentioned in'. 27
s 89 90 s 92
Building and Integrated Planning Amendment
of s 3.2.14 (Service provider notice for reconfiguring a 1
Amendment
lot) 2
Clause 89. Section 3.2.14(1), after `local'-- 3
insert-- 4
`government's'. 5
of s 3.3.3 (Applicant gives material to referral agency) 6
Amendment
Clause 90. Sections 3.3.3(1)(c), after `regulation'-- 7
insert-- 8
`under this or another Act'. 9
of s 3.3.6 (Information requests to applicant (generally) 10
Amendment
Clause 91.(1) Section 3.3.6(6), `(5)'-- 11
omit, insert-- 12
`(6)'. 13
(2) Section 3.3.6(5) to (8)-- 14
renumber as 3.3.6(6) to (9). 15
(3) Section 3.3.6-- 16
insert-- 17
`(5) If an information request is made by a concurrence agency, the 18
concurrence agency must-- 19
(a) give the assessment manager a copy of the request; and 20
(b) advise the assessment manager of the day the request was 21
made.'. 22
of s 3.3.7 (Information requests to applicant (referral 23
Replacement
coordination) 24
Clause 92. Section 3.3.7-- 25
omit, insert-- 26
s 93 91 s 93
Building and Integrated Planning Amendment
requests to applicant (referral coordination) 1
`Information
`3.3.7.(1) This section applies if the application requires referral 2
coordination. 3
`(2) The chief executive may, within 20 business days after the chief 4
executive receives the notice mentioned in section 3.3.5(2)(d) and after 5
consulting the assessment manager and each referral agency-- 6
(a) by written request (also an "information request") ask the 7
applicant to give further information needed to assess the 8
application; or 9
(b) by written notice advise the applicant, the assessment manager 10
and each referral agency that an information request will not be 11
made under this section. 12
`(3) The chief executive may, by written notice given to the applicant and 13
without the applicant's agreement, extend the information request period by 14
not more than 10 business days. 15
`(4) Only 1 notice may be given under subsection (3) and it must be 16
given before the information request period ends. 17
`(5) The information request period may be further extended if the 18
applicant, at any time, gives written agreement to the extension. 19
`(6) If the chief executive extends the information request period, the 20
chief executive must advise the assessment manager and each concurrence 21
agency of the extension. 22
`(7) If the chief executive does not give the applicant an information 23
request under this section and has not given a notice under 24
subsection (1)(b), the chief executive must advise the applicant, the 25
assessment manager and each referral agency that an information request 26
will not be made under this section.'. 27
of s 3.3.15 (Referral agency assesses application) 28
Amendment
Clause 93. Section 3.3.15(2)(b), `Standard Building Law'-- 29
omit, insert-- 30
`Standard Building Regulation'. 31
s 94 92 s 97
Building and Integrated Planning Amendment
of s 3.3.16 (Referral agency's response) 1
Amendment
Clause 94.(1) Section 3.3.16(1), `give its response'-- 2
omit, insert-- 3
`give its response (a "referral agency's response")'. 4
(2) Section 3.3.16(2), `give its response'-- 5
omit, insert-- 6
`give its response (also a "referral agency's response")'. 7
of s 3.3.20 (When does information and referral stage 8
Amendment
end) 9
Clause 95. Section 3.3.20(2)(b), `under'-- 10
omit, insert-- 11
`mentioned in'. 12
of s 3.4.4 (Public notice of applications to be given) 13
Amendment
Clause 96.(1) Section 3.4.4(4), definition "owner" paragraph (b), `Mixed Use 14
Development Act 1987'-- 15
omit, insert-- 16
`Mixed Use Development Act 1993'. 17
(2) Section 3.4.4(4)-- 18
renumber as (5). 19
(3) Section 3.4.4-- 20
insert-- 21
`(4) For subsection (1)(c), roads, land below high-water mark and the 22
beds and banks of rivers are to be taken not to be adjoining land.'. 23
of s 3.4.9 (Making submissions) 24
Amendment
Clause 97.(1) Section 3.4.9(3), after `accept a'-- 25
insert-- 26
s 98 93 s 99
Building and Integrated Planning Amendment
`written'. 1
(2) Section 3.4.9(4), after `may'-- 2
insert-- 3
`, by written notice'. 4
of s 3.5.4 (Code assessment) 5
Amendment
Clause 98.(1) Section 3.5.4(4), `3.2.5(1)(a)'-- 6
omit, insert-- 7
`3.2.5(3)(a)'. 8
(2) Section 3.5.4(4)(b), `current'-- 9
omit, insert-- 10
`existing'. 11
of s 3.5.5 (Impact assessment) 12
Amendment
Clause 99.(1) Section 3.5.5(3)(e)-- 13
omit, insert-- 14
`(e) if the assessment manager is not a local government--the laws 15
that are administered by, and the policies that are reasonably 16
identifiable as policies applied by, the assessment manager and 17
that are relevant to the application;'. 18
(2) Section 3.5.5(4), `3.2.5(1)(a)'-- 19
omit, insert-- 20
`3.2.5(3)(a)'. 21
(3) Section 3.5.5(4)(b), `current'-- 22
omit, insert-- 23
`existing'. 24
s 100 94 s 102
Building and Integrated Planning Amendment
of s 3.5.11 (Decision generally) 1
Amendment
Clause 100. Section 3.5.11(3)(b), `applied for'-- 2
omit, insert-- 3
`sought'. 4
of s 3.5.13 (Decision if application requires code 5
Amendment
assessment) 6
Clause 101.(1) Section 3.5.13(3)-- 7
renumber as (4). 8
(2) Section 3.5.13(2)-- 9
omit, insert-- 10
`(2) The assessment manager's decision may conflict with an applicable 11
code if there are sufficient grounds to justify the decision, having regard to 12
the purpose of the code. 13
`(3) However-- 14
(a) if the application is for building work--the assessment manager's 15
decision must not conflict with the Building Act 1975; and 16
(b) for assessment against a code in a planning scheme--the 17
assessment manager's decision must not compromise the 18
achievement of the desired environmental outcomes for the 19
planning scheme area.'. 20
(3) Section 3.5.13-- 21
insert-- 22
`(5) Subsection (3)(b) applies only to the extent the decision is consistent 23
with any State planning policies not identified in the planning scheme as 24
being appropriately reflected in the planning scheme.'. 25
of s 3.5.14 (Decision if application requires impact 26
Amendment
assessment) 27
Clause 102. Section 3.5.14-- 28
insert-- 29
s 103 95 s 105
Building and Integrated Planning Amendment
`(4) Subsections (2)(a) and (3) apply only to the extent the decision is 1
consistent with any State planning policies not identified in the planning 2
scheme as being appropriately reflected in the planning scheme.'. 3
of s 3.5.15 (Decision notice) 4
Amendment
Clause 103.(1) Section 3.5.15(1), after `the decision'-- 5
insert-- 6
`in the approved form'. 7
(2) Section 3.5.15-- 8
insert-- 9
`(5) When the assessment manager gives a decision notice to the 10
applicant (or if the assessment manager is not the local government and the 11
development is in a local government area, the local government), the 12
assessment manager must also give a copy of any plans and specifications 13
approved by the assessment manager in relation to the decision notice.'. 14
of s 3.5.17 (Changing conditions during the applicant's 15
Amendment
appeal period) 16
Clause 104. Section 3.5.17-- 17
insert-- 18
`(6) Before the assessment manager agrees to a change under this 19
section, the assessment manager must reconsider the matters considered 20
when the original decision was made, to the extent the matters are relevant.'. 21
of s 3.5.18 (Applicant may suspend applicant's appeal 22
Amendment
period) 23
Clause 105. Section 3.5.18(5)-- 24
omit. 25
s 106 96 s 108
Building and Integrated Planning Amendment
s 3.5.19 (When approval takes effect) 1
Amendment
Clause 106. Section 3.5.19(c)-- 2
omit, insert-- 3
`(c) if an appeal is made to the court or a tribunal--subject to the 4
decision of the court or tribunal, when the decision is made.'. 5
of s 3.5.20 (When development may start) 6
Replacement
Clause 107. Section 3.5.20-- 7
omit, insert-- 8
development may start 9
`When
`3.5.20. The development may start before the applicant's appeal period 10
ends if-- 11
(a) there are no submitters; or 12
(b) if there are submitters--the submitter's appeal period has 13
ended.34'. 14
of s 3.5.21 (When approval lapses) 15
Amendment
Clause 108.(1) Section 3.5.21(1)(b)-- 16
omit, insert-- 17
`(b) for a development permit that is reconfiguring a lot--the plan 18
mentioned in section 3.7.2 for the reconfiguration of the lot is 19
given to the local government for its approval before the end of 20
the currency period; or 21
(c) for development not mentioned in paragraphs (a) and 22
(b)--development under the approval substantially starts before 23
the end of the currency period.'. 24
(2) Section 3.5.21(4)(b), `time.'-- 25
omit, insert-- 26
34 However, see section 4.1.47 (Lodging appeal stops certain actions).
s 109 97 s 110
Building and Integrated Planning Amendment
`time;'. 1
(3) Section 3.5.21(6)-- 2
renumber as 3.5.21(7). 3
(4) Section 3.5.21-- 4
insert-- 5
`(6) Despite subsections (2) to (5), to the extent the approval is for 6
development that is reconfiguring a lot and the reconfiguration requires 7
operational works, the "currency period" is-- 8
(a) the 4 years starting the day the approval takes effect; or 9
(b) if the approval states or implies a time for the approval to 10
lapse--the period from the day the approval takes effect until the 11
stated or implied time.'. 12
of s 3.5.22 (Request to extend currency period) 13
Amendment
Clause 109. Section 3.5.22(4)(b)-- 14
omit, insert-- 15
`(b) a copy of each notice given under subsection (1)(a).'. 16
of s 3.5.26 (Request to cancel development approval) 17
Amendment
Clause 110.(1) Section 3.5.26(2) to (4)-- 18
renumber as (3) to (5). 19
(2) Section 3.5.26-- 20
insert-- 21
`(2) However, if there is a written arrangement between the owner and 22
another person under which the other person proposes to buy the land, the 23
owner must not ask the assessment manager to cancel the development 24
approval unless the other person also gives written consent to the 25
cancellation.'. 26
s 111 98 s 113
Building and Integrated Planning Amendment
of s 3.5.32 (Conditions that cannot be imposed) 1
Amendment
Clause 111.(1) Section 3.5.32(2)(a), `safety and efficiency'-- 2
omit, insert-- 3
`safety or efficiency'. 4
(2) Section 3.5.32, `State owned'-- 5
omit, insert-- 6
`State owned or State controlled'. 7
(3) Section 3.5.32(3), `is owned'-- 8
omit, insert-- 9
`is owned or controlled'. 10
of s 3.6.2 (Notice of direction) 11
Amendment
Clause 112. Section 3.6.2(1), `taken'-- 12
omit, insert-- 13
`take'. 14
of s 3.7.2 (Plan for reconfiguring under development 15
Amendment
permit) 16
Clause 113.(1) Section 3.7.2(1) and (2)-- 17
omit, insert-- 18
`3.7.2.(1) This section applies if the reconfiguration proposed to be 19
effected by the plan is authorised by a development permit. 20
`(2) The plan must be given to the local government for its approval 21
before the end of the currency period for the permit.'. 22
(2) Section 3.7.2(3)(b)-- 23
omit, insert-- 24
`(b) for a reconfiguration that requires operational works--the 25
conditions of the development permit for the operational works 26
have been complied with; and'. 27
s 114 99 s 115
Building and Integrated Planning Amendment
(3) Section 3.7.2(4), `must'-- 1
omit, insert-- 2
`may'. 3
of s 4.1.21 (Court may make declarations) 4
Amendment
Clause 114. Section 4.1.21(1)(a)-- 5
omit, insert-- 6
`(a) a matter done, to be done or that should have been done under 7
this Act; and'. 8
of s 4.1.23 (Costs) 9
Amendment
Clause 115.(1) Section 4.1.23(3)-- 10
omit, insert-- 11
`(3) If a person brings a proceeding in the court for a declaration against 12
an owner who sought the cancellation of a development approval without 13
the consent of the other person mentioned in section 3.5.26, and the court 14
makes the order, the court must award costs against the owner.'. 15
(2) Section 4.1.23(5)-- 16
omit, insert-- 17
`(5) If a person brings a proceeding in the court for a declaration 18
requiring a designator to give, under section 2.6.23,35 a notice of intention to 19
resume an interest in land under the Acquisition of Land Act 1967 and the 20
court makes an order about the declaration, the court must award costs 21
against the designator.'. 22
(3) Section 4.1.23-- 23
insert-- 24
`(10) An order made under this section may be made an order of the 25
District Court and enforced in the District Court.'. 26
35 Section 2.6.23 (If the designator does not act under the notice)
s 116 100 s 118
Building and Integrated Planning Amendment
of s 4.1.33 (Stay of operation of enforcement notice) 1
Amendment
Clause 116. Section 4.1.33(2)(b)-- 2
omit, insert-- 3
`(b) carrying out development that is the demolition of a work.'. 4
of s 4.1.36 (Appeals against disqualification as a private 5
Omission
certifier) 6
Clause 117. Section 4.1.36-- 7
omit. 8
of s 4.2.1 (Establishing building and development 9
Amendment
tribunals) 10
Clause 118.(1) Section 4.2.1(2), `5 referees'-- 11
omit, insert-- 12
`5 general referees'. 13
(2) Section 4.2.1-- 14
insert-- 15
`(4) However, if a tribunal is being established only to hear an appeal 16
against a local government's decision about the amenity and aesthetics 17
assessment of a building under the Standard Building Regulation, the 18
tribunal may be established by the appointment of 3 aesthetic referees as the 19
members constituting the tribunal. 20
`(5) The aesthetic referees appointed under subsection (4) must be-- 21
(a) 1 individual who is an architect (who is the chairperson of the 22
tribunal); and 23
(b) 1 individual who is not a member of, nor employed by the local 24
government whose decision is being appealed and whose 25
appointment has been discussed with the Local Government 26
Association of Queensland; and 27
(c) 1 individual whose appointment has been discussed with the 28
s 119 101 s 122
Building and Integrated Planning Amendment
Queensland Master Builders' Association and the Housing 1
Industry Association.'. 2
of s 4.2.2 (Consultation about multiple members 3
Amendment
tribunals) 4
Clause 119. Section 4.2.2-- 5
insert-- 6
`(2) Subsection (1) does not apply to a tribunal established under 7
section 4.2.1(4).'. 8
of s 4.2.4 (Referee with conflict of interest not to be 9
Amendment
member of tribunal) 10
Clause 120. Section 4.2.4(1)(a)(ii), `referee is'-- 11
omit, insert-- 12
`referee was, is'. 13
of s 4.2.7 (Jurisdiction of tribunals) 14
Amendment
Clause 121. Section 4.2.7(2)-- 15
omit, insert-- 16
`(2) An appeal to a tribunal may only relate to the part of a development 17
application assessed against the Building Act 1975.'. 18
of s 4.2.10 (Appeal by advice agency) 19
Amendment
Clause 122.(1) Section 4.2.10(1), from `, and'-- 20
omit, insert-- 21
`for the aspect of building work to be assessed against the Building Act 22
1975.'. 23
(2) Section 4.2.10(2), `Queensland' to `as an'-- 24
omit. 25
s 123 102 s 126
Building and Integrated Planning Amendment
of s 4.2.14 (Stay of operation of enforcement notice) 1
Amendment
Clause 123. Section 4.2.14(2)(b)-- 2
omit, insert-- 3
`(b) carrying out development that is the demolition of a work.'. 4
of s 4.2.33 (Matters the tribunal may consider in making 5
Replacement
a decision) 6
Clause 124. Section 4.2.33-- 7
omit, insert-- 8
the tribunal may consider in making a decision 9
`Matters
`4.2.33. If the appeal is about a development application (including about 10
a development approval given for a development application), the tribunal 11
must decide the appeal based on the laws and policies applying when the 12
application was made, but may give the weight to any new laws and 13
policies the tribunal considers appropriate.'. 14
of s 4.2.34 (Appeal decision) 15
Amendment
Clause 125. Section 4.2.34(2)-- 16
insert-- 17
`(e) if the application is for building work--with the consent of the 18
appellant, vary the application so that the tribunal is satisfied-- 19
(i) the building, when erected, will not have an extremely 20
adverse affect on the amenity or likely amenity of the 21
building's neighbourhood; and 22
(ii) the aesthetics of the building, when erected, will not be in 23
extreme conflict with the character of the building's 24
neighbourhood.'. 25
of new s 4.2.35A 26
Insertion
Clause 126. After section 4.2.35-- 27
insert-- 28
s 127 103 s 129
Building and Integrated Planning Amendment
of compliance 1
`Notice
`4.2.35A. If the tribunal orders or directs the assessment manager, 2
including a private certifier acting as an assessment manager, to do 3
something, the assessment manager must, after doing the thing, give the 4
registrar written notice of doing the thing.'. 5
of s 4.2.36 (Appointment of referees) 6
Amendment
Clause 127.(1) Section 4.2.36(1), `referees'-- 7
omit, insert-- 8
`general referees'. 9
(2) Section 4.2.36(2) and (3)-- 10
renumber as 4.2.36(3) and (4). 11
(3) Section 4.2.36-- 12
insert-- 13
`(2) The chief executive may, by written notice, appoint persons to be 14
aesthetics referees for a tribunal established under section 4.2.1(4).'. 15
of s 4.2.37 (Qualification of referees) 16
Amendment
Clause 128.(1) Section 4.2.37, heading-- 17
omit, insert-- 18
`Qualifications of general referees'. 19
(2) Section 4.2.37, `referee'-- 20
omit, insert-- 21
`general referee'. 22
of section 4.2.38 (Term of referee's appointment) 23
Replacement
Clause 129. Section 4.2.38-- 24
omit, insert-- 25
s 130 104 s 131
Building and Integrated Planning Amendment
of referee's appointment 1
`Term
`4.2.38.(1) A person may be appointed-- 2
(a) as a general referee--for the term the Minister considers 3
appropriate, but the term must not be longer than 3 years; and 4
(b) as an aesthetics referee--for hearing 1 or more decisions, about 5
the amenity and aesthetics of a building, that have been appealed. 6
`(2) The term of appointment of a general referee must be stated in the 7
notice of appointment. 8
`(3) A referee may be reappointed. 9
`(4) A referee may at any time resign the referee's appointment by 10
writing under the referee's hand given to-- 11
(a) if the referee is a general referee--the Minister; or 12
(b) if the referee is an aesthetics referee--the chief executive. 13
`(5) The Minister may cancel a general referee's appointment at any time. 14
`(6) The chief executive may cancel an aesthetics referee's appointment at 15
any time.'. 16
of s 4.2.39 (Referee to make declaration) 17
Amendment
Clause 130.(1) Section 4.2.39, heading-- 18
omit, insert-- 19
`General referee to make declaration'. 20
(2) Section 4.2.39(1), `referee'-- 21
omit, insert-- 22
`general referee'. 23
of new s 4.3.2A 24
Insertion
Clause 131. After section 4.3.2-- 25
insert-- 26
s 132 105 s 135
Building and Integrated Planning Amendment
assessable development must comply with codes 1
`Certain
`4.3.2A. A person must comply with codes mentioned in 2
section 3.1.2(4) when carrying out assessable development. 3
Maximum penalty--165 penalty units.'. 4
of s 4.3.3 (Compliance with development approval) 5
Amendment
Clause 132. Section 4.3.3-- 6
insert-- 7
`(3) Also, subsection (1) does not apply to a contravention of a condition 8
of a development approval imposed, or required to be imposed, by the 9
administering authority under the Environmental Protection Act 1994 as the 10
assessment manager or a concurrence agency for the application for the 11
approval.36'. 12
of s 4.3.5 (Carrying on unlawful use of premises) 13
Amendment
Clause 133. Section 4.3.5, section number `4.3.5.'-- 14
omit, insert-- 15
`4.3.5.(1)'. 16
of s 4.3.8 (Application of div 2) 17
Amendment
Clause 134. Section 4.3.8(c)-- 18
omit, insert-- 19
`(c) carrying out development that is the demolition of a work; or 20
(d) ceasing building work.'. 21
of s 4.3.11 (Giving enforcement notice) 22
Amendment
Clause 135. Section 4.3.11-- 23
36 The Environmental Protection Act 1994, section 60ZF, creates offences for
contravening a condition mentioned in subsection (3).
s 136 106 s 137
Building and Integrated Planning Amendment
insert-- 1
`(3) If a private certifier is engaged for an aspect of a development, the 2
assessing authority must not give an enforcement notice in relation to the 3
aspect until the assessing authority has consulted with the private certifier 4
about the giving of the notice. 5
`(4) Subsection (3) does not apply if the assessing authority reasonably 6
believes the work, in relation to which the enforcement notice is to be given, 7
is dangerous. 8
`(5) The assessing authority may not delegate its power to give an 9
enforcement notice about the demolition of a building. 10
`(6) An enforcement notice requiring a person to stop carrying out 11
building work may be given by fixing the notice to the premises, or the 12
building or structure on the premises, in a way that a person entering the 13
premises would normally see the notice. 14
`(7) If, in relation to a development offence involving premises, the 15
person who committed the offence is not the owner of the premises, a local 16
government may also give an enforcement notice to the owner requiring the 17
owner to remedy the commission of the offence in the way stated in the 18
notice.'. 19
of s 4.3.18 (Proceedings for offences) 20
Amendment
Clause 136.(1) Section 4.3.18(3), `Standard Building Law'-- 21
omit, insert-- 22
`Standard Building Regulation'. 23
(2) Section 4.3.18(3), `an assessing'-- 24
omit, insert-- 25
`the assessing'. 26
of s 4.3.22 (Proceedings for orders) 27
Amendment
Clause 137.(1) Section 4.3.22(2), `Standard Building Law'-- 28
omit, insert-- 29
s 138 107 s 141
Building and Integrated Planning Amendment
`Standard Building Regulation'. 1
(2) Section 4.3.22(2), `having enforcement jurisdiction for the matter'-- 2
omit. 3
of s 4.4.7 (Application of div 3) 4
Amendment
Clause 138. Section 4.4.7, after `under'-- 5
insert-- 6
`or in relation to'. 7
of s 5.1.17 (Local government to consider all submission) 8
Amendment
Clause 139. Section 5.1.17, heading `submission'-- 9
omit, insert-- 10
`submissions'. 11
of s 5.2.2 (Agreements may be entered into about 12
Amendment
infrastructure 13
Clause 140. Section 5.2.2(1)(b) to (d)-- 14
omit, insert-- 15
`(b) supplying a development infrastructure item to a different 16
standard than the standard stated for the item in an infrastructure 17
charges plan; or 18
(c) supplying a development infrastructure item not identified in an 19
infrastructure charges plan (whether or not an infrastructure 20
charges plan has been prepared for the planning scheme); or 21
(d) supplying infrastructure other than development infrastructure 22
items for a development proposal.'. 23
of s 5.3.3 (What is a private certifier) 24
Amendment
Clause 141. Section 5.3.3(1)-- 25
omit, insert-- 26
s 142 108 s 143
Building and Integrated Planning Amendment
`5.3.3.(1) A "private certifier" is an individual who-- 1
(a) has the qualifications, necessary experience or accreditation 2
prescribed under a regulation under this or another Act for a 3
certifier for a stated code; and 4
(b) undertakes work by contractual arrangements with clients, either 5
as an individual or through an entity employing the individual.'. 6
of s 5.3.4 (Application must not be inconsistent with 7
Amendment
earlier approval) 8
Clause 142. Section 5.3.4, `must be'-- 9
omit, insert-- 10
`must'. 11
of ss 5.3.55.3.7 12
Replacement
Clause 143.(1) Sections 5.3.5 to 5.3.7-- 13
omit, insert-- 14
certifier may decide certain development applications and 15
`Private
inspect and certify certain works 16
`5.3.5.(1) For the types of development or works for which a private 17
certifier has the qualifications, necessary experience or accreditation, the 18
private certifier may receive, assess and decide development applications as 19
if the private certifier were the assessment manager. 20
`(2) If a private certifier is engaged to assess and decide the application 21
and this or another Act requires that the work be inspected, the private 22
certifier must also be engaged to-- 23
(a) inspect that the work complies with the development permit 24
authorising the work, any conditions of the permit and the code 25
against which the work must be assessed; and 26
(b) issue any certificate required by this or the other Act. 27
`(3) The private certifier must, when issuing the decision notice, include 28
in the notice details of any other code the applicant may need to comply 29
with in relation to the work to which the application relates. 30
s 143 109 s 143
Building and Integrated Planning Amendment
`(4) However, the private certifier must not decide the application until all 1
other assessments for the application (other than assessments against the 2
Standard Sewerage Law or Standard Water Supply Law for premises 3
within sewered areas declared under the Standard Sewerage Law) are 4
completed. 5
`(5) If the private certifier receives the application before all other 6
assessments are completed-- 7
(a) the certifier may start processing the application; and 8
(b) for timings under IDAS, the application is taken not to have been 9
received until the day all other assessments are completed. 10
`(6) If the private certifier approves the application, the private certifier 11
must, within 5 business days after approving the application, give to the 12
assessment manager a copy of-- 13
(a) the application; and 14
(b) the decision notice, or the negotiated decision notice; and 15
(c) any other documents prescribed under a regulation under this or 16
another Act. 17
`(7) If the private certifier issues any certificate required by this or 18
another Act, the private certifier must, within 5 business days after issuing 19
the certificate, give a copy of the certificate to the assessment manager. 20
`(8) In this section-- 21
"other assessments", for development, means assessment functions 22
outside the private certifier's powers. 23
certifier may act as assessing authority in certain 24
`Private
circumstances 25
`5.3.6.(1) For chapter 4, part 3, divisions 2 and 3, a private certifier is 26
taken to be an assessing authority in relation to the types of development or 27
works for which the private certifier-- 28
(a) is qualified, has the necessary experience or is accredited; and 29
(b) has been engaged to perform the functions of a private certifier 30
under this part. 31
s 144 110 s 146
Building and Integrated Planning Amendment
`(2) If a person fails to comply with an enforcement notice given by a 1
private certifier under subsection (1), the private certifier must give the 2
assessment manager written notice of the failure. 3
(including local governments) may undertake private 4
`Entities
certification 5
`5.3.7.(1) An entity, including a local government, may undertake the 6
work of a private certifier. 7
`(2) Subsection (1) applies only if the work is undertaken by an 8
employee (who is a private certifier) of the entity.'. 9
of s 5.3.14 (Minister or accrediting body may disqualify a 10
Omission
private certifier) 11
Clause 144. Section 5.3.14-- 12
omit. 13
of s 5.4.5 (Compensation for erroneous planning and 14
Amendment
development certificates) 15
Clause 145. Section 5.4.5, heading `erronous'-- 16
omit, insert-- 17
`erroneous'. 18
of s 5.7.1 (Meaning of "available for inspection and 19
Amendment
purchase") 20
Clause 146.(1) Section 5.7.1(1)(d), `department'-- 21
omit, insert-- 22
`chief executive'. 23
(2) Section 5.7.1(1)(e)-- 24
omit. 25
s 147 111 s 149
Building and Integrated Planning Amendment
of s 5.7.2 (Documents local government must keep 1
Amendment
available for inspection and purchase 2
Clause 147. Section 5.7.2(p) and (q)-- 3
omit, insert-- 4
`(p) each show cause notice and enforcement notice given by the local 5
government under this Act or the Building Act 1975; 6
(q) each show cause notice and enforcement notice a copy of which 7
was given to the local government under this Act or the Building 8
Act 1975 by an assessing authority or private certifier; 9
(r) each enforcement order made by the court on the application of 10
the local government. 11
`(2) The documents mentioned in subsection (1) may be contained in 12
hard copy or electronic form in 1 or more registers kept for the purpose.'. 13
of s 5.7.4 (Documents assessment manager must keep 14
Amendment
available for inspection and purchase) 15
Clause 148.(1) Section 5.7.4(b) to (p)-- 16
renumber as 5.7.4(c) to (g). 17
(2) Section 5.7.4-- 18
insert-- 19
`(b) each decision notice and negotiated decision notice a copy of 20
which was given to the assessment manager by a private 21
certifier;'. 22
(3) Section 5.7.4-- 23
insert-- 24
`(2) The documents mentioned in subsection (1) may be contained in 25
hard copy or electronic form in 1 or more registers kept for the purpose.'. 26
of s 5.7.5 (Documents assessment manager must keep 27
Amendment
available for inspection only) 28
Clause 149.(1) Section 5.7.5(1)(b)-- 29
s 150 112 s 151
Building and Integrated Planning Amendment
omit, insert-- 1
`(b) a register of all development applications-- 2
(i) made to the assessment manager; and 3
(ii) copies of which were given to the assessment manager by a 4
private certifier.'. 5
(2) Section 5.7.5-- 6
insert-- 7
`(4) The register may be in hard copy or electronic form.'. 8
of s 5.7.6 (Documents department must keep available 9
Amendment
for inspection and purchase 10
Clause 150.(1) Section 5.7.6, heading, `department'-- 11
omit, insert-- 12
`chief executive'. 13
(2) Section 5.7.6, `department'-- 14
omit, insert-- 15
`chief executive'. 16
(3) Section 5.7.6(a) to (d)-- 17
omit. 18
(4) Section 5.7.6(e) to (l)-- 19
renumber as 5.7.6(a) to (h). 20
(5) Section 5.7.6-- 21
insert-- 22
`(i) each report prepared by the Minister under section 3.6.9(1).'. 23
of s 5.7.7 (Documents department must keep available 24
Replacement
for inspection only) 25
Clause 151. Section 5.7.7-- 26
s 152 113 s 153
Building and Integrated Planning Amendment
omit, insert-- 1
chief executive must keep available for inspection only 2
`Documents
`5.7.7. The chief executive must keep the following available for 3
inspection only-- 4
(a) an official copy of this Act and every regulation made under this 5
Act and in force; 6
(b) all current local government planning schemes (including all 7
consolidated planning schemes); 8
(c) all amendments of the planning schemes; 9
(d) all current local government planning scheme policies; 10
(e) any current temporary local planning instrument.'. 11
of s 5.8.3 (Application of State Development and Public 12
Amendment
Works Organization Act 1971) 13
Clause 152. Section 5.8.3, `Coordinator General'-- 14
omit, insert-- 15
`Coordinator-General'. 16
of s 6.1.1 (Definitions for pt 1) 17
Amendment
Clause 153.(1) Section 6.1.1, definition "applicable codes"-- 18
omit, insert-- 19
` "applicable codes", for self-assessable development, means-- 20
(a) for development other than building work--the standards or 21
requirements under a transitional planning scheme or interim 22
development control provision applying to self-assessable 23
development; or 24
(b) for building work--the standards and requirements mentioned in 25
paragraph (a) and the Standard Building Regulation.'. 26
(2) Section 6.1.1, definition "assessable development"-- 27
omit, insert-- 28
s 153 114 s 153
Building and Integrated Planning Amendment
` "assessable development" means-- 1
(a) development specified in schedule 8, part 1 37 as assessable 2
development; or 3
(b) to the extent the following development is not inconsistent with 4
schedule 8, part 1--development that, before the commencement 5
of this section, would have required an application to be made-- 6
(i) for a continuing approval; or 7
(ii) under section 4.3(1)38 of the repealed Act.'. 8
(3) Section 6.1.1, definition "former planning scheme"-- 9
omit, insert-- 10
` "former planning scheme" means a planning scheme under the repealed 11
Act and each town planning by-law and subdivision of land by-law 12
mentioned in section 8.10(6) of the repealed Act in force immediately 13
before the commencement of this section.'. 14
(4) Section 6.1.1, definition "self-assessable development"-- 15
omit, insert-- 16
` "self-assessable development" means-- 17
(a) development specified in schedule 8, part 239 as self-assessable 18
development; and 19
(b) to the extent the development is not inconsistent with schedule 8, 20
part 2--development that, before the commencement of this 21
section, would not have required an application to be made but 22
would have required the development to comply with applicable 23
codes.'. 24
37 Schedule 8 (Assessable, self-assessable and exempt development), part 1
(Assessable development)
38 Section 4.3 (Amendment of a planning scheme etc. by an applicant)
39 Schedule 8 (Assessable, self-assessable and exempt development), part 2
(Self-assessable development)
s 154 115 s 157
Building and Integrated Planning Amendment
of s 6.1.2 (Continuing effect of former planning scheme) 1
Amendment
Clause 154. Section 6.1.2(2), `prevails.'-- 2
omit, insert-- 3
`prevails, unless this chapter states otherwise.'. 4
of s 6.1.3 (What are transitional planning schemes) 5
Amendment
Clause 155. Section 6.1.3(1) and (2), `area.'-- 6
omit, insert-- 7
`area, unless this chapter states otherwise.'. 8
s 6.1.4 (Transitional planning schemes for local 9
Amendment
government areas) 10
Clause 156. Section 6.1.4-- 11
insert-- 12
`(2) Subsection (1) has effect even though the transitional planning 13
scheme may not-- 14
(a) advance the purpose of this Act; or 15
(b) comply with section 2.1.3.'. 16
of s 6.1.10 (Preparation of amendments to planning 17
Amendment
schemes under repealed Act may continue) 18
Clause 157.(1) Section 6.1.10(1)(b), `continue'-- 19
omit, insert-- 20
`if the amendment was being prepared to enable the planning scheme to 21
be converted to an IPA planning scheme--continue'. 22
(2) Section 6.1.10(5)-- 23
omit, insert-- 24
`(5) For subsection (1), a local government is taken to have been 25
s 158 116 s 160
Building and Integrated Planning Amendment
preparing an amendment of a planning scheme if the local government had 1
made a resolution to amend the planning scheme.'. 2
of s 6.1.13 (Continuing effect of local planning policies) 3
Amendment
Clause 158. Section 6.1.13(2), `prevails.'-- 4
omit, insert-- 5
`prevails, unless this chapter states otherwise.'. 6
of 6.1.17 (Amending transitional planning scheme 7
Amendment
policies for consistency with ch 3) 8
Clause 159. Section 6.1.17(2)(b), `resolution'-- 9
omit, insert-- 10
`proposed amendment'. 11
of s 6.1.20 (Planning scheme policies for infrastructure) 12
Amendment
Clause 160. Section 6.1.20(1)(b)-- 13
omit. 14
(2) Section 6.1.20(1)(c)-- 15
renumber as (b). 16
(3) Section 6.1.20(3)-- 17
renumber as (4). 18
(4) Section 6.1.20-- 19
insert-- 20
`(3) However, if the local government has an infrastructure charges plan, 21
the planning scheme policy must not deal with the same matters as the 22
infrastructure charges plan.'. 23
s 161 117 s 163
Building and Integrated Planning Amendment
of s 6.1.23 (Continuing effect of approvals issued before 1
Amendment
commencement) 2
Clause 161. Section 6.1.23(1)-- 3
insert-- 4
`(e) approvals (also "continuing approvals") issued under the 5
Building Act 1975, in force immediately before the 6
commencement of this section.'. 7
of s 6.1.25 (Effect of commencement on certain 8
Amendment
applications in progress) 9
Clause 162. Section 6.1.25-- 10
insert-- 11
`(2) If a request made before the commencement of this section was for 12
the revocation of a town planning consent, processing of the request and all 13
matters incidental to the processing must proceed as if the repealed Act had 14
not been repealed.'. 15
of s 6.1.26 (Effect of commencement on other 16
Amendment
applications in progress) 17
Clause 163. Section 6.1.26.(1)-- 18
omit, insert-- 19
`6.1.26.(1) This section applies to applications made before the 20
commencement of this section under section 4.3(1),40 section 4.6(1),41 21
section 4.9(1)42 or section 4.1543 of the repealed Act in so far as 22
section 4.15 relates to-- 23
(a) an application made under section 4.3(1) of the repealed Act; or 24
40 Section 4.3 (Amendment of a planning scheme etc. by an applicant)
41 Section 4.6 (Application for rezoning of land in stages)
42 Section 4.9 (Subsequent staged rezoning approvals)
43 Section 4.15 (Modification of certain applications and approvals)
s 164 118 s 164
Building and Integrated Planning Amendment
(b) an approval or condition under section 4.4(5)44 of the repealed 1
Act; or 2
(c) an equivalent application, approval or condition made before the 3
commencement of this section under the Local Government Act 4
1936 or the City of Brisbane Town Planning Act 1964.'. 5
of s 6.1.28 (IDAS must be used for processing 6
Amendment
applications) 7
Clause 164. Section 6.1.28(2) and (3)-- 8
omit, insert-- 9
`(2) If an application mentioned in subsection (1) were an application for 10
the same development under the repealed Act and would have required 11
public notification under the repealed Act-- 12
(a) the application must be processed as if it were a development 13
application requiring impact assessment; and 14
(b) a statement made under section 3.2.3(2)(d) on the 15
acknowledgment notice that an aspect of the development applied 16
for requires impact assessment is taken to mean that the 17
application will be processed as if it were a development 18
application requiring impact assessment. 19
`(3) If an application mentioned in subsection (1) were an application for 20
the same development under the repealed Act and would not have required 21
public notification under the repealed Act-- 22
(a) the application must be processed as if it were a development 23
application requiring code assessment; and 24
(b) a statement made under section 3.2.3(2)(c) on the 25
acknowledgment notice that an aspect of the development applied 26
for requires code assessment is taken to mean that the application 27
will be processed as if it were a development application requiring 28
code assessment; and 29
(c) despite section 3.2.3(2)(c), the acknowledgment notice need not 30
refer to codes.'. 31
44 Section 4.4 (Assessment of proposed planning scheme amendment)
s 165 119 s 167
Building and Integrated Planning Amendment
of s 6.1.29 (Assessing applications) 1
Amendment
Clause 165.(1) Section 6.1.29, heading-- 2
omit, insert-- 3
`Assessing applications (other than against the Standard Building 4
Regulation)'. 5
(2) Section 6.1.29(1), `the assessing aspects'-- 6
omit, insert-- 7
`the part of the assessing aspects'. 8
(3) Section 6.1.29(3)(h)(iv), `sections'-- 9
omit, insert-- 10
`section'. 11
of s 6.1.30 (Deciding applications) 12
Amendment
Clause 166.(1) Section 6.1.30, heading-- 13
omit, insert-- 14
`Deciding applications (other than under the Standard Building 15
Regulation)'. 16
(2) Section 6.1.30(1), `when the assessment manager decides a'-- 17
omit, insert-- 18
`only for the part of the deciding aspects of a'. 19
(3) Section 6.1.30(5)(b), `similarly'-- 20
omit, insert-- 21
`similar'. 22
of s 6.1.31 (Conditions about infrastructure for 23
Amendment
applications) 24
Clause 167.(1) Section 6.1.31(1)(b)-- 25
omit, insert-- 26
s 168 120 s 169
Building and Integrated Planning Amendment
`(b) the local government has-- 1
(i) a planning scheme policy of the type mentioned in 2
section 6.1.20(1)(b); or 3
(ii) a provision, that was included before the commencement of 4
this section, in its planning scheme about monetary 5
contributions for specified infrastructure.'. 6
(2) Section 6.1.31(2), `For deciding the application'-- 7
omit, insert-- 8
`For deciding the aspect of the application relating to the planning scheme 9
policy or planning scheme provision'. 10
of s 6.1.34 (Consequential amendment of transitional 11
Amendment
planning schemes) 12
Clause 168. Section 6.1.34-- 13
insert-- 14
`(3) If the local government makes the amendment, section 3.5.27 does 15
not apply.'. 16
of new ss 6.1.35A6.1.35C 17
Insertion
Clause 169. After section 6.1.35-- 18
insert-- 19
to change conditions of rezoning approvals under 20
`Applications
repealed Act 21
`6.1.35A.(1) This section applies if a person wants to change the 22
conditions attached to an approval given under section 4.4(5) of the repealed 23
Act before the commencement of this section and the person can not use the 24
IDAS process to achieve the change. 25
`(2) A person may apply under section 4.3(1) of the repealed Act to 26
amend the conditions. 27
`(3) If a person applies under subsection (2) the application must be 28
processed by the local government as if the repealed Act had not been 29
s 170 121 s 170
Building and Integrated Planning Amendment
repealed. 1
`(4) This section expires 5 years after it commences. 2
approvals prevail over conditions of rezoning approvals 3
`Development
under repealed Act 4
`6.1.35B. To the extent a development approval given under this Act 5
conflicts with a condition of an approval given under section 4.4(5) of the 6
repealed Act, the development approval prevails. 7
requiring referral coordination 8
`Applications
`6.1.35C.(1) Despite section 3.3.5, referral coordination is required for 9
the following development applications-- 10
(a) applications for a material change of use for a designated 11
development; 12
(b) applications for a material change of use (other than for a 13
dwelling house, outbuilding or farm building) on prescribed land 14
or for the reconfiguration of a lot that is prescribed land. 15
`(2) Subsection (1) applies even if there are no concurrence agencies for 16
the application. 17
`(3) In subsection (1)-- 18
"designated development" means a development mentioned in the Local 19
Government (Planning and Environment) Regulation 1991, 20
schedule 1, immediately before the repeal of the repealed Act. 21
"prescribed land" means land located in, or having a common boundary 22
with, an area referred to in the Local Government (Planning and 23
Environment) Regulation 1991, schedule 2, immediately before the 24
repeal of the repealed Act. 25
`(4) This section expires 1 year after it commences.'. 26
of s 6.1.44 (Conditions may be changed or cancelled by 27
Amendment
assessment manager or concurrence agency in certain circumstances) 28
Clause 170. Section 6.1.44(1)(c) and (d)-- 29
s 171 122 s 172
Building and Integrated Planning Amendment
omit, insert-- 1
`(c) the development is assessable development as defined for this 2
part, and this Act generally; and 3
(d) the other Act or local law is repealed or amended; and 4
(e) if the Act or local law is amended-- 5
(i) the requirement for the licence, permit, registration or other 6
approval is removed; or 7
(ii) a condition of the licence, permit, registration or other 8
approval that could have been imposed under the other Act 9
or local law before the amendment may be imposed, under 10
this Act, on the development approval.'. 11
of s 6.1.51 (Orders in council about Crown land under 12
Amendment
repealed Act) 13
Clause 171. Section 6.1.51-- 14
insert-- 15
`(3) Any development lawfully undertaken on premises to which an 16
order in council mentioned in subsection (1) applied while the premises 17
were owned by the State is and always has been lawful development and 18
any use of the premises that is a natural and ordinary consequence of the 19
development is a lawful use. 20
`(4) Subsection (3) applies even though the premises may no longer be 21
owned by the State.'. 22
of new s 6.1.53 23
Insertion
Clause 172. In chapter 6, part 1, after section 6.1.52-- 24
insert-- 25
to repealed Act 26
`References
`6.1.53. A reference in an Act or document to the Local Government 27
(Planning and Environment) Act 1990 may, if the context permits, be taken 28
to be a reference to this Act.'. 29
s 173 123 s 174
Building and Integrated Planning Amendment
of sch 1 (Process for making or amending planning 1
Amendment
schemes) 2
Clause 173.(1) Schedule 1, section 2(1)-- 3
insert-- 4
`(d) the amendment is about a benchmark development sequence.'. 5
(2) Schedule 1, section 2(2) `subsection (1)(a) or (b)'-- 6
omit, insert-- 7
`subsection (1)(a), (b) or (d)'. 8
(3) Schedule 1, section 5(1)(b), `to'-- 9
omit, insert-- 10
`for'. 11
(4) Schedule 1, section 12, heading, `and access of'-- 12
omit, insert-- 13
`of, and access to,'. 14
(5) Schedule 1, section 16(2), `advertised'-- 15
omit, insert-- 16
`notified'. 17
(6) Schedule 1, section 17(1), from `decides to'-- 18
omit, insert-- 19
`proceeds under section 16(1)(a) or (b).'. 20
of sch 4 (Process for making or amending State planning 21
Amendment
policies) 22
Clause 174.(1) Schedule 4, section 1(3)(e), after `period'-- 23
insert-- 24
`(the "consultation period")'. 25
(2) Schedule 4, section 2(1), `section 1,'-- 26
omit, insert-- 27
s 175 124 s 176
Building and Integrated Planning Amendment
`section 1,45'. 1
(3) Schedule 4, section 6, `3 to 5'-- 2
omit, insert-- 3
`1 and 3 to 5'. 4
of sch 5 (Community infrastructure) 5
Amendment
Clause 175.(1) Schedule 5, item 1(l), from `(other than'-- 6
omit. 7
(2) Schedule 5(1), paragraph (j) (operating works under the Electricity 8
Act 1994)-- 9
renumber as 5(1)(k). 10
of sch 8 (Assessable, self-assessable and exempt 11
Amendment
development) 12
Clause 176.(1) Schedule 8, part 1, item 3-- 13
insert-- 14
`(u) if the reconfiguration of a lot is also assessable development--for 15
the reconfiguration of the lot.'. 16
(2) Schedule 8, part 1, item 4(a), `subdivision;'-- 17
omit, insert-- 18
`subdivision that does not subdivide land on or below the surface of the 19
land;'. 20
(3) Schedule 8, part 1, item 5, `character,'-- 21
omit. 22
(4) Schedule 8, part 1, item 6-- 23
omit, insert-- 24
45 Section 1 need not be complied with if the proposal is for a State planning
policy that is to have effect for less than 1 year or for a minor amendment of a
State planning policy (see schedule 4, section 6).
s 177 125 s 178
Building and Integrated Planning Amendment
`6. Development prescribed under a regulation under the Environmental 1
Protection Act 1994 for this section for carrying out an environmentally 2
relevant activity under that Act.'. 3
(5) Schedule 8, part 2, divisions 1 and 2 (headings)-- 4
omit. 5
(6) Schedule 8, part 2, item 7-- 6
omit, insert-- 7
`7. All building work declared under the Standard Building Regulation to 8
be self-assessable development.'. 9
(7) Schedule 8, part 2, item 9-- 10
omit, insert-- 11
`9. All building work carried out by or on behalf of the State, a public 12
sector entity or a local government, other than exempt development.'. 13
(8) Schedule 8, part 3, item 11-- 14
omit, insert-- 15
`11. All building work declared under the Standard Building Regulation 16
to be exempt development.'. 17
of sch 9 (Consequential amendments) 18
Amendment
Clause 177.(1) Schedule 9, item 2, `After section 464'-- 19
omit, insert-- 20
`After section 464A'. 21
(2) Schedule 9, item 2, `464A.(1)'-- 22
omit, insert-- 23
`464B.(1)'. 24
of sch 10 (Dictionary) 25
Amendment
Clause 178.(1) Schedule 10, definitions "accrediting body", "assessable 26
development", "building", "code", "self-assessable development" and 27
"transitional development application"-- 28
s 178 126 s 178
Building and Integrated Planning Amendment
omit. 1
(2) Schedule 10-- 2
insert-- 3
` "accrediting body" means an incorporated or statutory body prescribed 4
under a regulation to be an accrediting body for accrediting private 5
certifiers. 6
"applicable code", for development, means a code that can reasonably be 7
identified as applying to the development. 8
"assessable development" means-- 9
(a) development specified in schedule 8, part 1; or 10
(b) for a planning scheme area--development that is not specified in 11
schedule 8, part 1 but is declared under the planning scheme for 12
the area to be assessable development. 13
"building" means a fixed structure that is wholly or partly enclosed by 14
walls and is roofed, and includes a floating building and any part of a 15
building. 16
"code" means a document or part of a document identified as a code-- 17
(a) in a planning instrument; or 18
(b) for IDAS in this Act or another Act;46 or 19
(c) in a preliminary approval. 20
"development application (superseded planning scheme)" means-- 21
(a) for development that would not have required a development 22
permit under a superseded planning scheme but requires a 23
development permit under the planning scheme in force at the 24
time the application is made, a development application-- 25
(i) in which the applicant advises that the applicant proposes to 26
carry out development under the superseded planning 27
scheme; and 28
(ii) made only to a local government as assessment manager; 29
46 Under the Acts Interpretation Act 1954, section 7, "Act" includes a reference to a
statutory instrument made or in force under an Act.
s 178 127 s 178
Building and Integrated Planning Amendment
and 1
(iii) made within 2 years after the day the planning scheme or 2
planning scheme policy creating the superseded planning 3
scheme was adopted or the amendment creating the 4
superseded planning scheme was adopted. 5
(b) for any other development, a development application-- 6
(i) in which the applicant asks the assessment manager to 7
assess the application under a superseded planning scheme; 8
and 9
(ii) made only to a local government as assessment manager; 10
and 11
(iii) made within 2 years after the day the planning scheme or 12
planning scheme policy creating the superseded planning 13
scheme was adopted or the amendment creating the 14
superseded planning scheme was adopted. 15
"self-assessable development" means-- 16
(a) development specified in schedule 8, part 2; or 17
(b) for a planning scheme area--development that is not specified in 18
schedule 8, part 2 but is declared under the planning scheme for 19
the area to be self-assessable development. 20
"Standard Building Regulation" means the Standard Building 21
Regulation 1993.'. 22
(3) Schedule 10, definition "agency's referral day" `see 23
section 3.3.1(1)(a), (b) and (c)'-- 24
omit, insert-- 25
`section 3.3.1(1)'. 26
(4) Schedule 10, definition "principal submitter", `about a development 27
application'-- 28
omit. 29
s 179 128 s 182
Building and Integrated Planning Amendment
for referral coordination 1
Amendments
Clause 179.(1) Sections 3.2.3(2)(f), 3.3.4(b), 3.3.5(2), 3.3.6(1) and 3.3.7(1), `the 2
application requires referral coordination'-- 3
omit, insert-- 4
`referral coordination is required'. 5
(2) Section 3.2.6.(2), `an application requires referral coordination'-- 6
omit, insert-- 7
`referral coordination is required'. 8
for "transitional development applications" 9
Amendment
Clause 180. Sections 3.2.1(5), 3.2.3(1), 3.2.5(1) and (3), 3.5.4(4), 3.5.5(4), 10
3.5.6(1), 3.5.21(2) to (5), 4.1.30(3), 4.1.52(3), 4.2.11(3), 5.4.2 and 11
5.4.9(1), `transitional development application'-- 12
omit, insert-- 13
`development application (superseded planning scheme)'. 14
ART 7--QUEENSLAND BUILDING SERVICES 15
P
AUTHORITY ACT 1991 16
amended 17
Act
Clause 181. This part amends the Queensland Building Services Authority Act 18
1991. 19
of s 2 (Commencement) 20
Omission
Clause 182. Section 2-- 21
omit. 22
s 183 129 s 185
Building and Integrated Planning Amendment
of s 4 (Definitions) 1
Amendment
Clause 183. Section 3-- 2
insert-- 3
` "assessment manager" has the meaning given by the Integrated 4
Planning Act 1997.47'. 5
of s 18 (Role of the General Manager) 6
Amendment
Clause 184.(1) Section 18(1)-- 7
insert-- 8
`(c) the power to carry out any function the General Manager is 9
authorised by another Act to carry out.'. 10
(2) Section 18(1)-- 11
insert-- 12
`(1A) In carrying out a function under subsection (1)(c), the General 13
Manager may adopt the procedures of this Act unless the Act authorising 14
the function prescribes another procedure.'. 15
of s 68 (Payment of insurance premium) 16
Amendment
Clause 185.(1) Section 68(2), `A local authority' to `Building Act 1975'-- 17
omit, insert-- 18
`An assessment manager must not, under the Integrated Planning Act 19
1997, issue a development approval for building work'. 20
(2) Section 68-- 21
47 Integrated Planning Act 1997, section 3.1.7--
The "assessment manager", for an application, is--
(a) if the development is wholly within a local government's area--the local
government, unless a different entity is prescribed under a regulation; or
(b) if paragraph (a) does not apply--
(i) the entity prescribed under a regulation; or
(ii) if no entity has been prescribed--the entity decided by the Minister.
Under Integrated Planning Act 1997, section 5.3.5(1)(a), a private certifier may,
in certain circumstances, act as an assessment manager.
s 186 130 s 187
Building and Integrated Planning Amendment
insert-- 1
`(4) A private certifier who is acting as an assessment manager must not 2
contravene subsection (2). 3
Maximum penalty--20 penalty units.'. 4
of s 108 (Obligation of local authority) 5
Amendment
Clause 186.(1) Section 108, heading-- 6
omit, insert-- 7
`Obligation of assessment manager'. 8
(2) Section 108, `A local authority'-- 9
omit, insert-- 10
`An assessment manager'. 11
PART 8--CONSEQUENTIAL AMENDMENTS 12
amendments--schedule 13
Consequential
Clause 187. An Act mentioned in the schedule is amended as shown in the 14
schedule. 15
131
Building and Integrated Planning Amendment
CHEDULE 1
¡S
CONSEQUENTIAL AMENDMENTS 2
section 187 3
BEACH PROTECTION ACT 1968 4
´
Amendments 5
1. Section 3, definition "court"-- 6
omit, insert-- 7
` "court" means the Planning and Environment Court.'. 8
2. Section 44A(2), `Standard Building Law under the Building Act 9
1975'-- 10
omit, insert-- 11
`Standard Building Regulation 1993'. 12
BODY CORPORATE AND COMMUNITY 13
´
MANAGEMENT ACT 1997 14
Amendment 15
1. Schedule 4, definition "Planning Act", `Local Government 16
(Planning and Environment) Act 1990'-- 17
omit, insert-- 18
`Integrated Planning Act 1997'. 19
132
Building and Integrated Planning Amendment
SCHEDULE (continued)
ENTURY ZINC PROJECT ACT 1997 1
´C
Amendment 2
1. Schedule 6, definition "development application", paragraph (a) 3
`Local Government (Planning and Environment) Act 1990'-- 4
omit, insert-- 5
`Integrated Planning Act 1997'. 6
OASTAL PROTECTION AND MANAGEMENT 7
´C
ACT 1995 8
Amendments 9
1. Schedule 2, definition "planning scheme', `Local Government 10
(Planning and Environment) Act 1990, section 1.4'-- 11
omit, insert-- 12
`Integrated Planning Act 1997, section 2.1.1'. 13
2. Section 59(2), `An approval to build under the Building Act 1975'-- 14
omit, insert-- 15
`A development approval under the Integrated Planning Act 1997'. 16
133
Building and Integrated Planning Amendment
SCHEDULE (continued)
REMATION ACT 1913 1
´C
Amendment 2
1. Section 3, `Local Government (Planning and Environment) Act 3
1990'-- 4
omit, insert-- 5
`Integrated Planning Act 1997'. 6
FIRE AND RESCUE AUTHORITY ACT 1990 7
´
Amendments 8
1. Section 104A, definitions "Building Code of Australia" and "fire 9
safety installation", `Standard Building Law'-- 10
omit, insert-- 11
`Standard Building Regulation'. 12
2. Section 104A, definitions "Building Advisory Committee", 13
"building surveyor" and "Standard Building Law"-- 14
omit. 15
3. Section 104A-- 16
insert-- 17
` "building certifier" has the meaning given by the Building Act 1975.48 18
48 Building Act 1975, section 5--
"building certifier" means an individual accredited as a building certifier by an
accrediting body.
134
Building and Integrated Planning Amendment
SCHEDULE (continued)
"Standard Building Regulation" means the Standard Building 1
Regulation 1993.'. 2
4. Section 104N(1)(c)-- 3
omit, insert-- 4
`(c) 1 person nominated by the chief executive of the department 5
administering the Building Act 1975.'. 6
5. Section 104N(3), `building surveyor'-- 7
omit, insert-- 8
`building certifier'. 9
6. Section 104N(4) and (4A)-- 10
omit. 11
7. Section 104N(5), `chairperson of the Building Advisory 12
Committee'-- 13
omit, insert-- 14
`chief executive of the department administering the Building Act 1975.'. 15
NTEGRATED RESORT DEVELOPMENT ACT 1987 16
´I
Amendments 17
1. Section 15(4)-- 18
omit, insert-- 19
135
Building and Integrated Planning Amendment
SCHEDULE (continued)
`(4) The provisions of the Integrated Planning Act 1997 about 1
reconfiguring a lot do not apply to the site.'. 2
2. Section 15(5)-- 3
omit. 4
3. Section 72(5), `Part 7 of the Local Government (Planning and 5
Environment) Act 1990'-- 6
omit, insert-- 7
`The Integrated Planning Act 1997'. 8
AND ACT 1994 9
´L
Amendment 10
1. Section 109(4), `Local Government (Planning and Environment) Act 11
1990, part 5'-- 12
omit, insert-- 13
`provisions of the Integrated Planning Act 1997 about reconfiguring a 14
lot'. 15
136
Building and Integrated Planning Amendment
SCHEDULE (continued)
LAND TITLE ACT 1994 1
´
Amendment 2
1. Section 53, `section 5.3 of the Local Government (Planning and 3
Environment) Act 1990'-- 4
omit, insert-- 5
`the Integrated Planning Act 1997, section 3.7.6'. 6
OCAL GOVERNMENT ACT 1993 7
´L
Amendments 8
1. Section 4, definition "interim development control provisions"-- 9
omit, insert-- 10
` "interim development control provision" means an interim 11
development control provision that continues to have effect under the 12
Integrated Planning Act 1997, section 6.1.12.49'. 13
2. Section 4, definition "local government Act", `Local Government 14
(Planning and Environment) Act 1990'-- 15
omit, insert-- 16
`Integrated Planning Act 1997'. 17
49 Section 6.1.12 (Continuing effect of interim development control provisions)
137
Building and Integrated Planning Amendment
SCHEDULE (continued)
3. Section 4, definition "planning scheme", `Local Government 1
(Planning and Environment) Act 1990'-- 2
omit, insert-- 3
`Integrated Planning Act 1997, section 2.1.1'. 4
4. Section 377(1)(g), `Local Government (Planning and Environment) 5
Act 1990'-- 6
omit, insert-- 7
`Integrated Planning Act 1997'. 8
5. Section 507(1), `approved by the Governor in Council'-- 9
omit. 10
OCAL GOVERNMENT (CHINATOWN AND THE 11
´L
VALLEY MALLS) ACT 1984 12
Amendment 13
1. Section 3, definition "the court"-- 14
omit, insert-- 15
` "court" means the Planning and Environment Court.'. 16
138
Building and Integrated Planning Amendment
SCHEDULE (continued)
ATIONAL TRUST OF QUEENSLAND ACT 1963 1
´N
Amendment 2
1. Section 6(3), `Local Government (Planning and Environment) Act 3
1990'-- 4
omit, insert-- 5
`Integrated Planning Act 1997'. 6
NATURE CONSERVATION ACT 1992 7
´
Amendment 8
1. Section 7, definition "planning scheme", `of the Local Government 9
(Planning and Environment) Act 1990, section 1.4'-- 10
omit, insert-- 11
`the Integrated Planning Act 1997, section 2.1.1'. 12
EWERAGE AND WATER SUPPLY ACT 1949 13
´S
Amendments 14
1. Section 7AA(1)(a), `Local Government (Planning and Environment) 15
Act 1990'-- 16
omit, insert-- 17
`Building Act 1975'. 18
139
Building and Integrated Planning Amendment
SCHEDULE (continued)
2. Section 7AA(1)(f), `Electrical' to `Branch'-- 1
omit, insert-- 2
`Communications, Electrical and Plumbing Union, Plumbing Division, 3
Queensland Branch'. 4
3. Section 9(e)-- 5
omit, insert-- 6
`(e) a restricted plumber's or restricted drainer's licence.'. 7
4. Section 12(4)-- 8
omit, insert-- 9
`(4) If the board refuses to grant an application for a licence, the board 10
must refund to the applicant the amount of the application fee paid, less the 11
amount of the cost to the board of processing the application.'. 12
5. Section 14A, `section 19'-- 13
omit, insert-- 14
`section 15'. 15
OUTH BANK CORPORATION ACT 1989 16
´S
Amendments 17
1. Section 34(3)(a), `an application to which the Building Act 1975 18
relates'-- 19
omit, insert-- 20
`a development application under the Integrated Planning Act 1997'. 21
140
Building and Integrated Planning Amendment
SCHEDULE (continued)
2. Section 39G, `the Building Act 1975, section 4'-- 1
omit, insert-- 2
`the Integrated Planning Act 1997'. 3
3. Schedule 7, section 7, definition "building approvals authority", 4
`the Building Act 1975'-- 5
omit, insert-- 6
`the Integrated Planning Act 1997'. 7
TRANSPORT INFRASTRUCTURE ACT 1994 8
´
Amendments 9
1. Section 40-- 10
insert-- 11
`(9A) If the chief executive notifies the local government under 12
subsection (9)(b), the IDAS process under the Integrated Planning Act 13
1997 stops for the local government until the chief executive's approval is 14
received by the local government.'. 15
2. Section 136-- 16
omit. 17
3. Section 172, `Local Government (Planning and Environment) Act 18
1990'-- 19
omit, insert-- 20
`Integrated Planning Act 1997'. 21
141
Building and Integrated Planning Amendment
SCHEDULE (continued)
RANSPORT OPERATIONS (PASSENGER 1
´T
TRANSPORT) ACT 1994 2
Amendment 3
1. Section 145(3) and (5), `Local Government (Planning and 4
Environment) Act 1990'-- 5
omit, insert-- 6
`Integrated Planning Act 1997'. 7
WET TROPICS WORLD HERITAGE PROTECTION 8
´
AND MANAGEMENT ACT 1993 9
Amendment 10
1. Section 4, definition "planning scheme", `Local Government 11
(Planning and Environment) Act 1990, section 1.4'-- 12
omit, insert-- 13
`Integrated Planning Act 1997, section 2.1.1'. 14
15
© State of Queensland 1998
[Index] [Search] [Download] [Related Items] [Help]