BUILDING AND OTHER LEGISLATION AMENDMENT BILL 2006

Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

BUILDING AND OTHER LEGISLATION AMENDMENT BILL 2006

Queensland Building and Other Legislation Amendment Bill 2006

Queensland Building and Other Legislation Amendment Bill 2006 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 2 Amendment of Building Act 1975 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Replacement of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 Replacement of pts 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Chapter 1 Preliminary Part 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 2 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . 17 3 Simplified outline of main provisions of Act . . . . . . . . 17 Part 2 Interpretation Division 1 Dictionary 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2 Key definitions 5 What is building work . . . . . . . . . . . . . . . . . . . . . . . . . 19 5A What is a building development application . . . . . . . . 19 5B What is building assessment work . . . . . . . . . . . . . . . 19 5C Who is a building certifier . . . . . . . . . . . . . . . . . . . . . . 20 5D Private certifiers and their classes . . . . . . . . . . . . . . . 20 5E What is a building certifying function . . . . . . . . . . . . . 20 5F Who is the assessment manager for a building development application. . . . . . . . . . . . . . . . . . . . . . . 21 5G What is the Building Code of Australia (or BCA) . . . . 21

2 Building and Other Legislation Amendment Bill 2006 5H What is the Queensland Development Code (or QDC) ............................... 21 5I When building work complies with the BCA or QDC . 22 Division 3 Other references 5J References to changed BCA or QDC provision . . . . . 23 5K Reference in Act to applicants, development, assessment managers, referral agencies, building work or building certifiers . . . . . . . . . . . . . . . . . . . . . . 23 5L Reference in Act to local government. . . . . . . . . . . . . 24 5M Reference to local government includes any other assessment manager under IPA . . . . . . . . . . . . . . . . 25 5N Reference to a proposed building or structure . . . . . . 25 Chapter 2 When building work is assessable, self-assessable or exempt development 5O Building work that is assessable development for IPA 26 5P Building work that is self-assessable for IPA . . . . . . . 26 5Q Building work that is exempt development for IPA . . . 27 Chapter 3 Additional requirements for building development applications Part 1 Requirements for supporting documents 5R Operation of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 5S Required information for supporting documents . . . . 28 5T General requirements for supporting documents . . . . 29 5U Requirements if alternative solution used . . . . . . . . . 30 Part 2 Other requirements 5V Application for building work for budget accommodation building ................. 30 5W Application to build swimming pool on residential land must include fencing ................ 31 5X Application must include required site works . . . . . . . 31 Chapter 4 Assessment of building development applications and carrying out self-assessable building work Part 1 Laws and other documents under which building work must be assessed Division 1 General provisions about the laws and documents for the assessment 5Y Relevant laws and other documents for assessment of building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 5Z Building assessment provisions form a code for IDAS 33

3 Building and Other Legislation Amendment Bill 2006 6 Local laws, planning schemes and local government resolutions that may form part of the building assessment provisions ............ 33 6A Alternative planning scheme provisions to QDC boundary clearance and site cover provisions for particular buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 6B Relationship between IDAS and other building assessment provisions . . . . . . . . . . . . . . . . . . . . . . . . 35 6C Relationship between the BCA and the QDC. . . . . . . 35 6D When building assessment provisions must be applied .......................... 35 6E Provision for changes to building assessment provisions ............................ 35 Division 2 Variation of how particular building assessment provisions apply 6F Applying to vary how particular building assessment provision applies . . . . . . . . . . . . . . . . . . 36 6G Applying for fast-track decision. . . . . . . . . . . . . . . . . . 37 6H Effect of variation application on IDAS process . . . . . 37 6I Deciding variation application. . . . . . . . . . . . . . . . . . . 38 6J Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . 38 6K Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 6L Effect of variation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Part 2 Persons responsible for assessing building development applications Division 1 Who carries out building assessment work 6M Generally a building certifier must assess . . . . . . . . . 39 6N Concurrence agencies may carry out building assessment work within their jurisdiction . . . . . . . . . . 39 Division 2 Functions of private certifiers 6O Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 6P Functions of private certifier (class A) . . . . . . . . . . . . 40 6Q Functions of private certifier (class B) . . . . . . . . . . . . 42 6R Restrictions on building certifying functions that a private certifier (class B) can perform. . . . . . . . . . . . . 42 Division 3 Functions of local government 6S Function to act on building development application or development approval unless private certifier (class A) engaged . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 6T Restriction on local government issuing building development approval . . . . . . . . . . . . . . . . . . . . . . . . 44

4 Building and Other Legislation Amendment Bill 2006 6U Local government may rely on particular compliance certificates and other documents . . . . . . 44 6V Local government may rely on documents private certifier gives it for inspection or purchase . . . . . . . . . 44 Division 4 Power of particular replacement assessment managers to decide status under IDAS 6W Power to decide what stage of IDAS application is to resume or start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Part 3 Discretionary matters in the assessment of building development applications 6X Building certifier's discretion--BCA . . . . . . . . . . . . . . 46 6Y Building certifier's or concurrence agency's discretion--QDC ........................ 46 6Z Survey certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 7 Discretion for building development applications for particular budget accommodation buildings . . . . . . . . 47 7A Building certifier may rely on particular compliance certificates and other documents . . . . . . . . . . . . . . . . 48 7B Alterations to safe existing work may be approved on basis of earlier building assessment provisions . . 48 Part 4 Requirements for and restrictions on assessing or approving building development applications 7C Requirement to consider any advice agency response ............................. 49 7D Restriction on granting building development application for budget accommodation building . . . . . 50 7E Required report before assessing application for temporary building or structure with special fire service ............................... 50 7F Land subject to registered easement or statutory covenant .............................. 50 7G Special structures. . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 7H Temporary building or structure that does not comply with other building assessment provisions. . . 51 7I Particular alterations not permissible . . . . . . . . . . . . . 52 Part 5 Conditions of building development approvals Division 1 Conditions taken to be imposed 7J Operation of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 7K Engineering drawings . . . . . . . . . . . . . . . . . . . . . . . . . 54 7L When demolition, removal and rebuilding must start and be completed. . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 7M Building work in erosion prone area . . . . . . . . . . . . . . 55

5 Building and Other Legislation Amendment Bill 2006 7N Obligation to make current drawing available for inspection ............................ 55 7O Inspection and testing of special fire service installation ........................... 56 7P Earthworks and retaining walls. . . . . . . . . . . . . . . . . . 56 7Q Drainage of buildings or land . . . . . . . . . . . . . . . . . . . 56 7R Building work over existing sanitary drainage . . . . . . 57 Division 2 Conditions that may be imposed 7S Survey certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 7T Hazardous buildings . . . . . . . . . . . . . . . . . . . . . . . . . . 57 7U Alterations to unsafe existing work . . . . . . . . . . . . . . . 58 7V Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions . . . . . 58 Part 6 Regulation of building assessment work and the issuing of building development approvals by private certifiers 7W Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 7X General restrictions on granting building development approval . . . . . . . . . . . . . . . . . . . . . . . . 59 7Y Approval must not be inconsistent with particular earlier approvals or self-assessable development . . . 61 7Z Additional requirement for decision notice . . . . . . . . . 62 8 Requirements on approval of application . . . . . . . . . . 62 8A Local government acknowledgement . . . . . . . . . . . . . 63 8B When applicant is to be given the approval documents ........................... 63 Part 7 Provisions about lapsing of building development approvals and related matters Division 1 Building work for demolition or removal 8C Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 8D Relevant period under IPA, s 3.5.21 for development approval . . . . . . . . . . . . . . . . . . . . . . . . 64 8E Lapsing of building development approval . . . . . . . . . 64 8F Local government may complete particular work if condition not complied with . . . . . . . . . . . . . . . . . . . . 65 8G Releasing security . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Division 2 Other building work 8H Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 8I Reminder notice requirement for lapsing . . . . . . . . . . 66

6 Building and Other Legislation Amendment Bill 2006 8J Extension of lapsing time because of application to extend relevant period under IPA, s 3.5.21. . . . . . . . . 67 8K Restriction on private certifier (class A) extending relevant period under IPA, s 3.5.21 more than once . 67 Chapter 5 Inspections, building classification and the use of buildings Part 1 Giving of inspection documentation for single detached class 1a buildings and class 10 buildings or structures 8L Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 8M Obligation to give owner inspection documentation on final inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Part 2 Certificates of classification for other buildings Division 1 Preliminary 8N Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 8O Meaning of substantially completed . . . . . . . . . . . . . . 69 Division 2 Giving of certificate 8P Obligation to give certificate of classification on inspection after particular events . . . . . . . . . . . . . . . . 71 8Q Certificate requirements . . . . . . . . . . . . . . . . . . . . . . . 72 8R Interim certificate if building is remote . . . . . . . . . . . . 72 8S Certificates for a building occupied in stages . . . . . . . 73 Division 3 Miscellaneous provisions about certificates of classification 8T Term of certificate of classification . . . . . . . . . . . . . . . 74 8U Building certifier's obligation to give referral agency certificate and other documents . . . . . . . . . . . . . . . . . 74 8V Additional obligations if certificate of classification given by private certifier (class A) . . . . . . . . . . . . . . . 75 Part 3 Changes to BCA classification 8W What is a BCA classification change to a building . . . 75 8X Restriction on making BCA classification change . . . 75 8Y Provision for applying to local government to obtain approval for BCA classification change . . . . . . . . . . . 76 8Z Concessional approval for particular existing buildings .......................... 77 9 Obligation of building certifier approving BCA classification change to give new certificate of classification .......................... 78 Part 4 Restrictions on the use of buildings 9A No occupation or use of particular buildings without certificate of classification . . . . . . . . . . . . . . . . . . . . . 78

7 Building and Other Legislation Amendment Bill 2006 9B Occupation and use of building must comply with relevant BCA and QDC provisions . . . . . . . . . . . . . . . 79 9C Exception for use of government buildings for emergency ........................... 80 9D Enforcement action required . . . . . . . . . . . . . . . . . . . 80 9E Restriction on use of buildings built on or after 1 April 1976 .......................... 81 9F Further restriction on occupation of building for residential purposes . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Part 5 Miscellaneous provisions 9G BCA classification as special structure. . . . . . . . . . . . 81 9H Doubtful BCA classifications . . . . . . . . . . . . . . . . . . . 81 9I Building certifier's obligation to give owner inspection documentation if building development approval lapses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 9J Certificate of classification for particular buildings built before 30 April 1998 . . . . . . . . . . . . . . . . . . . . . . 82 9K Building certifier's obligation to give information notice about particular decisions . . . . . . . . . . . . . . . . 82 Chapter 6 Provisions about private certifiers and other building certifiers Part 1 General provisions about building certifiers Division 1 Regulation of the performance of building certifying functions 9L Person must not perform building certifying functions without licence . . . . . . . . . . . . . . . . . . . . . . 83 9M Building certifier performing building certifying function must be appropriately licensed . . . . . . . . . . . 84 9N Building certifier's duty to act in public interest in performing building certifying function . . . . . . . . . . . . 84 9O Building certifier must not perform building certifying function if there is a conflict of interest . . . . . . . . . . . . 85 Division 2 Code of conduct 9P Code of conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 9Q Tabling and inspection of amendment or replacement not part of or attached to regulation . . . 86 9R Access to code of conduct . . . . . . . . . . . . . . . . . . . . . 86 Division 3 Miscellaneous provisions 9S Effect of building certifier not complying with Act if no penalty provided . . . . . . . . . . . . . . . . . . . . . . . . . . 87 9T Additional functions of BSA for building certification . 87 Part 2 Private certifiers

8 Building and Other Legislation Amendment Bill 2006 Division 1 Regulation of private certifying functions 9U Restriction on performing functions of private certifier (class A) ...................... 88 9V Restriction on private certifier performing functions for building development applications. . . . . . . . . . . . . 88 9W Offence for private certifier not to act in public interest in performing private certifying function. . . . . 89 9X Private certifier must not perform private certifying function if there is a conflict of interest . . . . . . . . . . . . 89 Division 2 Engagement of private certifiers 9Y Power to contract to perform private certifying functions ............................. 90 9Z General restrictions on private certifier entering into engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 10 Restriction on engagement of private certifier (class B) ............................. 91 10A Requirements for engagement of private certifier . . . 92 10B Engagement of private certifier (class A) taken to include inspection and certification ........ 92 10C Notice of engagement to local government . . . . . . . . 92 10D Restriction on discontinuing engagement . . . . . . . . . 93 10E Effect of transfer of functions for building development approval to local government or replacement private certifier . . . . . . . . . . . . . . . . . . . . 93 10F Agreed fee recoverable despite valid refusal of particular actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Division 3 Record-keeping and related requirements 10G Building development applications and approval documents ............................ 95 10H Obligation to give inspection documentation to owner of building . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 10I Obligation to give inspection documentation and any reminder notice to local government . . . . . . . . . . 96 10J Obligation to keep inspection documentation. . . . . . . 97 Part 3 Licensing of building certifiers Division 1 Licence levels and their roles 10K Levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 10L Role of building surveyor . . . . . . . . . . . . . . . . . . . . . . 97 10M Role of assistant building surveyor. . . . . . . . . . . . . . . 97 10N Role of building surveying technician . . . . . . . . . . . . . 98 Division 2 Applying for and obtaining license

9 Building and Other Legislation Amendment Bill 2006 10O Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 10P Requirements for licence application . . . . . . . . . . . . . 98 10Q Decision on licence application . . . . . . . . . . . . . . . . . 99 10R Steps after making decision . . . . . . . . . . . . . . . . . . . . 99 10S Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Division 3 Private certification endorsements 10T Endorsements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 10U Who may apply for endorsement . . . . . . . . . . . . . . . . 100 10V Requirements for endorsement application . . . . . . . . 100 10W Restrictions on making endorsement . . . . . . . . . . . . . 100 10X Notice of refusal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Division 4 Renewals 10Y Notice of expiry of licence . . . . . . . . . . . . . . . . . . . . . 101 10Z Automatic expiry on failure to apply for renewal . . . . . 101 11 Applying for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . 101 11A Existing licence taken to be in force while application is being considered . . . . . . . . . . . . . . . . . 102 11B Decision on renewal application . . . . . . . . . . . . . . . . . 102 11C Steps after making decision . . . . . . . . . . . . . . . . . . . . 103 Division 5 Cancellation and suspension of, and other changes to, licences and cancellation of endorsements Subdivision 1 BSA's powers 11D Power to amend, cancel or suspend licence . . . . . . . 103 11E Power to change licence level . . . . . . . . . . . . . . . . . . 103 11F Cancellation of endorsement of licence to act as private certifier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 11G Notice of particular events to interstate licensing authorities and other entities . . . . . . . . . . . . . . . . . . . 104 Subdivision 2 Show cause notice procedure 11H Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 11I Submissions about show cause notice . . . . . . . . . . . 106 11J Decision on proposed action . . . . . . . . . . . . . . . . . . . 106 11K Notice and taking effect of decision . . . . . . . . . . . . . . 106 Division 6 General provisions about licences 11L Register of building certifiers . . . . . . . . . . . . . . . . . . . 106 11M Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 11N Surrendering licence . . . . . . . . . . . . . . . . . . . . . . . . . 108

10 Building and Other Legislation Amendment Bill 2006 11O Obtaining replacement licence . . . . . . . . . . . . . . . . . . 108 11P Obligation of building certifier to give notice of change in particular circumstances . . . . . . . . . . . . . . 108 Division 7 Miscellaneous provisions 11Q Accreditation standards bodies . . . . . . . . . . . . . . . . . 109 11R Function of accreditation standards body. . . . . . . . . . 109 11S Criteria for deciding suitability of applicants and licensees ............................ 110 11T BSA may seek information from applicants about suitability ............................. 110 11U Refund of particular licence fees accompanying applications .......................... 111 11V Appeals to Commercial and Consumer Tribunal about decisions under pt 3 . . . . . . . . . . . . . . . . . . . . . 111 6 Replacement of pt 2A, hdg (Fire safety for budget accommodation buildings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 7 Amendment of pt 2A, div 1 hdg (Interpretation) . . . . . . . . . . . . . . 112 8 Amendment of s 12A (Definitions for pt 2A) . . . . . . . . . . . . . . . . . 112 9 Amendment of pt 2A, div 2 hdg (Fire safety standard) . . . . . . . . . 112 10 Amendment of s 12C (Fire safety standard). . . . . . . . . . . . . . . . . 112 11 Omission of ss 12E and 12F . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 12 Amendment of pt 2A, div 3, hdg (Budget accommodation buildings built, approved or applied for, before 1 January 1992) . 113 13 Amendment of s 12G (Application of div 3) . . . . . . . . . . . . . . . . . 113 14 Amendment of s 12I (Approval of longer period for conformity with fire safety standard) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 15 Amendment of s 12J (Advice as to conformity with fire safety standard) ..................................... 114 16 Omission of s 12K (Appeals about conformity with fire safety standard) ..................................... 114 17 Amendment of s 12L (Stay of operation of local government decision) ...................................... 114 18 Amendment of s 12M (Local government decisions) . . . . . . . . . . 115 19 Amendment of pt 2A, div 4, hdg (All budget accommodation buildings) ..................................... 115 20 Amendment of s 12N (Application of div 4) . . . . . . . . . . . . . . . . . 115 21 Amendment of s 12O (Obligation about fire safety management plan) .............................. 115 22 Omission of s 12Q (Development approval for building work for budget accommodation buildings). . . . . . . . . . . . . . . . . . . . . . 115 23 Amendment of pt 2A, div 5, hdg (Miscellaneous) . . . . . . . . . . . . . 116

11 Building and Other Legislation Amendment Bill 2006 24 Insertion of new ss 12SA and 12SB. . . . . . . . . . . . . . . . . . . . . . . 116 12SA Local government's fire safety record-keeping obligations ........................... 116 12SB Owner's fire safety record-keeping obligation. . . . . . . 116 25 Replacement of pt 3, hdg (Swimming pool fencing) . . . . . . . . . . . 117 26 Amendment of s 12T (Definitions for pt 3) . . . . . . . . . . . . . . . . . . 117 27 Omission of s 13 (Local law for fencing of swimming pools) . . . . 118 28 Amendment of s 16D (Steps to be taken after application decided) ...................................... 118 29 Amendment of s 16E (Revocation of exemption) . . . . . . . . . . . . . 118 30 Insertion of new s 16F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 16F Register of exemptions . . . . . . . . . . . . . . . . . . . . . . . . 119 31 Amendment of s 17 (Advice as to compliance) . . . . . . . . . . . . . . 119 32 Omission of s 20 (Appeals about swimming pool fencing) . . . . . . 120 33 Replacement of pt 4, hdg (Show cause and enforcement notices) .................................... 120 34 Amendment of s 22 (Enforcement notices) . . . . . . . . . . . . . . . . . 120 35 Amendment of s 23 (Specific requirements of enforcement notices) ....................................... 121 36 Amendment of s 24 (Appeals against enforcement notices) . . . . 121 37 Amendment of s 25 (Register of notices given) . . . . . . . . . . . . . . 121 38 Omission of pt 5 (Accreditation and provisions about building certifiers) ..................................... 121 39 Relocation and renumbering of pt 5A (Complaints, investigations and disciplinary proceedings relating to building certifiers) ............................... 121 40 Amendment of s 34 (Building certifier must be advised of complaint) ..................................... 121 41 Amendment of s 34A (BSA may recommend mediation to resolve complaint) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 42 Amendment of s 34B (Mediation process) . . . . . . . . . . . . . . . . . . 122 43 Amendment of s 36 (BSA may require documents to be produced) ..................................... 122 44 Insertion of new ss 36A and 36B . . . . . . . . . . . . . . . . . . . . . . . . . 122 36A Issue of identity card to auditor . . . . . . . . . . . . . . . . . 122 36B Production or display of identity card . . . . . . . . . . . . . 123 45 Amendment of s 38 (Power to enter and inspect building) . . . . . . 123 46 Insertion of new s 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 38A Procedure before entry. . . . . . . . . . . . . . . . . . . . . . . . 124

12 Building and Other Legislation Amendment Bill 2006 47 Amendment of s 40 (Decision after investigation or audit completed) .................................... 124 48 Amendment of s 41B (Representations and decision) . . . . . . . . . 125 49 Amendment of pt 6, hdg (General provisions) . . . . . . . . . . . . . . . 125 50 Omission of s 47 (Giving security in certain cases) . . . . . . . . . . . 125 51 Amendment of s 48 (Information to be supplied by the State) . . . 126 52 Omission of s 49 (Owner liable for offences under Standard Building Regulation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 53 Amendment of s 50 (Prosecution of offences) . . . . . . . . . . . . . . . 126 54 Insertion of new ss 51A to 51C . . . . . . . . . . . . . . . . . . . . . . . . . . 126 51A Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 51B Access to guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . 127 51C Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 55 Amendment of s 52 (Regulation-making power) . . . . . . . . . . . . . 128 56 Omission of s 53 (Day when Standard Building Regulation was made for Statutory Instruments Act 1992) . . . . . . . . . . . . . . . . . . 128 57 Amendment of pt 7, hdg (Savings and transitional provisions) . . 128 58 Amendment of pt 7, div 1, hdg (Transitional provision for Local Government Act 1993) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 59 Amendment of pt 7, div 2, hdg (Transitional provisions for Building and Integrated Planning Amendment Act 1998). . . . . . . 128 60 Amendment of s 55 (References to Standard Building Law etc.). 129 61 Amendment of s 56 (Existing referees) . . . . . . . . . . . . . . . . . . . . 129 62 Amendment of s 57 (Existing registrar) . . . . . . . . . . . . . . . . . . . . 129 63 Amendment of s 58 (Lawfully constructed buildings and structures protected) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 64 Amendment of pt 7, div 3, hdg (Transitional provisions for Building Amendment Act 2003) . . . . . . . . . . . . . . . . . . . . . . . . . . 129 65 Amendment of s 58A (Definitions for div 3) . . . . . . . . . . . . . . . . . 130 66 Amendment of pt 8, hdg (Transitional provisions for Plumbing and Drainage Act 2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 67 Amendment of s 60 (Definitions for pt 8) . . . . . . . . . . . . . . . . . . . 130 68 Amendment of s 61 (Swimming pool fences for existing tourist resort complexes exempted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 69 Insertion of new ch 11, pt 5 and schedule 1. . . . . . . . . . . . . . . . . 131 Part 5 Transitional provisions for Building and Other Legislation Amendment Act 2006 66 Undecided building development applications . . . . . . 131 66A Consequential amendments to the QDC . . . . . . . . . . 131 67 Consequential amendments to code of conduct . . . . 132

13 Building and Other Legislation Amendment Bill 2006 68 Local government building surveying technicians . . . 132 69 Amendment to renumber . . . . . . . . . . . . . . . . . . . . . . 132 70 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 135 Part 3 Amendment of Integrated Planning Act 1997 71 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 72 Amendment of s 1.3.5 (Definitions for terms used in development) .................................. 146 73 Insertion of new s 3.2.2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 3.2.2B Approved operational work for retaining walls required for certain development . . . . . . . . . . . . . . . . 147 74 Amendment of s 3.3.15 (Referral agency assesses application) . 148 75 Amendment of s 3.3.16 (Referral agency's response) . . . . . . . . . 148 76 Amendment of s 3.3.17 How a concurrence agency may change its response) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 77 Amendment of s 3.3.18 (Concurrence agency's response powers) ....................................... 149 78 Amendment of s 3.5.13 (Decision if application requires code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 79 Amendment of s 3.5.15 (Decision notice) . . . . . . . . . . . . . . . . . . 150 80 Amendment of s 4.2.1 (Establishing building and development tribunals) ...................................... 151 81 Amendment of s 4.2.7 (Jurisdiction of tribunals) . . . . . . . . . . . . . 151 82 Replacement of s 4.2.12A (Appeals for plumbing and drainage matters) ...................................... 151 4.2.12A Appeals for building and plumbing and drainage matters .............................. 151 83 Amendment of s 4.3.18 (Proceedings for offences) . . . . . . . . . . . 152 84 Amendment of s 4.3.22 (Proceeding for orders) . . . . . . . . . . . . . 153 85 Omission of ch 5, pt 3 (Private certification). . . . . . . . . . . . . . . . . 153 86 Amendment of s 5.7.2 (Documents local government must keep available for inspection and purchase) . . . . . . . . . . . . . . . . 153 87 Replacement of s 5.7.3 (Documents local government must keep available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . 155 5.7.3 Documents local government must keep available for inspection only. . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 88 Amendment of s 5.7.4 (Documents assessment manager must keep available for inspection and purchase) . . . . . . . . . . . . . . . . 155 89 Amendment of s 5.7.6 (Documents chief executive must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . 157 90 Amendment of s 6.1.1 (Definitions for pt 1) . . . . . . . . . . . . . . . . . 157

14 Building and Other Legislation Amendment Bill 2006 91 Amendment of s 6.1.29 (Assessing applications (other than against the Standard Building Regulation)) ............ 158 92 Amendment of s 6.1.30 (Deciding applications (other than under the Standard Building Regulation) .............. 158 93 Amendment of sch 8 (Assessable development and self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 94 Amendment of sch 8A (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 95 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 159 Part 4 Amendment of Plumbing and Drainage Act 2002 96 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 97 Amendment of s 91 (Applying for chief executive approval). . . . . 161 98 Amendment of s 125 (Restriction on building or installing particular on-site sewerage treatment plant) . . . . . . . . . . . . . . . . 161 99 Amendment of s 128E (Restrictions on operating particular on-site sewerage treatment plant) . . . . . . . . . . . . . . . . . . . . . . . . 161 100 Insertion of new pt 10, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Division 4 Transitional provision for Building and Other Legislation Amendment Act 2006 172 Provisions for chemical, composting or incinerating toilets ..................... 161 Part 5 Amendment of other Acts 101 Amendment of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Schedule Consequential and minor amendments of other Acts . . . . . . 163 Brisbane Markets Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 163 Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Plumbing and Drainage Act 2002. . . . . . . . . . . . . . . . . . . . . . . . . 164 Private Health Facilities Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . 165 Public Health (Infection Control for Personal Appearance Services) Act 2003 ................................. 165 Queensland Building Services Authority Act 1991 . . . . . . . . . . . . 166 Southern Moreton Bay Islands Development Entitlements Protection Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166

2006 A Bill for An Act to amend the Building Act 1975, and for other purposes

s1 16 s4 Building and Other Legislation Amendment Bill 2006 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Building and Other Legislation 4 Amendment Act 2006. 5 Clause 2 Commencement 6 This Act, other than the following provisions, commences on 7 a day to be fixed by proclamation-- 8 � part 4; 9 � section 101 and the schedule to the extent they amend 10 the Plumbing and Drainage Act 2002. 11 Part 2 Amendment of Building Act 12 1975 13 Clause 3 Act amended in pt 2 14 This part amends the Building Act 1975. 15 Clause 4 Replacement of long title 16 Long title-- 17 omit, insert-- 18 `An Act to regulate building development approvals, building 19 work, building classification and building certifiers, and for 20 other purposes'. 21

s5 17 s5 Building and Other Legislation Amendment Bill 2006 Clause 5 Replacement of pts 1 and 2 1 Parts 1 and 2-- 2 omit, insert-- 3 `Chapter 1 Preliminary 4 `Part 1 Introduction 5 `1 Short title 6 `This Act may be cited as the Building Act 1975. 7 `2 Act binds all persons 8 `(1) This Act binds all persons, including the State, and, as far as 9 the legislative power of the Parliament permits, the 10 Commonwealth and the other States. 11 `(2) Nothing in this Act makes the State liable to be prosecuted for 12 an offence. 13 `3 Simplified outline of main provisions of Act 14 `(1) Chapter 2 provides for what building work is assessable 15 development for IPA. 16 `(2) Chapter 3 imposes requirements, in addition to those under 17 IPA, for making a building development application. 18 `(3) Chapter 4-- 19 (a) provides for the laws and other documents for the 20 assessment of building development applications and 21 the carrying out of self-assessable building work; and 22 (b) provides for who is responsible for carrying out building 23 assessment work for building development applications; 24 and 25 (c) regulates the assessment and approval of building 26 development applications. 27 `(4) Chapter 5-- 28

s5 18 s5 Building and Other Legislation Amendment Bill 2006 (a) provides for the giving of final inspection certificates 1 and other inspection documentation for particular 2 buildings; and 3 (b) provides for the giving of certificates of classification 4 for other buildings; and 5 (c) regulates the making of BCA classification changes; and 6 (d) restricts the occupation and use of particular buildings. 7 `(5) Chapter 6-- 8 (a) regulates private certifiers and other building certifiers 9 and the performance of building and private certifying 10 functions; and 11 (b) regulates the engagement of private certifiers; and 12 (c) provides for the licensing of, and complaints, 13 investigations, and disciplinary proceedings against, 14 private certifiers and other building certifiers. 15 `(6) Chapter 7 makes provisions about fire safety for budget 16 accommodation buildings. 17 `(7) Chapter 8 regulates swimming pool fencing. 18 `(8) Chapter 9 provides for the giving of show cause and 19 enforcement notices for particular building work. 20 `Part 2 Interpretation 21 `Division 1 Dictionary 22 `4 Definitions 23 `The dictionary in schedule 2 defines particular words used in 24 this Act. 25

s5 19 s5 Building and Other Legislation Amendment Bill 2006 `Division 2 Key definitions 1 `5 What is building work 2 `(1) Building work is-- 3 (a) building, repairing, altering, underpinning (whether by 4 vertical or lateral support), moving or demolishing a 5 building or other structure; or 6 (b) excavating or filling-- 7 (i) for, or incidental to, the activities mentioned in 8 paragraph (a); or 9 (ii) that may adversely affect the stability of a building 10 or other structure, whether on the land on which 11 the building or other structure is situated or on 12 adjoining land; or 13 (c) supporting, whether vertically or laterally, land for 14 activities mentioned in paragraph (a); or 15 (d) other work regulated under the building assessment 16 provisions, other than IDAS. 17 `(2) For subsection (1)(d), work includes a management procedure 18 or other activity relating to a building or structure even though 19 the activity does not involve a structural change to the 20 building or structure. 21 22 Example-- 23 a management procedure under the fire safety standard relating to a 24 budget accommodation building `5A What is a building development application 25 `A building development application is an application for 26 development approval under IPA to the extent it is for building 27 work. 28 `5B What is building assessment work 29 `Building assessment work is the assessment, under the 30 building assessment provisions, of a building development 31 application for compliance with those provisions. 32

s5 20 s5 Building and Other Legislation Amendment Bill 2006 `5C Who is a building certifier 1 `(1) A building certifier is an individual who, under chapter 6, 2 part 3, is licensed as a building certifier. 3 `(2) A reference to building certifier includes a reference to a 4 private certifier. 5 `(3) In chapter 6, the term also includes a reference to a former 6 building certifier. 7 `5D Private certifiers and their classes 8 `(1) A private certifier is a building certifier whose licence has, 9 under section 10T, private certification endorsement. 10 `(2) A private certifier (class A) is a private certifier whose licence 11 has development approval endorsement. 12 `(3) A private certifier (class B) is a private certifier whose licence 13 does not have development approval endorsement. 14 `5E What is a building certifying function 15 `A building certifying function is doing any of the 16 following-- 17 (a) carrying out building assessment work, other than a part 18 of building assessment work that, under section 6N,1 a 19 concurrence agency may carry out; 20 (b) the giving of a certificate (a compliance certificate) in 21 the approved form that, other than for aspects of 22 building assessment work that under section 6N must be 23 assessed by a concurrence agency, states building work 24 complies with the building assessment provisions; 25 (c) for a building development approval--inspecting the 26 building work to decide whether to certify the work; 27 (d) for building work for a single detached class 1a building 28 or a class 10 building or structure, the giving of-- 29 1 Section 6N (Concurrence agencies may carry out building assessment work within their jurisdiction)

s5 21 s5 Building and Other Legislation Amendment Bill 2006 (i) a certificate in the approved form for the stage of 1 the building work that is after excavation of 2 foundation material and before the footings for the 3 building are laid; and 4 (ii) a certificate (a final inspection certificate) in the 5 approved form for the final stage of the building 6 work; 7 (e) the giving of a certificate of classification for a building 8 or structure of another class. 9 `5F Who is the assessment manager for a building 10 development application 11 `(1) Generally, the assessment manager for a building 12 development application is the assessment manager for the 13 application as defined under IPA, section 3.1.7. 14 `(2) However, if under section 6P a private certifier (class A) is 15 performing functions for the application, the certifier is the 16 assessment manager for the application. 17 `5G What is the Building Code of Australia (or BCA) 18 `(1) The Building Code of Australia (or BCA) is the edition, 19 current at the relevant time, of the Building Code of Australia 20 (including the Queensland Appendix) published by the body 21 known as the Australian Building Codes Board. 22 `(2) A reference to the code includes the edition as amended from 23 time to time by amendments published by the board. 24 `5H What is the Queensland Development Code (or 25 QDC) 26 `(1) The Queensland Development Code (or QDC) is the parts, or 27 aspects of the parts, of the document called `Queensland 28 Development Code' published by the department and stated in 29 schedule 1. 30 `(2) The chief executive may amend the QDC by-- 31 (a) adding another part to it; or 32

s5 22 s5 Building and Other Legislation Amendment Bill 2006 (b) amending or replacing a part, or an aspect of a part, 1 stated in schedule 1 or added under paragraph (a), or any 2 amendment or replacement of the part or aspect. 3 `(3) However, the amendment does not take effect until the chief 4 executive publishes the amendment on the department's 5 website and a regulation approves the amendment. 6 `(4) The regulation must state the day on which the amendment 7 was published. 8 `(5) A reference to the QDC is taken to include any amendment 9 under subsection (2) that has taken effect. 10 `5I When building work complies with the BCA or QDC 11 `(1) This section applies if in this Act there is a reference to 12 building work complying with-- 13 (a) the BCA or QDC; or 14 (b) the building assessment provisions to the extent they 15 include the BCA and QDC. 16 `(2) Building work complies with the BCA or QDC (the code) 17 only if it complies with all relevant performance requirements 18 under the code. 19 `(3) For subsection (2), the building work complies with a relevant 20 performance requirement only if it achieves a relevant 21 building solution under the code for the requirement. 22 `(4) For subsection (3), a relevant building solution is achieved for 23 a performance requirement only by-- 24 (a) complying with the following (the relevant 25 requirement)-- 26 (i) if the code is the BCA--the relevant 27 deemed-to-satisfy provisions under the BCA for 28 the performance requirement; 29 (ii) if the code is the QDC--the relevant acceptable 30 solution under the QDC for the performance 31 requirement; or 32 (b) formulating an alternative solution that-- 33 (i) complies with the performance requirement; or 34

s5 23 s5 Building and Other Legislation Amendment Bill 2006 (ii) is shown to be at least equivalent to the relevant 1 requirement; or 2 (c) a combination of paragraphs (a) and (b). 3 `Division 3 Other references 4 `5J References to changed BCA or QDC provision 5 `Section 14H of the Acts Interpretation Act 1954 applies to a 2 6 reference to the BCA or QDC as if the reference were a 7 reference to a law. 8 `5K Reference in Act to applicants, development, 9 assessment managers, referral agencies, building 10 work or building certifiers 11 `(1) In a provision of this Act about a building development 12 application, a reference to any of the following persons or 13 matters is a reference to the person or matter stated for the 14 referred person or matter-- 15 (a) the applicant--the person who made the application; 16 (b) building work--building work the subject of the 17 application; 18 (c) the building--the building the subject of the application; 19 (d) the development--the development the subject of the 20 application; 21 (e) the assessment manager--the assessment manager for 22 the application; 23 (f) a referral agency, concurrence agency or advice 24 agency--a referral agency, concurrence agency or 25 advice agency for the application; 26 (g) the decision notice--the decision notice for the 27 application. 28 2 Section 14H (References taken to be included in reference to law) of the Acts Interpretation Act 1954

s5 24 s5 Building and Other Legislation Amendment Bill 2006 `(2) In a provision of this Act about a building development 1 approval, a reference to any of the following persons or 2 matters is a reference to the person or matter stated for the 3 referred person or matter-- 4 (a) the applicant--the person who applied for the approval; 5 (b) building work--building work the subject of the 6 approval; 7 (c) the building--the building the subject of the approval; 8 (d) the development--the development the subject of the 9 approval; 10 (e) the building certifier--the building certifier who 11 performed, or is performing, building certifying 12 functions for the relevant building development 13 application or the approval. 14 `(3) In a provision of this Act about a building or building work a 15 reference to any of the following persons or matters is a 16 reference to the person or matter stated for the referred person 17 or matter-- 18 (a) the building development approval--each building 19 development approval to which the building or building 20 work is subject; 21 (b) the assessment manager--the assessment manager for 22 the building development application for the building 23 development approval to which the building or building 24 work is subject. 25 `5L Reference in Act to local government 26 `In a provision of this Act, a reference to a local government, 27 for any of the following matters, means the local government 28 for the area stated for the matter-- 29 (a) a building or proposed building--the area in which the 30 building is, or is proposed to be, situated; 31 (b) building work or other work--the area in which the 32 work is, or is proposed to be, carried out; 33

s5 25 s5 Building and Other Legislation Amendment Bill 2006 (c) a building development application or development 1 approval--the area in which the building work is, or is 2 proposed to be, carried out. 3 `5M Reference to local government includes any other 4 assessment manager under IPA 5 `If-- 6 (a) a provision of this Act about a building development 7 application refers to the local government; and 8 (b) under IPA schedule 8A,3 an entity other than the local 9 government is the assessment manager; 10 the provision applies as if the reference to the local 11 government were a reference to the entity. 12 `5N Reference to a proposed building or structure 13 `In this Act-- 14 (a) a reference to a building or structure includes a 15 reference to a proposed building or structure; and 16 (b) a reference to the owner of a building or structure is a 17 reference to the person who, if the proposed building or 18 structure were completed, would be its owner; and 19 (c) a reference to the use of a proposed building or structure 20 is a reference to its proposed use on its completion. 21 3 IPA, schedule 8A (Assessment manager for development applications)

s5 26 s5 Building and Other Legislation Amendment Bill 2006 `Chapter 2 When building work is 1 assessable, self-assessable 2 or exempt development 3 4 Notes-- 5 1 Under IPA, sections 3.1.4 and 4.3.1 -- 4 6 (a) a development permit is required for assessable development; 7 and 8 (b) subject to some qualifications, a development permit is not 9 required for self-assessable building work or building work 10 that is exempt development. 11 2 Under IPA, schedule 10, assessable development is-- 12 (a) development specified in IPA, schedule 8, part 1; or 13 (b) for a planning scheme area--development that is not 14 specified in IPA, schedule 8, part 1 but is declared under the 15 planning scheme for the area to be assessable development. 16 3 For the stages of IDAS for applying for and obtaining a building 17 development approval, see generally IPA, chapter 3, parts 2 to 5. 18 4 Chapters 3 and 4 contain additional provisions for applying for and 19 obtaining a building development approval or for carrying out 20 self-assessable building work. `5O Building work that is assessable development for IPA 21 `All building work is assessable development, unless-- 22 (a) under section 5Q, it is exempt development; or 23 (b) under section 5P it is self-assessable development; or 24 (c) it is operational work mentioned in IPA, section 3.2.2B.5 25 `5P Building work that is self-assessable for IPA 26 `(1) Building work (self-assessable building work) is declared to 27 be self-assessable for IPA, schedule 8,6 part 2, table 1 if it-- 28 4 IPA, sections 3.1.4 (When is a development permit necessary) and 4.3.1 (Carrying out assessable development without permit) 5 IPA, section 3.2.2B (Approved operational works for retaining walls required for certain developments) 6 IPA, schedule 8 (Assessable development and self-assessable development)

s5 27 s5 Building and Other Legislation Amendment Bill 2006 (a) is prescribed under a regulation; and 1 (b) complies with-- 2 (i) generally--the BCA and QDC; or 3 (ii) if alternative provisions under section 6A apply to 7 4 the building work-- 5 (A) the alternative provisions; and 6 (B) the provisions of the BCA and QDC, other 7 than the QDC boundary clearance and site 8 cover provisions. 9 `(2) Subsection (1) is subject to section 6E.8 10 `5Q Building work that is exempt development for IPA 11 `Building work prescribed under a regulation is declared to be 12 exempt development for IPA, schedule 8, part 1, table 1, item 13 1 and part 2, table 1, item 1. 14 7 Section 6A (Alternative planning scheme provisions to QDC boundary clearance and site cover provisions for particular buildings) 8 Section 6E (Provision for changes to building assessment provisions)

s5 28 s5 Building and Other Legislation Amendment Bill 2006 `Chapter 3 Additional requirements for 1 building development 2 applications 3 4 Note-- 5 For the general requirements for development applications, see IPA, 6 section 3.2.1.9 `Part 1 Requirements for supporting 7 documents 8 `5R Operation of pt 1 9 `This part imposes requirements for documents (supporting 10 documents) that under IPA, section 3.2.1(2)(b),10 are given or 11 required to be given for a building development application. 12 `5S Required information for supporting documents 13 `(1) Each supporting document must-- 14 (a) state the following details of the person who prepared 15 them-- 16 (i) the person's name; 17 (ii) if the person is a designated person--the person's 18 registration or licence number as a designated 19 person; or 20 (b) be accompanied by another document that-- 21 (i) states the information mentioned in paragraph (a); 22 and 23 (ii) identifies each supporting document. 24 `(2) In this section-- 25 designated person means a person who-- 26 9 IPA, section 3.2.1 (Applying for development approval) 10 IPA, section 3.2.1 (Applying for development approval)

s5 29 s5 Building and Other Legislation Amendment Bill 2006 (a) is an architect under the Architects Act 2002; or 1 (b) is a licensed builder; or 2 (c) under the Queensland Building Services Authority Act 3 1991, holds a licence of any of the following classes-- 4 (i) building design--low rise; 5 (ii) building design--medium rise; 6 (iii) building design--open; or 7 (d) is a registered professional engineer under the 8 Professional Engineers Act 2002. 9 `5T General requirements for supporting documents 10 `(1) Each supporting document must on its face demonstrate that 11 the carrying out of the building work will comply with the 12 building assessment provisions, other than IDAS. 13 `(2) Each supporting document must state each of the following-- 14 (a) whether any of the following (a relevant authorisation) 15 is necessary for the application-- 16 (i) the consent of a registered easement or statutory 17 covenant holder mentioned in section 7F(1); 18 (iii) a development permit, preliminary approval or 19 concurrence agency assessment mentioned in 20 section 7X(1);11 21 (b) if the application relates to relevant authorisation that 22 has not lapsed or been withdrawn--how the application 23 is consistent with the authorisation; 24 (c) if-- 25 (i) the application relates to self-assessable 26 development under IPA because it has been 27 declared under a planning scheme to be 28 self-assessable development for IPA; and 29 11 Sections 7F (Land subject to registered easement or statutory covenant) and 7X (General restrictions on granting building development approval)

s5 30 s5 Building and Other Legislation Amendment Bill 2006 (ii) the development may affect the position, height or 1 form of the building work; 2 how the building work is consistent with requirements 3 for the development under the planning scheme; 4 (d) if the application requires site works-- 5 (i) if they are assessable development--how they 6 comply with the building assessment provisions; or 7 (ii) if they are self-assessable building work--their 8 location and type. 9 `5U Requirements if alternative solution used 10 `If an alternative solution is used in the supporting documents, 11 the documents must-- 12 (a) state-- 13 (i) the performance requirements with which the 14 building work purports to comply; and 15 (ii) how the building work complies with the 16 performance requirements; and 17 (b) contain details of-- 18 (i) how the alternative solution is different from the 19 relevant deemed-to-satisfy provisions under the 20 BCA or acceptable solutions under the QDC; and 21 (ii) inspection or test results and other documents or 22 information relied on to prepare the application. 23 `Part 2 Other requirements 24 `5V Application for building work for budget 25 accommodation building 26 `A building development application for a budget 27 accommodation building must be accompanied by a fire 28 safety management plan that will, after the building work is 29

s5 31 s5 Building and Other Legislation Amendment Bill 2006 carried out, comply with the Fire and Rescue Service Act 1 1990, section 104FC.12 2 `5W Application to build swimming pool on residential 3 land must include fencing 4 `A building development application for the construction of a 5 swimming pool on residential land must also be for the 6 construction of fencing for the pool. 7 `5X Application must include required site works 8 `A building development application must include any site 9 works that, under the building assessment provisions, must be 10 carried out as part of or for the development. 11 12 Fire and Rescue Service Act 1990, section 104FC (Meaning of fire safety management plan)

s5 32 s5 Building and Other Legislation Amendment Bill 2006 `Chapter 4 Assessment of building 1 development applications 2 and carrying out 3 self-assessable building 4 work 5 `Part 1 Laws and other documents 6 under which building work 7 must be assessed 8 `Division 1 General provisions about the laws 9 and documents for the assessment 10 `5Y Relevant laws and other documents for assessment 11 of building work 12 `(1) Building assessment work and self-assessable building work 13 must be carried out under the following laws and documents 14 (the building assessment provisions)-- 15 (a) IDAS; 16 (b) chapter 3 and this chapter; 17 (c) the fire safety standard; 18 (d) any provisions of a regulation made under this Act 19 relating to building assessment work or self-assessable 20 building work; 21 (e) any relevant local law, planning scheme provision or 22 resolution made under section 6 or 6A; 23 (f) the BCA; 24 (g) subject to section 6A, the QDC. 25 `(2) However, for any particular building assessment work or 26 self-assessable building work, subsection (1) is subject to-- 27

s5 33 s5 Building and Other Legislation Amendment Bill 2006 (a) how, under this division, the building assessment 1 provisions apply to the work; and 2 (b) any variation of them under division 2. 3 `5Z Building assessment provisions form a code for IDAS 4 `(1) For IPA, each of the building assessment provisions, other 5 than IDAS, is a code for IDAS for the carrying out of building 6 assessment work or self-assessable building work. 7 `(2) However, for any particular building assessment work or 8 self-assessable building work the provisions of each of the 9 codes are subject to-- 10 (a) how, under this division, the provisions apply to the 11 work; and 12 (b) any variation of them under division 2. 13 `(3) For IPA, section 3.1.3(4),13 each code under subsection (1) is a 14 code that can not be changed under a local law, local planning 15 instrument or local government resolution. 16 `(4) Subsection (3) is subject to sections 6 and 6A. 17 `6 Local laws, planning schemes and local 18 government resolutions that may form part of the 19 building assessment provisions 20 `(1) A local government may make or amend-- 21 (a) a local planning instrument that designates, for the BCA 22 or QDC, matters prescribed under a regulation; or 23 24 Example of a matter that may be prescribed-- 25 designated bush fire prone areas for the BCA (b) a provision of a local law or planning scheme or a 26 resolution about an aspect of building work prescribed 27 under a regulation; or 28 29 Examples of aspects that may be prescribed-- 30 swimming pool fencing or land liable to flooding 13 IPA, section 3.1.3 (Code and impact assessment for assessable development)

s5 34 s5 Building and Other Legislation Amendment Bill 2006 (c) alternative provisions under section 6A. 1 `(2) To remove any doubt, it is declared that subsection (1) does 2 not prevent a local government from, under IPA, making or 3 amending a provision in a planning scheme that deals with 4 building work for matters not within the scope of the building 5 assessment provisions. 6 `6A Alternative planning scheme provisions to QDC 7 boundary clearance and site cover provisions for 8 particular buildings 9 `(1) This section applies for work (relevant work) that-- 10 (a) is building assessment work or self-assessable building 11 work; and 12 (b) is for a single detached class 1 building or a class 10 13 building or structure located on the same allotment as a 14 single detached class 1 building. 15 `(2) A planning scheme may include provisions (alternative 16 provisions) that, for relevant work, are alternative or different 17 to the QDC boundary clearance and site cover provisions. 18 `(3) However, a planning scheme may include alternative 19 provisions only if the provisions are a qualitative statement or 20 quantifiable standard. 21 `(4) If there are alternative provisions for relevant work, the QDC 22 boundary clearance and site cover provisions only apply to the 23 extent the alternative provisions do not apply to the work. 24 `(5) Alternative provisions can not be made other than under a 25 planning scheme. 26 `(6) In this section-- 27 qualitative statement means a statement about a performance 28 or outcome sought to be achieved when applicable buildings 29 or structures are completed. 30 quantifiable standard means a standard that achieves a 31 performance or outcome sought under a qualitative statement. 32

s5 35 s5 Building and Other Legislation Amendment Bill 2006 `6B Relationship between IDAS and other building 1 assessment provisions 2 `IDAS applies to building assessment work and 3 self-assessable building work subject to the other building 4 assessment provisions mentioned in section 5Y(1). 5 `6C Relationship between the BCA and the QDC 6 `If the BCA is inconsistent with a part of the QDC, the part 7 prevails to the extent of the inconsistency. 8 `6D When building assessment provisions must 9 be applied 10 `(1) This section applies subject to sections 6E and 7B.14 11 `(2) Building assessment work, other than building assessment 12 work carried out under section 6N,15 must comply with the 13 building assessment provisions in force when the application 14 is approved. 15 `6E Provision for changes to building assessment 16 provisions 17 `(1) This section applies to building work if-- 18 (a) the lawful carrying out of the work starts before a 19 building assessment provision is amended; or 20 (b) the building development approval was given before a 21 building assessment provision is amended, but the work 22 does not start before the amendment commences; or 23 (c) a building development application is made for the work 24 before a building assessment provision is amended, but 25 the application is not decided before the amendment 26 commences; or 27 14 Section 7B (Alterations to safe existing work may be approved on basis of earlier building assessment provisions) 15 Section 6N (Concurrence agencies may carry out building assessment work within their jurisdiction)

s5 36 s5 Building and Other Legislation Amendment Bill 2006 (d) planning for carrying out the work started before a 1 building assessment provision is amended and the 2 building certifier for the building development approval 3 is satisfied that to require the work to be replanned to 4 comply with the amended provision would cause 5 financial hardship to the person for whom the work is to 6 be carried out, having regard to-- 7 (i) the stage the planning has reached; and 8 (ii) the nature of the work; and 9 (iii) the person's means and circumstances. 10 `(2) Despite the amendment, a building development approval for 11 the work may be given if the approval is given under the 12 building assessment provisions in force immediately before 13 the amendment, and IDAS. 14 `(3) For subsection (1)(a) the work is lawfully carried out if it is 15 carried out under the building assessment provisions in force 16 immediately before the amendment. 17 `(4) For subsections (1) and (3), an amendment of the building 18 assessment provisions includes an amendment of a document 19 adopted by, or to which a reference is made in, any of the 20 provisions. 21 `(5) In this section-- 22 building assessment provisions does not include IDAS. 23 `Division 2 Variation of how particular building 24 assessment provisions apply 25 `6F Applying to vary how particular building 26 assessment provision applies 27 `(1) If-- 28 (a) building work is proposed to be carried out, is being 29 carried out or has been carried out; and 30 (b) the building work will not, or does not, comply with a 31 provision of any of the building assessment provisions, 32 other than IDAS; 33

s5 37 s5 Building and Other Legislation Amendment Bill 2006 a person may apply (the variation application) to the chief 1 executive to vary how the provision applies to the building 2 work. 3 `(2) However, the variation application can not be made if the 4 provision permits an assessment manager to exercise 5 discretion about the matter for which the variation is sought. 6 7 Example of a provision mentioned in subsection (2)-- 8 part 316 `(3) The variation application must be made in the approved form 9 and be accompanied by the fee prescribed under a regulation. 10 `6G Applying for fast-track decision 11 `(1) The applicant under the variation application, may, in the 12 application, ask the chief executive to decide the application 13 within 2 business days after making the application. 14 `(2) A request made under subsection (1) must be accompanied by 15 the fee prescribed under a regulation. 16 `(3) The chief executive may grant or refuse the request. 17 `(4) If the chief executive grants the request, the chief executive 18 may, as a condition of granting the request, require the 19 applicant to pay any reasonable additional costs that would be 20 incurred by the chief executive in deciding the variation 21 application within the 2 business days. 22 `6H Effect of variation application on IDAS process 23 `If the variation application is about building work proposed 24 to be carried out for which work a building development 25 application has been made, the process under IDAS for the 26 building development application-- 27 (a) stops on the day the variation application is received by 28 the chief executive; and 29 16 Part 3 (Discretionary matters in the assessment of building development applications)

s5 38 s5 Building and Other Legislation Amendment Bill 2006 (b) starts again the day the chief executive gives the 1 applicant under the variation application notice under 2 section 6K. 3 `6I Deciding variation application 4 `(1) If the building work is being or is to be carried out by or for 5 someone other than the State, the chief executive must consult 6 with the assessment manager about the variation application 7 before deciding it. 8 `(2) The chief executive may consult with any other person about 9 the variation application before deciding it. 10 `(3) After considering the variation application, the chief 11 executive must decide to vary or refuse to vary how the 12 provision applies to the building work. 13 `(4) The chief executive must decide the variation application 14 within 20 business days after the application is made. 15 `6J Criteria for decision 16 `(1) In making the decision the chief executive must consider all 17 relevant matters, including for example-- 18 (a) whether the building work substantially complies with 19 the other building assessment provisions, other than 20 IDAS; and 21 (b) whether compliance with the provision is unnecessary in 22 the particular circumstances; and 23 (c) whether the proposed variation is as effective as, or 24 more effective than, compliance with the provision. 25 `(2) However, the chief executive may vary how the provision 26 applies to the building work only if the chief executive 27 considers the general safety and structural standards of the 28 relevant building or structure would not be at risk. 29 `6K Notice of decision 30 `(1) The chief executive must, within 5 business days after 31 deciding the variation application, give the applicant and the 32

s5 39 s5 Building and Other Legislation Amendment Bill 2006 assessment manager for the building work notice of the 1 decision. 2 `(2) If the decision is to refuse to vary how the provision applies to 3 the building work, the notice must be an information notice. 4 5 Note-- 6 For appeals against a decision for which an information notice must be 7 given under this section, see IPA, section 4.2.12A. `6L Effect of variation 8 `(1) This section applies if the chief executive decides to vary how 9 the provision applies to the building work. 10 `(2) Subject to any appeal against the chief executive's decision, 11 the provision, as varied by the decision, applies to the building 12 work. 13 `(3) An assessment manager must not refuse to approve a building 14 development application to which the chief executive's 15 decision relates only on the ground that the building work 16 does not comply with the provision without the variation. 17 `Part 2 Persons responsible for 18 assessing building 19 development applications 20 `Division 1 Who carries out building 21 assessment work 22 `6M Generally a building certifier must assess 23 `Subject to section 6N, building assessment work must be 24 carried out by a building certifier. 25 `6N Concurrence agencies may carry out building 26 assessment work within their jurisdiction 27 `(1) This section applies if, under IPA, a concurrence agency has 28 jurisdiction for a part of building assessment work. 29

s5 40 s5 Building and Other Legislation Amendment Bill 2006 `(2) Only the concurrence agency may assess the part. 1 `(3) Assessment of the part by the concurrence agency must be 2 done under the building assessment provisions. 3 `(4) Subject to sections 6E and 7B,17 the assessment must be 4 carried out under the building assessment provisions in force 5 when the assessment is made. 6 `(5) If the part is assessing compliance with the fire safety 7 standard, the concurrence agency must appoint or employ a 8 building certifier to carry out the assessment. 9 10 Notes-- 11 1 For a list of the concurrence agencies and the parts of building 12 assessment work that they decide, see IPA Regulation, schedule 2, 13 table 1. 14 2 For the treatment of matters within a concurrence agency's 15 jurisdiction under IPA, see IPA, sections 3.1.8, 3.2.15 to 3.3.18 and 16 3.5.11. `Division 2 Functions of private certifiers 17 `6O Operation of div 2 18 `(1) This division confers functions on private certifiers for 19 building development applications. 20 `(2) The functions are in addition to the building certifying 21 functions that private certifiers may perform as building 22 certifiers. 23 `(3) The additional functions, together with building certifying 24 functions, are private certifying functions. 25 `6P Functions of private certifier (class A) 26 `(1) A private certifier (class A) may-- 27 17 Sections 6E (Provision for changes to building assessment provisions) and 7B (Alterations to safe existing work may be approved on basis of earlier building assessment provisions)

s5 41 s5 Building and Other Legislation Amendment Bill 2006 (a) receive and assess a building development application; 1 and 2 (b) decide the application and grant or refuse the building 3 development approval applied for as if the certifier were 4 the person, who, under IPA, section 3.1.7, is the 5 assessment manager; and 6 (c) decide whether enforcement action under this Act or 7 IPA ought to be taken for a building development 8 approval granted by-- 9 (i) the private certifier (class A); or 10 (ii) another private certifier (class A) employed by the 11 same private certifier employer when the decision 12 to take the enforcement action is made. 13 `(2) For IPA, chapter 4, part 3, divisions 2 and 3,18 a reference to 14 an assessing authority includes a reference to a private 15 certifier (class A) performing functions under subsection 16 (1)(c). 17 `(3) For section 22,19 a reference to a local government includes a 18 reference to a private certifier (class A) performing functions 19 under subsection (1)(c). 20 `(4) However, subsection (1)(c), (2) and (3) apply only until the 21 giving of a final inspection certificate for the building work or 22 a certificate of classification for the building. 23 `(5) To remove any doubt, it is declared that subsection (1)(c), (2) 24 and (3) do not limit the local government's functions or 25 powers under this Act or IPA, chapter 4, part 3, divisions 2 26 and 3. 27 `(6) If-- 28 (a) under this section a private certifier (class A) gives a 29 person an enforcement notice under this Act or IPA; and 30 (b) the person does not comply with the notice; 31 the certifier must ensure the local government is given notice 32 of that fact. 33 18 IPA, chapter 4, part 3, divisions 2 (Show cause notices) and 3 (Enforcement notices) 19 Section 22 (Enforcement notices)

s5 42 s5 Building and Other Legislation Amendment Bill 2006 1 Note-- 2 See also section 9S. 20 `6Q Functions of private certifier (class B) 3 `A private certifier (class B) may-- 4 (a) receive a building development application; and 5 (b) carry out all building assessment work for the 6 application other than in relation to the QDC boundary 7 clearance and site cover provisions. 8 `6R Restrictions on building certifying functions that a 9 private certifier (class B) can perform 10 `(1) A private certifier (class B) can not give a final inspection 11 certificate or certificate of classification. 12 `(2) A private certifier (class B) can only give a compliance 13 certificate about whether building work complies with the 14 BCA or a provision of the QDC, other than the QDC 15 boundary clearance and site cover provisions. 16 `Division 3 Functions of local government 17 `6S Function to act on building development application 18 or development approval unless private certifier 19 (class A) engaged 20 `(1) This section applies if-- 21 (a) a person wishes to make a building development 22 application to the local government; and 23 (b) if the application were made, it would be a properly 24 made application; and 25 (c) a private certifier (class A) is not engaged for the 26 application; and 27 20 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 43 s5 Building and Other Legislation Amendment Bill 2006 (d) if a private certifier (class B) is engaged for the 1 application--the private certifier (class B) has not 2 entered into an agreement mentioned in section 10(3)21 3 for the proposed application. 4 `(2) The local government must do the following-- 5 (a) under IDAS, receive, assess and decide the application; 6 (b) appoint or employ a private certifier or another building 7 certifier to perform building certifying functions for-- 8 (i) the application; and 9 (ii) if the building development approval applied for is 10 granted--the building work. 11 12 Note-- 13 If a private certifier is appointed or employed, the functions can not 14 include private certifying functions that are not also building certifying 15 functions. See section 9Y. `(3) If-- 16 (a) a private certifier (class A) has granted a building 17 development approval; and 18 (b) the engagement of a private certifier to inspect and 19 certify the building work is discontinued; and 20 (c) the building work has not been certified; 21 the local government for the approval must, if asked in writing 22 by the nominated owner of the building, appoint or employ a 23 building certifier to perform building certifying functions for 24 the building work. 25 `(4) This section is subject to sections 5Y and 6T.22 26 `(5) In this section-- 27 nominated owner, of a building, means the person who, under 28 the most recent building development application for the 29 building, was nominated on the approved form under IPA, 30 21 Section 10 (Restriction on engagement of private certifier (class B)) 22 Sections 5Y (Relevant laws and other documents for assessment of building work) and 6T (Restriction on local government issuing building development approval)

s5 44 s5 Building and Other Legislation Amendment Bill 2006 section 3.2.1(2),23 as the person to receive the inspection 1 documentation for building work for the building. 2 `6T Restriction on local government issuing building 3 development approval 4 `The local government for a building development application 5 may issue the building development approval applied for only 6 if-- 7 (a) a local government building certifier has carried out the 8 building assessment work for the application; and 9 (b) the building certifier is appropriately licensed to carry 10 out the building assessment work. 11 `6U Local government may rely on particular 12 compliance certificates and other documents 13 `(1) This section applies if-- 14 (a) a building certifier gives the local government for a 15 building development application (the original 16 application) a compliance certificate or other document; 17 and 18 (b) the certificate or other document was made by or given 19 to the building certifier to carry out building assessment 20 work under the original application. 21 `(2) The local government may, in carrying out functions under 22 this Act for the following, accept and, without further 23 checking, rely and act on the certificate or other document-- 24 (a) the original application; 25 (b) another building development application for all or part 26 of the building work under the original application. 27 `6V Local government may rely on documents private 28 certifier gives it for inspection or purchase 29 `If-- 30 23 IPA, section 3.2.1 (Applying for development approval)

s5 45 s5 Building and Other Legislation Amendment Bill 2006 (a) under this Act, a private certifier gives the local 1 government for a building development application a 2 document; and 3 (b) under IPA, the local government must make the 4 document available for inspection or purchase; 5 the local government may accept and, without further 6 checking, rely and act on the document for the purpose of 7 making it available for inspection or purchase. 8 `Division 4 Power of particular replacement 9 assessment managers to decide 10 status under IDAS 11 `6W Power to decide what stage of IDAS application is to 12 resume or start 13 `(1) This section applies if-- 14 (a) a private certifier (class A) is engaged to assess or 15 decide a building development application; and 16 (b) the engagement is discontinued; and 17 (c) the application has not been decided; and 18 (d) a new private certifier (class A) is engaged for the 19 application. 20 `(2) This section also applies if-- 21 (a) a building development approval lapses under part 7; 22 and 23 (b) the owner of the land to which the approval attached 24 immediately before it lapsed makes a new building 25 development application for all or part of the building 26 work under the lapsed approval. 27 `(3) The assessment manager for the application or new 28 application may resume or start the application process at any 29 stage of IDAS the assessment manager considers appropriate. 30

s5 46 s5 Building and Other Legislation Amendment Bill 2006 `Part 3 Discretionary matters in the 1 assessment of building 2 development applications 3 `6X Building certifier's discretion--BCA 4 `(1) This section applies for a building certifier carrying out 5 building assessment work for a building development 6 application if-- 7 (a) the BCA allows a discretionary decision about a 8 building design or specification for building work; and 9 10 Example of discretionary decision-- 11 the BCA uses the word `suitable' or `adequate' (b) the application proposes the use of the discretion. 12 `(2) The building certifier must-- 13 (a) consider the objectives and functional statements of the 14 BCA in relation to the design or specification; and 15 (b) decide whether the design or specification complies 16 with-- 17 (i) generally--the BCA; or 18 (ii) if, for the application, the BCA is varied under part 19 1, division 224--the BCA as varied. 20 `(3) The building certifier must not make the decision in a way that 21 conflicts with the objectives or functional statements. 22 `6Y Building certifier's or concurrence agency's 23 discretion--QDC 24 `(1) This section applies for a building certifier or concurrence 25 agency carrying out building assessment work for a building 26 development application if-- 27 (a) a part of the QDC applies to the application; and 28 24 Part 1, division 2 (Variation of how particular building assessment provisions apply)

s5 47 s5 Building and Other Legislation Amendment Bill 2006 (b) the part allows a discretionary decision about a building 1 design or specification; and 2 3 Example of discretionary decision-- 4 QDC uses the word `suitable' or `adequate' (c) the application proposes the use of the discretion. 5 `(2) The building certifier or concurrence agency must decide 6 whether the design or specification complies with-- 7 (a) generally--the QDC; or 8 (b) if, for the application, the QDC is varied under part 1, 9 division 2--the QDC as varied. 10 `6Z Survey certificate 11 `(1) A building certifier may, before assessing a building 12 development application, require that a cadastral survey, 13 including a survey commonly called in the surveying 14 profession an identification survey, be carried out to show-- 15 (a) the boundaries of the allotment on which the building 16 work is proposed; and 17 (b) the location of any proposed or existing buildings or 18 structures on the allotment. 19 `(2) The absence of a requirement under subsection (1) does not 20 prevent the requirement being made by a condition of the 21 building development approval, under section 7S. 22 `7 Discretion for building development applications for 23 particular budget accommodation buildings 24 `(1) This section applies to the assessment of a building 25 development application to the extent it is for building work 26 required to ensure the building complies, under section 12H,25 27 with the fire safety standard. 28 25 Section 12H (Owner must ensure building conforms with fire safety standard)

s5 48 s5 Building and Other Legislation Amendment Bill 2006 `(2) The decision on the application may compromise the 1 achievement of the desired environmental outcomes in a 2 relevant planning scheme.26 3 4 Example-- 5 A desired environmental outcome in a relevant planning scheme is that 6 the building does not affect the amenity and aesthetics of the 7 neighbourhood of the building. An external stairway required under the 8 site safety standard does not comply with the outcome. The application 9 may be approved despite the noncompliance. `7A Building certifier may rely on particular compliance 10 certificates and other documents 11 `(1) This section applies if-- 12 (a) a building certifier has given anyone else a compliance 13 certificate or other document; and 14 (b) the certificate or other document made by or given to the 15 building certifier to carry out building assessment work 16 for a building development application (the original 17 application). 18 `(2) Another building certifier may, in carrying out functions 19 under this Act for the following, accept and, without further 20 checking, rely and act on the certificate or other document-- 21 (a) the original application; 22 (b) another building development application for all or part 23 of the building work under the original application. 24 `7B Alterations to safe existing work may be approved 25 on basis of earlier building assessment provisions 26 `(1) This section applies for a building development application 27 if-- 28 (a) the building work is alterations to an existing building or 29 structure; and 30 (b) the building certifier is satisfied the general safety and 31 structural standards of the building or structure would 32 26 See IPA, section 3.5.13(4) (Decision if application requires code assessment)

s5 49 s5 Building and Other Legislation Amendment Bill 2006 not be at risk if the alterations were to be carried out 1 under earlier building assessment provisions. 2 `(2) The building certifier may carry out building assessment work 3 for the application on the basis that the building work is to be 4 carried out under the earlier building assessment provisions. 5 `(3) In this section-- 6 building assessment provisions includes the former Standard 7 Building By-laws and Standard Building Law under this Act 8 and the repealed Standard Building Regulation 1993. 9 earlier building assessment provisions means the building 10 assessment provisions as they were in force at a particular 11 time before the application was made. 12 `Part 4 Requirements for and 13 restrictions on assessing or 14 approving building 15 development applications 16 `7C Requirement to consider any advice agency 17 response 18 `(1) This section applies if, under IPA, an advice agency for a 19 building development application has jurisdiction for a part of 20 building assessment work for the application. 21 `(2) The assessment manager must not approve the application 22 unless IPA, section 3.5.4(2)(b) or 3.5.5(2)(a) has been 23 complied with.27 24 25 Notes-- 26 1 For what are the advice agencies for building development 27 applications and the issues they may advise on, see IPA Regulation, 28 schedule 2, table 1. 29 2 For the treatment of matters within an advice agency's jurisdiction 30 under IPA, see IPA sections 3.1.8, 3.3.15 to 3.3.1 and 3.5.11. 27 IPA section 3.5.4 (Code assessment) or 3.5.5 (Impact assessment)

s5 50 s5 Building and Other Legislation Amendment Bill 2006 `7D Restriction on granting building development 1 application for budget accommodation building 2 If a building development application is for a budget 3 accommodation building, the assessment manager must not 4 approve the application unless the assessment manager is 5 satisfied-- 6 (a) the fire safety management plan accompanying the 7 application complies with the Fire and Rescue Service 8 Act 1990, section 104FC;28 or 9 (b) the building work involves an alternative solution, for 10 performance requirements under the BCA, that includes 11 a fire safety management procedure as a condition of the 12 occupation and use of the building and the fire safety 13 management plan adequately reflects the procedure. 14 `7E Required report before assessing application for 15 temporary building or structure with special fire 16 service 17 `(1) This section applies to a building development application for 18 a temporary building or structure that is proposed to have a 19 special fire service. 20 `(2) Before carrying out building assessment work for the 21 application, the building certifier must obtain from QFRS a 22 report on the suitability of the proposed service. 23 `7F Land subject to registered easement or statutory 24 covenant 25 `(1) This section applies if a building development application is 26 for land subject to-- 27 (a) a registered easement; or 28 (b) a registered statutory covenant for which the registered 29 holder of the covenant is-- 30 (i) the State; or 31 28 Fire and Rescue Service Act 1990, section 104FC (Meaning of fire safety management plan)

s5 51 s5 Building and Other Legislation Amendment Bill 2006 (ii) a statutory body representing the State; or 1 (iii) a local government. 2 `(2) The assessment manager must not approve the application 3 unless each registered holder of the easement or covenant has 4 consented to the building work. 5 `(3) In this section-- 6 registered means registered under the Land Act 1994 or Land 7 Title Act 1994. 8 `7G Special structures 9 `(1) This section applies to a building development application for 10 a building that, under section 9G, is classified as a special 11 structure. 12 `(2) The assessment manager must not approve the application 13 unless the special structure-- 14 (a) complies with the building assessment provisions; and 15 (b) reasonably provides for all of the following-- 16 (i) the safety of persons using the structure if there is a 17 fire (including, for example, means of egress); 18 (ii) the prevention and suppression of fire; 19 (iii) the prevention of the spread of fire; 20 (iv) the health and amenity of persons using the 21 structure. 22 `7H Temporary building or structure that does not 23 comply with other building assessment provisions 24 `(1) This section applies to a building development application for 25 a temporary building or structure that, apart from this section, 26 would not comply with the building assessment provisions. 27 `(2) The assessment manager must not approve the application 28 unless subsections (3) and (4) have been complied with. 29 `(3) The building certifier must have decided that the temporary 30 building or structure-- 31

s5 52 s5 Building and Other Legislation Amendment Bill 2006 (a) is structurally sound and capable of withstanding the 1 loadings likely to arise from its use; and 2 (b) reasonably provides for all of the following-- 3 (i) the safety of persons to be accommodated in the 4 building or structure if there is a fire (including, for 5 example, means of egress); 6 (ii) the prevention and suppression of fire; 7 (iii) the prevention of the spread of fire; 8 (iv) the health and amenity of persons to be 9 accommodated in the building or structure. 10 `(4) The approval must include a condition that-- 11 (a) limits the period during which the temporary building or 12 structure may remain in place; and 13 (b) requires removal or demolition of the temporary 14 building or structure at the end of the period. 15 `7I Particular alterations not permissible 16 `(1) This section applies to a building development application for 17 alterations to an existing building or structure. 18 `(2) However, this section does not apply if-- 19 (a) the alterations are for a budget accommodation building, 20 to which chapter 7, part 3,29 applies; and 21 (b) the purpose of the alterations is to ensure the building or 22 structure complies with the fire safety standard. 23 `(3) The assessment manager must not approve the application 24 unless the building certifier has decided the alterations do not 25 unduly reduce the following-- 26 (a) the existing level of fire protection for persons 27 accommodated in, or using, the building or structure; 28 (b) the existing level of resistance to fire of the building or 29 structure; 30 29 Chapter 7 (Fire safety for budget accommodation buildings), part 3 (Budget accommodation buildings built, approved or applied for, before 1 January 1992)

s5 53 s5 Building and Other Legislation Amendment Bill 2006 (c) the existing safeguards against spread of fire to 1 adjoining buildings or structures; 2 (d) the existing level of emergency egress from the building 3 or structure. 4 `Part 5 Conditions of building 5 development approvals 6 7 Note-- 8 For general provisions about conditions of development approvals, see 9 IPA, chapter 3, part 5, division 6.30 `Division 1 Conditions taken to be imposed 10 `7J Operation of div 1 11 `(1) This division imposes restrictions and obligations for 12 particular building development approvals. 13 `(2) The restrictions and obligations are taken to be conditions of 14 building development approvals to which they relate. 15 `(3) This division does not limit the conditions that may be 16 imposed under IPA. 17 `(4) If a provision of this division applies to a building 18 development approval, the condition provided for under the 19 provision (an imposed condition) is taken to-- 20 (a) have been imposed on the approval; and 21 (b) be relevant and reasonable for IPA, section 3.5.30. 22 `(5) IPA, sections 3.5.33 and 3.5.33A do not apply to an imposed 23 condition.31 24 30 IPA, chapter 3, part 5, division 6 (Conditions) 31 IPA, sections 3.5.30 (Conditions must be relevant or reasonable), 3.5.33 (Request to change or cancel conditions) and 3.5.33A (When condition may be changed or cancelled by assessment manager or concurrence agency)

s5 54 s5 Building and Other Legislation Amendment Bill 2006 `(6) If there is a conflict between an imposed condition and 1 another condition of a building development approval, the 2 imposed condition prevails to the extent of the inconsistency. 3 `7K Engineering drawings 4 `(1) This section applies if-- 5 (a) supporting documents for a building development 6 application are in the form of engineer's drawings or 7 other engineering details; and 8 (b) the drawings or details were not included with the 9 application; and 10 (c) the application is approved. 11 `(2) Work on any footings for the building work must not start 12 until the drawings and details for the footings have been 13 approved by the building certifier. 14 `(3) A stage of the building work must not be started until the 15 drawings and details for the stage have been approved by the 16 building certifier. 17 `7L When demolition, removal and rebuilding must start 18 and be completed 19 `(1) This section applies to a building development approval for 20 building work to-- 21 (a) demolish or remove a building or structure; or 22 (b) rebuild, after removal, a building or structure. 23 `(2) The building work must substantially start within 2 months 24 after the giving of the approval. 25 `(3) Within 6 months after the giving of the approval-- 26 (a) the building work must be completed; and 27 (b) if the building work is rebuilding, after removal, of a 28 building or structure, either-- 29 (i) if, under the approval or a regulation, the building 30 work must be inspected, a final inspection showing 31

s5 55 s5 Building and Other Legislation Amendment Bill 2006 that the building work complies with the approval 1 or regulation is carried out; or 2 (ii) under chapter 5, a certificate of classification must 3 be given for the building. 4 `(4) The condition under subsection (3) is the demolition/removal 5 completion condition. 6 `7M Building work in erosion prone area 7 `(1) This section applies to a building development approval for an 8 erosion prone area under the Coastal Protection and 9 Management Act 1995. 10 `(2) All material excavated from land for the building work must 11 be placed, levelled and stabilised against wind erosion-- 12 (a) on the land seaward of the building or structure; or 13 (b) at another location, stated in the approval, within the 14 erosion prone area. 15 `(3) If the building work includes the erection or alteration of a 16 roof drainage system or stormwater drain for the building or 17 other structure, the system or drain must not be erected or 18 altered in a way that is likely to cause erosion of the area. 19 `(4) However, the conditions under subsections (2) and (3) do not 20 apply if the approval states that the person carrying out the 21 building assessment work for the application is satisfied the 22 conditions are not necessary for coastal management, 23 including, in particular, the prevention of erosion or tidal 24 inundation. 25 `7N Obligation to make current drawing available for 26 inspection 27 `The applicant for a building development approval must 28 ensure 1 legible set of the current drawings for the building is, 29 while the building work is being carried out, available for 30 inspection by anyone who, under an Act, is entitled to inspect 31 the relevant building site. 32

s5 56 s5 Building and Other Legislation Amendment Bill 2006 `7O Inspection and testing of special fire service 1 installation 2 `(1) This section applies to a building development approval for a 3 building served by a special fire service. 4 `(2) The person installing the service must-- 5 (a) give QFRS-- 6 (i) while the installation of the service is being carried 7 out but before it is finished--a notice to inspect the 8 installation; and 9 (ii) after the installation of the service but before 10 interior surface finishes are applied--a notice to 11 test the service; and 12 (b) give a copy of the notices to the assessment manager 13 when they are given to QFRS. 14 `(3) QFRS may inspect and test the building work only about 15 special fire services. 16 `7P Earthworks and retaining walls 17 `If soil conditions, ground levels, excavation or filling make it 18 necessary to protect land, buildings or structures in the 19 neighbourhood of building work-- 20 (a) retaining walls must be built, or other suitable methods 21 used, to prevent soil movement; and 22 (b) drainage of the land, buildings or structures must be 23 provided. 24 `7Q Drainage of buildings or land 25 `If a building development approval permits a building or land 26 to be drained, the drainage must be carried out in a way that 27 protects land, buildings and structures in the neighbourhood 28 of the building or land. 29

s5 57 s5 Building and Other Legislation Amendment Bill 2006 `7R Building work over existing sanitary drainage 1 `Building work over or adjacent to existing sanitary drainage 2 must comply with the Standard Plumbing and Drainage 3 Regulation. 4 `Division 2 Conditions that may be imposed 5 `7S Survey certificate 6 `(1) A building development approval may include a condition 7 that the building certifier must be given a cadastral survey, 8 including a survey commonly called in the surveying 9 profession an identification survey, showing-- 10 (a) the boundaries of the allotment; and 11 (b) the actual location of the building or structure on the 12 allotment. 13 `(2) A survey under subsection (1) must be given-- 14 (a) as soon as the actual location of the building or structure 15 on the allotment can be established; or 16 (b) at a later time the building certifier allows. 17 `7T Hazardous buildings 18 `(1) This section applies to a building development approval for a 19 class 5, 6, 7 or 8 building-- 20 (a) with a total floor area greater than 36000m2; or 21 (b) for which the building certifier considers special 22 provision should be made to restrict or combat the 23 spread of fire within or from the building because of the 24 purpose or purposes for which the building is being or is 25 to be used. 26 `(2) The building development approval may include conditions 27 the building certifier considers appropriate about restricting or 28 combating the spread of fire in or from the building. 29 `(3) However, the conditions may be imposed only if the building 30 certifier has consulted QFRS about their appropriateness. 31

s5 58 s5 Building and Other Legislation Amendment Bill 2006 `7U Alterations to unsafe existing work 1 `(1) This section applies to a building development approval if-- 2 (a) the building work is alterations to an existing building or 3 structure; and 4 (b) the building certifier decides the building or structure is 5 unsafe or structurally unsound. 6 `(2) The building development approval may include a condition 7 that all, or a stated part, of the building or structure must 8 comply with the building assessment provisions in force-- 9 (a) when the approval was granted; or 10 (b) at another stated time that the building certifier 11 considers will ensure the building or structure is made 12 safe and structurally sound. 13 `7V Building development approval for particular 14 alterations may require existing building or structure 15 to comply with building assessment provisions 16 `(1) This section applies to a building development approval for 17 alterations to an existing building or structure if-- 18 (a) the total of the following represents more than half the 19 total volume of the existing building or structure, 20 measured over its roof and external walls-- 21 (i) the alterations; 22 (ii) any previous structural alterations to it approved or 23 completed in the previous 3 years; or 24 (b) the building certifier has decided the alterations pose a 25 risk-- 26 (i) to the safety of persons accommodated in or using 27 the building or structure; or 28 (ii) of spreading fire to adjoining buildings or 29 structures. 30 `(2) However, this section does not apply if-- 31

s5 59 s5 Building and Other Legislation Amendment Bill 2006 (a) the alterations are for a budget accommodation building, 1 to which chapter 7, part 3,32 applies; and 2 (b) the purpose of the alterations is to ensure the building or 3 structure complies with the fire safety standard. 4 `(3) The building development approval may include a condition 5 that all, or a stated part, of the existing building or structure 6 must comply with all or a stated part of the building 7 assessment provisions as if it were a new building or structure. 8 `(4) This section does not limit chapter 5, part 3.33 9 `Part 6 Regulation of building 10 assessment work and the 11 issuing of building 12 development approvals by 13 private certifiers 14 `7W Application of pt 6 15 `This part applies if, under section 6P,34 a private certifier 16 (class A) is assessing a building development application or 17 deciding and issuing the decision notice. 18 `7X General restrictions on granting building 19 development approval 20 `(1) The private certifier must not grant the building development 21 approval applied for-- 22 (a) if the building development application includes 23 development other than building work--until, under 24 IPA, all necessary development permits are effective for 25 the other development; and 26 32 Chapter 7 (Fire safety for budget accommodation buildings), part 3 (Budget accommodation buildings built, approved or applied for, before 1 January 1992) 33 Section 7I (Particular alterations not permissible) Chapter 5, part 3 (Changes to BCA classification). 34 Section 6P (Functions of private certifier (class A))

s5 60 s5 Building and Other Legislation Amendment Bill 2006 1 Example-- 2 A proposal involves building work, a material change of use and 3 reconfiguring a lot, under IPA. The private certifier is engaged to 4 carry out the building assessment work and decide the building 5 development application. The application must not be decided 6 until all necessary development permits are effective for the 7 change of use and reconfiguring of the lot. (b) until all necessary preliminary approvals under IPA are 8 effective for other assessable parts of the development; 9 and 10 11 Example-- 12 A proposal requires building assessment work against a planning 13 scheme under IPA and the building assessment provisions. The 14 private certifier is engaged to carry out the building assessment 15 work and decide the building development application. The 16 application must not be decided until all necessary preliminary 17 approvals are effective for the assessment of the building work 18 against the planning scheme. (c) until the building assessment work for the application 19 has been carried out under the building assessment 20 provisions; and 21 (d) if, under IPA, a concurrence agency has jurisdiction for 22 a part of building assessment work-- 23 (i) that part has been assessed by the concurrence 24 agency, under the building assessment provisions; 25 and 26 (ii) if the concurrence agency is the local 27 government--any security it has required for the 28 carrying out of the building work has been given; 29 and 30 (e) if proposed works relating to the development include 31 installing or changing on premises an on-site sewerage 32 facility under the Plumbing and Drainage Act 33 2002--until a compliance permit under that Act has 34 been given for the installation or change; and 35 (f) if the building work is over or adjacent to a sewer or 36 water main--until consent under the Water Act 2000, 37

s5 61 s5 Building and Other Legislation Amendment Bill 2006 section 823 has been granted for the work to be over or 1 adjacent to the sewer or water main. 2 Maximum penalty--165 penalty units. 3 `(2) For subsection (1)(f), building work over or adjacent to a 4 sewer includes building work in which the offset of the 5 nearest point of the work from the centre line of the sewer is a 6 distance less than the depth to the invert of the sewer. 7 `(3) If the private certifier receives the application before all other 8 assessments for permits and approvals mentioned in 9 subsection (1) are completed, for timings under IDAS, the 10 application is taken not to have been received until the day all 11 other assessments under IDAS have been completed. 12 `(4) This section does not limit part 4.35 13 `7Y Approval must not be inconsistent with particular 14 earlier approvals or self-assessable development 15 `(1) The private certifier must not approve the application if-- 16 (a) the building development application relates to an 17 earlier development approval granted by the local 18 government; and 19 (b) the earlier approval has not lapsed; and 20 (c) the application is inconsistent with the earlier approval. 21 Maximum penalty--165 penalty units. 22 `(2) Also, the private certifier must not approve the application 23 if-- 24 (a) the building development application relates to 25 self-assessable development under IPA; and 26 (b) the development may affect the position, height or form 27 of building work; and 28 (c) a local planning instrument declared the development to 29 be self-assessable development; and 30 35 Part 4 (Requirements for and restrictions on assessing or approving building development applications)

s5 62 s5 Building and Other Legislation Amendment Bill 2006 (d) the application is inconsistent with the local planning 1 instrument. 2 Maximum penalty--165 penalty units. 3 `7Z Additional requirement for decision notice 4 `The private certifier must, when issuing the decision notice, 5 include in the notice details of any self-assessable code under 6 IPA that the applicant may need to comply with for the 7 building work. 8 `8 Requirements on approval of application 9 `(1) If the private certifier approves the application, the certifier 10 must-- 11 (a) within 5 business days, give the local government a 12 copy of each of the following documents, identified in 13 the way stated in subsection (2)-- 14 (i) the application; 15 (ii) the approval documents for the application; and 16 (b) give the local government the approved form for the 17 documents mentioned in paragraph (a); and 18 (c) pay the fee fixed by the local government under the 19 Local Government Act 1993, section 1071A(1)(e) for 20 accepting the application and the approval documents. 21 Maximum penalty--40 penalty units. 22 `(2) For subsection (1)(a), the documents must be identified by-- 23 (a) marking each of them as documents that relate to the 24 application and that have been approved by the private 25 certifier; or 26 (b) giving them to the local government with another 27 document that-- 28 (i) identifies each of the documents; and 29 (ii) states their edition number, if any; and 30 (iii) states that they relate to the application and that 31 they have been approved by the private certifier. 32

s5 63 s5 Building and Other Legislation Amendment Bill 2006 1 Note-- 2 Under IPA, section 5.7.4, the local government must make the 3 documents required to be given to it under this section available for 4 public inspection and purchase. `8A Local government acknowledgement 5 `The local government must, when the private certifier 6 complies with section 8(1), immediately give the certifier a 7 document acknowledging the fee mentioned in subsection 8 8(1)(c) has been received. 9 `8B When applicant is to be given the approval 10 documents 11 `(1) This section applies only if the private certifier approves the 12 application. 13 `(2) The private certifier must not give the applicant any of the 14 approval documents for the application until the certifier has 15 received the acknowledgment under section 8A from the local 16 government. 17 Maximum penalty--50 penalty units. 18 `(3) The private certifier must give the applicant the approval 19 documents within 5 business days after receiving the 20 acknowledgement. 21 22 Note-- 23 See also section 9S.36 36 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 64 s5 Building and Other Legislation Amendment Bill 2006 `Part 7 Provisions about lapsing of 1 building development 2 approvals and related matters 3 `Division 1 Building work for demolition or 4 removal 5 `8C Application of div 1 6 `This division applies to a building development approval for 7 building work to which the demolition/removal completion 8 condition applies. 9 `8D Relevant period under IPA, s 3.5.21 for 10 development approval 11 `(1) For IPA, the period under the demolition/removal completion 12 condition is taken to be the relevant period under IPA, section 13 3.5.2137 for the development approval. 14 `(2) The period can not be extended under IPA. 15 `8E Lapsing of building development approval 16 `(1) This section applies despite IPA section 3.5.21. 17 `(2) The building development approval lapses if the 18 demolition/removal completion condition has not been 19 complied with by the end of the period under the 20 demolition/removal completion condition. 21 `(3) However, if section 8F applies, the approval does not lapse 22 until the local government decides not to take any action 23 under that section. 24 37 IPA, section 3.5.21 (When approval lapses)

s5 65 s5 Building and Other Legislation Amendment Bill 2006 `8F Local government may complete particular work if 1 condition not complied with 2 `(1) This section applies if the building development approval 3 lapses and the building work is other than demolition. 4 `(2) The local government may take the action it considers 5 necessary to complete the building work. 6 `(3) If the local government takes action under subsection (2), 7 until the local government completes the action-- 8 (a) the approval is taken not to have lapsed; and 9 (b) the local government is taken to be the person entitled to 10 the benefit of the approval. 11 `(4) The action is taken to have been authorised under the 12 approval. 13 `(5) In taking the action the local government may use all or part 14 of any security given to it for the carrying out of the building 15 work. 16 `8G Releasing security 17 `(1) The local government may at any time, having regard to the 18 progress of the building work, refund or release part of any 19 security given to it for the carrying out of the building work. 20 `(2) The local government must release all or any remaining part 21 of the security if-- 22 (a) the demolition/removal completion condition is 23 complied with; or 24 (b) the building development approval lapses. 25 `Division 2 Other building work 26 `8H Application of div 2 27 `(1) This division applies if a condition of a building development 28 approval requires the development, or an aspect of the 29 development, to be completed by a particular time (the 30 condition time). 31

s5 66 s5 Building and Other Legislation Amendment Bill 2006 `(2) However, this division does not apply to a building 1 development approval for building work to which the 2 demolition/removal completion condition applies. 3 4 Note-- 5 For general provisions about when a development approval lapses, what 6 conditions may be imposed and when a condition of a building 7 development approval may be amended, see IPA, chapter 3, part 5, 8 divisions 5 and 6. `8I Reminder notice requirement for lapsing 9 `(1) Despite IPA, chapter 3, part 5, divisions 5 and 6 and the 10 condition, the approval only lapses if-- 11 (a) the assessment manager has, under this section, given 12 the owner of the building a reminder notice about the 13 lapsing; and 14 (b) the time (the lapsing time) chosen by the assessment 15 manager and stated in the reminder notice for the 16 completion of the development or aspect has passed; 17 and 18 (c) the development or aspect was not completed before the 19 lapsing time. 20 `(2) The lapsing time may be after, but must not be before, the 21 condition time. 22 `(3) The reminder notice must-- 23 (a) be given no more than 6 months, but at least 3 months, 24 before the lapsing time; and 25 (b) state each of the following-- 26 (i) the condition; 27 (ii) the lapsing time; 28 (iii) that the approval will lapse unless the development 29 or aspect is completed by the lapsing time; 30 (iv) that if, under IPA, the relevant period under IPA, 31 section 3.5.2138 for the building development 32 38 IPA, section 3.5.21 (When approval lapses)

s5 67 s5 Building and Other Legislation Amendment Bill 2006 approval is extended past the lapsing time stated in 1 the notice the lapsing time will, under subsection 2 (4), be taken to be when the extended period ends. 3 `(4) Only 1 reminder notice may be given under this section. 4 `(5) Subject to section 8J, the assessment manager can not change 5 the lapsing time. 6 `8J Extension of lapsing time because of application to 7 extend relevant period under IPA, s 3.5.21 8 `(1) This section applies if-- 9 (a) a reminder notice has been given under section 8I; and 10 (b) before the lapsing time stated in the notice, a request is 11 made under IPA to extend the relevant period under IPA, 12 section 3.5.21 for the relevant building development 13 approval. 14 `(2) For section 8I-- 15 (a) the lapsing time is taken to have been extended until the 16 request has been decided; and 17 (b) if the relevant period is extended past the lapsing time 18 stated in the notice, the lapsing time is taken to be when 19 the extended period ends. 20 `8K Restriction on private certifier (class A) extending 21 relevant period under IPA, s 3.5.21 more than once 22 `(1) This section applies if the assessment manager is a private 23 certifier (class A) and, under IPA, the relevant period under 24 IPA, section 3.5.2139 for the building development approval 25 has already been extended. 26 `(2) The private certifier may further extend the period only if the 27 private certifier has consulted with the local government. 28 `(3) Subsection (2) applies despite IPA chapter 3, part 5, divisions 29 5 and 6. 30 39 IPA, section 3.5.21 (When approval lapses)

s5 68 s5 Building and Other Legislation Amendment Bill 2006 `Chapter 5 Inspections, building 1 classification and the use of 2 buildings 3 `Part 1 Giving of inspection 4 documentation for single 5 detached class 1a buildings 6 and class 10 buildings or 7 structures 8 `8L Application of pt 1 9 `This part applies to a building certifier for a building 10 development approval who is a local government building 11 certifier or a private certifier (class A), if the building is-- 12 (a) a single detached class 1a building; 13 (b) a class 10 building or structure. 14 `8M Obligation to give owner inspection documentation 15 on final inspection 16 `(1) This section applies if at the inspection of the final stage of 17 building work, the building certifier is satisfied, on an 18 inspection carried out under best industry practice, that the 19 work complies with the building development approval. 20 21 Note-- 22 There is a right of appeal to a building and development tribunal against 23 a decision by a building certifier about inspection of building work the 24 subject of a building development approval. See section 9K and IPA, 25 section 4.2.12A.40 40 Section 9K (Building certifier's obligation to give information notice about particular decisions) and IPA, section 4.2.12A (Appeals for building and plumbing and drainage matters)

s5 69 s5 Building and Other Legislation Amendment Bill 2006 `(2) The building certifier must ensure the owner of the building is, 1 within the required period, given-- 2 (a) a final inspection certificate for the building work; and 3 (b) a copy of any other inspection documentation for 4 inspection of the building work. 5 Maximum penalty--40 penalty units. 6 `(3) In this section-- 7 required period means the period that ends 5 business days 8 after-- 9 (a) if the inspection documentation includes any certificates 10 relied on by the building certifier--the certifier accepts 11 the certificates; or 12 (b) otherwise--all of the building work is inspected. 13 `Part 2 Certificates of classification for 14 other buildings 15 `Division 1 Preliminary 16 `8N Application of pt 2 17 `This part applies to a building certifier for a building 18 development approval who is a local government building 19 certifier or a private certifier (class A), unless the building 20 is-- 21 (a) a single detached class 1a building; 22 (b) a class 10 building or structure. 23 `8O Meaning of substantially completed 24 `(1) A building has been substantially completed when-- 25 (a) all wet areas are waterproof as required under the 26 building assessment provisions; and 27

s5 70 s5 Building and Other Legislation Amendment Bill 2006 (b) reticulated water is connected to and provided 1 throughout the building; and 2 (c) all sanitary installations are installed as required under 3 the building assessment provisions; and 4 (d) the local government has issued a compliance certificate 5 under the Plumbing and Drainage Act 2002 stating the 6 plumbing work, drainage work and on-site sewerage 7 work for the building has been completed under that 8 Act; and 9 (e) all fire safety installations are operational and installed 10 as required under the building assessment provisions; 11 and 12 (f) all health and safety matters relating to the building 13 comply with the building assessment provisions; and 14 (g) electricity supply is connected to the building to the 15 extent necessary for it to be used under the BCA 16 classification sought; and 17 (h) the building is weatherproof as required under the 18 building assessment provisions; and 19 (i) the building is structurally adequate as required under 20 the building assessment provisions; and 21 (j) all means of access and egress to the building comply 22 with the building assessment provisions; and 23 (k) if the relevant development approval includes conditions 24 advised or required by a referral agency and the 25 conditions are about the building work for the 26 building--the conditions have been complied with. 27 `(2) In this section-- 28 building includes alterations to all or part of an existing 29 building. 30

s5 71 s5 Building and Other Legislation Amendment Bill 2006 `Division 2 Giving of certificate 1 `8P Obligation to give certificate of classification on 2 inspection after particular events 3 `(1) This section applies if-- 4 (a) the building certifier has inspected the building and-- 5 (i) decided that it has been substantially completed; or 6 (ii) given written consent to the occupation of part of 7 the building before all of it has been substantially 8 completed; or 9 (iii) if the development is alterations to an existing 10 building--decided that they have been 11 substantially completed; and 12 (b) if there is any fire safety installation installed in the 13 building--the applicant has given the building 14 certifier-- 15 (i) a list of all of the installations; and 16 (ii) drawings showing their location; and 17 (c) any requirement under the building assessment 18 provisions or a condition of the building development 19 approval for a referral agency inspection of the building 20 has been complied with or has ceased to apply. 21 `(2) The building certifier must, as soon as practicable, ensure the 22 owner of the building is given a certificate of classification by 23 a building certifier that complies with the requirements under 24 section 8Q for a certificate of classification (the certificate 25 requirements). 26 Maximum penalty--20 penalty units. 27 `(3) If a requirement mentioned in subsection (1)(c) applies, the 28 certificate must not be given until the requirement has been 29 complied with or it has ceased to apply. 30 31 Notes-- 32 1 There is a right of appeal to a building and development tribunal 33 against a decision by a building certifier to whom this part applies 34 not to give a certificate of classification because the relevant

s5 72 s5 Building and Other Legislation Amendment Bill 2006 1 building has not been substantially completed. See section 9K and 2 IPA, section 4.2.12A.41 3 2 See also section 9S.42 `8Q Certificate requirements 4 `A certificate of classification must-- 5 (a) be signed in the approved form; and 6 (b) state the building's classification, having regard to the 7 use for which it was designed, built or adapted; and 8 (c) if a part of the building is classified differently to 9 another part--state the part to which each classification 10 relates; and 11 (d) if the development uses a building solution under the 12 BCA and the solution restricts the use or occupation of 13 the building--state the restriction; and 14 (e) if the development uses an alternative solution--list the 15 performance requirements that have been used. 16 `8R Interim certificate if building is remote 17 `(1) This section applies if, because of the remoteness of the 18 building's location, it is not practicable for the building 19 certifier to inspect the building to decide whether it has been 20 substantially completed. 21 `(2) The building certifier may give the owner of the building an 22 interim certificate of classification for the building pending 23 the carrying out of the inspection. 24 `(3) The interim certificate must-- 25 (a) comply with the certificate requirements; and 26 41 Section 9K (Building certifier's obligation to give information notice about particular decisions) and IPA, section 4.2.12A (Appeals for building and plumbing and drainage matters) 42 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 73 s5 Building and Other Legislation Amendment Bill 2006 (b) state that it is an interim certificate; and 1 (c) state when it will expire under subsection (5). 2 `(4) The interim certificate may be based on information given to 3 the building certifier by or for the owner of the building. 4 `(5) The interim certificate expires when the earlier of the 5 following happens-- 6 (a) the inspection is carried out and the owner is, under 7 section 8P43 given a certificate of classification; 8 (b) the end of 6 months after the interim certificate is given; 9 (c) its cancellation by the building certifier. 10 `(6) For subsection (5)(c), the interim certificate may be cancelled 11 only on the ground that the basis on which it was issued was 12 incorrect. 13 `8S Certificates for a building occupied in stages 14 `(1) This section applies if-- 15 (a) the building is unfinished; and 16 (b) its owner has been given a certificate of classification 17 for part of it; and 18 (c) the building certifier has consented to the occupation of 19 a further part of the building. 20 `(2) The building certifier must ensure the owner is given a further 21 certificate of classification for the further part. 22 `(3) The further certificate must comply with the certificate 23 requirements. 24 25 Note-- 26 See also section 9S.44 43 Section 8P (Obligation to give certificate of classification on inspection after particular events) 44 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 74 s5 Building and Other Legislation Amendment Bill 2006 `Division 3 Miscellaneous provisions about 1 certificates of classification 2 `8T Term of certificate of classification 3 `A certificate of classification for the building, other than an 4 interim certificate given under section 8R, continues in force 5 until and unless it is replaced under section 9.45 6 `8U Building certifier's obligation to give referral agency 7 certificate and other documents 8 `(1) This section applies if-- 9 (a) under a building development approval a referral agency 10 must be given a notice to inspect a building; and 11 (b) a building certifier gives a certificate of classification for 12 the building. 13 `(2) The building certifier must, within 10 business days after 14 giving the certificate, give the referral agency-- 15 (a) a copy of the certificate; and 16 (b) a copy of plans and specifications showing the aspects 17 of the completed building work within the agency's 18 jurisdiction other than plans and specifications given to 19 the agency under IPA, section 3.5.15(5); and 20 (c) if the agency is QFRS-- 21 (i) a list of all fire safety installations installed in the 22 building; and 23 (ii) drawings showing the location of the fire safety 24 installations. 25 Maximum penalty--40 penalty units. 26 45 Sections 8R (Interim certificate if building is remote) and 9 (Obligation of building certifier approving BCA classification change to give new certificate of classification)

s5 75 s5 Building and Other Legislation Amendment Bill 2006 `8V Additional obligations if certificate of classification 1 given by private certifier (class A) 2 `If a private certifier (class A) gives a certificate of 3 classification the certifier must-- 4 (a) give the local government for the building development 5 application a copy within 5 business days; and 6 (b) keep a copy for at least 5 years. 7 Maximum penalty--40 penalty units. 8 `Part 3 Changes to BCA classification 9 `8W What is a BCA classification change to a building 10 `A BCA classification change to a building is-- 11 (a) a change to the use for which the building was designed, 12 built or adapted to be used to an extent that alters its 13 BCA classification; or 14 (b) if, under section 8Q(d),46 a certificate of classification 15 for the building states a restriction on its use or 16 occupation--a change in circumstances that affects the 17 way the building complies with the restriction. 18 19 Example of BCA classification change-- 20 a change in the nature or quantity of materials displayed, stored 21 or used in a building that increases the risk to life or safety, 22 requiring building work to be carried out to comply with the 23 BCA `8X Restriction on making BCA classification change 24 `The owner of a building must ensure a BCA classification 25 change is not made to the building unless-- 26 (a) a building certifier who is either of the following has 27 approved the change and the building as changed 28 complies with the building assessment provisions-- 29 46 Section 8Q (Certificate requirements)

s5 76 s5 Building and Other Legislation Amendment Bill 2006 (i) a local government building certifier; 1 (ii) a private certifier (class A).; or 2 (b) the change has been approved under section 8Z. 3 Maximum penalty--165 penalty units. 4 `8Y Provision for applying to local government to obtain 5 approval for BCA classification change 6 `(1) The owner of a building may apply to the local government 7 for an approval mentioned in section 8X(a). 8 `(2) The application must-- 9 (a) be in the approved form; and 10 (b) include enough information about the proposed change 11 to allow a local government building certifier to comply 12 with the certificate requirements. 13 `(3) The local government building certifier must decide to grant 14 or refuse the approval. 15 `(4) This section does not prevent a private certifier (class A) 16 engaged by the owner from granting an approval mentioned in 17 section 8X(a). 18 `(5) Subject to section 8Z, a local government building certifier or 19 private certifier (class A) must not approve a BCA 20 classification change to a building unless the building as 21 changed complies with the building assessment provisions. 22 `(6) Despite subsections (3) and (4), if the building assessment 23 provisions or a condition of a building development approval 24 provide for a referral agency inspection of the building about 25 the BCA classification change, the approval must not be 26 granted until the requirement has been complied with or it has 27 ceased to apply. 28

s5 77 s5 Building and Other Legislation Amendment Bill 2006 `8Z Concessional approval for particular existing 1 buildings 2 `(1) This section applies only to a building in existence before 14 3 December 1993. 4 `(2) A building certifier who is either of the following may 5 approve a BCA classification change for the building or part 6 of the building without the building or part as changed having 7 to comply with the building assessment provisions, other than 8 the BCA, parts E1 and E447-- 9 (a) a local government building certifier; 10 (b) a private certifier (class A). 11 `(3) However, the change may be approved only if the building 12 certifier considers that the building or part-- 13 (a) will be structurally sound and capable of withstanding 14 the loadings likely to arise from its use under the new 15 BCA classification; and 16 (b) will reasonably provide for-- 17 (i) the safety of persons in the building if there is a 18 fire, including, for example, means of egress; and 19 (ii) the prevention and suppression of fire; and 20 (iii) the prevention of the spread of fire. 21 `(4) Also, if the building contains a special fire service the 22 building certifier must not approve the change unless the 23 certifier has first received from QFRS a report on the 24 suitability of the service. 25 `(5) The approval may impose the conditions the building certifier 26 considers necessary about any of the matters mentioned in-- 27 (a) the BCA, part E1 or E4; or 28 (b) subsection (3). 29 47 BCA, parts E1 (Fire fighting equipment) and E4 (Emergency lighting, exit signs and warning systems)

s5 78 s5 Building and Other Legislation Amendment Bill 2006 `9 Obligation of building certifier approving BCA 1 classification change to give new certificate of 2 classification 3 `(1) This section applies if a building certifier approves a BCA 4 classification change to a building. 5 `(2) The building certifier must ensure the owner of the building is 6 given a certificate of classification for the building that 7 complies with the certificate requirements. 8 9 Note-- 10 See also section 9S.48 `(3) The certificate replaces any existing certificate of 11 classification for the building. 12 `Part 4 Restrictions on the use of 13 buildings 14 `9A No occupation or use of particular buildings without 15 certificate of classification 16 `(1) This section applies if-- 17 (a) the building the subject of a building development 18 approval is not-- 19 (i) a single detached class 1a building; or 20 (ii) a class 10 building or structure; and 21 (b) a certificate of classification has not been given for the 22 building. 23 `(2) A person must not occupy or use the building unless the 24 person has a reasonable excuse. 25 Maximum penalty--165 penalty units. 26 48 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 79 s5 Building and Other Legislation Amendment Bill 2006 `(3) The owner of the building must, unless the owner has a 1 reasonable excuse, ensure the building is not occupied or used 2 by someone else. 3 Maximum penalty--165 penalty units. 4 `9B Occupation and use of building must comply with 5 relevant BCA and QDC provisions 6 `(1) A person must not, unless the person has a reasonable excuse, 7 occupy or use a building if the building does not comply with 8 the following for the use or occupation-- 9 (a) any relevant BCA provisions for its class of building; 10 (b) any relevant QDC provisions for the building. 11 Maximum penalty--165 penalty units. 12 `(2) For subsection (1), the relevant BCA provisions for the class 13 of building and the relevant QDC provisions for the building 14 are-- 15 (a) if there is a building development approval for the 16 building, the provisions of the BCA for the class and the 17 provisions of the QDC for the building in force-- 18 (i) generally--when the approval was granted; or 19 (ii) if, under this Act, the provisions, as they were in 20 force at an earlier time applied to building 21 assessment work for the approval--at the earlier 22 time; or 23 (b) otherwise, any provisions of the BCA for the class and 24 the provisions of the QDC for the building in force when 25 building work for the building started. 26 `(3) However, the provisions are subject to-- 27 (a) any variation of them under this Act; and 28 (b) any local law or local planning instrument that, under 29 this Act, applied to the building work for the building. 30 `(4) To remove any doubt, it is declared that subsection (1) applies 31 even if a building development approval for the building is 32 contrary to the provisions mentioned in subsection (1). 33

s5 80 s5 Building and Other Legislation Amendment Bill 2006 `9C Exception for use of government buildings for 1 emergency 2 `(1) This section applies if-- 3 (a) an emergency situation exists, or is likely to exist, 4 justifying the use of a government building for the 5 situation or likely situation; and 6 (b) the building is structurally adequate and reasonably 7 suitable for the emergency use; and 8 (c) the emergency use is, other than for sections 9A and 9B, 9 lawful. 10 11 Examples of emergency situation-- 12 � a cyclone 13 � local flooding 14 � a dangerous situation under the Petroleum and Gas (Production and 15 Safety) Act 2004 `(2) For section 9A and 9B, the use or occupation of the 16 government building is a reasonable excuse. 17 `(3) Subsection (2) does not limit what may be a reasonable 18 excuse for section 9A or 9B. 19 `(4) In this section-- 20 government building means a building owned or occupied by 21 or for the State, including by State instrumentalities and 22 government owned corporations. 23 `9D Enforcement action required 24 `(1) If there is a contravention of section 9A for a building, the 25 assessment manager must take appropriate enforcement 26 action against its owner. 27 `(2) However, subsection (1) does not apply if the assessment 28 manager is satisfied only building work of a minor nature is 29 needed before a certificate of classification can be given for 30 the building. 31 `(3) If a private certifier (class A) gives the enforcement notice and 32 the owner does not comply with it, the certifier must give the 33 local government notice of that fact. 34

s5 81 s5 Building and Other Legislation Amendment Bill 2006 `9E Restriction on use of buildings built on or after 1 1 April 1976 2 `The owner of a building built after 1 April 1976 must ensure 3 its use complies with its classification as stated in the last 4 certificate of classification for the building. 5 Maximum penalty--165 penalty units. 6 `9F Further restriction on occupation of building for 7 residential purposes 8 `A person must not use a building, other than a class 1, 2, 3 or 9 4 building. for residential purposes unless the use is approved 10 by the local government for the building. 11 Maximum penalty--165 penalty units. 12 `Part 5 Miscellaneous provisions 13 `9G BCA classification as special structure 14 `A building or structure that can not, under the BCA, part A3, 15 be given a BCA classification must be classified as a special 16 structure. 17 `9H Doubtful BCA classifications 18 `(1) This section applies if there is a doubt as to a building's BCA 19 classification. 20 `(2) The BCA classification must be either of the following 21 classifications a building certifier considers appropriate-- 22 (a) a class of building mentioned in the BCA, part A3; 23 (b) a special structure. 24 `9I Building certifier's obligation to give owner 25 inspection documentation if building development 26 approval lapses 27 `If a building development approval lapses, the building 28 certifier must ensure the owner of the building is, within 5 29

s5 82 s5 Building and Other Legislation Amendment Bill 2006 business days after the lapsing, given a copy of the inspection 1 documentation for inspection of the building work. 2 Maximum penalty--80 penalty units. 3 4 Note-- 5 For the lapsing of building development approvals, see chapter 4, part 7 6 and IPA, chapter 3, part 5, divisions 5 and 6. `9J Certificate of classification for particular buildings 7 built before 30 April 1998 8 `(1) This section applies to a building if it was built before 30 9 April 1998. 10 `(2) The owner of the building may apply to the local government 11 for a local government building certifier to give the owner a 12 certificate of classification for the building. 13 `(3) The application must be written and include enough 14 information about building's use to allow the local 15 government building certifier to comply with the certificate 16 requirements. 17 `(4) If the application complies with subsection (3), the local 18 government building certifier must ensure the owner is given 19 the certificate of classification that complies with the 20 certificate requirements. 21 `9K Building certifier's obligation to give information 22 notice about particular decisions 23 `(1) This section applies if-- 24 (a) a building certifier to whom part 1 applies decides not to 25 give a final inspection certificate for the relevant 26 building work because the work does not comply with 27 the building development approval; or 28 (b) a building certifier to whom part 2 applies decides not to 29 give a certificate of classification for the relevant 30 building because the building has not been substantially 31 completed; or 32 (c) a building certifier decides to refuse an application 33 under this chapter; or 34

s5 83 s5 Building and Other Legislation Amendment Bill 2006 (d) a private certifier (class A) decides to refuse to approve 1 a BCA classification change for a client of the certifier; 2 or 3 (e) under section 8Z,49 a building certifier decides to 4 approve a BCA classification change with a condition 5 mentioned in section 8Z(5). 6 `(2) The building certifier must give the applicant or client an 7 information notice about the decision. 8 `(3) For subsection (1), a failure to decide an application within 20 9 business days is taken to be a decision to refuse the 10 application. 11 `Chapter 6 Provisions about private 12 certifiers and other building 13 certifiers 14 `Part 1 General provisions about 15 building certifiers 16 `Division 1 Regulation of the performance of 17 building certifying functions 18 `9L Person must not perform building certifying 19 functions without licence 20 `A person must not perform a building certifying function 21 unless the person is a building certifier. 22 Maximum penalty--165 penalty units. 23 49 Section 8Z (Concessional approval for particular existing buildings)

s5 84 s5 Building and Other Legislation Amendment Bill 2006 `9M Building certifier performing building certifying 1 function must be appropriately licensed 2 `A building certifier must not perform a building certifying 3 function unless the certifier is appropriately licensed to 4 perform the function. 5 Maximum penalty--165 penalty units. 6 `9N Building certifier's duty to act in public interest in 7 performing building certifying function 8 `(1) A building certifier who is not a private certifier must, in 9 performing building certifying functions, always act in the 10 public interest. 11 12 Notes-- 13 1 See also section 9S.50 14 2 For the corresponding provision for private certifiers, see section 15 9W. `(2) For subsection (1), the occasions when a building certifier 16 does not act in the public interest in performing building 17 certifying functions include, but are not limited to, when the 18 certifier-- 19 (a) seeks, accepts or agrees to accept a benefit (whether for 20 the certifier's benefit or someone else) as a reward or 21 inducement to act other than under this Act; 22 (b) acts in a way contrary to a function of the certifier under 23 this Act or IPA; 24 (c) falsely claims to be appropriately licensed to carry out 25 building assessment work of a particular type; 26 (d) acts outside the scope of the certifier's powers under this 27 Act or IPA; 28 (e) contravenes the code of conduct; 29 (f) acts in a way, in relation to the certifier's practice, that is 30 grossly negligent or grossly incompetent. 31 50 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 85 s5 Building and Other Legislation Amendment Bill 2006 `9O Building certifier must not perform building certifying 1 function if there is a conflict of interest 2 `(1) A building certifier who is not a private certifier must not 3 perform a building certifying function if, in performing the 4 function, the certifier has a conflict of interest. 5 6 Note-- 7 See also section 9S.51 `(2) For subsection (1), the occasions when a building certifier has 8 a conflict of interest include, but are not limited to, when the 9 certifier-- 10 (a) is to carry out the building work the subject of the 11 building certifying function; or 12 (b) is engaged by the owner of the building or the builder to 13 perform a function other than-- 14 (i) a building certifying function; or 15 (ii) to manage a development application; or 16 (iii) give regulatory advice about any matter; or 17 (c) has a direct or indirect pecuniary interest in the building. 18 `(3) In this section-- 19 builder means the person who will be carrying out the 20 building work the subject of the building certifying function. 21 building work includes-- 22 (a) the preparation of the design of all or part of the 23 building; or 24 (b) carrying out all or part of building work. 25 owner means the owner of the building. 26 the building means the building or structure the subject of 27 building assessment work to be carried out under the building 28 certifying functions. 29 51 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 86 s5 Building and Other Legislation Amendment Bill 2006 `Division 2 Code of conduct 1 `9P Code of conduct 2 `(1) The code of conduct is the document called `Code of Conduct 3 for Building Certifiers' made by the chief executive on 20 4 October 2003 and tabled in the Legislative Assembly on 14 5 November 2003, as amended or replaced from time to time 6 under this section. 7 `(2) The chief executive may amend or replace the document 8 mentioned in subsection (1) or any amendment or 9 replacement of it. 10 `(3) However, the amendment or replacement does not take effect 11 until it is approved under a regulation. 12 `(4) A reference to the code of conduct is taken to include any 13 amendment or replacement under subsection (2) that has 14 taken effect. 15 `9Q Tabling and inspection of amendment or 16 replacement not part of or attached to regulation 17 `(1) This section applies if-- 18 (a) a regulation made under section 9P approves an 19 amendment or replacement of the code of conduct; and 20 (b) the amendment or replacement is not part of, or attached 21 to, the regulation. 22 `(2) The Minister must, within 14 sitting days after the regulation 23 is notified in the gazette, table a copy of the amendment or 24 replacement in the Legislative Assembly. 25 `(3) A failure to comply with subsection (2) does not invalidate or 26 otherwise affect the regulation. 27 `9R Access to code of conduct 28 `The chief executive must make the code of conduct available 29 for inspection as if it were a document that, under IPA, 30

s5 87 s5 Building and Other Legislation Amendment Bill 2006 chapter 5, part 7,52 the chief executive must make available for 1 inspection. 2 `Division 3 Miscellaneous provisions 3 `9S Effect of building certifier not complying with Act if 4 no penalty provided 5 `(1) This section applies if-- 6 (a) a building certifier does not comply with a provision of 7 this Act about building or private certifying functions; 8 and 9 (b) no penalty is stated for the failure to comply. 10 11 Examples of provisions mentioned in subsection (1)-- 12 6P, 8B, 8P, 8S, 9N, 9O, 9X and 9Z `(2) The failure to comply is not an offence. 13 `(3) For the definition of unsatisfactory conduct in schedule 2, the 14 failure is taken to be conduct that is contrary to a function 15 under this Act. 16 `9T Additional functions of BSA for building certification 17 `As well as its functions under the Queensland Building 18 Services Authority Act 1991, BSA has the following functions 19 under this Act-- 20 (a) under part 3, to license individuals as building certifiers 21 and give private certification and development approval 22 endorsements; 23 (b) to monitor compliance with this chapter by building 24 certifiers; 25 (c) to carry out audits of building and private certifying 26 functions; 27 (d) under part 3, to investigate written complaints made to it 28 about alleged unsatisfactory conduct or professional 29 52 IPA, chapter 5, part 7 (Public access to planning and development information)

s5 88 s5 Building and Other Legislation Amendment Bill 2006 misconduct by building certifiers or former building 1 certifiers; 2 (e) to take disciplinary action against building certifiers or 3 former building certifiers for unsatisfactory conduct or 4 professional misconduct; 5 (f) to give the chief executive, at least once each year, a list 6 of building certifiers and a summary of disciplinary 7 action taken against building certifiers; 8 (g) under part 3, to keep a register of building certifiers. 9 `Part 2 Private certifiers 10 `Division 1 Regulation of private certifying 11 functions 12 `9U Restriction on performing functions of private 13 certifier (class A) 14 `A person must not perform a function under section 6P53 15 unless the person is a private certifier (class A). 16 Maximum penalty--165 penalty units. 17 `9V Restriction on private certifier performing functions 18 for building development applications 19 `(1) A private certifier must not perform a private certifying 20 function for a building development application unless the 21 certifier is appropriately licensed to carry out the type of 22 building assessment work required for the application. 23 Maximum penalty--165 penalty units. 24 `(2) In performing a private certifying function, a private certifier 25 must comply with the building assessment provisions, chapter 26 5 and this chapter. 27 Maximum penalty--165 penalty units. 28 53 Section 6P (Functions of private certifier (class A))

s5 89 s5 Building and Other Legislation Amendment Bill 2006 `9W Offence for private certifier not to act in public 1 interest in performing private certifying function 2 `(1) A private certifier must, in performing a private certifying 3 function, always act in the public interest. 4 Maximum penalty--1665 penalty units. 5 (2) For subsection (1), the occasions when a private certifier does 6 not act in the public interest in performing a private certifying 7 function include, but are not limited to, when the certifier-- 8 (a) seeks, accepts or agrees to accept a benefit (whether for 9 the certifier's benefit or someone else) as a reward or 10 inducement to act other than under this Act; 11 (b) acts in a way contrary to a function of the certifier under 12 this Act or IPA; 13 (c) falsely claims to be appropriately licensed to carry out 14 building assessment work of a particular type; 15 (d) acts outside the scope of the certifier's powers under this 16 Act or IPA; 17 (e) contravenes the code of conduct; 18 (f) acts in a way, in relation to the certifier's practice, that is 19 grossly negligent or grossly incompetent. 20 `9X Private certifier must not perform private certifying 21 function if there is a conflict of interest 22 `(1) A private certifier must not perform a private certifying 23 function if, in performing the function, the certifier has a 24 conflict of interest. 25 26 Note-- 27 See also section 9S.54 `(2) For subsection (1), the occasions when a private certifier has a 28 conflict of interest in performing a private certifying function 29 include, but are not limited to, when the certifier-- 30 54 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 90 s5 Building and Other Legislation Amendment Bill 2006 (a) is to carry out the building work the subject of the 1 building certifying function; or 2 (b) is engaged by the owner of the building or the builder to 3 perform a function other than-- 4 (i) a building certifying function; or 5 (ii) to manage a development application; or 6 (iii) give regulatory advice about any matter; or 7 (c) has a direct or indirect pecuniary interest in the building. 8 `(3) In this section-- 9 builder means the person who will be carrying out the 10 building work the subject of the private certifying function. 11 building work includes-- 12 (a) the preparation of the design of all or part of the 13 building; or 14 (b) carrying out all or part of building work. 15 owner means the owner of the building. 16 the building means the building or structure the subject of 17 building assessment work to be carried out under the private 18 certifying function. 19 `Division 2 Engagement of private certifiers 20 `9Y Power to contract to perform private certifying 21 functions 22 `(1) Subject to sections 10 and 10A-- 23 (a) a private certifier may enter into a contract to perform 24 private certifying functions; and 25 (b) a person or public sector entity (a private certifier 26 employer) who employs private certifiers may enter into 27 a contract to provide the services of any of the private 28 certifiers to perform private certifying functions for 29 others. 30

s5 91 s5 Building and Other Legislation Amendment Bill 2006 `(2) However, a local government can not enter into a contract 1 mentioned in subsection (1)(b). 2 `(3) Subsection (2) does not prevent a local government from 3 performing functions required of it under section 6S. 4 `(4) A contract made under subsection (1) is an engagement of the 5 private certifier or certifiers who, under the contract, are to 6 perform private certifying functions. 7 `(5) The person for whom private certifying functions are agreed 8 to be performed under an engagement of a private certifier is 9 the certifier's client. 10 `9Z General restrictions on private certifier entering into 11 engagement 12 `A private certifier must not enter into an engagement as a 13 private certifier if, under the engagement, the certifier is to 14 perform private certifying functions that, if performed, will, or 15 are likely to, contravene section 9W or 9X.55 16 17 Note-- 18 See also section 9S.56 `10 Restriction on engagement of private certifier 19 (class B) 20 `(1) This section applies to any of the following persons (the 21 service provider) who proposes to enter into an engagement 22 of a private certifier for a building development application-- 23 (a) a private certifier (class B); 24 (b) a private certifier employer who does not employ any 25 private certifier (class A). 26 `(2) The service provider must not enter into the engagement 27 unless the service provider has disclosed in writing to the 28 55 Sections 9W (Offence for private certifier not to act in public interest when performing private certifying function) and 9X (Private certifier must not perform private certifying function if there is a conflict of interest) 56 Section 9S (Effect of building certifier not complying with Act if no penalty provided)

s5 92 s5 Building and Other Legislation Amendment Bill 2006 proposed client that the private certifier proposed to be 1 engaged can not decide whether to grant or refuse a 2 development approval for the application. 3 Maximum penalty--20 penalty units. 4 `(3) If the engagement is entered into, the service provider may 5 enter into a written agreement with any of the following 6 persons to decide whether the development approval is to be 7 granted or refused-- 8 (a) a private certifier (class A); 9 (b) a private certifier employer who employs a private 10 certifier (class A). 11 `10A Requirements for engagement of private certifier 12 `(1) An engagement of a private certifier must be written and state 13 the fees payable by the client to the certifier or, for an 14 engagement of a private certifier employer, the employer. 15 `(2) The mere making of a building development application to a 16 private certifier does not, of itself, constitute an engagement 17 of the certifier by the applicant. 18 `10B Engagement of private certifier (class A) taken to 19 include inspection and certification 20 `If a private certifier (class A) is engaged to assess a building 21 development application, the certifier is taken to have also 22 been engaged to inspect and certify building work authorised 23 by a development approval issued because of the application. 24 `10C Notice of engagement to local government 25 `If a private certifier is engaged by a client to perform private 26 certifying functions for a building or building assessment 27 work, the certifier must, within 5 business days after the 28 engagement starts-- 29 (a) give notice of the engagement to the local government; 30 and 31

s5 93 s5 Building and Other Legislation Amendment Bill 2006 (b) if the owner of the building is not the client or the 1 applicant under the relevant building development 2 application, give the owner notice of-- 3 (i) the private certifier's name; and 4 (ii) the details, in an approved form, of the 5 responsibilities of the private certifier performing 6 the work. 7 Maximum penalty--40 penalty units. 8 `10D Restriction on discontinuing engagement 9 `(1) This section applies if-- 10 (a) a party to an engagement of a private certifier may, 11 under the engagement, discontinue it; and 12 (b) the party takes whatever action is required under the 13 engagement to discontinue it. 14 `(2) The discontinuance does not take effect until all other parties 15 to the engagement have been given notice in the approved 16 form of the discontinuance. 17 `(3) The private certifier must, within 5 business days after the 18 discontinuance takes effect under subsection (2), give the 19 local government a copy of the notice. 20 `10E Effect of transfer of functions for building 21 development approval to local government or 22 replacement private certifier 23 `(1) This section applies if, for building work authorised by a 24 building development approval, the engagement of a private 25 certifier (the original certifier) is discontinued and-- 26 (a) a replacement private certifier (the replacement) is 27 engaged to inspect and certify the work; or 28 (b) if a replacement private certifier has not been engaged 29 under paragraph (a)--a local government building 30

s5 94 s5 Building and Other Legislation Amendment Bill 2006 certifier for the approval (also the replacement) must, 1 under section 6S57 inspect and certify the work. 2 `(2) The replacement is not liable for building certifying functions 3 performed by the original certifier. 4 `(3) The replacement may, in performing building certifying 5 functions for the approval, accept and, without further 6 checking, rely and act on any inspection documentation given 7 by or for the original certifier. 8 `10F Agreed fee recoverable despite valid refusal of 9 particular actions 10 `(1) This section applies if-- 11 (a) a client engages a private certifier to perform a private 12 certifying function and the certifier has carried out work 13 under the engagement; and 14 (b) the certifier has refused to do any of the following for 15 the work because the building assessment provisions or 16 an applicable code under IDAS have not been complied 17 with, or for another valid reason-- 18 (i) approve a building development application; 19 (ii) issue a building development approval; 20 (iii) give a certificate of classification; 21 (iv) certify building work. 22 `(2) The client must, despite the refusal, pay the private certifier 23 the fee for the work agreed to under the engagement with the 24 certifier. 25 57 Section 6S (Function to act on building development application or development approval unless private certifier (class A) engaged)

s5 95 s5 Building and Other Legislation Amendment Bill 2006 `Division 3 Record-keeping and related 1 requirements 2 `10G Building development applications and approval 3 documents 4 `(1) This section applies if-- 5 (a) a private certifier is engaged for a building development 6 application; and 7 (b) the building development approval applied for is 8 granted. 9 `(2) The private certifier must, for at least 5 years from the relevant 10 day, keep a copy of the application and the approval 11 documents for the application. 12 Maximum penalty--20 penalty units. 13 `(3) In this section-- 14 relevant day means-- 15 (a) for a private certifier (class A)--the latest of the 16 following days-- 17 (i) the day a final inspection certificate for the 18 building work or a certificate of classification for 19 the building is given; 20 (iii) if the approval for the building work lapses--the 21 day the approval lapsed; or 22 (b) for a private certifier (class B)--the day the private 23 certifier gave the compliance certificate for the building 24 work. 25 `10H Obligation to give inspection documentation to 26 owner of building 27 `(1) This section applies if the engagement of a private certifier for 28 building work is discontinued before the giving of a final 29 inspection certificate for the relevant building work or a 30 certificate of classification for the relevant building. 31

s5 96 s5 Building and Other Legislation Amendment Bill 2006 `(2) The private certifier must, within the following period, give 1 the owner of the building a copy of the inspection 2 documentation for inspection of the building work-- 3 (a) if the inspection documentation includes a certificate 4 relied on by the private certifier--within 5 business days 5 after the certifier accepts the certificates; 6 (b) otherwise--within 5 business days after the engagement 7 is discontinued. 8 Maximum penalty--80 penalty units. 9 `10I Obligation to give inspection documentation and 10 any reminder notice to local government 11 `(1) A private certifier must give the local government a copy of 12 all inspection documentation prepared by or for the certifier 13 for building work within 5 business days after the earlier of 14 the following to happen-- 15 (a) the giving of a final inspection certificate for the 16 building work or a certificate of classification for the 17 relevant building; 18 (b) the discontinuance of the engagement of the private 19 certifier; 20 (c) the lapsing of the building development approval. 21 Maximum penalty--40 penalty units. 22 `(2) However, if the inspection documentation includes certificates 23 relied on by the private certifier, subsection (1) does not apply 24 until 5 business days after the certifier accepted all the 25 certificates. 26 `(3) If the building development approval lapses, the private 27 certifier must, within 5 business days after the lapsing, also 28 give the local government a copy of the relevant reminder 29 notice given under section 8I. 30 Maximum penalty--40 penalty units. 31

s5 97 s5 Building and Other Legislation Amendment Bill 2006 `10J Obligation to keep inspection documentation 1 `A private certifier must keep all inspection documentation for 2 building work for which the certifier is engaged for at least 5 3 years after the building work is completed. 4 Maximum penalty--20 penalty units. 5 `Part 3 Licensing of building certifiers 6 `Division 1 Licence levels and their roles 7 `10K Levels 8 `BSA must, in exercising its power under division 2 to issue a 9 licence to a building certifier, issue the licence at 1 of the 10 following levels-- 11 (a) a building surveyor; 12 (b) an assistant building surveyor; 13 (c) a building surveying technician. 14 `10L Role of building surveyor 15 `A building surveyor may perform building certifying 16 functions for all classes of buildings and structures. 17 `10M Role of assistant building surveyor 18 `An assistant building surveyor may only-- 19 (a) without the supervision of a building 20 surveyor--perform building certifying functions on 21 buildings and structures having a rise of no more than 3 22 storeys and a total floor area no more than 2000m2; or 23 (b) under the supervision of a building surveyor--help in 24 assessing and inspecting all classes of buildings and 25 structures. 26

s5 98 s5 Building and Other Legislation Amendment Bill 2006 `10N Role of building surveying technician 1 `(1) A building surveying technician may only-- 2 (a) if employed by a local government, other than a 3 designated local government--perform building 4 certifying functions on buildings or structures having a 5 rise of no more than 2 storeys and a total floor area no 6 more than 500m2; or 7 (b) otherwise--under the supervision of a building surveyor 8 or assistant building surveyor, help in assessing and 9 inspecting buildings or structures having a rise of no 10 more than 2 storeys and a total floor area no more than 11 500m2. 12 `(2) In this section-- 13 designated local government means each of the following-- 14 (a) the city council for Brisbane, Bundaberg, Cairns, 15 Caloundra, Gladstone, Gold Coast, Hervey Bay, 16 Ipswich, Logan, Mackay, Maryborough, Redcliffe, 17 Rockhampton, Thuringowa, Toowoomba or Townsville; 18 (b) the shire council for Beaudesert, Burnett, Caboolture, 19 Calliope, Cooloola, Crow's Nest, Douglas, Livingstone, 20 Mareeba, Maroochy, Noosa, Pine Rivers, Redland or 21 Whitsunday. 22 `Division 2 Applying for and obtaining license 23 `10O Who may apply 24 `An individual may apply to BSA for a licence only if the 25 individual holds a current accreditation issued by an 26 accreditation standards body. 27 `10P Requirements for licence application 28 `The application must-- 29 (a) be in the approved form; and 30 (b) state the level of licence applied for; and 31

s5 99 s5 Building and Other Legislation Amendment Bill 2006 (c) be accompanied by each of the following-- 1 (i) the application fee prescribed under a regulation; 2 (ii) the licence fee for the licence prescribed under a 3 regulation; 4 (iii) evidence of the applicant's identity; 5 (iv) a copy of the applicant's certificate of accreditation 6 from an accreditation standards body for the level 7 of licence applied for. 8 `10Q Decision on licence application 9 `(1) Subject to section 11T,58 BSA must consider the application 10 and decide to-- 11 (a) license the applicant at the level of licensing for which 12 the applicant applied; or 13 (b) refuse to license the applicant. 14 `(2) However, BSA may decide to license the applicant only if it is 15 satisfied the applicant is a suitable person to hold a licence. 16 `(3) BSA may impose conditions on the licence. 17 `10R Steps after making decision 18 `(1) If BSA decides to license the applicant, it must issue the 19 licence to the applicant. 20 `(2) If BSA decides to refuse to license the applicant or to impose 21 conditions on any licence issue to the applicant, it must give 22 the applicant an information notice about the decision. 23 `10S Duration of licence 24 `Subject to section 11A,59 a licence remains in force for 1 25 year, unless it is earlier cancelled, suspended or surrendered 26 under this Act. 27 58 Section 11T (BSA may seek information from applicants about suitability) 59 Section 11A (Existing licence taken to be in force while application is being considered)

s5 100 s5 Building and Other Legislation Amendment Bill 2006 `Division 3 Private certification endorsements 1 `10T Endorsements 2 `Subject to section 10W, BSA may endorse on a building 3 certifier's licence that the certifier may-- 4 (a) perform building certifying functions as a private 5 certifier (a private certification endorsement); and 6 (b) if the licence has a private certification 7 endorsement--perform the function under section 6P60 8 of issuing building development approvals (a 9 development approval endorsement). 10 `10U Who may apply for endorsement 11 `(1) A building certifier may apply for a private certification or 12 development approval endorsement at any time. 13 `(2) A person who has applied for a licence may, together with or 14 after the making of the licence application, apply for a private 15 certification or development approval endorsement on the 16 licence if it is issued. 17 `10V Requirements for endorsement application 18 `The application must be in the approved form and 19 accompanied by the fee prescribed under a regulation. 20 `10W Restrictions on making endorsement 21 `(1) A private certification endorsement may be made only if the 22 applicant-- 23 (a) has the insurance for private certification prescribed 24 under a regulation; and 25 (b) is a building surveyor or assistant building surveyor. 26 `(2) A development approval endorsement may be made only if 27 the applicant has satisfactorily completed the course, 28 60 Section 6P (Functions of private certifier (class A))

s5 101 s5 Building and Other Legislation Amendment Bill 2006 prescribed under a regulation, about issuing building 1 development approvals. 2 `10X Notice of refusal 3 `If BSA decides to refuse the application, it must give the 4 applicant an information notice about the decision. 5 `Division 4 Renewals 6 `10Y Notice of expiry of licence 7 `(1) BSA must, at least 20 business days before each building 8 certifier's licence expires, give the certifier notice of the 9 expiry. 10 `(2) The notice must state-- 11 (a) the day the licence will expire; and 12 (b) that, if the building certifier wishes to renew the licence, 13 the certifier must, on or before the expiry day-- 14 (i) apply to renew the licence; and 15 (ii) pay the licence fee prescribed under a regulation 16 for the period of the renewed licence; and 17 (c) how to apply to renew the licence. 18 `10Z Automatic expiry on failure to apply for renewal 19 `(1) If a building certifier does not apply to renew the certifier's 20 licence on or before the day the licence expires, the licence 21 expires at the end of the day. 22 `(2) Subsection (1) applies whether or not BSA has complied with 23 section 10Y in relation to the expiry. 24 `11 Applying for renewal 25 `(1) A building certifier may apply to BSA to renew the certifier's 26 licence. 27

s5 102 s5 Building and Other Legislation Amendment Bill 2006 `(2) However, the application can not be made-- 1 (a) after the licence expires; or 2 (b) if the building certifier is, under section 10O,61 not 3 qualified to apply for a licence. 4 `(3) The application must be in the approved form and 5 accompanied by-- 6 (a) the licence fee prescribed under a regulation; and 7 (b) evidence of the applicant's identity; and 8 (c) evidence that the applicant continues to holds 9 accreditation from an accreditation standards body for 10 the level of licence; and 11 (d) if the applicant's licence has private certification 12 endorsement and the applicant is applying to continue 13 the endorsement--evidence that the applicant has the 14 insurance for private certification prescribed under a 15 regulation. 16 `11A Existing licence taken to be in force while 17 application is being considered 18 `(1) If an application is made under section 11 to renew a licence, 19 the licence is taken to continue in force from the day it would, 20 apart from this section, have expired until the application is 21 decided. 22 `(2) Subsection (1) does not apply if the licence is earlier 23 cancelled, suspended or surrendered under this Act. 24 `11B Decision on renewal application 25 `(1) Subject to section 11T, BSA must consider the application 62 26 and decide to-- 27 61 Section 10O (Who may apply) 62 Section 11T (BSA may seek information from applicants about suitability)

s5 103 s5 Building and Other Legislation Amendment Bill 2006 (a) renew the licence at the level of licensing for which the 1 applicant applied; or 2 (b) refuse to renew the licence. 3 `(2) However, BSA may decide to renew the licence only if it is 4 satisfied the applicant is still a suitable person to hold a 5 licence. 6 `11C Steps after making decision 7 `(1) If BSA decides to renew the licence, it must issue the renewed 8 licence to the applicant. 9 `(2) If BSA refuses to renew the licence, it must give the applicant 10 an information notice about the decision. 11 `Division 5 Cancellation and suspension of, 12 and other changes to, licences and 13 cancellation of endorsements 14 `Subdivision 1 BSA's powers 15 `11D Power to amend, cancel or suspend licence 16 `(1) BSA may, on the ground that a building certifier is not a 17 suitable person to hold a licence, do either of the following in 18 relation to the certifier's licence-- 19 (a) amend it to impose or remove a condition; 20 (b) cancel or suspend it. 21 `(2) The power under subsection (1) may be exercised at any time 22 after BSA has complied with subdivision 2. 23 `11E Power to change licence level 24 `(1) If BSA is satisfied a building certifier no longer holds 25 accreditation from an accreditation standards body for the 26 level of certifier's licence, it may do either of the following in 27 relation to the certifier's licence-- 28

s5 104 s5 Building and Other Legislation Amendment Bill 2006 (a) amend it to impose or remove a condition or change the 1 certifier's level of licensing; 2 (b) cancel or suspend it. 3 `(2) The power under subsection (1) may be exercised at any time 4 after BSA has complied with subdivision 2. 5 `11F Cancellation of endorsement of licence to act as 6 private certifier 7 `If BSA is satisfied a private certifier does not have the 8 insurance for private certification prescribed under a 9 regulation, it must-- 10 (a) give the certifier a show cause notice that it proposes to 11 cancel the endorsement; and 12 (b) subject to any submissions made under subdivision 13 2--amend the licence by cancelling the endorsement. 14 `11G Notice of particular events to interstate licensing 15 authorities and other entities 16 `(1) This section applies if any of the following (the event) 17 happens in relation to a building certifier's licence-- 18 (a) it is cancelled or suspended; 19 (a) it is amended under this subdivision. 20 `(2) As soon as practicable after the happening of the event, BSA 21 must give notice of the event to the authority in any other 22 State or New Zealand of which it is aware the building 23 certifier has a licence (however called) that is the same, or 24 substantially the same, as a licence under this part. 25 `(3) Also, BSA may give notice of the event to all or any of the 26 following-- 27 (a) each accreditation standards body; 28 (b) any employer of or person who has appointed the 29 building certifier to perform building or private 30 certifying functions; 31

s5 105 s5 Building and Other Legislation Amendment Bill 2006 (c) another entity BSA reasonably believes needs to know 1 about the event. 2 `(4) A notice under this section may include the information BSA 3 considers appropriate in the circumstances. 4 `Subdivision 2 Show cause notice procedure 5 `11H Show cause notice 6 `(1) If BSA believes grounds exist to act under subdivision 1, it 7 must, before taking the action, give the relevant building 8 certifier a notice (a show cause notice). 9 `(2) The show cause notice must state each of the following-- 10 (a) the proposed action; 11 (b) the grounds for taking the proposed action; 12 (c) the facts and circumstances forming the basis for the 13 grounds; 14 (d) if the proposed action is to the licence--the proposed 15 amendment; 16 (e) if the proposed action is to suspend--the proposed 17 suspension period; 18 (f) that the building certifier may, within a stated period 19 (the show cause period), make submissions about why 20 the proposed action should not be taken. 21 `(3) The show cause period must end at least 20 business days 22 after the building certifier is given the show cause notice. 23 `(4) The proposed suspension period may be fixed by reference to 24 the happening of a stated event. 25 26 Example-- 27 If the ground for taking the proposed action is a failure to carry out a 28 statutory obligation relating to a building or private certifying functions, 29 the proposed suspension period could be until the obligation is complied 30 with.

s5 106 s5 Building and Other Legislation Amendment Bill 2006 `11I Submissions about show cause notice 1 `(1) The building certifier may, within the show cause period, 2 make submissions to BSA about the show cause notice. 3 `(2) BSA must consider the submissions. 4 `11J Decision on proposed action 5 `(1) After considering the submissions for the show cause notice, 6 BSA must decide whether to take the proposed action. 7 `(2) If the proposed action is to cancel the building certifier's 8 licence, BSA may instead decide to suspend it for a stated 9 period. 10 `11K Notice and taking effect of decision 11 `(1) If BSA decides not to take the proposed action, it must give 12 the building certifier notice of the decision. 13 `(2) If BSA decides to take the proposed action, it must give the 14 building certifier an information notice about the decision. 15 `(3) A decision to take the proposed action, takes effect when the 16 information notice is given. 17 `Division 6 General provisions about licences 18 `11L Register of building certifiers 19 `(1) BSA must keep a register of building certifiers. 20 `(2) The register may be kept in the way BSA considers 21 appropriate, including, for example, in an electronic form. 22 `(3) The register must contain the following particulars for each 23 building certifier-- 24 (a) their name, licence number and business contact details; 25 (b) the following information about their licence-- 26 (i) its day of issue and expiry; 27

s5 107 s5 Building and Other Legislation Amendment Bill 2006 (ii) any endorsements on the licence; 1 (iii) its level; 2 (iv) if conditions are imposed on the licence--the 3 conditions; 4 (c) details of their eligibility for licensing as a building 5 certifier; 6 (d) if, under section 40(1),63 BSA decides the building 7 certifier has engaged in unsatisfactory conduct-- 8 (i) details of the decision; and 9 (ii) if the decision was that the building certifier has 10 engaged in unsatisfactory conduct--details of the 11 further decision required under section 40(4); 12 (e) if the Commercial and Consumer Tribunal makes an 13 order about the building certifier--details of the order, 14 other than any details identified in the order as details 15 not to be included in the register. 16 `(4) Particulars recorded under subsection (3)(d) must be removed 17 from the register 5 years after they were recorded in the 18 register. 19 `(5) Particulars recorded under subsection (3)(e) must be removed 20 from the register at the end of the period during which the 21 order states the details are to be included in the register. 22 `11M Access to register 23 `BSA must-- 24 (a) make the register available for inspection by anyone 25 while its office is open for business; and 26 (b) give, on payment of any reasonable fee requested by it, 27 anyone who asks for it a copy of all or part of the 28 information held in the register; and 29 (c) place, on its website, a link to the register. 30 63 Section 40 (Decision after investigation or audit completed)

s5 108 s5 Building and Other Legislation Amendment Bill 2006 `11N Surrendering licence 1 `(1) A building certifier may surrender the certifier's licence by 2 notice to BSA. 3 `(2) The surrender takes effect-- 4 (a) on the day the notice is given to BSA; or 5 (b) if a later day of effect is stated in the notice--on the later 6 day. 7 `(3) The building certifier must, unless the certifier has a 8 reasonable excuse, return the licence to BSA within 10 9 business days after the day the surrender takes effect. 10 Maximum penalty for subsection (3)--10 penalty units. 11 `11O Obtaining replacement licence 12 `(1) A building certifier may apply to BSA in the approved form 13 for the replacement of the certifier's licence if it has been 14 damaged, destroyed, lost or stolen. 15 `(2) If BSA is satisfied the licence has been damaged, destroyed, 16 lost or stolen, BSA must-- 17 (a) replace it with another licence; and 18 (b) give the applicant the replacement licence. 19 `11P Obligation of building certifier to give notice of 20 change in particular circumstances 21 `(1) This section applies if a building certifier-- 22 (a) changes address; or 23 (b) holds, in another State or New Zealand, a licence 24 (however called) that is the same, or substantially the 25 same, as a licence under this part and the licence is 26 cancelled or suspended; or 27 (c) is, after the issuing of the building certifier's licence 28 under this part, convicted of a relevant offence. 29 `(2) The building certifier must give BSA notice of the change, 30 cancellation, suspension or conviction within 20 business 31 days after it happened. 32

s5 109 s5 Building and Other Legislation Amendment Bill 2006 Maximum penalty-- 1 (a) if the offence relates to subsection (1)(a)--1 penalty 2 unit; or 3 (b) if the offence relates to subsection (1)(b) or (c)--40 4 penalty units. 5 `Division 7 Miscellaneous provisions 6 `11Q Accreditation standards bodies 7 `(1) An accreditation standards body is-- 8 (a) AIBS; and 9 (b) any other entity prescribed under a regulation to be an 10 accreditation standards body. 11 `(2) An entity may be prescribed under subsection (1)(b) only if it 12 has identifiable competence and expertise in issuing 13 accreditation to building certifiers. 14 `11R Function of accreditation standards body 15 `(1) The function of an accreditation standards body is to issue 16 accreditation to individuals proposing to apply to be building 17 certifiers. 18 `(2) For subsection (1), an accreditation standards body must-- 19 (a) set educational and experiential standards for each level 20 of licensing as a building certifier; and 21 (b) ensure the standards comply with the national 22 accreditation framework for building certifiers; and 23 (c) establish a professional development scheme approved 24 by the chief executive. 25 `(3) In this section-- 26 national accreditation framework means the framework, as 27 amended from time to time, approved by the body known as 28 the Australian Building Codes Board. 29

s5 110 s5 Building and Other Legislation Amendment Bill 2006 `11S Criteria for deciding suitability of applicants and 1 licensees 2 `(1) This section applies if, under this part, BSA is considering 3 whether an applicant for, or for the renewal of, a licence or a 4 licence holder is a suitable person to hold a licence. 5 `(2) BSA must consider each of the following-- 6 (a) whether the applicant or holder has been convicted of a 7 relevant offence; 8 (b) whether the applicant or holder has previously been 9 refused a licence, or has had a licence suspended or 10 cancelled, under this Act or another relevant Act; 11 (c) whether the applicant or holder has, under another 12 relevant Act, been disqualified from holding a licence 13 under that Act; 14 (d) dealings in which the applicant or holder has been 15 involved and the standard of honesty and integrity 16 demonstrated in the dealings; 17 (e) any failure by the applicant or holder to carry out 18 statutory obligations relating to building or private 19 certifying functions, and the reasons for the failure; 20 (f) whether the applicant or holder holds a current 21 accreditation issued by an accreditation standards body; 22 (g) all other relevant circumstances. 23 `11T BSA may seek information from applicants about 24 suitability 25 `(1) This section applies to an application for, or to renew, a 26 licence. 27 `(2) BSA may, by notice to the applicant, require the applicant to 28 give it, within a stated reasonable period, documents or 29 information BSA reasonably considers is needed to establish 30 that the applicant is a suitable person to hold a licence. 31 `(3) The applicant is taken to have withdrawn the application if, 32 within the stated period, the applicant does not comply with 33 the requirement. 34

s6 111 s6 Building and Other Legislation Amendment Bill 2006 `11U Refund of particular licence fees accompanying 1 applications 2 `If an application for, or to renew, a licence is refused or 3 withdrawn, BSA must refund the applicant the licence fee that 4 accompanied the application. 5 `11V Appeals to Commercial and Consumer Tribunal 6 about decisions under pt 3 7 `(1) This section applies if a person is given, or is entitled to be 8 given, an information notice about a decision of BSA under 9 this part. 10 `(2) The person may appeal against the decision to the 11 Commercial and Consumer Tribunal. 12 `(3) The appeal must be started within 20 business days after the 13 latest of the following-- 14 (a) if the applicant has been given an information notice 15 about the decision--the day the notice is given; 16 (b) if paragraph (a) does not apply--the day the applicant 17 became aware of the decision.'. 18 Clause 6 Replacement of pt 2A, hdg (Fire safety for budget 19 accommodation buildings) 20 Part 2A, heading-- 21 omit, insert-- 22 `Chapter 7 Fire safety for budget 23 accommodation buildings 24 25 Note-- 26 Chapters 2 and 3 contain special provisions for obtaining building 27 development approval for budget accommodation buildings. See 28 sections 5V, 6N(4), 7 and 7D.64'. 64 Sections 5V (Application for building work for budget accommodation building), 6N (Concurrence agencies may carry out building assessment work within their jurisdiction), 7 (Discretion for building development applications for particular budget accommodation buildings) and 7D (Restriction on granting building development application for budget accommodation building)

s7 112 s 10 Building and Other Legislation Amendment Bill 2006 Clause 7 Amendment of pt 2A, div 1 hdg (Interpretation) 1 Part 2A, division 1 heading, `Division 1'-- 2 omit, insert-- 3 `Part 1'. 4 Clause 8 Amendment of s 12A (Definitions for pt 2A) 5 (1) Section 12A, heading, `pt 2A'-- 6 omit, insert-- 7 `ch 7'. 8 (2) Section 12A, `part'-- 9 omit, insert-- 10 `chapter'. 11 (3) Section 12A, definitions BCA and IPA-- 12 omit. 13 (4) Section 12A, definition fire safety management plan-- 14 relocate to schedule 2, as renumbered under section 70(1). 15 Clause 9 Amendment of pt 2A, div 2 hdg (Fire safety standard) 16 Part 2A, division 2 heading, `Division 2'-- 17 omit, insert-- 18 `Part 2'. 19 Clause 10 Amendment of s 12C (Fire safety standard) 20 (1) Section 12C(1), before `for ensuring'-- 21 omit, insert-- 22 `(1) The fire safety standard is-- 23 (a) the QDC, part 14;65 and 24 (b) any other standard prescribed under a regulation'. 25 65 QDC, part 14 (Fire safety in budget accommodation buildings)

s 11 113 s 14 Building and Other Legislation Amendment Bill 2006 (2) Section 12C(2), `the fire safety standard'-- 1 omit, insert-- 2 `a prescribed standard'. 3 Clause 11 Omission of ss 12E and 12F 4 Sections 12E and 12F-- 5 omit. 6 Clause 12 Amendment of pt 2A, div 3, hdg (Budget accommodation 7 buildings built, approved or applied for, before 1 January 8 1992) 9 Part 2A, division 3, heading, `Division 3'-- 10 omit, insert-- 11 `Part 3'. 12 Clause 13 Amendment of s 12G (Application of div 3) 13 (1) Section 12G, heading `div 3'-- 14 omit, insert-- 15 `pt 3'. 16 (2) Section 12G, `division'-- 17 omit, insert-- 18 `part'. 19 Clause 14 Amendment of s 12I (Approval of longer period for 20 conformity with fire safety standard) 21 (1) Section 12I(4)(b), `written notice of'-- 22 omit, insert-- 23 `an information notice about'. 24 (2) Section 12I(5)-- 25 omit. 26

s 15 114 s 17 Building and Other Legislation Amendment Bill 2006 (3) Section 12I(6)-- 1 renumber as section 12I(5) 2 (4) Section 12I(5), as renumbered, `subsection (6)'-- 3 omit, insert-- 4 `subsection (5)'. 5 (5) Section 12I(5), as renumbered-- 6 insert-- 7 8 `Note-- 9 There is a right of appeal to a building and development tribunal against 10 the decision on the application or a failure to decide the application. See 11 IPA, section 4.2.12A.66'. Clause 15 Amendment of s 12J (Advice as to conformity with fire 12 safety standard) 13 (1) Section 12J(2)(b) `written notice'-- 14 omit, insert-- 15 `notice'. 16 (2) Section 12J(3), from `must state'-- 17 omit, insert-- 18 `must be, or include, an information notice about the 19 decision.'. 20 Clause 16 Omission of s 12K (Appeals about conformity with fire 21 safety standard) 22 Section 12K-- 23 omit. 24 Clause 17 Amendment of s 12L (Stay of operation of local 25 government decision) 26 Section 12L, `section 12K(1)(a)'-- 27 66 IPA, section 4.2.12A (Appeals for building and plumbing and drainage matters)

s 18 115 s 22 Building and Other Legislation Amendment Bill 2006 omit, insert-- 1 `section 12J(3)'. 2 Clause 18 Amendment of s 12M (Local government decisions) 3 Section 12M(1), `written notice'-- 4 omit, insert-- 5 `notice'. 6 Clause 19 Amendment of pt 2A, div 4, hdg (All budget 7 accommodation buildings) 8 Part 2A, division 4, heading, `Division 4'-- 9 omit, insert-- 10 `Part 4'. 11 Clause 20 Amendment of s 12N (Application of div 4) 12 (1) Section 12N, heading `div 4'-- 13 omit, insert-- 14 `pt 4'. 15 (2) Section 12N, `division'-- 16 omit, insert-- 17 `part'. 18 Clause 21 Amendment of s 12O (Obligation about fire safety 19 management plan) 20 Section 12O(1)(a), `, under section 12Q(2),'-- 21 omit. 22 Clause 22 Omission of s 12Q (Development approval for building 23 work for budget accommodation buildings) 24 Section 12Q-- 25 omit. 26

s 23 116 s 24 Building and Other Legislation Amendment Bill 2006 Clause 23 Amendment of pt 2A, div 5, hdg (Miscellaneous) 1 Part 2A, division 5, heading, `Division 5'-- 2 omit, insert-- 3 `Part 5'. 4 Clause 24 Insertion of new ss 12SA and 12SB 5 Chapter 7, part 5, as renumbered under section 23, after 6 section 12S-- 7 insert-- 8 `12SA Local government's fire safety record-keeping 9 obligations 10 `A local government must keep the following records until the 11 building to which the record relates is demolished or 12 removed-- 13 (a) for each application made to the local government under 14 section 12I--all documents relating to the application; 15 (b) for each inspection made by the local government under 16 section 12R--a record of the inspection.67 17 `12SB Owner's fire safety record-keeping obligation 18 `(1) The owner of a budget accommodation building to which 19 section 12R68 applies must, as required under this section, 20 keep complete and accurate records for the building showing 21 the owner is complying with the fire safety standard. 22 Maximum penalty--20 penalty units. 23 `(2) The records must include-- 24 67 Sections 12I (Approval of longer period for conformity with fire safety standard) and 12R (Random inspection of buildings for which development approval is given) 68 Section 12R (Random inspection of buildings for which development approval is given)

s 25 117 s 26 Building and Other Legislation Amendment Bill 2006 (a) if the building work for the building involved an 1 alternative solution, within the meaning of the BCA69-- 2 the records required under the alternative solution; and 3 (b) if the local government imposes conditions on an 4 approval given under section 12I(3)70--details of how 5 the building complies with the conditions. 6 `(3) The records must be kept until the building is demolished or 7 removed, unless the owner has a reasonable excuse.'. 8 Clause 25 Replacement of pt 3, hdg (Swimming pool fencing) 9 Part 3, heading-- 10 omit, insert-- 11 `Chapter 8 Swimming pool fencing 12 13 Note-- 14 For appeals in relation to this chapter, see IPA, section 4.2.12A. '. 71 Clause 26 Amendment of s 12T (Definitions for pt 3) 15 (1) Section 12T, heading, `pt 3'-- 16 omit, insert-- 17 `ch 8'. 18 (2) Section 12T, `part'-- 19 omit, insert-- 20 `chapter'. 21 69 BCA, part A1 (Interpretation), section A1.1 (Definitions)-- Alternative Solution means a Building Solution which complies with the Performance Requirements other than by reason of satisfying the Deemed-to-Satisfy Provisions. 70 Section 12I (Approval of longer period for conformity with fire safety standard) 71 IPA, section 4.2.12A (Appeals for building and plumbing and drainage matters)

s 27 118 s 29 Building and Other Legislation Amendment Bill 2006 Clause 27 Omission of s 13 (Local law for fencing of swimming 1 pools) 2 Section 13-- 3 omit. 4 Clause 28 Amendment of s 16D (Steps to be taken after application 5 decided) 6 (1) Section 16D(1), `written notice of'-- 7 omit, insert-- 8 `an information notice about'. 9 (2) Section 16D(2)-- 10 omit. 11 (3) Section 16D(3) to (5)-- 12 renumber as section 16D(2) to (4). 13 (4) Section 16D(4), as renumbered, `subsection (5)'-- 14 omit, insert-- 15 `subsection (4)'. 16 (5) Section 16D(4), as renumbered-- 17 insert-- 18 19 `Note-- 20 There is a right of appeal to a building and development tribunal against 21 the decision on the application or a failure to decide the application. See 22 IPA, section 4.2.12A.72'. Clause 29 Amendment of s 16E (Revocation of exemption) 23 (1) Section 16E(1)(b)(ii), `section 16D(4)'-- 24 omit, insert-- 25 `section 16D(3)'. 26 (2) Section 16E(3), `written notice'-- 27 72 IPA, section 4.2.12A (Appeals for building and plumbing and drainage matters)

s 30 119 s 31 Building and Other Legislation Amendment Bill 2006 omit, insert-- 1 `notice'. 2 (3) Section 16E(4), `must specify'-- 3 omit, insert-- 4 `must be, or be accompanied by, an information notice about 5 the decision to give the notice and state'. 6 Clause 30 Insertion of new s 16F 7 After section 16E-- 8 insert-- 9 `16F Register of exemptions 10 `The local government must-- 11 (a) keep a register of exemptions it grants under this chapter 12 that are still in force; and 13 (b) make the register available for inspection and purchase 14 as if it were a document that, under IPA, chapter 5, part 15 7,73 the local government must make available for 16 inspection and purchase.'. 17 Clause 31 Amendment of s 17 (Advice as to compliance) 18 (1) Section 17(2)(b), `written notice of'-- 19 omit, insert-- 20 `an information notice about'. 21 (2) Section 17(3), before `advise'-- 22 omit, insert-- 23 `(3) The information notice must also'. 24 73 IPA, chapter 5, part 7 (Public access to planning and development information)

s 32 120 s 34 Building and Other Legislation Amendment Bill 2006 Clause 32 Omission of s 20 (Appeals about swimming pool fencing) 1 Section 20-- 2 omit. 3 Clause 33 Replacement of pt 4, hdg (Show cause and enforcement 4 notices) 5 Part 4, heading-- 6 omit, insert-- 7 `Chapter 9 Show cause and 8 enforcement notices 9 10 Note-- 11 For who may decide whether enforcement action ought to be taken for a 12 building development approval, see sections 5E and 6P74 and IPA, 13 chapter 4, part 3, divisions 2 and 3.75'. Clause 34 Amendment of s 22 (Enforcement notices) 14 (1) Section 22(3)-- 15 omit. 16 (2) Section 22(4) and (5), `or private certifier'-- 17 omit. 18 (3) Section 22(6), `the Integrated Planning Act 1997'-- 19 omit, insert-- 20 `IPA'. 21 (4) Section 22(4) to (6)-- 22 renumber as section 22(3) to (5). 23 74 Sections 5E (What is a building certifying function) and 6P (Functions of private certifier (class A)) 75 IPA, chapter 4, part 3, divisions 2 (Show cause notices) and 3 (Enforcement notices)

s 35 121 s 40 Building and Other Legislation Amendment Bill 2006 Clause 35 Amendment of s 23 (Specific requirements of 1 enforcement notices) 2 Section 23(1)(a), `under the Integrated Planning Act 1997'-- 3 omit. 4 Clause 36 Amendment of s 24 (Appeals against enforcement 5 notices) 6 Section 24(1), `the Integrated Planning Act 1997'-- 7 omit, insert-- 8 `IPA'. 9 Clause 37 Amendment of s 25 (Register of notices given) 10 Section 25(1), `open to inspection by the public'-- 11 omit. 12 Clause 38 Omission of pt 5 (Accreditation and provisions about 13 building certifiers) 14 Part 5-- 15 omit. 16 Clause 39 Relocation and renumbering of pt 5A (Complaints, 17 investigations and disciplinary proceedings relating to 18 building certifiers) 19 Part 5A-- 20 relocate to chapter 6, as inserted under this Act, and renumber 21 as chapter 6, part 4. 22 Clause 40 Amendment of s 34 (Building certifier must be advised of 23 complaint) 24 Section 34(1), `written notice'-- 25 omit, insert-- 26 `notice'. 27

s 41 122 s 44 Building and Other Legislation Amendment Bill 2006 Clause 41 Amendment of s 34A (BSA may recommend mediation to 1 resolve complaint) 2 Section 34A(1), `written notice'-- 3 omit, insert-- 4 `notice'. 5 Clause 42 Amendment of s 34B (Mediation process) 6 Section 34B(2)(d), `written notice'-- 7 omit, insert-- 8 `notice'. 9 Clause 43 Amendment of s 36 (BSA may require documents to be 10 produced) 11 Section 36(1), `written notice'-- 12 omit, insert-- 13 `notice'. 14 Clause 44 Insertion of new ss 36A and 36B 15 After section 36-- 16 insert-- 17 `36A Issue of identity card to auditor 18 `(1) BSA must issue an identity card to each auditor. 19 `(2) The identity card must-- 20 (a) contain a recent photo of the auditor; and 21 (b) contain a copy of the auditor's signature; and 22 (c) identify the person as an approved auditor under this 23 Act; and 24 (d) state an expiry date for the card. 25 `(3) This section does not prevent the issue of a single identity 26 card to a person for this Act and other purposes. 27

s 45 123 s 45 Building and Other Legislation Amendment Bill 2006 `36B Production or display of identity card 1 `(1) In exercising a power under this Act in relation to another 2 person, an auditor must-- 3 (a) produce his or her identity card for the person's 4 inspection before exercising the power; or 5 (b) have the identity card displayed so it is clearly visible to 6 the person when exercising the power. 7 `(2) However, if it is not practicable to comply with subsection (1), 8 the auditor must produce the identity card for the person's 9 inspection at the first reasonable opportunity.'. 10 Clause 45 Amendment of s 38 (Power to enter and inspect building) 11 (1) Section 38, heading, `building'-- 12 omit, insert-- 13 `building site relating to complaint or audit'. 14 (2) Section 38(1), `building'-- 15 omit, insert-- 16 `building site to which the complaint or audit relates'. 17 (3) Section 38(2)(a), (3), (6) and (7)(a), `building'-- 18 omit, insert-- 19 `building site'. 20 (4) Section 38(2)-- 21 insert-- 22 `(c) done when building work is being carried out at the 23 building site.'. 24 (5) Section 38(3) to (7)-- 25 renumber as section 38(5) to (9). 26 (6) Section 38-- 27 insert-- 28 `(3) However, an entry and inspection carried out only under 29 subsection (2)(c) must not include a part of a building in 30 which a person resides. 31

s 46 124 s 47 Building and Other Legislation Amendment Bill 2006 `(4) For the purpose of asking the person in control of the building 1 site for consent to enter, the auditor may, without the person's 2 consent or a warrant enter the site to the extent that is 3 reasonable to contact the person.'. 4 Clause 46 Insertion of new s 38A 5 After section 38-- 6 insert-- 7 `38A Procedure before entry 8 `(1) This section applies if an auditor is, under section 38, 9 intending to enter a building site, other than to the extent 10 mentioned in section 38(4). 11 `(2) Before entering the building site, the auditor must do or make 12 a reasonable attempt to do each of the following things-- 13 (a) identify himself or herself to a person present at the 14 building site who is an occupier of the building site, in 15 the way stated in section 36B; 16 (b) if the entry is being made under a warrant--give the 17 person a copy of the warrant; 18 (c) tell the person the auditor is, under section 38, permitted 19 to enter the building site; 20 (d) give the person an opportunity to allow the auditor 21 immediate entry to the building site without using force. 22 `(3) However, the auditor need not comply with subsection (2) if 23 the auditor believes on reasonable grounds that complying 24 with the subsection may frustrate or otherwise prevent the 25 investigation of the complaint or the conduct of the audit.'. 26 Clause 47 Amendment of s 40 (Decision after investigation or audit 27 completed) 28 (1) Section 40(2), `written notice of the decision'-- 29 omit, insert-- 30 `an information notice about the decision'. 31

s 48 125 s 50 Building and Other Legislation Amendment Bill 2006 (2) Section 40(3)-- 1 omit, insert-- 2 `(3) If BSA is aware that the building certifier is employed or has 3 been appointed by someone else to perform building or 4 private certifying functions, it must give the employer or 5 appointor a copy of the notice.'. 6 (3) Section 40(5)(a), `written notice of'-- 7 omit, insert-- 8 `an information notice about'. 9 (4) Section 40(7)-- 10 omit. 11 (5) Section 40(8) to (10)-- 12 renumber as section 40(7) to (9). 13 (6) Section 40(9), as renumbered-- 14 insert-- 15 `assessable development see IPA, schedule 10.'. 16 Clause 48 Amendment of s 41B (Representations and decision) 17 Section 41B(3), `written notice'-- 18 omit, insert-- 19 `notice'. 20 Clause 49 Amendment of pt 6, hdg (General provisions) 21 Part 6, heading, `Part 6'-- 22 omit, insert-- 23 `Chapter 10'. 24 Clause 50 Omission of s 47 (Giving security in certain cases) 25 Section 47-- 26 omit. 27

s 51 126 s 54 Building and Other Legislation Amendment Bill 2006 Clause 51 Amendment of s 48 (Information to be supplied by the 1 State) 2 Section 48, `the Integrated Planning Act 1997'-- 3 omit, insert-- 4 `IPA'. 5 Clause 52 Omission of s 49 (Owner liable for offences under 6 Standard Building Regulation) 7 Section 49-- 8 omit. 9 Clause 53 Amendment of s 50 (Prosecution of offences) 10 (1) Section 50(1), from `(including' to `area)'-- 11 omit. 12 (2) Section 50(2)-- 13 omit, insert-- 14 `(2) The person who may, for an offence against this Act, make a 15 complaint is-- 16 (a) for an offence against chapter 6--the general manager 17 of BSA; or 18 (b) for another offence--a local government or a person 19 authorised by a local government.'. 20 (3) Section 50(4)(b)(i), `part 5 or 5A'-- 21 omit, insert-- 22 `chapter 6'. 23 Clause 54 Insertion of new ss 51A to 51C 24 `After section 51-- 25 insert-- 26 `51A Guidelines 27 `The chief executive may make guidelines for matters within 28 the scope of this Act to help compliance with this Act. 29

s 54 127 s 54 Building and Other Legislation Amendment Bill 2006 `51B Access to guidelines 1 `The chief executive must make any guidelines under section 2 12D or 51A available for inspection and purchase as if they 3 were a document that, under IPA, chapter 5, part 7,76 the chief 4 executive must make available for inspection and purchase. 5 `51C Evidentiary aids 6 `(1) This section applies to a proceeding under, or in relation to, 7 this Act or the Queensland Building Services Authority Act 8 1991. 9 `(2) A certificate purporting to be signed by the general manager 10 of BSA stating any of the following matters is evidence of the 11 matter-- 12 (a) a stated document is a copy of, or an extract from or part 13 of-- 14 (i) a licence; or 15 (ii) the register; or 16 (iii) the BCA; or 17 (iv) the QDC; or 18 (v) another document kept or made under this Act; 19 (b) an edition of the BCA was the current edition of the 20 BCA at a stated time or during a stated period; 21 (c) a particular version of the QDC was in force at a stated 22 time or during a stated period; 23 (d) a particular part of the QDC was in force at a stated time 24 or during a stated period; 25 (e) on a stated day, or during a stated period, a licence-- 26 (i) was, or was not in force; or 27 (ii) was, or was not, subject to a stated condition; or 28 (iii) was, or was not, cancelled or suspended.'. 29 76 IPA, chapter 5, part 7 (Public access to planning and development information)

s 55 128 s 59 Building and Other Legislation Amendment Bill 2006 Clause 55 Amendment of s 52 (Regulation-making power) 1 (1) Section 52(2)(a) to (c)-- 2 renumber as section 52(2)(e) to (h). 3 (2) Section 52(2)-- 4 insert-- 5 `(a) building work; and 6 (b) the occupation of buildings; and 7 (c) the performance of building certifying functions and 8 private certifying functions; and 9 (d) the licensing of building certifiers; and'. 10 Clause 56 Omission of s 53 (Day when Standard Building 11 Regulation was made for Statutory Instruments Act 1992) 12 Section 53-- 13 omit. 14 Clause 57 Amendment of pt 7, hdg (Savings and transitional 15 provisions) 16 Part 7, heading, `Part 7'-- 17 omit, insert-- 18 `Chapter 11'. 19 Clause 58 Amendment of pt 7, div 1, hdg (Transitional provision for 20 Local Government Act 1993) 21 Part 7, division 1, heading, `Division 1'-- 22 omit, insert-- 23 `Part 1'. 24 Clause 59 Amendment of pt 7, div 2, hdg (Transitional provisions for 25 Building and Integrated Planning Amendment Act 1998) 26 Part 7, division 2, heading, `Division 2'-- 27

s 60 129 s 64 Building and Other Legislation Amendment Bill 2006 omit, insert-- 1 `Part 2'. 2 Clause 60 Amendment of s 55 (References to Standard Building 3 Law etc.) 4 Section 55, from `or the Standard Building Law'-- 5 omit, insert-- 6 `, Standard Building Law or the repealed Standard Building 7 Regulation 1993 is a reference to this Act.'. 8 Clause 61 Amendment of s 56 (Existing referees) 9 Section 56, `the Integrated Planning Act 1997'-- 10 omit, insert-- 11 `IPA'. 12 Clause 62 Amendment of s 57 (Existing registrar) 13 Section 57, `the Integrated Planning Act 1997'-- 14 omit, insert-- 15 `IPA'. 16 Clause 63 Amendment of s 58 (Lawfully constructed buildings and 17 structures protected) 18 Section 58, from `the Standard Building Regulation' to 19 `altered or removed'-- 20 omit, insert-- 21 `it can not be altered or removed under this Act'. 22 Clause 64 Amendment of pt 7, div 3, hdg (Transitional provisions for 23 Building Amendment Act 2003) 24 Part 7, division 3, heading, `Division 3'-- 25 omit, insert-- 26 `Part 3'. 27

s 65 130 s 68 Building and Other Legislation Amendment Bill 2006 Clause 65 Amendment of s 58A (Definitions for div 3) 1 (1) Section 58A, `div 3'-- 2 omit, insert-- 3 `pt 3'. 4 (2) Section 58A, `division'-- 5 omit, insert-- 6 `part'. 7 Clause 66 Amendment of pt 8, hdg (Transitional provisions for 8 Plumbing and Drainage Act 2002) 9 Part 8, heading, `Part 8'-- 10 omit, insert-- 11 `Part 4'. 12 Clause 67 Amendment of s 60 (Definitions for pt 8) 13 Section 60, `pt 8'-- 14 omit, insert-- 15 `pt 4'. 16 Clause 68 Amendment of s 61 (Swimming pool fences for existing 17 tourist resort complexes exempted) 18 (1) Section 61(1)(a), `is specified under a regulation'-- 19 omit, insert-- 20 `was, under section 4 and schedule 2 of the repealed Building 21 Regulation 2003, specified for section 13(3)(a) as in force 22 immediately before the commencement'. 23 (2) Section 61(2), from `continues'-- 24 omit, insert-- 25 `is not land prescribed under a regulation as land to which this 26 subsection is no longer to apply.'. 27

s 69 131 s 69 Building and Other Legislation Amendment Bill 2006 (3) Section 61-- 1 insert-- 2 `(3) In this section-- 3 tourist resort complex means a complex that operates as a 4 single integrated facility providing all, or substantially all, the 5 recreational and personal needs of guests resident at the 6 complex and visitors at the complex.'. 7 Clause 69 Insertion of new ch 11, pt 5 and schedule 1 8 After section 65-- 9 insert-- 10 `Part 5 Transitional provisions for 11 Building and Other Legislation 12 Amendment Act 2006 13 `66 Undecided building development applications 14 `A building development application must be decided as if the 15 Building and Other Legislation Amendment Act 2006 had not 16 been enacted if-- 17 (a) the application is a properly made application; and 18 (b) immediately before the commencement of this section 19 the application had not been decided. 20 `66A Consequential amendments to the QDC 21 `Section 5H(3) does not apply to an amendment to the QDC 22 under section 5H(2) if the amendment is consequential to the 23 Building and Other Legislation Amendment Act 2006 or the 24 repeal of the Standard Building Regulation 1993. 25 26 Examples-- 27 amendments to the QDC to omit redundant references to the repealed 28 regulation or replace references to provisions of the regulation with 29 provisions of the Act that correspond, or substantially correspond, to 30 them

s 69 132 s 69 Building and Other Legislation Amendment Bill 2006 `67 Consequential amendments to code of conduct 1 `Section 9P(3) does not apply to an amendment of the code of 2 conduct if the amendment is consequential to the Building and 3 Other Legislation Amendment Act 2006 or the repeal of the 4 Standard Building Regulation 1993. 5 6 Examples-- 7 amendments to the code to omit redundant references to the repealed 8 regulation or replace references to provisions of the regulation with 9 provisions of the Act that correspond, or substantially correspond, to 10 them `68 Local government building surveying technicians 11 `(1) This section applies if-- 12 (a) a building surveying technician was, immediately before 13 21 October 2003, employed by a local government as a 14 building certifier; and 15 (b) the local government is a designated local government 16 under section 10N. 17 `(2) Despite section 10N(1)(a),77 the building surveying technician 18 may, until 20 October 2010, perform building certifying 19 functions on the buildings or structures mentioned in that 20 paragraph. 21 `69 Amendment to renumber 22 `(1) On the commencement of this section, the provisions of this 23 Act are amended by numbering and renumbering them in the 24 same way as a reprint may be numbered and renumbered 25 under the Reprints Act 1992, section 43.78 26 `(2) Subsection (1) applies to a provision of this Act enacted or 27 otherwise affected (a relevant provision) by a provision of an 28 amending Act enacted but uncommenced when subsection (1) 29 is commenced (the uncommenced provision), with the 30 following intent for the relevant provision-- 31 77 Section 10N (Role of building surveying technician) 78 Reprints Act 1992, section 43 (Numbering and renumbering of provisions)

s 69 133 s 69 Building and Other Legislation Amendment Bill 2006 (a) if the number of the relevant provision would have 1 changed under subsection (1) had the uncommenced 2 provision commenced-- 3 (i) a number is allocated to the relevant provision as if 4 the uncommenced provision had commenced; and 5 (ii) when the uncommenced provision commences, the 6 number of the relevant provision is amended by 7 omitting it and inserting the number allocated to it 8 under subparagraph (i); 9 (b) if the relevant provision would have been omitted or 10 relocated had the uncommenced provision commenced, 11 its number remains the same as it was before the 12 commencement of subsection (1) until the omission or 13 relocation takes effect. 14 `(3) Each reference in this Act, and each of the following 15 references in another Act to a provision of this Act 16 renumbered under subsection (1), is amended, when the 17 renumbering happens, by omitting the reference to the 18 previous number and inserting the new number-- 19 (a) the Fire and Rescue Service Act 1990, sections 104FB 20 and 104FH and schedule 6, definitions budget 21 accommodation building and Fire Safety Standard; 22 (b) the Integrated Planning Act 1997, section 5.7.2 and 23 schedule 10, definition building assessment provisions; 24 (c) the Local Government Act 1993, sections 761, 807 and 25 1082; 26 (d) the Public Health (Infection Control for Personal 27 Appearance Services) Act 2003, schedule 2, definition 28 Queensland Development Code; 29 (e) the Queensland Building Services Authority Act 1991, 30 schedule 2, definition Building Code of Australia; 31 (f) the Residential Services (Accreditation) Act 2002, 32 schedule 2, definition budget accommodation building. 33

s 69 134 s 69 Building and Other Legislation Amendment Bill 2006 `(4) This section does not limit the operation of the Acts 1 Interpretation Act 1954, section 14H,79 including, for 2 example, the operation of that Act in relation to a provision 3 that is not mentioned in subsection (3). 4 `(5) This section expires on the day after it commences. 5 `(6) This section does not limit the Reprints Act 1992. 6 `(7) In this section-- 7 amending Act means an Act that amends this Act. 8 `Schedule 1 The QDC as at the 9 commencement of s 5H 10 section 5H(1) 11 Part or aspect Date published by department 1--Workplaces 23 August 2002 2--Workplaces involving spray painting 23 August 2002 3--Detention centres 23 August 2002 4--Retail meat premises 23 August 2002 7--Private health facilities 23 August 2002 11--Design and siting standard for single detached 1 March 2006 housing on lots under 450m2 (aspects that are about boundary clearances and site cover only) 12--Design and siting standard for single detached 1 March 2006 housing on lots 450m2 and over (aspects that are about boundary clearances and site cover only) 14--Fire safety in budget accommodation 22 August 2005 buildings 15--Higher risk personal appearance services 1 July 2004 79 Acts Interpretation Act 1954, section 14H (References taken to be included in reference to law)

s 70 135 s 70 Building and Other Legislation Amendment Bill 2006 Part or aspect Date published by department 20--Residential services building standard 23 August 2002 21--Pastoral Workers' Accommodation 1 July 2003 22--Child care centres 23 November 2005 28--Tents 2 April 2004 29--Sustainable buildings 1 March 2006'. Clause 70 Amendment of schedule (Dictionary) 1 (1) Schedule, words before `accreditation standards body', first 2 mention-- 3 omit, insert-- 4 `Schedule 2 Dictionary 5 section 4'. 6 (2) Schedule, definitions accreditation standards body, 7 assessment manager, building, building certifier, building 8 certifying function, Building Code of Australia, building work, 9 code of conduct, complaint, former building certifier, local 10 government, national accreditation framework, private 11 certifier, register, show cause notice, show cause period, 12 Standard Building Regulation and tourist resort complex-- 13 omit. 14 (3) Schedule-- 15 insert-- 16 `accreditation standards body see section 11Q(1). 17 advice agency means an advice agency under IPA. 18 AIBS means the Australian Institute of Building Surveyors. 19 allotment means a separate, distinct parcel of land on which a 20 building is to be built, or is built. 21 alterations, to an existing building or structure, includes 22 additions to the building or structure. 23

s 70 136 s 70 Building and Other Legislation Amendment Bill 2006 alternative solution means a material, system, method of 1 building or other thing, other than the following, intended to 2 be used by a person to comply with relevant performance 3 requirements-- 4 (a) if the relevant performance requirements are under the 5 BCA--a building solution under the BCA that complies 6 with the deemed-to-satisfy provisions under the BCA 7 for the performance requirements; 8 (b) if the relevant performance requirements are under the 9 QDC--an acceptable solution under the QDC for the 10 performance requirements. 11 another relevant Act means any of the following-- 12 (a) IPA; 13 (b) Queensland Building Services Authority Act 1991; 14 (c) Building and Construction Industry (Portable Long 15 Service Leave) Act 1991; 16 (d) a law of another State or New Zealand that provides for 17 the same matter as this Act or a provision of this Act. 18 appropriately licensed for-- 19 (a) a building certifying function--means licensed under 20 chapter 6, part 3, division 1 at a level that allows the 21 licensee to carry out that function; or 22 (b) a private certifying function--means licensed as 23 mentioned in paragraph (a) and endorsed under chapter 24 6, part 3, division 3, in a way that allows the licensee to 25 carry out that function. 26 approval documents, for a building development application, 27 means each of the following-- 28 (a) the decision notice or negotiated decision notice for the 29 application; 30 (b) a copy of the plans, drawings and specifications and 31 other documents and information lodged by the 32 applicant, stamped approved or otherwise endorsed by 33 the assessment manager; 34 (c) a list of required fire safety installations and required 35 special fire services applying to the building work; 36

s 70 137 s 70 Building and Other Legislation Amendment Bill 2006 (d) certificates relied on to decide the application; 1 (e) a list, in the approved form, of any of the following 2 information relied on to decide the application-- 3 (i) the physical characteristics and location of 4 infrastructure related to the application; 5 (ii) local government easements, encumbrances or 6 estates or interests in land likely to be relevant to 7 the application; 8 (iii) site characteristic information likely to affect the 9 assessment of the application; 10 11 Examples-- 12 � design levels of proposed road or footway works 13 � design or location of stormwater connections 14 � design or location of vehicle crossings 15 � details of any heritage listed buildings 16 � discharge of swimming pool backwash water 17 � flood level information 18 � limitations on driveway gradients 19 � limitations on the capacity of sewerage, stormwater 20 and water supply services 21 � location of any erosion control districts 22 � location of contaminated land 23 � location of land-slip areas 24 � location of mine subsidence areas (f) if the application relates to building work that uses an 25 alternative solution--a notice of reasons for any 26 approval. 27 assessment manager see section 5F. 28 assistant building surveyor means a building certifier who, 29 under section 10K, is licensed as an assistant building 30 surveyor. 31 BCA see section 5G. 32 BCA classification, for a building, means its classification 33 under BCA. 34

s 70 138 s 70 Building and Other Legislation Amendment Bill 2006 1 Note-- 2 For the classifications under the BCA, see BCA, part A3. BCA classification change see section 8W. 3 budget accommodation building see section 12B. 4 building-- 5 1 A building is a fixed structure that is wholly or partly 6 enclosed by walls and is roofed. 7 2 The term includes a floating building and any part of a 8 building. 9 building assessment provisions see section 5Y(1). 10 building assessment work see section 5B. 11 building certifier see section 5C. 12 building certifying function see section 5E. 13 Building Code of Australia see section 5G. 14 building development application see section 5A. 15 building development approval means a development 16 approval to the extent it is for building work. 17 building site means a place where building work has been, is 18 being, or is about to be, carried out. 19 building surveying technician means a building certifier who, 20 under section 10K, is licensed as a building surveying 21 technician. 22 building surveyor means a building certifier who, under 23 section 10K, is licensed as a building surveyor. 24 building work see section 5. 25 certificate of classification-- 26 1 a certificate of classification, for a building or structure, 27 is a certificate about its BCA classification, given under 28 chapter 5, that, under section 8T, is still in force. 29 2 The term includes an interim certificate of classification 30 given under section 8R. 31 certificate requirements see section 8P(2). 32

s 70 139 s 70 Building and Other Legislation Amendment Bill 2006 certify, for building work, means certifying, under this Act, 1 that the work complies with the building development 2 approval. 3 class, for a building or structure, means its particular BCA 4 classification. 5 client, of a private certifier, see section 9Y(5). 6 code of conduct see section 9P(1). 7 complaint, for chapter 6, means a complaint made under 8 chapter 6, part 4 about a building certifier or former building 9 certifier. 10 compliance certificate see section 5E(b). 11 complies, with the BCA or QDC, see section 5I. 12 concurrence agency means a concurrence agency under IPA. 13 condition time, for chapter 4, part 7, division 2, see section 14 8H(1). 15 convicted, of a relevant offence-- 16 1 Convicted, of a relevant offence, is a conviction, other 17 than a spent conviction, for an offence-- 18 (a) under this Act or another relevant Act; or 19 (b) involving fraud or dishonesty; or 20 (c) against a law of another State if the act or omission 21 that constitutes the offence would, if it happens in 22 Queensland, be an offence under this Act or 23 another relevant Act; or 24 (d) committed anywhere in Australia before this 25 section commenced that, apart from the 26 non-commencement of this section, would have 27 been an offence mentioned in paragraph (a) or (b). 28 2 For paragraph 1-- 29 (a) a conviction includes a finding of guilt, or the 30 acceptance of a plea of guilty, by a court, whether 31 or not a conviction is recorded; and 32 (b) a spent conviction is a conviction-- 33

s 70 140 s 70 Building and Other Legislation Amendment Bill 2006 (i) for which the rehabilitation period under the 1 Criminal Law (Rehabilitation of Offenders) 2 Act 1986 has expired under that Act; and 3 (i) that is not revived as prescribed by section 11 4 of that Act. 5 decision notice, for a development application, means a 6 decision notice under IPA, section 3.5.15. 7 demolition/removal completion condition see section 7L(4). 8 development approval endorsement see section 10T(b). 9 enforcement action means the giving, under chapter 9, of a 10 show cause notice and an enforcement notice and taking 11 action under IPA, chapter 4 part 3, divisions 2 and 3.80 12 engagement, of a private certifier, see section 9Y(4). 13 final inspection certificate, for building work, see section 14 5E(d)(ii). 15 fire safety installation-- 16 1 A fire safety installation, for a building or structure, 17 means any of the following items for the building or 18 structure-- 19 (a) structural features-- 20 � access panels through fire-rated construction 21 � fire control centres 22 � fire curtains 23 � fire dampers 24 � fire shutters and fire doors 25 � fire windows 26 � penetrations through fire-rated construction 27 � structural fire protection 28 � systems required to have a fire-resistance 29 level 30 80 IPA, chapter 4, part 3 (Development offences, notices and orders)

s 70 141 s 70 Building and Other Legislation Amendment Bill 2006 (b) fire protection systems-- 1 � air-handling systems 2 � fire detection and alarm systems 3 � smoke and heat venting systems 4 � smoke exhaust systems 5 � special automatic fire suppression systems 6 (including foam, deluge and gas flooding 7 systems) 8 � sprinklers (including wall-wetting 9 sprinklers) 10 � stairwell pressurisation systems 11 (c) fire fighting equipment-- 12 � fire extinguishers (portable) 13 � fire hose reels 14 � fire hydrants (including hydrant boosters) 15 � fire mains 16 (d) occupant safety features-- 17 � emergency lifts 18 � emergency lighting 19 � emergency power supply 20 � emergency warning and intercommunication 21 systems 22 � exit door hardware 23 � exit signs 24 � fire doors 25 � smoke proof doors 26 � solid core doors 27 (e) other features-- 28 � services provided under conditions imposed 29 under section 7T 30

s 70 142 s 70 Building and Other Legislation Amendment Bill 2006 � services required under BCA, clause E1.10 1 � vehicular access for large isolated buildings. 2 2 However, the term does not include interconnected 3 alarms in budget accommodation buildings to which 4 chapter 7, part 3 applies. 5 fire safety standard see section 12C(1). 6 fire safety system, for chapter 7, see section 12A. 7 floor area, for a building, means the gross area of all floors in 8 the building measured over the enclosing walls other than the 9 area of a verandah, roofed terrace, patio, garage or carport in 10 or attached to the building. 11 former building certifier means an individual who-- 12 (a) was a building certifier when a building certifying 13 function, the subject of a complaint, was performed; but 14 (b) is not licensed when-- 15 (i) the complaint, or the decision taken about the 16 complaint under section 40(1), is made; or 17 (ii) the Commercial and Consumer Tribunal makes an 18 order under section 45A. 19 IDAS means the system detailed in IPA, chapter 3, for 20 integrating State and local government assessment and 21 approval processes for development. 22 imposed condition see section 7J(4). 23 information notice, about a decision, means a notice 24 stating-- 25 (a) the decision, and the reasons for it; and 26 (b) all rights of appeal against the decision under this Act or 27 IPA; and 28 (c) how the rights are to be exercised. 29 inspection documentation, for inspection of building work, 30 means the following documents given for the building work-- 31 (a) a compliance certificate; 32

s 70 143 s 70 Building and Other Legislation Amendment Bill 2006 (b) a notice, given to the builder for the work by or for the 1 building certifier about an inspection of the work; 2 (c) a certificate about an inspection under this Act; 3 (d) a final inspection certificate; 4 (e) a certificate of classification; 5 (f) a certificate relating to the inspection of the building 6 work relied on by the relevant building certifier. 7 IPA means the Integrated Planning Act 1997. 8 IPA Regulation means the Integrated Planning Regulation 9 1998. 10 licence means a licence as a building certifier, issued under 11 chapter 6, part 3. 12 licensed builder means a licensed builder under the 13 Queensland Building Services Authority Act 1991. 14 local government building certifier for-- 15 (a) a building--means a building certifier appointed or 16 employed by the local government for the building; or 17 (b) a building development application or development 18 approval--means a building certifier appointed or 19 employed by the local government for the application or 20 approval. 21 negotiated decision notice see IPA, section 3.5.17(2).81 22 notice means a written notice. 23 performance requirements means any of the following-- 24 (a) the performance requirements under the BCA; 25 (b) the performance criteria under the QDC; 26 (c) a requirement for the assessment of building work for 27 which a discretion may need to be exercised under this 28 Act. 29 planning scheme see IPA, section 2.1.1. 30 81 IPA, section 3.5.17 (Changing conditions and other matters during the applicant's appeal period)

s 70 144 s 70 Building and Other Legislation Amendment Bill 2006 private certification endorsement see section 10T(a). 1 private certifier see section 5D(1). 2 private certifier (class A) see section 5D(2). 3 private certifier (class B) see section 5D(3). 4 private certifier employer see section 9Y(1)(b). 5 private certifying functions see section 6O(3). 6 properly made application, for a building development 7 application, means a building development application that-- 8 (a) is a properly made development application under IPA; 9 and 10 (b) complies with any relevant additional requirements 11 under chapter 3 for building development applications. 12 QDC see section 5H. 13 QDC boundary clearance and site cover provisions means 14 the aspects of the QDC, parts 11 and 12 that are about 15 boundary clearances and site cover. 16 QFRS means the Queensland Fire and Rescue Service 17 established under the Fire and Rescue Service Act 1990. 18 Queensland Development Code see section 5H. 19 referral agency means a referral agency under IPA. 20 register, when used as a noun, means the register of building 21 certifiers that BSA keeps under section 11L. 22 self-assessable building work see section 5P(1). 23 show cause notice, for-- 24 (a) chapter 6, part 3--see section 11H(1); or 25 (b) chapter 9--see section 21(1). 26 show cause period, for-- 27 (a) chapter 6, part 3--see section 11H(2)(f); or 28 (b) chapter 6, part 4--see section 41A(2)(c). 29 site works means each of the following-- 30

s 70 145 s 70 Building and Other Legislation Amendment Bill 2006 (a) building work of a type mentioned in section 5(1)(b) or 1 (c); 2 (b) drainage for the building work, other than drainage that 3 is plumbing work or drainage work under the Plumbing 4 and Drainage Act 2002. 5 special fire service means any of the following-- 6 (a) fire mains (other than fire mains that connect only fire 7 hose reels; 8 (b) fire hydrants; 9 (c) sprinklers (including wall-wetting sprinklers); 10 (d) special automatic fire suppression systems (including 11 foam, deluge and gas flooding systems); 12 (e) fire detection and alarm systems (other than stand-alone 13 smoke alarms not required to be interconnected or 14 connected to a fire indicator panel); 15 (f) fire control centres; 16 (g) stairwell pressurisation systems; 17 (h) air-handling systems used for smoke control; 18 (i) smoke and heat venting systems; 19 (j) smoke exhaust systems; 20 (k) emergency warning and intercommunication systems; 21 (l) emergency lifts; 22 (m) vehicular access for large isolated buildings; 23 (n) services provided under conditions imposed under 24 section 7T; 25 (o) services required under the BCA, clause E1.10. 26 special structure means a structure that can not be classified 27 under the BCA, part A3. 28 State includes territory. 29 substantially completed, for a building, see section 8O. 30

s 71 146 s 72 Building and Other Legislation Amendment Bill 2006 supporting documents, for a building development 1 application, see section 5R. 2 variation application see section 6F(1).'. 3 (4) Schedule, definitions, building and development tribunal, 4 development application, development approval, development 5 permit and local planning instrument, `the Integrated 6 Planning Act 1997'-- 7 omit, insert-- 8 `IPA'. 9 (5) Schedule, definition residential land, `, under the Standard 10 Building Regulation,'-- 11 omit. 12 (6) Schedule, definition unsatisfactory conduct, paragraph (a), 13 `building certifying functions'-- 14 omit, insert-- 15 `building or private certifying functions'. 16 (7) Schedule, definitions, construct, fencing standards and pool 17 owner, `part 3'-- 18 omit, insert-- 19 `chapter 8'. 20 Part 3 Amendment of Integrated 21 Planning Act 1997 22 Clause 71 Act amended in pt 3 23 This part amends the Integrated Planning Act 1997. 24 Clause 72 Amendment of s 1.3.5 (Definitions for terms used in 25 development) 26 (1) Section 1.3.5, definition building work, paragraph 1(b)-- 27 omit, insert-- 28

s 73 147 s 73 Building and Other Legislation Amendment Bill 2006 `(b) work regulated under the building assessment provisions 1 under the Building Act 1975 other than IDAS; or'. 2 (2) Section 1.3.5, definition operational work, item 2, paragraph 3 (a)-- 4 omit, insert-- 5 `(a) for items 1(a) to (f) and (j), any element of the work that 6 is-- 7 (i) building work other than building work for 8 reconfiguring a lot; or 9 10 Example of building work for reconfiguring a lot-- 11 building a retaining wall (ii) drainage work; or 12 (iii) plumbing work; or'. 13 (3) Section 1.3.5-- 14 insert-- 15 `(2) For the definition of building work in subsection (1), 16 paragraph (b), work includes a management procedure or 17 other activity relating to a building or structure even though 18 the activity does not involve a structural change to the 19 building or structure. 20 21 Example-- 22 a management procedure under the fire safety standard under the 23 Building Act 1975 relating to a budget accommodation building'. Clause 73 Insertion of new s 3.2.2B 24 After section 3.2.2A-- 25 insert-- 26 `3.2.2B Approved operational work for retaining walls 27 required for certain development 28 `(1) This section applies if, when an application is made-- 29 (a) a material change of use of premises or reconfiguration 30 of a lot, the subject of an application, may not be 31 performed unless a development permit exists for 32

s 74 148 s 75 Building and Other Legislation Amendment Bill 2006 operational work that is the building of a retaining wall 1 on or near the premises or lot; and 2 (b) there is no development permit for the operational work; 3 and 4 (c) approval for the operational work has not been applied 5 for in the application or a separate application. 6 `(2) The application is taken also to be for the operational work.'. 7 Clause 74 Amendment of s 3.3.15 (Referral agency assesses 8 application) 9 Section 3.3.15(2)(b), `Standard Building Regulation'-- 10 omit, insert-- 11 `building assessment provisions'. 12 Clause 75 Amendment of s 3.3.16 (Referral agency's response) 13 (1) Section 3.3.16(3), `referral agency'-- 14 omit, insert-- 15 `concurrence agency'. 16 (2) Section 3.3.16-- 17 insert-- 18 `(4) However, the referral agency's response is taken to be a 19 refusal of the application if-- 20 (a) the application is a building development application; 21 and 22 (b) the concurrence agency is the local government; and 23 (c) the matter being decided by the concurrence agency is a 24 matter other than assessing the amenity and aesthetic 25 impact of a building or structure; and 26 (d) the concurrence agency does not give a response under 27 subsection (1).'. 28

s 76 149 s 77 Building and Other Legislation Amendment Bill 2006 Clause 76 Amendment of s 3.3.17 How a concurrence agency may 1 change its response) 2 Section 3.3.17(1), `section 3.3.16(1)'-- 3 omit, insert-- 4 `section 3.3.16'. 5 Clause 77 Amendment of s 3.3.18 (Concurrence agency's response 6 powers) 7 (1) Section 3.3.18(6) and (7)-- 8 renumber as section 3.3.18(7) and (8). 9 (2) Section 3.3.18-- 10 insert-- 11 `(6) To the extent a local government's concurrence agency 12 jurisdiction is about assessing the amenity and aesthetic 13 impact of a building or structure, the concurrence agency may 14 only tell the assessment manager to refuse the application if 15 the concurrence agency considers-- 16 (a) the building or structure, when built, will have an 17 extremely adverse effect on the amenity or likely 18 amenity of its neighbourhood; or 19 (b) the aesthetics of the building or structure, when built, 20 will be in extreme conflict with the character of its 21 neighbourhood.'. 22 (3) Section 3.3.18(8), as renumbered, after `concurrence agency's 23 response'-- 24 insert-- 25 `, other than a refusal taken to have been given, under section 26 3.3.16(4),'. 27 (4) Section 3.3.18-- 28 insert-- 29 `(9) Subsection (8) does not apply to a refusal mentioned in 30 section 3.3.16(4).'. 31

s 78 150 s 79 Building and Other Legislation Amendment Bill 2006 Clause 78 Amendment of s 3.5.13 (Decision if application requires 1 code assessment) 2 Section 3.5.13(4), from `However--' to `if the decision'-- 3 omit, insert-- 4 `However, if the decision'. 5 Clause 79 Amendment of s 3.5.15 (Decision notice) 6 (1) Section 3.5.15(1)-- 7 insert-- 8 `(d) if the application is a building development 9 application--each designated person for the 10 application.'. 11 (2) Section 3.5.15-- 12 insert-- 13 `(2B) Also, if the application is a building development application, 14 the decision notice must include the approved drawings for 15 the development approval.'. 16 (3) Section 3.5.15(5A), `section 5.3.5'-- 17 omit, insert-- 18 `the Building Act 1975, chapter 4, part 6 '. 82 19 (4) Section 3.5.15(6) and (7)-- 20 omit, insert-- 21 `(6) In this section-- 22 designated person, for a building development application, 23 means-- 24 (a) if the building to which the application relates is, under 25 the Building Code of Australia, a single detached class 26 1a building or a class 10 building or structure--the 27 owner of the building; and 28 82 Building Act 1975, chapter 4, part 6 (Regulation of building assessment work and the issuing of building development approvals by private certifiers)

s 80 151 s 82 Building and Other Legislation Amendment Bill 2006 (b) any other person nominated on the approved form under 1 section 3.2.1(2),83 as the person to receive documents.'. 2 Clause 80 Amendment of s 4.2.1 (Establishing building and 3 development tribunals) 4 Section 4.2.1(4), from `local government's' to `Standard 5 Building Regulation'-- 6 omit, insert-- 7 `referral agency's response decision about the amenity and 8 aesthetic impact of a building or structure'. 9 Clause 81 Amendment of s 4.2.7 (Jurisdiction of tribunals) 10 Section 4.2.7(2)(a), after `Building Act 1975'-- 11 insert-- 12 `(other than a matter under that Act that may or must be 13 decided by the Building Services Authority)84'. 14 Clause 82 Replacement of s 4.2.12A (Appeals for plumbing and 15 drainage matters) 16 Section 4.2.12A-- 17 omit, insert-- 18 `4.2.12A Appeals for building and plumbing and drainage 19 matters 20 `(1) If-- 21 (a) a person has been given, or entitled to be given-- 22 (i) an information notice under the Building Act 1975 23 about a decision other than a decision under that 24 Act made by the Building Services Authority; or 25 83 Section 3.2.1 (Applying for development approval) 84 For appeals against the authority's decisions under the Building Act 1975, see the Building Act 1975, section 11V (Appeals to Commercial and Consumer Tribunal about decisions under pt 3).

s 83 152 s 83 Building and Other Legislation Amendment Bill 2006 (ii) an information notice under the Plumbing and 1 Drainage Act 2002, about a decision under part 4 2 or 5 of that Act;85 or 3 (b) a person-- 4 (i) was an applicant for a building development 5 approval; and 6 (ii) is dissatisfied with a decision under the Building 7 Act 1975 by a building certifier or referral agency 8 about inspection of building work the subject of 9 the approval; 10 the person may appeal against the decision to a tribunal. 11 `(2) An appeal under subsection (1) must be started within 20 12 business days after the day the person is given notice of the 13 decision. 14 `(3) If-- 15 (a) under the Building Act 1975, a person makes an 16 application other than a building development 17 application to a local government; and 18 (b) the period required under that Act for the local 19 government to decide the application (the decision 20 period) has passed; and 21 (c) the local government has not decided the application; 22 the person may appeal to a tribunal against the lack of the 23 decision and for the tribunal to decide the application as it 24 were the local government. 25 `(4) An appeal under subsection (3) must be started within 20 26 business days after the end of the decision period.'. 27 Clause 83 Amendment of s 4.3.18 (Proceedings for offences) 28 Section 4.3.18(3)(a), `Standard Building Regulation'-- 29 omit, insert-- 30 `building assessment provisions'. 31 85 Plumbing and Drainage Act 2002, part 4 (Compliance assessment) or 5 (Chief executive approvals)

s 84 153 s 86 Building and Other Legislation Amendment Bill 2006 Clause 84 Amendment of s 4.3.22 (Proceeding for orders) 1 Section 4.3.22(2), `Standard Building Regulation'-- 2 omit, insert-- 3 `building assessment provisions'. 4 Clause 85 Omission of ch 5, pt 3 (Private certification) 5 Chapter 5, part 3-- 6 omit. 7 Clause 86 Amendment of s 5.7.2 (Documents local government 8 must keep available for inspection and purchase) 9 (1) Section 5.7.2(1), `or a certified copy'-- 10 omit, insert-- 11 `or the designated type of copy'. 12 (2) Section 5.7.2(1)-- 13 insert-- 14 `(t) planning scheme maps for the designation, under the 15 Building Act 1975, of bush fire prone areas for the 16 Building Code of Australia; 17 (u) its register of resolutions about land liable to flooding, 18 made under the Building Act 1975; 19 (v) its register of exemptions granted under the Building Act 20 1975, chapter 8;86 21 (w) each record that it must keep under the Building Act 22 1975, section 12SA;87 23 (x) all development information it has about building 24 development applications, other than information that 25 may be purchased from the registrar of titles; 26 86 Building Act 1975, chapter 8 (Swimming pool fencing) 87 Building Act 1975, section 12SA (Local government's fire safety record-keeping obligations)

s 86 154 s 86 Building and Other Legislation Amendment Bill 2006 (y) its register mentioned in the Building Act 1975, section 1 25.88'. 2 (3) Section 5.7.2-- 3 insert-- 4 `(4) Despite subsection (1), the obligation under that subsection 5 does not apply to the extent the local government is 6 reasonably satisfied a document mentioned in subsection (1) 7 (t) to (y) contains-- 8 (a) sensitive security information; or 9 (b) information of a purely private nature about an 10 individual, including, for example, someone's 11 residential address. 12 `(5) Also, the obligation under subsection (1)(x) only applies if the 13 person seeking the information applies for it in the approved 14 form. 15 `(6) In this section-- 16 designated type of copy, for a document, means-- 17 (a) for a document mentioned in subsection (1) (a) to (s)--a 18 certified copy; or 19 (b) otherwise--an ordinary copy. 20 development information, for a building development 21 application, means information about any of the following-- 22 (a) the physical characteristics and location of infrastructure 23 related to the application; 24 (b) local government easements, encumbrances or estates or 25 interests in land likely to be relevant to the application; 26 (c) site characteristic information likely to affect the 27 assessment of the application. 28 29 Examples of information mentioned in paragraph (c)-- 30 � design levels of proposed road or footway works 31 � design or location of stormwater connections 32 � design or location of vehicle crossings 88 Building Act 1975, section 25 (Register of notices given)

s 87 155 s 88 Building and Other Legislation Amendment Bill 2006 1 � details of any heritage listed buildings 2 � discharge of swimming pool backwash water 3 � flood level information 4 � limitations on driveway gradients 5 � limitations on the capacity of sewerage, stormwater and 6 water supply services 7 � location of any erosion control districts 8 � location of contaminated land 9 � location of land-slip areas 10 � location of mine subsidence areas'. Clause 87 Replacement of s 5.7.3 (Documents local government 11 must keep available for inspection only) 12 Section 5.7.3-- 13 omit, insert-- 14 `5.7.3 Documents local government must keep available 15 for inspection only 16 `A local government must keep the following documents 17 available for inspection only-- 18 (a) an official copy of this Act, the Building Act 1975, and 19 every regulation made under the Acts and still in force; 20 (b) the Building Code of Australia.'. 21 Clause 88 Amendment of s 5.7.4 (Documents assessment manager 22 must keep available for inspection and purchase) 23 (1) Section 5.7.4(1), `or a certified copy'-- 24 omit, insert-- 25 `or the designated type of copy'. 26 (2) Section 5.7.4(1)-- 27 insert-- 28 `(h) for each building development application approved for 29 a building in its area-- 30

s 88 156 s 88 Building and Other Legislation Amendment Bill 2006 (i) if, under the Building Act 1975, the application was 1 made to a private certifier (class A)--the 2 documents relating to the application given to the 3 local government, under section 8 of that Act;89 or 4 (ii) if the application was made to the local 5 government--the application and the approval 6 documents for the application as defined under the 7 Building Act 1975; 8 (i) inspection certificates or other documents about the 9 inspection of building work that, under the Building Act 10 1975, the assessment manager must keep.'. 11 (3) Section 5.7.4-- 12 insert-- 13 `(5) Despite subsection (1), the obligation under the subsection 14 does not apply to the extent the assessment manager is 15 reasonably satisfied a document mentioned in subsection (1) 16 (h) or (i) contains-- 17 (a) sensitive security information; or 18 (b) information of a purely private nature about an 19 individual, including, for example, someone's 20 residential address. 21 `(6) Also, the obligation under subsection (1)(h) applies only 22 until-- 23 (a) if the building the subject of the approval is, under the 24 Building Code of Australia, a class 10 building, other 25 than a swimming pool fence, the earlier of the following 26 to happen-- 27 (i) the building's demolition or removal; 28 (ii) the end of 10 years from when the approval was 29 given; or 30 (b) if the building the subject of the approval is of any other 31 class under the Building Code of Australia or is a 32 swimming pool fence--the building's demolition or 33 removal. 34 89 Building Act 1975, section 8 (Requirements on approval of application)

s 89 157 s 90 Building and Other Legislation Amendment Bill 2006 `(7) In this section-- 1 designated type of copy, for a document, means-- 2 (a) for a document mentioned in subsection (1)(a) to (g)--a 3 certified copy; or 4 (b) otherwise--an ordinary copy.'. 5 Clause 89 Amendment of s 5.7.6 (Documents chief executive must 6 keep available for inspection and purchase) 7 (1) Section 5.7.6(1), `or a certified copy'-- 8 omit, insert-- 9 `or the designated type of copy'. 10 (2) Section 5.7.6(1)-- 11 insert-- 12 `(p) the Queensland Development Code.'. 13 (3) Section 5.7.6-- 14 insert-- 15 `(3) However, the chief executive must not charge anyone for 16 supplying a copy of all or part of the Queensland 17 Development Code. 18 `(4) In this section-- 19 designated type of copy, for a document, means-- 20 (a) for the Queensland Development Code--an ordinary 21 copy; or 22 (b) otherwise--a certified copy. 23 Queensland Development Code see the Building Act 1975, 24 section 5H.'. 25 Clause 90 Amendment of s 6.1.1 (Definitions for pt 1) 26 Section 6.1.1, definition applicable codes, paragraph (a), 27 `Standard Building Regulation'-- 28 omit, insert-- 29 `building assessment provisions'. 30

s 91 158 s 93 Building and Other Legislation Amendment Bill 2006 Clause 91 Amendment of s 6.1.29 (Assessing applications (other 1 than against the Standard Building Regulation)) 2 Section 6.1.29, heading, `Standard Building Regulation'-- 3 omit, insert-- 4 `building assessment provisions'. 5 Clause 92 Amendment of s 6.1.30 (Deciding applications (other than 6 under the Standard Building Regulation) 7 Section 6.1.30, heading, `Standard Building Regulation'-- 8 omit, insert-- 9 `building assessment provisions'. 10 Clause 93 Amendment of sch 8 (Assessable development and 11 self-assessable development) 12 (1) Schedule 8, part 1, table 1, item 1 and heading-- 13 omit, insert-- 14 `For the Building Act 1975a 1 Building work that is not -- (a) self-assessable; and (b) declared under the Building Act 1975 to be exempt development.'. a Table 1, item 1 commenced 30 March 1998 (2) Schedule 8, part 2, table 1, item 1, `Standard Building 15 Regulation'-- 16 omit, insert-- 17 `Building Act 1975'. 18 (3) Schedule 8, part 2, table 1, item 2 and heading-- 19 omit, insert-- 20

s 94 159 s 95 Building and Other Legislation Amendment Bill 2006 `For the Building Act 1975a 2 Building work declared under the Building Act 1975 to be self-assessable development.'. a Table 1, item 2 commenced 30 March 1998 Clause 94 Amendment of sch 8A (Assessment manager for 1 development applications) 2 Schedule 8A, table 1, item 1(a)(ii)-- 3 omit, insert-- 4 `(ii) is for building work, that, under the Building Act 5 1975, is assessable against the building assessment 6 provisions; or'. 7 Clause 95 Amendment of sch 10 (Dictionary) 8 (1) Schedule 10, definitions building referral agency, private 9 certifier, replacement private certifier and Standard Building 10 Regulation-- 11 omit. 12 (2) Schedule 10-- 13 insert-- 14 `building assessment provisions see the Building Act 1975, 15 section 5Y(1).90 16 building certifier-- 17 1 A building certifier is an individual who, under the 18 Building Act 1975, is licensed as a building certifier. 19 2 A reference to a building certifier includes a reference to 20 a private certifier. 21 90 Building Act 1975, section 5Y (Relevant laws and other documents for assessment of building work)

s 96 160 s 96 Building and Other Legislation Amendment Bill 2006 Building Code of Australia-- 1 1 The Building Code of Australia is the edition, current at 2 the relevant time, of the Building Code of Australia 3 (including the Queensland Appendix) published by the 4 body known as the Australian Building Codes Board. 5 2 A reference to the code includes the edition as amended 6 from time to time by amendments published by the 7 board. 8 building development application means a development 9 application to the extent it is for building work. 10 private certifier means a building certifier whose license 11 under the Building Act 1975 has private certification 12 endorsement under that Act. 13 private certifier (class A) means a private certifier whose 14 license under the Building Act 1975 has development 15 approval endorsement under that Act.'. 16 (3) Schedule 10, definition assessing authority, paragraph (c)-- 17 omit, insert-- 18 `(c) for assessable development for which a private certifier 19 (class A) is, under the Building Act 1975, chapter 6,91 20 engaged to perform private certifying functions under 21 that Act--the private certifier or the local government; 22 or'. 23 Part 4 Amendment of Plumbing and 24 Drainage Act 2002 25 Clause 96 Act amended in pt 4 26 This part and the schedule amend the Plumbing and Drainage 27 Act 2002. 28 91 Building Act 1975, chapter 6 (Provisions about private certifiers and other building certifiers)

s 97 161 s 100 Building and Other Legislation Amendment Bill 2006 Clause 97 Amendment of s 91 (Applying for chief executive 1 approval) 2 Section 91-- 3 insert-- 4 `(2) However, a person can not apply for a chief executive 5 approval for a chemical, composting or incinerating toilet.'. 6 Clause 98 Amendment of s 125 (Restriction on building or installing 7 particular on-site sewerage treatment plant) 8 Section 125, after `septic tank'-- 9 insert-- 10 `or chemical, composting, or incinerating toilet'. 11 Clause 99 Amendment of s 128E (Restrictions on operating 12 particular on-site sewerage treatment plant) 13 Section 128E(b)(ii)-- 14 omit, insert-- 15 `(ii) if the on-site sewage treatment plant does not 16 consist only of a chemical, composting or 17 incinerating toilet--the chief executive approval 18 for the plant.'. 19 Clause 100 Insertion of new pt 10, div 4 20 After section 171-- 21 insert-- 22 `Division 4 Transitional provision for Building 23 and Other Legislation Amendment 24 Act 2006 25 `172 Provisions for chemical, composting or 26 incinerating toilets 27 `(1) An application made before the commencement of this 28 section for a chief executive approval for a chemical, 29

s 101 162 s 101 Building and Other Legislation Amendment Bill 2006 composting or incinerating toilet is, on the commencement, 1 taken to have been withdrawn. 2 `(2) Section 125, as in force from 1 March 2006 to the 3 commencement, is taken never to have applied to an on-site 4 sewerage treatment plant that consists only of a chemical, 5 composting, or incinerating toilet.'. 6 Part 5 Amendment of other Acts 7 Clause 101 Amendment of other Acts 8 The schedule amends the Acts it mentions. 9

163 Building and Other Legislation Amendment Bill 2006 Schedule Consequential and minor 1 amendments of other Acts 2 sections 2(b), 96 and 101 3 Brisbane Markets Act 2002 4 1 Schedule, definition building work, paragraph (b)-- 5 omit, insert-- 6 `(b) work regulated under the building assessment provisions 7 under the Building Act 1975, other than IDAS; or'. 8 Fire and Rescue Service Act 1990 9 1 Section 104A, definition, fire safety installation, `Standard 10 Building Regulation'-- 11 omit, insert-- 12 `Building Act 1975'. 13 2 Section 104FB(1), `section 12Q(2)'-- 14 omit, insert-- 15 `section 5V'. 16 3 Schedule, definition, Building Code of Australia-- 17 omit, insert-- 18 `Building Code of Australia see the Building Act 1975, section 19 5G.'. 20

164 Building and Other Legislation Amendment Bill 2006 Schedule (continued) Local Government Act 1993 1 1 Section 761, definition building certifying function, 2 `section 3(1)'-- 3 omit, insert-- 4 `section 5C'. 5 2 Section 807(2), definition building certifier, `section 6 3(1)'-- 7 omit, insert-- 8 `section 5C'. 9 Section 1071A(1)(e), `, the Integrated Planning Act 1997, 3 10 chapter 5, part 3'-- 11 omit. 12 4 Sections 1096(1)(d) and 1101(2)(a), `part 2A'-- 13 omit, insert-- 14 `chapter 792'. 15 Plumbing and Drainage Act 2002 16 1 Section 62(1), `section 57'-- 17 omit, insert-- 18 `section 56'. 19 92 Building Act 1975, chapter 7 (Fire safety for budget accommodation buildings)

165 Building and Other Legislation Amendment Bill 2006 Schedule (continued) 2 Schedule, definition chief executive approval, `section 1 91'-- 2 omit, insert-- 3 `section 91(1)'. 4 3 Schedule, definition testing approval, `section 91(e)'-- 5 omit, insert-- 6 `section 91(1)(e)'. 7 Private Health Facilities Act 1999 8 1 Schedule 3, definition certificate of classification, 9 `Standard Building Regulation 1993, part 9'-- 10 omit, insert-- 11 `Building Act 1975'. 12 Public Health (Infection Control for Personal 13 Appearance Services) Act 2003 14 1 Schedule 2, definition Queensland Development Code, 15 `Standard Building Regulation 1993, section 6A'-- 16 omit, insert-- 17 `Building Act 1975, section 5H'. 18

166 Building and Other Legislation Amendment Bill 2006 Schedule (continued) Queensland Building Services Authority Act 1991 1 1 Schedule 2, definition Building Code of Australia, 2 `section 3'-- 3 omit, insert-- 4 `section 5G'. 5 Southern Moreton Bay Islands Development 6 Entitlements Protection Act 2004 7 1 Sections 4(a) and 7(2), `Standard Building Regulation 8 1993-- 9 omit, insert-- 10 `Building Act 1975'. 11 � State of Queensland 2006

AMENDMENTS TO BILL

1 Building and Other Legislation Amendment Bill 2006 Building and Other Legislation Amendment Bill 2006 Amendments agreed to during Consideration 1 Clause 2 (Commencement)-- At page 16, after line 8-- insert-- `� part 3A � part 3B, heading � sections 95D to 95F.'. 2 Clause 5 (Replacement of pts 1 and 2)-- At page 33, line 27, `an aspect of building work'-- omit, insert-- `an aspect of, or matter related or incidental to, building work'. 3 After clause 27-- At page 118, after line 4-- insert-- `27A Amendment of s 16B (Constructing outdoor swimming pool) `Section 16B(1)(c)-- omit, insert-- `(c) the person-- (i) is, or is to become, the pool owner of the pool (the owner); or (ii) has contracted with the owner to carry out the construction of the pool.'.'.

2 Building and Other Legislation Amendment Bill 2006 4 Clause 69 (Insertion of new ch 11, pt 5 and schedule 1)-- At page 131, after line 20-- insert-- `66AA Exclusion of reminder notice requirement for existing building development approvals `Section 8I does not apply to a building development approval in force immediately before the commencement of this section.'. 5 Clause 69 (Insertion of new ch 11, pt 5 and schedule 1)-- Page 134, from line 9, and page 135, before line 1-- omit, insert-- `Schedule 1 The QDC as at the commencement of s 5H section 5H(1) Part or aspect Date published by department 1--Workplaces 23 August 2002 2--Workplaces involving spray painting 23 August 2002 3--Detention centres 23 August 2002 4--Retail meat premises 23 August 2002 7--Private health facilities 23 August 2002 11--Design and siting standard for single detached 1 March 2006 housing on lots under 450m2, but only-- (a) the words under the heading `application'; and (b) performance criteria 1, 2, 3 and 6; and (c) the relevant acceptable solutions for the performance criteria; and (d) definitions relevant to the provisions mentioned in paragraphs (a) to (c).

3 Building and Other Legislation Amendment Bill 2006 Part or aspect Date published by department 12--Design and siting standard for single detached 1 March 2006 housing on lots 450m2 and over, but only-- (a) the words under the heading `application'; and (b) performance criteria 1, 2, 3 and 6; and (c) the relevant acceptable solutions for the performance criteria; and (d) definitions relevant to the provisions mentioned in paragraphs (a) to (c). 14--Fire safety in budget accommodation 22 August 2005 buildings 15--Higher risk personal appearance services 1 July 2004 20--Residential services building standard 23 August 2002 21--Pastoral Workers' Accommodation 1 July 2003 22--Child care centres 23 November 2005 25--Rainwater tanks 2 August 2006 28--Tents 2 April 2004 29--Sustainable buildings 1 March 2006 31--Floating buildings 2 August 2006'. 6 Clause 70 (Amendment of schedule (Dictionary))-- At page 144, lines 14 to 16-- omit, insert-- `QDC boundary clearance and site cover provisions means the aspects, mentioned in schedule 1, of parts 11 and 12 of the document called `Queensland Development Code', published by the department.'. 7 Clause 70 (Amendment of schedule (Dictionary))-- At page 146, after line 9-- insert-- `(4A) Schedule, definition indoor swimming pool, after `building'--

4 Building and Other Legislation Amendment Bill 2006 insert-- `or a swimming pool on a deck or roof top of a building if the pool is, under the usual ways of entering or leaving the building, only accessible from the inside of the building'.'. 8 After clause 95-- At page 160, after line 23-- insert-- `Part 3A Amendment of Integrated Planning and Other Legislation Amendment Act 2006 `95A Act amended in pt 3A `This part amends the Integrated Planning and Other Legislation Amendment Act 2006. `95B Amendment of s 2 (Commencement) `(1) Section 2, before `Sections'-- insert-- `(1) Section 75, as amended by the Building and Other Legislation Amendment Act 2006, is taken to have commenced on 30 March 2006. `(2) .'. `(2) Section 2, `, 75'-- omit. `95C Amendment of s 75 (Amendment of s 6.5.1 (When particular development approvals lapse)) `Section 75(1), `June'-- omit, insert-- `December'.

5 Building and Other Legislation Amendment Bill 2006 `Part 3B Amendment of Local Government Act 1993 `95D Act amended in pt 3B `This part amends the Local Government Act 1993. `95E Amendment of s 492 (Exemptions) `(1) Section 492(1)(f)-- omit. `(2) Section 492(1)(d) and (e)-- renumber as section 492(1)(e) and (f). `(3) Section 492(1)(c)-- omit, insert-- `(c) for any non-current asset other than land--the local government has-- (i) decided by resolution, to prepare, for the disposal, a plan that complies with subsection (2); and (ii) prepared the plan; or `(d) for a disposal of a non-current asset other than land by way of a trade-in for the supply of goods or services to the local government-- (i) the supply is, or is to be, made under subdivision 2; and (ii) the disposal is, or is to be, part of the contract for the supply; or'. `(4) Section 492(2), (3) and (4)-- renumber as section 492(3), (4) and (2) respectively. `(5) Section 492(2), as renumbered, `subsection (1)(f)'-- omit, insert-- `subsection (1)(c)'. `(6) Section 492(3), as renumbered, `subsection (1)(d)'--

6 Building and Other Legislation Amendment Bill 2006 omit, insert-- `subsection (1)(e)'. `(7) Section 492(4), as renumbered, `subsection (1)(e)'-- omit, insert-- `subsection (1)(f)'.'. `95F Amendment of s 492A (Required procurement and asset disposal manuals) `Section 492A(3)(c), `section 492(4)'-- omit, insert-- `section 492(2)'. `95G Amendment of s 1070 (Entry on land for local government purposes) `(1) Section 1070(2), example-- omit. `(2) Section 1070(2)(c)-- insert-- `Examples of entry to land under paragraph (c)-- 1 The employee or agent may enter the land to take urgent action, under a local law about the safety and convenience of the public, to remove a tree likely to fall and cause injury or damage. 2 The local government has received information that a swimming pool fence may be dangerous to children because it does not comply with the Building Act 1975. The employee or agent may enter the land on which the fence is constructed to assess whether the local government ought to take action under the Building Act 1975 or this Act in relation to the fence.'.'. 9 After clause 96-- At page 160, after line 28-- insert--

7 Building and Other Legislation Amendment Bill 2006 `96A Amendment of s 85 (Process for assessing plans) `Section 85(1), `sections 85A to 85E'-- omit, insert-- `sections 85B to 85E'. `96B Omission of s 85A (Local government's power to stop further greywater use facility requests for premises in a sewered area) `Section 85A-- omit. `96C Amendment of s 85B (Restrictions on giving compliance permit for greywater use facility in a sewered area) `Section 85B(2)(a)(iii)-- omit, insert-- `(iii) is not part of a community titles scheme under the Body Corporate and Community Management Act 1997; and'.'. 10 After clause 99-- At page 161, after line 19-- insert-- `99A Amendment of s 128M (Offences about discharging greywater other than kitchen greywater from premises) `(1) Section 128M(2) and (3), after `sewered area'-- insert-- `and the premises is not a single detached dwelling'. `(2) Section 128M(2)(a)(i), `for area's'-- omit, insert-- `for the area's'. `(3) Section 128M(2)(b) and (3)(b), after `lawn'--

8 Building and Other Legislation Amendment Bill 2006 insert-- `on the premises'. `(4) Section 128M(4), `also'-- omit. `(5) Section 128M(4)(b), `any one'-- omit, insert-- `anyone'. `(6) Section 128M-- insert-- `(6) In this section-- single detached dwelling means a class 1a building under the Building Code of Australia.'.'. 11 Clause 100 (Insertion of new pt 10, div 4) At page 161, line 23, `provision'-- omit, insert-- `provisions'. 12 Clause 100 (Insertion of new pt 10, div 4)-- At page 162, line 6-- omit, insert-- `composting, or incinerating toilet. `173 Provision about offences under s 128M `(1) A proceeding can not be started for an offence under pre-amended section 128M if the circumstances giving rise to the commission of the offence would not, if the circumstances happened after the commencement of this section, give rise to the commission of an offence under post-amended section 128M. `(2) In this section--

9 Building and Other Legislation Amendment Bill 2006 post-amended section 128M means section 128M as amended under the Building and Other Legislation Amendment Act 2006, section 99A. pre-amended section 128M means section 128M as in force immediately before the Building and Other Legislation Amendment Act 2006, section 99A commences.'.

[Index] [Search] [Download] [Related Items] [Help]