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Queensland
Plumbing and Drainage and
Other Legislation Amendment
Bill 2005
Queensland
Plumbing and Drainage and Other
Legislation Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Integrated Planning Act 1997
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 4.2.12A (Appeals for plumbing and
drainage matters) ................................. 8
Part 3 Amendment of Local Government Act 1993
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 1071A (Power to fix regulatory fees) . . . . . . . . . 9
7 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 9
Part 4 Amendment of Plumbing and Drainage Act 2002
8 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 29 (Secretary and other officers). . . . . . . . . . . . 10
10 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
29A Delegation by secretary . . . . . . . . . . . . . . . . . . . . . . . 10
11 Insertion of new pt 2, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 8 Board investigators and their powers
Subdivision 1 Investigators
33A Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
33B Function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
33C Appointment conditions and limit on powers . . . . . . . 11
33D Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 11
33E Production or display of identity card . . . . . . . . . . . . . 12
33F When investigator ceases to hold office . . . . . . . . . . . 12
33G Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
33H Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2 Entry to places
33I Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . 13
33J Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
33K Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . 15
33L Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
33M Application by electronic communication and
duplicate warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
33N Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . 18
33O Warrants--procedure before entry . . . . . . . . . . . . . . . 18
Subdivision 3 Powers of investigators
33P General powers of investigator after entering places . 19
33Q Power to require reasonable help or information . . . . 19
33R Power to require name and address . . . . . . . . . . . . . 20
33S Power to require production of documents . . . . . . . . . 21
33T Failure to state name and address or produce
document .............................. 21
33U Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
33V Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12 Amendment of s 40 (Decision on application for licence). . . . . . . 22
13 Amendment of s 64 (Grounds for discipline) . . . . . . . . . . . . . . . . 23
14 Amendment of s 78 (Compliance permit). . . . . . . . . . . . . . . . . . . 24
15 Amendment of s 79 (Compliance certificate) . . . . . . . . . . . . . . . . 24
16 Amendment of s 80 (Purpose of compliance assessment) . . . . . 25
17 Amendment of s 81 (Regulated work must be assessed for
compliance) ..................................... 25
18 Amendment of s 82 (Plans and all plumbing and drainage
work must comply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Amendment of s 83 (Compliance permit required for certain
regulated work). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
20 Amendment of s 84 (Regulated work by a public sector entity) . . 26
21 Amendment of s 85 (Process for assessing plans) . . . . . . . . . . . 26
22 Insertion of new ss 85A to 85E. . . . . . . . . . . . . . . . . . . . . . . . . . . 27
85A Local government's power to stop further greywater
use facility requests for premises in a sewered area . 27
85B Restrictions on giving compliance permit for
greywater use facility in a sewered area. . . . . . . . . . . 28
85C Restrictions on giving compliance permit for
greywater use facility not in a sewered area. . . . . . . . 30
3
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
85D Restrictions on giving compliance permit for
particular on-site sewerage work . . . . . . . . . . . . . . . . 31
85E Special provisions for assessing plan for work for
testing purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
23 Amendment of pt 4, div 4, hdg (Assessing plumbing and
drainage work) ................................... 32
24 Amendment of s 86 (Process for assessing regulated work) . . . . 32
25 Amendment of s 86A (Process for assessing certain regulated
work in remote areas). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
26 Insertion of new ss 86B to 86G . . . . . . . . . . . . . . . . . . . . . . . . . . 34
86B Special provisions for assessing on-site sewerage
work for testing purposes . . . . . . . . . . . . . . . . . . . . . . 35
86C Conditions of compliance certificate. . . . . . . . . . . . . . 35
Division 4A Compliance certificates
86D Effect of later grant of chief executive approval . . . . . 36
86E Effect of refusal or withdrawal of application for chief
executive approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
86F Ending of particular compliance certificates for
testing ............................. 37
86G Power to amend conditions of particular compliance
certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
27 Replacement of s 87 (Minor work) . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 4B Minor and unregulated work
87 Minor work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
28 Replacement of pt 5 (On-site sewerage facilities) . . . . . . . . . . . . 38
Part 5 Chief executive approvals
Division 1 Applying for and obtaining approval
91 Applying for chief executive approval . . . . . . . . . . . . . 39
92 Information request . . . . . . . . . . . . . . . . . . . . . . . . . . 39
93 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 40
94 Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . 40
95 Information notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2 Miscellaneous provisions
96 Term of chief executive approval . . . . . . . . . . . . . . . . 41
97 Renewals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
98 Publication of chief executive approvals . . . . . . . . . . . 42
29 Replacement of pt 6, hdg (Investigation, enforcement and
offences) ....................................... 42
4
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
30 Amendment of s 114 (Functions and powers of inspectors and
relationship to the Local Government Act 1993) . . . . . . . . . . . . . 42
31 Amendment of s 115 (Show cause notices) . . . . . . . . . . . . . . . . . 43
32 Replacement of s 116 (Enforcement notices for plumbing and
drainage) ...................................... 43
116 Enforcement notices. . . . . . . . . . . . . . . . . . . . . . . . . . 43
33 Amendment of s 118 (Relationship with Integrated
Planning Act 1997) ............................... 44
34 Replacement of pt 6, divs 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 1 Offences about licences
119 Offences by persons not holding appropriate licence. 45
120 Offence of directing or supervising unlicensed work . 45
121 Exemptions for ss 119 and 120 . . . . . . . . . . . . . . . . . 45
122 Contravening licence conditions. . . . . . . . . . . . . . . . . 46
123 Limitations on provisional licence holders . . . . . . . . . 46
124 Restriction on advertising for the carrying out of
particular work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2 Building and installation and related offences
125 Restriction on building or installing particular on-site
sewerage treatment plant . . . . . . . . . . . . . . . . . . . . . . 47
126 Restriction on building or installing greywater use
facility ............................... 47
127 Restriction on building or installing chemical,
composting or incinerating toilet . . . . . . . . . . . . . . . . . 48
128 Restriction on dismantling or taking away on-site
sewerage facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
128A Offence to pollute service provider's services . . . . . . 48
Division 3 Operating restrictions
128B Owner's obligation to ensure compliance with
conditions of compliance certificate . . . . . . . . . . . . . . 48
128C Restriction on operating chemical, composting or
incinerating toilet . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
128D Restriction on operating particular on-site sewerage
facilities .............................. 49
128E Restrictions on operating particular on-site sewerage
treatment plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
128F Restrictions on operating greywater use facility . . . . . 50
128G Owner's obligation to maintain plumbing and
drainage and on-site sewerage facility . . . . . . . . . . . . 50
128H Obligations of person who services on-site sewerage
facility ............................... 51
5
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Division 4 Prohibitions on removing or tampering with
particular devices
128I Backflow prevention devices . . . . . . . . . . . . . . . . . . . 51
128J Hot water control devices . . . . . . . . . . . . . . . . . . . . . . 52
Division 5 Discharge and disposal offences
128K Offence about discharging blackwater . . . . . . . . . . . . 52
128L Offence about discharging kitchen greywater from
premises ............................. 53
128M Offences about discharging greywater other than
kitchen greywater from premises . . . . . . . . . . . . . . . . 54
128N Permissible and prohibited discharges. . . . . . . . . . . . 55
128O Stormwater drainage must be separate from on-site
sewerage facility ..................... 55
128P Disposal of contents of on-site sewerage facility . . . . 56
Division 6 Other offences
128Q Misleading statement by builder, manufacturer or
supplier .............................. 56
128R On-site sewerage facility no longer required . . . . . . . 57
128S False or misleading documents . . . . . . . . . . . . . . . . . 57
128T Obstruction of investigators or inspectors . . . . . . . . . 57
128U Impersonation of investigator or inspector . . . . . . . . . 57
35 Replacement of pt 7, hdg (Reviews) . . . . . . . . . . . . . . . . . . . . . . 57
36 Omission of pt 7, div 1, hdg (Reviews about plumbing and
drainage licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
37 Omission of pt 7, div 2 (Reviews about on-site sewerage
facilities) ..................................... 58
38 Insertion of new s 139A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
139A Allegations of false or misleading matters . . . . . . . . . 58
39 Omission of s 142 (Maintenance of existing combined
sanitary drains) ................................... 58
40 Replacement of s 143 (Local government's obligation to keep
particular records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
143 Local government's obligation to keep particular
records .............................. 59
143A Local government register of installed on-site
sewerage and greywater use facilities . . . . . . . . . . . . 60
143B Local government's monitoring obligations for
greywater use facilities in sewered areas . . . . . . . . . . 60
41 Amendment of s 144 (Chief executive may publish information) . 60
42 Amendment of s 145 (Regulation-making power) . . . . . . . . . . . . 61
6
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
43 Renumbering of pt 10, divs 2 to 5, hdgs. . . . . . . . . . . . . . . . . . . . 61
44 Insertion of new pt 10, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 61
45 Insertion of new pt 10, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3 Transitional provisions for Plumbing and
Drainage and Other Legislation Amendment
Act 2005
160 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
161 Existing applications for model or type specification
approval .............................. 62
162 Existing model or type specification approval. . . . . . . 62
163 Existing on-site sewerage facility applications . . . . . . 63
164 Old section 96 approvals continue . . . . . . . . . . . . . . . 63
165 Exclusion of s 81 for work performed under old
section 96 approval . . . . . . . . . . . . . . . . . . . . . . . . . . 63
166 Application of ss 82, 83 and 128B for old
section 96 approvals ................... 63
167 On-site facility conditions . . . . . . . . . . . . . . . . . . . . . . 64
168 Existing notices under old part 5 . . . . . . . . . . . . . . . . 64
169 Appeal right for decisions under old part 5. . . . . . . . . 64
170 Exemption from particular offences for particular
on-site sewerage facilities built or installed before
30 April 1998 ......................... 65
171 On-site sewerage and greywater use facilities to
which s 143A applies . . . . . . . . . . . . . . . . . . . . . . . . . 65
46 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 65
Part 5 Amendment of Water Act 2000
47 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
48 Amendment of s 824 (Discharging certain materials) . . . . . . . . . 71
2005
A Bill
for
An Act to amend the Plumbing and Drainage Act 2002, and for
other purposes
s1 8 s4
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Plumbing and Drainage and 4
Other Legislation Amendment Act 2005. 5
Clause 2 Commencement 6
This Act, other than the following provisions, commences on 7
1 March 2006-- 8
(a) section 11; 9
(b) section 22, to the extent it inserts the Plumbing and 10
Drainage Act 2002, section 85A; 11
(c) section 46(2), to the extent it inserts the Plumbing and 12
Drainage Act 2002, schedule, definitions greywater, 13
greywater diversion device, greywater treatment plant, 14
greywater use facility, investigator and sewered area. 15
Part 2 Amendment of Integrated 16
Planning Act 1997 17
Clause 3 Act amended in pt 2 18
This part amends the Integrated Planning Act 1997. 19
Clause 4 Amendment of s 4.2.12A (Appeals for plumbing and 20
drainage matters) 21
Section 4.2.12A(1)-- 22
omit, insert-- 23
s5 9 s7
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(1) A person who has been given an information notice under the 1
Plumbing and Drainage Act 2002 about a decision under part 2
4 or 51 of that Act may appeal against the decision to a 3
tribunal.'. 4
Part 3 Amendment of Local 5
Government Act 1993 6
Clause 5 Act amended in pt 3 7
This part amends the Local Government Act 1993. 8
Clause 6 Amendment of s 1071A (Power to fix regulatory fees) 9
Section 1071A(1)(e), `or the Integrated Planning Act 1997, 10
chapter 5, part 3'-- 11
omit, insert-- 12
`, the Integrated Planning Act 1997, chapter 5, part 32 or the 13
Plumbing and Drainage Act 2002'. 14
Clause 7 Amendment of schedule (Dictionary) 15
Schedule, definitions on-site sewage treatment plant and 16
on-site sewerage facility-- 17
omit, insert-- 18
`on-site sewage treatment plant see Plumbing and Drainage 19
Act 2002, schedule. 20
on-site sewerage facility see Plumbing and Drainage Act 21
2002, schedule.'. 22
1 Plumbing and Drainage Act 2002, part 4 (Compliance assessment) or 5 (Chief
executive approvals)
2 Integrated Planning Act 1997, chapter 5, part 3 (Private certification)
s8 10 s 11
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Part 4 Amendment of Plumbing and 1
Drainage Act 2002 2
Clause 8 Act amended in pt 4 3
This part amends the Plumbing and Drainage Act 2002. 4
Clause 9 Amendment of s 29 (Secretary and other officers) 5
(1) Section 29, heading-- 6
omit, insert-- 7
`29 Officers, employees and agents'. 8
(2) Section 29-- 9
insert-- 10
`(5) The chief executive may, by instrument, employ or engage 11
other appropriately qualified persons to help the board 12
perform its functions. 13
`(6) Subsection (5) does not apply for the appointment of an 14
investigator.3'. 15
Clause 10 Insertion of new s 29A 16
After section 29-- 17
insert-- 18
`29A Delegation by secretary 19
`The secretary may delegate the secretary's powers under this 20
Act to an appropriately qualified public service officer or 21
employee.'. 22
Clause 11 Insertion of new pt 2, div 8 23
Part 2-- 24
insert-- 25
3 For investigators, see division 8 (Board investigators and their powers).
s 11 11 s 11
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`Division 8 Board investigators and their 1
powers 2
`Subdivision 1 Investigators 3
`33A Appointment 4
`(1) The chief executive may appoint a public service officer or 5
employee as an investigator. 6
`(2) However, the chief executive may appoint a person as an 7
investigator only if the chief executive is satisfied the person 8
is qualified for appointment because the person has the 9
necessary expertise or experience. 10
`33B Function 11
`The function of an investigator is to investigate compliance 12
with this Act in relation to licensing. 13
`33C Appointment conditions and limit on powers 14
`(1) An investigator holds office on any conditions stated in-- 15
(a) the investigator's instrument of appointment; or 16
(b) a signed notice given to the investigator; or 17
(c) a regulation. 18
`(2) The instrument of appointment, a signed notice given to the 19
investigator or a regulation may limit the investigator's powers 20
under this Act. 21
`(3) In this section-- 22
signed notice means a notice signed by the chief executive. 23
`33D Issue of identity card 24
`(1) The chief executive must issue an identity card to each 25
investigator. 26
s 11 12 s 11
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(2) The identity card must-- 1
(a) contain a recent photo of the investigator; and 2
(b) contain a copy of the investigator's signature; and 3
(c) identify the person as an investigator under this Act; and 4
(d) state an expiry date for the card. 5
`(3) This section does not prevent the issue of a single identity 6
card to a person for this Act and other purposes. 7
`33E Production or display of identity card 8
`(1) In exercising a power under this Act in relation to a person, an 9
investigator must-- 10
(a) produce the investigator's identity card for the person's 11
inspection before exercising the power; or 12
(b) have the identity card displayed so it is clearly visible to 13
the person when exercising the power. 14
`(2) However, if it is not practicable to comply with subsection (1), 15
the investigator must produce the identity card for the person's 16
inspection at the first reasonable opportunity. 17
`(3) For subsection (1), an investigator does not exercise a power 18
in relation to a person only because the investigator has 19
entered a place as mentioned in section 33I(1)(b) or (2).4 20
`33F When investigator ceases to hold office 21
`(1) An investigator ceases to hold office if any of the following 22
happens-- 23
(a) the term of office stated in a condition of office ends; 24
(b) under another condition of office, the investigator ceases 25
to hold office; 26
(c) the investigator's resignation under section 33G takes 27
effect. 28
4 Section 33I (Power to enter places)
s 11 13 s 11
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(2) Subsection (1) does not limit the ways an investigator may 1
stop holding office. 2
`(3) In this section-- 3
condition of office means a condition on which the 4
investigator holds office. 5
`33G Resignation 6
`An investigator may resign by signed notice given to the chief 7
executive. 8
`33H Return of identity card 9
`A person who ceases to be an investigator must return the 10
person's identity card to the chief executive within 21 days 11
after ceasing to be an investigator unless the person has a 12
reasonable excuse. 13
Maximum penalty--25 penalty units. 14
`Subdivision 2 Entry to places 15
`33I Power to enter places 16
`(1) An investigator may enter a place if-- 17
(a) its occupier consents to the entry; or 18
(b) it is a public place and the entry is made when it is open 19
to the public; or 20
(c) the entry is authorised by a warrant. 21
`(2) For the purpose of asking the occupier of a place for consent 22
to enter, an investigator may, without the occupier's consent 23
or a warrant-- 24
(a) enter land around premises at the place to an extent that 25
is reasonable to contact the occupier; or 26
s 11 14 s 11
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(b) enter part of the place the investigator reasonably 1
considers members of the public ordinarily are allowed 2
to enter when they wish to contact the occupier. 3
`33J Entry with consent 4
`(1) This section applies if an investigator intends to ask an 5
occupier of a place to consent to the investigator or another 6
investigator entering the place under section 33I(1)(a). 7
`(2) Before asking for the consent, the investigator must tell the 8
occupier-- 9
(a) the purpose of the entry; and 10
(b) that the occupier is not required to consent. 11
`(3) If the consent is given, the investigator may ask the occupier 12
to sign an acknowledgment of the consent. 13
`(4) The acknowledgment must state-- 14
(a) the occupier has been told-- 15
(i) the purpose of the entry; and 16
(ii) that the occupier is not required to consent; and 17
(b) the purpose of the entry; and 18
(c) the occupier gives the investigator consent to enter the 19
place and exercise powers under this part; and 20
(d) the time and date the consent was given. 21
`(5) If the occupier signs the acknowledgment, the investigator 22
must immediately give a copy to the occupier. 23
`(6) If-- 24
(a) an issue arises in a proceeding about whether the 25
occupier consented to the entry; and 26
(b) an acknowledgment complying with subsection (4) for 27
the entry is not produced in evidence; 28
the onus of proof is on the person relying on the lawfulness of 29
the entry to prove the occupier consented. 30
s 11 15 s 11
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`33K Application for warrant 1
`(1) An investigator may apply to a magistrate for a warrant for a 2
place. 3
`(2) The investigator must prepare a written application that states 4
the grounds on which the warrant is sought. 5
`(3) The written application must be sworn. 6
`(4) The magistrate may refuse to consider the application until the 7
investigator gives the magistrate all the information the 8
magistrate requires about the application in the way the 9
magistrate requires. 10
11
Example for subsection (4)--
12
The magistrate may require additional information supporting the
13
written application to be given by statutory declaration.
`33L Issue of warrant 14
`(1) The magistrate may issue the warrant for the place only if the 15
magistrate is satisfied there are reasonable grounds for 16
suspecting-- 17
(a) there is a particular thing or activity (the evidence) that 18
may provide evidence of an offence against this Act; and 19
(b) the evidence is at the place or, within the next 7 days, 20
will be at the place. 21
`(2) The warrant must state-- 22
(a) the place to which the warrant applies; and 23
(b) that a stated investigator may, with necessary and 24
reasonable help and force-- 25
(i) enter the place and any other place necessary for 26
entry to the place; and 27
(ii) exercise the investigator's powers under this part; 28
and 29
(c) particulars of the offence that the magistrate considers 30
appropriate in the circumstances; and 31
(d) the name of the person suspected of having committed 32
the offence, unless the name is unknown or the 33
s 11 16 s 11
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
magistrate considers it inappropriate to state the name; 1
and 2
(e) the hours of the day or night when the place may be 3
entered; and 4
(f) the magistrate's name; and 5
(g) the date and time of the warrant's issue; and 6
(h) the date, within 14 days after the warrant's issue, the 7
warrant ends. 8
`33M Application by electronic communication and 9
duplicate warrant 10
`(1) An application under section 33K5 may be made by phone, 11
fax, email, radio, videoconferencing or another form of 12
electronic communication if the investigator considers it 13
necessary because of-- 14
(a) urgent circumstances; or 15
(b) other special circumstances, including, for example, the 16
investigator's remote location. 17
`(2) The application-- 18
(a) may not be made before the investigator prepares the 19
written application under section 33K(2); but 20
(b) may be made before the written application is sworn. 21
`(3) The magistrate may issue the warrant (the original warrant) 22
only if the magistrate is satisfied-- 23
(a) it was necessary to make the application under 24
subsection (1); and 25
(b) the way the application was made under subsection (1) 26
was appropriate. 27
`(4) After the magistrate issues the original warrant-- 28
(a) if there is a reasonably practicable way of immediately 29
giving a copy of the warrant to the investigator, for 30
5 Section 33K (Application for warrant)
s 11 17 s 11
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Amendment Bill 2005
example, by sending a copy by fax or email--the 1
magistrate must immediately give a copy of the warrant 2
to the investigator; or 3
(b) otherwise-- 4
(i) the magistrate must tell the investigator the date 5
and time the warrant is issued and the other terms 6
of the warrant; and 7
(ii) the investigator must complete a form of warrant, 8
including by writing on it-- 9
(A) the magistrate's name; and 10
(B) the date and time the magistrate issued the 11
warrant; and 12
(C) the other terms of the warrant. 13
`(5) The copy of the warrant mentioned in subsection (4)(a), or the 14
form of warrant completed under subsection (4)(b) (in either 15
case the duplicate warrant) is a duplicate of, and as effectual 16
as, the original warrant. 17
`(6) The investigator must, at the first reasonable opportunity, send 18
to the magistrate-- 19
(a) the written application complying with 33K(2) and (3); 20
and 21
(b) if the investigator completed a form of warrant under 22
subsection (4)(b)--the completed form of warrant. 23
`(7) The magistrate must keep the original warrant and, on 24
receiving the documents under subsection (6)-- 25
(a) attach the documents to the original warrant; and 26
(b) give the original warrant and documents to the clerk of 27
the court of the relevant magistrates court. 28
`(8) Despite subsection (5), if-- 29
(a) an issue arises in a proceeding about whether an 30
exercise of a power was authorised by a warrant issued 31
under this section; and 32
(b) the original warrant is not produced in evidence; 33
s 11 18 s 11
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Amendment Bill 2005
the onus of proof is on the person relying on the lawfulness of 1
the exercise of the power to prove a warrant authorised the 2
exercise of the power. 3
`(9) This section does limit section 33K. 4
`(10) In this section-- 5
relevant magistrates court, in relation to a magistrate, means 6
the Magistrates Court that the magistrate constitutes under the 7
Magistrates Act 1991. 8
`33N Defect in relation to a warrant 9
`(1) A warrant is not invalidated by a defect in the warrant or in 10
compliance with section 33K, 33L or 33M unless the defect 11
affects the substance of the warrant in a material particular. 12
`(2) In this section-- 13
warrant includes a duplicate warrant mentioned in section 14
33M(5). 15
`33O Warrants--procedure before entry 16
`(1) This section applies if an investigator named in a warrant 17
issued under this part for a place is intending to enter the place 18
under the warrant. 19
`(2) Before entering the place, the investigator must do, or make a 20
reasonable attempt to do, the following things-- 21
(a) identify himself or herself to a person present at the 22
place who is an occupier of the place by producing a 23
copy of the investigator's identity card, or having the 24
identity card displayed, as mentioned in section 33E(1);6 25
(b) give the person a copy of the warrant; 26
(c) tell the person the investigator is permitted by the 27
warrant to enter the place; 28
(d) give the person an opportunity to allow the investigator 29
immediate entry to the place without using force. 30
6 Section 33E (Production or display of identity card)
s 11 19 s 11
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`(3) However, the investigator need not comply with subsection 1
(2) if the investigator believes that immediate entry to the 2
place is required to ensure the effective execution of the 3
warrant is not frustrated. 4
`(4) In this section-- 5
warrant includes a duplicate warrant mentioned in section 6
33M(5). 7
`Subdivision 3 Powers of investigators 8
`33P General powers of investigator after entering places 9
`(1) This division applies to an investigator who enters a place 10
under section 33I(1).7 11
`(2) For performing the investigator's function under this Act,8 the 12
investigator may do any of the following-- 13
(a) search any part of the place; 14
(b) inspect, measure, test, photograph or film any part of the 15
place or anything at the place; 16
(c) copy, or take an extract from, a document at the place; 17
(d) take into or onto the place any person, equipment and 18
materials the investigator reasonably requires for 19
exercising a power under paragraphs (a) to (c). 20
`33Q Power to require reasonable help or information 21
`(1) The investigator may require the occupier of the place, or a 22
person at the place, to give the investigator, reasonable help or 23
information to exercise a power under section 33P(2). 24
`(2) When making a requirement under subsection (1), the 25
investigator must warn the person it is an offence to fail to 26
7 Section 33I (Power to enter places)
8 See section 33B (Function).
s 11 20 s 11
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
comply with the requirement unless the person has a 1
reasonable excuse. 2
`(3) A person of whom a requirement under subsection (1) has 3
been made must comply with the requirement unless the 4
person has a reasonable excuse. 5
Maximum penalty--40 penalty units. 6
`(4) If the person is an individual, it is a reasonable excuse for the 7
person not to comply with the requirement if complying with 8
it might tend to incriminate the person. 9
`(5) Subsection (4) does not limit what may be a reasonable 10
excuse under subsection (3). 11
`33R Power to require name and address 12
`(1) This section applies if-- 13
(a) the investigator finds a person committing an offence 14
against this Act; or 15
(b) the investigator finds a person in circumstances that 16
lead, or has information that leads, the investigator to 17
reasonably believe the person has just committed an 18
offence against this Act. 19
`(2) The investigator may require the person to state the person's 20
name and residential address. 21
`(3) When making the requirement, the investigator must warn the 22
person it is an offence to fail to state the person's name or 23
residential address unless the person has a reasonable excuse. 24
`(4) The investigator may also require the person to give evidence 25
of the correctness of the stated name or required address if, in 26
the circumstances, it would be reasonable to expect the person 27
to-- 28
(a) be in possession of evidence of the correctness of the 29
stated name or address; or 30
(b) otherwise be able to give the evidence. 31
s 11 21 s 11
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`33S Power to require production of documents 1
`(1) The investigator may require a person to make available for 2
inspection by an investigator, or produce to the investigator 3
for inspection, at a reasonable time and place nominated by 4
the investigator, a document given to the person under this 5
Act. 6
`(2) The investigator may ask the person to give the investigator a 7
copy of the document within a reasonable period. 8
`(3) If a request under subsection (2) is not complied with within a 9
reasonable period, the investigator may take the document to 10
copy it. 11
`(4) The investigator must return the document to the person as 12
soon as practicable after copying it. 13
`33T Failure to state name and address or produce 14
document 15
`(1) A person of whom a requirement under section 33R(2) or 16
33S(1) has been made must comply with the requirement 17
unless the person has a reasonable excuse. 18
Maximum penalty--40 penalty units. 19
`(2) It is a reasonable excuse for an individual not to comply with 20
the requirement if complying with it might tend to incriminate 21
the individual. 22
`(3) Subsection (2) does not limit what may be a reasonable 23
excuse under subsection (1). 24
`Subdivision 4 Miscellaneous provisions 25
`33U Notice of damage 26
`(1) This section applies if-- 27
(a) an investigator damages property when exercising or 28
purporting to exercise a power; or 29
(b) a person (the other person) acting under the direction of 30
an investigator damages property. 31
s 12 22 s 12
Plumbing and Drainage and Other Legislation
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`(2) The investigator must, as soon as practicable, give written 1
notice of particulars of the damage to a person who appears to 2
the investigator to be an owner of the property. 3
`(3) If the investigator believes the damage was caused by a latent 4
defect in the property or circumstances beyond the 5
investigator's or other person's control, the investigator may 6
state the belief in the notice. 7
`(4) If, for any reason, it is impracticable to comply with 8
subsection (2), the investigator must leave the notice in a 9
conspicuous position and in a reasonably secure way where 10
the damage happened. 11
`(5) This section does not apply to damage the investigator 12
reasonably believes is trivial. 13
`(6) In this section-- 14
owner, of property, includes the person in possession or 15
control of it. 16
`33V Compensation 17
`(1) A person may claim compensation from the State if the person 18
incurs loss or expense because of the exercise or purported 19
exercise of a power under this division. 20
`(2) Without limiting subsection (1), compensation may be 21
claimed for loss or expense incurred in complying with a 22
requirement made of the person under this division. 23
`(3) Compensation may be claimed and ordered to be paid in a 24
proceeding brought in a court with jurisdiction for the 25
recovery of the amount of compensation claimed. 26
`(4) A court may order compensation to be paid only if it is 27
satisfied it is fair to make the order in the circumstances of the 28
particular case.'. 29
Clause 12 Amendment of s 40 (Decision on application for licence) 30
Section 40(2)-- 31
omit, insert-- 32
s 13 23 s 13
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(2) The board may act under subsection (1)(b) only if-- 1
(a) the applicant has not had an interstate or New Zealand 2
licence suspended or cancelled; and 3
(b) at least 1 of the following applies-- 4
(i) the board reasonably considers the applicant needs 5
more practical experience before being licensed; 6
(ii) the board reasonably considers the applicant does 7
not have the qualifications required under section 8
37(a),9 but does have enough practical experience 9
to be able to perform work under the provisional 10
licence; 11
(iii) the board reasonably considers the applicant holds 12
a relevant corresponding licence; 13
(iv) the board reasonably considers the applicant has 14
the qualifications and experience required under 15
section 37(a), but evidence of them has not been 16
given to the board. 17
`(3) However, subsection (2)(a) does not apply if the applicant 18
holds an interstate or New Zealand licence that is in force. 19
`(4) In this section-- 20
relevant corresponding licence means any of the following-- 21
(a) an interstate or New Zealand licence; 22
(b) a licence, however called, issued in another country, that 23
allows the applicant to perform part of the work to 24
which the licence application relates.'. 25
Clause 13 Amendment of s 64 (Grounds for discipline) 26
(1) Section 64(e) and (f)-- 27
renumber as section 64(g) and (h). 28
(2) Section 64-- 29
insert-- 30
9 Section 37 (Entitlement to licence)
s 14 24 s 15
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(e) directed someone else to perform work, or supervised 1
someone else in the performance of work, in 2
contravention of section 120;10 or 3
`(f) has performed work-- 4
(i) that is not work for which the licensee's licence 5
was issued; and 6
(ii) for which a licence is required; or'. 7
Clause 14 Amendment of s 78 (Compliance permit) 8
(1) Section 78, after `regulated work'-- 9
insert-- 10
`or on-site sewerage work'. 11
(2) Section 78(4), `the owners,'-- 12
omit, insert-- 13
`the owner's11'. 14
Clause 15 Amendment of s 79 (Compliance certificate) 15
(1) Section 79, after `regulated work'-- 16
insert-- 17
`or on-site sewerage work'. 18
(2) Section 79-- 19
insert-- 20
`(2) Subject to sections 86D(3) and 86E to 86G, a compliance 21
certificate has effect until the premises to which certificate 22
relates are demolished or removed. 23
10 Section 120 (Offence of directing or supervising unlicensed work)
11 See also section 116(3)(b) (Enforcement notices).
s 16 25 s 18
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(3) A compliance certificate attaches to the land the subject of the 1
certificate, and binds the owner, the owner's successors in title 2
and any occupier of the land.12'. 3
Clause 16 Amendment of s 80 (Purpose of compliance assessment) 4
Section 80, after `regulated work'-- 5
insert-- 6
`or on-site sewerage work'. 7
Clause 17 Amendment of s 81 (Regulated work must be assessed 8
for compliance) 9
Section 81, after `Regulated work'-- 10
insert-- 11
`and on-site sewerage work'. 12
Clause 18 Amendment of s 82 (Plans and all plumbing and drainage 13
work must comply) 14
(1) Section 82, heading, after `plumbing and drainage work'-- 15
insert-- 16
`or on-site sewerage work'. 17
(2) Section 82(1), after `plumbing or drainage work'-- 18
insert-- 19
`or on-site sewerage work'. 20
12 See also section 128B (Owner's obligation to ensure compliance with conditions of
compliance certificate).
s 19 26 s 21
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Clause 19 Amendment of s 83 (Compliance permit required for 1
certain regulated work) 2
(1) Section 83, heading, after `regulated work'-- 3
insert-- 4
`or any on-site sewerage work'. 5
(2) Section 83(1), after `regulated work'-- 6
insert-- 7
`or on-site sewerage work'. 8
(3) Section 83(1), after `for the work'-- 9
insert-- 10
`and complies with any conditions of the permit'. 11
Clause 20 Amendment of s 84 (Regulated work by a public sector 12
entity) 13
(1) Section 84, heading, after `Regulated work'-- 14
insert-- 15
`or on-site sewerage work'. 16
(2) Section 84(1), after `regulated work'-- 17
insert-- 18
`or on-site sewerage work'. 19
Clause 21 Amendment of s 85 (Process for assessing plans) 20
(1) Section 85(1), words before paragraph (a)-- 21
omit, insert-- 22
`(1) This section applies, subject to sections 85A to 85E, to a 23
request (a compliance request) for compliance assessment of 24
a plan for regulated work or on-site sewerage work. 25
`(1A) A compliance request must be--'. 26
s 22 27 s 22
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(2) Section 85(6)-- 1
insert-- 2
3
`Example--
4
A condition of a compliance permit for on-site sewerage work may
5
require the owner of the relevant premises to install a grease arrester for
6
the premises.'.
(3) Section 85(1A) to (9)-- 7
renumber as section 85(2) to (10). 8
(4) Section 85(9), as renumbered, `subsection (4)'-- 9
omit, insert-- 10
`subsection (5)'. 11
(5) Section 85-- 12
insert-- 13
`(11) If an information request is made and the local government 14
does not receive the information requested within the 15
following period, the compliance request lapses-- 16
(a) generally--1 year after the request was made; 17
(b) if, within the year, the local government agrees to a 18
longer period--the longer period. 19
`(12) If the compliance request lapses under subsection (11), the fee 20
that accompanied the application is not refundable.'. 21
Clause 22 Insertion of new ss 85A to 85E 22
Part 4, division 3, after section 85-- 23
insert-- 24
`85A Local government's power to stop further greywater 25
use facility requests for premises in a sewered area 26
`(1) A local government may, by resolution, decide that no further 27
compliance requests can be made to it for regulated work to 28
the extent the work is for, or includes, a greywater use facility 29
(a greywater use facility request) for premises in a sewered 30
area. 31
s 22 28 s 22
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(2) The local government must-- 1
(a) as soon as practicable after the resolution takes effect, 2
give the chief executive a copy; and 3
(b) while resolution has effect, ensure a copy is open to 4
inspection under the Local Government Act 1993. 5
`(3) While the resolution is in effect, a greywater use facility 6
request can not be made to the local government for premises 7
in a sewered area. 8
`(4) To remove any doubt, it is declared that subsection (3) does 9
not affect-- 10
(a) a greywater use facility request made to the local 11
government before the resolution took effect; or 12
(b) a compliance permit or compliance certificate given by 13
the local government before the resolution took effect 14
for regulated work for, or that includes, a greywater use 15
facility; or 16
(c) the operation of section 128M.13 17
`85B Restrictions on giving compliance permit for 18
greywater use facility in a sewered area 19
`(1) This section applies to a compliance request only to the extent 20
it is for regulated work for, or that includes, a greywater use 21
facility in a sewered area.14 22
`(2) A compliance permit may be granted for the work only if-- 23
(a) the premises at which the facility is proposed to be 24
installed-- 25
(i) is-- 26
13 Section 128M (Offences about discharging greywater other than kitchen greywater
from premises)
14 See also section 128M (Offences about discharging greywater other than kitchen
greywater from premises).
s 22 29 s 22
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(A) classified under the Building Code of 1
Australia as a class 1a building;15 or 2
(B) being used, or proposed to be used, for a use 3
prescribed under the Standard Plumbing and 4
Drainage Regulation; and 5
(ii) generates greywater of less than 3000L a day; and 6
(iii) is not-- 7
(A) part of a community titles scheme under the 8
Body Corporate and Community 9
Management Act 1997; or 10
(B) in an area that the local government has, by 11
resolution or in a planning instrument under 12
the Integrated Planning Act 1997, declared 13
to be unsuitable for greywater use; and 14
(b) either-- 15
(i) the facility's greywater treatment plant has a chief 16
executive approval; or 17
(ii) the facility's greywater diversion device has 18
plumbing code authorisation and certification; and 19
(c) the facility's greywater treatment plant and greywater 20
diversion device have a connection to sanitary drainage; 21
and 22
(d) greywater can be diverted to sanitary drainage by a 23
manual diversion device; and 24
(e) greywater can automatically overflow to sanitary 25
drainage if the facility's filtering or irrigation system 26
does not work or does not work properly. 27
15 Building Code of Australia, 2005 edition, part A3.2--
`Classifications
Buildings are classified as follows:...
Class 1a--a single dwelling being--
(i) a detached house; or
(ii) one or more attached dwellings, each being a building, separated by a fire
resisting wall, including a row house, terrace house, town house or villa
units. '.
s 22 30 s 22
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(3) In making the resolution or instrument or deciding an 1
application for a compliance permit, the local government 2
must consider any criteria prescribed under the Standard 3
Plumbing and Drainage Regulation. 4
`85C Restrictions on giving compliance permit for 5
greywater use facility not in a sewered area 6
`(1) This section applies to a compliance request only to the extent 7
it is for regulated work for, or that includes, a greywater use 8
facility not in a sewered area. 9
`(2) A compliance permit may be granted for the work only if-- 10
(a) the facility complies with the Standard Plumbing and 11
Drainage Regulation; and 12
(b) the local government is satisfied-- 13
(i) there is enough water available to the premises at 14
which the facility is proposed to be installed to 15
operate the facility; and 16
(ii) either-- 17
(A) there is enough suitable land available as part 18
of the premises to allow greywater from the 19
facility to be used on the land; or 20
(B) a suitable alternative arrangement has been 21
made for the use of the greywater; and 22
(c) either-- 23
(i) the facility's greywater treatment plant has a chief 24
executive approval; or 25
(ii) the facility's greywater diversion device has 26
plumbing code authorisation and certification. 27
`(3) However, subsection (2)(c) does not apply if the facility is for 28
testing purposes. 29
s 22 31 s 22
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`85D Restrictions on giving compliance permit for 1
particular on-site sewerage work 2
`(1) This section applies to a compliance request for on-site 3
sewerage work other than work that is for, or includes, a 4
greywater use facility. 5
`(2) A compliance permit may be granted for the on-site sewerage 6
work only if-- 7
(a) either-- 8
(i) the premises on which the on-site sewerage work is 9
to be performed is outside a sewered area; or 10
(ii) the on-site sewerage facility for which the on-site 11
sewerage work is to be performed is required as 12
part of common effluent drainage; and 13
(b) the local government is satisfied-- 14
(i) there is enough water available to the premises to 15
operate the on-site sewerage facility; and 16
(ii) either-- 17
(A) there is enough suitable land available as part 18
of the premises to dispose of effluent from 19
the on-site sewerage facility; or 20
(B) a suitable alternative arrangement has been 21
made to dispose of the effluent; and 22
(iii) the on-site sewerage facility is otherwise 23
appropriate for the premises; and 24
(c) any item for the on-site sewerage work for which a chief 25
executive approval is required under this Act complies 26
with a chief executive approval; and 27
(d) any septic tank for the on-site sewerage work complies 28
with the Standard Plumbing and Drainage Regulation. 29
`(3) However, subsection (2)(c) and (d) does not apply if the 30
on-site sewerage work is for testing purposes. 31
s 23 32 s 24
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`85E Special provisions for assessing plan for work for 1
testing purposes 2
`(1) This section applies for assessing a compliance request for 3
work for testing purposes. 4
`(2) The period of 10 business days under section 85(4) is changed 5
to 20 business days. 6
`(3) Subsections (4) and (5) apply instead of section 85(5) and 7
apply for the time mentioned in section 85(9). 8
`(4) The compliance request must be decided within-- 9
(a) generally, the period (the usual period) that ends 40 10
business days after-- 11
(i) if an information request is not made--receipt of 12
the compliance request; or 13
(ii) if an information request is made--receipt of the 14
information requested; or 15
(b) if, within the usual period, the local government decides 16
to extend the decision period to a longer period--the 17
extended period. 18
`(5) The extended period must not end more than 40 business days 19
after the usual period.'. 20
Clause 23 Amendment of pt 4, div 4, hdg (Assessing plumbing and 21
drainage work) 22
Part 4, division 4, heading, after `plumbing and drainage 23
work'-- 24
insert-- 25
`and on-site sewerage work'. 26
Clause 24 Amendment of s 86 (Process for assessing regulated 27
work) 28
(1) Section 86, heading-- 29
omit, insert-- 30
s 24 33 s 24
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`86 General process for assessing regulated work and 1
on-site sewerage work'. 2
(2) Before section 86(1)-- 3
insert-- 4
`(1AA) This section applies, subject to sections 86B and 86C, for 5
assessing the following work (the work)-- 6
(a) regulated work other than regulated work mentioned in 7
section 86A(1); 8
(b) on-site sewerage work.'. 9
(3) Section 86(1), `regulated work'-- 10
omit, insert-- 11
`the work'. 12
(4) Section 86-- 13
insert-- 14
`(2A) However, a request for compliance assessment that is for, or 15
that includes, a greywater use facility for testing purposes may 16
be made only if a testing approval has been granted for the 17
facility. 18
`(3A) However, if the work is on-site sewerage work, the local 19
government may decide not to carry out the assessment if an 20
approved person for the assessment gives it a notice (a notice 21
of compliance) in the approved form verifying that the work 22
complies with-- 23
(a) the relevant compliance permit; and 24
(b) the Standard Plumbing and Drainage Regulation.'. 25
(5) Section 86(3), `a regulation'-- 26
omit, insert-- 27
`the Standard Plumbing and Drainage Regulation'. 28
(6) Section 86(4), after `assessing the work'-- 29
insert-- 30
`or, if a notice of compliance is given, the giving of the 31
notice,'. 32
s 25 34 s 26
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(7) Section 86(5), after `The request'-- 1
insert-- 2
`for compliance assessment'. 3
(8) Section 86(8), `subsection (5)'-- 4
omit, insert-- 5
`subsection (8)'. 6
(9) Section 86(1AA) to (9)-- 7
renumber as section 86(1) to (12). 8
(10) Section 86-- 9
insert-- 10
`(13) In this section-- 11
approved person, for assessment of on-site sewerage work, 12
means the person who designed the on-site sewerage facility 13
to which the work relates and who-- 14
(a) in the local government's opinion, is competent to give a 15
notice of compliance; and 16
(b) if the person is required by law to be registered or 17
licensed under a law applying in the State to practise in 18
the aspect of the work--is so registered or licensed.'. 19
Clause 25 Amendment of s 86A (Process for assessing certain 20
regulated work in remote areas) 21
Section 86A, after `regulated work'-- 22
insert-- 23
`or on-site sewerage work'. 24
Clause 26 Insertion of new ss 86B to 86G 25
After section 86A-- 26
s 26 35 s 26
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
insert-- 1
`86B Special provisions for assessing on-site sewerage 2
work for testing purposes 3
`(1) This section applies for a request for compliance assessment 4
for on-site sewerage work for testing purposes. 5
`(2) A person can make the request only if a testing approval has 6
been granted for the facility to which the work relates. 7
`(3) The request must be decided within 10 business days-- 8
(a) if the local government has not asked for the plan--after 9
assessing the completed work; or 10
(b) if the local government has asked for the plan--after it 11
receives the plan. 12
`86C Conditions of compliance certificate 13
`(1) Conditions can not be imposed on a compliance certificate for 14
regulated work other than for a greywater use facility. 15
`(2) Conditions may be imposed on a compliance certificate for 16
regulated work for a greywater use facility only if they relate 17
to the ongoing operation, maintenance or testing of the 18
facility. 19
20
Example--
21
a condition requiring the owner of the relevant premises to maintain, in a
22
stated way, the facility's filtering system
`(3) Conditions may be imposed on a compliance certificate for 23
on-site sewerage work only if they relate to the ongoing 24
operation, maintenance or testing of the relevant on-site 25
sewerage facility. 26
27
Examples--
28
1 A condition could require the owner of the relevant premises to do
29
all or any of the following--
30
· keep an area of land (commonly called a `land application
31
area') in reserve for the future replacement of effluent
32
disposal in relation to the facility
33
· maintain any grease arrester for the premises in a stated way
s 26 36 s 26
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
1
· have in place an arrangement for the carrying out of stated
2
maintenance of the relevant on-site sewerage facility with a
3
person who can lawfully do so
4
· replace a part of the facility at stated intervals.
5
2 If the relevant on-site sewerage facility includes a sewage treatment
6
plant, a condition could require the owner of the relevant premises
7
not to dispose of effluent from the plant by spraying or in another
8
way that produces aerial mists or sprays.
`Division 4A Compliance certificates 9
`86D Effect of later grant of chief executive approval 10
`(1) This section applies if-- 11
(a) a compliance certificate is given for work for testing 12
purposes; and 13
(b) after the giving of the certificate, a chief executive 14
approval is granted for each item relating to the work. 15
`(2) The certificate continues in force. 16
`(3) However, the local government may replace the certificate 17
with a new certificate that has different conditions for the 18
ongoing operation, maintenance or testing of the relevant 19
greywater use facility or on-site sewerage facility. 20
`86E Effect of refusal or withdrawal of application for chief 21
executive approval 22
`(1) This section applies if-- 23
(a) a compliance certificate is given for work for testing 24
purposes; and 25
(b) after the giving of the certificate, an application for a 26
chief executive approval for an item for the work is 27
refused or withdrawn. 28
`(2) The certificate ceases to have any effect. 29
`(3) The local government may, by written notice, require the 30
former holder of the certificate to remove all or a stated part of 31
the relevant greywater use facility or on-site sewerage facility. 32
s 27 37 s 27
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(4) The former holder must comply with the notice as soon as 1
practicable after receiving it. 2
Maximum penalty for subsection (4)--100 penalty units. 3
`86F Ending of particular compliance certificates for 4
testing 5
`A compliance certificate given for work for testing purposes 6
ceases to have effect if any chief executive approval for an 7
item that relates to the work ends.16 8
`86G Power to amend conditions of particular compliance 9
certificates 10
`(1) The local government may, by complying with subsections (2) 11
and (3), amend a condition of a compliance certificate for 12
work for testing purposes if it considers the amendment is 13
necessary or desirable because of a change in a relevant chief 14
executive approval. 15
`(2) The local government must give the owner of the premises for 16
which the certificate was given a written notice stating-- 17
(a) the proposed amendment, and the reasons for it; and 18
(b) that the owner may, within a stated reasonable period, 19
make written submissions to the local government about 20
the proposal. 21
`(3) The local government must consider any written submissions 22
made by the owner within the stated period. 23
`(4) If the local government decides to make the amendment, it 24
must give the owner an information notice about the 25
decision.'. 26
Clause 27 Replacement of s 87 (Minor work) 27
Section 87-- 28
16 For when chief executive approval ends, see section 96 (Term of chief executive
approval).
s 28 38 s 28
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
omit, insert-- 1
`Division 4B Minor and unregulated work 2
`87 Minor work 3
`(1) This section applies for minor work, prescribed under the 4
Standard Plumbing and Drainage Regulation as notifiable 5
minor work, that has been completed. 6
`(2) The following person must, in the way and at the time 7
required under this section, give the local government notice 8
of the work-- 9
(a) if it was carried out by or for an entity (a relevant entity) 10
that is a public sector entity or an entity mentioned in 11
section 89(2)--the relevant entity; 12
(b) otherwise--the person who carried out the work. 13
Maximum penalty--10 penalty units. 14
`(3) For a relevant entity, the notice must be written. 15
`(4) For another person, the notice must be in the approved form. 16
`(5) The notice must be given within the following period after the 17
completion-- 18
(a) if the minor work is temporarily installed downstream of 19
a backflow prevention device and the work remains in 20
place for less than 4 weeks--20 business days; 21
(b) for other minor work-- 22
(i) for a relevant entity--1 year; or 23
(ii) for another person--40 business days. 24
`(6) The local government may, but need not, assess the work.'. 25
Clause 28 Replacement of pt 5 (On-site sewerage facilities) 26
Part 5-- 27
omit, insert-- 28
s 28 39 s 28
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`Part 5 Chief executive approvals 1
`Division 1 Applying for and obtaining approval 2
`91 Applying for chief executive approval 3
`A person may, in the approved form, apply to the chief 4
executive for an approval (a chief executive approval) for-- 5
(a) an on-site sewage treatment plant or greywater treatment 6
plant if all of the plant is built on the premises where it 7
is, or is to be, used; or 8
(b) an element of an on-site sewage treatment plant or 9
greywater treatment plant, if all of the element is built 10
on the premises where the plant is, or is to be, used; or 11
(c) a wholly prefabricated on-site sewage treatment plant or 12
greywater treatment plant; or 13
(d) a prefabricated element of an on-site sewage treatment 14
plant or greywater treatment plant; or 15
(e) an on-site sewage treatment plant or greywater treatment 16
plant or element of an on-site sewage treatment plant or 17
greywater treatment plant mentioned in paragraphs (a) 18
to (d) if the plant is proposed to be installed only for 19
testing purposes. 20
`92 Information request 21
`(1) The chief executive may give the applicant a written notice 22
(an information request) requesting further information from 23
the applicant needed to decide the application. 24
`(2) An information request must be made within 20 business days 25
after the application is received. 26
`(3) However, if information is given under an information request 27
made within the 20 business days, another information request 28
may be made within 20 business days after the information is 29
received. 30
s 28 40 s 28
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(4) If an information request is made and the chief executive does 1
not receive the information requested within the following 2
period, the application lapses-- 3
(a) generally--1 year after the request was made; 4
(b) if, within the year, the chief executive agrees to a longer 5
period--the longer period. 6
`93 Deciding application 7
`(1) The chief executive must decide the application within the 8
later of the following periods to end-- 9
(a) 40 business days after the chief executive received the 10
application; 11
(b) 40 business days after the information required under 12
the last information request made under section 92 is 13
received; 14
(c) a further 40 business days stated in a written notice by 15
the chief executive given within the latest of the periods 16
under paragraph (a) or (b) to end; 17
(d) a longer period agreed between the applicant and the 18
chief executive. 19
`(2) However, the application may be granted only if the chief 20
executive is reasonably satisfied the item the subject of the 21
application complies with the Standard Plumbing and 22
Drainage Regulation. 23
`(3) Also, if the item the subject of the application is a greywater 24
use facility or on-site sewerage facility, the chief executive 25
may refuse the application but decide to give a testing 26
approval for the item. 27
`94 Conditions of approval 28
`(1) The chief executive may impose conditions on the approval, 29
including, for example, conditions about the way the item the 30
subject of the approval must be built or manufactured, 31
installed, operated and serviced. 32
s 28 41 s 28
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
1
Example--
2
A chief executive approval for a particular model of on-site sewage
3
treatment plant may require that the plant may be supplied only if it is
4
supplied with each of the following--
5
· evidence of the approval
6
· details of the model of the plant
7
· instructions for its building or manufacture, installation, operation,
8
and maintenance.
`(2) If the item the subject of the approval is an on-site sewerage 9
facility, the conditions may authorise the dismantling or 10
taking away of all or part of the installed facility.17 11
`95 Information notice 12
`If the chief executive decides to refuse the application or 13
issue an approval with conditions, the chief executive must, as 14
soon as practicable, give the applicant an information notice 15
about the decision.18 16
`Division 2 Miscellaneous provisions 17
`96 Term of chief executive approval 18
`Subject to section 97, a chief executive approval lasts for-- 19
(a) the period stated in it; or 20
(b) if no period is stated-- 21
(i) for a testing approval--1 year or a longer period 22
the chief executive agrees to in writing before the 23
year ends; or 24
(ii) otherwise--5 years. 25
17 See section 128 (Restriction on dismantling or taking away on-site sewerage
facility).
18 For appeals against the decision, see the Integrated Planning Act 1997, chapter 4
(Appeals, offences and enforcement), part 2 (Building and development tribunals),
divisions 4 to 6.
s 29 42 s 30
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`97 Renewals 1
`(1) The holder of a chief executive approval may, before the term 2
of the approval ends, apply to the chief executive to renew the 3
approval. 4
`(2) Sections 91 to 96 apply for the renewal application as if-- 5
(a) it were an application for a chief executive approval; and 6
(b) the reference in section 96 to a chief executive approval 7
were a reference to the renewed authority. 8
`98 Publication of chief executive approvals 9
`Within a reasonable period after granting a chief executive 10
approval, the chief executive must-- 11
(a) by gazette notice-- 12
(i) notify the giving of the approval; and 13
(ii) advise where a copy of the approval may be 14
examined or obtained; and 15
(b) ensure the copy may be examined free of charge, and 16
obtained at a reasonable cost, at a place stated in the 17
notice.'. 18
Clause 29 Replacement of pt 6, hdg (Investigation, enforcement and 19
offences) 20
Part 6, heading-- 21
omit insert-- 22
`Part 6 Investigation and enforcement 23
by local governments'. 24
Clause 30 Amendment of s 114 (Functions and powers of 25
inspectors and relationship to the Local Government Act 26
1993) 27
Section 114(2), after `plumbing or drainage'-- 28
s 31 43 s 32
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
insert-- 1
`or an on-site sewerage facility'. 2
Clause 31 Amendment of s 115 (Show cause notices) 3
Section 115(1), `section 116(1)(b) or (c)'-- 4
omit, insert-- 5
`section 116(1)(a)(ii) to (iv)'. 6
Clause 32 Replacement of s 116 (Enforcement notices for plumbing 7
and drainage) 8
Section 116-- 9
omit, insert-- 10
`116 Enforcement notices 11
`(1) A local government may give written notice to the owner of 12
premises requiring the owner to do a stated thing if the local 13
government reasonably believes-- 14
(a) plumbing or drainage or an on-site sewerage facility on 15
the premises-- 16
(i) is in a condition, or functions in a way, that 17
constitutes a danger or health risk to occupiers of 18
the premises or the public; or 19
(ii) is defective and should be altered, repaired or 20
replaced; or 21
(iii) is not adequate to deal with the sewage generated 22
on the premises or is in a condition that 23
unreasonably interferes, or is likely to 24
unreasonably interfere, with the use or enjoyment 25
of any other premises; or 26
(iv) was installed without, or not in accordance with, 27
the local government's approval; or 28
(b) the premises is not in a sewered area and the absence of 29
an on-site sewerage facility on the premises constitutes a 30
danger or health risk to occupiers of the premises or the 31
public; or 32
s 33 44 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(c) the owner has contravened, or is contravening, section 1
128K, 128L or 128M.19 2
`(2) A local government may give written notice to a person who 3
has performed plumbing or drainage work or on-site sewerage 4
work requiring the person to do a stated thing if the local 5
government reasonably believes the work does not comply 6
with this Act. 7
`(3) Without limiting what may be required under subsection (1) 8
or (2), a notice under subsection (1) or (2) may require the 9
owner or person to do any of the following-- 10
(a) request a compliance assessment; 11
(b) do, or not do, a stated thing to ensure plumbing or 12
drainage work or on-site sewerage work complies with 13
this Act or a relevant compliance permit or certificate; 14
(c) alter, repair, replace or remove plumbing or drainage 15
work or on-site sewerage work.'. 16
Clause 33 Amendment of s 118 (Relationship with Integrated 17
Planning Act 1997) 18
Section 118(2), `section 116(1)(a)'-- 19
omit, insert-- 20
`section 116(1)(a)(i) or (b) or (c)'. 21
Clause 34 Replacement of pt 6, divs 35 22
Part 6, divisions 3 to 5-- 23
omit, insert-- 24
19 Section 128K (Offence about discharging blackwater), 128L (Offence about
discharging kitchen greywater from premises) or 128M (Offences about discharging
greywater other than kitchen greywater from premises)
s 34 45 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`Part 6A General offences 1
`Division 1 Offences about licences 2
`119 Offences by persons not holding appropriate licence 3
`A person must not perform, direct the performance of, or 4
supervise, work for which a licence is required unless the 5
person holds a licence that entitles the person to perform the 6
work. 7
Maximum penalty--165 penalty units. 8
`120 Offence of directing or supervising unlicensed work 9
`A licensed person for work must not direct someone else to 10
perform the work, or supervise someone else in the 11
performance of the work, if-- 12
(a) under this Act, a licence is required to perform the work; 13
and 14
(b) the other person is not a licensed person for the work. 15
Maximum penalty--165 penalty units. 16
`121 Exemptions for ss 119 and 120 17
`(1) A person does not commit an offence against section 119 or 18
120 if the work mentioned in the section is-- 19
(a) only the excavation or back filling of trenches, or other 20
work of an unskilled nature; or 21
(b) performed by a designated person, under the direct 22
supervision of a licensed person for the work; or 23
(c) drainage work performed under the direct supervision of 24
a person holding a drainers licence; or 25
(d) the installation of all or part of a greywater application 26
area for a greywater use facility. 27
s 34 46 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(2) In this section-- 1
designated person means a person who-- 2
(a) is an apprentice, trainee or student enrolled in a course 3
that-- 4
(i) under the Vocational, Education, Training and 5
Employment Act 2000, is conducted by a registered 6
training organisation and leads to the issue of a 7
qualification or statement of attainment; and 8
(ii) relates to plumbing, drainage or on-site sewerage 9
work; and 10
(b) has agreed with a TAFE institute under that Act and an 11
employer to take part in a vocational placement scheme 12
under that Act. 13
`122 Contravening licence conditions 14
`The holder of a licence must not contravene a condition of 15
the licence. 16
Maximum penalty--100 penalty units. 17
`123 Limitations on provisional licence holders 18
`(1) The holder of a provisional licence must not enter into a 19
contract, other than a contract of employment, for performing 20
work the holder is entitled to perform under the licence. 21
Maximum penalty--100 penalty units. 22
`(2) The holder of a provisional licence must not perform work the 23
holder is entitled to perform under the licence unless the work 24
is performed under the supervision of a licensee entitled to do 25
the work being performed. 26
Maximum penalty--100 penalty units. 27
`124 Restriction on advertising for the carrying out of 28
particular work 29
`A person must not advertise that the person is available to 30
carry out plumbing or drainage work, other than unregulated 31
s 34 47 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
work, unless the person is the holder of a licence under this 1
Act that entitles the person to carry out the work. 2
Maximum penalty--100 penalty units. 3
`Division 2 Building and installation and related 4
offences 5
`125 Restriction on building or installing particular on-site 6
sewerage treatment plant 7
`A person must not build or install an on-site sewerage 8
treatment plant (other than an on-site sewerage treatment 9
plant that consists only of a septic tank) unless-- 10
(a) a chief executive approval has been given for the plant; 11
and 12
(b) the building or installation complies with all conditions 13
of the chief executive approval.20 14
Maximum penalty--165 penalty units. 15
`126 Restriction on building or installing greywater use 16
facility 17
`A person must not build or install a greywater use facility 18
unless-- 19
(a) a chief executive approval has been given for any 20
greywater treatment plant for the facility; and 21
(b) the building or installation complies with all conditions 22
of-- 23
(i) the chief executive approval; and 24
(ii) any plumbing code authorisation and certification 25
for any greywater diversion device for the facility. 26
Maximum penalty--165 penalty units. 27
20 For septic tanks, see also section 85D(2)(c) (Restrictions on giving compliance
permit for particular on-site sewerage work).
s 34 48 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`127 Restriction on building or installing chemical, 1
composting or incinerating toilet 2
`A person must not build or install a chemical, composting or 3
incinerating toilet unless the building or installation complies 4
with the EPA design rules. 5
Maximum penalty--100 penalty units. 6
`128 Restriction on dismantling or taking away on-site 7
sewerage facility 8
`A person must not dismantle or take away all or part of an 9
on-site sewerage facility installed on premises unless the 10
dismantling or taking away is authorised in writing by the 11
local government or under a chief executive approval. 12
Maximum penalty--100 penalty units. 13
`128A Offence to pollute service provider's services 14
`(1) In carrying out plumbing work, a person must not do anything 15
likely to pollute water in a water service provider's water 16
service as defined under the Water Act 2000. 17
Maximum penalty--165 penalty units. 18
`(2) In carrying out drainage work, a person must not do anything 19
likely to pollute a sewerage service provider's sewerage 20
service. 21
Maximum penalty--165 penalty units. 22
`Division 3 Operating restrictions 23
`128B Owner's obligation to ensure compliance with 24
conditions of compliance certificate 25
`The owner of premises for which a compliance certificate has 26
been given for regulated work for a greywater use facility, or 27
for on-site sewerage work for an on-site sewerage facility, 28
s 34 49 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
must ensure all conditions of the certificate are complied 1
with.21 2
Maximum penalty--165 penalty units. 3
`128C Restriction on operating chemical, composting or 4
incinerating toilet 5
`A person must not operate a chemical, composting or 6
incinerating toilet unless the operation complies with the EPA 7
design rules.22 8
Maximum penalty--100 penalty units. 9
`128D Restriction on operating particular on-site sewerage 10
facilities 11
`A person must not operate an on-site sewerage facility (other 12
than a chemical, composting or incinerating toilet) in a way 13
that does not comply with the Standard Plumbing and 14
Drainage Regulation.23 15
Maximum penalty--100 penalty units. 16
`128E Restrictions on operating particular on-site sewerage 17
treatment plant 18
`A person must not operate an on-site sewage treatment plant 19
(other than an on-site sewage treatment plant consisting only 20
of a septic tank) unless-- 21
21 For access to the conditions, see section 143 (Local government's obligation to keep
particular records).
See also section 128F (Restrictions on operating greywater use facility).
22 See however section 170 (Exemption from particular offences for particular on-site
sewerage facilities built or installed before 30 April 1998).
23 See however section 170 (Exemption from particular offences for particular on-site
sewerage facilities built or installed before 30 April 1998).
s 34 50 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(a) a compliance certificate has been given for the on-site 1
sewerage work for the on-site sewerage facility of which 2
the plant is a part;24 and 3
(b) the operation complies with all conditions of-- 4
(i) the compliance certificate; and 5
(ii) the chief executive approval for the plant. 25
6
Maximum penalty--100 penalty units. 7
`128F Restrictions on operating greywater use facility 8
`A person must not operate a greywater use facility unless-- 9
(a) a compliance certificate has been given for the regulated 10
work for the facility;26 and 11
(b) the operation complies with all conditions of-- 12
(i) the compliance certificate; and 13
(ii) the chief executive approval for the facility's 14
greywater treatment plant; and 15
(iii) any plumbing code authorisation and certification 16
for the facility's greywater diversion device. 17
Maximum penalty--100 penalty units. 18
`128G Owner's obligation to maintain plumbing and 19
drainage and on-site sewerage facility 20
`(1) The owner of premises must take all reasonable steps to 21
ensure all plumbing and drainage and any on-site sewerage 22
facility on the premises is kept in good condition and operates 23
properly. 24
Maximum penalty--165 penalty units. 25
24 For access to the conditions, see section 143 (Local government's obligation to keep
particular records).
25 See however section 170 (Exemption from particular offences for particular on-site
sewerage facilities built or installed before 30 April 1998).
26 For access to the conditions, see section 143 (Local government's obligation to keep
particular records).
s 34 51 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(2) If the plumbing and drainage is a greywater use facility, 1
evidence that the facility has not been maintained in 2
accordance with the manufacturer's instructions for that type 3
of facility is evidence that the facility has not been kept in 4
good condition or has not been operated properly. 5
`128H Obligations of person who services on-site sewerage 6
facility 7
`(1) If a person services an on-site sewerage facility, the person 8
must-- 9
(a) give the local government a written report on the 10
condition of the facility within 1 month after servicing 11
it; and 12
(b) give a copy of the report to the owner of the facility as 13
soon as practicable after servicing it. 14
Maximum penalty--40 penalty units. 15
`(2) The person must not in the report make a statement to the 16
local government or the owner about the facility that the 17
person knows is false or misleading in a material particular. 18
Maximum penalty--100 penalty units. 19
`Division 4 Prohibitions on removing or 20
tampering with particular devices 21
`128I Backflow prevention devices 22
`A person must not do any of the following unless authorised 23
under this or another Act-- 24
(a) remove a backflow prevention device installed on 25
premises; 26
(b) do anything to a backflow prevention device installed on 27
premises that renders it inoperable. 28
Maximum penalty--165 penalty units. 29
s 34 52 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`128J Hot water control devices 1
`(1) A person must not do any of the following unless authorised 2
under this or another Act-- 3
(a) remove a hot water control device installed on premises; 4
(b) do anything to a hot water control device installed on 5
premises that renders it inoperable. 6
Maximum penalty--165 penalty units. 7
`(2) In this section-- 8
hot water control device means-- 9
(a) a mixing valve in which the temperature from the mixed 10
water outlet is automatically controlled by a 11
thermostatic element or sensor to a preselected 12
temperature; or 13
(b) a mixing valve that is temperature actuated and is used 14
to temper a hot water supply with cold water to provide 15
hot water at a lower temperature at 1 or more outlet 16
fixtures; or 17
(c) any other device installed to deliver hot water at a lower 18
temperature at 1 or more outlet fixtures. 19
`Division 5 Discharge and disposal offences 20
`128K Offence about discharging blackwater 21
`(1) The owner of premises must ensure all blackwater from 22
plumbing and drainage on the premises is discharged into-- 23
(a) if the premises is in a sewered area--the infrastructure 24
of the sewerage service provider for area's sewerage 25
service; or 26
(b) if the premises is not in a sewered area-- 27
(i) an on-site sewerage facility;27 or 28
27 See also section 125 (Restriction on building or installing particular on-site
sewerage treatment plant).
s 34 53 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(ii) a dry-vault toilet; or 1
(iii) an environmentally relevant on-site sewerage 2
facility.28 3
Maximum penalty--500 penalty units. 4
`(2) In this section-- 5
blackwater means-- 6
(a) waste discharged from a human body into a toilet; and 7
(b) water used for the discharge. 8
`128L Offence about discharging kitchen greywater from 9
premises 10
`The owner of premises must ensure kitchen greywater from 11
plumbing and drainage on the premises is discharged into-- 12
(a) if the premises is in a sewered area--the infrastructure 13
of the sewerage service provider for area's sewerage 14
service; or 15
(b) if the premises is not in a sewered area-- 16
(i) an on-site sewerage facility;29 or 17
(ii) an environmentally relevant on-site sewerage 18
facility;30 or 19
(iii) a greywater use facility that includes a greywater 20
treatment plant.31 21
Maximum penalty--500 penalty units. 22
28 See also the Environmental Protection (Waste Management) Regulation 2000,
section 67 (Prohibition on use of non-complying waste equipment).
29 See also section 125 (Restriction on building or installing particular on-site
sewerage treatment plant).
30 See also the Environmental Protection (Waste Management) Regulation 2000,
section 67 (Prohibition on use of non-complying waste equipment).
31 See also sections 82 (Plans and all plumbing and drainage work must comply), 119
(Offences by persons not holding appropriate licence), 128B (Owner's obligation to
ensure compliance with conditions of compliance certificate) and section 128F
(Restrictions on operating greywater use facility).
s 34 54 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`128M Offences about discharging greywater other than 1
kitchen greywater from premises 2
`(1) This section applies to the owner of premises for the discharge 3
of greywater, other than kitchen greywater, from plumbing 4
and drainage on the premises. 5
`(2) If the premises is in a sewered area, the owner must ensure the 6
greywater is-- 7
(a) discharged into-- 8
(i) the infrastructure of the sewerage service provider 9
for area's sewerage service; or 10
(ii) a greywater use facility;32 or 11
(b) carried by bucket to a garden or lawn. 12
Maximum penalty--500 penalty units. 13
`(3) If the premises is not in a sewered area, the owner must ensure 14
the greywater is-- 15
(a) discharged into-- 16
(i) an on-site sewerage facility;33 or 17
(ii) an environmentally relevant on-site sewerage 18
facility;34 or 19
(iii) a greywater use facility;35 or 20
(b) carried by bucket to a garden or lawn. 21
Maximum penalty--500 penalty units. 22
32 See also sections 82 (Plans and all plumbing and drainage work must comply), 119
(Offences by persons not holding appropriate licence), 128B (Owner's obligation to
ensure compliance with conditions of compliance certificate) and section 128F
(Restrictions on operating greywater use facility).
33 See also division 2 (Building and installation and related offences).
34 See also the Environmental Protection (Waste Management) Regulation 2000,
section 67 (Prohibition on use of non-complying waste equipment).
35 See also sections 82 (Plans and all plumbing and drainage work must comply), 119
(Offences by persons not holding appropriate licence), 128B (Owner's obligation to
ensure compliance with conditions of compliance certificate) and section 128F
(Restrictions on operating greywater use facility).
s 34 55 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`(4) The owner must also ensure-- 1
(a) the greywater does not cause an odour that unreasonably 2
interferes, or is likely to unreasonably interfere, with the 3
use or enjoyment of any other premises; or 4
(b) any ponding or run-off of the greywater does not cause a 5
danger or health risk to any one. 6
Maximum penalty--100 penalty units. 7
`(5) To remove any doubt, it is declared that subsection (4) applies 8
regardless of the way in which the greywater is discharged. 9
`128N Permissible and prohibited discharges 10
`(1) A person must not discharge waste, other than sewage the 11
facility is designed to receive, into an on-site sewerage 12
facility. 13
Maximum penalty--165 penalty units. 14
`(2) A person must not discharge a prohibited substance into an 15
on-site sewerage facility. 16
Maximum penalty--165 penalty units. 17
`128O Stormwater drainage must be separate from on-site 18
sewerage facility 19
`(1) The owner of premises must not allow a part of a stormwater 20
installation for the premises to be connected to an on-site 21
sewerage facility. 22
Maximum penalty--165 penalty units. 23
`(2) If an owner of premises becomes aware that a part of a 24
stormwater installation for the premises is connected to any 25
on-site sewerage facility, the owner must, as soon as 26
reasonably practicable, take all necessary steps for 27
disconnecting the stormwater installation for the premises 28
from the on-site sewerage facility. 29
Maximum penalty--165 penalty units. 30
s 34 56 s 34
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`128P Disposal of contents of on-site sewerage facility 1
`(1) A person must not dispose of the contents (other than effluent) 2
of an on-site sewerage facility other than in a place, and a way, 3
approved by the local government. 4
Maximum penalty--100 penalty units. 5
`(2) A person must not dispose of effluent from an on-site 6
sewerage facility other than to common effluent drainage or in 7
another place, and a way, approved by the local government. 8
Maximum penalty--100 penalty units. 9
`(3) Subsections (1) and (2) do not apply to contents or effluent 10
removed for testing. 11
`Division 6 Other offences 12
`128Q Misleading statement by builder, manufacturer or 13
supplier 14
`(1) A builder, manufacturer or supplier of an item must not make 15
a statement to another person that is to the effect that the item 16
has, or that might reasonably suggest that the item has, a chief 17
executive approval, unless a chief executive approval has been 18
granted for the item and the approval is still in force. 19
Maximum penalty--100 penalty units. 20
`(2) A builder, manufacturer or supplier of an item must not make 21
a statement to another person that is to the effect that, or that 22
might reasonably suggest that, the manufacture, installation, 23
operation, service or maintenance of the item complies with 24
the conditions of a chief executive approval, unless a chief 25
executive approval has been granted for the item and the 26
approval is still in force. 27
Maximum penalty--100 penalty units. 28
`(3) In this section-- 29
supplier of an item, if the item is an on-site sewage treatment 30
plant, includes a distributor or seller of on-site sewage 31
treatment plants. 32
s 35 57 s 35
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`128R On-site sewerage facility no longer required 1
`If an on-site sewerage facility is no longer required for 2
premises, other than because the premises have been 3
connected to a sewerage service provider's sewerage system, 4
the owner of the premises must, as soon as reasonably 5
practicable, give the local government written notice it is no 6
longer required. 7
Maximum penalty--40 penalty units. 8
`128S False or misleading documents 9
`A person must not give an investigator or inspector a 10
document containing information the person knows is false or 11
misleading in a material particular. 12
Maximum penalty--40 penalty units. 13
`128T Obstruction of investigators or inspectors 14
`(1) A person must not, without reasonable excuse, obstruct an 15
investigator or inspector exercising a power under this Act. 16
Maximum penalty--40 penalty units. 17
`(2) In this section-- 18
obstruct includes hinder, resist and attempt to obstruct. 19
`128U Impersonation of investigator or inspector 20
`A person must not pretend to be an investigator or inspector. 21
Maximum penalty--40 penalty units.'. 22
Clause 35 Replacement of pt 7, hdg (Reviews) 23
Part 7, heading-- 24
omit, insert-- 25
`Part 7 Reviews about plumbing and 26
drainage licences'. 27
s 36 58 s 40
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Clause 36 Omission of pt 7, div 1, hdg (Reviews about plumbing and 1
drainage licences) 2
Part 7, division 1, heading-- 3
omit. 4
Clause 37 Omission of pt 7, div 2 (Reviews about on-site sewerage 5
facilities) 6
Part 7, division 2-- 7
omit. 8
Clause 38 Insertion of new s 139A 9
After section 139-- 10
insert-- 11
`139A Allegations of false or misleading matters 12
`(1) This section applies to a proceeding for an offence against this 13
Act described as involving a false or misleading document, 14
information or statement. 15
`(2) It is enough for a complaint starting the proceeding to state the 16
document, information or statement made was `false or 17
misleading' to the defendant's knowledge without specifying 18
which.'. 19
Clause 39 Omission of s 142 (Maintenance of existing combined 20
sanitary drains) 21
Section 142-- 22
omit. 23
Clause 40 Replacement of s 143 (Local government's obligation to 24
keep particular records) 25
Section 143-- 26
omit, insert-- 27
s 40 59 s 40
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`143 Local government's obligation to keep particular 1
records 2
`(1) A local government must keep a copy of each of the following 3
documents (each a compliance document) until the 4
designated period for the document ends-- 5
(a) each compliance permit it gives, and the plan and any 6
other document relating to the permit; 7
(b) each compliance certificate it gives, and the plan of 8
assessed work relating to the certificate. 9
`(2) The local government must, until the designated period for a 10
compliance document ends-- 11
(a) keep it open to inspection, as defined under the Local 12
Government Act 1993, section 7; and 13
(b) make a copy available for purchase at its public office at 14
a price not more than the cost to the local government of 15
producing the copy and, if a copy is supplied to a 16
purchaser by post, the cost of postage. 17
`(3) A person employed by the local government who has charge 18
of compliance documents must not obstruct or hinder the 19
inspection or copying of a document under subsection (2). 20
Maximum penalty--10 penalty units. 21
`(4) In this section-- 22
designated period, for a compliance document, means-- 23
(a) if the document relates to a class 2 to 9 building under 24
the Building Code of Australia, until the building is 25
demolished or removed; or 26
(b) if the document relates to a class 1 or 10 building under 27
the Building Code of Australia, the earlier of the 28
following to happen-- 29
(i) the building's demolition or removal; 30
(ii) if the document is, or relates to, a compliance 31
permit--10 years from when the permit was given; 32
s 41 60 s 41
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(iii) if the document is, or relates to, a compliance 1
certificate--10 years from when the certificate was 2
given. 3
`143A Local government register of installed on-site 4
sewerage and greywater use facilities 5
`A local government must keep a register of details of on site 6
sewerage and greywater use facilities installed in its area for 7
which it has given compliance certificates.36 8
`143B Local government's monitoring obligations for 9
greywater use facilities in sewered areas 10
`Each local government must monitor greywater use facilities 11
in sewered areas within its area to ensure-- 12
(a) their operation complies with relevant compliance 13
certificate conditions; and 14
(b) they are not adversely affecting public health, amenity 15
or the environment.'. 16
Clause 41 Amendment of s 144 (Chief executive may publish 17
information) 18
(1) Section 144(a), after `drainage'-- 19
insert-- 20
`and on-site sewerage work'. 21
(2) Section 144(a), example, after `section 83'-- 22
insert-- 23
`or 85B '.37
24
36 See however section 171 (On-site sewerage and greywater use facilities to which s
143A applies).
37 Section 83 (Compliance permit required for certain regulated work or any on-site
sewerage work) or 85B (Restrictions on giving compliance permit for greywater use
facility in a sewered area)
s 42 61 s 45
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Clause 42 Amendment of s 145 (Regulation-making power) 1
Section 145(2), from `plumbing'-- 2
omit, insert-- 3
`any of the following work or inspecting the work-- 4
(a) plumbing and drainage work; 5
(b) on-site sewerage work.'. 6
Clause 43 Renumbering of pt 10, divs 2 to 5, hdgs 7
Part 10, divisions 2 to 5, headings-- 8
renumber as part 10, division 2, subdivisions 1 to 4 9
respectively. 10
Clause 44 Insertion of new pt 10, div 2, hdg 11
After section 147-- 12
insert-- 13
`Division 2 Transitional provisions for Act 14
No. 77 of 2002'. 15
Clause 45 Insertion of new pt 10, div 3 16
After section 159-- 17
insert-- 18
`Division 3 Transitional provisions for 19
Plumbing and Drainage and Other 20
Legislation Amendment Act 2005 21
`160 Definitions for div 3 22
In this division-- 23
commencement means the day this section commences. 24
s 45 62 s 45
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
old part 5 means part 538 as in force immediately before the 1
commencement. 2
old part 7, division 2 means part 7, division 239 as in force 3
immediately before the commencement. 4
old section 96 means section 9640 as in force immediately 5
before the commencement. 6
old section 96 approval means an approval under old section 7
96. 8
`161 Existing applications for model or type specification 9
approval 10
`(1) This section applies to an application under old part 5, 11
division 341 for a model or type specification approval under 12
that part that had not been decided immediately before the 13
commencement. 14
`(2) The application must be decided as if old part 5 were still in 15
force. 16
`(3) Old part 7, division 2, applies to the application as if that 17
division were still in force. 18
`162 Existing model or type specification approval 19
`(1) This section applies to a model or type specification approval 20
under old part 5 in force immediately before the 21
commencement. 22
`(2) The approval continues in force for the rest of the term for 23
which it was given as if it were an approval of that type under 24
part 5 as in force immediately after the commencement. 25
38 Old part 5 (On-site sewerage facilities)
39 Old part 7, division 2 (Reviews about on-site sewerage facilities)
40 Old section 96 (Approval for on-site sewerage facilities)
41 Old part 5, division 3 (Model and type specification approvals)
s 45 63 s 45
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`163 Existing on-site sewerage facility applications 1
`(1) An application for an old section 96 approval that had not 2
been decided immediately before the commencement must be 3
decided as if old section 96 were still in force. 4
`(2) Old part 7, division 2, applies to the application as if that 5
division were still in force. 6
`164 Old section 96 approvals continue 7
`An old section 96 approval in force immediately before the 8
commencement continues in force despite the repeal of old 9
section 96. 10
`165 Exclusion of s 81 for work performed under old 11
section 96 approval 12
`Section 81 does not apply for on-site sewerage work 13
performed, or to be performed, under an old section 96 14
approval. 15
`166 Application of ss 82, 83 and 128B for old 16
section 96 approvals 17
`(1) Sections 82, 83 and 128B42 apply to on-site sewerage work 18
performed under an old section 96 approval granted under 19
section 163 or continued under section 164. 20
`(2) For applying sections 82(2) and 128B, the references in the 21
provisions to a compliance permit or a compliance certificate 22
are taken to be references to the old section 96 approval. 23
42 Sections 82 (Plans and all plumbing and drainage or on-site sewerage work must
comply), 83 (Compliance permit required for certain regulated work or any on-site
sewerage work) and 128B (Owner's obligation to ensure compliance with
conditions of compliance certificate)
s 45 64 s 45
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`167 On-site facility conditions 1
`For applying section 128B, an on-site facility condition of an 2
old section 96 approval is taken to be a condition imposed 3
under section 86C.43 4
`168 Existing notices under old part 5 5
`(1) This section applies if, immediately before the 6
commencement-- 7
(a) a notice had been given under division 4 of old part 5;44 8
and 9
(b) the notice had not been complied with. 10
`(2) The following provisions continue to apply for the notice and 11
subject of the notice as if they had not been repealed-- 12
(a) the section under which the notice was given; 13
(b) old part 7, division 2. 14
`(3) To remove any doubt, it is declared that subsection (2) does 15
not prevent the giving of an enforcement notice for the subject 16
of the notice. 17
`169 Appeal right for decisions under old part 5 18
`(1) This section applies if, immediately before the 19
commencement, a person had been given, or was entitled to 20
be given, an information notice about an original decision 21
under old part 5, division 4. 22
`(2) The person may appeal against the decision to a building and 23
development tribunal against the decision. 24
`(3) The appeal must be started within 20 business days after the 25
day the person is given notice of the decision. 26
43 Section 86C (Conditions of compliance certificate)
44 Old part 5, division 4 (Role of local governments)
s 46 65 s 46
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
`170 Exemption from particular offences for particular 1
on-site sewerage facilities built or installed before 2
30 April 1998 3
`Sections 128C, 128D and 128E45 do not apply to an on-site 4
sewerage facility built or installed before 30 April 1998 5
unless-- 6
(a) a local government approval is given for a change to the 7
facility; or 8
(b) a notice is given under section 11646 for the facility. 9
`171 On-site sewerage and greywater use facilities to 10
which s 143A applies 11
`Section 143A47 only applies for an on-site sewerage or 12
greywater use facility installed after the commencement.'. 13
Clause 46 Amendment of schedule (Dictionary) 14
(1) Schedule, definitions board, built item, drainage, model 15
approval, on-site facility conditions, on-site sewerage code, 16
on-site sewerage facility, original decision, prefabricated 17
item, review decision, review notice and type specification 18
approval-- 19
omit. 20
(2) Schedule-- 21
insert-- 22
`board means the Plumbers and Drainers Board, established 23
under section 5. 24
45 Sections 128C (Restriction on operating chemical, composting or incinerating
toilet), 128D (Restriction on operating particular on-site sewerage facilities) and
128E (Restrictions on operating particular on-site sewerage treatment plant)
See also former section 101(12) (Codes and standards for building, installing or
operating on-site sewerage facilities).
46 Section 116 (Enforcement notices)
47 Section 143A (Local government register of installed on-site sewerage and
greywater use facilities)
s 46 66 s 46
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Building Code of Australia means the means the edition, 1
current at the relevant time, of the Building Code of Australia 2
published by the body known as the Australian Building 3
Codes Board and includes the edition as amended from time 4
to time by amendments published by the body. 5
chief executive approval see section 91. 6
compliance request see section 85(1). 7
drainage means an apparatus, fitting or pipe, either above or 8
below ground level, that carries-- 9
(a) sewage to a sewer or to or from an on-site sewerage 10
facility; or 11
12
Example--
13
a pipe carrying treated effluent from an on-site sewage treatment
14
plant off the premises on which the plant is installed to a system
15
of common effluent drainage or a holding tank for collection
(b) greywater from a greywater treatment plant or greywater 16
diversion device to and within a greywater application 17
area. 18
dry-vault toilet means a system of disposing of waste 19
discharged from a human body, incorporating a chamber 20
that-- 21
(a) receives and treats the waste; and 22
(b) uses a biological degradation or dehydration process to 23
treat the waste; and 24
(c) does not use water other than water for cleaning or to 25
assist the biological degradation process. 26
environmentally relevant on-site sewerage facility-- 27
1 An environmentally relevant on-site sewerage facility 28
is a facility described in paragraph 2 that consists of, or 29
includes, a sewage treatment plant the operation of 30
which is an environmentally relevant activity under the 31
Environmental Protection Act 1994. 32
2 For paragraph 1, the facility is a facility installed on 33
premises for treating, on the premises, sewage generated 34
s 46 67 s 46
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
on the premises, and disposing of the resulting 1
effluent-- 2
(a) on part of the premises (commonly called a `land 3
application area'); or 4
(b) off the premises by common effluent drainage or 5
by collection from a tank on the premises. 6
EPA design rules means the design rules under the 7
Environmental Protection (Waste Management) Regulation 8
2000, section 67 and schedule 8.48 9
greywater means domestic wastewater from a bath, basin, 10
kitchen, laundry or shower, whether or not the wastewater is 11
contaminated with human waste. 12
greywater application area means an area in which greywater 13
is disposed of by subsurface irrigation. 14
greywater diversion device-- 15
1 A greywater diversion device is a device that consists 16
of-- 17
(a) a diversion device with the characteristics 18
mentioned in paragraph 2; and 19
(b) a filtering system that uses a coarse filter to remove 20
solids from greywater. 21
2 For paragraph 1, the characteristics are that the device-- 22
(a) directs and diverts greywater to sanitary drainage 23
or a greywater application area; and 24
(b) automatically diverts greywater from the facility to 25
sanitary drainage if the facility does not work 26
properly or at all; and 27
(c) allows the manual diversion of greywater from the 28
facility to sanitary drainage. 29
48 Environmental Protection (Waste Management) Regulation 2000, section 67
(Prohibition on use of non-complying waste equipment) and schedule 8 (Design
rules), part 2 (Chemical, composting and incinerating toilets)
s 46 68 s 46
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
greywater treatment plant means a treatment plant installed 1
on premises for treating, on the premises, greywater generated 2
on the premises. 3
greywater use facility means a facility that consists of a 4
greywater diversion device or of a greywater treatment plant 5
and a greywater application area. 6
investigator means a person appointed under section 33A as 7
an investigator. 8
kitchen greywater means greywater from any of the following 9
parts of a domestic dwelling-- 10
(a) a kitchen; 11
(b) another part that regularly produces significant amounts 12
of greywater contaminated with grease or oil. 13
licensed person, for work, means a person who holds a 14
licence that entitles the person to perform the work. 15
local government, in relation to work performed or to be 16
performed, a facility or premises, means the local government 17
that, under section 89, administers the Standard Plumbing and 18
Drainage Regulation for the area in which the work is 19
performed, or to be performed, or the facility or premises is 20
located. 21
on-site sewerage facility-- 22
1 An on-site sewerage facility is a facility, other than an 23
environmentally relevant on-site sewerage facility, 24
installed on premises for-- 25
(a) treating, on the premises, sewage generated on the 26
premises, and disposing of the resulting effluent-- 27
(i) on part of the premises (commonly called a 28
`land application area'); or 29
(ii) off the premises by common effluent 30
drainage or by collection from a tank on the 31
premises; or 32
(b) storing on the premises sewage generated on the 33
premises for its subsequent disposal off the 34
premises by collection from the premises. 35
s 46 69 s 46
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
2 A chemical, composting or incinerating toilet is also an 1
on-site sewerage facility. 2
3 On-site sewerage facility does not include a dry-vault 3
toilet that is not a chemical, composting or incinerating 4
toilet. 5
on-site sewerage work means building, installing or changing 6
an on-site sewerage facility, including, for example, building, 7
installing or changing an on-site sewerage facility for testing 8
purposes. 9
operate, plumbing or drainage or an on-site sewerage facility, 10
includes maintain the plumbing or drainage or facility. 11
original decision see section 129(1). 12
plumbing code authorisation and certification means 13
product authorisation and certification under the document in 14
force from time to time called `Plumbing Code of Australia', 15
produced for all State governments by the National Plumbing 16
Regulators Forum.49 17
premises means-- 18
(a) a building or other structure; or 19
(b) land (whether or not a building or other structure is 20
situated on the land). 21
sanitary drainage means an apparatus, fitting or pipe for 22
collecting and carrying discharges from sanitary plumbing, or 23
from a fixture directly connected to a sanitary drain, to a 24
sewerage system or on-site sewerage facility, including all the 25
following apparatus, fittings and pipes-- 26
(a) disconnector gullies; 27
(b) bends at the foot of stacks or below ground level; 28
49 A copy of the most recent version of the code at any time may be inspected free of
charge during office hours on business days at the department's office at 41 George
Street, Brisbane.
For product authorisation and certification, see the code, parts A2 (Acceptance of
design and construction) and G1 (Certification and authorisation).
s 46 70 s 46
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
(c) in relation to connection to an on-site sewerage 1
facility--a pipe, other than a soil or waste pipe, used to 2
carry sewage to or from the facility; 3
(d) pipes, above ground level, installed using drainage 4
principles. 5
sewage means household and commercial wastewater that 6
contains, or may contain, faecal, urinary or other human 7
waste. 8
sewerage service provider means a service provider under the 9
Water Act 2000 for a sewerage service. 10
sewered area means a service area for a sewerage service 11
under the Water Act 2000. 12
testing approval means a chief executive approval under 13
section 91(e).'. 14
(3) Schedule, definition information notice, paragraph (b), `of a 15
local government under section 85 or 86'-- 16
omit, insert-- 17
`of the chief executive or a local government, under part 4 or 18
5'. 19
(4) Schedule, definition information notice, paragraph (c)-- 20
omit. 21
(5) Schedule, definition owner, paragraph (a), `, section 3(1)'-- 22
omit. 23
(6) Schedule, definition plumbing, paragraph (a), after `fitting or 24
pipe'-- 25
insert-- 26
`for supplying water to premises from a service provider's 27
infrastructure or a water storage tank and'. 28
(7) Schedule, definition plumbing-- 29
insert-- 30
`(c) a greywater treatment plant or greywater diversion 31
device.'. 32
s 47 71 s 48
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Part 5 Amendment of Water Act 2000 1
Clause 47 Act amended in pt 5 2
This part amends the Water Act 2000. 3
Clause 48 Amendment of s 824 (Discharging certain materials) 4
(1) Section 824(5)-- 5
omit. 6
(2) Section 824(6)-- 7
renumber as section 824(5).
© State of Queensland 2005
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