Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Building and Other Legislation Amendment Bill 2006
BUILDING AND OTHER LEGISLATION
AMENDMENT BILL 2006
EXPLANATORY NOTES
FOR
AMENDMENTS TO BE MOVED DURING
CONSIDERATION IN DETAIL BY THE
HONOURABLE DESLEY BOYLE MP
Title of the Bill
Building and Other Legislation Amendment Bill 2006
Objectives of the Amendments
To provide for a number of important but non-contentious issues relating to:
· Clarifying the operation of, and updating certain provisions of the
Queensland Development Code (QDC) that operate under the Bill;
· Clarifying the operation of reminder notices on building approvals apply
only to those approvals given after the commencement of the Bill;
· Making improvements to swimming pool fencing requirements;
· Correcting an error in the manner and date at which certain amendments
related to the lapsing of development approvals under the Integrated
Planning Act 1997 came into force;
· Correcting an error that would allow councils to dispose of land without
using tender and auction procedures under the Local Government Act
1993; and
· Making improvements to greywater use requirements.
Achievement of the Objectives
The objective will be achieved by:
· Clarifying the operation of parts 11 and 12 of the QDC, (House design
and siting standards) so that local governments may make provision in a
planning scheme for other matters in addition to boundary clearances and
site cover matters. These matters become building assessment provisions
and will not trigger a referral to the council unless an alternative building
solution is proposed;
· Updating QDC parts 25 (Rainwater tanks standards) and 31(Floating
building standards) to reflect changes made to these standards since the
introduction of the Bill in April;
2
Building and Other Legislation Amendment Bill 2006
· Clarifying that reminder notices are to be given to owners for building
approvals with completion conditions only where approvals are given
after the commencement of the bill, and this requirement does not
apply to pre-existing approvals.
· Placing greater responsibility on pool builders to ensure pools are fenced
before they place water in the pool. The amendments also clarify that an
authorised person of a local government can enter land to inspect pool
fencing upon a complaint that the pool fencing is dangerous. Another
amendment provides that pools on decks that cannot be directly accessed
from outside a residential building are indoor pools and are not subject to
the same fencing requirements as outdoor pools.
· Giving effect to transitional provisions provided for in section 75 of the
Integrated Planning and Other Legislation Amendment Act 2006 (IPOLA
06) by commencing that section, giving retrospective effect to any
development applications made, or any development or use started, on
the mistaken assumption that section 75 had commenced. Certain
transitional arrangements affecting the lapsing of development
approvals for material changes of use and reconfiguration in IPOLA 06
were to commence in late March 2006. These transitional arrangements
were to keep certain existing approvals alive for a few months to allow
applicants time to consider whether to proceed with development under
those approvals, seek an extension of their approval, or re-apply under
new rules. However, an error in commencing the transitional
provisions meant some existing approvals were not covered. This
amendment redresses the situation by deeming that the arrangements,
as originally intended, commenced in March 2006, for the affected
approvals to continue in effect to the present. It also deems that
applicants have until the end of 2006 to decide whether to proceed with
development under those approvals, seek an extension of their
approval, or re-apply under new rules.
· Clarifying that local governments may only dispose of land using the
tender or auction process set out in section 491. Following the
commencement of the Local Government and Other Legislation
Amendment Act 2005, the exemption provided under section 492(f)
could have been interpreted as applying to land as well as other non-
current assets. The Parliamentary debate and explanatory notes for the
2005 amendment Act were clear that local governments be required to
use a tender or auction process to dispose of land.
· Providing for householders to use greywater from laundries, baths,
showers and hand basins for above ground watering in response to
community demand for a legal and less costly way to use greywater.
These changes are part of the Government's response to the worsening
drought in South East Queensland and form part of the South East
Queensland water plan. The objective will be achieved by exempting
all greywater except kitchen greywater from the greywater discharge
offence provisions under the Plumbing and Drainage Act 2002.
3
Building and Other Legislation Amendment Bill 2006
Householders will be able to distribute greywater on their own premises
providing it does not run into neighbouring properties or cause an odour.
Estimated Cost for Government Implementation
The amendments to the Plumbing and Drainage Act 2002 would have a low
implementation cost. The only foreseen cost is that of an awareness campaign
publicising the changes. This would be estimated to cost in the vicinity of $50
000.
The greywater amendments support the Government's initiatives to help
residents and businesses in South East Queensland improve their water
efficiency. Total funding of $92.2m has been provided to these initiatives,
which include cash rebates for the installation of above ground greywater
distribution systems.
There are no other implementation costs associated with the amendments.
Consistency with Fundamental Legislative Principles
The amendments are consistent with fundamental legislative principles.
Where provisions are to be given retrospective effect (with respect to the
Local Government Act 1993 and the Integrated Planning and Other
Legislation Amendment Act 2006), this is to correct errors and validate actions
taken in good faith by councils and persons who mistakenly relied on what
they thought the law to be.
Consultation
The Office of the Queensland Parliamentary Counsel and the Department of
the Premier and Cabinet have been consulted in preparing the amendments.
A community questionnaire formed part of the Pool Safety Options Paper
which was released in November 2005 to stimulate public discussion on
making Queensland's neighbourhoods safer for toddlers. Responses were
received from the general community, individual local governments, the
Local Government Association of Queensland (LGAQ), Swimming Pool and
Spa Association and the Commissioner for Children and Young People and
Child Guardian. The responses to the discussion paper have led to
progressing three committee amendments for swimming pool fences. The
Department is continuing development of other higher impact legislative
changes for swimming pool regulation.
There has been some consultation relating to the amendments relating to the
distribution of greywater with local governments, the Environmental
Protection Agency and the Department of Health. Some councils expressed
concerns as to whether they had sufficient staff to undertake complaints
investigations. The Department of Health raised some concerns about
possible health impacts if the provisions were misused.
4
Building and Other Legislation Amendment Bill 2006
NOTES ON PROVISIONS
Amendment 1 amends clause 2 to make provision for the commencement
of the following amendments to be moved during consideration in detail of
the Bill to commence on assent:
· Amendments to the Integrated Planning and Other Legislation
Amendment Act 2006;
· Amendments to the Local Government Act 1993 in relation to sections
95D and 95F.
Part 4 amendments to the Plumbing and Drainage Act 2002 also
commence on Assent and the remaining provisions of the Bill are to
commence by proclamation.
Amendment 2 amends clause 5 to include in the definition of building
work, those matters of the QDC parts 11 and 12 that may not necessarily
be building work but are an aspect of, or matter related or incidental to,
building work. These matters are required to be assessed as part of a
building application. For example, providing for mandatory car parking on
a small lot would not fall within the unamended definition of building
work and therefore would not form part of the building assessment
provisions. The amendment clarifies that the assessment of this particular
aspect would be assessed as part of a building application.
Amendment 3 inserts new section 27A to amend section 16B(1) by
replacing subsection (c) which places the onus on the person filling the
pool with water to ensure the pool has a compliant pool fence. Currently
the legislation places the onus on the pool owner when often it is the pool
builder who fills the pool. The amendment ensures that the owner and the
builder are both responsible for ensuring a pool is fenced before water is
placed in it.
Amendment 4 inserts new section 66AA to clarify that reminder notices
are to be given to owners for building approvals with completion
conditions. These notices apply only to those approvals given after the
commencement of the Bill and not to any pre-existing approvals.
Amendment 5 updates Schedule 1 referencing the mandatory parts of the
QDC that are building assessment provisions for the purposes of the
Building Act 1975 following a new version of part 25, (Rainwater tank
standards) and the development of new part 31 (Floating building
standards) since the Bill was introduced in April 2006.
Amendment 6 includes the definition QDC boundary clearance and site
cover provisions in the dictionary. Section 5H identifies the term as a key
definition and the dictionary will now include the defined term to assist in
interpreting the Act.
5
Building and Other Legislation Amendment Bill 2006
Amendment 7 amends the definition indoor swimming pool to clarify that
a swimming pool on a deck or roof of a building which is only accessible
from within the building, is an indoor swimming pool. A swimming pool
that can be accessed directly from outside the building remains an outdoor
swimming pool. For example, a swimming pool located on the deck of a
house where the only way of gaining access to the pool area is through the
house, is an indoor pool. A swimming pool located on the deck of a house
where the deck has direct access to the backyard via stairs, is an outdoor
swimming pool.
Amendment 8 inserts new parts 3A (Amendment of the Integrated
Planning and Other Legislation Amendment Act 2006) (IPOLA 06) and
new part 3B (Amendment of Local Government Act 1993).
New section 95A provides that part 3A amends IPOLA 06. New section
95B amends the section 2 (Commencement) of IPOLA 06 to make
provision for section 75 of that Act to have commenced on 30 March 2006.
The amendment will address the failure to commence section 75 and to
give retrospective effect to any development approvals that mistakenly
relied on the presumption that section 75 applied. Certain transitional
arrangements in IPOLA 06 were to commence in late March 2006
concerning applications for changes of use. These transitional
arrangements were to keep certain existing approvals alive for a few
months to allow applicants time to consider whether to proceed with
development under those approvals, seek an extension of their approval, or
re-apply under new rules. However, an error in commencing the
transitional provisions meant some existing approvals were not covered.
This amendment redresses the situation by deeming that the arrangements,
as originally intended, commenced in March 2006, for the affected
approvals continue in effect to the present. It also deems that applicants
have until the end of 2006 to decide whether to proceed with development
under those approvals, seek an extension of their approval, or re-apply
under new rules.
New section 95C extends the application of section 6.5.1 of the Integrated
Planning Act from June until December 2006.
New part 3B section 95D provides that part 3B amends the Local
Government Act 1993.
Section 95E amends section 492 to clarify that local governments may only
dispose of land using the tender or auction process set out in section 491.
Following the commencement of the Local Government and Other
Legislation Amendment Act 2005, the exemption provided under section
492(f) could have been interpreted as applying to land as well as other non-
current assets. The Parliamentary debate and explanatory notes for the
2005 amendment Act were clear that local governments be required to use
a tender or auction process to dispose of land.
6
Building and Other Legislation Amendment Bill 2006
Section 95F amends section 492A (Required procurement and asset
disposal manuals) to update an incorrect section cross reference.
Section 95G amends section 1070 (Entry on land for local government
purposes) to clarify by way of example that an employee or agent of the
local government may enter the land, if no occupier is present, to inspect a
swimming pool fence in the circumstances where urgent action is
necessary in the interests of public health and safety. The example is a
swimming pool fence that may be dangerous to children because it does
not comply with the pool fencing standards under the Building Act 1975.
The information may be received verbally and anonymously.
Amendment 9 inserts new section 96A to amend section 85 (Process for
assessing plans) to update cross references as a result of omitting section
85A.
New section 96B omits section 85A (Local government's power to stop
further greywater use facility requests for premises in a sewered area).
This omission will require local governments to assess applications for
greywater use facilities for premises in a sewered area.
New section 96C amends section 85B(2)(a)(iii) (Restrictions on giving
compliance permit for greywater use facility in a sewered area) to omit the
provision that had previously prohibited a council from approving a
greywater use facility if the local government had, by resolution or in a
planning instrument, declared the relevant area to be unsuitable for
greywater use.
Amendment 10 inserts new section 99A that amends section 128M
(Offences about discharging greywater other than kitchen greywater from
premises). This provides for the use of greywater from laundries, baths,
showers and basins from single detached dwellings. This greywater is able
to be used above ground for the irrigation of lawns and gardens, only on
the premises from which the greywater was generated, and may not cause a
nuisance, danger or health risk to any one.
Amendment 11 amends clause 100 division 4 heading (Transitional
provision for Building and Other legislation Amendment Act 2006) to
correct a typographic error.
Amendment 12 inserts new section 173 (Provision about offences under
section 128M) to provide that a proceeding can not be started for an
offence under the pre-amended section 128M, if the circumstances do not
constitute an offence after the commencement of this section. The
amendment also clarifies the meaning of post-amended section 128M and
pre-amended section 128M.
© State of Queensland 2006