Queensland Consolidated Acts

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Plumbing and Drainage Act 2002


TABLE OF PROVISIONS

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Act binds all persons

           Part 2--Role of QBCC—plumbing and drainage

           Division 1--Establishment, functions and powers of the council

   5.      Establishment
   6.      Functions
   7.      Powers

           Division 2--Membership of the council

   8.      Appointment of members
   9.      Appointment of deputy members
   10.     Appointment of temporary members
   11.     Disqualification as member, deputy member or temporary member
   12.     Conditions of appointment
   13.     Term of appointment
   14.     Chairperson
   15.     Deputy chairperson
   16.     Resignation
   17.     Vacation of office
   18.     Leave of absence for members
   19.     Chief executive's power to obtain criminal history
   20.     Changes in criminal history must be disclosed
   21.     Criminal history is confidential

           Division 3--Business of the council

   22.     References to members
   23.     Conduct of business
   24.     Times and places of meetings
   25.     Quorum
   26.     Presiding at meetings
   27.     Conduct of meetings
   28.     Minutes
   29.     Establishing panels
   30.     Panel members and other matters about panels
   31.     Disclosure of interests

           Division 4--Role of QBCC commissioner

   32.     Plumbing and drainage functions performed by the QBCC commissioner

           Division 5--The assistant commissioner

   32A.    Appointment of assistant commissioner
   32B.    Role, functions and powers of the assistant commissioner
   32C.    Reports to the council
   32D.    Representation of council at QCAT proceedings

           Division 6--Investigators appointed by QBCC commissioner
           Subdivision 1--Investigators

   33A.    Appointment
   33B.    Function
   33C.    Appointment conditions and limit on powers
   33D.    Issue of identity card
   33E.    Production or display of identity card
   33F.    When investigator ceases to hold office
   33G.    Resignation
   33H.    Return of identity card
           Subdivision 2--Entry to places
   33I.    Power to enter places
   33J.    Entry with consent
   33K.    Application for warrant
   33L.    Issue of warrant
   33M.    Application by electronic communication and duplicate warrant
   33N.    Defect in relation to a warrant
   33O.    Warrants—procedure before entry
           Subdivision 3--Powers of investigators
   33P.    General powers of investigator after entering places
   33Q.    Power to require reasonable help or information
   33R.    Power to require name and address
   33S.    Power to require production of documents
   33T.    Failure to state name and address or produce document
           Subdivision 3A--Audit programs and auditing licensees
   33TA.   Definitions for sdiv 3A
   33TB.   Approved audit program
   33TC.   Notice of approved audit program
   33TD.   Supply of documents or information
   33TE.   Offence to contravene notice
   33TF.   Evidential immunity for licensees and other persons
           Subdivision 4--Miscellaneous provisions
   33U.    Notice of damage
   33V.    Compensation
   33W.    Obligation to keep record of notices under s 87

           Division 7--Other provisions

   33X.    Fees payable to QBCC
   33Y.    Authentication of documents

           Part 3--Licensing

           Division 1--Classes of licences

   34.     Classes of licences
   35.     Work that may be performed under licences

           Division 2--Applying for, and issue of, licences

   36.     Procedural requirements for application
   37.     Entitlement to licence
   38.     Inquiries into application
   39.     Further consideration of application
   40.     Decision on application for licence
   41.     Imposing conditions on licence
   42.     Steps to be taken after application decided
   43.     Failure to decide application
   44.     Form of licence
   45.     Duration of licence

           Division 3--Upgrading provisional licences

   46.     QBCC commissioner may upgrade provisional licence

           Division 4--Renewing licences

   47.     Notice of expiry of licence
   48.     Procedural requirements for applications to renew a licence
   49.     Existing licence taken to be in force while application is considered
   50.     Steps to be taken after application made

           Division 5--Restoring expired licences

   51.     When application to restore licence may be made
   52.     Procedural requirements for applications to restore licence
   53.     Previous conditions continue for expired licence
   54.     How division 4 applies for applying to restore licence

           Division 6--Reviewing licence conditions

   55.     How licensee may start review
   56.     Reviewing conditions during review period
   57.     QBCC commissioner's powers before making decision
   58.     Deemed withdrawal of application etc.
   59.     Decision on review of conditions
   60.     When decision takes effect
   61.     Failure by QBCC commissioner to make decision on application
   62.     Failure by QBCC commissioner to make decision on review agreed to under s 56
   63.     Amendment of, or replacing, licence

           Division 7--Disciplinary action
           Subdivision 1--Grounds

   64.     Grounds for discipline
           Subdivision 2--Action by QBCC commissioner about disciplinary matters
   65.     Disciplinary action that may be taken by QBCC commissioner
   66.     Show cause notice
   67.     Representations about show cause notice
   68.     QBCC commissioner must decide action to be taken
   69.     QBCC commissioner must advise licensee of its decision
   70.     When suspension takes effect
           Subdivision 3--Referral to QCAT of particular proposed suspensions or proposed cancellations
   70A.    QBCC commissioner to refer particular disciplinary matters to QCAT
   70B.    Constitution of QCAT
   70C.    Disciplinary orders by QCAT
           Subdivision 4--Miscellaneous
   71.     Returning suspended or cancelled licence to QBCC commissioner

           Division 8--General provisions about licences

   72.     Surrendering licence
   73.     Replacing licence
   74.     Certified copy of licence
   75.     Notice of change in circumstances
   76.     Notice of certain events to interstate licensing authorities and other entities
   77.     Register of licences

           Part 4--Compliance assessment

           Division 1--Preliminary

   78.     Compliance permit
   79.     Compliance certificate

           Division 2--Compliance assessment generally

   80.     Purpose of compliance assessment
   81.     Compliance assessable work must be assessed for compliance
   81A.    When notifiable work must be assessed for compliance
   82.     Plans and all plumbing and drainage work must comply
   83.     Compliance permit required for certain compliance assessable work
   84.     Compliance assessable work by a public sector entity

           Division 3--Assessing plans

   85.     Process for assessing plans
   85A.    Participating local government to give documents or information to distributor-retailer
   85B.    Restrictions on giving compliance permit for greywater use facility in a sewered area
   85C.    Restrictions on giving compliance permit for greywater use facility not in a sewered area
   85D.    Restrictions on giving compliance permit for particular on-site sewerage work
   85E.    Special provisions for assessing plan for work for testing purposes

           Division 4--Assessing compliance assessable work

   86.     General process for assessing compliance assessable work
   86AA.   Participating local government to give documents or information to distributor-retailer
   86A.    Process for assessing certain compliance assessable work in remote areas
   86B.    Special provisions for assessing on-site sewerage work for testing purposes
   86C.    Conditions of compliance certificate

           Division 4A--Compliance certificates

   86D.    Effect of later grant of chief executive approval
   86E.    Effect of refusal or withdrawal of application for chief executive approval
   86F.    Ending of particular compliance certificates for testing
   86G.    Power to amend conditions of particular compliance certificates

           Division 4B--Notifiable and unregulated work

   87.     Notifiable work
   87A.    Special provision about electronic notices
   87B.    Disclosure of particular information for facilitating assessment of notifiable work
   88.     Unregulated work

           Division 5--Standard Plumbing and Drainage Regulation

   89.     Administration of Standard Plumbing and Drainage Regulation
   90.     Standard Plumbing and Drainage Regulation may prescribe additional requirements and actions

           Part 5--Chief executive approvals

           Division 1--Applying for and obtaining approval

   91.     Applying for chief executive approval
   92.     Information request
   93.     Deciding application
   94.     Conditions of approval
   95.     Information notice

           Division 2--Miscellaneous provisions

   96.     Term of chief executive approval
   97.     Renewals
   98.     Publication of chief executive approvals

           Part 6--Investigation and enforcement by local governments

           Division 1--Inspectors

   107.    Appointment and qualifications
   108.    Appointment conditions and limit on powers
   109.    Issue of identity card
   110.    Production or display of identity card
   111.    When inspector ceases to hold office
   112.    Resignation
   113.    Return of identity card
   114.    Functions and powers of inspectors and relationship to the Local Government Act 2009 and City of Brisbane Act 2010

           Division 2--Enforcement

   115.    Show cause notices
   116.    Enforcement notices
   117.    Enforcement notices for backflow prevention devices
   118.    Relationship with Sustainable Planning Act 2009

           Part 6A--General offences

           Division 1--Offences about licences

   119.    Offences by persons not holding appropriate licence
   120.    Offence of directing or supervising unlicensed work
   121.    Exemptions for ss 119 and 120
   122.    Contravening licence conditions
   123.    Limitations on provisional licence holders
   124.    Restriction on advertising for the carrying out of particular work

           Division 2--Building and installation and related offences

   125.    Restriction on building or installing particular on-site sewage treatment plant
   126.    Restriction on building or installing greywater use facility
   127.    Restriction on building or installing chemical, composting or incinerating toilet
   127A.   Restriction on dismantling or taking away greywater treatment plant
   128.    Restriction on dismantling or taking away on-site sewerage facility
   128A.   Offence to pollute service provider's services

           Division 3--Operating restrictions

   128B.   Owner's obligation to ensure compliance with conditions of compliance certificate
   128C.   Restriction on operating chemical, composting or incinerating toilet
   128D.   Restriction on operating particular on-site sewerage facilities
   128E.   Restrictions on operating particular on-site sewage treatment plant
   128F.   Restrictions on operating greywater use facility
   128G.   Owner's obligation to maintain plumbing and drainage
   128H.   Obligations of person who services on-site sewerage facility or greywater treatment plant

           Division 4--Prohibitions on removing or tampering with particular devices

   128I.   Backflow prevention devices
   128J.   Hot water control devices
   128JA.  Water meter

           Division 5--Discharge and disposal offences

   128K.   Offence about discharging blackwater
   128L.   Offence about discharging kitchen greywater from premises
   128M.   Offences about discharging greywater other than kitchen greywater from premises
   128N.   Permissible and prohibited discharges
   128O.   Stormwater drainage must be separate from on-site sewerage facility
   128OA.  Disposal of contents of greywater treatment plant
   128P.   Disposal of contents of on-site sewerage facility
   128PA.  Offence about using greywater

           Division 6--Other offences

   128Q.   Misleading statement by builder, manufacturer or supplier
   128R.   On-site sewerage facility no longer required
   128RA.  False or misleading statements
   128S.   False or misleading documents
   128T.   Obstruction of investigators or inspectors
   128U.   Impersonation of investigator or inspector

           Part 8--Legal proceedings

           Division 1--Evidence

   134.    Application of div 1
   135.    Appointments and authority
   136.    Signatures
   137.    Evidentiary provisions

           Division 2--Offence proceedings

   138.    Prosecutions for offences
   139.    Statement of complainant's knowledge
   139A.   Allegations of false or misleading matters
   140.    Conduct of representatives

           Part 9--Miscellaneous provisions

   141.    Approval of forms
   143.    Local government's obligation to keep particular records
   143A.   Local government register of installed on-site sewerage and greywater use facilities
   143B.   Local government's monitoring obligations for greywater use facilities in sewered areas
   143C.   Local government's monitoring obligations for particular on-site sewerage facility
   144.    Chief executive may publish information
   144A.   Delegation
   145.    Regulation-making power
   146.    References to repealed Act, by-laws and laws

           Part 10--Repeal and transitional provisions

           Division 1--Repeal

   147.    Act repealed

           Division 2--Transitional provisions for Act No. 77 of 2002
           Subdivision 1--Transitional provisions about members, inspectors and licensing

   148.    Council members under the repealed Act continue in office
   149.    Inspectors under the repealed Act continue in office
   150.    Licence applications continue under repealed Act
   151.    Licences issued under the repealed Act continue
           Subdivision 2--Transitional provisions about plumbing and drainage work
   152.    Applications for approval to carry out plumbing or drainage work continue under repealed Act
   153.    Approvals for works issued under the repealed Act continue
   154.    Plumbing or drainage work lawfully carried out under the repealed Act continues to be lawful
   155.    Notices issued under the repealed Act continue under the repealed Act
           Subdivision 3--Transitional provisions about on-site sewerage facilities
   156.    Existing applications continue
   157.    Existing approvals continue
   158.    Notices issued under the repealed Act continue under this Act
           Subdivision 4--Miscellaneous transitional provisions

           Division 3--Transitional provisions for Plumbing and Drainage and Other Legislation Amendment Act 2005

   160.    Definitions for div 3
   161.    Existing applications for model or type specification approval
   162.    Existing model or type specification approval
   163.    Existing on-site sewerage facility applications
   164.    Old section 96 approvals continue
   165.    Exclusion of s 81 for work performed under old section 96 approval
   166.    Application of ss 82, 83 and 128B for old section 96 approvals
   167.    On-site facility conditions
   168.    Existing notices under old part 5
   169.    Appeal right for decisions under old part 5
   170.    Exemption from particular offences for particular on-site sewerage facilities built or installed before 30 April 1998
   171.    On-site sewerage and greywater use facilities to which s 143A applies

           Division 4--Transitional provisions for Building and Other Legislation Amendment Act 2006

   172.    Provisions for chemical, composting or incinerating toilets
   173.    Provision about offences under s 128M

           Division 5--Transitional provisions for Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009

   174.    Definitions for div 5
   175.    Application of s 70A
   176.    Registrar of Plumbers and Drainers Board

           Division 6--Transitional provisions for Building and Other Legislation Amendment Act 2009

   177.    Definitions for div 6
   178.    Dissolution of Plumbers and Drainers Board
   179.    Registrar and officers of former board
   180.    References to former board
   181.    Legal proceedings
   182.    Migration of undecided applications
   183.    Migration of former board's matters

           Division 7--Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2010
           Subdivision 1--Provisions for greywater treatment plants at particular hospitals

   184.    Chief executive approval of particular greywater treatment plant
   185.    Relevant compliance certificate conditions for particular regulated work
           Subdivision 2--Other provisions
   186.    Policies about installation and location of meters

           Division 8--Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012

   188.    References to relevant service provider until 1 July 2012

           Division 9--Transitional provision for Sustainable Planning and Other Legislation Amendment Act 2012

   189.    Regulated work taken to be compliance assessable work

           Division 10--Validation provision for Housing and Other Legislation Amendment Act 2013

   190.    Validation of functions and powers of inspectors

           Division 11--Transitional provisions for Professional Engineers and Other Legislation Amendment Act 2014
           Subdivision 1--Preliminary

   191.    Definitions for div 11
           Subdivision 2--Dissolution of former council
   192.    Dissolution
           Subdivision 3--Transfer of matters to QBCC
   193.    Agreements, assets, liabilities and rights
   194.    Pending applications
   195.    Pending legal proceedings
   196.    Ministerial directions to former council
   197.    Records of former council
   198.    Continuing appointment of investigators
   199.    Pending disciplinary matters under pt 3, div 7
   200.    Other administrative matters
           Subdivision 4--Review of particular decisions
   201.    Pending reviews of particular decisions
           Subdivision 5--Other matters
   202.    References to former council
   203.    Effect on legal relationships

           Division 12--Transitional provision for Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015

   205.    Installation of relevant water meter by authorised persons
           SCHEDULE--DICTIONARY


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