Queensland Consolidated Acts

PLUMBING AND DRAINAGE ACT 2002

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

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

           Part 2--Plumbers and Drainers Board

           Division 1--Establishment, functions and powers

   5.      Establishment of board
   6.      Functions of board
   7.      Powers of board
   8.      Delegation by board

           Division 2--Membership

   9.      Membership of board
   10.     Appointment of deputy members
   11.     Chairperson and deputy chairperson of board
   12.     Term of appointment
   13.     Disqualification from membership
   14.     Vacation of office
   15.     When notice of resignation takes effect
   16.     Leave of absence for members
   17.     Remuneration of members
   18.     Report about person's criminal history

           Division 3--Board business

   19.     Conduct of business
   20.     Times and places of meetings
   21.     Quorum
   22.     Presiding at meetings
   23.     Conduct of meetings
   24.     Minutes

           Division 4--Board committees

   25.     Committees
   26.     Remuneration of committee members

           Division 5--Disclosure of interests by board members and committee members

   27.     Disclosure of interests

           Division 6--Directions by Minister

   28.     Minister's power to give directions in the public interest

           Division 7--Other provisions about the board

   29.     Officers, employees and agents
   29A.    Delegation by secretary
   30.     Authentication of documents
   31.     Protection of members from civil liability
   32.     Revenue from fees
   33.     Report on the board's operations

           Division 8--Board investigators and their powers
           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 4--Miscellaneous provisions
   33U.    Notice of damage
   33V.    Compensation

           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.     Board 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.     Board'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 board to make decision on application
   62.     Failure by board to make decision on review agreed to under s 56
   63.     Amendment of, or replacing, licence

           Division 7--Disciplinary action

   64.     Grounds for discipline
   65.     Disciplinary action that may be taken
   66.     Show cause notice
   67.     Representations about show cause notice
   68.     Board must decide action to be taken
   69.     Board must advise licensee of its decision
   70.     When suspension or cancellation takes effect
   71.     Returning suspended or cancelled licence to board

           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.     Regulated work and on-site sewerage work must be assessed for compliance
   82.     Plans and all plumbing and drainage work or on-site sewerage work must comply
   83.     Compliance permit required for certain regulated work or any on-site sewerage work
   84.     Regulated work or on-site sewerage work by a public sector entity

           Division 3--Assessing plans

   85.     Process for assessing plans
   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 plumbing and drainage work and on-site sewerage work

   86.     General process for assessing regulated work and on-site sewerage work
   86A.    Process for assessing certain regulated work or on-site sewerage 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--Minor and unregulated work

   87.     Minor 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 1993

           Division 2--Enforcement

   115.    Show cause notices
   116.    Enforcement notices
   117.    Enforcement notices for backflow prevention devices
   118.    Relationship with Integrated Planning Act 1997

           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 and on-site sewerage facility
   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
   128S.   False or misleading documents
   128T.   Obstruction of investigators or inspectors
   128U.   Impersonation of investigator or inspector

           Part 7--Reviews about plumbing and drainage licences

   129.    Applying for a review
   130.    Review of decision
   131.    Powers of Commercial and Consumer Tribunal when reviewing

           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.    Offences under Act are summary
   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
   143D.   Local government advice to regulator about greywater treatment plant
   144.    Chief executive may publish information
   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. 7 of 2002
           Subdivision 1--Transitional provisions about members, inspectors and licensing

   148.    Board 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
           SCHEDULE DICTIONARY
           Endnotes