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Queensland
Building and Other Legislation
Amendment Bill 2009
Queensland
Building and Other Legislation
Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Building Act 1975
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Amendment of s 3 (Simplified outline of main provisions of Act) . 11
6 Amendment of s 20 (Building work that is assessable
development for the Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Amendment of s 21 (Building work that is self-assessable for
the Planning Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of s 37 (Provision for changes to building
assessment provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Amendment of s 61 (Alterations to safe existing work may be
approved on basis of earlier building assessment provisions) . . . 13
10 Amendment of s 65 (Land subject to registered easement or
statutory covenant). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Replacement of s 88 (When applicant is to be given the
approval documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
88 Giving approval documents to applicant. . . . . . . . . . . 15
12 Amendment of s 103 (Certificate requirements). . . . . . . . . . . . . . 15
13 Amendment of ch 5, pt 3 hdg (Changes to BCA classification) . . 16
14 Amendment of s 109 (What is a BCA classification change to a
building) .......................................... 17
15 Amendment of s 110 (Restriction on making BCA classification
change) .......................................... 18
16 Amendment of s 111 (Provision for applying to local
government to obtain approval for BCA classification change) . . 18
Building and Other Legislation Amendment Bill 2009
Contents
17 Amendment of s 112 (Concessional approval for particular
existing buildings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
18 Amendment of s 113 (Obligation of building certifier approving
BCA classification change to give new certificate of classification) 19
19 Amendment of s 114A (Owner's obligation to comply with
certificate of classification) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
20 Amendment of s 115 (Occupation and use of building must
comply with relevant BCA and QDC provisions) . . . . . . . . . . . . . 19
21 Amendment of s 116 (Exception for use of government
buildings for emergency) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Amendment of s 124 (Building certifier's obligation to give
information notice about particular decisions) . . . . . . . . . . . . . . . 20
23 Insertion of new s 133A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
133A Building certifier to have regard to particular
guidelines ............................. 21
24 Replacement of s 154 (Role of building surveying technician). . . 21
154 Role of building surveying technician . . . . . . . . . . . . . 21
25 Amendment of s 155 (Who may apply) . . . . . . . . . . . . . . . . . . . . 21
26 Amendment of s 163 (Restrictions on making endorsement) . . . 22
27 Amendment of s 185 (Function of accreditation standards body) 22
28 Amendment of s 220 (Owner must ensure building conforms
with fire safety standard) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Insertion of new chs 8A and 8B . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Chapter 8A Sustainability declarations and provisions to
support sustainable housing
Part 1 Sustainability declarations for sale of class 1a
and 2 buildings
Division 1 Preliminary
246A Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
246B Form and content of sustainability declaration . . . . . . 24
Division 2 Preparing, amending and replacing
sustainability declarations
246C Requirement to have sustainability declaration . . . . . 25
246D Amending or replacing sustainability declaration . . . . 26
Division 3 Requirements about advertising sale, and
inspection, of buildings
246E Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
246F Requirements about advertising sale of building . . . . 27
246G Requirements about inspection of building . . . . . . . . 28
246H Requirement to give copy of sustainability declaration 28
Page 2
Building and Other Legislation Amendment Bill 2009
Contents
Division 4 Other matters
246I Compensation for false or misleading sustainability
declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
246J No right to terminate contract for publishing or giving
sustainability declaration . . . . . . . . . . . . . . . . . . . . . . 29
246K Breach of obligation does not generally give rise to
right or remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 2 Provisions to support sustainable housing
Division 1 Preliminary
246L Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
246M Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
246N Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2 Limiting effect of prohibitions etc. for particular
sustainable housing measures
246O Prohibitions or requirements that have no force or
effect ................................. 33
246P Restrictions that have no force or effect--roof
colours and windows . . . . . . . . . . . . . . . . . . . . . . . . . 35
246Q Restrictions that have no force or effect--other
restrictions ............................. 36
246R When requirement to obtain consent for particular
activities can not be withheld--roof colours and
windows ............................... 37
246S When requirement to obtain consent for particular
activities can not be withheld--other matters. . . . . . . 38
Division 3 Miscellaneous provisions
246T Particular limitation on operation of pt 2 . . . . . . . . . . . 39
246U No compensation payable . . . . . . . . . . . . . . . . . . . . . 39
Chapter 8B Transport noise corridors
Part 1 Preliminary
246V Purpose of ch 8B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
246W Definitions for ch 8B . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 2 Designation by local governments
246X Designation of transport noise corridor--local
governments ............................. 41
246Y Notification about designation of transport noise
corridor ................................ 42
Part 3 Designation by transport chief executive
246Z Designation of transport noise corridor--transport
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Page 3
Building and Other Legislation Amendment Bill 2009
Contents
246ZA Notification about designation of transport noise
corridor ................................ 44
30 Amendment of s 258 (Guidelines) . . . . . . . . . . . . . . . . . . . . . . . . 44
31 Amendment of s 260 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 45
32 Insertion of new ch 11, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Part 8 Transitional provisions for Building and Other
Legislation Amendment Act 2009
286 Continuing application of s 154 . . . . . . . . . . . . . . . . . 46
287 Continuing application of s 155 . . . . . . . . . . . . . . . . . 47
33 Replacement of sch 1 (The QDC on 26 February 2008) . . . . . . . 47
Schedule 1 The QDC on 26 October 2009
34 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 3 Amendment of Animal Management (Cats and Dogs) Act
2008
35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
36 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
37 Amendment of s 3 (Purposes of Act) . . . . . . . . . . . . . . . . . . . . . . 51
38 Amendment of s 4 (How purposes are to be primarily achieved). 51
39 Amendment of s 13 (Supplier must ensure cat or dog is
implanted) ...................................... 52
40 Amendment of s 24 (Minimum age for cat or dog to be
implanted) ..................................... 52
41 Amendment of s 34 (PID must not be removed or otherwise
interfered with) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
42 Amendment of s 90 (Notice of proposed declaration) . . . . . . . . . 53
43 Amendment of s 97 (Declared dangerous dogs) . . . . . . . . . . . . . 53
44 Amendment of s 98 (Declared menacing dogs) . . . . . . . . . . . . . . 53
45 Insertion of new ch 10, pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 53
46 Insertion of new ch 10, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 2 Transitional provision for Building and Other
Legislation Amendment Act 2009
222 Provision about offences under s 24 . . . . . . . . . . . . . 54
47 Amendment of sch 1 (Permit conditions and conditions
applying to declared dangerous and menacing dogs) . . . . . . . . . 54
Part 4 Amendment of Body Corporate and Community
Management Act 1997
48 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
49 Amendment of s 66 (Requirements for community
management statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Page 4
Building and Other Legislation Amendment Bill 2009
Contents
50 Amendment of s 180 (Limitations for by-laws) . . . . . . . . . . . . . . . 55
51 Amendment of sch 4 (By-laws). . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 5 Amendment of Fire and Rescue Service Act 1990
52 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
53 Insertion of new ss 104SG-104SK . . . . . . . . . . . . . . . . . . . . . . . 56
104SG Assessors to help QCAT . . . . . . . . . . . . . . . . . . . . . . 56
104SH Function and powers of assessors . . . . . . . . . . . . . . . 57
104SI Appointment of assessors . . . . . . . . . . . . . . . . . . . . . 58
104SJ Disqualification from appointment as assessor . . . . . 58
104SK QCAT may have regard to assessor's view . . . . . . . . 59
54 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 6 Amendment of Land Title Act 1994
55 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
56 Amendment of s 50 (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
57 Insertion of new s 54DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
54DA When building management statement taken not to
be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 7 Amendment of Mixed Use Development Act 1993
58 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
59 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 60
60 Amendment of s 136 (General provisions that apply to
management statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Part 8 Amendment of Plumbing and Drainage Act 2002
61 Act amended in part and schedule. . . . . . . . . . . . . . . . . . . . . . . . 61
62 Replacement of pt 2 hdg (Plumbers and Drainers Board) . . . . . . 61
63 Replacement of s 5 (Establishment of board) . . . . . . . . . . . . . . . 61
5 Establishment of council. . . . . . . . . . . . . . . . . . . . . . . 61
64 Amendment of s 9 (Membership of board). . . . . . . . . . . . . . . . . . 62
65 Amendment of s 10 (Appointment of deputy members). . . . . . . . 62
66 Amendment of s 11 (Chairperson and deputy chairperson of
board) .......................................... 62
67 Amendment of s 17 (Remuneration of members) . . . . . . . . . . . . 63
68 Amendment of s 26 (Remuneration of committee members). . . . 63
69 Insertion of new pt 10, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 6 Transitional provisions for Building and Other
Legislation Amendment Act 2009
Page 5
Building and Other Legislation Amendment Bill 2009
Contents
177 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
178 Dissolution of Plumbers and Drainers Board . . . . . . . 64
179 Registrar and officers of former board . . . . . . . . . . . . 64
180 References to former board . . . . . . . . . . . . . . . . . . . . 64
181 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
182 Migration of undecided applications . . . . . . . . . . . . . . 65
183 Migration of former board's matters . . . . . . . . . . . . . . 65
70 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 65
Part 9 Amendment of Property Agents and Motor Dealers Act 2000
71 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
72 Amendment of s 363 (Purposes of ch 11) . . . . . . . . . . . . . . . . . . 66
73 Insertion of new ch 11, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Part 5 Advertising sale of particular
properties--sustainability declarations
Division 1 Preliminary
373A Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2 Requirements about advertising sale, and
inspection, of residential dwellings
373B Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
373C Requirements about advertising sale of residential
dwelling ................................. 68
373D Requirements about inspection of residential
dwelling ............................. 69
373E Requirement to give copy of sustainability declaration 70
373F Breach of obligation does not generally give rise to
right or remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 3 Publishing or giving incomplete or false or
misleading sustainability declaration
373G Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
373H No right to terminate contract for publishing or
giving declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
373I Publishing or giving declaration does not
contravene particular provisions. . . . . . . . . . . . . . . . . 71
74 Amendment of s 470 (Claims) . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
75 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 72
Part 10 Amendment of Sustainable Planning Act 2009
76 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
77 Amendment of s 335 (Content of decision notice) . . . . . . . . . . . . 72
Page 6
Building and Other Legislation Amendment Bill 2009
Contents
78 Amendment of s 870 (References to repealed IPA) . . . . . . . . . . . 73
Part 11 Amendment of Transport Infrastructure Act 1994
79 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
80 Insertion of new s 477B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
477B Recording of information for land in transport noise
corridor ................................. 74
Part 12 Amendment of Acquisition of Land Act 1967
81 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
82 Amendment of schedule (Purposes for taking land) . . . . . . . . . . 75
Schedule Consequential amendments of Plumbing and Drainage
Act 2002 ....................................... 76
Page 7
2009
A Bill
for
An Act to amend the Acquisition of Land Act 1967, Animal
Management (Cats and Dogs) Act 2008, Body Corporate and
Community Management Act 1997, Building Act 1975, Fire and
Rescue Service Act 1990, Land Title Act 1994, Mixed Use
Development Act 1993, Plumbing and Drainage Act 2002,
Property Agents and Motor Dealers Act 2000, Sustainable
Planning Act 2009 and Transport Infrastructure Act 1994 for
particular purposes
Building and Other Legislation Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Building and Other Legislation 4
Amendment Act 2009. 5
Clause 2 Commencement 6
(1) The following provisions of this Act commence on a day to 7
fixed by proclamation-- 8
· section 5(3) to the extent it inserts section 3(9) in the 9
Building Act 1975 10
· sections 6, 7 and 10 11
· section 29 to the extent it inserts chapter 8B in the 12
Building Act 1975 13
· section 34(2) to the extent it inserts the definitions 14
railway land, road, State-controlled road, transport 15
chief executive, Transport Infrastructure Act and 16
transport noise corridor in the Building Act 1975 17
· section 34(4) 18
· parts 8 and 11 19
· the schedule. 20
(2) Part 5 commences immediately after the Queensland Civil 21
and Administrative Tribunal (Jurisdiction Provisions) 22
Amendment Act 2009, chapter 3, part 4 commences. 23
(3) The remaining provisions of this Act, other than parts 3 and 24
12 and section 78, commence on 1 January 2010. 25
Page 10
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 3]
Part 2 Amendment of Building Act 1
1975 2
Clause 3 Act amended 3
This part amends the Building Act 1975. 4
Clause 4 Amendment of long title 5
Long title, after `certifiers,'-- 6
insert-- 7
`and provide for particular matters about sustainable 8
buildings,'. 9
Clause 5 Amendment of s 3 (Simplified outline of main provisions 10
of Act) 11
(1) Section 3(4)(c), `changes'-- 12
omit, insert-- 13
`or use changes'. 14
(2) Section 3(8)-- 15
renumber as section 3(10). 16
(3) Section 3-- 17
insert-- 18
`(8) Chapter 8A-- 19
(a) provides for matters about sustainability declarations for 20
the sale of class 1a or 2 buildings; and 21
(b) regulates the effect of particular instruments in relation 22
to stated matters for class 1a, 2 or 10a buildings. 23
`(9) Chapter 8B provides for the designation of land as a transport 24
noise corridor for particular building assessment work.'. 25
Page 11
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 6]
Clause 6 Amendment of s 20 (Building work that is assessable 1
development for the Planning Act) 2
Section 20(b), `section 21'-- 3
omit, insert-- 4
`the Planning Act or section 21(2)'. 5
Clause 7 Amendment of s 21 (Building work that is self-assessable 6
for the Planning Act) 7
(1) Section 21(2), `(self-assessable building work)'-- 8
omit. 9
(2) Section 21(2)(b)(i)-- 10
omit, insert-- 11
`(i) generally--any relevant deemed-to-satisfy 12
provision under the BCA or relevant acceptable 13
solution under the QDC for the building work; or'. 14
(3) Section 21(2)(b)(ii)(B), `the provisions of the BCA and 15
QDC,'-- 16
omit, insert-- 17
`any relevant deemed-to-satisfy provision under the BCA or 18
relevant acceptable solution under the QDC for the building 19
work,'. 20
(4) Section 21(3)-- 21
renumber as section 21(4). 22
(5) Section 21-- 23
insert-- 24
`(3) Building work that is self-assessable development under the 25
Planning Act or subsection (2) is self-assessable building 26
work.'. 27
Page 12
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 8]
Clause 8 Amendment of s 37 (Provision for changes to building 1
assessment provisions) 2
Section 37(1)(d)-- 3
omit, insert-- 4
`(d) planning for carrying out the work started before a 5
building assessment provision is amended and the 6
building certifier for the building development approval 7
certifies in writing that-- 8
(i) substantial progress was made on the design of the 9
building, or the design was completed, before the 10
amendment; and 11
(ii) the design would need to be changed to comply 12
with the amended provision; and 13
(iii) the changes needed under subparagraph (ii) are not 14
minor changes, having regard to the amendment 15
and the nature of the building work. 16
Example of a change to a design that is not a minor change-- 17
the removal of floors from a design to comply with an amended 18
building assessment provision requiring the installation of water 19
tanks in a building'. 20
Clause 9 Amendment of s 61 (Alterations to safe existing work may 21
be approved on basis of earlier building assessment 22
provisions) 23
(1) Section 61(3)-- 24
renumber as section 61(5). 25
(2) Section 61-- 26
insert-- 27
`(3) Subsection (4) applies if the building's BCA classification as 28
shown on the certificate of classification for the building has 29
changed only because of an amendment to building 30
classifications under the BCA made after the certificate was 31
given. 32
Page 13
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 10]
`(4) Without limiting subsection (2), the building certifier may 1
carry out building assessment work for the application on the 2
basis that the building work is to be carried out under the 3
building assessment provisions applying for the BCA 4
classification shown on the certificate of classification.'. 5
Clause 10 Amendment of s 65 (Land subject to registered easement 6
or statutory covenant) 7
(1) Section 65(3)-- 8
renumber as section 65(4). 9
(2) Section 65-- 10
insert-- 11
`(3) However, subsection (2) does not apply to a building 12
development application for a class 1, 2, 3 or 4 building on 13
land subject to a noise covenant if a building assessment 14
provision is expressed to apply specifically for the reduction 15
in a class 1, 2, 3 or 4 building of noise coming from outside 16
the building.'. 17
(3) Section 65(4), as renumbered under this section-- 18
insert-- 19
`noise covenant means a registered statutory covenant-- 20
(a) for which the registered holder of the covenant is the 21
State; and 22
(b) for the reduction in a class 1, 2, 3 or 4 building of noise 23
coming from outside the building.'. 24
Clause 11 Replacement of s 88 (When applicant is to be given the 25
approval documents) 26
Section 88-- 27
omit insert-- 28
Page 14
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 12]
`88 Giving approval documents to applicant 1
`(1) This section applies only if the private certifier approves the 2
application. 3
`(2) The private certifier must not give the applicant any approval 4
documents for the application unless the certifier has 5
complied with section 86(1). 6
Maximum penalty--50 penalty units. 7
`(3) Subsection (4) applies if the private certifier-- 8
(a) receives an acknowledgement under section 87 from the 9
local government for the application; and 10
(b) has not given the approval documents to the applicant. 11
`(4) The private certifier must give the approval documents to the 12
applicant within 5 business days after receiving the 13
acknowledgement. 14
Note-- 15
See also section 132 (Effect of building certifier not complying with Act 16
if no penalty provided). 17
`(5) Subsection (6) applies if the private certifier-- 18
(a) gives the approval documents to the applicant; and 19
(b) has not received an acknowledgement under section 87 20
from the local government for the application. 21
`(6) The private certifier must, for at least 5 years after giving the 22
approval documents, keep written evidence that the fee 23
mentioned in section 86(1)(c) for the application was paid to 24
the local government. 25
Maximum penalty for subsection (6)--20 penalty units.'. 26
Clause 12 Amendment of s 103 (Certificate requirements) 27
(1) Section 103(c) to (e)-- 28
renumber as section 103(d) to (f). 29
(2) Section 103(b)-- 30
Page 15
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 13]
omit, insert-- 1
`(b) state the building's classification, having regard to-- 2
(i) the class of the building stated in the decision 3
notice for the development; and 4
(ii) the use for which the building was designed, built 5
or adapted; and 6
`(c) briefly describe the type of building or the use for which 7
the building was designed, built or adapted, having 8
regard to-- 9
(i) any particular categories of uses under the 10
classification; and 11
(ii) restrictions about the use of the building under the 12
BCA or QDC; and 13
Examples of descriptions for paragraph (c)-- 14
· retail showroom for sale of goods 15
· manufacturing - plastic goods production, not to be used for 16
hazardous processes under the BCA 17
· motel - sole occupancy units 18
Example of restriction about the use of a building under the QDC-- 19
a requirement under the QDC for a floating building to be 20
permanently moored and not used for navigational purposes'. 21
(3) Section 103(e), as renumbered under this section, after 22
`BCA'-- 23
insert-- 24
`or QDC'. 25
Clause 13 Amendment of ch 5, pt 3 hdg (Changes to BCA 26
classification) 27
Chapter 5, part 3, heading, after `classification'-- 28
insert-- 29
`or use within classification'. 30
Page 16
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 14]
Clause 14 Amendment of s 109 (What is a BCA classification 1
change to a building) 2
(1) Section 109, `BCA classification change'-- 3
omit, insert-- 4
`BCA classification or use change'. 5
(2) Section 109(a)-- 6
omit, insert-- 7
`(a) a change to the use for which the building was designed, 8
built or adapted to be used if-- 9
(i) the change of use alters its BCA classification; or 10
(ii) the change of use does not alter its BCA 11
classification but the new use requires building 12
work to be carried out for the building to comply 13
with any relevant building assessment provisions 14
applying to the new use; or 15
Example of BCA classification or use change for paragraph 16
(a)(ii)-- 17
a change in the use of a class 7b warehouse to an occupancy of 18
excessive hazard by storing combustible cartons above 4m in 19
height or more than 1000m3 of combustible cartons'. 20
(3) Section 109(b), `section 103(d)'-- 21
omit, insert-- 22
`section 103(e)'. 23
(4) Section 109(b), example-- 24
omit, insert-- 25
`Example of BCA classification or use change for paragraph (b)-- 26
a change in the nature or quantity of materials displayed, stored or used 27
in a building that increases the risk to life or safety, requiring building 28
work to be carried out to comply with the BCA'. 29
(5) Section 109-- 30
insert-- 31
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 15]
`(2) However, a BCA classification or use change does not 1
include a change of use that alters a building's BCA 2
classification if the alteration happens only because of an 3
amendment to building classifications under the BCA made 4
after-- 5
(a) if there is a certificate of classification for the 6
building--the certificate was given; or 7
(b) otherwise--the building was first used or occupied.'. 8
Clause 15 Amendment of s 110 (Restriction on making BCA 9
classification change) 10
Section 110, `BCA classification change'-- 11
omit, insert-- 12
`BCA classification or use change'. 13
Clause 16 Amendment of s 111 (Provision for applying to local 14
government to obtain approval for BCA classification 15
change) 16
Section 111, `BCA classification change'-- 17
omit, insert-- 18
`BCA classification or use change'. 19
Clause 17 Amendment of s 112 (Concessional approval for 20
particular existing buildings) 21
(1) Section 112(2), `BCA classification change'-- 22
omit, insert-- 23
`BCA classification or use change'. 24
(2) Section 112(3)(a), `the new BCA classification'-- 25
omit, insert-- 26
`any new BCA classification or use'. 27
Page 18
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 18]
Clause 18 Amendment of s 113 (Obligation of building certifier 1
approving BCA classification change to give new 2
certificate of classification) 3
Section 113, `BCA classification change'-- 4
omit, insert-- 5
`BCA classification or use change'. 6
Clause 19 Amendment of s 114A (Owner's obligation to comply with 7
certificate of classification) 8
Section 114A(1)(b), from `section 103(d)'-- 9
omit, insert-- 10
`section 103(e) or a requirement of a type mentioned in 11
section 103(f).'. 12
Clause 20 Amendment of s 115 (Occupation and use of building 13
must comply with relevant BCA and QDC provisions) 14
(1) Section 115, heading-- 15
omit, insert-- 16
`115 Compliance with relevant BCA and QDC provisions for 17
occupation and use of building'. 18
(2) Section 115(1), `use or occupation'-- 19
omit, insert-- 20
`occupation or use'. 21
(3) Section 115(2) to (4)-- 22
renumber as section 115(4) to (6). 23
(4) Section 115-- 24
insert-- 25
`(2) Subsection (3) applies if, under a performance requirement 26
for a building under any relevant BCA provisions for its class 27
of building or any relevant QDC provisions for the building, a 28
Page 19
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 21]
person must carry out work to maintain the building for 1
occupation and use. 2
`(3) The person must comply with the requirement unless the 3
person has a reasonable excuse. 4
Maximum penalty--165 penalty units.'. 5
(5) Section 115(4), as renumbered under this section, `subsection 6
(1)'-- 7
omit, insert-- 8
`subsections (1) and (2)'. 9
(6) Section 115(6), as renumbered under this section, `subsection 10
(1) applies'-- 11
omit, insert-- 12
`subsections (1) and (2) apply'. 13
(7) Section 115(6), as renumbered under this section, `subsection 14
(1).'-- 15
omit, insert-- 16
`the subsections.'. 17
Clause 21 Amendment of s 116 (Exception for use of government 18
buildings for emergency) 19
Section 116(2), from `For' to `occupation'-- 20
omit, insert-- 21
`For sections 114 and 115, the occupation or use'. 22
Clause 22 Amendment of s 124 (Building certifier's obligation to 23
give information notice about particular decisions) 24
Section 124(1)(d) and (e), `BCA classification change'-- 25
omit, insert-- 26
`BCA classification or use change'. 27
Page 20
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 23]
Clause 23 Insertion of new s 133A 1
Chapter 6, part 1, division 3, after section 133-- 2
insert-- 3
`133A Building certifier to have regard to particular 4
guidelines 5
`In performing a function under this Act, including, for 6
example, a building certifying function, a building certifier 7
must have regard to the guidelines made under section 258 8
that are relevant to performing the function.'. 9
Clause 24 Replacement of s 154 (Role of building surveying 10
technician) 11
Section 154-- 12
omit, insert-- 13
`154 Role of building surveying technician 14
`A building surveying technician may only perform building 15
certifying functions on class 1 buildings or class 10 buildings 16
or structures if the building surveying technician has at least 1 17
years experience as a building surveying technician employed 18
by a local government or under the supervision of a private 19
certifier.'. 20
Clause 25 Amendment of s 155 (Who may apply) 21
Section 155, from `only'-- 22
omit, insert-- 23
`only if-- 24
(a) for a licence at the level of building surveyor or assistant 25
building surveyor--the individual holds a current 26
accreditation issued by an accreditation standards body; 27
or 28
(b) for a licence at the level of building surveying 29
technician, the individual-- 30
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 26]
(i) holds a current accreditation issued by an 1
accreditation standards body; and 2
(ii) has at least 1 years experience as a building 3
surveying technician employed by a local 4
government or under the supervision of a private 5
certifier.'. 6
Clause 26 Amendment of s 163 (Restrictions on making 7
endorsement) 8
(1) Section 163(2)-- 9
renumber as section 163(3). 10
(2) Section 163(1)-- 11
omit, insert-- 12
`(1) A private certification endorsement may be made only if the 13
applicant has the insurance for private certification prescribed 14
under a regulation. 15
`(2) Also, a private certification endorsement may be made for a 16
building surveying technician only if the building surveying 17
technician may, under section 154, perform building 18
certifying functions on class 1 buildings or class 10 buildings 19
or structures.'. 20
Clause 27 Amendment of s 185 (Function of accreditation standards 21
body) 22
(1) Section 185(2)(a) and (b)-- 23
omit, insert-- 24
`(a) for each level of licensing as a building certifier, set 25
educational and experiential standards approved by the 26
chief executive; and 27
(b) if the standards are within the scope of the national 28
accreditation framework for building certifiers--ensure 29
the standards comply with the framework; and'. 30
(2) Section 185(3)-- 31
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 28]
omit. 1
(3) Section 185(4)-- 2
renumber as section 185(3). 3
Clause 28 Amendment of s 220 (Owner must ensure building 4
conforms with fire safety standard) 5
Section 220-- 6
insert-- 7
`Note-- 8
The building assessment provisions, other than the fire safety standard, 9
apply in relation to a budget accommodation building to which this part 10
does not apply. See the fire safety standard and section 30 (Relevant 11
laws and other documents for assessment of building work).'. 12
Clause 29 Insertion of new chs 8A and 8B 13
After section 246-- 14
insert-- 15
`Chapter 8A Sustainability declarations 16
and provisions to support 17
sustainable housing 18
`Part 1 Sustainability declarations for 19
sale of class 1a and 2 buildings 20
`Division 1 Preliminary 21
`246A Definitions for pt 1 22
`In this part-- 23
current sustainability declaration, for a class 1a or 2 24
building, means-- 25
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(a) the sustainability declaration for the building prepared 1
under section 246C; or 2
(b) if the declaration mentioned in paragraph (a) is amended 3
or replaced under section 246D--the amended or 4
replaced declaration. 5
publish includes-- 6
(a) publish on the internet; and 7
(b) cause to be published. 8
relevant advertisement means an advertisement in any form 9
or medium, other than-- 10
(a) an advertisement published in a newspaper or magazine; 11
or 12
(b) a sign advertising the sale of a building, if the sign was 13
not prepared specifically to advertise the sale of the 14
particular building. 15
seller, of a class 1a or 2 building, means a person who-- 16
(a) has a legal or equitable interest in the building that the 17
person is entitled to sell; or 18
(b) is authorised under a power of attorney or other 19
statutory power to sell a legal or equitable interest in the 20
building. 21
sustainability declaration means a sustainability declaration 22
under section 246B. 23
`246B Form and content of sustainability declaration 24
`(1) A sustainability declaration for a class 1a or 2 building must 25
be in the approved form. 26
`(2) The approved form may only make provision for information 27
about features of a class 1a or 2 building, or an enclosed class 28
10a building attached to a class 1a or 2 building or class 10b 29
structure associated with a class 1a or 2 building, that support 30
or enhance-- 31
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(a) the building's or structure's sustainable energy or water 1
use; or 2
(b) the amenity or safety of persons using the building or 3
structure. 4
Example of information for the sustainability declaration-- 5
information about how lighting in a building compares to standards 6
under the building assessment provisions or a regulation about 7
sustainable energy use 8
`Division 2 Preparing, amending and replacing 9
sustainability declarations 10
`246C Requirement to have sustainability declaration 11
`(1) This section applies if a seller of a class 1a or 2 building 12
proposes to-- 13
(a) sell, or invite an offer to buy, the building; or 14
(b) engage another person to sell, or invite an offer to buy, 15
the building. 16
`(2) The seller must, before the building is offered for sale or an 17
invitation to buy the building is made by the seller or another 18
person engaged by the seller-- 19
(a) prepare or have another person prepare a sustainability 20
declaration for the building; and 21
(b) sign the declaration. 22
Maximum penalty--20 penalty units. 23
`(3) For subsection (2), the requirement to prepare a sustainability 24
declaration is taken to be satisfied if a person completes the 25
declaration to the best of the person's ability and knowledge. 26
Example-- 27
The requirement might be satisfied even if a person does not include 28
information about a feature of a building stated in the declaration if the 29
person can not reasonably find out the information or has no technical 30
knowledge about the feature. 31
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
`(4) Subsection (3) applies despite the Acts Interpretation Act 1
1954, section 49(2)(b). 2
`246D Amending or replacing sustainability declaration 3
`(1) This section applies if, in the relevant period for a class 1a or 2 4
building, the seller of the building becomes aware that 5
information about a feature of the building included in the 6
sustainability declaration prepared under section 246C for the 7
building is not correct. 8
`(2) The seller must as soon as practicable after becoming aware 9
the information is not correct-- 10
(a) amend the sustainability declaration, or have another 11
person amend it, to ensure the information is correct; or 12
(b) prepare, or have another person prepare, a new 13
sustainability declaration for the building (the 14
replacement declaration) and sign the replacement 15
declaration. 16
Maximum penalty--20 penalty units. 17
`(3) Section 246C(3) and (4) apply to the preparation of the 18
replacement declaration-- 19
(a) as if the reference in section 246C(3) to subsection (2) 20
were a reference to subsection (2)(b); and 21
(b) as if the reference in section 246C(3) to a sustainability 22
declaration were a reference to the replacement 23
declaration. 24
`(4) In this section-- 25
feature, of a class 1a or 2 building, includes a feature of an 26
enclosed class 10a building attached to the building or class 27
10b structure associated with the building. 28
relevant period, for a class 1a or 2 building, means the 29
period-- 30
(a) starting when the sustainability declaration for the 31
building is prepared under section 246C; and 32
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(b) ending on the earlier of the following days to happen-- 1
(i) the day the building is sold; 2
(ii) the day the building is withdrawn from sale. 3
`Division 3 Requirements about advertising 4
sale, and inspection, of buildings 5
`246E Application of div 3 6
`(1) This division applies to the seller of a class 1a or 2 building 7
if-- 8
(a) the seller has not engaged another person to sell, or 9
invite an offer to buy, the building; and 10
(b) under section 246C, a sustainability declaration must be 11
prepared for the building. 12
`(2) However, this division applies to the seller only until the 13
earlier of the following days to happen-- 14
(a) the day the building is sold; 15
(b) the day the building is withdrawn from sale. 16
`246F Requirements about advertising sale of building 17
`(1) The seller must not publish a relevant advertisement for the 18
sale of the building unless the advertisement includes 19
information about where a person may obtain a copy of the 20
building's current sustainability declaration. 21
Maximum penalty--20 penalty units. 22
`(2) The seller must not give a person a document advertising the 23
sale of the building unless-- 24
(a) the person has a copy of the building's current 25
sustainability declaration; or 26
(b) a copy of the declaration accompanies the document. 27
Maximum penalty--20 penalty units. 28
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
`(3) Subsection (2) does not apply to the seller if the document is 1
given to the person at-- 2
(a) the building; and 3
(b) a time it is generally open to the public for inspection by 4
potential buyers of the building. 5
`246G Requirements about inspection of building 6
`(1) At any time the building is generally open to the public for 7
inspection by potential buyers of the building, the seller must 8
ensure a copy of the building's current sustainability 9
declaration is conspicuously displayed so anyone entering the 10
building can easily read the declaration. 11
Maximum penalty--20 penalty units. 12
`(2) If a person enters the building to inspect it as a potential buyer 13
of the building, other than at a time mentioned in subsection 14
(1), the seller must ensure-- 15
(a) the person has a copy of the building's current 16
sustainability declaration before the person enters the 17
building; or 18
(b) a copy of the current sustainability declaration is readily 19
available for inspection by the person before the person 20
enters the building and the person is advised by the 21
seller that a copy is available for inspection; or 22
(c) a copy of the current sustainability declaration is 23
conspicuously displayed at the building so the person 24
can easily read it. 25
Maximum penalty--20 penalty units. 26
`246H Requirement to give copy of sustainability declaration 27
`If a person who is a potential buyer of the building asks the 28
seller for a copy of the building's current sustainability 29
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
declaration, the seller must give the person a copy as soon as 1
practicable. 2
Maximum penalty--20 penalty units. 3
`Division 4 Other matters 4
`246I Compensation for false or misleading sustainability 5
declaration 6
`(1) This section applies if-- 7
(a) a person (the buyer) buys a class 1a or 2 building; and 8
(b) a document that is or purports to be a current 9
sustainability declaration for the building is, under 10
division 3 or the Property Agents and Motor Dealers Act 11
2000, chapter 11, part 5, division 2, given or made 12
available to the buyer by a seller of the building or 13
another person; and 14
(c) the declaration is false or misleading in a material 15
particular or is otherwise prepared without the exercise 16
of reasonable skill and care; and 17
(d) the buyer incurs loss or expense because of paragraph 18
(c). 19
`(2) The seller of the building is liable to compensate the buyer for 20
the loss or expense. 21
`(3) Payment of compensation may be claimed and ordered in a 22
proceeding for compensation brought in a court of competent 23
jurisdiction. 24
`(4) A court may order the payment of compensation only if it is 25
satisfied it is just to make the order in the circumstances of the 26
particular case. 27
`246J No right to terminate contract for publishing or giving 28
sustainability declaration 29
`(1) This section applies if-- 30
Page 29
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(a) a seller of a class 1a or 2 building-- 1
(i) publishes a relevant advertisement for the sale of 2
the building that includes information about a 3
current sustainability declaration for the building; 4
or 5
(ii) gives or makes available to a person a current 6
sustainability declaration for the building; and 7
(b) the declaration is incomplete or contains information 8
that is false or misleading. 9
`(2) The buyer under a contract for the sale of the building can not 10
terminate the contract merely because the current 11
sustainability declaration is incomplete or contains 12
information that is false or misleading. 13
`246K Breach of obligation does not generally give rise to 14
right or remedy 15
`Other than as provided for under section 246I, a breach of an 16
obligation under this part does not of itself give rise to an 17
action for breach of statutory duty or another civil right or 18
remedy. 19
`Part 2 Provisions to support 20
sustainable housing 21
`Division 1 Preliminary 22
`246L Purpose of pt 2 23
`The purpose of this part is to regulate the effect of particular 24
instruments on stated activities or measures likely to support 25
sustainable housing. 26
Page 30
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
`246M Definitions for pt 2 1
`In this part-- 2
bathroom includes an ensuite. 3
energy efficient, in relation to a window in a prescribed 4
building, means the window reduces heat conduction and 5
solar radiation passing through the window. 6
Examples-- 7
tinted glass windows, double-glazed windows and triple-glazed 8
windows 9
prescribed building means-- 10
(a) a class 1a or 2 building; or 11
(b) an enclosed class 10a building attached to a class 1a or 2 12
building. 13
relevant instrument means any of the following-- 14
(a) a sublease or sub-sublease of a lease held under the 15
Land Act 1994; 16
(b) a building management statement under the Land Act 17
1994 or Land Title Act 1994; 18
(c) a community management statement for a community 19
titles scheme under the Body Corporate and Community 20
Management Act 1997, including by-laws in the 21
statement and the provisions of any architectural and 22
landscape code adopted under the statement; 23
(d) a by-law in force for a building units plan or group titles 24
plan under the Building Units and Group Titles Act 25
1980; 26
(e) a management statement under the South Bank 27
Corporation Act 1989, including by-laws in the 28
statement; 29
(f) a development approval under the South Bank 30
Corporation Act 1989; 31
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(g) a development control by-law in force for an approved 1
scheme under the Integrated Resort Development Act 2
1987; 3
(h) a management statement under the Mixed Use 4
Development Act 1993; 5
(i) development control by-laws, activities by-laws and 6
property by-laws in effect, and made by a community 7
body corporate or precinct body corporate, under the 8
Mixed Use Development Act 1993; 9
(j) a development control by-law or residential zone 10
activities by-law in force, and made by the principal 11
body corporate, under the Sanctuary Cove Resort Act 12
1985; 13
(k) a contract or other agreement, entered into in relation to 14
a prescribed building, a provision of which includes a 15
prohibition, requirement or restriction mentioned in 16
division 2 that operates to the benefit of, or is 17
enforceable by, a person other than the owner or 18
occupier of the building. 19
solar hot water system includes any part of a water heating 20
system designed to heat water using light or heat from the sun. 21
treat, in relation to a window in a prescribed building, means 22
apply a colour tint or other substance to the window to reduce 23
solar radiation passing through the window. 24
`246N Application of pt 2 25
`(1) This part applies to a relevant instrument-- 26
(a) even if it were made or entered into before 1 January 27
2010; and 28
(b) despite any provision of an Act mentioned in section 29
246M, definition relevant instrument. 30
`(2) To remove any doubt, it is declared that this part applies to a 31
relevant instrument even if it is registered or recorded under 32
the Land Act 1994 or Land Title Act 1994. 33
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
`(3) However, despite subsection (1)(a), this part does not apply in 1
relation to a prescribed matter that, on 1 January 2010, is 2
included in-- 3
(a) a relevant instrument that is a contract or other 4
agreement mentioned in section 246M, definition 5
relevant instrument, paragraph (k) and entered into 6
before 1 January 2010; or 7
(b) another relevant instrument made or entered into before 8
1 January 2010 that is in force or effect for a lot within 9
the meaning of the Land Title Act 1994. 10
`(4) In this section-- 11
prescribed matter means a prohibition, requirement or 12
restriction mentioned in section 246O(1)(a) to (f), 246P(1), 13
246Q(1)(a) or (b), 246R(1) or 246S(1)(a) or (b). 14
`Division 2 Limiting effect of prohibitions etc. 15
for particular sustainable housing 16
measures 17
`246O Prohibitions or requirements that have no force or 18
effect 19
`(1) This section applies to a relevant instrument that, but for this 20
section, would have the effect of-- 21
(a) prohibiting the use of a colour for the roof of a class 1a 22
building or an enclosed class 10a building attached to a 23
class 1a building, if using the colour would achieve a 24
solar absorptance value for the upper surface of the roof 25
of not more than 0.55; or 26
(b) prohibiting-- 27
(i) the use in a prescribed building of a window that is 28
energy efficient; or 29
(ii) the treatment of a window in a prescribed building 30
to ensure the window is energy efficient; or 31
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(c) prohibiting a person from occupying a class 1a building 1
before particular landscaping, fencing, driveways or 2
similar work associated with the construction of the 3
building is completed; or 4
(d) requiring-- 5
(i) a minimum floor area for a class 1a building; or 6
(ii) a minimum number of bathrooms or bedrooms for 7
a class 1a building; or 8
(iii) the construction of a class 1a building, or any 9
landscaping, fencing, driveways or similar work 10
associated with the construction of the building, to 11
be completed within a stated period; or 12
(iv) more than 1 garage ancillary to a class 1a building; 13
or 14
(e) requiring-- 15
(i) a minimum pitch for the roof of a class 1a building; 16
or 17
(ii) a class 1a building or an enclosed class 10a 18
building attached to a class 1a building to be 19
orientated on a parcel of land in a particular way; 20
or 21
(f) prohibiting the use of a specific material or type of 22
surface finish for the roof or external walls of a class 1a 23
building or an enclosed class 10a building attached to a 24
class 1a building; or 25
(g) prohibiting the installation of a solar hot water system or 26
photovoltaic cells on the roof or other external surface 27
of a prescribed building. 28
`(2) For a prohibition or requirement mentioned in subsection 29
(1)(a) to (d), the relevant instrument has no force or effect to 30
the extent of the prohibition or requirement. 31
`(3) For a requirement or prohibition mentioned in subsection 32
(1)(e) to (g), the relevant instrument has no force or effect to 33
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
the extent the prohibition applies merely to enhance or 1
preserve the external appearance of the building. 2
Example of prohibition applying for other than a purpose mentioned in 3
subsection (3)-- 4
The installation of a solar hot water system with a roof storage tank on a 5
roof might be prohibited because an engineering report shows the 6
system would be too heavy for the roof. 7
`246P Restrictions that have no force or effect--roof 8
colours and windows 9
`(1) This section applies to a relevant instrument that, but for this 10
section, would have the effect of-- 11
(a) restricting the use of a colour for the roof of a class 1a 12
building or an enclosed class 10a building attached to a 13
class 1a building, if using the colour would achieve a 14
solar absorptance value for the upper surface of the roof 15
of not more than 0.55; or 16
(b) restricting-- 17
(i) the use in a prescribed building of a window that is 18
energy efficient; or 19
(ii) the treatment of a window in a prescribed building 20
to ensure the window is energy efficient. 21
`(2) For a restriction mentioned in subsection (1), the relevant 22
instrument has no force or effect to the extent the restriction 23
prevents a person-- 24
(a) using a colour for the roof of the building to achieve a 25
solar absorptance value for the upper surface of the roof 26
of not more than 0.55, if use of the colour-- 27
(i) minimises potential adverse effects on the external 28
appearance of the building; and 29
(ii) does not unreasonably prevent or interfere with a 30
person's use and enjoyment of the building or 31
another building; or 32
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(b) using in a prescribed building a window that is energy 1
efficient or treating a window in a prescribed building to 2
ensure the window is energy efficient, if the type of 3
window to be used or the treatment-- 4
(i) minimises potential adverse effects on the external 5
appearance of the building; and 6
(ii) does not unreasonably prevent or interfere with a 7
person's use and enjoyment of the building or 8
another building. 9
`246Q Restrictions that have no force or effect--other 10
restrictions 11
`(1) This section applies to a relevant instrument that, but for this 12
section, would have the effect of-- 13
(a) restricting a person from occupying a class 1a building 14
before particular landscaping, fencing, driveways or 15
similar work associated with the construction of the 16
building is completed; or 17
(b) restricting the use of a specific material or type of 18
surface finish for the roof or external walls of a class 1a 19
building or an enclosed class 10a building attached to a 20
class 1a building; or 21
(c) restricting the location on the roof or other external 22
surface of a prescribed building where a solar hot water 23
system or photovoltaic cells may be installed. 24
`(2) For a restriction mentioned in subsection (1)(a) or (b), the 25
relevant instrument has no force or effect to the extent the 26
restriction applies merely for the purpose of preserving or 27
enhancing the external appearance of the building. 28
`(3) For a restriction mentioned in subsection (1)(c), the relevant 29
instrument has no force or effect to the extent the restriction-- 30
(a) applies merely to enhance or preserve the external 31
appearance of the building; and 32
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Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(b) prevents a person from installing a solar hot water 1
system or photovoltaic cells on the roof or other external 2
surface of the building. 3
Example of restriction applying for other than a purpose mentioned in 4
subsection (3)-- 5
The installation of a solar hot water system at a particular location on a 6
roof may be restricted to maximise available space for the installation of 7
other hot water systems or to prevent noise from piping associated with 8
the system causing unreasonable interference with a person's use or 9
enjoyment of the building. 10
`246R When requirement to obtain consent for particular 11
activities can not be withheld--roof colours and 12
windows 13
`(1) This section applies if, under a relevant instrument, the 14
consent of an entity is required to-- 15
(a) use a colour for the roof of a class 1a building or an 16
enclosed class 10a building attached to a class 1a 17
building; or 18
(b) use in a prescribed building a window that is energy 19
efficient or treat a window in a prescribed building to 20
ensure the window is energy efficient. 21
`(2) The entity can not withhold consent for an activity mentioned 22
in subsection (1)(a) if use of the colour-- 23
(a) achieves a solar absorptance value for the upper surface 24
of the roof of not more than 0.55; and 25
(b) minimises potential adverse effects on the external 26
appearance of the building; and 27
(c) does not unreasonably prevent or interfere with a 28
person's use and enjoyment of the building or another 29
building. 30
`(3) The entity can not withhold consent for an activity mentioned 31
in subsection (1)(b) if the type of window to be used or the 32
treatment-- 33
Page 37
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(a) minimises potential adverse effects on the external 1
appearance of the building; and 2
(b) does not unreasonably prevent or interfere with a 3
person's use and enjoyment of the building or another 4
building. 5
`(4) A requirement under this section to not withhold consent-- 6
(a) is taken to be a requirement under the relevant 7
instrument; and 8
(b) applies to the relevant instrument despite any other 9
provision of the instrument. 10
`246S When requirement to obtain consent for particular 11
activities can not be withheld--other matters 12
`(1) This section applies if, under a relevant instrument, the 13
consent of an entity is required to-- 14
(a) occupy a class 1a building before particular landscaping, 15
fencing, driveways or similar work associated with the 16
construction of the building is completed; or 17
(b) use a specific material or type of surface finish for the 18
roof or external walls of a class 1a building or an 19
enclosed class 10a building attached to a class 1a 20
building; or 21
(c) install a solar hot water system or photovoltaic cells on 22
the roof or other external surface of a prescribed 23
building. 24
`(2) The entity can not withhold consent for an activity mentioned 25
in subsection (1)(a) or (b) merely to enhance or preserve the 26
external appearance of the building. 27
`(3) The entity can not withhold consent for an activity mentioned 28
in subsection (1)(c) merely to enhance or preserve the external 29
appearance of the building, if withholding the consent 30
prevents a person from installing a solar hot water system or 31
photovoltaic cells on the roof or other external surface of the 32
building. 33
Page 38
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
`(4) A requirement under this section to not withhold consent-- 1
(a) is taken to be a requirement under the relevant 2
instrument; and 3
(b) applies to the relevant instrument despite any other 4
provision of the instrument. 5
`Division 3 Miscellaneous provisions 6
`246T Particular limitation on operation of pt 2 7
`(1) This section applies if, under this part and in relation to the 8
installation of a solar hot water system or photovoltaic cells 9
on the roof or other external surface of a prescribed 10
building-- 11
(a) a provision of a relevant instrument has no force or 12
effect; or 13
(b) an entity can not withhold consent for the installation. 14
`(2) The operation of this part does not give rise to any entitlement 15
to install a solar hot water system or photovoltaic cells on the 16
roof or other external surface of the building in a way that 17
unreasonably prevents or interferes with a person's use and 18
enjoyment of any part of the building. 19
`246U No compensation payable 20
`To remove any doubt, it is declared that no compensation is 21
payable by the State or another person for any loss or expense 22
arising out of the operation of this part or its effect on a 23
relevant instrument. 24
Page 39
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
`Chapter 8B Transport noise corridors 1
`Part 1 Preliminary 2
`246V Purpose of ch 8B 3
`The purpose of this chapter is to provide for the designation 4
of land as a transport noise corridor for building assessment 5
provisions expressed to apply specifically for the reduction of 6
noise in class 1, 2, 3 or 4 buildings. 7
`246W Definitions for ch 8B 8
`In this chapter-- 9
railway land means rail corridor land, commercial corridor 10
land or future railway land under the Transport Infrastructure 11
Act, schedule 6. 12
road, for a road under the control of a local government, 13
means any part of the surface of the road on which motor 14
vehicles ordinarily travel. 15
State-controlled road means a road or land, or part of a road 16
or land, declared under the Transport Infrastructure Act, 17
section 24 to be a State-controlled road. 18
transport chief executive means the chief executive of the 19
department in which the Transport Infrastructure Act is 20
administered. 21
Transport Infrastructure Act means the Transport 22
Infrastructure Act 1994. 23
transport noise corridor means land designated under this 24
chapter as a transport noise corridor. 25
Page 40
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
`Part 2 Designation by local 1
governments 2
`246X Designation of transport noise corridor--local 3
governments 4
`(1) A local government may, by gazette notice, designate land as 5
a transport noise corridor. 6
`(2) A local government may designate land under subsection (1) 7
only if-- 8
(a) the land is within-- 9
(i) 100m of a road under its control; or 10
(ii) a distance of more than 100m but not more than 11
200m of a road under its control, if the noise level 12
caused by traffic on the road at the distance has 13
been measured, in a way approved by the chief 14
executive, to be at least 58db(A); and 15
(b) the road has an AADT of at least 3000 vehicles. 16
`(3) At least 20 business days before acting under subsection (1), 17
the local government must give the chief executive written 18
notice about the proposed designation. 19
`(4) The notice must-- 20
(a) identify the land that is proposed to be designated; and 21
(b) include information reasonably required by the chief 22
executive about the likely levels of noise within the 23
proposed transport noise corridor caused by traffic on 24
the road for which the designation is proposed; and 25
(c) state the proposed gazettal day for the designation. 26
`(5) The information mentioned in subsection (4)(b) must be given 27
in the form required by the chief executive. 28
`(6) If the local government designates land under this section, the 29
land must be-- 30
(a) identified specifically in the gazette notice; or 31
Page 41
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
(b) identified generally in the gazette notice, and identified 1
specifically in documents described in the gazette notice 2
and available for inspection at an office of the local 3
government mentioned in the gazette notice. 4
`(7) In this section-- 5
AADT, for a road, means its annual average daily traffic rate 6
worked out by using the following formula-- 7
V
AADT = --------
-
365
where-- 8
AADT is the annual average daily traffic rate. 9
V is the total volume of vehicular traffic for the road in a year, 10
worked out under a relevant guideline for measuring traffic 11
volume published by Austroads. 12
`246Y Notification about designation of transport noise 13
corridor 14
`(1) As soon as practicable after designating land as a transport 15
noise corridor, the local government must-- 16
(a) give notice of the designation to the chief executive; and 17
(b) include a record of the transport noise corridor in its 18
planning scheme. 19
`(2) The record must-- 20
(a) identify the land that is within the transport noise 21
corridor; and 22
(b) include details about the levels of noise within the 23
corridor caused by traffic on the road for which it is 24
designated; and 25
(c) state that interested persons may obtain details about the 26
transport noise corridor and the levels of noise from the 27
local government. 28
Page 42
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 29]
`(3) Information required to be included in the record must be 1
included in a way that readily allows an applicant for a 2
building development approval to identify whether land the 3
subject of the approval is within a transport noise corridor. 4
`Part 3 Designation by transport chief 5
executive 6
`246Z Designation of transport noise corridor--transport 7
chief executive 8
`(1) The transport chief executive may, by gazette notice, 9
designate land as a transport noise corridor. 10
`(2) The transport chief executive may designate land under 11
subsection (1) only if the land is within-- 12
(a) 100m of railway land or a State-controlled road; or 13
(b) a distance of more than 100m but not more than 250m of 14
railway land or a State-controlled road, if the noise level 15
caused by rolling stock operating on the railway land or 16
traffic on the road at the distance has been measured, in 17
a way approved by the chief executive, to be at least 18
58db(A). 19
`(3) If the transport chief executive designates land under this 20
section, the land must be-- 21
(a) identified specifically in the gazette notice; or 22
(b) identified generally in the gazette notice, and identified 23
specifically in documents described in the gazette notice 24
and available for inspection at an office of the 25
department mentioned in the gazette notice. 26
Page 43
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 30]
`246ZA Notification about designation of transport noise 1
corridor 2
`(1) As soon as practicable after designating land as a transport 3
noise corridor, the transport chief executive must give notice 4
of the designation to-- 5
(a) the chief executive of the department in which this Act 6
is administered; and 7
(b) the local government in whose area the transport noise 8
corridor is situated. 9
`(2) The notice must include information about the levels of noise 10
within the corridor caused by rolling stock or traffic on the 11
railway land or State-controlled road for which it is 12
designated. 13
`(3) As soon as practicable after receiving the notice, the local 14
government must include a record of the transport noise 15
corridor in its planning scheme. 16
`(4) The record must-- 17
(a) identify the land that is within the transport noise 18
corridor; and 19
(b) include details about the levels of noise within the 20
corridor caused by rolling stock or traffic on the railway 21
land or State-controlled road for which it is designated; 22
and 23
(c) state that interested persons may obtain details about the 24
transport noise corridor and the levels of noise from the 25
local government. 26
`(5) Information required to be included in the record must be 27
included in a way that readily allows an applicant for a 28
building development approval to identify whether land the 29
subject of the approval is within a transport noise corridor.'. 30
Clause 30 Amendment of s 258 (Guidelines) 31
Section 258-- 32
insert-- 33
Page 44
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 31]
`(2) Without limiting subsection (1), the chief executive may make 1
a guideline to help persons to prepare a sustainability 2
declaration under chapter 8A, part 1, division 2.'. 3
Clause 31 Amendment of s 260 (Evidentiary aids) 4
Section 260(2)-- 5
omit, insert-- 6
`(2) A certificate purporting to be signed by the general manager 7
of BSA stating any of the following matters is evidence of the 8
matter-- 9
(a) a stated document is a copy of, or an extract from or part 10
of-- 11
(i) a licence; or 12
(ii) the register; or 13
(iii) another document kept or made under chapter 6, 14
part 2, 3 or 4; 15
(b) on a stated day, or during a stated period, a licence-- 16
(i) was, or was not, in force; or 17
(ii) was, or was not, subject to a stated condition; or 18
(iii) was, or was not, cancelled or suspended. 19
`(3) A certificate purporting to be signed by the chief executive 20
stating any of the following matters is evidence of the 21
matter-- 22
(a) a stated document is a copy of, or an extract from or part 23
of-- 24
(i) the BCA; or 25
(ii) the QDC; or 26
(iii) a document kept or made under this Act, other than 27
a document kept or made under chapter 6, part 2, 3 28
or 4; 29
Page 45
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 32]
(b) an edition of the BCA was the current edition of the 1
BCA at a stated time or during a stated period; 2
(c) a particular version of the QDC was in force at a stated 3
time or during a stated period; 4
(d) a particular part of the QDC was in force at a stated time 5
or during a stated period.'. 6
Clause 32 Insertion of new ch 11, pt 8 7
Chapter 11-- 8
insert-- 9
`Part 8 Transitional provisions for 10
Building and Other Legislation 11
Amendment Act 2009 12
`286 Continuing application of s 154 13
`(1) This section applies to a relevant person who does not have at 14
least 1 years experience as a building surveying technician 15
employed by a local government or under the supervision of a 16
private certifier. 17
`(2) Section 154 as in force immediately before 1 January 2010 18
continues to apply to the relevant person-- 19
(a) while the person is licensed as a building surveying 20
technician; and 21
(b) until the person has the experience mentioned in 22
subsection (1). 23
`(3) In this section-- 24
relevant person means a person-- 25
(a) licensed as a building surveying technician immediately 26
before 1 January 2010; or 27
Page 46
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 33]
(b) issued with a licence or a renewed licence on a decision 1
for an application mentioned in section 287(1). 2
Note-- 3
This section commenced on 1 January 2010. 4
`287 Continuing application of s 155 5
`(1) This section applies to a following application made but not 6
decided before 1 January 2010-- 7
(a) an application under section 155 for a licence at the 8
level of building surveying technician; 9
(b) an application under section 167 for renewal of a licence 10
at the level of building surveying technician. 11
`(2) For considering and deciding the application, section 155 as in 12
force immediately before 1 January 2010 continues to apply.'. 13
Clause 33 Replacement of sch 1 (The QDC on 26 February 2008) 14
Schedule 1-- 15
omit, insert-- 16
Page 47
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 33]
`Schedule 1 The QDC on 26 October 2009 1
section 13 2
Part Description Former
part
reference
Siting and amenity--detached housing
MP 1.1 Design and siting standard for single detached housing on lots 11
under 450m2, but only--
(a) the headings `application' and `commencement' and the
words under those headings; and
(b) performance criteria 1, 2, 3 and 6; and
(c) the relevant acceptable solutions for the performance
criteria; and
(d) definitions relevant to the provisions mentioned in
paragraphs (a) to (c).
MP 1.2 Design and siting standard for single detached housing on lots 12
450m2 and over, but only--
(a) the headings `application' and `commencement' and the
words under those headings; and
(b) performance criteria 1, 2, 3 and 6; and
(c) the relevant acceptable solutions for the performance
criteria; and
(d) definitions relevant to the provisions mentioned in
paragraphs (a) to (c).
Fire safety
MP 2.1 Fire safety in budget accommodation buildings 14
MP 2.2 Fire safety in residential care buildings 14.1
MP 2.4 Buildings in bushfire-prone areas --
Page 48
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 34]
Part Description Former
part
reference
Special buildings and structures
MP 3.1 Floating buildings 31
MP 3.2 Tents 28
Building sustainability
MP 4.1 Sustainable buildings 29
MP 4.2 Water savings targets 25
MP 4.3 Alternative water sources--commercial buildings --
General health, safety and amenity
MP 5.1 Workplaces 1
MP 5.2 Higher risk personal appearance services 15
MP 5.3 Retail meat premises 4
MP 5.4 Child care centres 22
MP 5.5 Private health facilities 7
MP 5.6 Pastoral workers' accommodation 21
MP 5.7 Residential services building standard 20
MP 5.8 Workplaces involving spray painting 2
Maintenance of buildings
MP 6.1 Maintenance of fire safety installations --'.
Clause 34 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definition BCA classification change-- 2
omit. 3
(2) Schedule 2-- 4
Page 49
Building and Other Legislation Amendment Bill 2009
Part 2 Amendment of Building Act 1975
[s 34]
insert-- 1
`bathroom, for chapter 8A, part 2, see section 246M. 2
BCA classification or use change see section 109. 3
current sustainability declaration, for chapter 8A, part 1, see 4
section 246A. 5
energy efficient, for chapter 8A, part 2, see section 246M. 6
prescribed building, for chapter 8A, part 2, see section 246M. 7
publish, for chapter 8A, part 1, see section 246A. 8
railway land, for chapter 8B, see section 246W. 9
relevant advertisement, for chapter 8A, part 1, see section 10
246A. 11
relevant instrument, for chapter 8A, part 2, see section 246M. 12
road, for chapter 8B, see section 246W. 13
seller, for chapter 8A, part 1, see section 246A. 14
solar hot water system, for chapter 8A, part 2, see section 15
246M. 16
State-controlled road, for chapter 8B, see section 246W. 17
sustainability declaration see section 246A. 18
transport chief executive, for chapter 8B, see section 246W. 19
Transport Infrastructure Act, for chapter 8B, see section 20
246W. 21
transport noise corridor see section 246W. 22
treat, for chapter 8A, part 2, see section 246M.'. 23
(3) Schedule 2, definition building, `and is roofed'-- 24
omit, insert-- 25
`or is roofed'. 26
(4) Schedule 2, definition self-assessable building work, `section 27
21(2)'-- 28
Page 50
Building and Other Legislation Amendment Bill 2009
Part 3 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 35]
omit, insert-- 1
`section 21(3)'. 2
Part 3 Amendment of Animal 3
Management (Cats and Dogs) 4
Act 2008 5
Clause 35 Act amended 6
This part amends the Animal Management (Cats and Dogs) 7
Act 2008. 8
Clause 36 Amendment of long title 9
Long title, from `and to amend'-- 10
omit. 11
Clause 37 Amendment of s 3 (Purposes of Act) 12
Section 3(c), `cat'-- 13
omit, insert-- 14
`cats'. 15
Clause 38 Amendment of s 4 (How purposes are to be primarily 16
achieved) 17
Section 4(g), services services'-- 18
omit, insert-- 19
`services'. 20
Page 51
Building and Other Legislation Amendment Bill 2009
Part 3 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 39]
Clause 39 Amendment of s 13 (Supplier must ensure cat or dog is 1
implanted) 2
Section 13(1), note-- 3
omit, insert-- 4
`Note-- 5
For requirements about implanting a PPID in a cat or dog that is less 6
than 8 weeks old, see section 24 (Age restriction for implanting PPID).'. 7
Clause 40 Amendment of s 24 (Minimum age for cat or dog to be 8
implanted) 9
(1) Section 24, heading-- 10
omit, insert-- 11
`24 Age restriction for implanting PPID'. 12
(2) Section 24(1)-- 13
omit, insert-- 14
`(1) An authorised implanter must not implant a PPID in a cat or 15
dog that is less than 8 weeks old, unless-- 16
(a) the implanter has a reasonable excuse; or 17
(b) the implanter is a veterinary surgeon who considers 18
implanting the PPID is not likely to be a serious risk to 19
the health of the cat or dog; or 20
(c) there is a signed veterinary surgeon's certificate for the 21
cat or dog stating that implanting the PPID when it is 22
less than 8 weeks old is not likely to be a serious risk to 23
the health of the cat or dog. 24
Maximum penalty--60 penalty units.'. 25
Clause 41 Amendment of s 34 (PID must not be removed or 26
otherwise interfered with) 27
Section 34(2), definition interfere with, `it a way'-- 28
omit, insert-- 29
`it in a way'. 30
Page 52
Building and Other Legislation Amendment Bill 2009
Part 3 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 42]
Clause 42 Amendment of s 90 (Notice of proposed declaration) 1
Section 90(1), `dog notice'-- 2
omit, insert-- 3
`dog a notice'. 4
Clause 43 Amendment of s 97 (Declared dangerous dogs) 5
Section 97(1), after `2 to 6'-- 6
insert-- 7
`and 8'. 8
Clause 44 Amendment of s 98 (Declared menacing dogs) 9
Section 98(1), `and 4 to 6'-- 10
omit, insert-- 11
`, 4 to 6 and 8'. 12
Clause 45 Insertion of new ch 10, pt 1 hdg 13
Chapter 10, before section 211-- 14
insert-- 15
`Part 1 Transitional provisions for Act 16
No. 74 of 2008'. 17
Clause 46 Insertion of new ch 10, pt 2 18
Chapter 10-- 19
insert-- 20
Page 53
Building and Other Legislation Amendment Bill 2009
Part 3 Amendment of Animal Management (Cats and Dogs) Act 2008
[s 47]
`Part 2 Transitional provision for 1
Building and Other Legislation 2
Amendment Act 2009 3
`222 Provision about offences under s 24 4
`(1) A proceeding can not be started for an offence under 5
pre-amended section 24(1) if the circumstances giving rise to 6
the commission of the offence-- 7
(a) would not, if the circumstances happened after the 8
commencement of this section, give rise to the 9
commission of an offence under post-amended section 10
24(1); or 11
(b) involve an authorised implanter to which, if the 12
circumstances happened after the commencement of this 13
section, post-amended section 24(1), paragraph (c) 14
could have applied. 15
`(2) In this section-- 16
amending Act means the Building and Other Legislation 17
Amendment Act 2009. 18
post-amended section 24(1) means section 24(1) as replaced 19
under the amending Act, section 40. 20
pre-amended section 24(1) means section 24(1) as in force 21
immediately before the amending Act, section 40 22
commences.'. 23
Clause 47 Amendment of sch 1 (Permit conditions and conditions 24
applying to declared dangerous and menacing dogs) 25
Schedule 1, section 3(3), definition relevant dog, paragraph 26
(a), after `menacing dog'-- 27
insert-- 28
`or a dog the subject of a proposed declaration notice for a 29
menacing dog declaration'. 30
Page 54
Building and Other Legislation Amendment Bill 2009
Part 4 Amendment of Body Corporate and Community Management Act 1997
[s 48]
Part 4 Amendment of Body Corporate 1
and Community Management 2
Act 1997 3
Clause 48 Act amended 4
This part amends the Body Corporate and Community 5
Management Act 1997. 6
Clause 49 Amendment of s 66 (Requirements for community 7
management statement) 8
Section 66-- 9
insert-- 10
`(3A) A community management statement must not include 11
provisions adopting, under a regulation module, an 12
architectural and landscape code or a provision of an 13
architectural and landscape code that has no force or effect 14
under the Building Act 1975, chapter 8A, part 2. 15
Editor's note-- 16
Building Act 1975, chapter 8A, part 2 (Provisions to support sustainable 17
housing)'. 18
Clause 50 Amendment of s 180 (Limitations for by-laws) 19
Section 180-- 20
insert-- 21
`(7) A by-law must not be oppressive or unreasonable, having 22
regard to the interests of all owners and occupiers of lots 23
included in the scheme and the use of the common property 24
for the scheme. 25
`(8) A by-law must not include a provision that has no force or 26
effect under the Building Act 1975, chapter 8A, part 2. 27
Page 55
Building and Other Legislation Amendment Bill 2009
Part 5 Amendment of Fire and Rescue Service Act 1990
[s 51]
Editor's note-- 1
Building Act 1975, chapter 8A, part 2 (Provisions to support sustainable 2
housing)'. 3
Clause 51 Amendment of sch 4 (By-laws) 4
Schedule 4, section 8-- 5
insert-- 6
`Note-- 7
Under the Building Act 1975, sections 246R and 246S, a body corporate 8
can not withhold consent for particular activities stated in the sections 9
that might change the external appearance of a lot.'. 10
Part 5 Amendment of Fire and Rescue 11
Service Act 1990 12
Clause 52 Act amended 13
This part amends the Fire and Rescue Service Act 1990. 14
Clause 53 Insertion of new ss 104SG-104SK 15
After section 104SF-- 16
insert-- 17
`104SG Assessors to help QCAT 18
`(1) In conducting a proceeding that is a review of a notice given 19
under section 69(2)(a) or part 9A or the terms of a notice, 20
QCAT must be helped by the following chosen by the 21
principal registrar from the list mentioned in section 22
104SI(3)-- 23
(a) at least 1 assessor nominated under section 24
104SI(2)(b)(i); 25
Page 56
Building and Other Legislation Amendment Bill 2009
Part 5 Amendment of Fire and Rescue Service Act 1990
[s 53]
(b) at least 1 assessor nominated under section 1
104SI(2)(b)(ii); 2
(c) if the notice is an occupancy notice or a decision notice 3
under section 104KI--at least 1 assessor nominated 4
under section 104SI(2)(b)(iii). 5
`(2) A person chosen under subsection (1)(b) must have been 6
nominated by the local government of the area in which the 7
premises to which the notice relates are situated. 8
`(3) For subsection (2)-- 9
(a) if the local government is not the person seeking the 10
review, the person nominated must be a person 11
appointed to be a building certifier by the local 12
government; and 13
(b) if the local government is the person seeking the review, 14
the person nominated must be a person appointed to be a 15
building certifier by another local government. 16
`(4) Subsection (2) does not apply to a review of a notice or the 17
terms of a notice, given under section 69(2)(a), that relates to 18
premises other than a building. 19
`(5) Despite subsection (1), a proceeding may be conducted 20
without the help of assessors if the presiding member is 21
satisfied it is necessary because of the urgency of the matter. 22
`(6) In this section-- 23
presiding member see the QCAT Act, schedule 3. 24
principal registrar see the QCAT Act, schedule 3. 25
proceeding see the QCAT Act, schedule 3. 26
`104SH Function and powers of assessors 27
`(1) The function of an assessor is to help QCAT decide questions 28
of fact in a proceeding. 29
`(2) To enable an assessor to perform the assessor's function, the 30
assessor may, during a proceeding-- 31
(a) ask questions of a witness in the proceeding; and 32
Page 57
Building and Other Legislation Amendment Bill 2009
Part 5 Amendment of Fire and Rescue Service Act 1990
[s 53]
(b) discuss a question of fact with a person appearing for a 1
party in the proceeding. 2
`104SI Appointment of assessors 3
`(1) The commissioner must, for each year, appoint persons as 4
assessors for helping QCAT in proceedings mentioned in 5
section 104SG(1). 6
`(2) A person is qualified to be appointed as an assessor only if-- 7
(a) the commissioner is satisfied the person has the 8
knowledge, expertise and experience relevant for 9
helping QCAT in the proceedings; and 10
(b) the person is nominated by-- 11
(i) the chief executive of the department in which the 12
Building Act 1975 is administered; or 13
(ii) a local government in the State; or 14
(iii) the chief executive (liquor licensing). 15
`(3) The commissioner must, at the beginning of each year, give 16
the principal registrar a list of the persons appointed as 17
assessors for the year. 18
`(4) The list must state, for each person appointed-- 19
(a) the area in which the person has relevant knowledge, 20
expertise and experience; and 21
(b) whether the person was nominated under subsection 22
(2)(b)(i), (ii) or (iii). 23
`104SJ Disqualification from appointment as assessor 24
`A person may not be appointed or continue as an assessor if 25
the person is not qualified, or ceases to be qualified, under 26
section 104SI(2). 27
Page 58
Building and Other Legislation Amendment Bill 2009
Part 6 Amendment of Land Title Act 1994
[s 54]
`104SK QCAT may have regard to assessor's view 1
`In deciding a question of fact in a proceeding, the member or 2
members constituting QCAT may, to the extent the member or 3
members consider appropriate, have regard to the views of an 4
assessor helping QCAT.'. 5
Clause 54 Amendment of sch 6 (Dictionary) 6
Schedule 6-- 7
insert-- 8
`assessor means an assessor appointed under section 104SI. 9
presiding member see section 104SG. 10
principal registrar see section 104SG. 11
proceeding see section 104SG.'. 12
Part 6 Amendment of Land Title Act 13
1994 14
Clause 55 Act amended 15
This part amends the Land Title Act 1994. 16
Clause 56 Amendment of s 50 (Requirements for registration of plan 17
of subdivision) 18
Section 50(2)(b), `local government concerned'-- 19
omit, insert-- 20
`relevant planning body'. 21
Clause 57 Insertion of new s 54DA 22
After section 54D-- 23
Page 59
Building and Other Legislation Amendment Bill 2009
Part 7 Amendment of Mixed Use Development Act 1993
[s 58]
insert-- 1
`54DA When building management statement taken not to 2
be registered 3
`(1) A registered building management statement is taken not to be 4
registered under this Act to the extent it includes a prohibition, 5
requirement or restriction that, under the Building Act 1975, 6
chapter 8A, part 2, has no force or effect. 7
Editor's note-- 8
Building Act 1975, chapter 8A, part 2 (Provisions to support sustainable 9
housing) 10
`(2) Subsection (1) has effect only for a building management 11
statement registered after the commencement of this section. 12
`(3) The registrar may refuse to register an instrument purporting 13
to be a building management statement if the registrar is 14
satisfied it includes a prohibition, requirement or restriction 15
that, under the Building Act 1975, chapter 8A, part 2, has no 16
force or effect.'. 17
Part 7 Amendment of Mixed Use 18
Development Act 1993 19
Clause 58 Act amended 20
This part amends the Mixed Use Development Act 1993. 21
Clause 59 Amendment of s 3 (Definitions) 22
(1) Section 3, definition chief executive-- 23
omit. 24
(2) Section 3, definition chief executive (valuations), from 25
`within'-- 26
omit, insert-- 27
Page 60
Building and Other Legislation Amendment Bill 2009
Part 8 Amendment of Plumbing and Drainage Act 2002
[s 60]
`of the department in which the Valuation of Land Act 1944 is 1
administered.'. 2
Clause 60 Amendment of s 136 (General provisions that apply to 3
management statement) 4
Section 136(2), `section 124(7)'-- 5
omit, insert-- 6
`section 124(8)'. 7
Part 8 Amendment of Plumbing and 8
Drainage Act 2002 9
Clause 61 Act amended in part and schedule 10
This part and the schedule amend the Plumbing and Drainage 11
Act 2002. 12
Clause 62 Replacement of pt 2 hdg (Plumbers and Drainers Board) 13
Part 2, heading-- 14
omit, insert-- 15
`Part 2 Plumbing Industry Council'. 16
Clause 63 Replacement of s 5 (Establishment of board) 17
Section 5-- 18
omit, insert-- 19
`5 Establishment of council 20
`(1) The Plumbing Industry Council is established. 21
`(2) The council does not represent the State.'. 22
Page 61
Building and Other Legislation Amendment Bill 2009
Part 8 Amendment of Plumbing and Drainage Act 2002
[s 64]
Clause 64 Amendment of s 9 (Membership of board) 1
(1) Section 9, before paragraph (a)-- 2
omit, insert-- 3
`9 Membership of council 4
`(1) The council consists of members appointed by the Minister. 5
`(2) The Minister decides the number of members. 6
`(3) However, the membership must consist of--'. 7
(2) Section 9(3)(a), as amended under this section, `a 8
representative'-- 9
omit, insert-- 10
`at least 1 representative'. 11
(3) Section 9(3)(a)(vi), as amended under this section, 12
`Branch;'-- 13
omit, insert-- 14
`Branch; and'. 15
Clause 65 Amendment of s 10 (Appointment of deputy members) 16
(1) Section 10, `Governor in Council'-- 17
omit, insert-- 18
`Minister'. 19
(2) Section 10(1), `section 9(a)'-- 20
omit, insert-- 21
`section 9(3)(a)'. 22
Clause 66 Amendment of s 11 (Chairperson and deputy chairperson 23
of board) 24
(1) Section 11, heading, `board'-- 25
omit, insert-- 26
`council'. 27
Page 62
Building and Other Legislation Amendment Bill 2009
Part 8 Amendment of Plumbing and Drainage Act 2002
[s 67]
(2) Section 11(1), `board's'-- 1
omit, insert-- 2
`council's'. 3
(3) Section 11, `Governor in Council'-- 4
omit, insert-- 5
`Minister'. 6
Clause 67 Amendment of s 17 (Remuneration of members) 7
Section 17, `Governor in Council'-- 8
omit, insert-- 9
`Minister'. 10
Clause 68 Amendment of s 26 (Remuneration of committee 11
members) 12
Section 26, `Governor in Council'-- 13
omit, insert-- 14
`Minister'. 15
Clause 69 Insertion of new pt 10, div 6 16
Part 10-- 17
insert-- 18
`Division 6 Transitional provisions for Building 19
and Other Legislation Amendment 20
Act 2009 21
`177 Definitions for div 6 22
`In this division-- 23
Page 63
Building and Other Legislation Amendment Bill 2009
Part 8 Amendment of Plumbing and Drainage Act 2002
[s 69]
commencement means the day the Building and Other 1
Legislation Amendment Act 2009, section 63 commences. 2
former board see section 178(1). 3
`178 Dissolution of Plumbers and Drainers Board 4
`(1) On the commencement-- 5
(a) the Plumbers and Drainers Board (the former board) 6
ceases to exist; and 7
(b) the following go out of office-- 8
(i) the former board's members; 9
(ii) the former board's chairperson and deputy 10
chairperson; 11
(iii) a member of a committee of the former board. 12
`(2) To remove any doubt, it is declared that subsection (1) does 13
not prevent a person mentioned in subsection (1)(b) from 14
being nominated for, or holding office with, the council. 15
`(3) No amount, whether by way of compensation, reimbursement 16
or otherwise, is payable by the State for or in connection with 17
the enactment or operation of subsection (1). 18
`179 Registrar and officers of former board 19
`On the commencement-- 20
(a) the former board's registrar immediately before the 21
commencement becomes the council's registrar; and 22
(b) another officer of the former board becomes an officer 23
of the council in the same position as their former office 24
with the board. 25
`180 References to former board 26
`In an Act or document a reference to the former board may, if 27
the context permits, be taken as a reference to the council. 28
Page 64
Building and Other Legislation Amendment Bill 2009
Part 8 Amendment of Plumbing and Drainage Act 2002
[s 70]
`181 Legal proceedings 1
`(1) A proceeding that has been started or could have been started 2
or continued by or against the former board before the 3
commencement may be started or continued by or against the 4
council. 5
`(2) In this section-- 6
proceeding includes a referral under section 70A to QCAT. 7
`182 Migration of undecided applications 8
`If, immediately before the commencement, an application 9
had been made to the former board but not decided, the 10
application is taken to have been made to the council when it 11
was made to the former board. 12
`183 Migration of former board's matters 13
`On the commencement, the following made by the former 14
board in force immediately before the commencement are 15
taken to have been made by the council when the former 16
board made them-- 17
(a) a decision; 18
(b) a licence or other document; 19
(c) a referral under section 70A to QCAT.'. 20
Clause 70 Amendment of schedule (Dictionary) 21
(1) Schedule, definition board-- 22
omit, insert-- 23
`council means the Plumbing Industry Council established 24
under section 5.'. 25
(2) Schedule, definitions chairperson, deputy chairperson, 26
information notice, member and review period, `board'-- 27
omit, insert-- 28
Page 65
Building and Other Legislation Amendment Bill 2009
Part 9 Amendment of Property Agents and Motor Dealers Act 2000
[s 71]
`council'. 1
(3) Schedule, definitions foreign licensing authority, paragraph 2
(b) and interstate or the New Zealand licensing authority, 3
`board's'-- 4
omit, insert-- 5
`council's'. 6
Part 9 Amendment of Property Agents 7
and Motor Dealers Act 2000 8
Clause 71 Act amended 9
This part amends the Property Agents and Motor Dealers Act 10
2000. 11
Clause 72 Amendment of s 363 (Purposes of ch 11) 12
Section 363-- 13
insert-- 14
`(d) to impose obligations on seller's agents, under part 5, 15
about the advertising and availability of information on 16
sustainable housing measures for the sale of particular 17
residential property.'. 18
Clause 73 Insertion of new ch 11, pt 5 19
Chapter 11-- 20
insert-- 21
Page 66
Building and Other Legislation Amendment Bill 2009
Part 9 Amendment of Property Agents and Motor Dealers Act 2000
[s 73]
`Part 5 Advertising sale of particular 1
properties--sustainability 2
declarations 3
`Division 1 Preliminary 4
`373A Definitions for pt 5 5
`In this part-- 6
Building Act means the Building Act 1975. 7
current sustainability declaration, for a residential dwelling, 8
means the current sustainability declaration for the dwelling 9
under the Building Act, chapter 8A, part 1. 10
publish includes-- 11
(a) publish on the internet; and 12
(b) cause to be published. 13
relevant advertisement means an advertisement in any form 14
or medium, other than-- 15
(a) an advertisement published in a newspaper or magazine; 16
or 17
(b) a sign advertising the sale of a residential dwelling, if 18
the sign was not prepared specifically to advertise the 19
sale of the particular dwelling. 20
residential dwelling means a class 1a building or class 2 21
building under the Building Act for which a sustainability 22
declaration must be prepared under chapter 8A, part 1, 23
division 2 of that Act. 24
Examples of a class 1a building-- 25
detached house, terrace house and town house 26
Page 67
Building and Other Legislation Amendment Bill 2009
Part 9 Amendment of Property Agents and Motor Dealers Act 2000
[s 73]
Example of a class 2 building-- 1
a building containing 2 or more sole-occupancy units that are separate 2
dwellings 3
seller's agent see section 373B(1). 4
`Division 2 Requirements about advertising 5
sale, and inspection, of residential 6
dwellings 7
`373B Application of div 2 8
`(1) This division applies to an entity (the seller's agent) 9
appointed to sell a residential dwelling under a written 10
agreement under this Act by the person authorising the sale of 11
the dwelling. 12
`(2) However, this division applies to the seller's agent only until 13
the earlier of the following days to happen-- 14
(a) the day the dwelling is sold; 15
(b) the day the dwelling is withdrawn from sale. 16
`373C Requirements about advertising sale of residential 17
dwelling 18
`(1) The seller's agent must not publish a relevant advertisement 19
for the sale of the residential dwelling unless the 20
advertisement includes information about where a person may 21
obtain a copy of the current sustainability declaration for the 22
dwelling. 23
Maximum penalty--100 penalty units. 24
Example-- 25
An advertisement published on the internet might include a link to a 26
website at which a person may obtain a copy of the declaration. 27
`(2) The seller's agent must not give a person a document 28
advertising the sale of the residential dwelling unless-- 29
Page 68
Building and Other Legislation Amendment Bill 2009
Part 9 Amendment of Property Agents and Motor Dealers Act 2000
[s 73]
(a) the person has a copy of the current sustainability 1
declaration for the dwelling; or 2
(b) a copy of the declaration accompanies the document. 3
Maximum penalty--100 penalty units. 4
`(3) Subsection (2) does not apply to the seller's agent if the 5
document is given to the person at-- 6
(a) the residential dwelling; and 7
(b) a time it is generally open to the public for inspection by 8
potential buyers of the dwelling. 9
`373D Requirements about inspection of residential 10
dwelling 11
`(1) At any time the residential dwelling is generally open to the 12
public for inspection by potential buyers of the dwelling, the 13
seller's agent must ensure a copy of the current sustainability 14
declaration for the dwelling is conspicuously displayed so 15
anyone entering the dwelling can easily read the declaration. 16
Maximum penalty--100 penalty units. 17
`(2) If a person enters the residential dwelling to inspect it as a 18
potential buyer of the dwelling, other than at a time mentioned 19
in subsection (1), the seller's agent must ensure-- 20
(a) the person has a copy of the current sustainability 21
declaration before the person enters the dwelling; or 22
(b) a copy of the declaration is readily available for 23
inspection by the person before the person enters the 24
dwelling and the person is advised by the seller's agent 25
that a copy is available for inspection; or 26
(c) a copy of the declaration is conspicuously displayed at 27
the dwelling so the person can easily read it. 28
Maximum penalty--100 penalty units. 29
Page 69
Building and Other Legislation Amendment Bill 2009
Part 9 Amendment of Property Agents and Motor Dealers Act 2000
[s 73]
`373E Requirement to give copy of sustainability declaration 1
`If a person who is a potential buyer of the residential 2
dwelling asks the seller's agent for a copy of the current 3
sustainability declaration for the dwelling, the seller's agent 4
must give the person a copy as soon as practicable. 5
Maximum penalty--100 penalty units. 6
`373F Breach of obligation does not generally give rise to 7
right or remedy 8
`A breach of an obligation under this division does not of itself 9
give rise to an action for breach of statutory duty or another 10
civil right or remedy. 11
`Division 3 Publishing or giving incomplete or 12
false or misleading sustainability 13
declaration 14
`373G Application of div 3 15
`This division applies if-- 16
(a) a seller's agent-- 17
(i) publishes a relevant advertisement for the sale of a 18
residential dwelling that includes information 19
about a current sustainability declaration for the 20
dwelling; or 21
(ii) gives or makes available to a person a current 22
sustainability declaration for the dwelling; and 23
(b) the declaration is incomplete or contains information 24
that is false or misleading; and 25
(c) if the declaration contains information that is false or 26
misleading--the information was not included in the 27
declaration by the seller's agent, or because of any 28
representation made by or for the seller's agent, after the 29
seller signs it. 30
Page 70
Building and Other Legislation Amendment Bill 2009
Part 9 Amendment of Property Agents and Motor Dealers Act 2000
[s 74]
`373H No right to terminate contract for publishing or 1
giving declaration 2
`The buyer under a relevant contract for the sale of the 3
residential dwelling can not terminate the contract only 4
because the declaration is incomplete or contains information 5
that is false or misleading. 6
`373I Publishing or giving declaration does not 7
contravene particular provisions 8
`(1) It is declared that the mere publication of the advertisement or 9
the giving of or making available the declaration does not 10
constitute a contravention of any of the following provisions 11
by the seller's agent-- 12
(a) section 573A, 573B(1), 573C(1) or 574(1); 13
(b) the Fair Trading Act 1989, section 38, 39, 40 or 40A. 14
Editor's note-- 15
Fair Trading Act 1989, section 38 (Misleading or deceptive 16
conduct--TPA s 52), 39 (Unconscionable conduct--TPA s 51AB), 40 17
(False or misleading representations--TPA s 53) or 40A (False 18
representations and other misleading or offensive conduct in relation to 19
land--TPA s 53A) 20
`(2) To remove any doubt, it is declared that merely publishing the 21
advertisement, or giving or making available the declaration, 22
does not constitute a contravention of section 573A, 573B(1), 23
573C(1) or 574(1) for which a person may make a claim 24
against the fund. 25
`(3) Subsection (2) applies despite section 470(1)(a).'. 26
Clause 74 Amendment of s 470 (Claims) 27
Section 470(1)-- 28
insert-- 29
Page 71
Building and Other Legislation Amendment Bill 2009
Part 10 Amendment of Sustainable Planning Act 2009
[s 75]
`Note-- 1
See, however, section 373I for particular activities that do not constitute 2
a contravention of section 573A, 573B(1), 573C(1) or 574(1) for which 3
a person may make a claim against the fund.'. 4
Clause 75 Amendment of sch 2 (Dictionary) 5
Schedule 2-- 6
insert-- 7
`Building Act, for chapter 11, part 5, see section 373A. 8
current sustainability declaration, for chapter 11, part 5, see 9
section 373A. 10
publish, for chapter 11, part 5, see section 373A. 11
relevant advertisement, for chapter 11, part 5, see section 12
373A. 13
residential dwelling, for chapter 11, part 5, see section 373A. 14
seller's agent, for chapter 11, part 5, see section 373B(1).'. 15
Part 10 Amendment of Sustainable 16
Planning Act 2009 17
Clause 76 Act amended 18
This part amends the Sustainable Planning Act 2009. 19
Clause 77 Amendment of s 335 (Content of decision notice) 20
Section 335(3), from `include'-- 21
omit, insert-- 22
Page 72
Building and Other Legislation Amendment Bill 2009
Part 10 Amendment of Sustainable Planning Act 2009
[s 78]
`-- 1
(a) include the approved drawings for the development 2
approval; and 3
(b) if the development involves building work that is 4
building, repairing or altering a building--state the 5
classification or proposed classification of the building 6
or parts of the building under the BCA.'. 7
Clause 78 Amendment of s 870 (References to repealed IPA) 8
(1) Section 870, heading, after `IPA'-- 9
insert-- 10
`and other legislation'. 11
(2) Section 870(3)-- 12
renumber as section 870(5). 13
(3) Section 870-- 14
insert-- 15
`(3) Subsection (4) applies-- 16
(a) for a reference in this Act to the Local Government Act 17
2009 or a provision of that Act or a regulation made 18
under that Act (the local government reference); and 19
(b) until the day the Local Government Act 2009, section 20
288 commences. 21
Note-- 22
The Local Government Act 2009, section 288 repeals the Local 23
Government Act 1993. 24
`(4) The local government reference may, if the context permits, 25
be taken as a reference to the Local Government Act 1993 or 26
any provision of that Act, all or part of which corresponds or 27
substantially corresponds to the reference.'. 28
Page 73
Building and Other Legislation Amendment Bill 2009
Part 11 Amendment of Transport Infrastructure Act 1994
[s 79]
Part 11 Amendment of Transport 1
Infrastructure Act 1994 2
Clause 79 Act amended 3
This part amends the Transport Infrastructure Act 1994. 4
Clause 80 Insertion of new s 477B 5
After section 477A-- 6
insert-- 7
`477B Recording of information for land in transport noise 8
corridor 9
`(1) The chief executive may give the registrar of titles a written 10
notice about land within a transport noise corridor. 11
`(2) The notice must include particulars of the land. 12
`(3) If the chief executive acts under subsection (1), the registrar of 13
titles must-- 14
(a) keep a record to show the land to which the notice 15
relates is land within a transport noise corridor; and 16
(b) keep the record in a way that a search of the register kept 17
by the registrar under any Act relating to title to land 18
will show the land is within a transport noise corridor. 19
`(4) Subsection (5) applies if land for which a notice is given 20
under subsection (1) is no longer within a transport noise 21
corridor. 22
`(5) As soon as practicable after becoming aware the land is no 23
longer within the transport noise corridor, the chief executive 24
must give the registrar of titles written notice of the fact. 25
`(6) On receiving the notice, the registrar of titles must remove the 26
record mentioned in subsection (3) from the registrar's 27
records. 28
`(7) No fee is payable to the registrar for keeping or removing a 29
record under this section. 30
Page 74
Building and Other Legislation Amendment Bill 2009
Part 12 Amendment of Acquisition of Land Act 1967
[s 81]
`(8) In this section-- 1
transport noise corridor means a transport noise corridor 2
designated under the Building Act 1975, section 246Z.'. 3
Part 12 Amendment of Acquisition of 4
Land Act 1967 5
Clause 81 Act amended 6
This part amends the Acquisition of Land Act 1967. 7
Clause 82 Amendment of schedule (Purposes for taking land) 8
Schedule, part 2, after second dot point-- 9
insert-- 10
`· conservation of koalas on land in a `Rural Living Area' 11
or `Regional Landscape and Rural Protection Area' 12
under the regional plan for the SEQ region under the 13
Sustainable Planning Act 2009, if the land is in the local 14
government area of the Brisbane City Council, Gold 15
Coast City Council, Ipswich City Council, Logan City 16
Council, Moreton Bay Regional Council, Redland City 17
Council or Sunshine Coast Regional Council'. 18
Page 75
Building and Other Legislation Amendment Bill 2009
Schedule
Schedule Consequential amendments of 1
Plumbing and Drainage 2
Act 2002 3
section 61 4
1 Sections 6 to 8, 14, 19 to 25, 27 to 29, 30, 32 to 34, 36 to 5
43, 46 to 48, 50 to 53, 55 to 70A, 70C to 77 and 107, part 2, 6
divisions 5 and 7 headings and part 3, division 7, 7
subdivision 2 heading, `board'-- 8
omit, insert-- 9
`council'. 10
2 Sections 6(1), 14(c), 25(4)(a), 27(7), 29(4) and 33 heading, 11
`board's'-- 12
omit, insert-- 13
`council's'. 14
3 Part 2, divisions 3, 4 and 8 headings, section 20(1) and 15
sections 46, 68, 69 and 70A headings, `Board'-- 16
omit, insert-- 17
`Council'. 18
4 Section 57 heading, `Board's'-- 19
omit, insert-- 20
`Council's'. 21
© State of Queensland 2009
Page 76
AMENDMENTS TO BILL
Building and Other Legislation Amendment Bill 2009
Building and Other Legislation
Amendment Bill 2009
Amendments agreed to during Consideration
1 Clause 29 (Insertion of new chs 8A and 8B)
Page 27, line 15, `the building is sold'--
omit, insert--
`a contract for the sale of the building settles'.
2 Clause 73 (Insertion of new ch 11, pt 5)
Page 68, line 15, `the dwelling is sold'--
omit, insert--
`a contract for the sale of the dwelling settles'.
3 Clause 73 (Insertion of new ch 11, pt 5)
Page 71, line 3, after `relevant contract'--
insert--
`, or a contract formed on a sale by auction,'.
© State of Queensland 2009
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