Section 7 of the Principal Act is amended as follows:

(a) by omitting "applies." from the definition of "permitted development permit" in section 56N and substituting "applies;";

(b) by inserting the following definition after the definition of "permitted development permit" in section 56N:

relevant regulated entity , in relation to an application, means the regulated entity in relation to which an occupier or owner of the building or land to which the application relates is, or is likely to become, a customer.

(c) by inserting the following Subdivision after section 56T:

Subdivision 3A - Building and plumbing works certificates

56TA.     Interpretation

In this Subdivision –

building includes a proposed building, part of a building, a structure and part of a structure;

building work has the same meaning as in the Building Act 2000 and includes a stage of building work;

certifiable work , for building work or plumbing work, means so much of the work as is water- or sewerage-related work;

certificate for certifiable work (building) means a certificate, referred to in section 56TC(3) , that is issued under section 56TC ;

certificate for certifiable work (plumbing) means a certificate, referred to in section 56TC(4) , that is issued under section 56TC ;

excluded works , in relation to a regulated entity, means –

(a) building work that is specified, in a policy made under section 56TF by the entity, to be a type of building work in relation to which the entity does not require that its consent be given; or

(b) plumbing work that is specified, in a policy made under section 56TF by the entity, to be a type of plumbing work in relation to which the entity does not require that its consent be given;

owner includes an agent of an owner;

permit authority has the same meaning as in the Building Act 2000 ;

plumbing work has the same meaning as in the Building Act 2000 and includes a stage of plumbing work;

relevant permit authority , in relation to water- or sewerage-related work that forms all or part of –

(a) building works, means the permit authority to which an application has been made under the Building Act 2000 for a building permit in respect of the building works; and

(b) plumbing works, means the permit authority to which an application has been made under the Building Act 2000 for a plumbing permit, or a special plumbing permit, in respect of the plumbing works;

relevant regulated entity , in relation to a building or land, means the regulated entity in relation to which an occupier or owner of the building or land is, or is likely to become, a customer;

water- or sewerage-related work , in relation to a building or land, means building work, or plumbing work, that, if carried out on the building or the land, is likely to –

(a) increase the demand for water supplied by a regulated entity; or

(b) increase or decrease the amount of sewage or toxins that is to be removed by, or discharged into, a regulated entity's sewerage infrastructure; or

(c) require a new connection, or a modification to an existing connection, to be made to a regulated entity's infrastructure; or

(d) damage or interfere with a regulated entity's works; or

(e) adversely affect a regulated entity's operations –

but does not include the regulated entity's excluded works.

56TB.     Regulated entity's consent required before grant of certain permits under Building Act 2000

(1)  A permit authority may not grant under section 72 of the Building Act 2000 an application for a building permit for building work that consists in whole or in part of certifiable work, unless the relevant regulated entity has issued a certificate for certifiable work (building) in respect of the certifiable work.

(2)  A permit authority may not grant under section 82 of the Building Act 2000 an application for a plumbing permit, or a special plumbing permit, for plumbing work that consists in whole or in part of certifiable work, unless the relevant regulated entity has issued a certificate for certifiable work (plumbing) in respect of the certifiable work.

(3)  An owner of a building or land may apply to the relevant regulated entity for –

(a) a certificate for certifiable work (building) in respect of certifiable work; or

(b) a certificate for certifiable work (plumbing) in respect of certifiable work.

(4)  An application to a regulated entity under subsection (3) is to be –

(a) in a form approved by the regulated entity; and

(b) accompanied by all documents or information required by the regulated entity.

(5)  A regulated entity must determine an application under subsection (3)  –

(a) for a certificate for certifiable work (building) within 14 days after receiving it; or

(b) for a certificate for certifiable work (plumbing) within 10 days after receiving it –

or within a longer period to which the applicant agrees.

(6)  A regulated entity may, within 7 days after receiving an application under subsection (3) , by notice in writing served on the applicant, request the applicant to provide the entity with further information in relation to the application.

(7)  If a regulated entity requests an applicant to provide the entity with further information under subsection (6) in relation to an application, the period specified in subsection (5) is to be taken not to continue to run, for the purposes of this section in relation to the application, from the date of the request until the information is provided to the entity.

56TC.     Certificates for certifiable work

(1)  A regulated entity may determine an application made to it under section 56TB in relation to certifiable work by –

(a) issuing to the applicant a certificate in respect of the work; or

(b) refusing, by notice in writing to the applicant, to issue to the applicant a certificate in respect of the work.

(2)  A regulated entity may specify conditions on a certificate.

(3)  If the application was made in relation to certifiable work forming all or part of building work, the certificate issued is to be a certificate for certifiable work (building).

(4)  If the application was made in relation to certifiable work forming all or part of plumbing work, the certificate issued is to be a certificate for certifiable work (plumbing).

(5)  A regulated entity may only refuse to issue a certificate in respect of certifiable work if the entity is reasonably of the opinion that the work –

(a) will have deleterious consequences for the entity; or

(b) is not within the scope of the entity's connections policy under section 56U.

(6)  For the purposes of subsection (5)(a) , certifiable work is only to be taken to have deleterious consequences for an entity if the entity is reasonably of the opinion that the certifiable work –

(a) will have an unduly onerous effect on the entity's infrastructure or methods of operation or the cost of providing services; or

(b) may put at unacceptable risk the health or safety of persons performing work on behalf of the entity –

and no condition of the certificate could adequately reduce the onerous effect or the risk.

(7)  A notice of refusal under subsection (1)(b) is to set out –

(a) the reasons for the refusal; and

(b) the applicant's right to appeal to the Appeal Board under section 56TE .

56TD.     Certification of water and sewerage compliance

(1)  A permit authority may not issue under section 112 of the Building Act 2000 a certificate of completion (building work) in relation to building works consisting in whole or in part of certifiable work, unless a certificate of water and sewerage compliance (building) has been issued under subsection (4) in respect of the certifiable work.

(2)  A permit authority may not issue under section 113 of the Building Act 2000 a certificate of completion (plumbing work) in relation to plumbing works consisting in whole or in part of certifiable work, unless a certificate of water and sewerage compliance (plumbing) has been issued under subsection (4) in respect of the certifiable work.

(3)  An owner of a building or land may, after the completion of certifiable work in relation to the building or the land, apply to the relevant regulated entity for the issue of a certificate in respect of the certifiable work.

(4)  A regulated entity may determine an application made to it under subsection (3) in relation to certifiable work by –

(a) issuing to the applicant a certificate in respect of the certifiable work; or

(b) refusing, by notice in writing to the applicant, to issue a certificate in respect of the certifiable work.

(5)  If the application under subsection (3) relates to building work, the certificate issued under subsection (4) is to be a certificate of water and sewerage compliance (building).

(6)  If the application under subsection (3) relates to plumbing work, the certificate issued under subsection (4) is to be a certificate of water and sewerage compliance (plumbing).

(7)  A regulated entity may only issue a certificate of water and sewerage compliance (building) in respect of certifiable work if the entity is satisfied that –

(a) the work has been completed substantially in accordance with the information or documents that accompanied the application under section 56TB for a certificate for certifiable work (building) in respect of the certifiable work; and

(b) the conditions, if any, of the certificate for certifiable work (building) in respect of the certifiable work have been complied with.

(8)  A regulated entity may only issue a certificate of water and sewerage compliance (plumbing) in respect of certifiable work if the entity is satisfied that –

(a) the work has been completed substantially in accordance with the information or documents that accompanied the application under section 56TB for a certificate for certifiable work (plumbing) in respect of the certifiable work; and

(b) the conditions, if any, of the certificate for certifiable work (plumbing) in respect of the certifiable work have been complied with.

(9)  A notice of refusal under subsection (4)(b) is to set out –

(a) the reasons for the refusal; and

(b) the applicant's right to appeal to the Appeal Board under section 56TE .

56TE.     Appeals to Appeal Board

(1)  If a regulated entity –

(a) does not determine under section 56TC or 56TD an application within the period for doing so specified in the section under which the application is made; or

(b) refuses to issue the certificate sought in the application; or

(c) issues the certificate sought in the application on conditions –

the applicant may appeal to the Appeal Board within 14 days after the end of the period referred to in paragraph (a) , or after receiving the notice of refusal or the certificate, as the case may be.

(2)  A regulated entity against which, on the ground specified in subsection (1)(a) , an appeal is made in respect of an application may determine the application at any time before the appeal is heard.

(3)  Part 12 of the Building Act 2000 applies in relation to an appeal to the Appeal Board under this section.

(4)  A person aggrieved by a decision of the Appeal Board under this section may apply under the Magistrates Court (Administrative Appeals Division) Act 2001 for a review of the decision.

56TF.     Regulated entity may make policy for excluded works

(1)  A regulated entity may prepare a policy that specifies the types of building work and plumbing work in relation to which the entity does not require that its consent be given.

(2)  In preparing a policy for the purposes of subsection (1) , a regulated entity must reasonably consult with –

(a) councils in the area in which the regulated entity supplies a regulated service; and

(b) any other person the entity thinks fit.

(3)  A regulated entity must publish on the entity's website a copy of any policy prepared under subsection (1) .

(4)  A policy prepared under subsection (1) comes into force on the date on which it is first published on the entity's website.