Building Amendment Regulation (No. 2) 1996 (Qld)

Queensland Subordinate Legislation 1996 No. 426 Building Act 1975 BUILDING AMENDMENT REGULATION (No. 2) 1996 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 1 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of s 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—FEES 3 Objection to decision of local government . . . . . . . . . . . . . . . . . . . . 2 3A Application for variation of the Standard Building Law . . . . . . . . . . 3 3B Appeal against a determination or a decision of a building tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3C Priority fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 3—MISCELLANEOUS

s1 2 s4 Building Amendment (No. 2) No. 426, 1996 ˙ Short title 1. This regulation may be cited as the Building Amendment Regulation (No. 2) 1996 . ˙ Regulation amended 2. This regulation amends the Building Regulation 1991 . ˙ Insertion of new pt 1 heading 3. Before section 1, as part heading— insert— ‘ PART 1—PRELIMINARY ’. ˙ Replacement of s 3 (Fees) 4. Section 3— omit, insert— ‘ PART 2—FEES ˙ ‘ Objection to decision of local government ‘ 3.(1) This section prescribes fees payable on lodging an objection— (a) for section 32 1 of the Act, to a decision of a local government; or (b) for section 36A 2 of the Act, in respect of a failure by a local government to make a decision or to inform an applicant of its decision. ‘ (2) The fee payable if the matter is to be determined by a building tribunal without a site inspection by the building tribunal or a member of the tribunal is— 1 Section 32 (Institution of objection) 2 Section 36A (Objection to building tribunal)

s4 3 s4 Building Amendment (No. 2) No. 426, 1996 (a) if the determination is about a class 1 building or a class 10 building or structure—$250; or (b) if the determination is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500m 2 or less—$350; or (c) if the determination is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area greater than 500m 2 —$500. ‘ (3) The fee payable if the matter is to be determined by a building tribunal after a site inspection by the building tribunal or a member of the tribunal is— (a) if the determination is about a class 1 building or a class 10 building or structure—$400; or (b) if the determination is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500m 2 or less—$500; or (c) if the determination is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area greater than 500m 2 —$750. ˙ ‘ Application for variation of the Standard Building Law ‘ 3A.(1) This section prescribes fees payable on lodging an application for variation of the Standard Building Law for section 12B of the Act. ‘ (2) The fee payable if the matter is to be decided by a building tribunal without a site inspection by the building tribunal or a member of the tribunal is— (a) if the application is about a building with a floor area of 500m 2 or less—$350; or (b) if the application is about a building with a floor area greater than 500m 2 —$500. ‘ (3) The fee payable if the matter is to be decided by a building tribunal after a site inspection by the building tribunal or a member of the tribunal is— (a) if the application is about a building with a floor area of 500m 2 or less—$500; or (b) if the application is about a building with a floor area greater than 500m 2 —$750.

s4 4 s4 Building Amendment (No. 2) No. 426, 1996 ˙ ‘ Appeal against a determination or a decision of a building tribunal ‘ 3B.(1) This section prescribes fees payable on lodging an appeal— (a) for section 38 3 of the Act, to a determination of a building tribunal; or (b) for section12E 4 of the Act, to a decision of a building tribunal. ‘ (2) The fee payable if the matter is to be decided by the committee without a site inspection by the committee or a member of the committee is— (a) if the decision is about a class 1 building or a class 10 building or structure—$500; or (b) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500m 2 or less—$1000; or (c) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area greater than 500m 2 —$1500. ‘ (3) The fee payable if the matter is to be decided by the committee after a site inspection by the committee or a member of the committee is— (a) if the decision is about a class 1 building or a class 10 building or structure—$500; or (b) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500m 2 or less—$1000; or (c) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area greater than 500m 2 —$1500. ‘ (4) If a fee is payable under subsection 3(b) or (c), an additional site attendance fee is also payable for each member of the committee attending the site, and is— (a) if attendance at the site is for 1 hour or less—$200; or (b) if attendance at the site is for more than 1 hour but less than 4 hours—$400; or (c) if attendance at the site is for 4 hours or more—$600. 3 Section 38 (Institution of appeal) 4 Section 12E (Appeal from the building tribunal’s decision)

s4 5 s4 Building Amendment (No. 2) No. 426, 1996 ˙ ‘ Priority fee ‘ 3C.(1) If, when an objection mentioned in section 3, an application mentioned in section 3A, or an appeal mentioned in section 3B is lodged, a tribunal or the committee is requested to make a priority decision for the objection, application or appeal, a priority fee of 50% of the lodging fee payable is also payable. ‘ (2) If the decision made for the purpose of the objection, application or appeal is not a priority decision for the objection, application or appeal, the priority fee must be refunded. ‘ (3) An additional site attendance fee payable under section 3B(4) is not to be taken into account in working out the amount of a priority fee. ‘ (4) In this section— “priority decision” , for an objection, application or appeal, means a decision made within 2 business days after the day of lodging the objection, application or appeal. ‘ PART 3—MISCELLANEOUS ’. ENDNOTES 1. Made by the Governor in Council on 19 December 1996. 2. Notified in the gazette on 20 December 1996. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Local Government and Planning. © State of Queensland 1996