Building and Integrated Planning Amendment Act 1998 (Qld)

Queensland BUILDING AND INTEGRATED PLANNING AMENDMENT ACT 1998 Act No. 13 of 1998

Queensland BUILDING AND INTEGRATED PLANNING AMENDMENT ACT 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 2—AMENDMENT OF BUILDING ACT 1975 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 Amendment of s 1 (Citation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 6 Omission of s 2 (Commencement of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7 Replacement of s 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8 Omission of s 4A (Use of Crown buildings in emergency) . . . . . . . . . . . . . 17 9 Replacement of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10 Replacement of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 2—STANDARD BUILDING REGULATION 6 Standard Building Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 7 Variation of how Standard Building Regulation may apply . . . . . . . 24 8 Deciding application to vary how Standard BuildingRegulation will apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 9 Fast-track decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10 Appeal from chief executive’s decision . . . . . . . . . . . . . . . . . . . . . . . 26 11 Effect of variation of Standard Building Regulation . . . . . . . . . . . . . 26 12 How changes to Standard Building Regulation may affect certain building work to be carried out . . . . . . . . . . . . . . . . . . . . . . . 26

2 Building and Integrated Planning Amendment No. 13, 1998 13 Alterations to safe existing work . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 14 Alterations to unsafe existing work . . . . . . . . . . . . . . . . . . . . . . . . . . 28 11 Omission of pts 3–4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 12 Replacement of pt 4B (Swimming pool fencing) . . . . . . . . . . . . . . . . . . . . . 28 PART 4B—SWIMMING POOL FENCING 30G Local law for fencing of swimming pools . . . . . . . . . . . . . . . . . . . . . 28 30H Outdoor swimming pools must be fenced . . . . . . . . . . . . . . . . . . . . . 29 30N Application for exemption from fencing . . . . . . . . . . . . . . . . . . . . . . 29 30S Revocation of decisions or previous variations . . . . . . . . . . . . . . . . . 30 30U Advice as to compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 30V Access to outdoor swimming pools must be kept secure . . . . . . . . . 32 30W Apportionment of cost of constructing dividing fence . . . . . . . . . . . 32 30X Appeals about swimming pool fencing . . . . . . . . . . . . . . . . . . . . . . . 33 13 Omission of pt 5 (Objections and appeals against local governments’ decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 14 Replacement of pt 6 heading (Regulatory powers of local government) . . 33 PART 6—SHOW CAUSE AND ENFORCEMENT NOTICES 15 Replacement of ss 50–54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 50A Show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 50 Enforcement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 51 Specific requirements of enforcement notices . . . . . . . . . . . . . . . . . 35 52 Appeals against enforcement notices . . . . . . . . . . . . . . . . . . . . . . . . . 36 16 Replacement of s 55 (Register of notices given) . . . . . . . . . . . . . . . . . . . . . 36 55 Register of notices given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 17 Omission of ss 56–58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 18 Replacement of section 59 (Disposal of building material and recovery of costs by local government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 59 Action local government may take if enforcement notice not complied with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 19 Replacement of ss 61–63B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 6B—ACCREDITING BODIES AND BUILDING CERTIFIERS Division 1—Accreditation 63C Authorisation of accrediting bodies . . . . . . . . . . . . . . . . . . . . . . . . . . 37

3 Building and Integrated Planning Amendment No. 13, 1998 63D Function of accrediting bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 63E Persons must not practice as building certifiers without accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 2—Jurisdiction 63F Jurisdiction of building certifiers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 3—Auditing building certifiers 63G Accrediting body must audit building certifier’s work . . . . . . . . . . . 40 Division 4—Complaints 63H Making a complaint against a building certifier . . . . . . . . . . . . . . . . 40 63I Building certifier must be advised of complaint . . . . . . . . . . . . . . . . 41 63J Accrediting body must investigate complaint . . . . . . . . . . . . . . . . . . 41 Division 5—Investigations 63K Accrediting body may require documents to be produced . . . . . . . . 42 63L Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 63M Power to enter and inspect building . . . . . . . . . . . . . . . . . . . . . . . . . . 42 63N Cooperating with investigation or audit . . . . . . . . . . . . . . . . . . . . . . . 43 63O Decision after investigation or audit completed . . . . . . . . . . . . . . . . 43 63P Accrediting body’s decision may be appealed . . . . . . . . . . . . . . . . . 44 Division 6—Chief executive and court powers 63Q Chief executive may investigate building certifier . . . . . . . . . . . . . . 45 63R Chief executive’s decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 63S Appeal to the court against the chief executive’s decision . . . . . . . 45 63T Court may make certain disciplinary findings . . . . . . . . . . . . . . . . . . 46 20 Replacement of ss 64–64D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 64 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 64A Giving security in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 64B Information to be supplied by the State . . . . . . . . . . . . . . . . . . . . . . . 48 21 Amendment of s 64E (Owner liable for offences under Standard Building Law) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 22 Amendment of s 65 (Prosecution of offences) . . . . . . . . . . . . . . . . . . . . . . . 49 23 Omission of ss 66A and 66B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 24 Amendment of s 67 (Regulation making power) . . . . . . . . . . . . . . . . . . . . . 49

4 Building and Integrated Planning Amendment No. 13, 1998 25 Insertion of new s 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 68 Day when Standard Building Regulation was made for Statutory Instruments Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 26 Amendment of s 76 (Swimming pool fencing compliance—hardship) . . . . 50 27 Replacement of s 78 (References to Standard Building By-laws 1991 etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 78 References to Standard Building Law etc. . . . . . . . . . . . . . . . . . . . . 50 28 Insertion of new ss 79–82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 79 Existing referees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 80 Existing registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 81 Lawfully constructed buildings and structures protected . . . . . . . . . 51 82 Lawfully constructed swimming pool fences protected . . . . . . . . . . 51 83 Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 51 PART 3—BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991 29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 30 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 31 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 32 Amendment of s 74 (Liability for levy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 33 Amendment of s 75 (When levy is payable) . . . . . . . . . . . . . . . . . . . . . . . . . 53 34 Amendment of s 77 (Duty of local government to sight approved form) . . 53 PART 4—AMENDMENT OF ENVIRONMENTAL PROTECTION ACT 1994 35 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 36 Amendment of s 37 (Duty to notify environment harm) . . . . . . . . . . . . . . . . 54 37 Replacement of ch 3, pt 4 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PART 4—ENVIRONMENTAL AUTHORITIES FOR ENVIRONMENTALLY RELEVANT ACTIVITIES WITHOUT DEVELOPMENT APPROVALS Division 1A—Preliminary 40A Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 38 Amendment of s 41 (Application for environmental authority) . . . . . . . . . . 55 39 Amendment of s 45 (Grant of application for environmental authority) . . . 56 40 Amendment of s 49 (Amendment of licence on application of licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

5 Building and Integrated Planning Amendment No. 13, 1998 41 Amendment of s 51 (Procedure for amending licence) . . . . . . . . . . . . . . . . 56 42 Insertion of new ch 3, pts 4A and 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 PART 4A—ENVIRONMENTAL AUTHORITIES FOR LEVEL 1 ENVIRONMENTALLY RELEVANT ACTIVITIES WITH DEVELOPMENT APPROVALS Division 1—Preliminary 60F Application of pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 2—Licences Subdivision 1—Applications for, and grant of, licences 60G Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 60H Administering authority to decide application for licence . . . . . . . . 58 60I Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 60J Grant of application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 60K Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 60L Refusal of application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Subdivision 2—Suspension and cancellation of licences 60M Licence may be suspended or cancelled . . . . . . . . . . . . . . . . . . . . . . 60 60N Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . 61 Division 3—Level 1 approvals Subdivision 1—Applications for, and grant of, level 1 approvals 60O Application for level 1 approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 60P Administering authority to decide application . . . . . . . . . . . . . . . . . 63 60Q Criteria for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 60R Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 60S Conditions of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 60T Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Subdivision 2—Suspension and cancellation of level 1 approvals 60U Level 1 approval may be suspended or cancelled . . . . . . . . . . . . . . 64 60V Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . 65 Division 4—Dealings with environmental authorities 60W Definition for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 60X Notice of disposal by authority holder . . . . . . . . . . . . . . . . . . . . . . . . 67

6 Building and Integrated Planning Amendment No. 13, 1998 60Y Notice of ceasing to carry out activity under environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 PART 4B—DEVELOPMENT APPROVALS FOR CERTAIN ENVIRONMENTALLY RELEVANT ACTIVITIES Division 1—Preliminary 60Z Application of pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 2—Assessing development applications 60ZA Assessing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 60ZB Conditions of development approval . . . . . . . . . . . . . . . . . . . . . . . . . 69 Division 3—Effect of issue of certain development approvals 60ZC Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 60ZD Cancellation of pt 4 environmental authority and issue of pt 4A environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 60ZE Issue of single environmental authority on issue of development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 4—Offences 60ZF Offence to contravene development condition . . . . . . . . . . . . . . . . . 71 43 Replacement of ch 3, pt 4, div 5 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 PART 4C—GENERAL PROVISIONS ABOUT ENVIRONMENTALLY RELEVANT ACTIVITIES 44 Amendment of s 61 (Single applications and environmental authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 45 Amendment of s 68 (Annual licence fee and return) . . . . . . . . . . . . . . . . . . 72 46 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 70A Material change of use for Integrated Planning Act . . . . . . . . . . . . . 73 47 Amendment of s 72 (When environmental audit required) . . . . . . . . . . . . . 73 48 Amendment of s 76 (Administering authority to consider and act on environmental reports) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 49 Amendment of s 82 (Administering authority may require draft program) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 50 Amendment of s 89 (Criteria for deciding draft program) . . . . . . . . . . . . . . 75 51 Amendment of s 97 (Effect of compliance with program) . . . . . . . . . . . . . . 75 52 Amendment of s 109 (When order may be issued) . . . . . . . . . . . . . . . . . . . . 75 53 Amendment of s 119 (Unlawful environmental harm) . . . . . . . . . . . . . . . . . 75

7 Building and Integrated Planning Amendment No. 13, 1998 54 Amendment of s 127 (Offence of interfering with monitoring equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 55 Amendment of s 135 (Entry of place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 56 Amendment of s 146 (Power to require production of documents) . . . . . . . 76 57 Amendment of s 162 (Failure to help authorised person—emergency) . . . 76 58 Amendment of s 163 (Failure to help authorised person—other cases) . . . 77 59 Insertion of new s 193A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 193A Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 60 Insertion of new pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 PART 4A—ENFORCEMENT ORDERS 195A Proceeding for orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 195B Proceeding brought in a representative capacity . . . . . . . . . . . . . . . 78 195C Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 195D Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 195E Effect of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 195F Court’s powers about orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 195G Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . . . . . 80 61 Amendment of s 196 (Devolution of powers) . . . . . . . . . . . . . . . . . . . . . . . . 80 62 Amendment of s 213 (Register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 63 Amendment of s 220 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 81 64 Amendment of sch 1 (Original decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 65 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 PART 5—AMENDMENT OF ENVIRONMENTAL AND OTHER LEGISLATION AMENDMENT ACT 1997 66 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 67 Amendment of 39 (Amendment of sch 4 (Dictionary)) . . . . . . . . . . . . . . . . 84 PART 6—AMENDMENT OF INTEGRATED PLANNING ACT 1997 68 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 69 Amendment of s 1.3.5 (Definitions for terms used in “development”) . . . . 84 70 Amendment of s 2.2.18 (Local government’s actions after receiving reviewer’s report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 71 Amendment of s 2.2.22 (Reviewers not liable for performing functions under review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

8 Building and Integrated Planning Amendment No. 13, 1998 72 Amendment of s 2.4.1 (Meaning of “State planning policy”) . . . . . . . . . . . 85 73 Amendment of s 2.6.18 (Repealing designations) . . . . . . . . . . . . . . . . . . . . . 85 74 Amendment of s 2.6.19 (Request to acquire designated land under hardship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 75 Amendment of s 2.6.23 (If the designator does not act under the notice) . . 86 76 Amendment of s 3.1.2 (Development under this Act) . . . . . . . . . . . . . . . . . . 86 77 Amendment of s 3.1.3 (Code and impact assessment for assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 78 Amendment of s 3.1.4 (When is a development permit necessary) . . . . . . 87 79 Amendment of s 3.1.6 (Preliminary approval may override local planning instrument) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 80 Amendment of s 3.1.7 (Assessment manager) . . . . . . . . . . . . . . . . . . . . . . . . 88 81 Amendment of s 3.2.1 (Applying for development approval) . . . . . . . . . . . . 88 82 Amendment of s 3.2.2 (Approved material change of use required for certain developments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 83 Amendment of s 3.2.3 (Acknowledgment notices generally) . . . . . . . . . . . . 88 84 Amendment of s 3.2.6 (Acknowledgment notices if there are referral agencies or referral coordination is required) . . . . . . . . . . . . . . . . . . 89 85 Amendment of s 3.2.10 (Notification stage does not apply to some changed applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 86 Amendment of s 3.2.11 (Withdrawing an application) . . . . . . . . . . . . . . . . . 89 87 Amendment of s 3.2.12 (Applications lapse in certain circumstances) . . . 90 88 Amendment of s 3.2.14 (Service provider notice for reconfiguring a lot) . . 90 89 Amendment of s 3.3.3 (Applicant gives material to referral agency) . . . . . 90 90 Amendment of s 3.3.6 (Information requests to applicant (generally) . . . . 90 91 Replacement of s 3.3.7 (Information requests to applicant (referral coordination) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 3.3.7 Information requests to applicant (referral coordination) . . . . . . . . . 91 92 Amendment of s 3.3.15 (Referral agency assesses application) . . . . . . . . . 92 93 Amendment of s 3.3.16 (Referral agency’s response) . . . . . . . . . . . . . . . . . . 92 94 Amendment of s 3.3.20 (When does information and referral stage end) . . 92 95 Amendment of s 3.4.4 (Public notice of applications to be given) . . . . . . . 92 96 Amendment of s 3.4.9 (Making submissions) . . . . . . . . . . . . . . . . . . . . . . . . 93 97 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 98 Amendment of s 3.5.5 (Impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . 93

9 Building and Integrated Planning Amendment No. 13, 1998 99 Amendment of s 3.5.11 (Decision generally) . . . . . . . . . . . . . . . . . . . . . . . . 94 100 Amendment of s 3.5.13 (Decision if application requires code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 101 Amendment of s 3.5.14 (Decision if application requires impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 102 Amendment of s 3.5.15 (Decision notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 103 Amendment of s 3.5.17 (Changing conditions during the applicant’s appeal period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 104 Amendment of s 3.5.18 (Applicant may suspend applicant’s appeal period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 105 Amendment s 3.5.19 (When approval takes effect) . . . . . . . . . . . . . . . . . . . 96 106 Replacement of s 3.5.20 (When development may start) . . . . . . . . . . . . . . 96 3.5.20 When development may start . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 107 Amendment of s 3.5.21 (When approval lapses) . . . . . . . . . . . . . . . . . . . . . . 96 108 Amendment of s 3.5.22 (Request to extend currency period) . . . . . . . . . . . 97 109 Amendment of s 3.5.26 (Request to cancel development approval) . . . . . . 97 110 Amendment of s 3.5.32 (Conditions that cannot be imposed) . . . . . . . . . . . 98 111 Amendment of s 3.6.2 (Notice of direction) . . . . . . . . . . . . . . . . . . . . . . . . . 98 112 Amendment of s 3.7.2 (Plan for reconfiguring under development permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 113 Insertion of new s 3.7.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 3.7.8. Application of pt 7 to acquisitions for public purposes . . . . . . . . . . . 99 114 Amendment of s 4.1.21 (Court may make declarations) . . . . . . . . . . . . . . . 99 115 Amendment of s 4.1.23 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 116 Amendment of s 4.1.33 (Stay of operation of enforcement notice) . . . . . . 100 117 Omission of s 4.1.36 (Appeals against disqualification as a private certifier) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 118 Amendment of s 4.2.1 (Establishing building and development tribunals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 119 Amendment of s 4.2.2 (Consultation about multiple members tribunals) . 101 120 Amendment of s 4.2.4 (Referee with conflict of interest not to be member of tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 121 Amendment of s 4.2.7 (Jurisdiction of tribunals) . . . . . . . . . . . . . . . . . . . . . 102 122 Amendment of s 4.2.10 (Appeal by advice agency) . . . . . . . . . . . . . . . . . . 102 123 Amendment of s 4.2.14 (Stay of operation of enforcement notice) . . . . . . 102

10 Building and Integrated Planning Amendment No. 13, 1998 124 Replacement of s 4.2.33 (Matters the tribunal may consider in making a decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 4.2.33 Matters the tribunal may consider in making a decision . . . . . . . . 103 125 Amendment of s 4.2.34 (Appeal decision) . . . . . . . . . . . . . . . . . . . . . . . . . . 103 126 Insertion of new s 4.2.35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 4.2.35A Notice of compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 127 Amendment of s 4.2.36 (Appointment of referees) . . . . . . . . . . . . . . . . . . . 104 128 Amendment of s 4.2.37 (Qualification of referees) . . . . . . . . . . . . . . . . . . . 104 129 Replacement of section 4.2.38 (Term of referee’s appointment) . . . . . . . . 104 4.2.38 Term of referee’s appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 130 Amendment of s 4.2.39 (Referee to make declaration) . . . . . . . . . . . . . . . 105 131 Insertion of new s 4.3.2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 4.3.2A Certain assessable development must comply with codes . . . . . . . 105 132 Amendment of s 4.3.3 (Compliance with development approval) . . . . . . . 106 133 Amendment of s 4.3.5 (Carrying on unlawful use of premises) . . . . . . . . . 106 134 Amendment of s 4.3.8 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . 106 135 Amendment of s 4.3.11 (Giving enforcement notice) . . . . . . . . . . . . . . . . . 106 136 Amendment of s 4.3.18 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . 107 137 Amendment of s 4.3.22 (Proceedings for orders) . . . . . . . . . . . . . . . . . . . . . 107 138 Amendment of s 4.4.7 (Application of div 3) . . . . . . . . . . . . . . . . . . . . . . . 108 139 Amendment of s 5.1.17 (Local government to consider all submission) . . 108 140 Amendment of s 5.2.2 (Agreements may be entered into about infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 141 Amendment of s 5.3.3 (What is a private certifier) . . . . . . . . . . . . . . . . . . 108 142 Amendment of s 5.3.4 (Application must not be inconsistent with earlier approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 143 Replacement of ss 5.3.5–5.3.7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 5.3.5 Private certifier may decide certain development applications and inspect and certify certain works . . . . . . . . . . . . . 109 5.3.6 Private certifier may act as assessing authority in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 5.3.7 Entities (including local governments) may undertake private certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 144 Omission of s 5.3.14 (Minister or accrediting body may disqualify a private certifier) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111

11 Building and Integrated Planning Amendment No. 13, 1998 145 Amendment of s 5.4.5 (Compensation for erroneous planning and development certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 146 Amendment of s 5.7.1 (Meaning of “available for inspection and purchase”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 147 Amendment of s 5.7.2 (Documents local government must keep available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 148 Amendment of s 5.7.4 (Documents assessment manager must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . . . . 112 149 Amendment of s 5.7.5 (Documents assessment manager must keep available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 150 Amendment of s 5.7.6 (Documents department must keep available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 151 Replacement of s 5.7.7 (Documents department must keep available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 5.7.7 Documents chief executive must keep available for inspection only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 152 Amendment of s 5.8.3 (Application of State Development and Public Works Organization Act 1971) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 153 Amendment of s 6.1.1 (Definitions for pt 1) . . . . . . . . . . . . . . . . . . . . . . . . 114 154 Amendment of s 6.1.2 (Continuing effect of former planning scheme) . . . 116 155 Amendment of s 6.1.3 (What are transitional planning schemes) . . . . . . . 116 156 Amendment s 6.1.4 (Transitional planning schemes for local government areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 157 Amendment of s 6.1.10 (Preparation of amendments to planning schemes under repealed Act may continue) . . . . . . . . . . . . . . . . . . . . . . . . 116 158 Amendment of s 6.1.13 (Continuing effect of local planning policies) . . . 117 159 Amendment of 6.1.17 (Amending transitional planning scheme policies for consistency with ch 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 160 Amendment of s 6.1.20 (Planning scheme policies for infrastructure) . . . 117 161 Amendment of s 6.1.23 (Continuing effect of approvals issued before commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 162 Amendment of s 6.1.25 (Effect of commencement on certain applications in progress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 163 Amendment of s 6.1.26 (Effect of commencement on other applications in progress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 164 Amendment of s 6.1.28 (IDAS must be used for processing applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 165 Amendment of s 6.1.29 (Assessing applications) . . . . . . . . . . . . . . . . . . . . 120

12 Building and Integrated Planning Amendment No. 13, 1998 166 Amendment of s 6.1.30 (Deciding applications) . . . . . . . . . . . . . . . . . . . . . 120 167 Amendment of s 6.1.31 (Conditions about infrastructure for applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 168 Amendment of s 6.1.34 (Consequential amendment of transitional planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 169 Insertion of new ss 6.1.35A–6.1.35C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 6.1.35A Applications to change conditions of rezoning approvals under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 6.1.35B Development approvals prevail over conditions of rezoning approvals under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 6.1.35C Applications requiring referral coordination . . . . . . . . . . . . . . . . . 122 170 Amendment of s 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 171 Insertion of new s 6.1.45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 6.1.45A Development control plans under repealed Act . . . . . . . . . . . . . . 123 172 Amendment of s 6.1.50 (Right to compensation continued) . . . . . . . . . . . 124 173 Amendment of s 6.1.51 (Orders in council about Crown land under repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 174 Insertion of new s 6.1.53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 6.1.53 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 175 Amendment of sch 1 (Process for making or amending planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 176 Amendment of sch 4 (Process for making or amending State planning policies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 177 Amendment of sch 5 (Community infrastructure) . . . . . . . . . . . . . . . . . . . . 126 178 Amendment of sch 8 (Assessable, self-assessable and exempt development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 179 Amendment of sch 9 (Consequential amendments) . . . . . . . . . . . . . . . . . . 128 180 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 181 Amendments for referral coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 182 Amendment for “transitional development applications” . . . . . . . . . . . . . 131

13 Building and Integrated Planning Amendment No. 13, 1998 PART 7—AMENDMENT OF LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT) ACT 1990 183 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 184 Amendment of s 3.5 (Compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 PART 8—QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 185 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 186 Omission of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 187 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 188 Amendment of s 18 (Role of the General Manager) . . . . . . . . . . . . . . . . . 133 189 Amendment of s 68 (Payment of insurance premium) . . . . . . . . . . . . . . . . 133 190 Amendment of s 108 (Obligation of local authority) . . . . . . . . . . . . . . . . . 134 PART 9—CONSEQUENTIAL AMENDMENTS 191 Consequential amendments—schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 135 CONSEQUENTIAL AMENDMENTS BEACH PROTECTION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 BODY CORPORATE AND COMMUNITY MANAGEMENTACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 CENTURY ZINC PROJECT ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 COASTAL PROTECTION AND MANAGEMENT ACT 1995 . . . . . . . . . 136 CREMATION ACT 1913 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 FIRE AND RESCUE AUTHORITY ACT 1990 . . . . . . . . . . . . . . . . . . . . . 137 INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . 138 LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 LOCAL GOVERNMENT (CHINATOWN AND THE VALLEYMALLS) ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 NATIONAL TRUST OF QUEENSLAND ACT 1963 . . . . . . . . . . . . . . . . . 141 NATURE CONSERVATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . 142 SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . 143

14 Building and Integrated Planning Amendment No. 13, 1998 TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . 144 TRANSPORT OPERATIONS (PASSENGER TRANSPORT)ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 WET TROPICS WORLD HERITAGE PROTECTION ANDMANAGEMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145

Queensland Building and Integrated Planning Amendment Act 1998 Act No. 13 of 1998 An Act to amend the Building Act 1975, the Integrated Planning Act1997 and other Acts [Assented to 23 March 1998]

s 1 16 s 4 Building and Integrated Planning Amendment No. 13, 1998 The Parliament of Queensland enacts— PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Building and Integrated Planning Amendment Act 1998 . ˙ Commencement 2.(1) Part 5 commences immediately before the commencement of the Environmental and Other Legislation Amendment Act 1997 , section 6. (2) Part 7 commences on the day of assent. (3) The remaining provisions commence on a day to be fixed by proclamation. PART 2—AMENDMENT OF BUILDING ACT 1975 ˙ Act amended 3. This part amends the Building Act 1975 . ˙ Amendment of title 4. Title, ‘for local governments’ to ‘structures, and’— omit, insert— ‘about the erection of buildings and other structures, to provide for building certifying, and’.

s 5 17 s 9 Building and Integrated Planning Amendment No. 13, 1998 ˙ Amendment of s 1 (Citation) 5. Section 1, heading— omit, insert — ‘ Short title ’. ˙ Omission of s 2 (Commencement of Act) 6. Section 2— omit. ˙ Replacement of s 4 7. Section 4— omit, insert — ˙ ‘ Act binds all persons ‘ 4.(1) This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. ‘ (2) Nothing in this Act makes the State liable to be prosecuted for an offence.’. ˙ Omission of s 4A (Use of Crown buildings in emergency) 8. Section 4A— omit . ˙ Replacement of s 5 (Interpretation) 9. Section 5— omit, insert —

s 9 18 s 9 Building and Integrated Planning Amendment No. 13, 1998 ˙ ‘ Definitions ‘ 5.(1) In this Act— “accrediting auditor” see section 63K. “accrediting body” means a body authorised under a regulation under section 63C to be an accrediting body for accrediting building certifiers. “approved form” means a form approved under section 64. “assessment manager” has the meaning given by the Integrated PlanningAct 1997 , section 3.1.7. 1 “build” includes— (a) starting or continuing to build; and (b) doing, or starting or continuing to do, work in the course of or for building; and (c) performing structural work or altering or adding to a building; and (d) moving a building from 1 position to a different position (whether on the same allotment, another allotment or partly on the same and partly on another allotment). “building” means a fixed structure that is wholly or partly enclosed by walls and is roofed, and includes a floating building and any part of a building. “building certifier” means an individual accredited as a building certifier by an accreditation body. “Building Code of Australia” means the edition, current at the relevant time, of the BuildingCode of Australia (including the Queensland 1 Section 3.1.7 (Assessment manager)— 3.1.7.(1) The “assessment manager” , for an application, is— (a) if the development is wholly within a local government’s area—the local government, unless a different entity is prescribed under a regulation; or (b) if paragraph (a) does not apply— (i) the entity prescribed under a regulation; or (ii)if no entity has been prescribed—the entity decided by the Minister. (2) The assessment manager administers the application.

s 9 19 s 9 Building and Integrated Planning Amendment No. 13, 1998 Appendix) published by the body known as the Australian Building Codes Board and includes the edition as amended from time to time by amendments published by the board. “building work” has the meaning given by the Integrated Planning Act1997 , section 1.3.5. 2 “complaint” means a complaint about a building certifier made under part 6B. “court” means the Planning and Environment Court. “disciplinary finding” means a finding of professional misconduct. “dividing fence” has the meaning given by the Dividing Fences Act 1953 . “enforcement notice” see section 50(1). “indoor swimming pool” means a swimming pool— (a) wholly enclosed by the walls of a building; or (b) on a building. “local government” means the local government for the local government area where the building work or other work is proposed. “outdoor swimming pool” means a swimming pool other than an indoor swimming pool. “owner” , of a building or structure, means— (a) if the building or structure is subject to the IntegratedResortDevelopment Act 1987 or the Sanctuary Cove Resort Act 1985 — (i) for a single lot in the building or structure—the registered proprietor; or 2 Section 1.3.5 (Definitions for terms used in “development”)— “building work” means— (a) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building; or (b) excavating or filling— (i) for, or incidental to, the activities mentioned in paragraph (a); or (ii) that may adversely affect the stability of a building, whether on the land on which the building is situated or on adjoining land; or (c) supporting (whether vertically or laterally) land for activities mentioned in paragraph (a).

s 9 20 s 9 Building and Integrated Planning Amendment No. 13, 1998 (ii) for 2 or more lots in the building or structure—the primary thoroughfare body corporate; or (b) if the building or structure is subject to the MixedUseDevelopment Act 1993 — (i) for a single lot in the building or structure—the registered proprietor; or (ii) for 2 or more lots in the building or structure—the community body corporate; or (c) subject to paragraphs (a) and (b), if the building or structure is subject to the Building Units and Group Titles Act 1980 — (i) for a single lot in the building or structure—the registered proprietor; or (ii) for 2 or more lots in the building or structure—the body corporate; or (d) if the building or structure is, under the BodyCorporateandCommunity Management Act 1997, on scheme land for a single community titles scheme— (i) for a single lot in the building or structure—the registered proprietor; or (ii) for 2 or more lots in the building or structure—the body corporate for the scheme; or (e) if the building or structure is, under the BodyCorporateandCommunity Management Act 1997, on scheme land for 2 or more community titles schemes— (i) for a single lot in the building or structure—the registered proprietor; or (ii) for 2 or more lots in the building or structure—the body corporate for the community titles scheme that is a principal scheme; or (f) if the building or structure is part of a time-sharing scheme and the name and address of a person has been notified under the

s 9 21 s 9 Building and Integrated Planning Amendment No. 13, 1998 Local Government Act 1993 , section 715 3 —the person; or (g) if the building or structure is on land being bought from the State for an estate in fee simple under the Land Act 1994 —the buyer; or (h) if the building or structure is on land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994 —the trustees of the land; or (i) if paragraphs (a) to (h) do not apply—the person for the time being entitled to receive the rent for the building or structure or would be entitled to receive the rent for the building or structure if the building or structure were let to a tenant at a rent. “portable wading pool” means a pool that— (a) is capable of being filled with water to a depth of no more than 450 mm; and (b) has a volume of no more than 2 000 L; and (c) has no filtration system. “private certifier” has the meaning given by the Integrated Planning Act1997 , section 5.3.3. 4 “professional misconduct” includes conduct (whether by act or omission) when a building certifier— (a) seeks, accepts or agrees to accept a benefit (whether for the building certifier’s benefit or another person) as a reward or inducement to act other than under this Act; or (b) acts in a way contrary to a duty under this Act; or 3 Local Government Act 1993 , section 715 (Notice of time share scheme to local government) 4 Section 5.3.3 (What is a private certifier)— A “private certifier” is an individual who— (a) has the qualifications, necessary experience or accreditation prescribed under a regulation under this or another Act for a certifier for a stated code; and (b) undertakes work by contractual arrangements with clients, either as an individual or through an entity employing the individual.

s 9 22 s 9 Building and Integrated Planning Amendment No. 13, 1998 (c) falsely claims the building certifier has the qualifications, necessary experience or accreditation to be engaged as a building certifier; or (d) acts outside the scope of the building certifier’s powers; or (e) contravenes a code of conduct published by an accrediting body; or (f) acts negligently or incompetently in relation to the certifier’s practice. “residential land” means land on which a class 1 or 2 building, under the Standard Building Regulation, is constructed, or is to be constructed, and includes land— (a) adjacent to the land; and (b) in the same ownership as the land; and (c) used in association with the land. “revocation notice” see section 30S(3). “show cause notice” see section 50A. “Standard Building Regulation” means the regulation made under section 6(1). “structure” includes a wall or fence and anything fixed to or projecting from a building, wall, fence or other structure. “swimming pool” means an excavation or structure— (a) capable of being filled with water to a depth of 300 mm or more; and (b) capable of being used for swimming, bathing, wading, paddling or some other human aquatic activity; and (c) solely or principally used, or designed, manufactured or adapted to be solely or principally used, for the purposes mentioned in paragraph (b) despite its current use; and includes a spa pool, spa tub or similar thing (whether portable or fixed) and a wading pool (other than a portable wading pool), but does not include— (d) a fish pond or pool solely or principally used, or designed,

s 10 23 s 10 Building and Integrated Planning Amendment No. 13, 1998 manufactured or adapted to be solely or principally used, for ornamental purposes; or (e) a dam or tank solely or principally used, or designed, manufactured or adapted to be solely or principally used, for aquaculture, marine research or storage of water; or (f) a watercourse; or (g) a portable wading pool. “tourist resort complex” means a complex that operates as a single integrated facility providing all, or substantially all, the recreational and personal needs of guests resident at the complex and visitors at the complex. “tribunal” means a building and development tribunal established under the Integrated Planning Act 1997 , section 4.2.1. 5 “watercourse” means— (a) a canal, creek, river or stream in which water flows permanently or intermittently; or (b) an ocean, a lake or other collection of water (whether permanent or intermittent). “young child” means a child under the age of 5 years. (2) In this Act, a reference to building work is a reference to the aspect of building work assessed under the Integrated Planning Act 1997 against this Act.’. ˙ Replacement of pt 2 10. Part 2— omit, insert — ‘ PART 2—STANDARD BUILDING REGULATION 5 Section 4.2.1 (Establishing building and development tribunals)

s 10 24 s 10 Building and Integrated Planning Amendment No. 13, 1998 ˙ ‘ Standard Building Regulation ‘ 6.(1) A regulation (the “Standard Building Regulation” ) made under this Act may be made about the following— (a) building work, the certification of building work and the occupation of buildings; (b) matters relating to the accrediting of building certifiers. ‘ (2) In carrying out building work or in occupying a building a person must comply with the Standard Building Regulation even if a development permit given by an assessment manager is contrary to the StandardBuilding Regulation. ‘ (3) In this section— “Standard Building Regulation” includes any variation, exception or exemption to the Standard Building Regulation permitted by this Act. 6 ˙ ‘ Variation of how Standard Building Regulation may apply ‘ 7.(1) This section applies if building work is proposed to be carried out, is being carried out or has been carried out, and the building work will not, or does not, comply in all respects with the Standard Building Regulation. ‘ (2) A person may apply to the chief executive to vary how the StandardBuilding Regulation applies to the building work. ‘ (3) An application may not be made under this section if the StandardBuilding Regulation permits an assessment manager or private certifier to exercise discretion about the matter for which the variation is sought. ‘ (4) The application must be made in the approved form and be accompanied by the fee prescribed under a regulation. ‘ (5) If the application is about building work proposed to be carried out and for which a development application has been made under the Integrated Planning Act 1997 , the IDAS process under that Act— (a) stops on the day the application is received by the chief executive; and 6 Under the Acts Interpretation Act 1954 , section 7, reference to the Act includes reference to the Standard Building Regulation.

s 10 25 s 10 Building and Integrated Planning Amendment No. 13, 1998 (b) starts again the day the chief executive gives the applicant written notice under section 8(5). ˙ ‘ Deciding application to vary how Standard Building Regulation will apply ‘ 8.(1) If there is an assessment manager or a private certifier for the building work, the chief executive must consult with the assessment manager or the private certifier about the application before deciding it. ‘ (2) The chief executive may consult with any other person about the application before deciding it. ‘ (3) After considering the application, the chief executive must decide to— (a) vary how the Standard Building Regulation applies to the building work; or (b) refuse to vary how the Standard Building Regulation applies to the building work. ‘ (4) The chief executive must decide the application within 20 business days after the application is made. ‘ (5) The chief executive must, within 5 business days after deciding the application, give written notice of the decision to— (a) the applicant; and (b) if there is an assessment manager or private certifier for the building work—the assessment manager or private certifier. ‘ (6) Subsection (1) does not apply to building work carried out by or on behalf of the State. ˙ ‘ Fast-track decisions ‘ 9.(1) The applicant, may, in the application, ask the chief executive to decide the application within 2 business days after making the application. ‘ (2) A request made under subsection (1) must be accompanied by the fee prescribed under a regulation. ‘ (3) The chief executive may grant or refuse the request.

s 10 26 s 10 Building and Integrated Planning Amendment No. 13, 1998 ‘ (4) If the chief executive grants the request, the chief executive may, as a condition of granting the request, require the applicant to pay any reasonable additional costs that would be incurred by the chief executive in deciding the application within the 2 business days. ˙ ‘ Appeal from chief executive’s decision ‘ 10.(1) If the applicant is dissatisfied with the chief executive’s decision, the applicant may appeal to a tribunal against the decision under the Integrated Planning Act 1997 . ‘ (2) The appeal must be started within 20 business days after the day notice of the decision is given to the applicant. ˙ ‘ Effect of variation of Standard Building Regulation ‘ 11.(1) This section applies if the chief executive decides to vary how the Standard Building Regulation applies to the building work. ‘ (2) Subject to any appeal against the chief executive’s decision, the StandardBuildingRegulation, as varied by the decision, applies to the building work. ‘ (3) An assessment manager or private certifier must not refuse to approve an application for building work to which the chief executive’s decision relates merely on the ground that the building work does not comply with the Standard Building Regulation. ˙ ‘ How changes to Standard Building Regulation may affect certain building work to be carried out ‘ 12.(1) This section applies to building work if— (a) the lawful carrying out of the work starts before the StandardBuilding Regulation is amended; or (b) approval to carry out the work is given before the StandardBuildingRegulation is amended, but the work does not start before the amendment commences; or (c) application to carry out the work is made before the StandardBuilding Regulation is amended, but the application is not decided

s 10 27 s 10 Building and Integrated Planning Amendment No. 13, 1998 before the Standard Building Regulation is amended; or (d) planning for carrying out the work started before the StandardBuildingRegulation is amended and the person deciding the application is satisfied that to require the work to be replanned to conform with the StandardBuildingRegulation after the amendment would cause financial hardship to the person for whom the work is to be carried out having regard to the following— (i) the stage the planning has reached; (ii) the nature of the work; (iii) the means and circumstances of the person. ‘ (2) For subsection (1)— (a) the work is lawfully carried out if the work is carried out in accordance with the StandardBuildingRegulation in force immediately before the amendment; and (b) approval for the work may be given if the approval is given in accordance with the StandardBuildingRegulation in force immediately before the amendment. ‘ (3) For subsections (1) and (2), an amendment of the Standard BuildingRegulation includes an amendment of the Building Code of Australia. ˙ ‘ Alterations to safe existing work ‘ 13.(1) If an application for building work is for adding to or altering a building or other structure, the work must comply with the StandardBuildingRegulation in force at the time the application for the work is approved. ‘ (2) However, if the person approving the application is satisfied the general safety and structural standards of the building or structure would not be at risk if the addition or alteration were carried out in accordance with the Standard Building Regulation or a local law in force in a local government area at a particular time before the application was made, the person may approve that the work be carried out in accordance with the StandardBuilding Regulation or local law in force at that time.

s 11 28 s 12 Building and Integrated Planning Amendment No. 13, 1998 ˙ ‘ Alterations to unsafe existing work ‘ 14.(1) This section applies if an application for building work is for adding to or altering a building or other structure and the person approving the application is satisfied the building or structure is unsafe or structurally unsound. ‘ (2) The person approving the application may require, as a condition of approving the application, that all or part of the building or structure conform with the Standard Building Regulation in force— (a) at the time the application is approved; or (b) at a time as will ensure the building or structure is made safe and structurally sound.’. ˙ Omission of pts 3–4A 11. Parts 3 to 4A— omit . ˙ Replacement of pt 4B (Swimming pool fencing) 12. Part 4B— omit, insert — ‘ PART 4B—SWIMMING POOL FENCING ˙ ‘ Local law for fencing of swimming pools ‘ 30G.(1) This section applies if a local government has a local law requiring— (a) the construction of fencing around swimming pools; or (b) doors, windows and other openings giving access to swimming pools to comply with the local law. ‘ (2) The local law has effect only if the local law can reasonably be characterised as being directed to inhibiting young children from accessing swimming pools. ‘ (3) A local law is of no effect if the local law—

s 12 29 s 12 Building and Integrated Planning Amendment No. 13, 1998 (a) requires the construction of fencing around swimming pools on land used, or to be used, for a tourist resort complex and the land is specified under a regulation; or (b) allows the construction of fencing around outdoor swimming pools on residential land to a standard less effective than the standard required by section 30H. ˙ ‘ Outdoor swimming pools must be fenced ‘ 30H.(1) This section applies if an outdoor swimming pool is to be constructed or installed on, or is on, residential land. ‘ (2) Before the pool is intentionally filled by the owner with water to a depth of 300 mm or more, the owner of the land must construct around the pool, fencing that complies with the design, construction and performance standards (the “standards” ) prescribed under a regulation. Maximum penalty—165 penalty units. ‘ (3) The owner must— (a) keep the fencing in good condition; and (b) at all times, ensure the fencing complies with the standards applying at the time of construction. Maximum penalty—165 penalty units. ‘ (4) If the fencing no longer complies with the standards applying at the time of construction because the owner or occupier of adjoining land has constructed or placed something on the adjoining land, the owner of the land with the pool on it is not required to construct additional fencing or change existing fencing to comply with the standards. ˙ ‘ Application for exemption from fencing ‘ 30N.(1) An owner of residential land on which there is an outdoor swimming pool, or on which an outdoor swimming pool is to be constructed or installed, may apply to the local government for exemption from complying with section 30H(2). ‘ (2) The local government may grant the application only if it is satisfied it is unlikely a young child would gain access to the pool because of—

s 12 30 s 12 Building and Integrated Planning Amendment No. 13, 1998 (a) the physical nature or location of the land concerned; or (b) the design or construction of the pool or fencing; or (c) the location of the pool or fencing. ‘ (3) The local government may grant the application subject to the conditions the local government considers appropriate to inhibit young children accessing the pool. ‘ (4) If an application is made under this section, the local government must decide the application within 5 business days after the application is made. ‘ (5) As soon as practicable after making the decision, the local government must give the owner written notice of the decision. ‘ (6) The notice must state— (a) the reasons for the decision; and (b) the decision may be appealed to a tribunal under the IntegratedPlanning Act 1997 ; and (c) the appeal must be made with 20 business days after the day the owner receives the notice. ‘ (7) The owner of the land must comply with each condition attached to the exemption. Maximum penalty for subsection (7)—165 penalty units. ˙ ‘ Revocation of decisions or previous variations ‘ 30S.(1) This section applies if, in relation to fencing around an outdoor swimming pool on residential land, a local government has previously made a decision or given a variation and the local government is satisfied 1 or more of the following has happened— (a) the decision or variation was based on a false or misleading particular given by the owner of the land; (b) a significant change has happened so that reasonable provision no longer exists for inhibiting access by young children to the pool; (c) if the decision or variation was subject to conditions—the owner has contravened a condition.

s 12 31 s 12 Building and Integrated Planning Amendment No. 13, 1998 ‘ (2) The local government must give the owner a show cause notice inviting the owner to show cause why the decision or variation should not be revoked. ‘ (3) Subsection (2) applies only if the work the owner must do to comply with section 30H(2) is not of a minor nature. ‘ (4) After considering any representations made to it under the show cause notice, the local government may, by a further written notice (a “revocation notice” ) given to the owner, revoke the decision or variation previously given. ‘ (5) The revocation notice must specify— (a) what the owner must do to comply with section 30H(2); and (b) the day by which the work must be done. ‘ (6) The owner must comply with the revocation notice. Maximum penalty for subsection (6)—165 penalty units. ‘ (7) If the owner fails to perform the work required to be performed under the revocation notice, the failure is taken to be a failure mentioned in the Local Government Act 1993 , section 661. ‘ (8) In this section— “variation” means a variation given under section 30M as in force immediately before the commencement of the Building and IntegratedPlanning Amendment Act 1998 , part 2. 7 ˙ ‘ Advice as to compliance ‘ 30U.(1) The owner of residential land on which there is an outdoor swimming pool may make written application to the local government for written advice as to whether the fencing around the pool complies with section 30H(2). ‘ (2) If an application is made under subsection (1), the local government must— 7 Section 30M (Variations), was repealed by the Building and Integrated Planning Amendment Act 1998 .

s 12 32 s 12 Building and Integrated Planning Amendment No. 13, 1998 (a) decide if the fencing complies with section 30H(2); and (b) give the owner written notice of its decision within 10 business days after receiving the application. ‘ (3) If the local government decides the fencing does not comply with section 30H(2), the local government must— (a) include in the written notice given under subsection (2) the reasons why the fencing does not comply; and (b) advise the owner what must be done to make the fencing comply with section 30H(2). ‘ (4) The owner must comply with the notice. Maximum penalty—165 penalty units. ˙ ‘ Access to outdoor swimming pools must be kept secure ‘ 30V. The occupier of residential land on which there is an outdoor swimming pool must ensure that any gate or door giving access to the pool is kept securely closed at all times when the gate or door is not in use. Maximum penalty—165 penalty units. ˙ ‘ Apportionment of cost of constructing dividing fence ‘ 30W.(1) The cost of constructing, altering, repairing, replacing and maintaining an outdoor swimming pool fence consisting of the whole or part of a dividing fence is, to the extent it is attributable to work done to comply with section 30H(2), to be borne— (a) by the owner of the residential land on which the pool is constructed or installed; or (b) if the work or part of the work is done to comply with this part in relation to more than 1 parcel of residential land—equally by the owners of the parcels of land where the pools are constructed or installed. ‘ (2) Subsection (1) applies despite the Dividing Fences Act 1953 . ‘ (3) A local law mentioned in section 30G(1) does not limit the discretion of a Magistrates Court under the Dividing Fences Act 1953 .

s 13 33 s 15 Building and Integrated Planning Amendment No. 13, 1998 ˙ ‘ Appeals about swimming pool fencing ‘ 30X.(1) An owner of residential land on which there is an outdoor swimming pool who is dissatisfied with a decision, or the lack of a decision within the time stated for the giving of the decision, of the local government or a private certifier about a matter relating to the fencing around the pool may appeal to a tribunal under the Integrated Planning Act 1997 . ‘ (2) The appeal must be started within 20 business days after— (a) notice of the decision is given to the person; or (b) if a decision is not given within the time stated for the giving of the decision—the last day when the decision could have been made.’. ˙ Omission of pt 5 (Objections and appeals against local governments’ decisions) 13. Part 5— omit . ˙ Replacement of pt 6 heading (Regulatory powers of local government) 14. Part 6, heading— omit, insert — ‘ PART 6—SHOW CAUSE AND ENFORCEMENT NOTICES ’. ˙ Replacement of ss 50–54 15. Sections 50 to 54— omit, insert — ˙ ‘ Show cause notices ‘ 50A.(1) A notice (a “show cause notice” ) inviting the owner of a building or structure to show cause why an enforcement or revocation notice should not be given to the owner must—

s 15 34 s 15 Building and Integrated Planning Amendment No. 13, 1998 (a) be in writing; and (b) outline the facts and circumstances forming the basis for the belief that an enforcement or revocation notice should be given to the owner; and (c) state that representations may be made about the show cause notice; and (d) state how the representations may be made; and (e) state where the representations may be made or sent; and (f) state— (i) a day and time for making the representations; or (ii) a period within which the representations must be made. ‘ (2) The day or period stated in the notice must be, or must end, at least 20 business days after the notice is given. ˙ ‘ Enforcement notices ‘ 50.(1) A local government may give a notice (an “enforcement notice”) to the owner of a building or structure if the local government reasonably believes the building or structure— (a) was built before the commencement of this section without, or not in accordance with, the approval of the local government; or (b) is dangerous; or (c) is in a dilapidated condition; or (d) is unfit for use or occupation; or (e) is filthy, infected with disease or infested with vermin. ‘ (2) A local government may also give an enforcement notice to an owner who does not comply with a particular matter in this Act. ‘ (3) A private certifier may also give an enforcement notice under subsection (2) in relation to building work for which the private certifier is engaged to perform the functions of a private certifier. ‘ (4) However, before a person gives an enforcement notice under this

s 15 35 s 15 Building and Integrated Planning Amendment No. 13, 1998 Act to an owner, the person proposing to give the enforcement notice must give the owner a show cause notice. ‘ (5) Subsection (2) applies only if the matter, about which the person proposing to give the enforcement notice, is not of a dangerous or minor nature. ‘ (6) An enforcement notice given under this section is taken to be an enforcement notice given under the IntegratedPlanningAct1997 , section 4.3.11. 8 ˙ ‘ Specific requirements of enforcement notices ‘ 51.(1) Without limiting specific requirements an enforcement notice may impose, an enforcement notice may require a person to do any of the following— (a) to apply for a development permit under the Integrated PlanningAct 1997 ; (b) to do, or not to do, another act to ensure building work complies with the approval of the local government given before the commencement of this section; (c) to repair or rectify the building or structure; (d) to secure the building or structure (whether by a system of supports or in another way); (e) to fence off the building or structure to protect persons; (f) to cleanse, purify and disinfect the building or structure; (g) to demolish or remove the building or structure; (h) to comply with this Act for a particular matter. ‘ (2) However, a person may be required to demolish or remove the building or structure only if the local government reasonably believes it is not possible and practical to take steps to comply with subsection (1)(c) to (f). 8 Section 4.3.11 (Giving enforcement notice)

s 16 36 s 18 Building and Integrated Planning Amendment No. 13, 1998 ˙ ‘ Appeals against enforcement notices ‘ 52.(1) An owner who is given an enforcement notice under section 50 may appeal to a tribunal as if the appeal were an appeal under the IntegratedPlanning Act 1997 . ‘ (2) The appeal must be started within— (a) if the notice is given in relation to a dangerous building or structure—5 business days; or (b) if the notice is given for any other purpose—20 business days after the enforcement notice is given to the person.’. ˙ Replacement of s 55 (Register of notices given) 16. Section 55— omit, insert — ˙ ‘ Register of notices given ‘ 55.(1) Each local government must keep the register maintained under this section before the commencement of the Building and Integrated Planning Amendment Act 1998 open to inspection by the public. ‘ (2) A local government may remove from the register all entries and details relating to a notice when the requirements of the notice have been complied with.’. ˙ Omission of ss 56–58 17. Sections 56 to 58— omit . ˙ Replacement of section 59 (Disposal of building material and recovery of costs by local government) 18. Section 59— omit, insert —

s 19 37 s 19 Building and Integrated Planning Amendment No. 13, 1998 ˙ ‘ Action local government may take if enforcement notice not complied with ‘ 59. If an enforcement notice is given under section 50(1)(b) to (e) or (2) and the owner fails to perform the work required to be performed under the notice, the failure is taken to be a failure mentioned in the LocalGovernment Act 1993 , section 661.’. ˙ Replacement of ss 61–63B 19. Sections 61 to 63B— omit, insert — ‘ PART 6B—ACCREDITING BODIES AND BUILDING CERTIFIERS ‘ Division 1—Accreditation ˙ ‘ Authorisation of accrediting bodies ‘ 63C.(1) A regulation may authorise an incorporated or statutory body to be an accrediting body for accrediting building certifiers. ‘ (2) An incorporated or statutory body may not be authorised as an accrediting body unless the accrediting body has identifiable competence and expertise in accrediting building certifiers. ‘ (3) More than 1 incorporated or statutory body may be authorised as an accrediting body for accrediting building certifiers. ˙ ‘ Function of accrediting bodies ‘ 63D.(1) The function of an accrediting body is to accredit individuals as building certifiers. ‘ (2) For subsection (1), an accrediting body must— (a) maintain a code of conduct by which the performance of building certifiers may be measured and to which building certifiers must comply; and

s 19 38 s 19 Building and Integrated Planning Amendment No. 13, 1998 (b) maintain standards specifying the levels of accreditation available and the minimum qualifications and experience required for each level; and (c) have balanced stakeholder representation, including industry, local government and State government representation, on all its committees; and (d) monitor compliance by building certifiers with accreditation requirements and implement disciplinary mechanisms in cases of non-compliance; and (e) carry out audits of work by building certifiers; and (f) subject to section 63H(4), investigate all written complaints made to the accrediting body about alleged breaches by building certifiers of the code of conduct or this or another Act; and (g) review the accreditation of, and if necessary take disciplinary action against, building certifiers for proven unethical or incompetent conduct, non-compliance with accreditation requirements or failure to comply with the duties of a building certifier as prescribed under this or another Act; and (h) issue annual practice certificates that will ensure building certifiers have maintained compliance with accreditation requirements including renewal of the professional indemnity insurance cover and continuing professional development required by regulation; and (i) give the chief executive and local governments, at least once each year, a list of building certifiers and a summary of any disciplinary action taken; and (j) keep available for purchase by members of the public, on payment of a reasonable fee— (i) a list of building certifiers; and (ii) information about the accreditation history and status of each building certifier; and (iii) documented procedures for all accreditation body functions. ‘ (3) An accrediting body must not disclose unproved complaints against a building certifier.

s 19 39 s 19 Building and Integrated Planning Amendment No. 13, 1998 ˙ ‘ Persons must not practice as building certifiers without accreditation ‘ 63E. A person must not practice as a building certifier unless the person holds current accreditation as a building certifier. Maximum penalty—165 penalty units. ‘ Division 2—Jurisdiction ˙ ‘ Jurisdiction of building certifiers ‘ 63F.(1) This section applies only to the building work component of a development application. ‘ (2) In assessing or deciding a development application under the IntegratedPlanningAct1997 , section 5.3.5 9 , a building certifier must assess and decide 10 the application against— (a) this Act; 11 or (b) to the extent a local law is about the construction of fencing around swimming pools and is not inconsistent with this Act—the local law. 12 ‘ (3) If a building certifier is required under this Act to inspect work relating to a development application, the building certifier’s inspection of the work must be against this Act. ‘ (4) If a building certifier gives a show cause or enforcement notice under the Integrated Planning Act 1997 , the notice must relate to building work. ‘ (5) Nothing in this section prevents a building certifier who has the 9 Section 5.3.5 (Private certifier may decide certain development applications and inspect and certify certain work) 10 Under the Integrated Planning Act 1997 , section 5.3.4, the application must not be inconsistent with any earlier approval and under the Integrated Planning Act1997 , section 5.3.5(4), the application must not be decided until certain other assessments for the application are completed. 11 Under the Acts Interpretation Act 1954 , section 7, reference to this Act includes reference to the Standard Building Regulation. 12 See also the Integrated Planning Act 1997 , section 3.5.4 (Code assessment).

s 19 40 s 19 Building and Integrated Planning Amendment No. 13, 1998 qualifications, necessary experience or accreditation for assessing or deciding another aspect of a development application from assessing and deciding the other aspect. ‘ Division 3—Auditing building certifiers ˙ ‘ Accrediting body must audit building certifier’s work ‘ 63G.(1) For complying with its function under section 63D, an accrediting body must audit the work of a building certifier. ‘ (2) When an accrediting body takes action under subsection (1)— (a) the accrediting body has the same powers it would have if it took action under division 5; and (b) the building certifier must comply with the requirements of division 5 as if the requirements were made in relation to an action under division 5. ‘ (3) If the accrediting body detects professional misconduct while auditing the work of a building certifier, the accrediting body must undertake disciplinary procedures as if a complaint had been received about the professional misconduct. ‘ Division 4—Complaints ˙ ‘ Making a complaint against a building certifier ‘ 63H.(1) A person may make a complaint to the accrediting body about a building certifier if the person believes the building certifier is guilty of professional misconduct. ‘ (2) A complaint must— (a) be in writing; and (b) contain particulars of the allegations on which it is founded; and (c) be verified by statutory declaration.

s 19 41 s 19 Building and Integrated Planning Amendment No. 13, 1998 ‘ (3) The accrediting body may require the complainant to give further particulars of the complaint. ‘ (4) The accrediting body may dismiss any complaint without investigation if the further particulars are not given or if the complaint or the further particulars are not verified by statutory declaration. ˙ ‘ Building certifier must be advised of complaint ‘ 63I.(1) After receiving the complaint, the accrediting body must, by written notice— (a) inform the building certifier of the nature of the complaint; and (b) invite the building certifier to make, within the time stated in the notice, representations to the accrediting body about the complaint. ‘ (2) The time stated in the notice must be at least 5 business days after the notice is given. ‘ (3) The accrediting body must have regard to the representations when making its decision on the complaint. ˙ ‘ Accrediting body must investigate complaint ‘ 63J.(1) The accrediting body must conduct an investigation into the complaint as soon as practicable. ‘ (2) The accrediting body may deal with 1 or more complaints about a building certifier in the same investigation. ‘ (3) If during an investigation the accrediting body is satisfied there is matter about which another complaint could have been made against the building certifier, the accrediting body may deal with the matter in its investigation as if a complaint had been made about the matter.

s 19 42 s 19 Building and Integrated Planning Amendment No. 13, 1998 ‘ Division 5—Investigations ˙ ‘ Accrediting body may require documents to be produced ‘ 63K.(1) For investigating a complaint or conducting an audit, an accrediting body may, by written notice given to a building certifier, require the building certifier to produce a document to the accrediting body, or a person authorised by the accrediting body (an “accrediting auditor” ). ‘ (2) The notice may also state— (a) a time and place by which the document must be produced; or (b) that the document must be verified by statutory declaration. ‘ (3) The time for compliance stated in the notice must be a reasonable time. ˙ ‘ Inspection of documents ‘ 63L. An accrediting auditor may inspect any document produced to the accrediting body and copy it or any part of it. ˙ ‘ Power to enter and inspect building ‘ 63M.(1) For investigating a complaint or conducting an audit, an accrediting auditor may enter and inspect a building. ‘ (2) The entry and inspection must be— (a) made with the consent of the person in control of the building; or (b) authorised by warrant of a magistrate. ‘ (3) An accrediting auditor may apply to a magistrate for a warrant under this section for a particular building. ‘ (4) The application must be sworn and state the grounds on which it is sought. ‘ (5) If the magistrate requires further information about the grounds on which the warrant is sought, the magistrate must not issue the warrant unless the accrediting auditor or some other person has given the

s 19 43 s 19 Building and Integrated Planning Amendment No. 13, 1998 information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. ‘ (6) The magistrate may issue the warrant only if the magistrate is satisfied there is a proper reason for entering and inspecting the building. ‘ (7) The warrant must state— (a) that the accrediting auditor may, with necessary and reasonable help and force, enter and inspect the building; and (b) the hours of the day when entry may be made; and (c) the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect. ˙ ‘ Cooperating with investigation or audit ‘ 63N.(1) A building certifier who is being investigated or audited by the accrediting body must assist in and cooperate with the investigation or audit. ‘ (2) A building certifier is guilty of professional misconduct if the building certifier, without reasonable excuse— (a) fails to comply with subsection (1) or section 63K; or (b) misleads or obstructs an accrediting body in the exercise of any function under this division. ˙ ‘ Decision after investigation or audit completed ‘ 63O.(1) After investigating a complaint or conducting an audit, the accrediting body must— (a) decide whether or not the building certifier is guilty of professional misconduct; and (b) give the building certifier and the complainant (if any) written notice of the decision. ‘ (2) If the accrediting body decides the building certifier is guilty of professional misconduct, the accrediting body must, by written notice— (a) caution or reprimand the building certifier; or

s 19 44 s 19 Building and Integrated Planning Amendment No. 13, 1998 (b) impose the conditions it considers appropriate on the building certifier’s accreditation; or (c) direct the building certifier to complete the educational courses stated by the accrediting body; or (d) direct the building certifier to report on his or her practice as a building certifier at the times, in the way and to the persons stated by the accrediting body; or (e) suspend the building certifier’s accreditation for the term the accrediting body considers appropriate; or (f) cancel the building certifier’s accreditation; or (g) if the accrediting body is satisfied the building certifier is generally competent and diligent and that no other material complaints have been made against the building certifier—take no further action. ‘ (3) The notice given under subsection (1)(b) must also state— (a) the reasons for the decision; and (b) the decision may be appealed to the chief executive; and (c) the appeal must be made with 20 business days after the day the person receives the notice. ˙ ‘ Accrediting body’s decision may be appealed ‘ 63P.(1) If a building certifier or a complainant is dissatisfied with the accrediting body’s decision, the building certifier or the complainant may appeal to the chief executive against the decision. ‘ (2) The appeal must be made with 20 business days after the day the appellant receives notice of the decision. ‘ (3) If the building certifier appeals to the chief executive, the building certifier may apply to the court for a stay of the decision.

s 138 108 Building and Integrated Planning Amendment s 141 No. 13, 1998 ˙ Amendment of s 4.4.7 (Application of div 3) 138. Section 4.4.7, after ‘under’— insert — ‘or in relation to’. ˙ Amendment of s 5.1.17 (Local government to consider all submission) 139. Section 5.1.17, heading ‘submission’— omit, insert — ‘ submissions ’. ˙ Amendment of s 5.2.2 (Agreements may be entered into about infrastructure 140. Section 5.2.2(1)(b) to (d)— omit, insert — ‘(b) supplying a development infrastructure item to a different standard than the standard stated for the item in an infrastructure charges plan; or (c) supplying a development infrastructure item not identified in an infrastructure charges plan (whether or not an infrastructure charges plan has been prepared for the planning scheme); or (d) supplying infrastructure other than development infrastructure items for a development proposal.’. ˙ Amendment of s 5.3.3 (What is a private certifier) 141. Section 5.3.3(1)— omit, insert — ‘ 5.3.3.(1) A “private certifier” is an individual who— (a) has the qualifications, necessary experience or accreditation prescribed under a regulation under this or another Act for a certifier for a stated code; and

s 142 109 Building and Integrated Planning Amendment s 143 No. 13, 1998 (b) undertakes work by contractual arrangements with clients, either as an individual or through an entity employing the individual.’. ˙ Amendment of s 5.3.4 (Application must not be inconsistent with earlier approval) 142. Section 5.3.4, ‘must be’— omit, insert — ‘must’. ˙ Replacement of ss 5.3.5–5.3.7 143.(1) Sections 5.3.5 to 5.3.7— omit, insert — ˙ ‘ Private certifier may decide certain development applications and inspect and certify certain works ‘ 5.3.5.(1) For the types of development or works for which a private certifier has the qualifications, necessary experience or accreditation, the private certifier may receive, assess and decide development applications as if the private certifier were the assessment manager. ‘ (2) If a private certifier is engaged to assess and decide the application and this or another Act requires that the work be inspected, the private certifier must also be engaged to— (a) inspect that the work complies with the development permit authorising the work, any conditions of the permit and the code against which the work must be assessed; and (b) issue any certificate required by this or the other Act. ‘ (3) The private certifier must, when issuing the decision notice, include in the notice details of any other code the applicant may need to comply with in relation to the work to which the application relates. ‘ (4) However, the private certifier must not decide the application until all other assessments for the application (other than assessments against the Standard Sewerage Law or Standard Water Supply Law for premises

s 143 110 Building and Integrated Planning Amendment s 143 No. 13, 1998 within sewered areas declared under the Standard Sewerage Law) are completed. ‘ (5) If the private certifier receives the application before all other assessments are completed— (a) the certifier may start processing the application; and (b) for timings under IDAS, the application is taken not to have been received until the day all other assessments are completed. ‘ (6) If the private certifier approves the application, the private certifier must, within 5 business days after approving the application, give to the assessment manager a copy of— (a) the application; and (b) the decision notice, or the negotiated decision notice; and (c) any other documents prescribed under a regulation under this or another Act. ‘ (7) If the private certifier issues any certificate required by this or another Act, the private certifier must, within 5 business days after issuing the certificate, give a copy of the certificate to the assessment manager. ‘ (8) In this section— “other assessments” , for development, means assessment functions outside the private certifier’s powers. ˙ ‘ Private certifier may act as assessing authority in certain circumstances ‘ 5.3.6.(1) For chapter 4, part 3, divisions 2 and 3, a private certifier is taken to be an assessing authority in relation to the types of development or works for which the private certifier— (a) is qualified, has the necessary experience or is accredited; and (b) has been engaged to perform the functions of a private certifier under this part. ‘ (2) If a person fails to comply with an enforcement notice given by a private certifier under subsection (1), the private certifier must give the assessment manager written notice of the failure.

s 144 111 Building and Integrated Planning Amendment s 147 No. 13, 1998 ˙ ‘ Entities (including local governments) may undertake private certification ‘ 5.3.7.(1) An entity, including a local government, may undertake the work of a private certifier. ‘ (2) Subsection (1) applies only if the work is undertaken by an employee (who is a private certifier) of the entity.’. ˙ Omission of s 5.3.14 (Minister or accrediting body may disqualify a private certifier) 144. Section 5.3.14— omit . ˙ Amendment of s 5.4.5 (Compensation for erroneous planning and development certificates) 145. Section 5.4.5, heading ‘erronous’— omit, insert — ‘ erroneous ’. ˙ Amendment of s 5.7.1 (Meaning of “available for inspection and purchase”) 146.(1) Section 5.7.1(1)(d), ‘department’— omit, insert — ‘chief executive’. (2) Section 5.7.1(1)(e)— omit . ˙ Amendment of s 5.7.2 (Documents local government must keep available for inspection and purchase 147. Section 5.7.2(p) and (q)— omit, insert —

s 148 112 Building and Integrated Planning Amendment s 149 No. 13, 1998 ‘(p) each show cause notice and enforcement notice given by the local government under this Act or the Building Act 1975 ; (q) each show cause notice and enforcement notice a copy of which was given to the local government under this Act or the BuildingAct 1975 by an assessing authority or private certifier; (r) each enforcement order made by the court on the application of the local government. ‘ (2) The documents mentioned in subsection (1) may be contained in hard copy or electronic form in 1 or more registers kept for the purpose.’. ˙ Amendment of s 5.7.4 (Documents assessment manager must keep available for inspection and purchase) 148.(1) Section 5.7.4(b) to (p)— renumber as 5.7.4(c) to (g). (2) Section 5.7.4— insert — ‘(b) each decision notice and negotiated decision notice a copy of which was given to the assessment manager by a private certifier;’. (3) Section 5.7.4— insert — ‘ (2) The documents mentioned in subsection (1) may be contained in hard copy or electronic form in 1 or more registers kept for the purpose.’. ˙ Amendment of s 5.7.5 (Documents assessment manager must keep available for inspection only) 149.(1) Section 5.7.5(1)(b)— omit, insert — ‘(b) a register of all development applications— (i) made to the assessment manager; and

s 150 113 Building and Integrated Planning Amendment s 151 No. 13, 1998 (ii) copies of which were given to the assessment manager by a private certifier.’. (2) Section 5.7.5— insert — ‘ (4) The register may be in hard copy or electronic form.’. ˙ Amendment of s 5.7.6 (Documents department must keep available for inspection and purchase 150.(1) Section 5.7.6, heading, ‘department’— omit, insert — ‘ chief executive ’. (2) Section 5.7.6, ‘department’— omit, insert — ‘ chief executive ’. (3) Section 5.7.6(a) to (d)— omit . (4) Section 5.7.6(e) to (l)— renumber as 5.7.6(a) to (h). (5) Section 5.7.6— insert — ‘(i) each report prepared by the Minister under section 3.6.9(1).’. ˙ Replacement of s 5.7.7 (Documents department must keep available for inspection only) 151. Section 5.7.7— omit, insert —

s 152 114 Building and Integrated Planning Amendment s 153 No. 13, 1998 ˙ ‘ Documents chief executive must keep available for inspection only ‘ 5.7.7. The chief executive must keep the following available for inspection only— (a) an official copy of this Act and every regulation made under this Act and in force; (b) all current local government planning schemes (including all consolidated planning schemes); (c) all amendments of the planning schemes; (d) all current local government planning scheme policies; (e) any current temporary local planning instrument.’. ˙ Amendment of s 5.8.3 (Application of State Development and Public Works Organization Act 1971) 152. Section 5.8.3, ‘Coordinator General’— omit, insert — ‘Coordinator-General’. ˙ Amendment of s 6.1.1 (Definitions for pt 1) 153.(1) Section 6.1.1, definition “applicable codes”— omit, insert — ‘ “applicable codes” , for self-assessable development, means— (a) for development other than building work—the standards or requirements under a transitional planning scheme or interim development control provision applying to self-assessable development; or (b) for building work—the standards and requirements mentioned in paragraph (a) and the Standard Building Regulation.’. (2) Section 6.1.1, definition “assessable development”— omit, insert —

s 153 115 Building and Integrated Planning Amendment s 153 No. 13, 1998 ‘ “assessable development” means— (a) development specified in schedule 8, part 1 37 as assessable development; or (b) to the extent the following development is not inconsistent with schedule 8, part 1—development that, before the commencement of this section, would have required an application to be made— (i) for a continuing approval; or (ii) under section 4.3(1) 38 of the repealed Act.’. (3) Section 6.1.1, definition “former planning scheme”— omit, insert — ‘ “former planning scheme” means a planning scheme under the repealed Act and each town planning by-law and subdivision of land by-law mentioned in section 8.10(6) of the repealed Act in force immediately before the commencement of this section.’. (4) Section 6.1.1, definition “self-assessable development”— omit, insert — ‘ “self-assessable development” means— (a) development specified in schedule 8, part 2 39 as self-assessable development; and (b) to the extent the development is not inconsistent with schedule 8, part 2—development that, before the commencement of this section, would not have required an application to be made but would have required the development to comply with applicable codes.’. 37 Schedule 8 (Assessable, self-assessable and exempt development), part 1 (Assessable development) 38 Section 4.3 (Amendment of a planning scheme etc. by an applicant) 39 Schedule 8 (Assessable, self-assessable and exempt development), part 2 (Self-assessable development)

s 154 116 Building and Integrated Planning Amendment s 157 No. 13, 1998 ˙ Amendment of s 6.1.2 (Continuing effect of former planning scheme) 154. Section 6.1.2(2), ‘prevails.’— omit, insert — ‘prevails, unless this chapter states otherwise.’. ˙ Amendment of s 6.1.3 (What are transitional planning schemes) 155. Section 6.1.3(1) and (2), ‘area.’— omit, insert — ‘area, unless this chapter states otherwise.’. ˙ Amendment s 6.1.4 (Transitional planning schemes for local government areas) 156. Section 6.1.4— insert — ‘ (2) Subsection (1) has effect even though the transitional planning scheme may not— (a) advance the purpose of this Act; or (b) comply with section 2.1.3.’. ˙ Amendment of s 6.1.10 (Preparation of amendments to planning schemes under repealed Act may continue) 157.(1) Section 6.1.10(1), after ‘local government’— insert— ‘or the Minister’. (2) Section 6.1.10(1)(b), ‘continue’— omit, insert— ‘if the amendment was being prepared to enable the planning scheme to be converted to an IPA planning scheme—continue’.

s 158 117 Building and Integrated Planning Amendment s 160 No. 13, 1998 (3) Section 6.1.10(5)— omit, insert— ‘ (5) For subsection (1)— (a) a local government is taken to have been preparing an amendment of a planning scheme if the local government had made a resolution to amend the planning scheme; or (b) the Minister is taken to have been preparing an amendment of a planning scheme if the Minister had started to consider the matters specified in section 2.19 40 of the repealed Act.’. ˙ Amendment of s 6.1.13 (Continuing effect of local planning policies) 158. Section 6.1.13(2), ‘prevails.’— omit, insert — ‘prevails, unless this chapter states otherwise.’. ˙ Amendment of 6.1.17 (Amending transitional planning scheme policies for consistency with ch 3) 159. Section 6.1.17(2)(b), ‘resolution’— omit, insert — ‘proposed amendment’. ˙ Amendment of s 6.1.20 (Planning scheme policies for infrastructure) 160. Section 6.1.20(1)(b)— omit . (2) Section 6.1.20(1)(c)— renumber as (b). (3) Section 6.1.20(3)— renumber as (4). 40 Section 2.19 (Assessment of proposed planning scheme amendment)

s 161 118 Building and Integrated Planning Amendment s 163 No. 13, 1998 (4) Section 6.1.20— insert — ‘ (3) However, if the local government has an infrastructure charges plan, the planning scheme policy must not deal with the same matters as the infrastructure charges plan.’. ˙ Amendment of s 6.1.23 (Continuing effect of approvals issued before commencement) 161. Section 6.1.23(1)— insert — ‘(e) approvals (also “continuing approvals” ) issued under the BuildingAct1975 , in force immediately before the commencement of this section.’. ˙ Amendment of s 6.1.25 (Effect of commencement on certain applications in progress) 162. Section 6.1.25— insert — ‘ (2) If a request made before the commencement of this section was for the revocation of a town planning consent, processing of the request and all matters incidental to the processing must proceed as if the repealed Act had not been repealed.’. ˙ Amendment of s 6.1.26 (Effect of commencement on other applications in progress) 163. Section 6.1.26.(1)— omit, insert — ‘ 6.1.26.(1) This section applies to— (a) applications made before the commencement of this section

s 164 119 Building and Integrated Planning Amendment s 164 No. 13, 1998 under section 4.3(1), 41 section 4.6(1) 42 or section 4.9(1) 43 of the repealed Act; or (b) an equivalent application made before the commencement of this section under the Local Government Act 1936 or the City of Brisbane Town Planning Act 1964 ; or (c) an application made under section 4.15 44 of the repealed Act relating to the modification of— (i) an application mentioned in paragraph (a) or (b); or (ii) the approval of an application mentioned in paragraph (a) or (b); or (iii) conditions attaching to the approval of an application mentioned in paragraph (a) or (b).’. ˙ Amendment of s 6.1.28 (IDAS must be used for processing applications) 164. Section 6.1.28(2) and (3)— omit, insert — ‘ (2) If an application mentioned in subsection (1) were an application for the same development under the repealed Act and would have required public notification under the repealed Act— (a) the application must be processed as if it were a development application requiring impact assessment; and (b) a statement made under section 3.2.3(2)(d) on the acknowledgment notice that an aspect of the development applied for requires impact assessment is taken to mean that the application will be processed as if it were a development application requiring impact assessment. 41 Section 4.3 (Amendment of a planning scheme etc. by an applicant) 42 Section 4.6 (Application for rezoning of land in stages) 43 Section 4.9 (Subsequent staged rezoning approvals) 44 Section 4.15 (Modification of certain applications and approvals)

s 165 120 Building and Integrated Planning Amendment s 166 No. 13, 1998 ‘ (3) If an application mentioned in subsection (1) were an application for the same development under the repealed Act and would not have required public notification under the repealed Act— (a) the application must be processed as if it were a development application requiring code assessment; and (b) a statement made under section 3.2.3(2)(c) on the acknowledgment notice that an aspect of the development applied for requires code assessment is taken to mean that the application will be processed as if it were a development application requiring code assessment; and (c) despite section 3.2.3(2)(c), the acknowledgment notice need not refer to codes.’. ˙ Amendment of s 6.1.29 (Assessing applications) 165.(1) Section 6.1.29, heading— omit, insert — ‘ Assessing applications (other than against the Standard BuildingRegulation) ’. (2) Section 6.1.29(1), ‘the assessing aspects’— omit, insert — ‘the part of the assessing aspects’. (3) Section 6.1.29(3)(h)(iv), ‘sections’— omit, insert — ‘section’. ˙ Amendment of s 6.1.30 (Deciding applications) 166.(1) Section 6.1.30, heading— omit, insert —

s 167 121 Building and Integrated Planning Amendment s 168 No. 13, 1998 ‘ Deciding applications (other than under the Standard BuildingRegulation) ’. (2) Section 6.1.30(1), ‘when the assessment manager decides a’— omit, insert — ‘only for the part of the deciding aspects of a’. (3) Section 6.1.30(5)(b), ‘similarly’— omit, insert — ‘similar’. ˙ Amendment of s 6.1.31 (Conditions about infrastructure for applications) 167.(1) Section 6.1.31(1)(b)— omit, insert — ‘(b) the local government has— (i) a planning scheme policy of the type mentioned in section 6.1.20(1)(b); or (ii) a provision, that was included before the commencement of this section, in its planning scheme about monetary contributions for specified infrastructure.’. (2) Section 6.1.31(2), ‘For deciding the application’— omit, insert — ‘For deciding the aspect of the application relating to the planning scheme policy or planning scheme provision’. ˙ Amendment of s 6.1.34 (Consequential amendment of transitional planning schemes) 168. Section 6.1.34— insert — ‘ (3) If the local government makes the amendment, section 3.5.27 does not apply.’.

s 169 122 Building and Integrated Planning Amendment s 169 No. 13, 1998 ˙ Insertion of new ss 6.1.35A–6.1.35C 169. After section 6.1.35— insert — ˙ ‘ Applications to change conditions of rezoning approvals under repealed Act ‘ 6.1.35A.(1) This section applies if a person wants to change the conditions attached to an approval given under section 4.4(5) of the repealed Act before the commencement of this section and the person can not use the IDAS process to achieve the change. ‘ (2) A person may apply under section 4.3(1) of the repealed Act to amend the conditions. ‘ (3) If a person applies under subsection (2) the application must be processed by the local government as if the repealed Act had not been repealed. ‘ (4) This section expires 5 years after it commences. ˙ ‘ Development approvals prevail over conditions of rezoning approvals under repealed Act ‘ 6.1.35B. To the extent a development approval given under this Act conflicts with a condition of an approval given under section 4.4(5) of the repealed Act, the development approval prevails. ˙ ‘ Applications requiring referral coordination ‘ 6.1.35C.(1) Despite section 3.3.5, referral coordination is required for the following development applications— (a) applications for a material change of use for a designated development; (b) applications for a material change of use (other than for a dwelling house, outbuilding or farm building) on prescribed land or for the reconfiguration of a lot that is prescribed land. ‘ (2) Subsection (1) applies even if there are no concurrence agencies for the application.

s 170 123 Building and Integrated Planning Amendment s 171 No. 13, 1998 ‘ (3) In subsection (1)— “designated development” means a development mentioned in the LocalGovernment(PlanningandEnvironment)Regulation1991 , schedule 1, immediately before the repeal of the repealed Act. “prescribed land” means land located in, or having a common boundary with, an area referred to in the LocalGovernment(PlanningandEnvironment)Regulation1991 , schedule 2, immediately before the repeal of the repealed Act. ‘ (4) This section expires 1 year after it commences.’. ˙ Amendment of s 6.1.44 (Conditions may be changed or cancelled by assessment manager or concurrence agency in certain circumstances) 170. Section 6.1.44(1)(c) and (d)— omit, insert— ‘(c) the development is assessable development as defined for this part, and this Act generally; and (d) the other Act or local law is repealed or amended; and (e) if the Act or local law is amended— (i) the requirement for the licence, permit, registration or other approval is removed; or (ii) a condition of the licence, permit, registration or other approval that could have been imposed under the other Act or local law before the amendment may be imposed, under this Act, on the development approval.’. ˙ Insertion of new s 6.1.45A 171. After section 6.1.45— insert — ˙ ‘ Development control plans under repealed Act ‘ 6.1.45A.(1) This section applies to a development control plan made under the repealed Act that includes a process for making and approving

s 172 124 Building and Integrated Planning Amendment s 174 No. 13, 1998 plans (however named) with which development must comply in addition to, or instead of, the planning scheme. ‘ (2) To the extent the development control plan provides for the making and approval of the plans— (a) the development control plan is, and always has been, valid; and (b) development under the development control plan must comply with the plans in the way stated in the development control plan.’. ˙ Amendment of s 6.1.50 (Right to compensation continued) 172. Section 6.1.50— insert — ‘ (2) A claim in respect of a right mentioned in subsection (1) may be dealt with under section 3.5(1A) of the repealed Act as if the repealed Act had not been repealed.’. ˙ Amendment of s 6.1.51 (Orders in council about Crown land under repealed Act) 173. Section 6.1.51— insert — ‘ (3) Any development lawfully undertaken on premises to which an order in council mentioned in subsection (1) applied while the premises were owned by the State is and always has been lawful development and any use of the premises that is a natural and ordinary consequence of the development is a lawful use. ‘ (4) Subsection (3) applies even though the premises may no longer be owned by the State.’. ˙ Insertion of new s 6.1.53 174. In chapter 6, part 1, after section 6.1.52— insert—

s 175 125 Building and Integrated Planning Amendment s 175 No. 13, 1998 ˙ ‘ References to repealed Act ‘ 6.1.53. A reference in an Act or document to the LocalGovernment(Planning and Environment) Act 1990 may, if the context permits, be taken to be a reference to this Act.’. ˙ Amendment of sch 1 (Process for making or amending planning schemes) 175.(1) Schedule 1, section 2(1)— insert — ‘(d) the amendment is about a benchmark development sequence.’. (2) Schedule 1, section 2(2) ‘subsection (1)(a) or (b)’— omit, insert — ‘subsection (1)(a), (b) or (d)’. (3) Schedule 1, section 5(1)(b), ‘to’— omit, insert — ‘for’. (4) Schedule 1, section 12, heading, ‘and access of’— omit, insert — ‘ of, and access to, ’. (5) Schedule 1, section 16(2), ‘advertised’— omit, insert — ‘notified’. (6) Schedule 1, section 17(1), from ‘decides to’— omit, insert — ‘proceeds under section 16(1)(a) or (b).’.

s 176 126 Building and Integrated Planning Amendment s 178 No. 13, 1998 ˙ Amendment of sch 4 (Process for making or amending State planning policies) 176.(1) Schedule 4, section 1(3)(e), after ‘period’— insert — ‘(the “consultation period” )’. (2) Schedule 4, section 2(1), ‘section 1,’— omit, insert — ‘section 1, 45 ’. (3) Schedule 4, section 6, ‘3 to 5’— omit, insert — ‘1 and 3 to 5’. ˙ Amendment of sch 5 (Community infrastructure) 177.(1) Schedule 5, item 1(l), from ‘(other than’— omit . (2) Schedule 5(1), paragraph (j) (operating works under the ElectricityAct 1994 )— renumber as 5(1)(k). ˙ Amendment of sch 8 (Assessable, self-assessable and exempt development) 178.(1) Schedule 8, part 1, item 3— insert — ‘(u) if the reconfiguration of a lot is also assessable development—for the reconfiguration of the lot.’. 45 Section 1 need not be complied with if the proposal is for a State planning policy that is to have effect for less than 1 year or for a minor amendment of a State planning policy (see schedule 4, section 6).

s 178 127 Building and Integrated Planning Amendment s 178 No. 13, 1998 (2) Schedule 8, part 1, item 4(a), ‘subdivision;’— omit, insert— ‘subdivision that does not subdivide land on or below the surface of the land;’. (3) Schedule 8, part 1, item 4— insert — ‘(c) is in relation to the acquisition of land for a purpose set out in the Acquisition of Land Act 1967, schedule 2.’. (4) Schedule 8, part 1, item 5, ‘character,’— omit . (5) Schedule 8, part 1, item 6— omit, insert— ‘ 6. Development prescribed under a regulation under the EnvironmentalProtection Act 1994 for this section for carrying out an environmentally relevant activity under that Act.’. (6) Schedule 8, part 2, divisions 1 and 2 (headings)— omit . (7) Schedule 8, part 2, item 7— omit, insert — ‘ 7. All building work declared under the Standard Building Regulation to be self-assessable development.’. (8) Schedule 8, part 2, item 9— omit, insert — ‘ 9. All building work carried out by or on behalf of the State, a public sector entity or a local government, other than exempt development.’. (9) Schedule 8, part 3, item 11— omit, insert — ‘ 11. All building work declared under the Standard Building Regulation to be exempt development.’.

s 179 128 Building and Integrated Planning Amendment s 180 No. 13, 1998 (10) Schedule 8, part 3, item 15(a), ‘subdivision;’— omit, insert— ‘subdivision that does not subdivide land on or below the surface of the land;’. (11) Schedule 8, part 3, item 15— insert — ‘(c) is in relation to the acquisition of land for a purpose set out in the Acquisition of Land Act 1967, schedule 2.’. ˙ Amendment of sch 9 (Consequential amendments) 179.(1) Schedule 9, item 2, ‘After section 464’— omit, insert — ‘ In chapter 8, part 1, after section 464 ’. (2) Schedule 9, item 2, ‘464A.(1)’— omit, insert — ‘464AA.(1)’. ˙ Amendment of sch 10 (Dictionary) 180.(1) Schedule 10, definitions “accrediting body”, “assessable development”, “building”, “code”, “self-assessable development” and “transitional development application”— omit. (2) Schedule 10— insert — ‘ “accrediting body” means an incorporated or statutory body prescribed under a regulation to be an accrediting body for accrediting private certifiers. “applicable code” , for development, means a code that can reasonably be identified as applying to the development.

s 180 129 Building and Integrated Planning Amendment s 180 No. 13, 1998 “assessable development” means— (a) development specified in schedule 8, part 1; or (b) for a planning scheme area—development that is not specified in schedule 8, part 1 but is declared under the planning scheme for the area to be assessable development. “building” means a fixed structure that is wholly or partly enclosed by walls and is roofed, and includes a floating building and any part of a building. “code” means a document or part of a document identified as a code— (a) in a planning instrument; or (b) for IDAS in this Act or another Act; 46 or (c) in a preliminary approval. “development application (superseded planning scheme)” means— (a) for development that would not have required a development permit under a superseded planning scheme but requires a development permit under the planning scheme in force at the time the application is made, a development application— (i) in which the applicant advises that the applicant proposes to carry out development under the superseded planning scheme; and (ii) made only to a local government as assessment manager; and (iii) made within 2 years after the day the planning scheme or planning scheme policy creating the superseded planning scheme was adopted or the amendment creating the superseded planning scheme was adopted. (b) for any other development, a development application— (i) in which the applicant asks the assessment manager to assess the application under a superseded planning scheme; and 46 Under the Acts Interpretation Act 1954 , section 7, “Act” includes a reference to a statutory instrument made or in force under an Act.

s 181 130 Building and Integrated Planning Amendment s 181 No. 13, 1998 (ii) made only to a local government as assessment manager; and (iii) made within 2 years after the day the planning scheme or planning scheme policy creating the superseded planning scheme was adopted or the amendment creating the superseded planning scheme was adopted. “self-assessable development” means— (a) development specified in schedule 8, part 2; or (b) for a planning scheme area—development that is not specified in schedule 8, part 2 but is declared under the planning scheme for the area to be self-assessable development. “Standard Building Regulation” means the StandardBuildingRegulation 1993 .’. (3) Schedule 10, definition “agency’s referral day” ‘see section 3.3.1(1)(a), (b) and (c)’— omit, insert — ‘section 3.3.1(1)’. (4) Schedule 10, definition “principal submitter”, ‘about a development application’— omit . ˙ Amendments for referral coordination 181.(1) Sections 3.2.3(2)(f), 3.3.4(b), 3.3.5(2), 3.3.6(1) and 3.3.7(1), ‘the application requires referral coordination’— omit, insert — ‘referral coordination is required’. (2) Section 3.2.6.(2), ‘an application requires referral coordination’— omit, insert— ‘referral coordination is required’.

s 182 131 Building and Integrated Planning Amendment s 184 No. 13, 1998 ˙ Amendment for “transitional development applications” 182. Sections 3.2.1(5), 3.2.3(1), 3.2.5(1) and (3), 3.5.4(4), 3.5.5(4), 3.5.6(1), 3.5.21(2) to (5), 4.1.30(3), 4.1.52(3), 4.2.11(3), 5.4.2 and 5.4.9(1), ‘transitional development application’— omit, insert — ‘development application (superseded planning scheme)’. PART 7—AMENDMENT OF LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT) ACT 1990 ˙ Act amended 183. This part amends the LocalGovernment(PlanningandEnvironment) Act 1990 . ˙ Amendment of s 3.5 (Compensation) 184.(1) Section 3.5— insert — ‘ (1A) A claim for compensation arising under subsection (1)(a) may be satisfied, or partially satisfied, by the amendment of the planning scheme to remove or partially remove the provision, prohibition or restriction. ‘ (1B) Subsection (1A) applies to claims for compensation made before or after the commencement of this section.’. (2) Section 3.5(8), ‘subsections (2A)’— omit, insert — ‘subsections (1A), (2A)’. (3) Section 3.5(8)— insert — ‘(e) any removal, or partial removal, of the provision, prohibition or

s 185 132 Building and Integrated Planning Amendment s 187 No. 13, 1998 restriction mentioned in subsection (1)(a) by the amendment of the planning scheme before the claim being made is to be taken into account.’. (4) Section 3.5(11)(d), ‘subsection (2A)’— omit, insert — ‘subsection (1A) or (2A)’. PART 8—QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 ˙ Act amended 185. This part amends the Queensland Building Services Authority Act1991 . ˙ Omission of s 2 (Commencement) 186. Section 2— omit . ˙ Amendment of s 4 (Definitions) 187. Section 3— insert —

s 188 133 Building and Integrated Planning Amendment s 189 No. 13, 1998 ‘ “assessment manager” has the meaning given by the IntegratedPlanning Act 1997 . 47 ’. ˙ Amendment of s 18 (Role of the General Manager) 188.(1) Section 18(1)— insert — ‘(c) the power to carry out any function the General Manager is authorised by another Act to carry out.’. (2) Section 18(1)— insert — ‘ (1A) In carrying out a function under subsection (1)(c), the General Manager may adopt the procedures of this Act unless the Act authorising the function prescribes another procedure.’. ˙ Amendment of s 68 (Payment of insurance premium) 189.(1) Section 68(2), ‘A local authority’ to ‘ Building Act 1975 ’— omit, insert — ‘An assessment manager must not, under the Integrated Planning Act1997 , issue a development approval for building work’. (2) Section 68— insert — ‘ (4) A private certifier who is acting as an assessment manager must not contravene subsection (2). 47 Integrated Planning Act 1997 , section 3.1.7— The “assessment manager” , for an application, is— (a) if the development is wholly within a local government’s area—the local government, unless a different entity is prescribed under a regulation; or (b) if paragraph (a) does not apply— (i) the entity prescribed under a regulation; or (ii) if no entity has been prescribed—the entity decided by the Minister. Under Integrated Planning Act 1997 , section 5.3.5(1)(a), a private certifier may, in certain circumstances, act as an assessment manager.

s 190 134 Building and Integrated Planning Amendment s 191 No. 13, 1998 Maximum penalty—20 penalty units.’. ˙ Amendment of s 108 (Obligation of local authority) 190.(1) Section 108, heading— omit, insert — ‘ Obligation of assessment manager ’. (2) Section 108, ‘A local authority’— omit, insert — ‘An assessment manager’. PART 9—CONSEQUENTIAL AMENDMENTS ˙ Consequential amendments—schedule 191. An Act mentioned in the schedule is amended as shown in the schedule.

135 Building and Integrated Planning Amendment No. 13, 1998 ¡ SCHEDULE CONSEQUENTIAL AMENDMENTS section 191 ´ BEACH PROTECTION ACT 1968 Amendments 1. Section 3, definition “court”— omit, insert— ‘ “court” means the Planning and Environment Court.’. 2. Section 44A(2), ‘Standard Building Law under the Building Act1975 ’— omit, insert — ‘ Standard Building Regulation 1993 ’. ´ BODY CORPORATE AND COMMUNITYMANAGEMENT ACT 1997 Amendment 1. Schedule 4, definition “Planning Act”, ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert— ‘ Integrated Planning Act 1997 ’.

136 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) ´ CENTURY ZINC PROJECT ACT 1997 Amendment 1. Schedule 6, definition “development application”, paragraph (a) ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert — ‘ Integrated Planning Act 1997 ’. ´ COASTAL PROTECTION AND MANAGEMENTACT 1995 Amendments 1. Schedule 2, definition “planning scheme’, ‘ Local Government (Planning and Environment) Act 1990 , section 1.4’— omit, insert— ‘ Integrated Planning Act 1997 , section 2.1.1’. 2. Section 59(2), ‘An approval to build under the Building Act 1975 ’— omit, insert — ‘A development approval under the Integrated Planning Act 1997 ’.

137 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) ´ CREMATION ACT 1913 Amendment 1. Section 3, ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert — ‘ Integrated Planning Act 1997 ’. ´ FIRE AND RESCUE AUTHORITY ACT 1990 Amendments 1. Section 104A, definitions “Building Code of Australia” and “fire safety installation”, ‘Standard Building Law’— omit, insert — ‘Standard Building Regulation’. 2. Section 104A, definitions “Building Advisory Committee”, “building surveyor” and “Standard Building Law”— omit. 3. Section 104A— insert — ‘ “building certifier” has the meaning given by the Building Act 1975 . 48 48 Building Act 1975 , section 5— “building certifier ” means an individual accredited as a building certifier by an accrediting body.

138 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) “Standard Building Regulation” means the StandardBuildingRegulation 1993 .’. 4. Section 104N(1)(c)— omit, insert — ‘(c) 1 person nominated by the chief executive of the department administering the Building Act 1975 .’. 5. Section 104N(3), ‘building surveyor’— omit, insert — ‘building certifier’. 6. Section 104N(4) and (4A)— omit . 7. Section 104N(5), ‘chairperson of the Building Advisory Committee’— omit, insert — ‘chief executive of the department administering the Building Act 1975 .’. ´ INTEGRATED RESORT DEVELOPMENT ACT 1987 Amendments 1. Section 15(4)— omit, insert— ‘ (4) The provisions of the IntegratedPlanningAct1997 about

139 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) reconfiguring a lot do not apply to the site.’. 2. Section 15(5)— omit. 3. Section 72(5), ‘Part 7 of the Local Government (Planning andEnvironment) Act 1990 ’— omit, insert — ‘The Integrated Planning Act 1997 ’. ´ LAND ACT 1994 Amendment 1. Section 109(4), ‘ Local Government (Planning and Environment) Act 1990 , part 5’— omit, insert — ‘provisions of the Integrated Planning Act 1997 about reconfiguring a lot’. ´ LAND TITLE ACT 1994 Amendment 1. Section 53, ‘section 5.3 of the Local Government (Planning andEnvironment) Act 1990 ’— omit, insert — ‘the Integrated Planning Act 1997 , section 3.7.6’.

140 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) ´ LOCAL GOVERNMENT ACT 1993 Amendments 1. Section 4, definition “interim development control provisions”— omit, insert— ‘ “interim development control provision” means an interim development control provision that continues to have effect under the Integrated Planning Act 1997 , section 6.1.12. 49 ’. 2. Section 4, definition “local government Act”, ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert— ‘ Integrated Planning Act 1997 ’. 3. Section 4, definition “planning scheme”, ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert— ‘ Integrated Planning Act 1997 , section 2.1.1’. 4. Section 377(1)(g), ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert— ‘ Integrated Planning Act 1997 ’. 49 Section 6.1.12 (Continuing effect of interim development control provisions)

141 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) 5. Section 507(1), ‘approved by the Governor in Council’— omit. ´ LOCAL GOVERNMENT (CHINATOWN AND THEVALLEY MALLS) ACT 1984 Amendment 1. Section 3, definition “the court”— omit, insert— ‘ “court” means the Planning and Environment Court.’. ´ NATIONAL TRUST OF QUEENSLAND ACT 1963 Amendment 1. Section 6(3), ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert— ‘ Integrated Planning Act 1997 ’.

142 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) ´ NATURE CONSERVATION ACT 1992 Amendment 1. Section 7, definition “planning scheme”, ‘of the Local Government(Planning and Environment) Act 1990 , section 1.4’— omit, insert— ‘the Integrated Planning Act 1997 , section 2.1.1’. ´ SEWERAGE AND WATER SUPPLY ACT 1949 Amendments 1. Section 7AA(1)(a), ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert— ‘ Building Act 1975 ’. 2. Section 7AA(1)(f), ‘Electrical’ to ‘Branch’— omit, insert— ‘Communications, Electrical and Plumbing Union, Plumbing Division, Queensland Branch’. 3. Section 9(e)— omit, insert— ‘(e) a restricted plumber’s or restricted drainer’s licence.’.

143 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) 4. Section 12(4)— omit, insert— ‘ (4) If the board refuses to grant an application for a licence, the board must refund to the applicant the amount of the application fee paid, less the amount of the cost to the board of processing the application.’. 5. Section 14A, ‘section 19’— omit, insert— ‘section 15’. ´ SOUTH BANK CORPORATION ACT 1989 Amendments 1. Section 34(3)(a), ‘an application to which the Building Act 1975 relates’— omit, insert — ‘a development application under the Integrated Planning Act 1997 ’. 2. Section 39G, ‘the Building Act 1975 , section 4’— omit, insert — ‘the Integrated Planning Act 1997 ’. 3. Schedule 7, section 7, definition “building approvals authority”, ‘the Building Act 1975 ’— omit, insert — ‘the Integrated Planning Act 1997 ’.

144 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) T ´ RANSPORT INFRASTRUCTURE ACT 1994 Amendments 1. Section 40— insert— ‘ (9A) If the chief executive notifies the local government under subsection (9)(b), the IDAS process under the IntegratedPlanningAct1997 stops for the local government until the chief executive’s approval is received by the local government.’. 2. Section 136— omit . 3. Section 172, ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert— ‘ Integrated Planning Act 1997 ’. ´ TRANSPORT OPERATIONS (PASSENGERTRANSPORT) ACT 1994 Amendment 1. Section 145(3) and (5), ‘ Local Government (Planning and Environment) Act 1990 ’— omit, insert— ‘ Integrated Planning Act 1997 ’.

145 Building and Integrated Planning Amendment No. 13, 1998 SCHEDULE (continued) ´ WET TROPICS WORLD HERITAGE PROTECTIONAND MANAGEMENT ACT 1993 Amendment 1. Section 4, definition “planning scheme”, ‘ Local Government (Planning and Environment) Act 1990 , section 1.4’— omit, insert— ‘ Integrated Planning Act 1997 , section 2.1.1’. © State of Queensland 1998