Building and Other Legislation Amendment Regulation (No. 1) 2012 (Qld)

Queensland Building and Other Legislation Amendment Regulation (No. 1) 2012 Subordinate Legislation 2012 No. 186 made under the Building Act 1975 Plumbing and Drainage Act 2002 Sustainable Planning Act 2009 Contents Part 1 1 Part 2 2 3 4 5 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Building Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 2A Provisions relating to building assessment work 5A Definition for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5B Defined flood level in natural hazard management area (flood) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5C Maximum flow velocity of water in natural hazard management area (flood) if declared by local government ........................ 4 5D Maximum flow velocity of water in natural hazard management area (flood) if not declared by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5E Freeboard in natural hazard management area (flood) .............................. 6 Amendment of s 6 (Operation of pt 3) . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 13 (Land liable to flooding) . . . . . . . . . . . . . . . . 7

Building and Other Legislation Amendment Regulation (No. 1) 2012 Contents 6 7 Part 3 8 9 10 Part 4 11 12 13 Insertion of new s 51BLAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51BLAA Approval of amendment of QDC by adding part MP 3.5 ............................ Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Standard Plumbing and DrainageRegulation 2003 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 12A (Limited application of some applied provisions) ................................. Amendment of sch 1 (Applied provisions) . . . . . . . . . . . . . . . . . . Amendment of Sustainable Planning Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 7 (Referral agencies and their jurisdictions) . Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 7 7 7 9 9 9 9 10 12 Page 2 2012 SL No. 186

Part 1 Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Building and Other Legislation Amendment Regulation (No. 1) 2012 . Part 2 Amendment of Building Regulation 2006 2 Regulation amended This part amends the Building Regulation 2006. 3 Insertion of new pt 2A After section 5— insert — ‘Part 2A Provisions relating to building assessment work ‘5A Definition for pt 2A ‘In this part— relevant expert means— (a) a person who is a registered professional engineer under the ProfessionalEngineersAct2002 specialising in hydrologic and hydraulic models; or (b) another person who has appropriate experience, qualifications or skills in hydrologic and hydraulic models in relation to flood levels or flow velocities of water. 2012 SL No. 186 Page 3

Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 2 Amendment of Building Regulation 2006 [s 3] ‘5B Defined flood level in natural hazard management area (flood) ‘(1) This section applies if— (a) building work is to be carried out on an allotment located in a natural hazard management area (flood); and (b) the local government has declared a defined flood level under section 13(1)(b)(i) for the part of the natural hazard management area (flood) within which the allotment is located (the declared level ). ‘(2) The defined flood level stated in the building development application for the building work (the stated level ) may be different to the declared level. ‘(3) If the stated level is lower than the declared level, the building development application must be accompanied by a report prepared by a relevant expert containing sufficient information to enable the local government to determine whether the stated level is appropriate. Note — See the Sustainable Planning Regulation , schedule 7, table 1, item 30. ‘5C Maximum flow velocity of water in natural hazard management area (flood) if declared by local government ‘(1) This section applies if— (a) building work is to be carried out on an allotment located in a natural hazard management area (flood); and (b) the local government has declared a maximum flow velocity of water under section 13(1)(b)(ii) for the part of the natural hazard management area (flood) within which the allotment is located (the declared flow velocity ). Page 4 2012 SL No. 186

Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 2 Amendment of Building Regulation 2006 [s 3] ‘(2) The maximum flow velocity of water stated in the building development application for the building work (the stated flow velocity ) may be different to the declared flow velocity. ‘(3) If the stated flow velocity is lower than the declared flow velocity, the building development application must be accompanied by a report prepared by either of the following containing sufficient information to enable the local government to determine whether the stated flow velocity is appropriate— (a) a relevant expert; (b) a person who is not a relevant expert. Note — See the Sustainable Planning Regulation , schedule 7, table 1, item 31. ‘(4) If a report under subsection (3) is prepared by a person who is not a relevant expert, the report must be based on historical documents or information about the flow velocity of water for the part of the natural hazard management area (flood) within which the allotment is located. ‘5D Maximum flow velocity of water in natural hazard management area (flood) if not declared by local government ‘(1) This section applies if— (a) building work is to be carried out on an allotment located in a natural hazard management area (flood); and (b) the local government has not declared a maximum flow velocity of water under section 13(1)(b)(ii) for the part of the natural hazard management area (flood) within which the allotment is located. ‘(2) A maximum flow velocity of water may be stated in the building development application for the building work. ‘(3) If a maximum flow velocity of water is stated in the building development application for the building work, the building 2012 SL No. 186 Page 5

Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 2 Amendment of Building Regulation 2006 [s 3] development application must contain sufficient information to enable the assessment manager for the building development application to determine whether the maximum flow velocity of water stated is appropriate. ‘(4) In determining whether the maximum flow velocity of water stated is appropriate, the assessment manager may have regard to— (a) any flow velocity of water that has been recorded for a flood for— (i) all or part of the natural hazard management area (flood) within which the allotment is located; or (ii) the part of the allotment on which the building work is to be carried out; or (b) any report prepared by the following— (i) a relevant expert; (ii) a person who is not a relevant expert. ‘(5) If a report under subsection (4)(b) is prepared by a person who is not a relevant expert, the report must be based on historical documents or information about the flow velocity of water for the part of the natural hazard management area (flood) within which the allotment is located. ‘5E Freeboard in natural hazard management area (flood) ‘A freeboard for building work carried out on an allotment located in a natural hazard management area (flood) must be— (a) if the local government has declared a freeboard under section 13(1)(b)(iv) for the part of the natural hazard management area (flood) within which the allotment is located—the freeboard declared; or (b) otherwise—at least 300mm.’. Page 6 2012 SL No. 186

Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 2 Amendment of Building Regulation 2006 [s 4] 4 Amendment of s 6 (Operation of pt 3) Section 6, notes, ‘section 30(1)(d)’— omit, insert — ‘section 30(1)(f)’. 5 Amendment of s 13 (Land liable to flooding) Section 13(1)(b)— omit, insert — ‘(b) declare the following for all or part of a natural hazard management area (flood)— (i) the defined flood level; (ii) the maximum flow velocity of water; (iii) an inactive flow or backwater area; (iv) a freeboard that is more than 300mm; (v) the finished floor level of class 1 buildings built in all or part of the natural hazard management area (flood).’. 6 Insertion of new s 51BLAA After section 51BL— insert — ‘51BLAA Approval of amendment of QDC by adding part MP 3.5 ‘(1) The amendment of the QDC by adding part MP 3.5 published by the chief executive on 22 October 2012 is approved under section 13(3) of the Act. ‘(2) The approval takes effect on 26 October 2012.’. 7 Amendment of sch 4 (Dictionary) Schedule 4— 2012 SL No. 186 Page 7

Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 2 Amendment of Building Regulation 2006 [s 7] insert — ‘ defined flood level means the level to which it is reasonably expected flood waters may rise. finished floor level means the level of the uppermost surface of a finished floor not including any floor covering. Examples of a floor covering — carpet, tiles freeboard means a height above the defined flood level that takes account of matters that may cause flood waters to rise above the defined flood level. Examples of matters that may cause a flood level to rise above the defined flood level — wave action, localised hydraulic behaviour inactive flow or backwater area means all or part of a natural hazard management area (flood) where the maximum flow velocity of water is not likely to be greater than 1.5m/s. maximum flow velocity of water , for all or part of a natural hazard management area (flood), means a flow velocity of water that is reasonably expected to be the maximum flow velocity of water for all or part of the natural hazard management area (flood). natural hazard management area (flood) means a natural hazard management area (flood) designated by a local government under section 13(1)(a). relevant expert , for part 2A, see section 5A.’. Page 8 2012 SL No. 186

Part 3 Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 3 Amendment of Standard Plumbing and Drainage Regulation 2003 [s 8] Amendment of Standard Plumbing and Drainage Regulation 2003 8 Regulation amended This part amends the StandardPlumbingandDrainageRegulation 2003 . 9 Amendment of s 12A (Limited application of some applied provisions) Section 12A, ‘to 3’— omit, insert — ‘to 4’. 10 Amendment of sch 1 (Applied provisions) (1) Schedule 1, items 1 to 3— renumber as schedule 1, items 2 to 4. (2) Schedule 1— insert — ‘1 Queensland Development Code, part MP3.5 (Construction of buildings in flood hazard areas)’. Part 4 Amendment of Sustainable Planning Regulation 2009 11 Regulation amended This part amends the Sustainable Planning Regulation 2009 . 2012 SL No. 186 Page 9

Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 4 Amendment of Sustainable Planning Regulation 2009 [s 12] 12 Amendment of sch 7 (Referral agencies and their jurisdictions) Schedule 7, table 1— insert — ‘Natural hazard management area (flood) 30 Building work for a lot if— The local Whether the defined (a) tmheanlaogt eismiennat anraetaur( afllohoadz)a;radnd gcoonvceurnrrmenencet— agaesnacy fdthleoevoebdluolipeldvmienelgnsttated in (b) the local government has application is declared under the Building appropriate having Regulation 2006 , section 13 a regard to the report defined flood level for the part accompanying the of the natural hazard application under the management area (flood) Building Regulation within which the lot is located; 2006 , section 5B(3), and and all or any of the (c) the defined flood level stated in following— the building development (a) any flood application is lower than the modelling defined flood level declared by carried out for the local government the lot or all or part of the natural hazard management area (flood) within which the lot is located; (b) any recorded flood levels for all or part of the natural hazard management area (flood) within which the lot is located; (c) any other matter the local government considers relevant Page 10 2012 SL No. 186

Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 4 Amendment of Sustainable Planning Regulation 2009 [s 12] 31 Building work for a lot if— The local Whether the (a) tmheanlaogt eismiennat anraetaur( afllohoadz)a;radnd cgoonvceurnrrmenencet—agaesnacy svmteaaltoxecidmitiyunmothffewlobawuteilrding (b) the local government has development declared under the Building application is Regulation 2006 , section 13 a appropriate having maximum flow velocity of regard to the report water for the part of the natural accompanying the hazard management area application under the (flood) within which the lot is Building Regulation located; and 2006 , section 5C(3), (c) the maximum flow velocity of water stated in the building and all or any of the following— development application is (a) any flood lower than the maximum flow modelling carried velocity of water declared by out for the lot or the local government all or part of the natural hazard management area (flood) within which the lot is located; (b) any flow velocity of water that has been recorded for a flood for— (i) all or part of the natural hazard management area (flood) within which the lot is located; or (ii) the part of the lot on which the building work is to be carried out; (c) any other matter the local government considers relevant’. 2012 SL No. 186 Page 11

Building and Other Legislation Amendment Regulation (No. 1) 2012 Part 4 Amendment of Sustainable Planning Regulation 2009 [s 13] 13 Amendment of sch 26 (Dictionary) Schedule 26— insert — ‘ defined flood level see the Building Regulation 2006 , schedule 4. maximum flow velocity of water see the Building Regulation 2006 , schedule 4. natural hazard management area (flood) see the Building Regulation 2006 , schedule 4.’. ENDNOTES 1 Made by the Governor in Council on 25 October 2012. 2 Notified in the gazette on 26 October 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Housing and Public Works. © State of Queensland 2012 Page 12 2012 SL No. 186