Building and Other Legislation Amendment Regulation (No. 2) 2010 (Qld)

Queensland Building and Other Legislation Amendment Regulation (No. 2) 2010 Subordinate Legislation 2010 No. 69 made under the BuildingAct1975 SustainablePlanningAct2009 Contents Part 1 1 2 Part 2 3 4 5 Part 3 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Amendment of Building Regulation 2006 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Insertion of new s 51BK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 51BK Approval of amendment of QDC by adding part MP3.3 ............................. 2 Insertion of new pt 8, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 2A Displaying code checklist 54A Definitions for div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 3 54B Form and content of code checklist . . . . . . . . . . . . . . 3 54C Display of code checklist for particular temporary accommodation buildings . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Sustainable Planning Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 7 (Referral agencies and their jurisdictions) . 4

Building and Other Legislation Amendment Regulation (No. 2) 2010 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Building and Other Legislation Amendment Regulation (No. 2) 2010 . 2 Commencement The following provisions of this regulation commence on 1 July 2010— • part 2, section 5 • part 3. Part 2 Amendment of Building Regulation 2006 3 Regulation amended This part amends the Building Regulation 2006. 4 Insertion of new s 51BK Part 8, division 1— insert— ‘51BK Approval of amendment of QDC by adding part MP3.3 ‘(1) The amendment of the QDC by adding part MP3.3 published by the chief executive on 22 March 2010 is approved under section 13(3) of the Act. ‘(2) The approval takes effect on 1 July 2010.’. Page 2 2010 SL No. 69

Building and Other Legislation Amendment Regulation (No. 2) 2010 Part 2 Amendment of Building Regulation 2006 [s 5] 5 Insertion of new pt 8, div 2A After section 54— insert— ‘Division 2A Displaying code checklist ‘54A Definitions for div 2A ‘In this division— code checklist means the code checklist under section 54B. temporary accommodation building means a temporary building or structure containing an area used, or intended to be used, for sleeping. ‘54B Form and content of code checklist ‘(1) The code checklist must be in the approved form. ‘(2) The approved form may only make provision for indicating whether the acceptable solutions for temporary accommodation buildings, under the QDC part MP3.3., have been complied with in relation to temporary accommodation buildings to which section 54C applies. ‘54C Display of code checklist for particular temporary accommodation buildings ‘(1) This section applies to a temporary accommodation building that— (a) is located at a site for more than 42 consecutive days; and (b) is occupied, or available for occupation, by a person— (i) under an agreement relating to the person’s employment; or (ii) in return for the payment of rent. 2010 SL No. 69 Page 3

Building and Other Legislation Amendment Regulation (No. 2) 2010 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 6] ‘(2) The prescribed person for the temporary accommodation building must ensure a copy of the code checklist is— (a) completed for the temporary accommodation building; and (b) clearly displayed on or near the temporary accommodation building. Maximum penalty—20 penalty units. ‘(3) In this section— prescribed person , for a temporary accommodation building, means the person who allows occupation of the building— (a) under an agreement relating to a person’s employment; or (b) in return for the payment of rent.’. Part 3 Amendment of Sustainable Planning Regulation 2009 6 Regulation amended This part amends the Sustainable Planning Regulation 2009. 7 Amendment of sch 7 (Referral agencies and their jurisdictions) Schedule 7, table 1— Page 4 2010 SL No. 69

Building and Other Legislation Amendment Regulation (No. 2) 2010 Part 3 Amendment of Sustainable Planning Regulation 2009 [s 7] insert— ‘Temporary accommodation buildings 27 Building work for a temporary The local Performance criteria accommodation building as defined government—as a 1 of the Queensland under the Building Regulation concurrence agency Development Code, 2006 , section 54A if— part 3.3’. (a) the Queensland Development Code, part 3.3 applies to the work; and (b) the requirements of acceptable solution A1 stated in the part are not complied with ENDNOTES 1 Made by the Governor in Council on 22 April 2010. 2 Notified in the gazette on 23 April 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2010 2010 SL No. 69 Page 5