Plumbing and Drainage Regulation 2019 (Qld)
Case
No judgment structure available for this case.
Plumbing and Drainage Regulation 2019
Part 1 Preliminary
Division 1 Introduction
1 Short title
This regulation may be cited as the Plumbing and Drainage Regulation 2019.
2 Commencement
This regulation commences on the commencement of section 157 of the Act.
Division 2 Interpretation
3 Definitions
The dictionary in schedule 10 defines particular words used in this regulation.
4 Permit work
For section 6(2) of the Act, permit work is plumbing or drainage work that is not—(a)notifiable work; or(b)minor work; or(c)unregulated work.
5 Notifiable work
(1)For section 6(3) of the Act, notifiable work is plumbing or drainage work of the type stated in schedule 1, part 2.(2)However, notifiable work does not include plumbing or drainage work to which schedule 1, part 1 applies.
6 Minor work
For section 6(4) of the Act, minor work is plumbing or drainage work of the type stated in schedule 2.
7 Unregulated work
For section 6(5) of the Act, unregulated work is plumbing or drainage work of the type stated in schedule 3.
Part 2 Codes and code requirements
8 Approval of Queensland Plumbing and Wastewater Code—Act, s 7
For section 7(2) of the Act, the Queensland Plumbing and Wastewater Code, version 1, 2025 is approved.Note—
See, however, section 34 in relation to a further transitional treatment plant approval under part 4, division 5.
9 Prescribed provisions of Plumbing Code of Australia—Act, s 9
For section 9(1)(b) of the Act, each of the following provisions of the Plumbing Code of Australia (a prescribed PCA provision) is prescribed—
•section A•section B, other than part B4•section C•section D•section E
10 Prescribed parts of Queensland Development Code—Act, s 9
For section 9(1)(c) of the Act, each of the following parts of the Queensland Development Code (a prescribed QDC part) is prescribed—
•MP 3.5—Construction of buildings in flood hazard areas•MP 4.1—Sustainable buildings•MP 4.2—Rainwater tanks and other supplementary water supply systems•MP 4.3—Supplementary water sources—commercial buildings.
11 Complying with Queensland Plumbing and Wastewater Code and prescribed PCA provision—Act, s 9
(1)For section 9(4) of the Act, plumbing or drainage work, or a plan for plumbing or drainage work—(a)complies with the Queensland Plumbing and Wastewater Code only if the work complies with all relevant performance requirements for the work under the code; and(b)complies with a prescribed PCA provision only if the work complies with all relevant performance requirements for the work under the provision.(2)Compliance of the work with a relevant performance requirement under the Queensland Plumbing and Wastewater Code or a prescribed PCA provision can be achieved by—(a)a deemed-to-satisfy solution for the performance requirement under the code or provision; or(b)a performance solution for the performance requirement under the code or provision; or(c)a combination of the solutions mentioned in paragraphs (a) and (b).
12 Complying with prescribed QDC part—Act, s 9
(1)For section 9(4) of the Act, plumbing or drainage work, or a plan for plumbing or drainage work, complies with a prescribed QDC part only if the work complies with all relevant performance requirements for the work under the part.(2)Compliance of the work with a relevant performance requirement under a prescribed QDC part can be achieved only in the same way that compliance of building work with the relevant performance requirement can be achieved under the Building Act 1975, section 14.
Part 3 Licences
13 Scope of work for classes of licence—Act, s 13
For section 13(5) of the Act—(a)the scope of work for a plumbers licence is the plumbing work mentioned in schedule 4, part 1; and(b)the scope of work for a drainers licence is the drainage work mentioned in schedule 4, part 2; and(c)the scope of work for a restricted licence of a type mentioned in schedule 4, part 3, column 1 is the plumbing or drainage work mentioned opposite the type of licence in part 3, column 2 of the schedule.
14 Assessing alternative qualification
(1)This section applies if—(a)a person applies, or tells the commissioner the person intends to apply, to the commissioner for a licence; and(b)the person intends to rely on a qualification (an alternative qualification) for the application that is not 1 of the qualifications (the existing qualifications) for the licence decided by the commissioner under section 14(a) of the Act; and(c)the commissioner considers it is, or will be, necessary to assess whether the alternative qualification is equivalent to any of the existing qualifications to decide whether the person has the qualifications required for the licence; and(d)the person asks the commissioner to assess the equivalence of the alternative qualification and pays QBCC the fee stated in schedule 8 for the assessment.(2)The commissioner must assess whether the alternative qualification is equivalent to any of the existing qualifications.(3)Subsection (4) applies if the commissioner considers the only practicable way to assess the equivalence of the alternative qualification under subsection (2) is to have the person’s competencies for the alternative qualification assessed by a registered training organisation.(4)The commissioner may refer the person to a registered training organisation to—(a)carry out an assessment of the competencies for the alternative qualification; and(b)advise the commissioner of the results of its assessment.(5)To remove any doubt, it is declared that the requirement for the person to pay the prescribed fee under subsection (1)(d) for the commissioner’s assessment under subsection (2) does not prevent or restrict a registered training organisation from charging the person an additional fee for supplying a service under subsection (4).(6)In this section—competencies, for a qualification, means the units of competency (however called) that satisfied the requirements of the qualification.
15 Scope of work for particular endorsements—Act, s 25
For section 25(2) of the Act—(a)the scope of work for an endorsement on a plumbers licence or provisional plumbers licence mentioned in schedule 4, part 4, column 1 is the plumbing work mentioned opposite the endorsement in part 4, column 2 of the schedule; and(b)the scope of work for an endorsement on a drainers licence or provisional drainers licence mentioned in schedule 4, part 5, column 1 is the drainage work mentioned opposite the endorsement in part 5, column 2 of the schedule.
Part 4 Treatment plant approvals and related matters
Division 1 Applications
16 Applying for, or to amend, treatment plant approval
(1)A person may apply to the chief executive for a treatment plant approval for—(a)a greywater treatment plant of a particular type, other than a greywater (cooling tower) treatment plant; or(b)a secondary on-site sewage treatment plant of a particular type.(2)The holder of a treatment plant approval may apply to the chief executive to amend the approval.(3)The application must—(a)be in the approved form; and(b)be accompanied by the documents as required under schedule 5.(4)However, an application to amend a treatment plant approval is not required to be accompanied by a document if—(a)the document accompanied the application for the approval or a previous application to amend the approval; and(b)there has been no change to any material particular in the information contained in the document.
17 Requesting further information
(1)The chief executive may, by notice given to the applicant, ask the applicant for further information the chief executive needs to decide the application.(2)The notice must be given to the applicant within 10 business days after the application is made.(3)If the chief executive asks for information under subsection (2), the chief executive need not deal with the application until the applicant gives the information to the chief executive.(4)If the applicant does not give the information to the chief executive within 6 months after the application is made, the chief executive may treat the application as having lapsed.
18 Deciding application
The chief executive must consider the application and decide to—
(a)approve the application with any conditions the chief executive considers reasonable and relevant or without conditions; orExamples of conditions—
•a condition of a treatment plant testing approval about when, and how, the contents of a treatment plant must be disposed of•a condition of a treatment plant use approval that a treatment plant must be supplied with—(a)evidence of the treatment plant approval; and(b)details of the model of the treatment plant; and(c)instructions for the manufacture, installation, operation, or maintenance of the treatment plant(b)refuse the application.
19 Criteria for decision
The chief executive may decide to approve the application if satisfied—
(a)for an application relating to a grey water treatment plant of a particular type, a treatment plant of that type complies with—(i)the Queensland Plumbing and Wastewater Code, schedule 1; and(ii)the conformity assessment requirements; or(b)for an application relating to a secondary on-site sewage treatment plant of a particular type, a treatment plant of that type—(i)is capable of treating no more than 4.2kL of sewage in a day; and(ii)complies with—(A) AS 1546.3:2017; and(B)the conformity assessment requirements.
20 Granting or amending treatment plant approval
If the chief executive decides to approve the application, the chief executive must—(a)give the treatment plant approval, or amended approval, to the applicant; and(b)publish a copy of the approval, or amended approval, on the department’s website; and(c)for an amended approval, ensure the published copy includes a statement that the approval was amended on a stated day.
21 Failure to decide application
(1)This section applies if the chief executive does not decide the application within the required period after receiving—(a)the application; or(b)if the chief executive asks for further information under section 17—the information.(2)The chief executive is taken to have decided to refuse the application.(3)In this section—required period means—(a)10 business days; or(b)if a longer period is agreed between the chief executive and the applicant—the longer period.
22 Information notice about decisions
(1)Subsection (2) applies if the chief executive decides to—(a)approve the application and grant, or amend, the treatment plant approval with a condition; or(b)refuse the application.(2)The chief executive must give the applicant an information notice about the decision.(3)If, under section 21, the chief executive is taken to have decided to refuse the application, the applicant is entitled to be given an information notice about the decision.Note—
For an appeal against a decision mentioned in subsection (1) or (3), see the Planning Act 2016, schedule 1, section 1, table 3, items 3 and 5.
Division 2 Duration and transfer of approvals
23 Duration of approval
A treatment plant approval remains in force for—(a)the period stated in the approval; or(b)if no period is stated in the approval—(i)for a treatment plant testing approval—(A)1 year after the approval is given; or(B)if, before that year ends, the chief executive agrees in writing to a longer period—the longer period; or(ii)for a treatment plant use approval—5 years after the approval is given.Note—
For the duration of a further transitional treatment plant approval under division 5, see section 35A.
24 Transferring approval
(1)This section applies if the holder of a treatment plant approval proposes to transfer the approval to another person (the new holder).(2)The new holder must give the chief executive notice of the transfer in the approved form.(3)The chief executive must, after being given the notice—(a)record the new holder as the holder of the treatment plant approval; and(b)transfer the treatment plant approval by reissuing it to the new holder; and(c)publish, on the department’s website, a copy of the transferred approval including a statement that the approval was transferred on a stated day.(4)A treatment plant approval may be transferred only under this section.
Division 3 Inspecting approved treatment plants
25 Application of division
This division applies if the chief executive considers a matter may significantly adversely affect on-site sewage treatment plants of a type the subject of a treatment plant approval (each an affected treatment plant).
Example of a matter for this section—
a systemic failure affecting, or potentially affecting, the functioning of a particular model of on-site sewage treatment plant
26 Notice to local government requiring information
(1)The chief executive may give a notice to a local government requiring the local government to give the chief executive the following information—(a)the address of each premises in the local government area where an affected treatment plant has been installed;(b)the name of the owner of the premises.(2)The local government must comply with the notice.
27 Notice requesting access to premises
The chief executive may give a notice to the owner of premises where an affected treatment plant has been installed—
(a)briefly stating the nature of the matter mentioned in section 25; and(b)stating that the chief executive has arranged for a person to inspect the treatment plant; and(c)asking for the owner’s consent for the person to enter the premises to carry out the inspection.
Division 4 Cancellation of approvals
28 Show cause notice for contravening condition of approval
(1)This section applies if the chief executive reasonably believes the holder of a treatment plant approval has contravened a condition of the approval.Example for subsection (1)—
The chief executive may believe the holder of a treatment plant approval has manufactured treatment plants that do not conform with the product specification document on which the approval was based.(2)The chief executive must give the holder a notice under this section (a show cause notice).(3)The show cause notice must state—(a)that the chief executive proposes to cancel the treatment plant approval under this division; and(b)the grounds for the proposed cancellation; and(c)an outline of the facts and circumstances forming the basis for the grounds; and(d)that the holder may, within a stated period (the show cause period), make representations about why the approval should not be cancelled.(4)The show cause period must end at least 20 business days after the holder is given the show cause notice.
29 Representations about show cause notice
(1)The holder of the treatment plant approval may make written representations about the show cause notice to the chief executive in the show cause period.(2)The chief executive must consider all representations (the accepted representations) made under subsection (1).
30 Ending show cause process without further action
(1)This section applies if, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to cancel the treatment plant approval.(2)The chief executive must not take any further action in relation to the show cause notice.(3)The chief executive must give the holder of the treatment plant approval notice that no further action is to be taken in relation to the show cause notice.
31 Cancellation
(1)This section applies if—(a)there are accepted representations for the show cause notice and, after considering the representations, the chief executive still believes a ground exists to cancel the treatment plant approval; or(b)there are no accepted representations.(2)If the chief executive believes cancellation of the treatment plant approval is warranted, the chief executive may cancel the approval.(3)The chief executive must give the holder an information notice about the decision to cancel the approval.(4)The decision takes effect on the later of the following days—(a)the day the information notice is given to the holder;(b)the day stated in the information notice for that purpose.
Division 5 Particular provisions for further transitional treatment plant approvals
32 Purposes of division
The purposes of this division are—(a)to enable a person who held a transitional treatment plant approval on 31 December 2024 to apply, on or before 28 February 2025, for a treatment plant approval that remains in force until 31 December 2025; and(b)to provide for the application to be decided on the basis of compliance with the previous Queensland Plumbing and Wastewater Code rather than the criteria under section 19.
33 Definitions for division
In this division—former section 35 means section 35 as inserted by the Plumbing and Drainage Amendment Regulation 2024.Note—
Former section 35 expired on 1 January 2025.further transitional treatment plant approval see section 35(2).previous Queensland Plumbing and Wastewater Code means the document called ‘Queensland Plumbing and Wastewater Code’—(a)published by the department on 26 October 2017; and(b)available on the department’s website.transitional treatment plant approval means a treatment plant approval that was approved under former section 35.
34 Approval of previous Queensland Plumbing and Wastewater Code—Act, s 7
(1)For section 7(2) of the Act, the previous Queensland Plumbing and Wastewater Code is approved only in relation to work for a further transitional treatment plant approval.(2)This section applies despite section 8.(3)For subsection (1), a reference in the previous Queensland Plumbing and Wastewater Code to a provision of, or matter under, the repealed Act or repealed regulation is taken to be a reference to the corresponding provision of, or corresponding matter under, the Act or this regulation.(4)In this section—corresponding matter, for a matter under the repealed Act or repealed regulation, means a matter under the Act or this regulation that is substantially the same as the matter under the repealed Act or repealed regulation.corresponding provision, for a provision of the repealed Act or repealed regulation, means a provision of the Act or this regulation that is substantially the same as the provision of the repealed Act or repealed regulation.repealed regulation means the repealed Standard Plumbing and Drainage Regulation 2003.
35 Application for and deciding further transitional treatment plant approvals
(1)This section applies in relation to a person who was, on 31 December 2024, the holder of a transitional treatment plant approval.(2)The person may apply under this section for a treatment plant approval (a further transitional treatment plant approval).(3)The application must—(a)be made in the approved form on or before 28 February 2025; and(b)be for a treatment plant that was, on 31 December 2024, the subject of the transitional treatment plant approval held by the applicant.(4)Subject to subsections (5) to (7), division 1 applies to the application as if the application were an application for a treatment plant approval under that division.(5)Section 16(3) does not apply in relation to the application.(6)Section 19 does not apply for deciding the application.(7)The chief executive may decide to approve the application if satisfied a treatment plant of the type the subject of the application complies with the previous Queensland Plumbing and Wastewater Code as approved under section 34.
35A Duration of further transitional treatment plant approvals
(1)A further transitional treatment plant approval remains in force until 31 December 2025.(2)This section applies despite section 23.
35B Expiry of division
This division expires on 1 January 2026.
Part 5 Permits
Division 1 Introduction
36 What this part is about
This part is about applying for, issuing and amending permits to carry out—(a)permit work; or(b)notifiable work; or(c)both permit work and notifiable work.Note—
Other provisions of this regulation relate to notifiable work that is not the subject of a permit. See part 6, division 6.
Division 2 Permits issued by local governments
Subdivision 1 Preliminary
37 Meaning of fast-track permit work
(1)Generally, permit work is fast-track permit work if—(a)the work is carried out, or is to be carried out, under a permit authorising work on—(i)only 1 new class 1a building or 1 new class 10a building; or(ii)only 1 new class 1a building and 1 new class 10a building associated with the class 1a building; and(b)the work is carried out, or is to be carried out, in a service area for a retail water service and a sewerage service; and(c)for a building mentioned in paragraph (a)(i)—the supply pipe for the building is connected directly and separately to the service provider’s water supply system; and(d)for the buildings mentioned in paragraph (a)(ii)—1 supply pipe for both of the buildings is connected directly and separately to the service provider’s water supply system; and(e)for a building mentioned in paragraph (a)(i) or either or both of the buildings mentioned in paragraph (a)(ii)—the sanitary drain for the building or buildings is connected directly and separately to the service provider’s sewerage system.(2)For subsection (1)(a)(ii), a class 10a building is associated with a class 1a building if a person who is entitled to use the class 1a building would ordinarily also be entitled to use the class 10a building.(3)Also, fast-track permit work, for a particular local government area, includes other permit work of a type the local government has declared to be fast-track permit work for the local government area under a fast-track work declaration.(4)However, the following work is not fast-track permit work—(a)work involving installing a fixture relating to trade waste;(b)work involving building, installing or altering—(i)a greywater use facility; or(ii)an on-site sewage facility;(c)work carried out, or to be carried out, in a local government area for which a fast-track opt-out declaration is in force.
38 Meaning of fast-track application and fast-track amendment application
(1)A fast-track application is an application to a local government under this division for a permit for carrying out fast-track permit work.(2)A fast-track amendment application is an application to a local government under this division to amend a permit mentioned in subsection (1) for which a fast-track application was made.(3)However, an application for, or to amend, a permit for carrying out work in a local government area is not a fast-track application or fast-track amendment application if—(a)when the application is made, a fast-track opt-out declaration is in force for the local government area; or(b)for the application, a performance solution is proposed to be used to comply with a performance requirement of—(i)the Queensland Plumbing and Wastewater Code; or(ii)the Plumbing Code of Australia; or(c)for the application, an alternative solution under the Queensland Development Code is proposed to be used to comply with a performance criteria of that code.
Subdivision 2 Local government declarations about permit work
39 Fast-track work declaration for a local government area
(1)A local government may, by resolution, declare permit work of a stated type to be fast-track permit work for its local government area (a fast-track work declaration).(2)However, a local government may not declare permit work to be fast-track permit work under subsection (1) if the permit work is work mentioned in section 37(4)(a), (b) or (c).(3)A fast-track work declaration applies in relation to permit work carried out on or after the day the declaration is made.
40 Fast-track opt-out declaration for local government area
(1)A local government may, by resolution, declare that it will not deal with any applications relating to permits for work to be carried out in its local government area as fast-track applications (a fast-track opt-out declaration).(2)A fast-track opt-out declaration applies in relation to an application for, or to amend, a permit made on or after the day the declaration is made.
41 Publishing declarations
If a local government makes a fast-track work declaration or fast-track opt-out declaration for its local government area, the local government must—
(a)publish the declaration on its website; and(b)give a copy of the declaration to—(i)the chief executive; and(ii)if the local government is a participating local government for a distributor-retailer—the distributor-retailer; and(c)ensure a copy of the declaration may be inspected, free of charge, at the local government’s public office.
Subdivision 3 Applying for, or to amend, local government permits
42 Applying to local government for permit
A person may apply under this division to a local government for a permit to carry out any of the following work in the local government area—
(a)permit work;(b)notifiable work;(c)both permit work and notifiable work.
43 Applying to local government to amend permit
(1)This section applies in relation to a permit for work issued by a local government.(2)An eligible person may apply under this division to the local government—(a)to extend the term of the permit for no more than 2 years; orNote—
For the term of a permit, see section 59.(b)to otherwise amend the permit.(3)If an inspector has given the responsible person for the work an action notice requiring the person to apply under this division to amend the permit, the responsible person must comply with the requirement by—(a)making the application; or(b)arranging for an eligible person to make the application for the responsible person.(4)In this section—eligible person means—(a)the permit holder; or(b)the owner of the premises, if the owner of the premises is not the permit holder.
Subdivision 4 Processing applications
44 Requirements for application
(1)An application for, or to amend, a permit must—(a)be in the approved form; and(b)be accompanied by—(i)the documents as required under schedule 6; and(ii)if the application relates to SEQ water work and the local government is not the water service provider for the premises—the SEQ service provider’s written consent for the work; and(iii)if the application relates to SEQ sewerage work and the local government is not the sewerage service provider for the premises—the SEQ service provider’s written consent for the work; and(iv)the local government application fee.(2)An application to extend the term of a permit must be made at least 10 business days before the end of the term of the permit.(3)Despite subsection (1)(b)(i), an application to amend a permit is not required to be accompanied by a document mentioned in schedule 6 if—(a)the document accompanied the application for the permit or a previous application to amend the permit; and(b)there has been no change to any material particular in the information contained in the document.(4)An application that complies with subsections (1) to (3) is a properly made application.
45 Request for further information for deciding application
(1)This section applies if the local government considers—(a)the application is not a properly made application; or(b)that the local government does not have the expertise to assess work the subject of the application (the specialist work); or(c)that the local government requires further information to decide the application.(2)The local government may, by notice given to the applicant in the initial consideration period (an information request), ask the applicant to do the following—(a)if subsection (1)(a) applies—give the local government further information, or do a thing, the local government considers necessary to make the application a properly made application;(b)if subsection (1)(b) applies—give the local government a compliance statement for the specialist work;(c)if subsection (1)(c) applies—give the local government further information required to decide the application.(3)If the local government gives the applicant an information request, the local government need not deal with the application until the applicant complies with the notice.(4)If the applicant does not comply with the information request within 6 months after it is given, the local government—(a)may treat the application as having lapsed; and(b)is not required to refund the local government application fee.(5)In this section—initial consideration period means—(a)for a fast-track application or fast-track amendment application—2 business days after the application is made; or(b)for another application—10 business days after the application is made.
46 Deciding application—generally
(1)The local government must consider each properly made application and decide to—(a)approve the application with—(i)for an application relating to work for a treatment plant of a type the subject of a treatment plant approval—the conditions of the approval; and(ii)any other conditions the local government considers reasonable and relevant for carrying out the work; or(b)refuse the application.(2)Without limiting subsection (1)(a), a condition mentioned in subsection (1)(a)(ii) may, for example, authorise the permit holder to install a holding tank on stated premises and require the permit holder to remove the holding tank from the premises within a stated period.
47 Deciding application—particular matters to be considered
(1)For deciding a fast-track application, the local government may, but need not, assess whether each plan for work accompanying the application complies with the code requirements for the work.(2)For deciding an application, other than a fast-track application, the local government may approve the application if satisfied—(a)after assessing each plan mentioned in schedule 6, part 2 accompanying the application, the plan complies with the code requirements for the work to which the application relates; and(b)for an application relating to a greywater use facility that includes a greywater treatment plant, other than a greywater (cooling tower) treatment plant, in a sewered area—(i)the premises where the facility is proposed to be installed generates more than 3kL of greywater a day; and(ii)the treatment plant is of a type for which a treatment plant approval has been granted; and(iii)the proposed work complies with the treatment plant approval; and(iv)greywater can be diverted to sanitary drainage by a manual diversion device; and(v)greywater will automatically overflow to sanitary drainage if the facility’s filtering or irrigation system is not working properly; and(c)for an application relating to a greywater use facility that includes a greywater treatment plant not in a sewered area—(i)the treatment plant is of a type for which a treatment plant approval has been granted; and(ii)the proposed work complies with the treatment plant approval; and(d)for an application relating to a greywater use facility that includes a greywater (cooling tower) treatment plant in a sewered area to treat greywater, other than kitchen greywater—the treatment plant will be able to treat the greywater to the required standard; and(e)for an application relating to a secondary on-site sewage treatment plant—(i)the treatment plant is of a type for which a treatment plant approval has been granted; and(ii)the proposed work complies with the treatment plant approval.(3)For deciding an application relating to SEQ water work, the local government must not approve the application unless—(a)the local government is the water service provider for the premises; or(b)the water service provider for the premises—(i)has given the applicant written consent for the work; or(ii)has given the local government a notice stating that a permit for the type of work may be issued without the provider’s consent.(4)For deciding an application relating to SEQ sewerage work, the local government must not approve the application unless—(a)the local government is the sewerage service provider for the premises; or(b)the sewerage service provider for the premises—(i)has given the applicant written consent for the work; or(ii)has given the local government a notice stating that a permit for the type of work may be issued without the provider’s consent.(5)For deciding an application for which the applicant has given a compliance statement for specialist work, the local government must approve the application to the extent it relates to the specialist work if satisfied the work, if carried out in compliance with the permit applied for, will comply with the code requirements for the work.(6)For deciding an application to amend a permit, the local government may, but need not, consider a matter mentioned in subsection (1) to (5) if the local government—(a)has already considered the matter in deciding the application for the issue of the permit or a previous application to amend the permit; and(b)is satisfied—(i)there has been no material change in relation to the matter; and(ii)it is not necessary to consider the matter for the application to amend the permit.
48 Issuing or amending permit
If the local government decides to approve the application, the local government must—
(a)issue a permit, or an amended permit, in the approved form, to the applicant; and(b)give a copy of the permit, or amended permit, to—(i)if the applicant is not the permit holder—the permit holder; and(ii)if the applicant is not the owner of the premises—the owner of the premises; and(iii)if a distributor-retailer supplies a water service or sewerage service for the premises—the distributor-retailer; and(iv)if the work involves installing a water meter and the local government is not the water service provider for the premises—the water service provider.
49 Failure to decide application
(1)This section applies if the local government does not decide the application within the required period after—(a)the applicant has made the application; or(b)if the local government has given the applicant an information request—the applicant has complied with the notice.(2)The local government is taken to have decided to refuse the application.(3)In this section—required period means—(a)for a fast-track application or fast-track amendment application—(i)2 business days; or(ii)if a longer period is agreed between the local government and the applicant—the longer period; or(b)for another application—(i)10 business days; or(ii)if a longer period is agreed between the local government and the applicant—the longer period.
50 Information notice about decisions
(1)Subsection (2) applies if the local government decides to—(a)approve the application and issue the permit, or amended permit, with a condition mentioned in section 46(1)(a)(ii); or(b)refuse the application.(2)The local government must give the applicant an information notice about the decision.(3)If, under section 49, the local government is taken to have decided to refuse the application, the applicant is entitled to be given an information notice about the decision.Note—
For an appeal against a decision mentioned in subsection (1) or (3), see the Planning Act 2016, schedule 1, section 1, table 3, items 3 and 5.
Division 3 Permits issued by public sector entities
51 Application of division
This division applies if a public sector entity is about to carry out, or to arrange to have carried out, any of the following work under a permit, for the benefit of the public sector entity or another public sector entity—
(a)permit work;(b)notifiable work;(c)both permit work and notifiable work.
52 Applying for a permit
(1)A person may apply for a permit to carry out the work—(a)to the public sector entity under this division; or(b)to the local government under division 2.(2)An application under subsection (1)(a) must—(a)be in the approved form; and(b)be accompanied by the documents as required under schedule 6.
53 Public sector entity deciding application
(1)The public sector entity must consider an application made under section 52(1)(a) and decide to—(a)approve the application with—(i)for an application relating to work for a treatment plant of a type the subject of a treatment plant approval—the conditions of the approval; and(ii)any other conditions the entity considers reasonable and relevant for carrying out the work; or(b)refer the application to the local government to decide under division 2.(2)The public sector entity may approve the application if satisfied—(a)after assessing each plan mentioned in schedule 6, part 2 accompanying the application, the plan complies with the code requirements for the work to which the application relates; and(b)for an application relating to a greywater use facility that includes a greywater treatment plant, other than a greywater (cooling tower) treatment plant, in a sewered area—(i)the premises where the facility is proposed to be installed generates more than 3kL of greywater a day; and(ii)the treatment plant is of a type for which a treatment plant approval has been granted; and(iii)the proposed work complies with the treatment plant approval; and(iv)greywater can be diverted to sanitary drainage by a manual diversion device; and(v)greywater will automatically overflow to sanitary drainage if the facility’s filtering or irrigation system is not working properly; and(c)for an application relating to a greywater use facility that includes a greywater treatment plant not in a sewered area—(i)the treatment plant is of a type for which a treatment plant approval has been granted; and(ii)the proposed work complies with the treatment plant approval; and(d)for an application relating to a greywater use facility that includes a greywater (cooling tower) treatment plant in a sewered area to treat greywater, other than kitchen greywater—the treatment plant will be able to treat the greywater to the required standard; and(e)for an application relating to a secondary on-site sewage treatment plant—(i)the treatment plant is of a type for which a treatment plant approval has been granted; and(ii)the proposed work complies with the treatment plant approval; and(f)for an application relating to SEQ water work, written consent for the work has been given by—(i)the local government; or(ii)if the local government is not the water service provider for the premises—the water service provider; and(g)for an application relating to SEQ sewerage work, written consent for the work has been given by—(i)the local government; or(ii)if the local government is not the sewerage service provider for the premises—the sewerage service provider.
54 Issue of permit by public sector entity
If the public sector entity decides to approve the application, the entity must—
(a)issue a permit, in the approved form, to the applicant; and(b)give a copy of the permit to—(i)if the applicant is not the owner of the premises—the owner of the premises; and(ii)the local government; and(iii)if a distributor-retailer supplies a water service or sewerage service for the premises—the distributor-retailer; and(iv)if the work involves installing a water meter and the local government is not the water service provider for the premises—the water service provider.
55 Notice of referral to local government
If the public sector entity decides to refer the application to the local government under section 53(1)(b), the public sector entity must give the applicant notice of the decision.
56 Failure of public sector entity to decide application
(1)If the public sector entity does not decide the application within the required period, the entity is taken to have decided to refer the application to the local government.(2)In this section—required period means the following period after receiving the application—(a)10 business days;(b)if a longer period is agreed between the public sector entity and the applicant—the longer period.
57 Amendment of permit
(1)If the public sector entity has issued a permit under section 54, the permit may be amended by agreement between the entity and the permit holder.(2)If a permit is amended under subsection (1), the public sector entity must—
(a)issue the amended permit, in the approved form, to the permit holder; and(b)give a copy of the amended permit to each entity to which a copy of the permit was required to be given under section 54(b).
Division 4 Effect and duration of permits
58 Permit attaches to premises
A permit—(a)attaches to the premises to which the permit relates; and(b)binds the owner, the owner’s successors in title, and any occupier of the premises.
59 Duration of permit
(1)A permit takes effect the day the permit is issued.(2)A permit ends—(a)for a permit relating to installing a treatment plant of a type the subject of a treatment plant testing approval—the day, that is no more than 1 year after the permit takes effect, stated in the permit; or(b)otherwise—(i)the day, that is at least 2 years after the permit takes effect, stated in the permit; or(ii)if the term of the permit is extended on application under section 43(2)(a)—at the end of the extended term.(3)If a local government has issued a permit and has not given a final inspection certificate for work carried out under the permit at least 3 months before the permit is to end, the local government must give notice of the day the permit is to end to—(a)the permit holder; and(b)if the permit holder is not the owner of the premises to which the permit relates—the owner of the premises.
Part 6 Inspecting, enforcing and certifying permit work and notifiable work
Division 1 Preliminary
60 What this part is about
This part is about—
(a)inspecting work and alternative procedures for deciding whether or not work is compliant; and(b)procedures for assessing work; and(c)giving action notices for work; and(d)giving inspection certificates and final inspection certificates for work.
61 When work is compliant—Act, s 69
(1)For section 69(2) of the Act, the prescribed matters that permit work must comply with to be compliant are the matters mentioned in subsection (3).(2)Notifiable work must also comply with the matters mentioned in subsection (3) to be compliant.(3)The permit work or notifiable work is compliant if—(a)the work complies with the code requirements for the work; and(b)each thing installed as part of the work is a thing to which any of section 65(1)(a) to (f) of the Actapplies; and(c)for work carried out under a permit, the work—(i)complies with the permit and any conditions of the permit; and(ii)is consistent with the approved plans for the work.
Division 2 Inspecting work under permits
Subdivision 1 Inspecting work under permit issued by local government
62 Application of subdivision
(1)This subdivision applies in relation to work carried out under a permit issued by a local government.(2)However, this subdivision does not apply if the responsible person for the work gives a local government a remote area compliance notice for the work and the local government accepts the notice under section 73.
63 Request for work to be inspected
(1)The responsible person for the work must make a request, complying with subsection (3), to the local government to inspect the work—(a)if any part of the plumbing or drainage resulting from, or affected by, the work is to be covered—before the part is covered, subject to subsection (2); and(b)if the work relates to a greywater use facility including a land application area—no later than 5 business days after the irrigation for the facility is installed; and(c)if the work is on-site sewage work for an on-site sewage facility—no later than 5 business days after all the pipes for the facility are connected; and(d)if the permit includes a condition requiring an inspection at a stage of the work stated in the permit—no later than 5 business days after the stage has been reached; and(e)if an inspector has given the person an action notice requiring the person to make the request—within the period stated in the notice; and(f)no later than 5 business days after the plumbing or drainage resulting from, or affected by, the work has become operational.Maximum penalty—20 penalty units.
(2)Drainage below ground level resulting from, or affected by, on-site sewage work may be partially covered before it is inspected if a cross-section of the drainage is left uncovered for inspection.Example of drainage for subsection (2)—
subsurface irrigation in a land application area(3)A request under subsection (1) may be made orally or by notice to the local government.(4)Subsection (5) applies if the responsible person—(a)is not the person who applied for the permit; or(b)is not the last person who asked for the work to be inspected.(5)Before the responsible person asks the local government to inspect the work, the responsible person must give the local government a notice, in the approved form, stating the responsible person’s name and contact details.Maximum penalty—20 penalty units.
64 Inspecting work for compliance
(1)This section applies if the responsible person for the work makes a request under section 63 for the local government to inspect the work.(2)An inspector must start inspecting the work within—(a)1 hour after the time agreed between the local government and the responsible person; or(b)if a time is not agreed—48 hours after the responsible person asks the local government to inspect the work.Note—
See section 87 for the consequences of not inspecting the work under subsection (2).(3)An inspector does not fail to comply with subsection (2) only because the inspector can not enter the premises to which the permit relates.(4)The responsible person must give an inspector the help the inspector reasonably requires to inspect the work unless the person has a reasonable excuse.Maximum penalty for subsection (4)—20 penalty units.
65 Covering plumbing and drainage
The responsible person for the work must not cover any plumbing or drainage resulting from, or affected by, the work before an inspector inspects the work, unless—
(a)an inspector has allowed the plumbing or drainage to be covered; or(b)for work that is on-site sewage work—(i)the responsible person ensures the drainage is only partially covered under section 63(2); or(ii)the local government has allowed an on-site sewage work declaration to be given for the work under section 69.
66 Action notice for covering plumbing or drainage
(1)This section applies if—(a)the responsible person covers plumbing or drainage resulting from, or affected by, the work before an inspector has inspected the work; and(b)the inspector inspecting the work reasonably believes the responsible person has failed to comply with section 65.(2)The inspector may give the responsible person an action notice requiring the person to take action to help the inspector assess whether the work is compliant, including, for example, any of the following—(a)giving the local government a covered work declaration for the work;(b)inserting a camera into the plumbing or drainage to allow the inspector to inspect the work;(c)uncovering the plumbing or drainage to the extent necessary to enable the inspector to assess whether the work is compliant.(3)An action notice given under subsection (2) may state different actions in relation to different parts of the work.Note—
For general requirements for giving an action notice under subsection (2), see section 97.
67 Allowing covered work declaration to be given if inspection delayed
(1)This section applies if—(a)the responsible person has asked the local government to inspect the work under section 63(1); and(b)an inspector has not started to inspect the work within the period mentioned in section 64(2)(a) or (b); and(c)the responsible person covers plumbing or drainage resulting from, or affected by, the work before an inspector has inspected the work.(2)Despite section 64, the local government may, instead of inspecting the work under that section, allow the responsible person to give the local government a covered work declaration for the work.
Subdivision 2 Inspecting work under permit issued by public sector entity
68 Inspection of work by public sector entity or local government
(1)This section applies in relation to work carried out under a permit issued by a public sector entity.(2)The public sector entity may inspect the work or ask the local government to inspect the work.(3)The local government may inspect the work if the public sector entity has asked the local government to inspect the work under subsection (2).
Division 3 Alternatives to local government inspections
Subdivision 1 Declarations for on-site sewage work
69 Declaration that on-site sewage work is compliant
(1)This section applies to the extent the work carried out under a permit issued by a local government is on-site sewage work.(2)Despite section 64, the local government may, instead of inspecting the work under that section, allow an appropriate person to give the local government a declaration in the approved form (an on-site sewage work declaration), stating that the person—(a)has inspected the on-site sewage work; and(b)is satisfied the work is compliant.(3)In this section—appropriate person means a person, other than a person who carried out the work, who the local government considers—(a)has appropriate knowledge about the design and function of the on-site sewage facility to which the work relates; and(b)is otherwise competent to make the declaration.
Subdivision 2 Notices for particular work in remote areas
70 Application of subdivision
This subdivision applies in relation to work carried out under a permit issued by a local government if—
(a)the local government is mentioned in schedule 7; and(b)the work is carried out in an area the local government has declared to be a remote area under section 71(1)(a); and;(c)the work is—(i)permit work the local government has declared to be eligible work under section 71(1)(b) (eligible work); or(ii)notifiable work (also eligible work).
71 Local government declarations about remote areas and eligible work
(1)The local government may, by resolution—(a)declare part of its local government area to be a remote area because of the area’s remoteness from the local government’s public office (a remote area declaration); and(b)declare particular permit work carried out in a remote area to be eligible work if the local government considers the work is of a type that, even if not inspected, will not be likely to adversely affect public health or safety, or the environment.(2)The local government must—(a)publish each declaration on its website; and(b)give the chief executive a copy of the declaration; and(c)ensure the declaration may be inspected, free of charge, at the local government’s public office; and(d)ensure each remote area declaration includes a map identifying the remote area.
72 Notice that all eligible work for premises is compliant and operational
(1)This section applies if all of the eligible work authorised for any or all of the premises under the permit has been carried out.(2)The responsible person for the work must, within 10 business days after the plumbing or drainage resulting from, or affected by, the work has become operational and fit for use, give the local government a notice in the approved form (a remote area compliance notice) stating—(a)the work is compliant; and(b)the plumbing or drainage is operational and fit for use.Maximum penalty—20 penalty units.
(3)The responsible person for the work may authorise a suitably qualified person to prepare and give the remote area compliance notice for the responsible person under subsection (2).
73 Acceptance of remote area compliance notice from suitably qualified person
(1)This section applies if a suitably qualified person gives, or purports to give, a remote area compliance notice for the responsible person for work to a local government.(2)The local government must decide to—(a)accept the remote area compliance notice, if the local government is satisfied the person is a suitably qualified person for giving the notice; or(b)otherwise, refuse to accept the notice.(3)The local government must, within 5 business days after receiving the remote area compliance notice, give the responsible person a notice (the decision notice) stating whether the local government has accepted or refused to accept the notice.(4)If the local government refuses to accept the remote area compliance notice, the local government must ensure the decision notice includes, or is accompanied by, an information notice about the decision.(5)The local government is taken to have decided to refuse to accept the remote area compliance notice if the local government does not give the responsible person a decision notice within the period required under subsection (3).(6)If, under subsection (5), the local government is taken to have decided to refuse to accept the remote area compliance notice, the responsible person is entitled to be given an information notice about the decision.Note—
For an appeal against a decision mentioned in subsection (2)(b) or (5), see the Planning Act 2016, schedule 1, section 1, table 3, items 3 and 5.(7)In this section—suitably qualified person includes a person who purports to be a suitably qualified person.
Division 4 Assessment and compliance procedures
Subdivision 1 Preliminary
74 Application of division
This division applies in relation to work carried out under a permit issued by a local government.
Subdivision 2 Minor plan amendments
75 Amending approved plan with minor inconsistency to represent work carried out
(1)This section applies if the local government considers—(a)the work carried out under the permit is not correctly represented in an approved plan for the work because of a minor inconsistency between the plan and the work; and(b)other than for paragraph (a), the work carried out under the permit is compliant.(2)The local government may amend the approved plan so the plan correctly represents the work carried out under the permit.
Subdivision 3 Testing or commissioning plumbing or drainage
76 Requirement to test or commission plumbing or drainage
(1)An inspector may require the responsible person for the work to—(a)test or commission plumbing or drainage resulting from, or affected by, the work in the inspector’s presence; or(b)ensure another licensee carries out the testing or commissioning in the inspector’s presence; or(c)ensure a competent person carries out the testing or commissioning, without an inspector being present, within 10 business days after the requirement is made.(2)The person testing or commissioning plumbing or drainage under subsection (1) must carry out the testing or commissioning in compliance with the code requirements for testing or commissioning the work.(3)In this section—competent person means a person—(a)who holds a licence authorising the person to carry out the testing or commissioning; or(b)whom the local government considers is competent to carry out the testing or commissioning.
77 Requirement for testing or commissioning report
(1)This section applies if—(a)an inspector requires the responsible person for the work to ensure a competent person tests or commissions plumbing or drainage under section 76(1)(c) or an action notice; and(b)the competent person carries out the testing or commissioning.(2)The competent person must prepare and sign a report in the approved form (a testing or commissioning report) stating—(a)that the person tested or commissioned the plumbing or drainage; and(b)that the plumbing or drainage was tested or commissioned in compliance with the code requirements for testing or commissioning the work; and(c)whether the work relating to the plumbing or drainage complies with the code requirements for the work; and(d)if the work relating to the plumbing or drainage does not comply with the code requirements for the work—how the work does not so comply.Maximum penalty—20 penalty units.
(3)The competent person must give the testing or commissioning report to the responsible person within 5 business days after the testing or commissioning is finished.Maximum penalty—20 penalty units.
(4)If the responsible person is given a testing or commissioning report under subsection (3), the responsible person must give the report to the local government within—(a)10 business days after the testing or commissioning is finished; or(b)if before the end of the 10 business days, the local government decides the report may be given within a longer period—the longer period.Maximum penalty—20 penalty units.
Subdivision 4 Giving action notices
78 Criteria for giving action notice for work
An inspector may give an action notice to the responsible person for the work (the relevant work) carried out under the permit if—
(a)the inspector has inspected the relevant work and is not satisfied the work is compliant; orExamples of reasons an inspector may not be satisfied work is compliant—
•the work has been covered before the inspector has inspected it•the inspector requires further information about whether or not a thing that is part of the work is a thing to which section 65(1)(a) to (f) of the Actapplies(b)the inspector has inspected the relevant work and considers there is a substantial inconsistency between the work and the permit or an approved plan for the work; orExample for paragraph (b)—
The local government dealt with the application for the permit as a fast-track application and the inspector considers the relevant work includes permit work that is not fast-track permit work.(c)the inspector has, under section 76(1)(c), required the responsible person to ensure a competent person tests or commissions plumbing or drainage resulting from, or affected by, the relevant work and either of the following applies—(i)the inspector considers the responsible person has contravened section 77(4);(ii)the testing or commissioning report prepared by the competent person states that the work, or part of the work, does not comply with the code requirements for the work.
79 Requirements for action notice
(1)If the inspector decides to give an action notice under section 78(a) or (b), the inspector must give the notice within 2 business days after carrying out the inspection.(2)An action notice given under section 78(a) may require the responsible person to take stated action, including, for example—(a)carrying out stated work; and(b)requesting, within a stated period, a further inspection of any work required to be carried out under the notice; and(c)giving the local government a declaration in the approved form that stated work is compliant; and(d)giving the local government particular information about the relevant work, including, for example, information about whether or not a thing that is part of the work is a thing to which section 65(1)(a) to (f) of the Actapplies; and(e)arranging for the testing or commissioning of plumbing or drainage resulting from, or affected by, the relevant work in the way mentioned in section 76(1)(a), (b) or (c) or in another way.(3)An action notice given under section 78(b) may require the responsible person to—(a)do all of the following—(i)stop carrying out stated work;(ii)apply, under part 5, division 2, to amend the permit to authorise stated work;(iii)ensure no further work of a stated type is carried out unless the permit is amended as mentioned in subparagraph (ii); or(b)give the local government, within a stated period or at a stated stage of the work, an as-constructed drawing that correctly represents the relevant work.(4)An action notice given under section 78(c) may require the responsible person to arrange for the further testing or commissioning of plumbing or drainage resulting from, or affected by, the relevant work in the way mentioned in section 76(1)(c) or in another way.Note—
For the general requirements for the form and content of an action notice, see section 97.
Division 5 Inspection and final inspection certificates
Subdivision 1 Preliminary
80 Inspection certificate—Act, sch 1
For schedule 1 of the Act, definition inspection certificate, an inspection certificate is a certificate, in the approved form—
(a)given by a local government or a public sector entity about work authorised under a permit issued by the local government or entity; and(b)certifying—(i)that a particular part of the work has been carried out; and(ii)the work that has been carried out is compliant; and(iii)if, when the certificate is given, any plumbing or drainage resulting from, or affected by, the work is operational and fit for use—the plumbing or drainage is operational and fit for use.
81 Final inspection certificate—Act, sch 1
(1)For schedule 1 of the Act, definition final inspection certificate, a final inspection certificate is a certificate, in the approved form—(a)given by a local government or a public sector entity about work authorised under a permit issued by the local government or entity; and(b)certifying that the following work has been carried out—(i)for work authorised under a permit for only 1 premises—all of the work;(ii)for work authorised under a permit for 2 or more premises—all of the work for 1 or more of the premises; and(c)certifying—(i)the work that has been carried out is compliant; and(ii)the plumbing or drainage resulting from, or affected by, the work is operational and fit for use.(2)If a final inspection certificate is given under subsection (1)(b)(ii) for work authorised under the permit for some but not all of the premises, a later final inspection certificate may relate only to work for premises for which a final inspection certificate has not already been given.(3)This section applies in relation to work carried out under the permit for premises whether or not an inspection certificate has already been given for part of the work.
Subdivision 2 Certificates given by local government
82 Application of subdivision
This subdivision applies in relation to work carried out under a permit issued by a local government.
83 Local government giving inspection certificate for work
(1)The local government must give an inspection certificate for the work to the responsible person for the work if—(a)the person makes a written request to the local government for an inspection certificate for the work; and(b)the work comprises only part of the work authorised to be carried out under the permit for premises; and(c)any of the following applies—(i)an inspector for the local government has inspected the work and the local government is satisfied the work is compliant;(ii)the local government has been given a covered work declaration for the work under section 66(2)(a) or 67(2);(iii)the local government has been given an on-site sewage work declaration for the work under section 69(2).(2)Subsection (1) is subject to section 85.(3)The local government must give the certificate within 2 business days after the following day—(a)if the work has been inspected and subsection (1)(c)(i) applies—the day the work was inspected;(b)if the local government has been given a covered work declaration or on-site sewage work declaration for the work—the day the declaration was given.
84 Local government giving final inspection certificate for work
(1)The local government must give a final inspection certificate for the work to the responsible person for the work if—(a)the work comprises—(i)all of the work authorised to be carried out under the permit; or(ii)for a permit authorising work to be carried out for 2 or more premises—all of the work authorised to be carried out under the permit for 1 or more of the premises; and(b)any of the following applies—(i)an inspector for the local government has inspected the work and the local government is satisfied the work is compliant;(ii)the local government has been given a covered work declaration for the work under section 66(2)(a) or 67(2);(iii)the local government has been given an on-site sewage work declaration for the work under section 69(2);(iv)the local government has accepted a remote area compliance notice for the work; and(c)the local government is satisfied the plumbing or drainage resulting from, or affected by, the work is operational and fit for use.(2)Subsection (1)—(a)applies subject to section 85; and(b)does not require a local government to give a final inspection certificate for work for which the local government has already given a final inspection certificate.(3)Subject to subsection (4), the local government must give the certificate within 2 business days after the following day—(a)if the work has been inspected and subsection (1)(b)(i) applies—the day the work was inspected;(b)if the local government has been given a covered work declaration for the work—the day the declaration was given;(c)if the local government has been given an on-site sewage work declaration for the work—the day the declaration was given;(d)if the local government has accepted a remote area compliance notice for the work—the day the notice was accepted.(4)If 2 or more of subsection (3)(a), (b), (c) or (d) apply to parts of the work for which a final inspection certificate is to be given, the local government must give the certificate within 2 business days after the latest day as required under subsection (3)(a), (b), (c) or (d).
85 When local government is not required to give certificate
The local government is not required to give the responsible person for work an inspection certificate or final inspection certificate for the work if—
(a)the local government or an inspector has given the person an action notice relating to the work or part of the work; and(b)any of the following applies—(i)the person has not complied with the action notice;(ii)if the person has appealed against the decision to give the action notice—the appeal has not ended;(iii)if the action notice requires the person to apply to amend the permit—the local government has not issued an amended permit in response to the application.
86 Giving copies of final inspection certificate
(1)The local government must, within 2 business days after giving a final inspection certificate for work under section 84, give a copy of the certificate to—(a)the permit holder; and(b)if the permit holder is not the owner of the premises—the owner of the premises; and(c)if the work involves installing a water meter and the local government is not the water service provider for the premises—the water service provider.(2)Subsection (3) applies if—(a)the local government is a participating local government for a distributor-retailer; and(b)the distributor-retailer, by notice given to the local government, asks the local government to give the distributor-retailer—(i)a copy of a stated type of final inspection certificate issued by the local government, including the plans for the work to which the certificate relates; or(ii)stated information about prescribed water meters installed on premises in the local government area.(3)The local government must comply with the notice as soon as practicable.(4)In this section—prescribed water meter see section 58(3) of the Act, definition prescribed water meter.
87 Failure of local government to give certificate
(1)This section applies if—(a)the responsible person for the work asks the local government to inspect the work under section 63 and an inspector does not inspect the work as required under section 64(2); or(b)there is a dispute between the responsible person and the local government about whether the local government should have given the person an inspection certificate for work under section 83 or a final inspection certificate for work under section 84.(2)The local government is taken to have decided to refuse to give the inspection certificate or final inspection for the work to the responsible person.(3)If, under subsection (2), the local government is taken to have decided to refuse to give an inspection certificate or final inspection certificate, the responsible person is entitled to be given an information notice about the decision.Note—
For an appeal against the decision, see the Planning Act 2016, schedule 1, section 1, table 3, item 5.
Subdivision 3 Certificates given by public sector entity
88 Application of subdivision
This subdivision applies in relation to work carried out under a permit issued by a public sector entity.
89 Public sector entity giving inspection certificate for work
The public sector entity must give an inspection certificate for the work to the responsible person for the work if—
(a)the person makes a written request to the entity for an inspection certificate for the work; and(b)the work comprises only part of the work authorised to be carried out under the permit for premises; and(c)the entity or an inspector for the local government has inspected the work; and(d)the entity is satisfied the work is compliant.
90 Public sector entity giving final inspection certificate for work
(1)The public sector entity must give a final inspection certificate for the work to the responsible person for the work if—(a)the work comprises—(i)all of the work authorised to be carried out under the permit; or(ii)for a permit authorising work to be carried out for 2 or more premises—all of the work authorised to be carried out under the permit for 1 or more of the premises; and(b)the entity or an inspector for the local government has inspected the work; and(c)the entity is satisfied—(i)the work is compliant; and(ii)the plumbing or drainage resulting from, or affected by, the work is operational and fit for use.(2)Subsection (1) does not require a public sector entity to give a final inspection certificate for work for which the entity has already given a final inspection certificate.
91 Giving copies of final inspection certificate
If the public sector entity gives a final inspection certificate for work under section 90, the entity must give a copy of the certificate to—
(a)the permit holder; and(b)if the permit holder is not the owner of the premises—the owner of the premises; and(c)the local government; and(d)if a distributor-retailer supplies a water service or sewerage service for the premises—the distributor-retailer; and(e)if the work involves installing a water meter and the local government is not the water service provider for the premises—the water service provider.
Division 6 Inspecting notifiable work not under permit
92 Application of division
This division applies in relation to notifiable work carried out for premises that is not the subject of a permit.
93 References to occupier of premises
In this division, a reference to the occupier of premises includes, if the occupier is not the owner of the premises, a reference to the owner.
94 Inspection of notifiable work on request of responsible person
(1)This section applies if the responsible person for the notifiable work asks the local government to inspect the work.(2)An inspector must start inspecting the work within—(a)1 hour after the time agreed between the local government and the responsible person; or(b)if a time is not agreed—48 hours after the responsible person asks the local government to inspect the work.(3)An inspector does not fail to comply with subsection (2) only because the inspector can not enter the premises.
95 Inspection of notifiable work on request of local government
(1)This section applies if—(a)the relevant person for the notifiable work has given the commissioner a notice about the work under section 83(1) of the Act(a completion notice); and(b)within 1 year after the completion notice is given, the local government contacts the occupier of the premises to arrange to inspect the work.(2)An inspector may, with the consent of the occupier, inspect the notifiable work to check it complies with the code requirements for the work.
96 Action notice for non-compliant notifiable work
(1)This section applies if an inspector inspects the notifiable work under section 94 or 95 and is not satisfied the notifiable work or a part of the work is compliant.(2)The inspector may, within 2 business days after finishing the inspection, give the responsible person for the notifiable work an action notice stating the actions the person must take to remedy the matter mentioned in subsection (1) (the stated actions), including, for example—(a)carrying out particular work; and(b)if work is required to be carried out—requesting a further inspection of the work within a stated period; and(c)giving the inspector particular information about the work, including, for example, information about any materials used for the work; and(d)uncovering plumbing or drainage resulting from, or affected by, the work to the extent necessary to enable the inspector to assess whether the work is compliant.(3)However, the stated actions may include uncovering plumbing or drainage as mentioned in subsection (2)(d) only if the inspector reasonably suspects the work is not compliant.
Division 7 Requirements for action notices
97 Form and content of action notice
(1)This section applies if, under a provision of this regulation (the enabling provision), a local government or an inspector decides to give an action notice to the responsible person for plumbing or drainage work to take action in relation to the work.(2)The action notice must state—(a)the reason for the decision; andExample of a reason—
the local government or inspector is not satisfied a stated part of the work is compliant(b)the facts and circumstances that form the basis for the reason; and(c)the particular action the person must take in relation to the work to remedy the matters stated in the notice under paragraphs (a) and (b); and(d)the period, that is at least 2 business days after the notice is given, in which the action must be taken; and(e)that it is an offence for the responsible person to fail to comply with the notice, unless the person has a reasonable excuse; and(f)any other information as required under the enabling provision.(3)The action notice must also be accompanied by, or include, an information notice about the decision to give the notice.Note—
For an appeal against the decision, see the Planning Act 2016, schedule 1, section 1, table 3, item 3.
98 Requirement to comply with action notice
(1)This section applies if a local government or an inspector gives the responsible person for work an action notice.(2)The responsible person must, unless the person has a reasonable excuse, comply with the notice within—(a)the period for taking action stated in the notice (the stated period); or(b)if, before the end of the stated period, a longer period is decided by the local government or inspector—the longer period.Maximum penalty—20 penalty units.
(3)Also, if the local government or inspector considers the person has not complied with the action notice, the local government must give a copy of the notice to the owner of the premises within 5 business days after the end of the required period for compliance under subsection (2).Note—
For complying with a requirement in an action notice to apply under part 5, division 2, to amend a permit, see section 43(3).
Part 7 Installation, maintenance and related matters
99 Things approved for installation as plumbing or drainage—Act, s 65
(1)This section prescribes, for section 65(1)(f) of the Act, a thing that is approved for installation as plumbing or drainage.(2)A fire service product for a fire service is approved for installation as plumbing or drainage if the fire service product—(a)is recommended for installation in the fire service by—(i)a certification body; or(ii)a testing or approval body; and(b)is marked as required—(i)under a scheme endorsed by a certification body; or(ii)by a testing or approval body; and(c)has been tested as required—(i)under a method endorsed by a certification body; or(ii)by a testing or approval body; and(d)complies with subsection (4), if relevant.(3)Despite subsection (2), a fire service product for a fire service that is a fitting, pipe, pump or valve is also approved for installation as plumbing or drainage if the fire service product complies with—(a)either—(i)a relevant automatic fire sprinkler systems standard; or(ii)a relevant fire hydrant installations standard; and(b)subsection (4), if relevant.(4)If the fire service product is connected to a water service provider’s infrastructure, the fire service product must be installed downstream of an acceptable backflow prevention device.(5)In this section—acceptable backflow prevention device means a testable backflow prevention device that is a WaterMark product complying with the code requirements for plumbing or drainage work.certification body means a body accredited as a certification body by the Joint Accreditation System of Australia and New Zealand.fire service product, for a fire service, means a thing that is part of the fire service.relevant automatic fire sprinkler systems standard means a standard under any of the following designations as in force on the commencement—•AS 2118.1:2017•AS 2118.2—2010•AS 2118.3—2010•AS 2118.4—2012•AS 2118.5—2008•AS 2118.6—2012.relevant fire hydrant installations standard means a standard under any of the following designations as in force on the commencement—•AS 2419.1:2017•AS 2419.2—2009•AS 2419.3—2012.testing or approval body means a body that is recognised nationally or internationally for testing or approving fire services.
99A Temporary approval of urine diverting toilets for installation as plumbing or drainage—Act, s 65
(1)For section 65(1)(f) of the Act, a urine diverting toilet is approved for installation as plumbing or drainage work if—(a)the toilet is installed as part of the trial of urine diverting toilets—(i)undertaken by Queensland Urban Utilities and a university established under an Act or under the law of another State; and(ii)ending on 31 December 2032; and(b)the installation is carried out—(i)on land, other than residential premises, in the local government area of a participating local government; and(ii)in accordance with the written agreement of the owner of the land.(2)In this section—participating local government means the following local governments—(a)Brisbane City Council;(b)Ipswich City Council;(c)Lockyer Valley Regional Council;(d)Scenic Rim Regional Council;(e)Somerset Regional Council.Queensland Urban Utilities means the Central SEQ Distributor-Retailer Authority established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 8.residential premises means premises used, or intended to be used, as a place of residence or mainly as a place of residence.urine diverting toilet means a toilet designed to separate urine from faeces.
100 Installing water meters
(1)This section applies if plumbing work involves installing a water meter for—(a)a class 1 building on a lot that is part of a community titles scheme; or(b)a class 2 to 9 building.(2)The responsible person for the work must, at least 2 business days before the plumbing work is covered, give notice that the water meter has been installed to the water service provider for the building.Maximum penalty—20 penalty units.
101 Testable backflow prevention device—obligation of local government
A local government must establish a program for—
(a)registering each testable backflow prevention device installed at premises in its local government area; and(b)monitoring the maintenance and testing of each device.
102 Testable backflow prevention device—obligations of owner of premises
(1)This section applies if a testable backflow prevention device is installed at premises in a local government area, whether the device is installed for the first time or to replace a device already at the premises.(2)The owner of the premises must register the testable backflow prevention device, by giving notice, in the approved form, to the local government.Maximum penalty—20 penalty units.
(3)However, the owner of the premises need not comply with subsection (2) if—(a)the device has already been registered under subsection (2) after being installed under subsection (1); or(b)a licensee has installed the device under section 103(1)(a) and given the local government notice of the installation as mentioned in section 103(3); or
(ii)any vulnerable body of water that may be affected by effluent from the facility; and(b)the location of, and connection points for, any existing on-site sewage facility at the premises; and(c)the proposed location of, and connection points for, any proposed on-site sewage facility at the premises; and(d)the ground levels and drainage invert levels to show whether sanitary drains can gravity feed to the connection point for the on-site sewage treatment plant forming part of the facility.(2)If the work relates to a land application area, the plans must also show—(a)the proposed location of the area; and(b)the layout of drainage for the area; and(c)how the effluent is to be applied to the area; and(d)the distances from the area to—(i)the boundaries of the premises; and(ii)any existing or proposed buildings or structures on the premises; and(iii)any impervious surfaces on the premises including, for example, paths or paved areas.(3)The application must also be accompanied by—(a)details about the type and size of the on-site sewage treatment plant; and(b)if the on-site sewage facility includes a secondary on-site sewage treatment plant—a copy of the treatment plant approval for the treatment plant; and(c)a site and soil evaluation report for the premises.
6 Documents supporting a performance solution
(1)This section applies to an application if, for the application, a performance solution is proposed to be used to comply with a performance requirement of—(a)the Queensland Plumbing and Wastewater Code; or(b)the Plumbing Code of Australia.(2)The application must be accompanied by—(a)a document stating—(i)each performance requirement the performance solution is intended to satisfy; and(ii)details of the performance solution, including, for example, how the performance solution differs from the deemed-to-satisfy solution for the performance requirement; and(iii)how the performance solution will satisfy the performance requirement; and(iv)details of the test results and other information relied on to develop the performance solution; and(b)any document certifying technical details or drawings for the performance solution provided by a competent person for developing the performance solution.(3)In this section—competent person, for developing a performance solution, means any of the following persons—(a)a person who holds a licence under the Queensland Building and Construction Commission Act 1991 under which the person is qualified to develop the solution;(b)a registered professional engineer for an area of engineering relevant to developing the solution;(c)another person the local government deciding the application considers is competent to develop the solution.
7 Documents supporting an alternative solution
(1)This section applies to an application if, for the application, an alternative solution under the Queensland Development Code is proposed to be used to comply with a performance criteria of the code.(2)The application must be accompanied by—(a)a document that states—(i)each performance criteria the alternative solution is intended to satisfy; and(ii)details of the alternative solution, including, for example, how the alternative solution differs from the performance criteria; and(iii)how the alternative solution will satisfy the performance criteria; and(iv)details of the test results and other information relied on to develop the alternative solution; and(b)any document certifying technical details or drawings for the alternative solution provided by a competent person for developing the alternative solution.(3)In this section—competent person, for developing an alternative solution, means any of the following persons—(a)a person who holds a licence under the Queensland Building and Construction Commission Act 1991 under which the person is qualified to develop the solution;(b)a registered professional engineer for an area of engineering relevant to developing the solution;(c)another person the local government deciding the application considers is competent to develop the solution.
Part 4 Requirements for plans
8 General requirements for plans accompanying applications
(1)This section applies if under part 2 or 3 an application is required to be accompanied by a plan.(2)The plan must—(a)be drawn to scale; and(b)for an application other than a fast-track application or fast-track amendment application—show enough detail to allow the local government deciding the application to assess the work to which the plan relates; and(c)show the relevant details of the person who designed the plumbing or drainage work on—(i)each page of the plan; or(ii)a page at the front of the plan that refers to each other page of the plan.(3)In this section—relevant details, of the person who designed the plumbing or drainage work, means—(a)the person’s name; and(b)if the person is licensed or registered under a law of the State to practise in the aspect relevant to the work—the person’s licence number or registration number; and(c)if the work relates to a greywater use facility or an on-site sewage facility and paragraph (b) does not apply—enough information about the person’s qualifications and experience to allow the local government to decide whether the person is qualified to design the facility.
Schedule 7 Local governments that may declare remote areas
section 70(a)
Aurukun Shire Council
Balonne Shire Council
Banana Shire Council
Barcaldine Regional Council
Barcoo Shire Council
Blackall-Tambo Regional Council
Boulia Shire Council
Bulloo Shire Council
Burke Shire Council
Carpentaria Shire Council
Cassowary Coast Regional Council
Central Highlands Regional Council
Charters Towers Regional Council
Cloncurry Shire Council
Cook Shire Council
Croydon Shire Council
Diamantina Shire Council
Doomadgee Aboriginal Shire Council
Etheridge Shire Council
Flinders Shire Council
Hinchinbrook Shire Council
Hope Vale Aboriginal Shire Council
Isaac Regional Council
Kowanyama Aboriginal Shire Council
Lockhart River Aboriginal Shire Council
Longreach Regional Council
Mapoon Aboriginal Shire Council
Maranoa Regional Council
Mareeba Shire Council
McKinlay Shire Council
Mornington Shire Council
Mount Isa City Council
Murweh Shire Council
Napranum Aboriginal Shire Council
Northern Peninsula Area Regional Council
Palm Island Aboriginal Shire Council
Paroo Shire Council
Pormpuraaw Aboriginal Shire Council
Quilpie Shire Council
Richmond Shire Council
Tablelands Regional Council
Torres Shire Council
Torres Strait Island Regional Council
Whitsunday Regional Council
Winton Shire Council
Woorabinda Aboriginal Shire Council
Wujal Wujal Aboriginal Shire Council
Schedule 7A Required standard for greywater from greywater (cooling tower) treatment plants
section 103B(4)
column 1 | column 2 |
Parameter | Required concentration or value |
five-day biochemical oxygen demand (BOD5) | less than 5mg/L |
turbidity | less than 2 NTU |
free available chlorine | more than 0.5mg/L |
heterotrophic colony count | less than 500 cfu/100mL |
E. coli | no detectable cfu/100mL |
Total legionella count | no detectable cfu/100mL |
pH | from 6 to 8.5 |
Schedule 8 Fees
sections 14(1)(d), 118(1), 122 and 123
Fee units | ||
1 | Application for a plumbers licence alone (Act, s 16(c)(ii)), if the licence is to be granted for— | |
(a) 1 year | 148.15 | |
(b) 2 years | 226.35 | |
(c) 3 years | 304.50 | |
(d) 4 years | 382.65 | |
(e) 5 years | 460.80 | |
2 | Application for a drainers licence alone (Act, s 16(c)(ii)), if the licence is to be granted for— | |
(a) 1 year | 148.15 | |
(b) 2 years | 226.35 | |
(c) 3 years | 304.50 | |
(d) 4 years | 382.65 | |
(e) 5 years | 460.80 | |
3 | Combined application for a plumbers licence and a drainers licence (Act, s 16(c)(ii)), if the licences are to be granted for— | |
(a) 1 year | 296.30 | |
(b) 2 years | 374.45 | |
(c) 3 years | 452.60 | |
(d) 4 years | 530.75 | |
(e) 5 years | 608.95 | |
4 | Application for a restricted licence (Act, s 16(c)(ii)), if the licence is to be granted for— | |
(a) 1 year | 91.65 | |
(b) 2 years | 169.80 | |
(c) 3 years | 247.95 | |
(d) 4 years | 326.10 | |
(e) 5 years | 404.25 | |
5 | Request to assess the equivalence of an alternative qualification for a licence mentioned in item 1, 2 or 4 (s 14(1)(d)) | 29.55 |
6 | Application for a provisional licence (Act, s 16(c)(ii)) | 68.70 |
7 | Application for an endorsement on a licence (Act, s 28(c)(ii))—for each endorsement | 16.15 |
8 | Application to renew, or application to restore, a plumber licence, drainer licence or restricted licence— | |
(a) for an applicant who is an employee of a registered training organisation (Act, s 31(2)(c) or 33(2)(c)), if the licence is to be renewed or restored for— | ||
(i) 1 year | 22.95 | |
(ii) 2 years | 45.85 | |
(iii) 3 years | 68.80 | |
(iv) 4 years | 91.75 | |
(v) 5 years | 114.65 | |
(b) for an applicant who has given a statutory declaration stating the applicant is retired and does not intend to carry out work for payment (Act, s 31(3) or 33(3)), if the licence is to be renewed or restored for— | ||
(i) 1 year | 22.95 | |
(ii) 2 years | 45.85 | |
(iii) 3 years | 68.80 | |
(iv) 4 years | 91.75 | |
(v) 5 years | 114.65 | |
(c) for another applicant (Act, s 31(2)(c) or 33(2)(c)), if the licence is to be renewed or restored for— | ||
(i) 1 year | 78.15 | |
(ii) 2 years | 156.30 | |
(iii) 3 years | 234.45 | |
(iv) 4 years | 312.65 | |
(v) 5 years | 390.85 | |
9 | Additional fee for an application to restore a plumber licence, drainer licence or restricted licence (s 122) | 78.15 |
10 | Application for review of the conditions of a licence (Act, s 35(3)(b)) | 68.70 |
11 | Application to replace a licence (Act, s 42(2)(b)) | 29.55 |
12 | Request for a certified copy of a licence (Act, s 43) | 29.55 |
13 | Administration fee (s 123) | 71.40 |
14 | Notice of notifiable work (Act, s 83(1)(b)), given by— | |
(a) a relevant person that is a public sector entity | nil | |
(b) another relevant person— | ||
(i) if the notice is given in electronic form | 32.55 | |
(ii) if the notice is given in hard copy form | 43.95 |
Schedule 9 Associated QBCCA licences for occupational licences
section 119
Column 1 | Column 2 |
1 plumbers licence | plumbing and drainage licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 18 |
2 drainers licence | plumbing and drainage licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 18 |
3 water plumber—gas licence mentioned in schedule 4, part 3, item 1 for the scope of work stated in part 3, item 1, column 2 of that schedule | gasfitting licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 36 |
4 water plumber—irrigation licence mentioned in schedule 4, part 3, item 3 for the scope of work stated in part 3, item 3, column 2 of that schedule | irrigation licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 21 |
5 water plumber—fire protection (hydrants and hose reels) licence mentioned in schedule 4, part 3, item 4 for the scope of work stated in part 3, item 4, column 2 of that schedule | fire protection—water-based fire system stream—install and maintain licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 26, section 1(3) fire protection—water-based fire system stream—install and maintain—restricted to commercial and industrial types licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 26, section 1(4) fire protection—water-based fire system stream—install and maintain—restricted to domestic and residential types licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 26, section 1(5) |
6 water plumber—fire protection (commercial and industrial) licence mentioned in schedule 4, part 3, item 5 for the scope of work stated in part 3, item 5, column 2 of that schedule | fire protection—water-based fire system stream—install and maintain licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 26, section 1(3) fire protection—water-based fire system stream—install and maintain—restricted to commercial and industrial types licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 26, section 1(4) |
7 water plumber—fire protection (domestic and residential) licence mentioned in schedule 4, part 3, item 6 for the scope of work stated in part 3, item 6, column 2 of that schedule | fire protection—water-based fire system stream—install and maintain licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 26, section 1(3) fire protection—water-based fire system stream—install and maintain—restricted to domestic and residential types licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 26, section 1(5) |
8 water plumber—water and sanitary licence mentioned in schedule 4, part 3, item 7 for the scope of work stated in part 3, item 7, column 2 of that schedule | mechanical services—plumbing licence mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 48 |
9 drainer—on-site sewage facility licence (maintenance) mentioned in schedule 4, part 3, item 8 for the scope of work stated in part 3, item 8, column 2, paragraph (a) of that schedule | drainage—on-site sewage facility licence (maintenance) mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 20, section 1(1) |
10 drainer—on-site sewage facility licence (maintenance and installation) mentioned in schedule 4, part 3, item 8 for the scope of work stated in part 3, item 8, column 2, paragraph (b) of that schedule | drainage—on-site sewage facility licence (maintenance and installation) mentioned in the Queensland Building and Construction Commission Regulation 2018, schedule 2, part 20, section 1(2) |
Schedule 10 Dictionary
section 3
48 hours means a period of 48 hours excluding any day that is not a business day within that period.
Example—
A period of 48 hours after 10a.m. on a Friday is 10a.m on the next Tuesday, if the next Monday and Tuesday are business days.
accepted representations see section 29(2).
affected treatment plant, for part 4, division 3, see section 25.
air-conditioning unit means a unit of plant providing air conditioning and incorporating a cooling tower.
alternative qualification see section 14(1)(b).
applicant, for an application, means the person who made the application.
approved plan, for work, means—
(a)a plan for the work that accompanied the application for, or an application to amend, the permit for the work; or
(b)if the local government or public sector entity issuing or amending the permit changed the plan before issuing or amending the permit—the plan as changed; or
(c)the plan as amended under section 75.
AS 1546.3:2017 means the Australian Standard that is currently in force under that designation.
AS 1546.4:2016 ...
AS 2870—2011 means the Australian Standard that is currently in force under that designation.
AS/NZS means a joint Standards Australia and Standards New Zealand standard.
automatic switching device see the Queensland Plumbing and Wastewater Code.
backflow prevention licensee, for maintaining and testing a testable backflow prevention device, means a licensee whose licence authorises the licensee to maintain and test the device.
class, with a reference to a number, means a building or structure that is classified under the Plumbing Code of Australia as a class of building or structure with that number.
combined sanitary drain means a sanitary drain for receiving discharges from 2 or more neighbouring premises, other than a sanitary drain owned by the sewerage service provider for the premises.
commission, in relation to plumbing or drainage, means to check—
(a)the operation of the plumbing or drainage to confirm each component of the plumbing or drainage is functioning correctly; or
(b)the temperature of hot water at an outlet is not more than the maximum temperature allowed for the hot water under the Plumbing Code of Australia.
community titles scheme means a community titles scheme under the Body Corporate and Community Management Act 1997.
compliance statement, for specialist work for which a person has applied for a permit, means a statement, in the approved form and prepared by a suitably qualified person, that the work will comply with the code requirements for the work if it is carried out in compliance with the permit applied for.
compliant, in relation to plumbing or drainage work, see section 69(2) of the Act.
conformity assessment requirements means the miscellaneous publication 101:2017 ‘On-site domestic wastewater treatment—Conformity assessment requirements for AS 1546.3 and AS 1546.4’ published by Standards Australia.
connection point means a point where—
(a)a service provider’s water supply system connects to a supply pipe; or
(b)a service provider’s sewerage system connects to a sanitary drain or sewer.
cooling tower—
(a)means a device for lowering the temperature of water by evaporative cooling in which atmospheric air passes through sprayed water exchanging heat; and
(b)includes a device of a type mentioned in paragraph (a) incorporating a refrigerant or water heat exchanger.
covered includes covered by a floor slab, cladding, lining or soil.
covered work declaration means a declaration, in the approved form, for work that has been covered, stating that the work is compliant.
deemed-to-satisfy solution means a deemed-to-satisfy solution within the meaning of—
(a)the Queensland Plumbing and Wastewater Code; or
(b)the Plumbing Code of Australia.
distributor-retailer see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 8.
double check valve see the glossary.
dual check valve with atmospheric port see the glossary.
dual reticulated water supply means a water supply that consists of—
(a)a network utility operator’s supply; and
(b)recycled water.
eligible work see section 70(c).
existing, in relation to a building, means the building has—
(a)drainage; and
(b)a water supply.
existing treatment plant approval ...
fast-track amendment application see section 38.
fast-track application see section 38.
fast-track opt-out declaration see section 40(1).
fast-track permit work see section 37.
fast-track work declaration see section 39(1).
fire hose reel see the glossary.
fire hydrant see the glossary.
fire protection occupational licence see the Queensland Building and Construction Commission Act 1991, section 30C.
fire protection work see the Queensland Building and Construction Commission Act 1991, schedule 2.
fire service see the glossary.
float valve see the glossary.
former section 35, for part 4, division 5, see section 33.
further transitional treatment plant approval, for part 4, division 5, see section 33.
greywater (cooling tower) treatment plant see section 103B(1)(b).
ground level see the glossary.
holder, of a treatment plant approval, means—
(a)a person who has been granted the approval under section 20; or
(b)a person who is recorded as the holder of the approval under section 24(3)(a).
impervious surface means a surface that is not usually penetrated by water.
information notice, about a decision, means a notice stating—
(a)the decision; and
(b)the reasons for the decision; and
(c)that the person to whom the notice is given may appeal to a tribunal against the decision; andNote—
The person may start an appeal within the appeal period under the Planning Act 2016. See section 229 of that Act.
(d)how to appeal against the decision.
information request see section 45(2).
inspection opening see the glossary.
installation see the glossary.
invert level see the glossary.
irrigation see the glossary.
isolating valve see the glossary.
jumper valve see the glossary.
local government application fee means—
(a)for an application made to the Brisbane City Council—the fee fixed by the council for the application under the City of Brisbane Act 2010, section 99(1) and (2)(a); or
(b)for an application made to another local government—the fee fixed by the local government for the application under the Local Government Act 2009, section 97(1) and (2)(a).
network utility operator see the glossary.
occupier, for part 6, division 6, see section 93.
on-site sewage work means building, installing or altering an on-site sewage facility, including for testing purposes.
on-site sewage work declaration see section 69(2).
OSTP installation work means—
(a)installing a treatment plant the subject of a treatment plant approval; or
(b)establishing a land application area.
outlet see the glossary.
participating local government see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 5(1).
performance solution means a performance solution under—
(a)the Queensland Plumbing and Wastewater Code; or
(b)the Plumbing Code of Australia.
permit holder, for a permit, means the person to whom the permit was issued.
pipe see the glossary.
premises, in relation to an application, permit, inspection certificate, final inspection certificate or action notice for work, means the premises to which the application, permit, certificate or notice relates.
prescribed PCA provision see section 9.
prescribed QDC part see section 10.
prescribed water meter ...
pressure type vacuum breaker see the glossary.
previous Queensland Plumbing and Wastewater Code, for part 4, division 5, see section 33.
properly made application see section 44(4).
public office see—
(a)for the Brisbane City Council—the City of Brisbane Act 2010, section 241; or
(b)for another local government—the Local Government Act 2009, section 261.
recycled water see the glossary.
reduced pressure zone device see the glossary.
registered air gap means an air gap complying with the requirements for a registered air gap in AS/NZS 3500.1:2003.
registered break tank means a break tank complying with the requirements for a registered break tank in AS/NZS 3500.1:2003.
registered professional engineer means a registered professional engineer under the Professional Engineers Act 2002.
relevant work, for part 6, division 4, subdivision 4, see section 78.
remote area means an area within a local government area declared by the local government to be a remote area under section 71(1)(a).
remote area compliance notice see section 72(2).
required standard, for treating greywater other than kitchen greywater, means the required standard mentioned in section 103B(4) and to which schedule 7A relates.
sanitary plumbing work means installing, altering, extending, disconnecting, taking away, maintaining or testing sanitary plumbing.
secondary on-site sewage treatment plant means an on-site sewage treatment plant that produces effluent of a quality equal to or higher than secondary quality effluent.
secondary quality effluent see the Queensland Plumbing and Wastewater Code.
SEQ service provider, for SEQ water work or SEQ sewerage work, means—
(a)for work in the Gold Coast City Council’s local government area—the Gold Coast City Council; or
(b)for work in the Logan City Council’s local government area—the Logan City Council; or
(c)for work in the Redland City Council’s local government area—the Redland City Council; or
(d)otherwise—the distributor-retailer for the geographic area, under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, in which the work has been or is to be carried out.
SEQ sewerage work means permit work that involves connecting to, disconnecting from, or altering a connection to, an SEQ service provider’s infrastructure for supplying a sewerage service.
SEQ water work means permit work that involves connecting to, disconnecting from, or altering a connection to, an SEQ service provider’s water infrastructure.
service provider means—
(a)generally—a sewerage service provider or water service provider; and
(b)in relation to work or an application, permit, inspection certificate or final inspection certificate for work—the service provider that supplies a water service or sewerage service for the premises where the work has been, or is to be, carried out.
sewerage service see the Water Supply (Safety and Reliability) Act 2008, schedule 3.
show cause notice see section 28(2).
show cause period see section 28(3)(d).
site and soil evaluation report see the Queensland Plumbing and Wastewater Code.
specialist work see section 45(1)(b).
structure see the Building Act 1975, schedule 2.
suitably qualified person, for giving a notice, statement or other document to a local government, means—
(a)a person who—(i)holds a licence to carry out plumbing or drainage work relevant to the work to which the document relates; and(ii)has the experience and skills the local government considers appropriate for preparing and giving the document; or
(b)a person who holds a licence under the Queensland Building and Construction Commission Act 1991 for building work relevant to the plumbing or drainage work to which the document relates; or
(c)a registered professional engineer for an area of engineering relevant to the work to which the document relates; or
(d)another person the local government considers is competent to prepare and give the document.
supply pipe means a pipe for supplying water within premises.
tank see the glossary.
temperature control device see section 72(2) of the Act, definition temperature control device.
test see the glossary.
testable backflow prevention device means any of the following backflow prevention devices—
(a)a double check valve;
(b)a pressure type vacuum breaker;
(c)a reduced pressure zone device;
(d)a registered air gap;
(e)a registered break tank;
(f)a testable single check valve.
testable single check valve means a device to prevent backflow caused by back pressure that—
(a)has a 1-force loaded non-return valve; and
(b)incorporates specific test points for in-service testing.
testing or commissioning report see section 77(2).
thermostatic mixing valve see the glossary.
toilet cistern has the meaning given to a water closet (WC) cistern in the glossary.
trade waste means water-borne waste from business, manufacturing or trade premises, other than—
(a)a prohibited substance under section 75(4) of the Act, definition prohibited substance; or
(b)human waste; or
(c)stormwater.
transitional treatment plant approval, for part 4, division 5, see section 33.
trap see the glossary.
vent see the glossary.
vulnerable body of water means underground water or a creek, lake, lagoon, marsh, river, stream, swamp or permanent or intermittent watercourse that may be affected by—
(a)greywater from a greywater diversion device or greywater treatment plant; or
(b)effluent from an on-site sewage facility.
water infrastructure see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 53BB(1).
water plumbing work means installing, altering, extending, disconnecting, taking away, maintaining or testing water plumbing.
water supply see the glossary.
work means plumbing or drainage work.
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0