Residential Tenancies Amendment Regulation (No. 1) 2008 (Qld)

Queensland Residential Tenancies Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 79 made under the ResidentialTenanciesAct1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 27A Prescribed water efficiency levels—Act, s 91A(8) . . . 2 5 Insertion of new s 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 40 Transitional provision for Residential Tenancies Amendment Regulation (No. ..) 2008 . . . . . . . . . . . . . 3 6 Amendment of sch 1 (General tenancy agreements). . . . . . . . . . 4 7 Amendment of sch 2 (Moveable dwelling tenancy agreements) . 5 8 Amendment of sch 3 (State tenancy agreements) . . . . . . . . . . . . 5

Residential Tenancies Amendment Regulation (No. 1) 2008 [s 1] 1 Short title This regulation may be cited as the Residential Tenancies Amendment Regulation (No. 1) 2008 . 2 Commencement This regulation commences on 1 April 2008. 3 Regulation amended This regulation amends the Residential Tenancies Regulation2005. 4 Insertion of new s 27A After section 27— insert— ‘27A Prescribed water efficiency levels—Act, s 91A(8) ‘(1) For section 91A(8) of the Act, the following levels of water efficiency are prescribed— (a) for toilets—a dual flush toilet with— (i) a maximum water volume of 6.5L for a full flush and 3.5L for a half flush; and (ii) an average flush volume of not more than 4L; (b) for shower heads—a maximum flow rate of 9L a minute; (c) for internal cold water taps installed over a hand basin, kitchen sink or laundry trough—a maximum flow rate of 9L a minute; (d) for all other internal cold water taps—a maximum flow rate of 30L a minute. ‘(2) For subsection (1)(a)(ii), the average flush volume of a dual flush toilet is the volume worked out using the following formula— Page 2 2008 SL No. 79

Residential Tenancies Amendment Regulation (No. 1) 2008 [s 5] AV = - F- -- F- ---- + ----- ( -- 4- ---- × ----- H- --- F- ---- ) 5 where— AV means the average flush volume. FF means the volume of water used for a full flush. HF means the volume of water used for a half flush. Example — A toilet using 6L for a full flush and 3L for a half flush would have an average flush volume of 3.6L. ‘(3) In this section— maximum flow rate , for a shower head or tap, means the maximum volume of water that can flow through the shower head or tap as installed. maximum water volume , for a full or half flush of a dual flush toilet, means the maximum volume of water used for each full or half flush.’. 5 Insertion of new s 40 After section 39— insert— ‘40 Transitional provision for Residential Tenancies Amendment Regulation (No. 1) 2008 ‘(1) This section applies to a fixed term agreement in force immediately before the commencement. ‘(2) Schedule 1, part 2, section 17 and schedule 3, part 2, section 16 (the relevant sections ), as in force immediately before the commencement, continue to apply to the agreement. ‘(3) However, on 1 April 2009— (a) subsection (2) stops having effect for the agreement; and (b) the relevant sections, as amended by the amendment regulation, apply to the agreement. ‘(4) In this section— 2008 SL No. 79 Page 3

Residential Tenancies Amendment Regulation (No. 1) 2008 [s 6] amendment regulation means the Residential Tenancies Amendment Regulation (No. 1) 2008. commencement means the commencement of this section.’. 6 Amendment of sch 1 (General tenancy agreements) (1) Schedule 1, part 2, section 17— omit, insert— ‘17 Water service charges—ss 90(1A) and 91A ‘(1) The tenant must pay an amount for the water consumption charges for the premises if— (a) the tenant is enjoying or sharing the benefit of a water service to the premises; and (b) the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and (c) this agreement states for item 11.2 that the tenant must pay for water supplied to the premises. Note — A water consumption charge does not include the amount of a water service charge that is a fixed charge for the water service. ‘(2) However, the tenant does not have to pay an amount— (a) that is more than the amount of the water consumption charges payable to the relevant water supplier; or (b) that is a fixed charge for the water service to the premises. ‘(3) Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 91A of the Act. Note — For details about water efficiency, see the information statement. Page 4 2008 SL No. 79

Residential Tenancies Amendment Regulation (No. 1) 2008 [s 7] ‘(4) In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 94(3A)(a) to (e) of the Act. ‘(5) The tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents about the incurring of the amount. ‘(6) In this clause— water consumption charge , for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises. Note — If there is a dispute about how much water (or any other service charge) the tenant should pay, the lessor or the tenant may attempt to resolve the dispute by conciliation. See the information statement for details. ’. (2) Schedule 1, part 2, section 30(1)(a)— omit, insert— ‘(a) a burst water service or serious water service leak;’. 7 Amendment of sch 2 (Moveable dwelling tenancy agreements) Schedule 2, part 2, section 30(1)(a)— omit, insert— ‘(a) a burst water service or serious water service leak;’. 8 Amendment of sch 3 (State tenancy agreements) (1) Schedule 3, part 2, section 16— omit, insert— ‘16 Water service charges—ss 90(1A) and 91A ‘(1) The tenant must pay an amount for the water consumption charges for the premises if— (a) the tenant is enjoying or sharing the benefit of a water service to the premises; and 2008 SL No. 79 Page 5

Residential Tenancies Amendment Regulation (No. 1) 2008 [s 8] (b) the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and (c) this agreement states for item 11.2 that the tenant must pay for water supplied to the premises. Note — A water consumption charge does not include the amount of a water service charge that is a fixed charge for the water service. ‘(2) However, the tenant does not have to pay an amount— (a) that is more than the amount of the water consumption charges payable to the relevant water supplier; or (b) that is a fixed charge for the water service to the premises. ‘(3) Also, the tenant does not have to pay an amount for a reasonable quantity of water supplied to the premises for a period if, during the period, the premises are not water efficient for section 91A of the Act. Note — For details about water efficiency, see the information statement. ‘(4) In deciding what is a reasonable quantity of water for subclause (3), regard must be had to the matters mentioned in section 94(3A)(a) to (e) of the Act. ‘(5) The tenant must pay the amount of the charge to the lessor within 1 month of the lessor giving the tenant copies of relevant documents about the incurring of the amount. ‘(6) In this clause— water consumption charge , for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises. Note — If there is a dispute about how much water (or any other service charge) the tenant should pay, the lessor or the tenant may attempt to resolve the dispute by conciliation. See the information statement for details. ’. Page 6 2008 SL No. 79

Residential Tenancies Amendment Regulation (No. 1) 2008 [s 8] (2) Schedule 3, part 2, section 29(1)(a)— omit, insert— ‘(a) a burst water service or serious water service leak;’. ENDNOTES 1 Made by the Governor in Council on 27 March 2008. 2 Notified in the gazette on 28 March 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Housing. © State of Queensland 2008 2008 SL No. 79 Page 7