Plumbing and Drainage Act
2018
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, 2019 is approved.
Note—
See, however, section 33.
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
s 9 amd 2022
SL No. 171
s 3
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.
s 14 amd 2020
SL No. 119
s 11
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.
s 16 amd 2022
SL No. 171
s 4
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; or
Examples 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)
AS 1546.4:2016; 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 particular existing
treatment plant approvals, see section 35.
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
Special
provisions for existing treatment plant approvals
32
Definitions for division
In this division—
existing treatment plant
approval means a treatment plant approval
mentioned in section 169 of the Act.
previous Queensland Plumbing and
Wastewater Code means the document called
‘Queensland Plumbing and Wastewater Code’ published by the
department on 26 October 2017.
33
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 an
existing 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 or matter in the repealed Act or repealed Standard Plumbing and
Drainage Regulation 2003 is taken to be
a reference to the corresponding provision or matter in the
Act or this regulation.
(4)
This section stops applying in relation to
work for an existing treatment plant approval—
(a)
when the approval is no longer in
force; or
(b)
if the holder of the approval
applies to renew the approval under section 34 and the
application is approved—when the renewed approval is
no longer in force.
(5)
In this section—
corresponding provision,
for a provision of the repealed Act or repealed Standard Plumbing
and Drainage Regulation 2003,
means a provision of the Act or this regulation that
is substantially the same as the provision of the
repealed Act or repealed Standard Plumbing
and Drainage Regulation
2003.
34
Renewing an existing treatment plant approval
(1)
The holder of an existing treatment plant
approval may, while the approval remains in force, but before 1
January 2021, apply to the chief executive to renew the approval
under this section.
(2)
Subject to subsections (3) and (4), division 1 applies to the
application to renew the existing treatment plant approval as if
the application were an application for the approval under that
division.
(3)
Section 19 does not apply for
deciding the application.
(4)
The chief executive may decide to approve the
application if satisfied a treatment plant of the type the
subject of the application will, under the renewed treatment
plant approval, comply with the previous Queensland Plumbing and
Wastewater Code as approved under section 33.
(5)
This section does not apply if an application
to renew the existing treatment plant approval has previously
been made under this section.
35
Duration of renewed existing treatment plant approval
(1)
This section applies if the holder of an
existing treatment plant approval applies to renew the approval
under section 34 and the approval is
renewed.
(2)
The treatment plant approval remains in force
until the beginning of 1 January 2024.
(3)
This section applies despite section 23.
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; or
Note—
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.
s 46 amd 2022
SL No. 171
s 5
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.
s 47 amd 2022
SL No. 171
s 6
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.
s 50 amd 2022
SL No. 171
s 7
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.
s 52 amd 2022
SL No. 171
s 8
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.
s 53 amd 2022
SL No. 171
s 9
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 Act applies; 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; or
Examples 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 Act applies
(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; or
Example 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 Act applies; 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.
s 86 amd 2022
SL No. 171
s 10
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;
and
Example 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.
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.
s 100 amd 2022
SL No. 171
s 11
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
(c)
a backflow prevention licensee has
maintained and tested the device and given the local
government notice of the maintenance and testing as
mentioned in section 103(3).
(4)
The owner of the premises must also arrange for a
backflow prevention licensee to maintain and test the device at
least once each year after the device is registered.
Maximum penalty—20 penalty units.
103
Testable
backflow prevention device—obligation of licensee
(1)
This section applies if a licensee carries out the
following work (the relevant work)—
(a)
installing a testable backflow
prevention device at premises, whether for the first
time or to replace a device previously installed;
(b)
removing a testable backflow
prevention device from premises.
(2)
This section also applies if the owner of premises
where a testable backflow prevention device is installed arranges
for a backflow prevention licensee to maintain and test the device
(also the relevant work), whether to comply with section 102(4) or an enforcement notice.
(3)
The licensee must, within 10 business days after
carrying out the relevant work, give notice of the relevant work in
the approved form to—
(a)
the local government; and
(b)
the owner of the premises.
Maximum penalty—20 penalty units.
103A
Prescribed use of greywater—Act, s 79
(1)
This section applies to greywater, other than
kitchen greywater, from plumbing and drainage on premises in a
sewered area.
(2)
For section 79(5)(b) of the
Act, supplying
the greywater to a cooling tower that is a part of an
air-conditioning unit installed on the premises is prescribed as a
use of the greywater.
s 103A ins 2022
SL No. 171
s 12
103B
Capacity
for greywater (cooling tower) treatment plant and required standard for
greywater—Act, s 79
(1)
This section applies if—
(a)
greywater, other than kitchen
greywater, is discharged into a greywater use facility
on premises in a sewered area; and
(b)
the greywater use facility includes a
greywater treatment plant (the greywater (cooling tower)
treatment plant)—
(i)
in which the greywater is
treated; and
(ii)
from which the greywater is
supplied to a cooling tower that is a part of an
air-conditioning unit installed on the
premises.
(2)
For section 79(5)(b)(ii) of the
Act, the capacity
for the greywater (cooling tower) treatment plant is 20kL or more of
treated greywater in a day.
(3)
For section 79(5)(b)(iii) of the
Act, the
prescribed standard to which the greywater is to be treated is the
required standard.
(4)
For subsection (3), the greywater is
treated to the required standard if each parameter for the treated
greywater stated in schedule 7A, column 1 is at the
concentration or value, or within the range of concentrations or
values, stated opposite the parameter in column 2 of the
schedule.
s 103B ins 2022
SL No. 171
s 12
104
Monitoring
particular types of greywater use facility—Act, s 136
For section 136 of the Act, the types of greywater use facilities
are each greywater use facility, consisting of a greywater treatment
plant, with or without a land application area, installed in a sewered
area.
s 104 amd 2022
SL No. 171
s 13
105
Monitoring
particular types of on-site sewage facility—Act, s 137
For section 137 of the Act, the types of on-site sewage facilities
are each on-site sewage facility that includes an on-site sewage
treatment plant of a type for which a treatment plant testing approval
has been granted.
106
Servicing
greywater use or on-site sewage facilities
(1)
A person who services a greywater use facility or
on-site sewage facility must, within 10 business days after
servicing the facility, give—
(a)
a service report to the owner of the
facility; and
(b)
a copy of the service report to the
local government.
Maximum penalty—20 penalty units.
(2)
In this section—
service report means a
report, in the approved form, about the condition of the
facility.
107
Maintenance of particular combined sanitary drains
(1)
This section applies if—
(a)
a combined sanitary drain serves 2 or
more premises, other than body corporate premises; and
(b)
the drain is obstructed or damaged,
including, for example, because of a tree root or a
breakage; and
(c)
the owners of the premises can not
agree on suitable and fair arrangements for removing the
obstruction or fixing the damage.
(2)
The local government may—
(a)
remove the obstruction or fix the
damage; and
(b)
fairly apportion the reasonable cost
of removing the obstruction or fixing the damage between
the owners; and
(c)
recover, as a debt from each owner,
the owner’s share of the cost.
(3)
In this section—
body corporate premises
means the lots, and any common property, included in—
(a)
a community titles scheme;
or
(b)
a plan under the Building Units
and Group Titles Act 1980.
108
Vents in
adjoining buildings
(1)
This section applies if—
(a)
a building (the new building) is built
next to another building of a lower height (the old building); and
(b)
because of the building work, it is
necessary to—
(i)
carry out plumbing or
drainage work affecting vents of the old building
(the affected vents); and
(ii)
change the affected vents to
comply with the code requirements for the plumbing
or drainage work.
(2)
The local government may, by notice to the owner
of the old building and the owner of the new building,
require—
(a)
the owner of the old building to
change the affected vents as required under subsection (1)(b)(ii); and
(b)
the owner of the new building to pay
the owner of the old building the reasonable cost of
changing the affected vents as mentioned in paragraph (a).
(3)
The owner of a building who is given a notice
under subsection (2) must comply with the
notice, unless the owner has a reasonable excuse.
Maximum penalty—20 penalty units.
(4)
However, the owner of the old building is not
required to change the affected vents until the owner of the new
building—
(a)
pays the owner of the old building the
reasonable cost of changing the affected vents; or
(b)
gives the owner of the old building
security, to the satisfaction of the old building’s
owner, for the reasonable cost of changing the affected
vents.
Part 8
Registers
Division 1
Registers kept by commissioner
109
Register of licensees—Act, s 41
(1)
For section 41(2) of the Act, the particulars for each
licensee are—
(a)
the licensee’s full name;
and
(b)
for each licence held by the
licensee—
(i)
the class of the licence;
and
(ii)
the licence number;
and
(iii)
any conditions of the
licence; and
(iv)
any endorsements on the
licence; and
(v)
the expiry date of the
licence.
(2)
The commissioner must make the information
mentioned in subsection (1) available to the
public on QBCC’s website.
110
Register of notices about notifiable work
(1)
The commissioner must keep a register of all
notices given under section 83(1) of the Act.
(2)
The commissioner must allow a person to—
(a)
inspect the register, free of
charge; or
(b)
buy a copy of an entry in the
register for not more than the reasonable cost of
producing the copy.
(3)
Subsection (2) is subject to
section 111.
111
Particular documents containing information to which public access is
restricted—Act, s 155
A notice given to the commissioner under section 83(1) of the Act is prescribed for section 155(4) of the Act.
Division 2
Registers kept by local governments
112
Register of permits and inspection certificates
(1)
A local government must keep a register
containing—
(a)
the plans and other documents
relating to each application for a permit made to
the local government, including any plans amended
under section 75; and
(b)
a copy of each permit issued by
the local government; and
(c)
a copy of each permit issued by a
public sector entity and given to the local
government under section 54(b); and
(d)
a copy of each inspection
certificate or final inspection certificate given by
the local government; and
(e)
a copy of each final inspection
certificate prepared by a public sector entity and
given to the local government under section 91(c).
(2)
The local government must keep a document
mentioned in subsection (1) in the register
until the building or structure to which the document relates is
demolished or removed.
113
Register of testable backflow prevention devices
(1)
A local government must keep a register
containing each notice given to the local government under
section 102(2) or 103(3).
(2)
The local government must keep a notice
mentioned in subsection (1) in the register
until the premises to which the notice relates are demolished or
removed.
114
Register for greywater use and on-site sewage facilities
(1)
A local government must keep a register
containing a copy of each service report for a greywater use
facility or on-site sewage facility given to the local
government under section 106.
(2)
The local government must keep a copy of a
service report mentioned in subsection (1) in the register
until the greywater use facility or on-site sewage facility to
which the report relates is demolished or removed.
115
Register of show cause and enforcement notices
(1)
A local government must keep a register
containing a copy of each show cause notice and enforcement
notice given by the local government.
(2)
The local government may remove a notice
mentioned in subsection (1) from the register
if the premises to which the notice relates are demolished or
removed.
116
Public
access to registers
(1)
This section applies in relation to a register
kept by a local government under this division.
(2)
The local government must allow a person
to—
(a)
inspect the register, free of
charge, at the local government’s public office;
or
(b)
buy a copy of an entry in the
register for not more than the reasonable cost of
producing the copy.
(3)
Subsection (2) is subject to
section 117.
117
Particular documents containing information to which public access is
restricted—Act, s 155
A register kept under this division is prescribed
for section 155(4) of the Act.
Part 9
Miscellaneous
provisions
Division 1
Fees
118
Fees
payable to QBCC
(1)
Schedule 8 sets out the fees
payable to QBCC for the matters stated in the schedule.
(2)
This section is subject to sections 119 to 123.
119
Fee
not payable for application for occupational licence for which there is
an associated QBCCA licence
(1)
This section applies if a person makes an
application (the relevant application) for the
grant, renewal or restoration of a licence (the occupational licence) mentioned
in schedule 9, column 1.
(2)
If the person holds an associated QBCCA
licence for the occupational licence, no fee is payable for the
relevant application for the occupational licence.
(3)
Subsections (4) and (5) apply if the person—
(a)
does not hold an associated QBCCA
licence for the occupational licence; and
(b)
has applied for, or asked for the
restoration of, an associated QBCCA licence for the
occupational licence under the Queensland
Building and Construction Commission Act
1991, section 33 or 39 (each the QBCCA
application).
(4)
The person is not required to pay the fee that
would, other than for this section, be payable for the relevant
application for the occupational licence unless the QBCCA
application is refused.
(5)
If the QBCCA application is refused and the
commissioner gives the person notice of the refusal, the person
must pay the fee for the relevant application for the
occupational licence within 5 business days after being given
the notice.
(6)
In this section—
associated QBCCA
licence, for an occupational licence mentioned
in schedule 9, column 1,
means a QBCCA licence of the class mentioned opposite
the occupational licence in column 2 of the
schedule.
QBCCA licence means a
contractor’s licence, nominee supervisor’s licence, site
supervisor’s licence or mechanical services occupational
licence under the Queensland
Building and Construction Commission Act
1991.
s 119 amd 2019
SL No. 213
s 4
120
Reduced application fee payable for later licence
(1)
This section applies if—
(a)
a person is the holder of a
licence (the first licence) that
has been granted for at least 1 year; and
(b)
the person applies for another
licence (a later licence) for the
period ending at the end of the day the first
licence expires.
(2)
The fee payable for the application for the
later licence is the relevant fee regardless of the period for
which the licence is proposed to be granted.
(3)
In this section—
relevant fee
means—
(a)
for an application for a
later licence that is a plumbers licence—the fee
mentioned in schedule 8, item 1(a);
or
(b)
for an application for a
later licence that is a drainers licence—the fee
mentioned in schedule 8, item 2(a);
or
(c)
for an application for a
later licence that is a restricted licence—the fee
mentioned in schedule 8, item
4(a).
121
Application fee not payable for renewing or restoring additional
licences
(1)
This section applies if a person—
(a)
applies to renew or restore 2 or
more licences in the same application; and
(b)
pays the highest application fee
for renewing or restoring 1 of the licences.
(2)
The person is not required to pay the
application fee for renewing or restoring any of the other
licences.
(3)
In this section—
application fee—
(a)
for renewing a licence—means
the relevant fee mentioned in schedule 8, item 8 for
an application to renew the licence; or
(b)
for restoring a
licence—means the relevant fee mentioned in
schedule 8, item 8 for
an application to restore the licence.
highest application
fee—
(a)
for renewing a licence—means
the application fee for renewing the licence that
is equal to, or more than, the application fee for
renewing each of the other licences; or
(b)
for restoring a
licence—means the application fee for restoring
the licence that is equal to, or more than, the
application fee for restoring each of the other
licences.
122
Additional application fee for restoring a licence
If a person applies to restore a licence, the
person must pay the fee mentioned in schedule 8, item 9 for the
application in addition to the relevant fee for the application
mentioned in item 8 of the schedule.
123
Administration fee for relevant application or request
(1)
Subsection (2) applies if—
(a)
a person makes a relevant
application or relevant request; and
(b)
the designated fee for the
application or request is payable.
(2)
The person must pay the administration fee for
the relevant application or relevant request in addition to the
designated fee for the application or request.
(3)
Subsection (4) applies if—
(a)
a person makes a relevant
application or relevant request and pays the
designated fee and administration fee for the
application or request; and
(b)
in the same financial year as the
person made the application or request, the person
makes another relevant application (the later application) or
relevant request (the later request).
(4)
Despite subsections (1) and (2), the administration fee for the
later application or later request is not payable by the
person.
Example—
A person applies for a plumbers licence
for 2 years, pays the application fee mentioned in schedule 8, item 1(b) and
the administration fee, and is granted the licence. The
person applies for an endorsement on the licence in the same
financial year as the person applied for the licence. The
person is not required to pay the administration fee for the
endorsement.
(5)
In this section—
administration fee means
the fee mentioned in schedule 8, item
13.
designated fee, for a
relevant application or relevant request, means—
(a)
the applicable fee mentioned
opposite the application or request in schedule 8; or
(b)
if the fee for the relevant
application is the fee payable under section 120—that
fee.
relevant application
means an application mentioned in schedule 8, item 1, 2,
3, 4, 6, 7, 8, 10 or 11.
relevant request means a
request mentioned in schedule 8, item 5 or
12.
Division 2
Other
matters
124
Qualifications and experience for appointment as inspector—Act, s 139
(1)
This section prescribes, for section 139(1) of the Act, the qualifications and
experience an authorised person must have to be appointed by a
local government as an inspector.
(2)
If the authorised person is to assess plans
for, or inspect, plumbing work, the person must—
(a)
hold a plumbers licence; or
(b)
have other qualifications and
experience the local government considers necessary
to enable the person to assess plans for, or
inspect, plumbing work competently.
(3)
If the authorised person is to assess plans
for, or inspect, drainage work, the person must—
(a)
hold a drainers licence; or
(b)
have other qualifications and
experience the local government considers necessary
to enable the person to assess plans for, or
inspect, drainage work competently.
(4)
If the authorised person is to assess plans
for, or inspect, on-site sewage facilities, the person
must—
(a)
hold a drainers licence with an
endorsement for on-site sewage facility maintenance;
or
(b)
hold a restricted licence for a
drainer—on-site sewage facility; or
(c)
have other qualifications and
experience the local government considers necessary
to enable the person to assess plans for, or
inspect, on-site sewage facilities competently.
125
Evidentiary aids
In a proceeding for section 107(2)(c), a certificate purporting to be
signed by the chief executive officer of a local government stating
any of the following matters is evidence of the matter—
(a)
a matter mentioned in section 107(1);
(b)
that stated work was carried out under
section 107(2)(a);
(c)
that a stated apportionment of cost
under section 107(2)(b) is a fair apportionment
of the cost.
Schedule 1
Notifiable
work
section 5
Part 1
Excluded
work
1
Particular work not included as notifiable work
Plumbing or drainage work of the type stated in
part 2 is not notifiable work if the
work is—
(a)
installing an appliance or fixture in
a building that is connected to—
(i)
a combined sanitary drain;
or
(ii)
a dual reticulated water
supply provided by a water service provider;
or
(b)
work for, or connected to, trade
waste; or
(c)
work that uses a performance
solution.
Part 2
Included
work
1
Extending etc. supply pipes
work necessary for extending, altering, replacing
or removing supply pipes, other than supply pipes for a fire
service, if the work is for—
•
an existing building; or
•
an extension to an existing class 1
building; or
•
a structure for an existing class 1
building
2
Fire
services
work necessary for extending or removing a fire
service, if the work is—
•
associated with a building development
approval under the Building Act
1975, schedule 2; and
•
for an existing class 2 to 9
building
3
Existing sanitary plumbing
work necessary for extending, altering, replacing or
removing sanitary plumbing, if the work is for an existing
building
4
Existing sanitary drainage
work necessary for extending, altering, replacing or
removing sanitary drainage, other than a combined sanitary drain, if the
work is for—
•
an existing class 1 or 10 building or
structure; or
•
an extension to an existing class 1
building; or
•
a structure for an existing class 1
building
5
Temperature control devices
work necessary for installing, replacing or removing a
temperature control device, if the work is for—
•
an existing building; or
•
an extension to an existing class 1
building; or
•
a structure for an existing class 1
building
6
Water
heaters
work necessary for installing, replacing or removing a
water heater, if the work is for—
•
an existing building; or
•
an extension to an existing class 1
building; or
•
a structure for an existing class 1
building
7
Backflow prevention devices
work necessary for installing, replacing or removing a
testable backflow prevention device or a dual check valve with
atmospheric port, if the work is for—
•
an existing building; or
•
an extension to an existing class 1
building; or
•
a structure for an existing class 1
building
8
Greywater treatment plants
work necessary for installing or replacing a greywater
use facility that includes a greywater treatment plant in a sewered
area, if the premises where the facility is proposed to be installed
generates no more than 3kL of greywater a day
9
Fixtures for class 1 or 10 buildings
work necessary for installing or relocating a fixture,
if the work is for—
•
an existing class 1 or 10 building or
structure; or
•
an extension to an existing class 1
building; or
•
a structure for an existing class 1
building
10
Fixtures for class 2 to 9 buildings of 1 or 2 storeys
work, other than for sanitary drainage, necessary for
installing or relocating a fixture, if the work is for an existing class
2 to 9 building of 1 or 2 storeys above ground
11
Sanitary drains
work necessary for sealing a sanitary drain upstream
from the connection point for a treatment plant or a service provider’s
sewerage system, if the work is for an existing building
12
Sealing supply pipes
work necessary for sealing a supply pipe downstream
from a water meter, if the work is for an existing class 2 to 9
building
sch 1 amd 2022
SL No. 171
s 14
Schedule 2
Minor work
section 6
work for premises necessary for the following—
•
unblocking sanitary plumbing or sanitary drainage
•
repairing a broken or damaged pipe
•
maintaining or repairing an apparatus
•
installing, replacing or removing an apparatus,
other than—
•
a dual check valve with atmospheric
port; or
•
a temperature control device; or
•
a testable backflow prevention device;
or
•
a water heater
•
maintaining, repairing, replacing or removing a
fitting or fixture
•
maintaining or repairing a greywater use facility
or an on-site sewage facility, other than repairing or maintaining
an irrigation system for the disposal of effluent from the facility
•
installing a greywater diversion device
•
maintaining, repairing or replacing a fire hydrant
or fire hose reel, unless schedule 3, section 2 applies to the work
•
sealing a supply pipe downstream from the water
meter for a class 1 or 10 building or structure
•
installing, removing or replacing an automatic
switching device for a rainwater tank
Schedule 3
Unregulated
work
section 7
1
Unregulated work generally
work for premises necessary for the following—
•
replacing a shower head or domestic water
filter cartridge
•
replacing a jumper valve or washer in a
tap
•
repairing or replacing a drop valve washer,
float valve washer or suction cup rubber in a toilet
cistern
•
replacing caps to ground level inspection
openings on a sanitary drain
•
cleaning or maintaining a ground level grate
for a trap on a sanitary drain
•
installing or maintaining an irrigation or
lawn watering system downstream from a tap, isolating valve or
backflow prevention device on the supply pipe for the watering
system
•
repairing or maintaining an irrigation system
for the disposal of effluent from a greywater use facility or
on-site sewage facility
2
Particular
work licensed under the Queensland Building and Construction Commission Act
1991
fire protection work for testing plumbing that is
carried out by a person who holds a fire protection occupational licence
or another licence under the Queensland Building and
Construction Commission Act 1991 that allows the
person to carry out the work
3
Incidental
unskilled tasks
tasks of an unskilled nature incidental to other plumbing
or drainage work
Example of a task for
section 3—
excavating or backfilling a trench
Schedule 4
Scope of work for
licences and endorsements
sections 13 and 15
Part 1
Plumbers
licence
Column 1
Licence
Column 2
Scope of work
1
plumbers licence
(a)
plumbing work, other than
plumbing work mentioned in part 4, column 2;
and
(b)
installation of fire collars
that is incidental to plumbing work, other than
plumbing work mentioned in part 4, column 2
sch 4 pt 1 sub 2020
SL No. 241
s 19
(1)
Part 2
Drainers
licence
Column 1
Licence
Column 2
Scope of work
1
drainers licence
(a)
drainage work below ground
level, other than drainage work mentioned in
part 5, column 2;
and
(b)
installation of fire collars
that is incidental to drainage work below ground
level, other than drainage work mentioned in
part 5, column 2
sch 4 pt 2 sub 2020
SL No. 241
s 19
(1)
Part 3
Restricted
licences
Column 1
Type of restricted licence
Column 2
Scope of work
1
water plumber—gas
connecting and disconnecting water
plumbing associated with replacing a gas hot water
heater
2
water plumber—
electrical
connecting and disconnecting water
plumbing associated with replacing an electric
resistance hot water heater
3
water
plumber—irrigation
water plumbing work restricted to
irrigation
4
water plumber—fire
protection (hydrants and hose reels)
(a)
installing, maintaining and
testing fire hydrants and fire hose reels;
and
(b)
installing fire collars, if
the installation is incidental to work mentioned
in paragraph (a)
5
water plumber—fire
protection (commercial and industrial)
(a)
installing, maintaining and
testing commercial and industrial fire sprinkler
systems; and
(b)
installing fire collars, if
the installation is incidental to work mentioned
in paragraph (a)
6
water plumber—fire
protection (domestic and residential)
(a)
installing, maintaining and
testing domestic and residential fire sprinkler
systems; and
(b)
installing fire collars, if
the installation is incidental to work mentioned
in paragraph (a)
7
water plumber—water and
sanitary
(a)
water plumbing work and
sanitary plumbing work; and
(b)
installing fire collars, if
the installation is incidental to work mentioned
in paragraph (a)
8
drainer—on-site sewage
facility
(a)
maintaining on-site sewage
facilities; or
(b)
carrying out OSTP
installation work and maintaining on-site sewage
facilities
sch 4 pt 3 amd 2020
SL No. 241
s 19
(2)
Part 4
Endorsements—plumbers or provisional plumbers licences
Column 1
Endorsement
Column 2
Scope of work
1
backflow prevention
testing, commissioning and
maintaining backflow prevention devices
2
thermostatic mixing valve
testing, commissioning and
maintaining thermostatic mixing valves
3
fire protection—commercial
and industrial
(a)
installing, maintaining and
testing commercial and industrial fire sprinkler
systems; and
(b)
installing fire collars, if
the installation is incidental to work mentioned
in paragraph (a)
4
fire protection—domestic and
residential
(a)
installing, maintaining and
testing domestic and residential fire sprinkler
systems; and
(b)
installing fire collars, if
the installation is incidental to work mentioned
in paragraph (a)
5
solar and heat pump hot
water system installation
(a)
installing, maintaining,
repairing, replacing and testing solar and heat
pump hot water systems; and
(b)
installing fire collars, if
the installation is incidental to work mentioned
in paragraph (a)
sch 4 pt 4 amd 2020
SL No. 241
s 19
(3)
Part 5
Endorsements—drainers or provisional drainers licences
Column 1
Endorsement
Column 2
Scope of work
1
on-site sewage facility
maintenance
maintaining on-site sewage
facilities
Schedule 5
Documents to
accompany treatment plant approval applications
section 16(3)(b)
1
Documents
for application for, or to amend, treatment plant approval
(1)
An application for, or to amend, a treatment plant
approval for a treatment plant of a particular type must be accompanied
by the following documents relating to a treatment plant of that
type—
(a)
a product specifications document
complying with section 2;
(b)
engineering drawings of the treatment
plant and each component, complying with section 3;
(c)
a product conformity evaluation
report;
(d)
a product conformity certificate;
(e)
each of the following documents prepared
by the manufacturer of the treatment plant—
(i)
an installation manual
complying with section 4;
(ii)
an owner’s operating manual
complying with section 5;
(iii)
an operation and maintenance
manual complying with section 6.
(2)
In this section—
conformity assessment body means
a conformity assessment body as defined in the conformity
assessment requirements.
product conformity certificate,
for a treatment plant of a particular type, means a certificate
of that name, issued by a conformity assessment body, certifying
that the treatment plant satisfies the requirements of AS
1546.3:2017 or AS 1546.4:2016.
product conformity evaluation
report, for a treatment plant of a particular
type, means a report of that name, issued by a conformity
assessment body, that evaluates the extent to which the
treatment plant conforms with AS 1546.3:2017 or AS
1546.4:2016.
2
Product
specifications document
The product specifications document for the treatment
plant must state—
(a)
the purpose of the treatment plant; and
(b)
the name, model and size of the treatment
plant; and
(c)
a description of the flow path for the
greywater or sewage being treated in the treatment plant;
and
(d)
how greywater or sewage is treated in the
treatment plant; and
(e)
the name, function, dimensions and, if
relevant, the capacity of each component of the treatment plant;
and
(f)
the materials making up each component of the
treatment plant.
3
Engineering drawings for treatment plant and components
(1)
The engineering drawings of the treatment plant must
include plan-view and cross-sectional view engineering drawings of the
treatment plant drawn to scale.
(2)
The engineering drawings of a component of the
treatment plant must include—
(a)
plan-view engineering drawings, drawn to
scale, showing the dimensions and capacity of the component;
and
(b)
cross-sectional view engineering drawings,
drawn to scale, showing the dimensions and capacity of the
component.
4
Installation manual
The installation manual for the treatment plant
must—
(a)
state—
(i)
the name, model and size of the
treatment plant; and
(ii)
how the treatment plant treats
greywater or sewage; and
(iii)
clear instructions for unloading
the treatment plant from a vehicle and unpacking it
in a way that ensures the treatment plant is not
damaged; and
(iv)
clear instructions for installing
the treatment plant; and
(b)
include—
(i)
a numbered list of the components
of the treatment plant; and
(ii)
diagrams or photographs
identifying each component; and
(iii)
a description of the way each
component is expected to function; and
(iv)
a description of the way the
treatment plant is expected to function when the
components are properly assembled and connected;
and
(v)
wiring schematics of the
electrical components of the treatment plant;
and
(vi)
a description of any training a
person must undergo and tools a person must use to
install the treatment plant; and
(vii)
a description of the procedure for
commissioning the treatment plant; and
(viii)
clear instructions for identifying
and solving problems that may be causing the
treatment plant to malfunction.
Example of type of instructions for subparagraph (viii)—
a troubleshooting
guide
5
Owner’s
operating manual
The owner’s operating manual for the treatment plant must
state the following—
(a)
the name, model and size of the treatment
plant;
(b)
the limitations of the treatment plant;
Examples for
paragraph (b)—
•
the capacity of the
treatment plant
•
the level to which greywater
or sewage can be treated in the treatment
plant
(c)
clear instructions about how the treatment
plant must be operated;
(d)
the type of greywater or sewage that can be
treated in the treatment plant;
(e)
how the treatment plant treats greywater or
sewage;
(f)
the types of substances that, if discharged
into the treatment plant, may adversely affect the treatment
plant or the environment;
(g)
the responsibilities of the owner of the
treatment plant for operating and maintaining the treatment
plant;
(h)
the actions that must be taken if the
treatment plant is to be used intermittently or not used for an
extended period;
(i)
clear instructions for identifying and solving
problems that may be causing the treatment plant to
malfunction.
6
Operation
and maintenance manual
The operation and maintenance manual for the treatment
plant must state—
(a)
the name, model and size of the treatment
plant; and
(b)
clear instructions about how the treatment
plant is to be operated; and
(c)
the recommended maintenance schedule for the
whole treatment plant and each component of the treatment plant;
and
(d)
the procedures for testing effluent from the
treatment plant, including for collecting samples and
interpreting the results of testing the samples; and
(e)
the type of greywater or sewage that can be
treated in the treatment plant; and
(f)
how the treatment plant treats greywater or
sewage; and
(g)
the types of substances that, if discharged
into the treatment plant, may adversely affect the treatment
plant or the environment; and
(h)
the recommended procedures for removing sludge
from the treatment plant, including by backwashing, at stated
intervals; and
(i)
clear instructions for identifying and solving
problems that may be causing the treatment plant to
malfunction.
Schedule 6
Documents to
accompany permit applications
sections 44(1)(b)(i)
and 52(2)(b)
sch 6 hdg amd 2022
SL No. 171
s 15
Part 1
Preliminary
1
Application of schedule
(1)
An application for, or to amend, a permit for
plumbing or drainage work must be accompanied by—
(a)
the documents as required under
part 2; and
(b)
the documents mentioned in each
section in part 3 that applies to
the application.
(2)
If an application is required under part 2 or 3 to be accompanied by a plan, the plan
must comply with the requirements under part 4.
Part 2
Required
documents for all applications
2
Documents for work for a class 1a or 10a building
(1)
This section applies to an application for, or to
amend, a permit for work, to the extent the work relates to a class
1a or 10a building.
(2)
The application must be accompanied by 1 or more
plans of the premises where the building is to be situated
showing—
(a)
the location of the proposed building
on the premises; and
(b)
a floor plan of the proposed building
showing any proposed sanitary fixtures; and
(c)
the elevations of the proposed
building.
(3)
If the proposed work involves installing sanitary
drainage, the application must also be accompanied by—
(a)
a site classification report,
complying with AS 2870—2011, for the premises; and
(b)
if the soil classification for the
premises under AS 2870—2011 is H, E or P—a design
showing the articulation of the sanitary drainage for
the premises.
3
Documents for other work
(1)
This section applies to an application for, or to
amend, a permit for work for premises, other than to the extent the
work relates to a class 1a or 10a building.
(2)
The application must be accompanied by 1 or more
plans of the premises showing—
(a)
the location of any existing or
proposed building or structure on the premises;
and
(b)
for a proposed building—
(i)
a floor plan showing any
proposed sanitary fixtures; and
(ii)
the elevations; and
(c)
the location on the premises, and
dimensions, of each connection point to—
(i)
a service provider’s water
supply system; and
(ii)
any other supply of water;
and
(iii)
a sewerage system; and
(d)
the invert levels, and finished
surface levels, at each connection point mentioned in
paragraph (c); and
(e)
the finished surface level for each
overflow relief gully; and
(f)
the location on the premises of any of
the following that is to result from, or be affected by,
the work—
(i)
all water meters and supply
pipes;
(ii)
all fixtures, reflux valves,
overflow relief gullies, and sanitary drains;
(iii)
the access points for
cleaning and maintaining plumbing and drainage;
(iv)
any testable backflow
prevention devices; and
(g)
for work on a class 1 building on a
lot that is part of a community titles scheme, or on a
class 2 to 9 building—details of the specifications of
each water meter on the lot or for the building.
(3)
If the proposed work involves installing sanitary
drainage, the application must also be accompanied by—
(a)
a site classification report,
complying with AS 2870—2011, for the premises; and
(b)
if the soil classification for the
premises under AS 2870—2011 is H, E or P—a design
showing the articulation of the sanitary drainage for
the premises.
sch 6 s 3 amd 2022
SL No. 171
s 16
Part 3
Additional
documents required for particular applications
Division 1
Documents relevant to greywater use facilities
sch 6 pt 3 div 1 hdg ins 2022
SL No. 171
s 17
4
Documents for work for particular greywater use facilities
(1)
This section applies to an application
relating to permit work for a greywater use facility, other than
to the extent the facility consists of a greywater (cooling
tower) treatment plant.
(2)
The application must be accompanied by 1 or
more plans showing—
(a)
the location of any existing or
proposed greywater treatment plant; and
(b)
the location of, and connection
points for, any existing greywater use facility at
the premises, including any connection points to
sanitary drainage; and
(c)
the proposed location of, and
connection points for, any proposed greywater use
facility at the premises, including any proposed
connection points to sanitary drainage; and
(d)
the ground levels and drainage
invert levels to show whether sanitary drains can
gravity feed to the connection point for—
(i)
a greywater diversion
device; or
(ii)
a greywater treatment plant;
or
(iii)
a sewerage system; and
(e)
if the greywater use facility is
to include a land application area—
(i)
the proposed location of the
area; and
(ii)
the layout of drainage for
the area; and
(iii)
the distance from the area
to each boundary of the premises; and
(iv)
the distance from the area
to existing or proposed buildings or structures on
the premises; and
(v)
the distance from the area
to any other existing or proposed land application
area on the premises; and
(vi)
the distance from the area
to any impervious surfaces on the premises
including, for example, paths or paved areas; and
(vii)
the distance from the area
to any vulnerable body of water that may be
affected by greywater from the facility.
(3)
The application must also be accompanied
by—
(a)
details of the proposed use of the
greywater; and
(b)
if the greywater is to be applied
to a land application area—details of how the
greywater is to be applied to the land application
area; and
(c)
if the greywater use facility
includes a greywater treatment plant (other than a
greywater (cooling tower) treatment plant)—
(i)
details of the type and size
of the treatment plant; and
(ii)
a copy of the treatment
plant approval for the treatment plant; and
(d)
a site and soil evaluation report
for the premises.
(4)
If the greywater use facility is not in a
sewered area, the plans accompanying the application must also
show—
(a)
the location of any existing or
proposed on-site sewage treatment plant; and
(b)
if the work relates to a land
application area, the distances from the area
to—
(i)
any existing or proposed
on-site sewage treatment plant; and
(ii)
the land application area
for the on-site sewage treatment plant.
sch 6 s 4 amd 2022
SL No. 171
s
18
4A
Documents for work for greywater (cooling tower) treatment
plant
(1)
This section applies to an application
relating to a permit for work for a greywater use facility
including a greywater (cooling tower) treatment plant.
(2)
The application must be accompanied by—
(a)
details of the type and size of
the treatment plant; and
(b)
a report about how greywater will
be treated in the treatment plant to the required
standard; and
(c)
a plan for managing the treatment
plant that complies with subsection (3).
(3)
The plan for managing the greywater (cooling
tower) treatment plant must—
(a)
describe the systems for—
(i)
collecting and processing
the greywater at the treatment plant; and
(ii)
supplying greywater to the
cooling tower at the treatment plant; and
(b)
identify each hazard and hazardous
event associated with each system mentioned in
paragraph (a);
and
(c)
include an assessment of the risks
associated with each hazard and hazardous event
mentioned in paragraph (b);
and
(d)
state each action that will be
taken in response to each risk mentioned in paragraph (c);
and
(e)
state how the treatment plant will
be monitored to ensure greywater is treated to the
required standard; and
(f)
state how each action mentioned in
paragraph (d) will be
monitored to check its effectiveness; and
(g)
state how records of the matters
mentioned in paragraphs (a) to (f) will be kept; and
(h)
state how often the plan will be
reviewed; and
(i)
state the name and contact details
of each person who will be responsible for—
(i)
taking each action mentioned
in paragraph (d);
and
(ii)
monitoring the treatment
plant as mentioned in paragraph (e);
and
(iii)
monitoring each action to
which paragraph (f) relates;
and
(iv)
keeping records of the
matters mentioned in paragraphs (a) to (f);
and
(v)
reviewing the plan;
and
(j)
provide for any other matters
relevant to the management of the treatment
plant.
s 4A ins 2022
SL No. 171
s
19
Division 2
Other documents
sch 6 pt 3 div 2 hdg ins 2022
SL No. 171
s 19
5
Documents for work for an on-site sewage facility
(1)
An application relating to a permit for work
for an on-site sewage facility must be accompanied by 1 or more
plans showing—
(a)
the location of—
(i)
any existing or proposed
on-site sewage treatment plant; and
(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
sch 7A ins 2022
SL No. 171
s 20
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
sch 8 sub 2019 SL No. 123
s 12; 2020 SL No. 119
s 12; 2021 SL No. 83
s 16
amd 2022
SL No. 78
s 17
Schedule 9
Associated QBCCA
licences for occupational licences
section 119
Column 1
Occupational licence
Column 2
Associated QBCCA licences
1
plumbers licence
plumbing and drainage licence
mentioned in the Queensland
Building and Construction Commission Regulation
2018, schedule 2, part 18
plumbing and draining restricted to
plumbing licence mentioned in the Queensland
Building and Construction Commission Regulation
2018, section 60(1)
plumbing and draining restricted to
tanks—water supply licence mentioned in the Queensland
Building and Construction Commission Regulation
2018, section 60(1)
2
drainers licence
plumbing and drainage licence
mentioned in the Queensland
Building and Construction Commission Regulation
2018, schedule 2, part 18
drainage licence mentioned in the
Queensland
Building and Construction Commission Regulation
2018, schedule 2, part 19
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—restricted to
commercial and industrial types licence mentioned in the
Queensland
Building and Construction Commission Regulation
2018, schedule 2, part 26, section 1(4)
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—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—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
mechanical services—plumbing
occupational licence mentioned in the Queensland
Building and Construction Commission Regulation
2018, schedule 3A, part 2
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)
sch 9 amd 2020 SL No. 223
s 4
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.
sch 10 def air-conditioning unit ins 2022
SL No. 171
s 21(2)
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 means the Australian Standard that is
currently in force under that designation.
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.
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.
sch 10 def cooling tower ins 2022
SL No. 171
s 21(2)
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, for part 4, division 5, see section 32.
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.
greywater (cooling tower) treatment plant see section 103B(1)(b).
sch 10 def greywater (cooling tower) treatment plant ins 2022
SL No. 171
s 21(2)
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;
and
Note—
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 ...
sch 10 def prescribed water meter om 2022
SL No. 171
s 21(1)
pressure type vacuum breaker see the glossary.
previous Queensland Plumbing and Wastewater Code, for
part 4, division 5, see section 32.
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.
sch 10 def required standard ins 2022
SL No. 171
s 21(2)
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.
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.