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1
Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Plumbing and Drainage and Other
Legislation Amendment Bill 2005
Explanatory Notes
General Outline
Short Title
Plumbing and Drainage and Other Legislation Amendment Bill 2005
Policy Objectives of the Legislation
The Bill provides for:
· Amendments to the Plumbing and Drainage Act 2002 (PDA) to:
(a) Integrate the approval, enforcement and offence provisions
relating to on-site sewerage treatment facilities with those
relating to plumbing and drainage;
(b) Provide for approval, enforcement and offence provisions
relating to using greywater to water gardens in sewered areas for
premises where the greywater generated on the premises is less
than 3000 litres per day; and
(c) Make minor amendments to clarify matters and address minor
errors and omissions in the PDA;
· Amendments to the Water Act 2000 (WA) to remove prohibitions on
greywater use;
· Amendments to the Local Government Act 1993 (LGA) to provide
that certain fees levied under the PDA are regulatory fees.
Reasons for the Bill
The primary reason for the Bill is to provide a legislative framework for the
use of household greywater to water gardens in sewered areas. Previously,
all greywater generated in sewered areas had to be discharged to the sewer.
Drought conditions across Queensland have generated interest in options
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for water conservation and re-use. The greywater provisions in the Bill
provide a framework for the use of greywater in urban settings, with
sensible constraints that manage any potential public health and
environmental impacts.
The Bill is also required to better integrate legislative provisions for on-site
sewerage work in Queensland. The Bill includes amendments to the
Plumbing and Drainage Act 2002 (PDA) to make the approval process for
on-site sewerage work consistent with approval processes for other
plumbing and drainage work. On-site sewerage work was treated
differently when it was first incorporated into the PDA because it had been
administered under different legislation. The amendments in the Bill will
improve integration and ensure that the same accountability standards
apply to all work.
A number of minor amendments were also required to clarify some minor
licensing and licensing enforcement matters, issues relating to notification
of plumbing and drainage work and Plumbers and Drainers Board matters.
Some definitions have also been rationalised.
Amendments to the LGA were required to clarify that all local government
fees imposed under the PDA can only cover the cost to the local
government of providing the service.
Achieving the Objectives
The objectives of the Bill are achieved by:
· the amendment of a number of existing approval, enforcement and
offence provisions to include provision for on-site sewerage facilities;
· the introduction of new provisions allowing local government to
approve greywater use systems in sewered areas;
· the introduction of new provisions, including offence provisions, to
place sensible constraints on the use of greywater and to manage
potential impacts on public health and the environment;
· amending the PDA to address and clarify some issues including
providing investigative and disciplinary powers for the Plumbers and
Drainers Board to investigate complaints against plumbers, clarifying
some definitions and addressing other minor legislative matters;
· amending the WA so that it is not illegal to use greywater to irrigate
the garden in a sewered area; and
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Plumbing and Drainage and Other Legislation
Amendment Bill 2005
· amending the LGA so that it is clear that all fees charged under the
PDA are regulatory fees and must only cover the cost to the local
government of providing the service.
Administrative costs
There are some costs to government of implementing the Bill, namely:
· potential costs for investigation and disciplinary action taken on
behalf of the Plumbers and Drainers Board;
· the cost of providing for appeals against local government decisions to
Building and Development Tribunals on applications for compliance
assessment of greywater use in sewered areas; and
· the cost of processing applications for chief executive approval of
greywater treatment plants.
Fundamental Legislation Principles
There are no provisions in the proposed amendments that would infringe
fundamental legislative principles.
Consultation
The following State agencies were consulted during the preparation of the
Bill:
· Department of Natural Resources;
· Department of the Premier and Cabinet;
· Department of Health;
· Department of Employment and Training;
· Building Services Authority;
· Business Policy Unit Smart State Policy and Planning;
· Environment Protection Agency;
· Office of Parliamentary Counsel;
· Office of Rural Communities; and
· Queensland Treasury.
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Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Other key stakeholder groups consulted include the following:
· Association of Hydraulic Consultants;
· Brisbane City Council;
· Gold Coast City Council;
· Housing Industry Association
· Institute of Engineers;
· Local Government Association of Qld;
· Master Plumbers Association of Qld;
· Pine Rivers Shire Council;
· Wastewater Practitioners; and
· Yeronga TAFE.
Notes on Provisions
Part 1 Preliminary
Short title
Clause 1 sets out the short title of the Act as the Plumbing and Drainage
and Other Legislation Amendment Act 2005.
Commencement
Clause 2 provides that the Act will commence on 1 March 2006, except for
new section 85A, new sections 33A to 33V and certain definitions
contained in the schedule dictionary which relate to the operation of
section 85A.
By commencing section 85A on assent, local governments will have time
prior to the 1 March 2006 in which to decide whether or not they want to
accept applications for the use of greywater in sewered areas.
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Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Part 2 Amendment of Integrated
Planning Act 1997
Act amended in pt 2
Clause 3 provides that this part amends the Integrated Planning Act 1997.
Amendment of s 4.2.12A (Appeals for plumbing and drainage
matters)
Clause 4 amends section 4.2.12A(1) of the Integrated Planning Act 1997
and provides a right of appeal to a Building and Development Tribunal for
certain compliance assessment decisions and on-site sewerage approval
decisions made under the Plumbing and Drainage Act 2002. It provides
that a person who is given an information notice about a decision made
under part 4 or 5 of the Plumbing and Drainage Act 2002 may appeal
against that decision to a tribunal. The Integrated Planning Act 1997
stipulates that this will be the Building and Development Tribunal.
Information notices given in relation to compliance assessment of plans
and work for regulated work and on-site sewerage work under Part 4 and
chief executive approvals under part 5 will be appealable to a tribunal.
Part 3 Amendment of Local
Government Act 1993
Act amended in pt 3
Clause 5 provides that this part amends the Local Government Act 1993.
Amendment of s 1071A (Power to fix regulatory fees)
Clause 6 amends section 1071A(1)(e) and clarifies that all fees charged by
a local government under the Plumbing and Drainage Act 2002 are
classified as regulatory fees which may only cover the cost to the local
government of providing the service, the subject of the fee.
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Plumbing and Drainage and Other Legislation
Amendment Bill 2005
Amendment of schedule (Dictionary)
Clause 7 amends the schedule definitions of the Local Government Act
1993 so that these align with related definitions in the Plumbing and
Drainage Act 2002. This clause inserts new definitions in the Local
Government Act 1993 for "on-site sewerage treatment plant" and "on-site
sewerage facility" that refer directly to the schedule definitions in the
Plumbing and Drainage Act 2002.
Part 4 Amendment of Plumbing and
Drainage Act 2002
Act amended in pt 4
Clause 8 provides that this part amends the Plumbing and Drainage Act
2002.
Amendment of s 29 (Secretary and other officers)
Clause 9 amends the heading of s29 to better reflect the range of
appointments anticipated by the section. The Clause provides for the
employment or engagement of other appropriately qualified people to
assist the Plumbers and Drainers Board perform its functions. However it
does not apply to the appointment of an investigator. (Refer to Part 2
Division 8 Board investigators and their powers).
Insertion of new s 29A
Clause 10 provides for the insertion of new section 29A.
29A Delegation by secretary
New section 29A provides for delegation of powers by the secretary.
Section 29A allows any person appointed as secretary to the Board, to
delegate the powers of the secretary to other public service officers or
employees.
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Insertion of new pt 2, div 8 (Board investigators and their
powers)
Clause 11 inserts a new pt 2, div 8 that provides for the appointment of
Plumbers and Drainers Board investigators and gives these investigators
the powers that are needed to carry out their duties.
New section 33A Appointment
New section 33A provides for the chief executive to appoint a public
service officer or employee as an investigator if the chief executive
considers that the person has experience and expertise qualifying them for
the appointment.
New section 33B Function
New section 33B describes the function of an investigator, which is to
investigate compliance issues in relation to the licensing provisions of the
Plumbing and Drainage Act 2002. This investigative work is performed
for the Plumbers and Drainers Board.
New section 33C Appointment conditions and limit on powers
New section 33C provides for two mechanisms, which can constrain the
operations of investigators under the Plumbing and Drainage Act 2002. It
provides that conditions can be placed on investigators holding office and
that these conditions can be stated in the investigator's instrument of
appointment, a signed notice from the chief executive, or a regulation. The
section also specifies that an investigator's powers may be limited under a
regulation, a condition of appointment, or by written notice given by the
chief executive to the investigator.
New section 33D Issue of identity card
New section 33D provides that the chief executive must give each
investigator an identity card that identifies the person as an investigator
under the Bill. The card will contain the signature and a recent photograph
of the investigator. The section allows for a single identity card to be issued
for this Bill and for other purposes such as identifying an investigator under
another Act.
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New section 33E Production or display of identity card
New section 33E provides that an investigator may exercise a power in
relation to a person only if the investigator first produces his or her identity
card or has the identity card clearly displayed. Provision is made for the
investigator to produce the identity card at the first reasonable opportunity
if it is not practicable to do so when exercising a power.
New section 33F When investigator ceases to hold office
New section 33F describes the circumstances under which an investigator
may cease to hold office. This section describes certain circumstances in
which an investigator ceases to hold office but does not limit the ways in
which an investigator may cease to hold office.
New section 33G Resignation
New section 33G provides for resignation of investigators.
New section 33H Return of identity card
New section 33H provides for the return of identification cards by persons
who cease to hold office as an investigator.
The maximum penalty for a contravention of this clause is 25 penalty units.
New section 33I Power to enter places
New section 33I outlines the conditions under which investigators have the
power to enter places, for the exercise of their functions under the
Plumbing and Drainage Act 2002.
New section 33J Entry with consent
New section 33J explains what action an investigator must take if asking
for an occupier's consent to enter a place. The investigator must inform the
occupier of the purpose for which entry is required. The investigator must
also inform the occupier that they have the option to refuse consent.
The onus of proof is on the investigator to prove the occupier consented to
the entry. This section also allows an investigator to ask the occupier to
sign an acknowledgement of consent. In this instance, the investigator must
give a copy to the occupier.
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New section 33K Application for warrant
New section 33K provides that an investigator may apply in writing to a
magistrate for a warrant for a place. This section specifies that the written
application must be sworn and must state the grounds on which the warrant
is sought. The magistrate may refuse to consider the application until the
investigator gives the magistrate all the information that the magistrate
requires.
New section 33L Issue of warrant
New section 33L describes the grounds on which a magistrate may grant a
warrant to an investigator and the information that must be included in such
a warrant. The section provides that a magistrate may only issue a warrant
for the place if satisfied there are reasonable grounds for suspecting there is
a particular thing or activity that may provide evidence of an offence
against the Bill, and that the evidence is, or may be at the place within the
next seven days.
New section 33M Application by electronic communication and
duplicate warrant
New section 33M provides that an investigator may apply to a magistrate
for a warrant by phone, fax, email, radio, videoconferencing or another
form of electronic communication if the investigator considers it necessary
on certain grounds. This section provides for an investigator to prepare a
written application stating the grounds on which the warrant is sought. The
application may be made before the written application is sworn.
This section also describes the conditions under which a magistrate may
issue such a warrant. It requires that the magistrate is satisfied it was
necessary to make the application electronically and that the application
was appropriate.
This section also describes the procedures that must be following if a
warrant is issued following an electronic application. After the original
warrant is issued, the magistrate must immediately give a copy of the
warrant (the duplicate warrant) to the investigator if it is reasonably
practicable to do so. If not practicable to do so, the magistrate must inform
the investigator of the date and time the warrant was issued and other terms
of the warrant. A form of warrant must be completed by the investigator
showing the magistrate's name, the date and time the warrant was issued
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Amendment Bill 2005
and other terms of the warrant. The duplicate warrant and form of warrant
are as effectual as the original warrant in these circumstances.
The investigator must send the sworn application and the completed form
of warrant, if one has been completed, to the magistrate at the first
reasonable opportunity. The magistrate must attach the sworn application
and the completed form of warrant, if one has been completed, to the
original warrant and give the documents to the clerk of the court of the
relevant magistrates court.
The onus of proof is on the investigator to prove that any powers of entry
exercised under this section were authorised by a warrant. This section
does not limit the requirements of section 33K.
New section 33N Defect in relation to a warrant
New section 33N provides that a warrant is not invalidated where there is a
defect in the warrant or in compliance with sections 33K, 33L or 33M,
except where the defect affects the substance of the warrant in a material
particular.
New section 33O Warrants - procedure before entry
New section 33O outlines the procedures that an investigator named in a
warrant must follow or make a reasonable attempt to follow before entering
a place under a warrant.
New section 33P General powers of investigator after entering
places
New section 33P describes what an investigator can do following
authorised entry to a place. This section authorises certain actions where
these are necessary for performing the function of the investigator under
the Plumbing and Drainage Act 2002. Powers which may be justifiable in
the context of an investigation include searching any part of the place and
inspecting, measuring, testing, photographing or filming any part of the
place or anything in the place. Investigators may also take into or onto the
place any person, equipment and materials the investigator reasonably
requires for exercising a power under this section.
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Plumbing and Drainage and Other Legislation
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New section 33Q Power to require reasonable help or
information
New section 33Q describes what the occupier of a place may be required to
do to assist an investigator. An investigator may require the occupier of the
place, or a person at the place, to give the investigator reasonable help or
information in exercising his or her power under section 33P. The
investigator when requiring reasonable help or information must warn the
person it is an offence to fail to comply unless the person has a reasonable
excuse. If the person is an individual, it is a reasonable excuse for the
person not to provide reasonable help or information if doing so might
incriminate the person.
New section 33R Power to require name and address
New section 33R outlines the circumstances in which an investigator may
require a person to state the person's name and address. Unless the person
has a reasonable excuse, it is an offence for a person to fail to comply with
a request by an investigator.
The section provides that the investigator must warn the person it is an
offence to fail to state his or her name and address, unless the person has a
reasonable excuse for not doing so.
The section also provides that the investigator may require a person to give
evidence of the correctness of the stated name and address, if in the
circumstances, it would be reasonable to expect the person to be in
possession of evidence or able to give the evidence as to the correctness of
the stated name and address.
New section 33S Power to require production of documents
New section 33S provides for the circumstances in which an investigator
may require a person to produce documents that they have received under
the Plumbing and Drainage Act 2002. The investigator may ask the person
to provide a copy of a document within a reasonable period. If the person
does not comply with the request from the investigator, the investigator
may take the document to copy it. The investigator must return the
document to the person as soon as practicable after copying it.
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New section 33T Failure to state name and address or produce
document
New section 33T provides that a person must comply with a requirement
under section 33R(2) or 33S(1), unless the person has a reasonable excuse
for not doing so. It is a reasonable excuse where complying might tend to
incriminate the individual.
The maximum penalty for a contravention of subclause (1) is 40 penalty
units.
New section 33U Notice of damage
New section 33U provides for what is to happen if property is damaged by
an investigator or by a person acting under an investigator's direction, when
exercising or purporting to exercise a power. This section requires the
investigator to, as soon as practicable, give written notice of the particulars
of the damage to the person who appears to be the owner of the property. If
it is impracticable to give such notice, the investigator must leave the
notice, in a reasonably secure way where the damage happened.
This section does not apply to damage the investigator reasonably believes
is trivial. For this section an "owner" of a property includes the person in
possession or control of it.
New section 33V Compensation
New section 33V provides that a person may claim compensation from the
State if the person incurs a loss or expense because of the exercise, or
purported exercise of a power under this division. Amongst other things,
compensation may be claimed for loss or damage which is incurred as a
result of complying with any requirement under this division.
Compensation may be claimed and ordered to be paid in a proceeding
brought in a relevant court and the court, in deciding whether or not
compensation should be paid, must consider the particular circumstances
of each individual case.
Amendment of s 40 (Decision on application for licence)
Clause 12 provides some additional detail about the circumstances under
which the Plumbers and Drainers Board may issue a provisional licence.
Existing provisions are amended to clarify that the board may provisionally
licence an applicant for the class of licence applied for, if the board
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reasonably considers that the person does not have the qualifications
required but does have enough practical experience to be able to perform
the work. For example, a person may have worked alongside a plumber for
many years and has extensive experience but no formal qualifications. This
experience is verified by references from employers and the applicant
successfully completes a practical skills test to demonstrate that he is
competent. Upon successful completion of the skills test, the applicant is
issued with a provisional licence and required to undertake further training
equivalent to a plumbing apprentice.
The board may also provisionally licence an applicant for the class of
licence applied for, if the board reasonably considers the applicant holds a
relevant corresponding licence. For example, applicants who hold a current
licence from interstate, New Zealand or another country would be entitled,
upon application, to the equivalent level of licence in Queensland.
Amendment of s 64 (Grounds for discipline)
Clause 13 provides additional grounds for which the board may decide to
take disciplinary action against a licensee. Existing grounds for
disciplinary action are expanded to include the grounds that a licensee:
· directs someone else to perform work, or supervises someone else in
the performance of work (i.e., a breach of section 120), or
· has performed work that is not work for which the licensee's licence
was issued, and it is work for which a licence is required.
Amendment of s 78 (Compliance permit)
Clause 14 provides for integration of the permit requirements for on-site
sewerage work with permit requirements for plumbing work. The
amended section 78 will provide that a compliance permit also authorises
on-site sewerage work to be carried out. The clause also makes a
grammatical correction to s 78.
Amendment of s 79 (Compliance certificate)
Clause 15 provides for integration of certificate requirements for on-site
sewerage work with certificate requirements for plumbing work. The
amended section 79 will provide that a compliance certificate also approves
on-site sewerage work to the extent stated in the certificate and under the
same conditions as apply for plumbing work.
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The section also provides that, subject to sections 86D(3) and 86E to 86G,
a compliance certificate for regulated work or on-site sewerage work
remains in force until the premises to which the certificate relates is
demolished or removed.
Amendment of s 80 (Purpose of compliance assessment)
Clause 16 integrates provisions for compliance assessment of on-site
sewerage work with the same provisions for plumbing work. Under the
amended section 80 the purpose of compliance assessment will be
expanded to include the assessment of plans and work for on-site sewerage
work.
Amendment of s 81 (Regulated work must be assessed for
compliance)
Clause 17 provides for on-site sewerage work to be assessed for
compliance with the Standard Plumbing and Drainage Regulation. The
regulation calls up the Queensland Plumbing and Wastewater Code, which
provides the technical standards for on-site sewerage facilities and
greywater use.
Amendment of s 82 (Plans and all plumbing and drainage work
must comply)
Clause 18 provides that a person who carries out on-site sewerage work
must ensure that the work complies with the Standard Plumbing and
Drainage Regulation.
Amendment of s 83 (Compliance permit required for certain
regulated work)
Clause 19 provides that a person must not carry out on-site sewerage work
unless the person has a compliance permit for the work. The clause also
provides that regulated work and on-site sewerage work must comply with
any conditions of the permit.
Amendment of s 84 (Regulated work by a public sector entity)
Clause 20 provides that on-site sewerage work to be carried out by, or on
behalf of a public sector entity, must be assessed for compliance with the
Standard Plumbing and Drainage Regulation. The entity may carry out the
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assessment of the plans or the work itself, or it may ask the relevant local
government to carry out the assessment on its behalf.
Amendment of s 85 (Process for assessing plans)
Clause 21 extends the process for the compliance assessment of a plan for
plumbing and drainage work to include on-site sewerage work. The
amended section 85 will also provide that if an information request is made
as part of the assessment process and the information requested is not
received by the local government within 1 year of the request, the
compliance request lapses. However the local government may within the
year agree to a longer period.
Insertion of new ss 85A to 85E
Clause 22 provides for the insertion of new sections 85A to 85E.
New section 85A Local government's power to stop further
greywater use facility requests for premises in a sewered area
New section 85A provides for local governments to decide whether or not
they wish to facilitate the use of greywater within sewered areas under their
jurisdiction. This section allows local governments to decide whether or
not they will accept applications for greywater use facilities in sewered
areas.
A local government may make a resolution deciding that no further
compliance requests for regulated work that is for or that includes a
greywater use facility may be made to it.
While the resolution is in effect no further greywater use facility requests
can be made to the local government.
After the resolution takes affect the local government must give a copy of
the resolution to the chief executive and ensure a copy is open for
inspection under the Local Government Act 1993.
New section 85B Restrictions on giving compliance permit for
greywater use facility in a sewered area
New section 85B details the conditions under which a local government
can grant a compliance permit for a greywater use facility in a sewered
area. A number of important conditions have been incorporated within this
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section to safeguard public health and to minimise the potential
environmental impacts of greywater use in sewered areas.
New section 85B provides that a compliance permit may be granted only
for premises defined as class 1a buildings or premises that are used, or
proposed to be used, for a use prescribed under the Standard Plumbing and
Drainage Regulation.
A compliance permit cannot be granted for:
· premises generating more than 3000L greywater per day
· facilities that are part of a community titles scheme under the Body
Corporate and Community management Act 1997
· premises that are in an area the local government has, by resolution or
planning instrument, declared unsuitable for greywater use.
It is important that all treatment plants and devices within greywater
facilities meet the appropriate standards. A compliance permit can only be
granted if the greywater treatment plant has a chief executive approval or
the greywater diversion device has plumbing code authorisation and
certification.
It is also important that greywater use facilities are designed to effectively
manage any overflow or faulty backflow of greywater. If there is any
problem with the greywater use facility then greywater must be able to flow
or be diverted to the normal sewerage outlet. A compliance permit can
only be granted if:
· the greywater treatment plant or greywater diversion device has a
connection to sanitary drainage; and
· greywater may be manually diverted to sanitary drainage; and
· an automatic overflow to sanitary drainage is maintained in case the
filtering or irrigation system does not work or does not work properly.
The section also provides that a local government, when making a
resolution or instrument or when deciding an application for a compliance
permit, must consider the criteria prescribed under the Standard Plumbing
and Drainage Regulation. Further information about the use of greywater
in sewered areas is contained in Part 2.0 of the Queensland Plumbing and
Wastewater Code.
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New section 85C Restrictions on giving compliance permit for
greywater use facility not in a sewered area
Section 85C describes the circumstances under which a local government
may give a compliance permit for a greywater use facility in an unsewered
area. When assessing plans for a greywater use facility in an unsewered
area, a local government must be satisfied there is enough water available
to the premises, enough suitable land for treated greywater from the facility
to be used on the land or some alternative arrangement made for the use of
treated greywater. Either the greywater treatment plant must have a chief
executive approval or the greywater diversion device must have plumbing
code authorisation and certification.
Further information about the use and disposal of greywater in unsewered
areas is contained in Part 3.0 of the Queensland Plumbing and Wastewater
Code.
New section 85D Restrictions on giving compliance permit for
particular on-site sewerage work
Section 85D provides that local governments may only issue a compliance
permit for on-site sewerage work where the work is outside a sewered area
or where the proposed on-site sewerage facility is part of common effluent
drainage.
When assessing plans for an on-site sewerage facility, a local government
must be satisfied there is enough water available to operate the facility and
there is enough land for the disposal of the effluent or some other suitable
arrangement has been made for the disposal of the effluent. The on-site
sewerage facility must be appropriate for the premises; for example, the
facility should have the capacity to treat the total wastewater generated on
the premises. Any item of the on-site sewerage work, other than an item for
testing purposes, that requires a chief executive approval must comply with
the approval or if the item is a septic tank, the Standard Plumbing and
Drainage Regulation.
Further information about on-site sewerage facilities is contained in Part
1.0 of the Queensland Plumbing and Wastewater Code.
New section 85E Special provisions for assessing plan for work
for testing purposes
Section 85E describes arrangements for local governments to assess and
decide plans for greywater use and on-site sewerage facilities proposed to
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be installed for testing purposes. Additional time is provided for local
governments to assess and decide these plans. These timelines
acknowledge that the process of assessing plans for work for testing
purposes by local governments may involve additional consideration before
the compliance request can be decided.
The time allowed for a local government to make an information request is
extended from 10 business days to 20 business days after the plan is
received. The local government has also been given additional time within
which to decide a compliance request. The time has been extended from 20
business days to 40 business days (the usual period) after receipt of the
compliance request or 40 business days after receipt of the information
requested. The local government may within the usual period of 40
business days, extend the time for making a decision by up to a further 40
business days.
Amendment of pt 4, div 4, hdg (Assessing plumbing and
drainage work)
Clause 23 amends the heading of part 4 division 4 to include on-site
sewerage work in addition to plumbing and drainage work.
Amendment of s 86 (Process for assessing regulated work)
Clause 24 extends the general process for assessing regulated work to
include on-site sewerage work. The amended section 86 describes the
process for assessing regulated work and on-site sewerage work.
The amended section 86 requires that a request for compliance assessment
of regulated work that includes a greywater use facility can only be made if
a testing approval under Part 5 of the Bill (chief executive approvals) has
been granted.
The section also provides that a local government may decide not to carry
out the assessment of on-site sewerage work and may accept from an
approved person a notice of compliance verifying that the work complies.
However the local government still has the discretion to inspect the work if
they wish.
The amended section also clarifies that an approved person for assessment
of on-site sewerage work means the person who designed the facility to
which the work relates and who in the local government's opinion is
competent to give a notice of compliance and if required by law to be
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registered or licensed under a law applying in the State to practise in the
aspect of the work - is so registered or licensed.
Amendment of s 86A (Process for assessing certain regulated
work in remote areas)
Clause 25 integrates the requirements for assessing regulated work and on-
site sewerage work in remote areas. The amended section 86A provides for
on-site sewerage work in these areas to be treated in the same way as
regulated work.
Insertion of new ss 86B to 86G
Clause 26 provides for the insertion of new sections 86B to 86G.
New section 86B Special provisions for assessing on-site
sewerage work for testing purposes
New section 86B provides for a local government to decide a request for
compliance assessment for on-site sewerage work for testing purposes.
Before making the request a chief executive approval for testing purposes
must be granted under part 5 of the Bill. The local government must decide
the request within 10 business days after assessing the completed work or
after it receives a plan if requested by the local government.
New section 86C Conditions of compliance certificate
New section 86C provides that conditions cannot be imposed on a
compliance certificate for regulated work except where the work is for a
greywater use facility. However the only conditions that may be imposed
on a compliance certificate for a greywater use facility must relate to the
ongoing operation, maintenance or testing of the facility.
Conditions may also be imposed on a compliance certificate for on-site
sewerage work but only conditions that relate to the ongoing operation,
maintenance or testing of the relevant on-site sewerage facility.
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Division 4A Compliance certificates
New section 86D Effect of later grant of chief executive
approval
New section 86D describes what action may be taken by a local
government where it has issued a compliance certificate for testing a
greywater use facility or a on-site sewerage facility and the chief executive
has subsequently granted an approval under Part 5 of the Bill for each item
relating to the work. In these circumstances the compliance certificate
continues in force unless the local government decides to replace the
compliance certificate with a new certificate that has different conditions
for the ongoing operation, maintenance or testing of the relevant greywater
use facility or on-site sewerage facility.
New section 86E Effect of refusal or withdrawal of application
for chief executive approval
New section 86E describes what action may be taken by a local
government where it has issued a compliance certificate for testing a
greywater use facility or a on-site sewerage facility and an application for
chief executive approval under Part 5 of the Bill for an item for the work is
subsequently refused or withdrawn. In these circumstances the compliance
certificate ceases to have any effect and the local government may require
by written notice all or a stated part of the relevant greywater use facility or
on-site sewerage facility to be removed. The former holder of the
compliance certificate must comply with the notice as soon as practicable
after receiving it. Contravening this section carries a maximum penalty of
100 penalty units.
New section 86F Ending of particular compliance certificates
for testing
New section 86F provides that a compliance certificate given for work for
testing purposes ends if any chief executive approval for an item that relates
to the work ends.
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New section 86G Power to amend conditions of particular
compliance certificates
New section 86G allows a local government to amend a condition of a
compliance certificate for work for testing purposes if it is considered
necessary or desirable as a result of a change in a chief executive approval
under Part 5 of the Bill.
If the local government wishes to make an amendment to the compliance
certificate, it must give written notice to the owner of the premises and
provide the owner with an opportunity to make written submissions about
the proposal. The local government must consider the owner's written
submissions and if it decides to make a subsequent amendment to the
compliance certificate it must give an information notice to the owner
about the decision.
Replacement of s 87 (Minor work)
Clause 27 omits the existing section 87 and inserts a replacement section
87.
Division 4B Minor and unregulated work
87 Minor work
Section 87 was replaced but maintains the existing provisions. In addition,
the replacement section clarifies that a public sector entity or other relevant
entity must give a local government notice of notifiable minor work that
has been completed.
A relevant entity must give notice to the local government in writing within
1 year after completion of the minor work. For another person, other than a
relevant entity, the notice to the local government must be in the approved
form and must be given within 40 business days after completion of the
minor work.
If the minor work is temporarily installed downstream of a backflow
prevention device and the work remains in place for less than 4 weeks, the
relevant entity or another person must give notice to the local government
within 20 business days after completion of the work.
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Replacement of pt 5 (On-site sewerage facilities)
Clause 28 omits the existing Part 5 and inserts a replacement Part 5.
Part 5 Chief executive approvals
Division 1 Applying for and obtaining approval
91 Applying for chief executive approval
Section 91 replaces the existing requirement for model approval for
prefabricated items and type specification approval for built items for an
on-site sewerage facility or a greywater use facility. A person can apply for
a chief executive approval for-
· a built item; or
· a prefabricated item; or
· a built item or prefabricated item for a greywater use facility or on-site
sewerage facility proposed to be installed only for testing purposes.
92 Information request
Section 92 provides that the chief executive may request by written notice
from the applicant (information request), further information about the
application. The information request must be made within 20 business days
after receipt of the application and the chief executive may make another
information request within 20 business days after receipt of the information
initially requested. Generally, if the chief executive officer does not receive
the information requested within 1 year after the request is made, the
application lapses. However, the chief executive may agree to a longer
period within the year.
93 Deciding application
Section 93 replaces the existing requirements for deciding applications and
prescribes the periods within which the chief executive must decide an
application. When approving an application the chief executive must be
reasonably satisfied that the item, the subject of the application, complies
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with the Standard Plumbing and Drainage Regulation. The chief executive
may refuse an application but grant a testing approval for the item.
94 Conditions of approval
Section 94 maintains the existing provisions by providing that the chief
executive may impose conditions on the approval including conditions
about the way the item must be built or manufactured, installed, operated
and serviced.
95 Information notice
Section 95 maintains the existing provisions by requiring the chief
executive officer to give the applicant an information notice when an
application is refused or approved with conditions.
Division 2 Miscellaneous provisions
96 Term of chief executive approval
The new section 96 describes how the term of a chief executive approval is
limited.
97 Renewals
Section 97 allows the holder of a chief executive approval to apply to the
chief executive to renew the approval before it ends.
98 Publication of chief executive approvals
Section 98 provides that the chief executive must publish the giving of
approvals in the Government Gazette and advise where a copy of the
approval may be examined or obtained. The chief executive must ensure a
copy of the approval may be examined free of charge and obtained at a
particular place at a reasonable cost.
Replacement of pt 6, hdg (Investigation, enforcement and
offences)
Clause 29 omits the existing Part 6 heading and inserts a replacement Part 6
heading.
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Part 6 Investigation and enforcement by
local governments
Amendment of s 114 (Functions and powers of inspectors and
relationship to the Local Government Act 1993)
Clause 30 provides that an inspector may conduct investigations and
inspections of premises to monitor and enforce compliance with the
Plumbing and Drainage Act, as well as the Integrated Planning Act
1997(IPA) and the Local Government Act 1993, to the extent that IPA and
the LGA relate to on-site sewerage facilities.
Amendment of s 115 (Show cause notices)
Clause 31 describes the circumstances under which a local government
must give a show cause notice before proceeding to issue a person with an
enforcement notice.
Amendment of s 116 (Enforcement notices for plumbing and
drainage)
Clause 32 omits the existing section 116 and inserts a replacement section
116.
116 Enforcement notices
Section 116 extends the existing enforcement provisions to include the
issue of an enforcement notice by a local government where it has formed a
reasonable belief that an on-site sewerage facility is deficient or the
absence of an on-site sewerage facility constitutes a danger or health risk to
occupiers of the premises or the public.
Amendment of s 118 (Relationship with Integrated Planning Act
1997)
Clause 33 provides that an appeal against an enforcement notice given
under section 116(1)(a)(i) or (b) or (c) must be started within 5 business
days after the notice is given, not the 20 business day period allowed for
other enforcement notices.
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Replacement of pt 6, divs 3 and 4
Clause 34 omits the existing Part 6 division 3 and 4 and inserts Part 6A.
Part 6A General offences
Division 1 Offences about licences
119 Offences by persons not holding appropriate licence
Section 119 maintains the existing provision that makes it is an offence for
a person to perform work unless the person has a licence that entitles the
person to do that particular aspect of work. This ensures that only licensed
persons with the appropriate competencies are allowed to perform specific
work within the scope of their licence, and provides for a maximum
penalty of 165 penalty units for unlicensed persons performing work
without the appropriate licence.
120 Offence of directing or supervising unlicensed work
Section 120 provides that a licensed person for work must not direct
someone else to perform the work or supervise someone else in the
performance of the work if a licence is required under this Act to perform
the work and the other person is not a licensed person for the work. There
is a maximum penalty of 165 penalty units for this offence.
121 Exemptions for ss 119 and 120
Section 121 maintains the existing circumstances under which certain work
does not require a licence. It also includes a further provision that allows
an unlicensed person to install all or part of a greywater application area for
a greywater use facility. The section also clarifies that a designated person
(i.e. an apprentice, trainee or student) does not require a licence if
performing the work under the direct supervision of a licensed person for
the work.
122 Contravening licence conditions
Section 122 maintains the existing provision that makes it is an offence for
licensees to breach the conditions of their licences. A licensee may only
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perform plumbing or drainage work where their licence entitles them to
undertake that particular aspect of work. This ensures that only licensed
persons with the appropriate competencies are allowed to perform specific
work within the scope of their licence. There is a maximum penalty of 100
penalty units for this offence.
123 Limitations on provisional licence holders
Section 123 maintains the existing provisions that make it an offence for a
holder of a provisional licence to work alone. Provisional licensees may
only undertake work authorised by their licences, while they are supervised
by a person with the appropriate licence. A person with a provisional
plumbing licence could work for a licensed plumber, or work for a business
that employs a licensed plumber to supervise the provisional licensee.
There is a maximum penalty of 100 penalty units for this offence.
124 Restriction on advertising for the carrying out of particular
work
Section 124 clarifies that it is an offence for a person to advertise that they
are available to carry out plumbing and drainage work, other than
unregulated work, without holding the appropriate licence. There is a
maximum penalty of 100 penalty units for this offence.
Division 2 Building and installation and related
offences
125 Restriction on building or installing particular on-site
sewerage treatment plant
Section 125 maintains the existing provisions that make it an offence for a
person to build or install an on-site sewerage treatment plant (other than a
plant that consists only of a septic tank) unless the plant has a chief
executive approval and the building or installation complies with all
conditions of the chief executive approval. There is a maximum penalty of
165 penalty units for this offence.
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126 Restriction on building or installing greywater use facility
Section 126 provides that it an offence for a person to build or install a
greywater use facility unless the facility's greywater treatment plant has a
chief executive approval. The building or installation of the facility must
comply with all conditions of the chief executive approval and any
plumbing code authorisation and certification for the facility's greywater
diversion device in accordance with the Plumbing Code of Australia. There
is a maximum penalty of 165 penalty units for this offence.
127 Restriction on building or installing chemical, composting
or incinerating toilet
Section 127 maintains the existing provision that makes it is an offence for
a person to build or install a chemical composting or incinerating toilet that
does not comply with the design rules contained in Schedule 8 Part 2 of the
Environmental Protection (Waste Management) Regulation 2000. There is
a maximum penalty of 100 penalty units for this offence.
128 Restriction on dismantling or taking away on-site sewerage
facility
Section 128 extends the existing provision by making it an offence to
dismantle or take away all or part of an on-site sewerage facility, unless
authorised in writing by the local government or under a chief executive
approval. There is a maximum penalty of 100 penalty units for this offence.
128A Offence to pollute service provider's services
Section 128A maintains the existing provision that makes it an offence for
a person carrying out plumbing and drainage work to do anything that is
likely to pollute a service provider's water or sewerage service. There is a
maximum penalty of 165 penalty units for this offence.
Division 3 Operating restrictions
128B Owner's obligation to ensure compliance with conditions
of compliance certificate
Section 128B makes it an offence for the owner of premises to not comply
with the conditions of a compliance certificate given for a greywater use
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facility or on-site sewerage work. There is a maximum penalty of 165
penalty units for this offence.
128C Restrictions on operating chemical, composting or
incinerating toilet
Section 128C maintains the existing provision that makes it an offence for
a person to operate a chemical composting or incinerating toilet that does
not comply with the design rules contained in Schedule 8 Part 2 of the
Environmental Protection (Waste Management) Regulation 2000. There is
a maximum penalty of 100 penalty units for this offence.
128D Restriction on operating particular on-site sewerage
facilities
Section 128D maintains the existing provision that makes it an offence for
a person to operate an on-site sewerage facility (other than a chemical,
composting or incinerating toilet) that does not comply with the Standard
Plumbing and Drainage Regulation. There is a maximum penalty of 100
penalty units for this offence.
128E Restrictions on operating particular on-site sewerage
treatment plant
Section 128E maintains the existing provisions that makes it is an offence
for a person to operate an on-site sewerage treatment plant (other than an
on-site sewerage treatment plant consisting only of a septic tank) unless a
compliance certificate has been given for the on-site sewerage work and the
operation complies with all conditions of the compliance certificate and the
chief executive approval for the treatment plant. There is a maximum
penalty of 100 penalty units for this offence.
128F Restrictions on operating greywater use facility
Section 128F provides that it is an offence for a person to operate a
greywater use facility unless a compliance certificate has been given for the
regulated work for the facility and the operation complies with all
conditions of the compliance certificate, the chief executive approval for
the facility's greywater treatment plant and any plumbing code
authorisation and certification for the facility's greywater diversion device
in accordance with the proposed Plumbing Code of Australia. There is a
maximum penalty of 100 penalty units for this offence.
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128G Owner's obligation to maintain plumbing and drainage
and on-site sewerage facility
Section 128G extends the existing provision requiring an owner to maintain
plumbing and drainage in good condition and working properly to also
include maintaining an on-site sewerage facility in good condition and
working properly. There is a maximum penalty of 165 penalty units for this
offence.
This section further provides that evidence that a greywater use facility has
not been operated in accordance with the manufacturer's instructions, is
evidence that the facility has not been kept in good condition or has not
been operated properly.
128H Obligations of service providers for on-site sewerage
facility
Section 128H maintains the existing provisions that require a person (the
service provider) who services an on-site sewerage facility to give a copy
of the service report to the local government and the owner of the facility.
In the event of an unsatisfactory service report being received, a local
government may decide to issue an enforcement notice ordering remedial
action be taken. There is a maximum penalty of 40 penalty units for this
offence.
The section also provides that it is an offence for the service provider to
make a statement in a report to the local government or the facility's owner
that the service provider knows is false, misleading or incomplete in a
material particular. There is a maximum penalty of 100 penalty units for
this offence.
Division 4 Prohibitions on removing or
tampering with particular devices
128I Backflow prevention devices
Section 128I maintains the existing provision that makes it an offence for a
person to remove or render inoperable any backflow prevention device
installed on premises. The section also provides that an offence is not
committed if a person is authorised to take these actions under this Act or
another Act.
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The section provides for action to be taken when a device has been made
inoperable, or removed, in circumstances where it needs to be maintained
in good working order. There is a maximum penalty of 165 penalty units
for this offence.
128J Hot water control devices
Section 128J maintains the existing provision that makes it an offence for a
person to remove or render inoperable any hot water control device
installed on a premises. The section also provides that an offence is not
committed if a person is authorised to take these actions under this Act or
another Act.
For health reasons, hot water systems produce water that can scald persons.
Hot water control devices provide for a mixing valve or other control to
ensure that sufficient cold water is added to hot water before it flows from a
tap, to ensure that the water is cooled to a safe temperature. This section
provides for action to be taken when a device has been made inoperable, or
removed, in circumstances where it needs to be maintained in good
working order. There is a maximum penalty of 165 penalty units for this
offence.
Division 5 Discharge and disposal offences
128K Offence about discharging blackwater
Section 128K provides that the owner of premises commits an offence if
blackwater is not discharged into the sewer or in an unsewered area into an
on-site sewerage facility, a dry vault toilet or an environmentally relevant
on-site sewerage facility. There is a maximum penalty of 500 penalty units
for this offence.
128L Offence about discharging kitchen greywater from
premises
Section 128L provides that the owner of premises commits an offence if
kitchen greywater is not discharged into the sewer or in an unsewered area
into an on-site sewerage facility, an environmentally relevant on-site
sewerage facility or a greywater use facility that includes a greywater
treatment plant. There is a maximum penalty of 500 penalty units for this
offence.
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128M Offences about discharging greywater other than kitchen
greywater from premises
Section 128M provides that the owner of premises in a sewered area
commits an offence if greywater, other than kitchen greywater, is not
discharged into the sewer, a greywater facility or carried by bucket to
garden or lawn areas. For premises not in a sewered area, the greywater
must be discharged into an on-site sewerage facility, an environmentally
relevant on-site sewerage facility, a greywater use facility or carried by
bucket to garden or lawn areas. There is a maximum penalty of 500 penalty
units for this offence.
The section also provides that it is an offence for the owner of premises to
allow ponding of greywater and runoff from premises, causing health
problems or odour nuisance. There is a maximum penalty of 100 penalty
units for this offence.
128N Permissible and prohibited discharges
Section 128N maintains the existing provision that makes it is an offence
for a person to discharge waste into an on-site sewerage facility if the
facility was not installed to process that waste. On-site sewerage facilities
are designed primarily for the treatment and disposal of human wastes, and
the discharge of waste into a facility that it is not designed to receive may
affect the performance of the facility. There is a maximum penalty of 165
penalty units for this offence.
It is also an offence for a person to discharge prohibited wastes into an on-
site sewerage facility. The discharge of prohibited wastes to an on-site
sewerage facility has potential to cause the facility to malfunction and the
effluent disposal system may also be damaged. Prohibited substances are
defined in the dictionary. There is a maximum penalty of 165 penalty units
for this offence.
128O Stormwater drainage must be separate from on-site
sewerage facility
Section 128O maintains the existing provision that makes it is an offence
for the owner of premises to allow the admission of stormwater into an on-
site sewerage facility. Admission of stormwater can lead to facility
overflows, the discharge of untreated sewage to the environment which can
lead to health problems and failure of the treatment processes used to
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render sewage fit for disposal to the environment. There is a maximum
penalty of 165 penalty units for this offence.
128P Disposal of contents of on-site sewerage facility
Section 128P maintains the existing provision that makes it is an offence
for a person to dispose of the contents of an on-site sewerage facility,
whether the contents are effluent or not, other than in a place and a way
approved by the local government. The contents of on-site sewerage
facilities have the capacity to cause health and environmental problems if
handled or disposed of inappropriately. There is a maximum penalty of 100
penalty units for this offence.
Division 6 Other offences
128Q Misleading statement by builder, manufacturer or
supplier
Section 128Q maintains the existing provision that makes it an offence for
builders, manufacturers or suppliers of prefabricated items and built items
to make false or misleading claims concerning whether those items have a
current chief executive approval. It is also an offence for these people to
make false or misleading claims concerning the extent of compliance of a
prefabricated item or built item with the conditions of the chief executive
approval. There is a maximum penalty of 100 penalty units for this offence.
128R On-site sewerage facility no longer required
Section 128R maintains the existing provision that makes it an offence if
the owner of premises does not notify the local government that an on-site
sewerage facility is no longer required for the premises, other than because
the premises have been connected to a service provider's sewerage system.
For example, a facility may no longer be required because the premises are
now being served by a new on-site sewerage facility.
After being notified under this clause, a local government may decide to
issue an enforcement notice ordering the removal of the on-site sewerage
facility that is no longer required and appropriate disposal of its contents.
There is a maximum penalty of 40 penalty units for this offence.
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128S False or misleading documents
Section 128S makes it an offence for a person to give an inspector or
investigator documents containing information they know is false or
misleading about a relevant matter. There is a maximum penalty of 40
penalty units for this offence.
128T Obstruction of investigators or inspectors
Section 128T makes it an offence for a person to obstruct (i.e. hinder, resist
or attempt to obstruct) an investigator or inspector exercising a power
under this Act, unless the person has a reasonable excuse. There is a
maximum penalty of 40 penalty units for this offence.
128U Impersonation of investigator or inspector
Section 128U makes it an offence for a person to pretend to be an
investigator or inspector. There is a maximum penalty of 40 penalty units
for this offence.
Replacement of pt 7, hdg (Reviews)
Clause 35 omits the existing Part 7 heading and inserts a replacement Part 7
heading.
Part 7 Reviews about plumbing and
drainage licences
Omission of pt 7, div 1, hdg (Reviews about plumbing and
drainage licences)
Clause 36 removes the division 1 heading.
Omission of pt 7, div 2 (Reviews about on-site sewerage
facilities)
Clause 37 omits sections 132 and 133 from the Act. The omitted sections
provided that a person who received an information notice under Part 5 or a
notice by a local government about a decision to make a requirement under
Part 5 could apply to the decision maker for a review of the original
decision. The decision maker was the chief executive officer of the
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Department of Local Government, Planning, Sport and Recreation or the
local government depending on the nature of the decision.
The omitted sections provided that the reviewer of the original decision
was required to give the applicant notice of the review decision. If the
applicant was dissatisfied with the review decision the applicant had a right
of appeal to a Building and Development Tribunal against the review
decision.
With the integration of the approval, enforcement and offence provisions
relating to on-site sewerage treatment facilities, the review and appeal
provisions have been simplified so that they operate in the same way as
plumbing and drainage appeals.
The review process for on-site sewerage matters has been deleted by
omitting sections 132 and 133. However, there will be no loss of rights to
dispute a chief executive or local government decision, as the applicant will
still have a right of appeal direct to a Building and Development Tribunal.
The right of appeal to a Building and Development Tribunal will be
triggered when a local government or the chief executive officer issues an
information notice about a decision. The effect of the amendment merely
removes the intermediate step of a review of a decision about on-site
sewerage facilities by a decision maker.
Insertion of new s 139A
Clause 38 inserts new section 139A.
139A Allegations of false or misleading matters
New section 139A provides that a proceeding for an offence against the Act
about a false or misleading document, information or statement may start
by stating that the document, information or statement was `false or
misleading' to the defendant's knowledge without specifying which.
Omission of s 142 (Maintenance of existing combined sanitary
drains)
Clause 39 omits section 142 as it will be inserted in the Standard Plumbing
and Drainage Regulation 2003.
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Replacement of s 143 (Local government's obligation to keep
particular records)
Clause 40 omits the existing section 143 and inserts a replacement section
143.
143 Local government's obligation to keep particular records
Section 143 was replaced to clarify in more detail what documents relevant
to the compliance assessment process must be kept by local governments.
The period (designated period) for which the documents must be kept is
also stated.
The designated period for the retention of compliance documents for class
2 to 9 buildings means until the building is demolished or removed. For
class 1 or 10 buildings, the requirement to keep compliance documents is
the earlier of the following to happen:
· the building's demolition or removal;
· if the documents relate to a compliance permit - 10 years from when
the permit was given;
· if the documents relate to a compliance certificate - 10 years from
when the certificate was given.
The section also provides that the local government must until the
designated period ends have copies of the compliance documents available
for inspection and make copies available for purchase from its office at a
cost no greater than the cost of producing the copy. It is an offence for a
local government officer to obstruct or hinder the inspection or copying of
compliance assessment documents. There is a maximum penalty of 10
penalty units for this offence.
143A Register of installed on-site sewerage and greywater use
facilities
New section 143A provides that local governments must keep a register
containing details of all on-site sewerage and greywater use facilities
installed in its area. Local governments are required to keep the register
from the commencement date of the Act. (Refer section 171).
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143B Local government's monitoring obligations for greywater
use facilities in sewered areas
New section 143B provides that local governments must monitor greywater
use facilities in sewered areas to ensure that their operation is in accordance
with compliance certificate conditions and to make sure that the facility is
not adversely affecting public health, amenity or the environment.
Amendment of s 144 (Chief executive may publish information)
Clause 41 amends the existing provisions and extends the requirement for
the chief executive of the Department of Local Government, Planning,
Sport and Recreation to publish information considered appropriate to on-
site sewerage work, in addition to publishing information about plumbing
and drainage or licensed plumbers and drainers. The publication can be on
the internet or by some other telecommunication method. For example,
additional information about chief executive approvals for built or
prefabricated elements/items of an on-site sewerage treatment plant may be
published on the internet.
Amendment of s 145 (Regulation-making power)
Clause 42 maintains the existing requirements and extends the provisions
to require the Governor in Council to make regulations under this Act
about on-site sewerage work and inspecting the work, in addition to
plumbing and drainage matters. The Standard Plumbing and Drainage
Regulation will include compliance assessment requirements for on-site
sewerage work.
Renumbering of pt 10, divs 2 to 5, hdgs
Clause 43 provides for the renumbering of part 10 divisions 2 to 5
headings.
Insertion of new pt 10, div 2, hdg
Clause 44 inserts new part 10 division 2 heading.
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Division 2 Transitional provisions for Act No. 77
of 2002
Insertion of new pt 10 div 3
Clause 45 inserts new part 10, division 3.
Division 3 Transitional provisions for Plumbing
and Drainage and Other Legislation
Amendment Act 2005
160 Definitions for div 3
New section 160 provides meanings for particular words and terms used in
division 3.
161 Existing applications for model or type specification
approval
New section 161 provides that an application to the chief executive for a
model or type specification approval not decided before the
commencement of the amended Act must be decided in accordance with
the old Part 5 provisions of the Act, as if the provisions were still in force.
If the chief executive gives an information notice approving the application
with conditions or refusing the application, the applicant may still apply to
the chief executive for a review of the decision under old part 7 division 2
of the Act, as if division 2 was still in force.
162 Existing model or type specification approval
New section 162 provides that a model or type specification approval given
by the chief executive before the commencement of the amended Act
(under old part 5) continues in force for the rest of the term it was given, as
if it was a chief executive approval given after the commencement of the
amended Act.
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163 Existing on-site sewerage facility applications
New section 163 provides that an application for approval for on-site
sewerage facilities under old section 96 that is not decided by a local
government before the commencement of the amended Act, must be
decided by the local government under the old section 96 provisions as if
the provisions were still in force.
If the local government gives an information notice approving the
application with conditions or refusing the application, the applicant may
still apply to the local government for a review of the decision under old
part 7 division 2 of the Act, as if division 2 was still in force.
164 Old section 96 approvals continue
New section 164 provides that an approval for an on-site sewerage facility
given by a local government under old section 96 continues in force despite
the repeal of old section 96.
165 Exclusion of s 81 for work performed under old section 96
approval
New section 165 provides that on-site sewerage work done under a local
government approval given under old section 96 need not comply with the
Standard Plumbing and Drainage Regulation. Prior to the commencement
of the amended Act, on-site sewerage facilities only needed to comply with
the on-site sewerage code or relevant Australian Standards. From the
commencement of the amended Act, on-site sewerage work must comply
with the Standard Plumbing and Drainage Regulation that will call up the
Queensland Plumbing and Wastewater Code (QPW Code). The QPW Code
replaces the on-site sewerage code and contains the technical requirements
for on-site sewerage facilities and greywater use in sewered areas and
unsewered areas.
166 Application of ss 82, 83 and 128B for old section 96
approvals
New section 166 provides that the provisions of sections 82, 83 and 128B
apply to an approval given by a local government for on-site sewerage
work performed under an old section 96 approval decided before or after
the commencement of the amended Act. References in sections 82(2) and
128B to compliance permit or compliance certificate are taken to be
references to the old section 96 approval.
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167 On-site facility conditions
New section 167 provides that conditions imposed on an approval for an
on-site sewerage facility under old section 96 are taken to be conditions
imposed under section 86C when applying the offence provisions of
section 128B.
168 Existing notices under old part 5
New section 168 provides that an existing notice given by a local
government about an on-site sewerage facility before the commencement
of the amended Act which has not been complied with continues to apply
in regard to the section under which the notice was given and for the review
provisions under old part 7 division 2. However, these requirements do not
prevent a local government from giving an enforcement notice under
section 116.
169 Appeal right for decisions under old part 5
New section 169 provides that a person has a right of appeal to a Building
and Development Tribunal against a decision to issue an information notice
under old part 5 division 4, if the information notice is given or entitled to
be given before the commencement of the amended Act. An appeal must be
lodged with the Tribunal within 20 business days after the person is given
the information notice.
170 Exemption from particular offences for particular on-site
sewerage facilities built or installed before 30 April 1998
New section 170 carries over a similar provision to that contained in
section 101(12) of the unamended Act. The section provides that sections
128C, 128D and 128E do not apply if the on-site sewerage facility was
built or installed before 30 April 1998, unless an application to change the
facility is approved by the local government or an enforcement notice is
given under section 116 for the facility.
On-site sewerage facilities built or installed before 30 April 1998 were built
or installed prior to the commencement date of the now repealed Standard
Sewerage Law, which although it required compliance with the on-site
sewerage code and AS/NZS 1546.1.1998, did not apply that requirement to
facilities built or installed before it came into force.
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171 On-site sewerage and greywater use facilities to which s
143A applies
New section 171 provides that the requirement for a local government to
keep a register containing details of all on-site sewerage and greywater use
facilities installed in its area for which it has given a compliance certificate,
only applies to facilities installed after the commencement of the amended
Act.
Amendment of schedule (Dictionary)
Clause 46 provides for the omission and inclusion of certain definitions.
Part 5 Amendment of Water Act 2000
Act amended in pt 5
Clause 47 amends the Water Act 2000.
Amendment of s 824 (Discharging certain materials)
Clause 48 provides for the removal of the existing provision under the
Water Act 2000 that prohibits any use of greywater in sewered areas and
requires all greywater in a sewered area to be discharged to the sewer.
© State of Queensland 2005