PLUMBING AND DRAINAGE ACT 2018

Queensland Numbered Acts

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PLUMBING AND DRAINAGE ACT 2018

- As at 11 September 2018
- Act 17 of 2018

TABLE OF PROVISIONS

PART 1 - PRELIMINARY

Division 1 - Introduction

1. Short title
2. Commencement
3. Main purpose of Act
4. Act binds all persons

Division 2 - Interpretation

5. Definitions
6. Categories of plumbing or drainage work
7. The Queensland Plumbing and Wastewater Code
8. The Plumbing Code of Australia
9. Code requirements
10. References to plumbing or drainage work
11. References to local governments

PART 2 - LICENSING

Division 1 - Classes of licences

12. Classes of licences
13. Work that may be carried out under licences

Division 2 - Granting licences

14. Qualifications and practical experience required for licence
15. Entitlement to licence
16. Application for licence
17. Inquiry about applicant
18. Extending decision period for application
19. Deciding application
20. Imposing conditions on licence
21. Steps to be taken after application decided
22. Form of licence
23. Duration of licence

Division 3 - Upgrading provisional licences

24. Commissioner may upgrade provisional licence

Division 4 - Endorsements

25. Endorsements on licences
26. Qualifications and practical experience required for endorsement
27. Entitlement to endorsement
28. Application for endorsement
29. Deciding application

Division 5 - Renewing licences

30. Notice of expiry of licence
31. Application to renew licence
32. Deciding application

Division 6 - Restoring expired licences

33. Application to restore licence
34. Deciding application

Division 7 - Reviewing licence conditions

35. Review of licence conditions started by licensee
36. Review of licence conditions started by commissioner
37. Requiring further information to decide application
38. Decision on review of licence conditions
39. When decision takes effect
40. Returning licence for amendment or replacement

Division 8 - Other provisions about licences

41. Register of licensees
42. Replacing licence
43. Obtaining certified copy of licence
44. Notice of change in circumstances
45. Notice of particular events to licensing authorities and other entities
46. Licensee to have regard to particular guidelines

Division 9 - Audit programs and auditing licensees

47. Approved audit program
48. Supplying documents or information

Division 10 - Disciplinary action

49. Grounds for disciplinary action
50. Show cause notice
51. Deciding action to be taken
52. Disciplinary action that may be taken by commissioner
53. Advising licensee of decision
54. When suspension takes effect
55. Referral of particular disciplinary action to QCAT

PART 3 - GENERAL OFFENCES

Division 1 - Offences about licences

56. Carrying out work without appropriate licence
57. Supervising or directing work without appropriate licence
58. Exemptions for ss 56 and 57
59. Directly supervising trainees or unlicensed persons
60. Contravening licence conditions
61. Limits on provisional licensees
62. Returning suspended or cancelled licence
63. Surrendering licence

Division 2 - Offences about carrying out plumbing or drainage work

64. Complying with code requirements for plumbing and drainage work
65. Installing things as part of plumbing or drainage work
66. Permit required for permit work
67. Directing persons to carry out non-compliant work
68. Polluting water service provider’s water service or sewerage service provider’s sewerage system

Division 3 - Offences about use restrictions

69. Using plumbing or drainage before inspection certificate or final inspection certificate issued for permit work
70. Owner’s obligation for operating and maintaining plumbing and drainage

Division 4 - Prohibitions on removing or tampering with particular devices

71. Backflow prevention devices
72. Temperature control devices
73. Tampering with water meter

Division 5 - Discharge and disposal offences

74. Discharging toilet waste and water
75. Permissible and prohibited discharges
76. Disposing of contents of on-site sewage facility
77. Disposing of contents of greywater treatment plant
78. Discharging kitchen greywater
79. Discharging and using greywater, other than kitchen greywater
80. Stormwater installation not to be connected to on-site sewage facility or sanitary drain

Division 6 - Offences relating to finishing notifiable work

81. Who is a relevant person for notifiable work
82. When notifiable work is finished
83. Action after notifiable work is finished

Division 7 - Other offences

84. False or misleading information
85. Misleading representation by builder, manufacturer or supplier of on-site sewage treatment plant
86. False advertising or misleading representation of particular things
87. Obstructing inspector
88. Impersonating inspector

PART 4 - LEGAL PROCEEDINGS

Division 1 - General

89. Proceedings for offences
90. Who may prosecute

Division 2 - Evidence

91. Application of division
92. Appointments and authority
93. Signatures
94. Authentication of council documents
95. Other evidentiary aids
96. Conduct of representatives
97. Evidential immunity for individuals complying with particular requirements

Division 3 - Payment of penalties and fines

98. Payment of particular penalties and fines

PART 5 - ADMINISTRATION BY QBCC

Division 1 - Functions of commissioner

99. Plumbing and drainage functions of commissioner

Division 2 - Assistant commissioner

100. Appointment of assistant commissioner
101. Functions and powers of assistant commissioner
102. Reports to the council
103. Representation of the council at QCAT proceedings
104. Delegations

Division 3 - Service Trades Council

Subdivision 1 - Establishment, functions and powers of the council

105. Establishment
106. Functions
107. Powers
108. Delegations

Subdivision 2 - Membership of the council

109. Appointing members
110. Appointing deputy members
111. Appointing temporary members
112. Disqualification as member, deputy member or temporary member
113. Conditions of appointment
114. Term of appointment
115. Chairperson
116. Deputy chairperson
117. Resigning as a member
118. Vacating office
119. Leave of absence for members
120. Criminal history report
121. Disclosing new convictions
122. Criminal history is confidential

Subdivision 3 - Business of the council

123. References to members
124. Conduct of business
125. Times and places of meetings
126. Quorum
127. Presiding at meetings
128. Conducting meetings
129. Minutes
130. Establishing panels
131. Panel members and other matters about panels
132. Disclosing interests

Division 4 - Investigators

133. Investigator to have regard to particular guidelines

PART 6 - ROLE OF LOCAL GOVERNMENTS

Division 1 - Preliminary

134. Local laws and local planning instruments

Division 2 - Administrative matters

135. Administration by local governments and other entities
136. Monitoring particular greywater use facilities
137. Monitoring particular on-site sewage facilities
138. Local government to have regard to particular guidelines

Division 3 - Plumbing and drainage inspectors

139. Appointment and qualifications
140. Functions of inspectors
141. Inspector to have regard to particular guidelines
142. Advising commissioner of appointment of inspectors

Division 4 - Enforcement by local governments

143. When enforcement notice may be given
144. Show cause notice
145. Use of enforcement notice
146. Requirements for enforcement notice
147. Contravening, or tampering with, enforcement notice
148. Application for permit in response to show cause or enforcement notice
149. Administering entity may remedy contravention
150. Action notices
151. Stay of enforcement notice or action notice

PART 7 - MISCELLANEOUS PROVISIONS

152. Approval of forms
153. Electronic notices
154. Guidelines
155. Public access to documents
156. Fees payable to QBCC
157. Regulation-making power

PART 8 - REPEAL, TRANSITIONAL AND VALIDATION PROVISIONS

Division 1 - Repeal

158. Act repealed

Division 2 - Transitional and validation provisions

159. Members of council
160. Assistant commissioner
161. Licence applications
162. Licences
163. Disciplinary action
164. Permits and certificates
165. Compliance requests for compliance assessment of plan for plumbing or drainage work
166. Compliance requests for compliance assessment of plumbing or drainage work
167. Information requests
168. Applications for chief executive approval
169. Chief executive approvals
170. Inspectors
171. Enforcement notices
172. Plumbing or drainage work
173. References to repealed Act and regulations
173A . Holder of particular licence taken to hold associated occupation licence in relevant period
174. Transitional regulation-making power

PART 9 - AMENDMENT OF ACTS

Division 1 - Amendment of this Act

175. Act amended
176. Amendment of long title

Division 1A - Amendment of Building Industry Fairness (Security of Payment) Act 2017

176A . Act amended
176B . Amendment of s 2 (Commencement)
176C . Amendment of s 8 (Definitions for chapter)
176D . Amendment of s 9 (What is a project bank account)
176E . Insertion of new s 10A
176F . Amendment of s 11 (Who is a supplier)
176G . Amendment of s 19 (Who is a related entity)
176H . Amendment of s 23 (Head contractor must establish project bank account)
176I . Amendment of s 25 (Name of trust account)
176J . Amendment of s 26 (Notice of trust account’s opening, closing or name change)
176K . Amendment of s 27 (All payments from principal to be deposited in project bank account)
176L . Amendment of s 28 (Limited purposes for which money may be deposited into project bank account)
176M . Amendment of s 29 (All payments to subcontractor beneficiaries to be paid from project bank account)
176N . Amendment of s 30 (Head contractor to cover shortfalls)
176O . Amendment of s 31 (Limited purposes for which money may be withdrawn from project bank account)
176P . Amendment of s 32 (Order of priority)
176Q . Amendment of s 33 (Insufficient amounts available for payments)
176R . Amendment of s 34 (Dealing with retention amounts)
176S . Insertion of new s 34A
176T . Insertion of new s 34B
176U . Amendment of s 35 (When payment dispute occurs)
176V . Amendment of s 36 (Dealing with amounts if payment dispute occurs)
176W . Insertion of new ss 36A–36C
176X . Amendment of s 37 (Ending project bank account)
176Y . Amendment of s 39 (Amounts in project bank account unavailable for head contractor’s debts)
176Z . Amendment of s 50 (Principal to be given information about subcontracts)
176ZA . Amendment of s 52 (Principal to inform commissioner of discrepancies)
176ZB . Insertion of new ch 2, pt 5, div 1, hdg
176ZC . Insertion of new ch 2, pt 5, div 2, hdg
176ZD . Amendment of s 54 (Right of principal to step in as trustee)
176ZE . Insertion of new ch 2, pt 5, div 3, hdg
176ZF . Insertion of new s 54A
176ZG . Amendment of s 55 (Information to be given to principal as trustee)
176ZH . Insertion of new s 55A
176ZI . Amendment of s 56 (Principal as trustee)
176ZJ . Amendment of s 57 (Protection from civil liability)
176ZK . Replacement of s 76 (Responding to payment claim)
176ZL . Amendment of s 88 (Adjudicator’s decision)
176ZM . Amendment of s 165 (Conditions of registration)
176ZN . Amendment of s 185 (Adjudicator must give information to registrar)
176ZO . Replacement of s 190 (Who may prosecute)
176ZP . Insertion of new ch 8, pt 1A
176ZQ . Insertion of new s 205A
176ZR . Amendment of s 209 (Unfinished matters for existing subcontractors’ charges to be dealt with under the repealed Act)
176ZS . Amendment of s 211 (Transitional regulation-making power)
176ZT . Amendment of s 307 (Amendment of sch 2 (Dictionary))
176ZU . Amendment of sch 2 (Dictionary)

Division 2 - Amendment of Planning Act 2016

177. Act amended
178. Amendment of s 229 (Appeals to tribunal or P&E Court)
179. Amendment of s 251 (Matters tribunal may consider)
180. Amendment of sch 1 (Appeals)
181. Amendment of sch 2 (Dictionary)

Division 3 - Amendment of Queensland Building and Construction Commission Act 1991

182. Act amended
183. Insertion of new s 30D
184. Amendment of s 32AB (Entitlement to a fire protection occupational licence)
185. Amendment of s 37 (Period of renewal)
186. Insertion of new s 42CA
187. Insertion of new s 42DA
188. Amendment of s 44E (Conditions of permit)
189. Amendment of s 56AB (Operation of pt 3A)
190. Amendment of s 57 (Operation of pt 3B)
191. Amendment of s 62 (Operation of pt 3C)
192. Amendment of s 67AV (Operation of pt 3E)
192A . Omission of s 67AZAA (When demerit points allocated for direction to rectify or remedy)
192B . Amendment of s 74AA (Definitions for part)
192C . Amendment of s 74AE (Who is a person in the chain of responsibility for a building product)
192D . Amendment of s 74AG (Additional duty relating to accompanying information)
192E . Amendment of s 74AH (Additional duties relating to recalls)
192F . Amendment of s 74AW (Minister may make recall order)
192G . Amendment of s 74AZ (Nature of recall order)
192H . Amendment of s 74AZA (Supplier or installer must help responsible person)
192I . Amendment of s 74AZC (Minister may publish warning statement)
192J . Amendment of s 74A (Commission may investigate grounds for taking disciplinary action)
192K . Amendment of s 74C (Proper grounds for taking disciplinary action against person not a licensee)
193. Amendment of s 75 (Tribunal work defined)
193A . Amendment of s 86 (Reviewable decisions)
193B . Amendment of s 87A (No stay by QCAT of particular decisions)
193C . Amendment of s 92 (Tribunal may conduct public examination)
193D . Amendment of s 95 (Expedited hearing of domestic building disputes or reviews)
193E . Amendment of s 99 (Licensee register)
193F . Amendment of sch 1 (Transitional and validating provisions)
193G . Amendment of sch 1 (Transitional and validating provisions)
194. Insertion of new sch 1, pt 16
195. Amendment of sch 1A (Exemptions from requirement to hold contractor’s licence)
196. Amendment of sch 2 (Dictionary)

Division 4 - Minor and consequential amendments

197. Acts amended
SCHEDULE 1
SCHEDULE 2

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