Queensland Consolidated Acts

BUILDING ACT 1975

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

           Part 1--Introduction

   1.      Short title
   2.      Act binds all persons
   3.      Simplified outline of main provisions of Act

           Part 2--Interpretation

           Division 1--Dictionary

   4.      Definitions

           Division 2--Key definitions

   5.      What is building work
   6.      What is a building development application
   7.      What is building assessment work
   8.      Who is a building certifier
   9.      Private certifiers and their classes
   10.     What is a building certifying function
   11.     Who is the assessment manager for a building development application
   12.     What is the Building Code of Australia (or BCA)
   13.     What is the Queensland Development Code (or QDC)
   14.     When building work complies with the BCA or QDC

           Division 3--Other references

   15.     References to changed BCA or QDC provision
   16.     Reference in Act to applicants, development, assessment managers, referral agencies, building work or building certifiers
   17.     Reference in Act to local government
   18.     Reference to local government includes any other assessment manager under the Planning Act
   19.     Reference to a proposed building or structure

CHAPTER 2--WHEN BUILDING WORK IS ASSESSABLE, SELF-ASSESSABLE OR EXEMPT DEVELOPMENT

   20.     Building work that is assessable development for the Planning Act
   21.     Building work that is self-assessable for the Planning Act
   22.     Building work that is exempt development for the Planning Act

CHAPTER 3--ADDITIONAL REQUIREMENTS FOR BUILDING DEVELOPMENT APPLICATIONS

           Part 1--Requirements for supporting documents

   23.     Operation of pt 1
   24.     Required information for supporting documents
   25.     General requirements for supporting documents
   26.     Requirements if alternative solution used

           Part 2--Other requirements

   27.     Application for building work for budget accommodation building
   28.     Application to build regulated pool
   29.     Application must include required site works

CHAPTER 4--ASSESSMENT OF BUILDING DEVELOPMENT APPLICATIONS AND CARRYING OUT SELF-ASSESSABLE BUILDING WORK

           Part 1--Laws and other documents under which building work must be assessed

           Division 1--General provisions about the laws and documents for the assessment

   30.     Relevant laws and other documents for assessment of building work
   31.     Building assessment provisions form a code for IDAS
   32.     Local laws, planning schemes and local government resolutions that may form part of the building assessment provisions
   33.     Alternative planning scheme provisions to QDC boundary clearance and site cover provisions for particular buildings
   34.     Relationship between IDAS and other building assessment provisions
   34A.    Decision for building development application that complies with building assessment provisions
   35.     Relationship between the BCA and the QDC
   36.     When building assessment provisions must be applied
   37.     Provision for changes to building assessment provisions

           Division 2--Variation of how particular building assessment provisions apply

   38.     Applying to vary how particular building assessment provision applies
   39.     Applying for fast-track decision
   40.     Effect of variation application on IDAS process
   41.     Deciding variation application
   42.     Criteria for decision
   43.     Notice of decision
   44.     Effect of variation

           Part 2--Persons responsible for assessing building development applications

           Division 1--Who carries out building assessment work

   45.     Generally a building certifier must assess
   46.     Concurrence agencies may carry out building assessment work within their jurisdiction

           Division 2--Functions of private certifiers

   47.     Operation of div 2
   48.     Functions of private certifier (class A)
   49.     Functions of private certifier (class B)
   50.     Restrictions on building certifying functions that a private certifier (class B) can perform

           Division 3--Functions of local government

   51.     Function to act on building development application or development approval unless private certifier (class A) engaged
   52.     Restriction on local government issuing building development approval
   53.     Local government may rely on particular compliance certificates and other documents
   54.     Local government may rely on documents private certifier gives it for inspection or purchase

           Division 4--Power of particular replacement assessment managers to decide status under IDAS

   55.     Power to decide what stage of IDAS application is to resume or start

           Part 3--Discretionary matters in the assessment of building development applications

   56.     Building certifier's discretion—BCA
   57.     Building certifier's or concurrence agency's discretion—QDC
   58.     Survey certificate
   59.     Discretion for building development applications for particular budget accommodation buildings
   60.     Building certifier may rely on particular compliance certificates and other documents
   61.     Alterations to safe existing work may be approved on basis of earlier building assessment provisions

           Part 4--Requirements for and restrictions on assessing or approving building development applications

   62.     Requirement to consider any advice agency response
   63.     Restriction on granting building development approval for budget accommodation building
   63A.    Restriction on granting building development approval for residential care building
   64.     Required report before assessing application for temporary building or structure with special fire service
   65.     Land subject to registered easement or statutory covenant
   66.     Special structures
   67.     Temporary building or structures
   68.     Particular alterations not permissible
   68A.    Statement of reasons for approving alternative solution

           Part 5--Conditions of building development approvals

           Division 1--Conditions taken to be imposed

   69.     Operation of div 1
   70.     Engineering drawings
   71.     When demolition, removal and rebuilding must start and be completed
   72.     Building work in erosion prone area
   73.     Obligation to make current drawing available for inspection
   74.     Inspection and testing of special fire service installation
   75.     Earthworks and retaining walls
   76.     Drainage of buildings or land
   77.     Building work over existing sanitary drainage

           Division 2--Conditions that may be imposed

   78.     Survey certificate
   79.     Hazardous buildings
   80.     Alterations to unsafe existing work
   81.     Building development approval for particular alterations may require existing building or structure to comply with building assessment provisions

           Part 6--Regulation of building assessment work and the issuing of building development approvals by private certifiers

   82.     Application of pt 6
   83.     General restrictions on granting building development approval
   84.     Approval must not be inconsistent with particular earlier approvals or self-assessable development
   85.     Additional requirement for decision notice
   86.     Requirements on approval of application
   87.     Local government acknowledgement
   88.     Giving approval documents to applicant

           Part 7--Provisions about lapsing of building development approvals and related matters

           Division 1--Building work for demolition or removal

   89.     Application of div 1
   90.     Relevant period under the Planning Act, s 341 for development approval
   91.     Lapsing of building development approval
   92.     Local government may complete particular work if condition not complied with
   93.     Releasing security

           Division 2--Other building work

   94.     Application of div 2
   95.     Reminder notice requirement for lapsing
   96.     Extension of lapsing time because of application to extend relevant period under the Planning Act, s 341
   97.     Restriction on private certifier (class A) extending relevant period under the Planning Act, s 341 more than once

CHAPTER 5--INSPECTIONS, BUILDING CLASSIFICATION AND THE USE OF BUILDINGS

           Part 1--Giving of inspection documentation for single detached class 1a buildings and class 10 buildings or structures

   98.     Application of pt 1
   99.     Obligation to give owner inspection documentation on final inspection

           Part 2--Certificates of classification for other buildings

           Division 1--Preliminary

   100.    Application of pt 2
   101.    Meaning of substantially completed

           Division 2--Giving of certificate

   102.    Obligation to give certificate of classification on inspection after particular events
   103.    Certificate requirements
   104.    Interim certificate if building is remote
   105.    Certificates for a building occupied in stages

           Division 3--Miscellaneous provisions about certificates of classification

   106.    Term of certificate of classification
   107.    Building certifier's obligation to give referral agency certificate and other documents
   108.    Additional obligations if certificate of classification given by private certifier (class A)
   108A.   Owner's obligations about access to certificate of classification

           Part 3--Changes to BCA classification or use within classification

   109.    What is a BCA classification or use change to a building
   110.    Restriction on making BCA classification or use change
   111.    Provision for applying to local government to obtain approval for BCA classification or use change
   112.    Concessional approval for particular existing buildings
   113.    Obligation of building certifier approving BCA classification or use change to give new certificate of classification

           Part 4--Restrictions on the use of buildings

   114.    No occupation or use of particular buildings without certificate of classification
   114A.   Owner's obligation to comply with certificate of classification
   115.    Compliance with relevant BCA and QDC provisions for occupation and use of building
   116.    Exception for use of government buildings for emergency
   117.    Enforcement action required
   118.    Restriction on use of buildings built on or after 1 April 1976
   119.    Further restriction on occupation of building for residential purposes

           Part 5--Miscellaneous provisions

   120.    BCA classification as special structure
   121.    Doubtful BCA classifications
   122.    Building certifier's obligation to give owner inspection documentation if building development approval lapses
   123.    Certificate of classification for particular buildings built before 30 April 1998
   124.    Building certifier's obligation to give information notice about particular decisions

CHAPTER 6--PROVISIONS ABOUT PRIVATE CERTIFIERS AND OTHER BUILDING CERTIFIERS

           Part 1--General provisions about building certifiers

           Division 1--Regulation of the performance of building certifying functions

   125.    Person must not perform building certifying functions without licence
   126.    Building certifier performing building certifying function must be appropriately licensed
   127.    Building certifier's duty to act in public interest in performing building certifying function
   128.    Building certifier must not perform building certifying function if there is a conflict of interest

           Division 2--Code of conduct

   129.    Code of conduct
   130.    Tabling and inspection of amendment or replacement not part of or attached to regulation
   131.    Access to code of conduct

           Division 3--Miscellaneous provisions

   132.    Effect of building certifier not complying with Act if no penalty provided
   133.    Additional functions of BSA for building certification
   133A.   Building certifier to have regard to particular guidelines

           Part 2--Private certifiers

           Division 1--Regulation of private certifying functions

   134.    Restriction on performing functions of private certifier (class A)
   135.    Restriction on private certifier performing functions for building development applications
   136.    Offence for private certifier not to act in public interest in performing private certifying function
   137.    Private certifier must not perform private certifying function if there is a conflict of interest

           Division 2--Engagement of private certifiers

   138.    Power to contract to perform private certifying functions
   139.    General restrictions on private certifier entering into engagement
   140.    Restriction on engagement of private certifier (class B)
   141.    Requirements for engagement of private certifier
   142.    Engagement of private certifier (class A) taken to include inspection and certification
   143.    Notice of engagement to local government
   144.    Restriction on discontinuing engagement
   145.    Effect of transfer of functions for building development approval to local government or replacement private certifier
   146.    Agreed fee recoverable despite valid refusal of particular actions

           Division 3--Record-keeping and related requirements

   147.    Building development applications and approval documents
   148.    Obligation to give inspection documentation to owner of building
   149.    Obligation to give inspection documentation and any reminder notice to local government
   150.    Obligation to keep inspection documentation

           Part 3--Licensing of building certifiers

           Division 1--Licence levels and their roles

   151.    Levels
   152.    Role of building surveyor
   153.    Role of assistant building surveyor
   154.    Role of building surveying technician

           Division 2--Applying for and obtaining licence

   155.    Who may apply
   156.    Requirements for licence application
   157.    Decision on licence application
   158.    Steps after making decision
   159.    Duration of licence

           Division 3--Private certification endorsements

   160.    Endorsements
   161.    Who may apply for endorsement
   162.    Requirements for endorsement application
   163.    Restrictions on making endorsement
   164.    Notice of refusal

           Division 4--Renewals

   165.    Notice of expiry of licence
   166.    Automatic expiry on failure to apply for renewal
   167.    Applying for renewal
   168.    Existing licence taken to be in force while application is being considered
   169.    Decision on renewal application
   170.    Steps after making decision

           Division 5--Cancellation and suspension of, and other changes to, licences and cancellation of endorsements
           Subdivision 1--BSA's powers

   171.    Power to amend, cancel or suspend licence
   172.    Power to change licence level
   173.    Cancellation of endorsement of licence to act as private certifier
   174.    Notice of particular events to interstate licensing authorities and other entities
           Subdivision 2--Show cause notice procedure
   175.    Show cause notice
   176.    Submissions about show cause notice
   177.    Decision on proposed action
   178.    Notice and taking effect of decision

           Division 6--General provisions about licences

   179.    Register of building certifiers
   180.    Access to register
   181.    Surrendering licence
   182.    Obtaining replacement licence
   183.    Obligation of building certifier to give notice of change in particular circumstances

           Division 7--Miscellaneous provisions

   184.    Accreditation standards bodies
   185.    Function of accreditation standards body
   186.    Criteria for deciding suitability of applicants and licensees
   187.    BSA may seek information from applicants about suitability
   188.    Refund of particular licence fees accompanying applications
   189.    Reviews by tribunal of decisions under pt 3

           Part 4--Complaints, investigations and disciplinary proceedings relating to building certifiers

           Division 1--Complaints

   190.    Making a complaint against a building certifier
   191.    Building certifier must be advised of complaint
   192.    BSA may recommend mediation to resolve complaint
   193.    Mediation process
   194.    Investigation of complaint

           Division 2--Investigations

   195.    BSA may require documents to be produced
   196.    Issue of identity card to auditor
   197.    Production or display of identity card
   198.    Inspection of documents
   199.    Power to enter and inspect building site relating to complaint or audit
   200.    Procedure before entry
   201.    Cooperating with investigation or audit
   202.    False or misleading statements
   203.    False or misleading documents
   204.    Decision after investigation or audit completed
   205.    Review of BSA's decision

           Division 3--Show cause notice for disciplinary proceedings

   206.    Show cause notice
   207.    Representations and decision

           Division 4--Disciplinary proceedings

   208.    Tribunal may conduct disciplinary proceeding
   209.    Constitution of tribunal for disciplinary proceeding
   210.    Notification of disciplinary proceeding
   211.    Orders relating to current building certifier
   212.    Orders relating to former building certifier
   213.    Consequences of failure to comply with tribunal's orders and directions
   214.    Recording details of orders

CHAPTER 7--FIRE SAFETY FOR BUDGET ACCOMMODATION BUILDINGS

           Part 1--Interpretation

   215.    Definitions for ch 7
   216.    Meaning of budget accommodation building

           Part 2--Fire safety standard

   217.    Fire safety standard
   218.    Guidelines for fire safety standard

           Part 3--Budget accommodation buildings built, approved or applied for, before 1 January 1992

   219.    Application of pt 3
   220.    Owner must ensure building conforms with fire safety standard
   221.    Approval of longer period for conformity with fire safety standard
   222.    Advice as to conformity with fire safety standard
   223.    Stay of operation of local government decision
   224.    Local government decisions

           Part 4--All budget accommodation buildings

   225.    Application of pt 4
   226.    Obligation about fire safety management plan
   227.    Accessing fire safety management plan
   228.    Random inspection of buildings for which development approval is given

           Part 5--Miscellaneous

   229.    Obligations of entities about guidelines for fire safety standard and fire safety management plans
   230.    Local government's fire safety record-keeping obligations
   231.    Owner's fire safety record-keeping obligation

CHAPTER 7A--FIRE SAFETY FOR RESIDENTIAL CARE BUILDINGS BUILT, APPROVED OR APPLIED FOR, BEFORE 1 JUNE 2007

           Part 1--Application of chapter 7A

   231AA.  Application of ch 7A

           Part 2--Interpretation

   231AB.  Definitions for ch 7A
   231AC.  What is a residential care building (or RCB)
   231AD.  What are the assessment categories for RCBs

           Part 3--Fire safety standard (RCB)

   231AE.  What is the fire safety standard (RCB)

           Part 3A--RCB assessors

   231AF.  Who is an RCB assessor
   231AG.  Chief executive may approve public service employees to assess RCBs

           Part 4--Assessment of residential care buildings

   231AH.  Owner must have RCB assessed for assessment category and compliance with fire safety standard (RCB)
   231AI.  RCB assessment reports
   231AJ.  Further assessment by RCB assessor
   231AK.  When owner must obtain fire safety (RCB) compliance certificate or certificate or classification
   231AL.  Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of classification
   231AM.  Owner and operator must ensure RCB continues to comply with fire safety standard (RCB)

           Part 5--General

   231AN.  General obligations of operator of RCB
   231AO.  Owner must give RCB assessment report to chief executive and local government
   231AP.  Owner must give fire safety (RCB) compliance certificate to chief executive and local government
   231AQ.  Obligations about access to fire safety (RCB) compliance certificate

CHAPTER 8--SWIMMING POOL SAFETY

           Part 1--Interpretation

   231A.   Definitions for ch 8
   231B.   What is a regulated pool
   231C.   What is a pool safety inspection function
   231D.   What is the pool safety standard

           Part 2--Compliance with pool safety standard and other matters about pool safety

           Division 1--Compliance with pool safety standard

   232.    Compliance with pool safety standard—regulated pool

           Division 2--Requirements about constructing regulated pool

   233.    Constructing regulated pool—requirement for warning sign
   234.    Constructing regulated pool—requirement for compliance with pool safety standard

           Division 3--Exemptions from compliance with pool safety standard—disability
           Subdivision 1--Applying for exemption and deciding application

   235.    Application for exemption—disability
   236.    Requirement for further information
   237.    Decision on application
   238.    Notice of decision
   239.    Notice of exemption to be given to chief executive
   240.    Application of pool safety standard under exemption
           Subdivision 2--Ending and revocation of exemptions
   241.    When exemption ends
   242.    Local government may revoke exemption
   243.    Notice of revocation to be given to chief executive
           Subdivision 3--Miscellaneous
   244.    Keeping copy of exemption

           Division 4--Exemptions from compliance with pool safety standard—impracticality
           Subdivision 1--Applying for exemption and deciding applications

   245.    Application for exemption—compliance impracticable
   245A.   Requirement for further information
   245B.   Decision on application
   245C.   Notice of decision and application of pool safety standard under exemption
   245D.   Continuation of exemption
           Subdivision 2--Revocation of exemptions
   245E.   Local government may revoke exemption
           Subdivision 3--Miscellaneous
   245F.   Notice of exemption or revocation to be given to chief executive
   245FA.  Keeping copy of exemption

           Division 5--Reporting, and giving notice of, pool immersion incidents

   245G.   Requirement to report pool immersion incident
   245H.   Disclosure of information about pool immersion incident
   245I.   Giving notice of pool immersion incidents

           Division 6--Pool safety management plans for particular pools
           Subdivision 1--Preliminary

   245J.   Application of div 6
   245K.   Requirement to have pool safety management plan
   245L.   Requirement to comply with approved pool safety management plan
           Subdivision 2--Approval, and duration, of pool safety management plans
   245M.   Application for approval
   245N.   Requirement for further information
   245O.   Decision on application
   245P.   Duration of plan
           Subdivision 3--Cancellation of approval and amendment of approved pool safety management plan
   245Q.   Cancellation or amendment
   245R.   When decision has effect
           Subdivision 4--Appeals
   245S.   Appeals to building and development committee of decisions under div 6

           Division 7--Miscellaneous

   245T.   Access to regulated pool to be kept secure
   245U.   Interference with barriers for regulated pools
   245UA.  Chief executive may give local government information about regulated pools
   245V.   When particular local government exemptions about requirements for pool fencing end
   245W.   When particular local law has no force or effect for regulated pool

           Part 2A--Neighbours' rights and responsibilities for particular dividing fences

           Division 1--Introduction

   245X.   Overview

           Division 2--Interpretation

   245XA.  Definitions for pt 2A

           Division 3--Rights and responsibilities of pool owners and their neighbours for particular dividing fences

   245XB.  Right to construct pool barrier along common boundary
   245XC.  Walls on common boundary
   245XD.  Right to alter or replace existing dividing fence for the purpose of a pool barrier
   245XE.  Right to construct part of the barrier for 2 neighbouring pools along the common boundary or alter or replace existing fence
   245XF.  Limited right of neighbour to alter or replace part of pool barrier along a common boundary
   245XG.  Right to enter adjoining land to carry out fencing work
   245XH.  Apportioning cost of constructing etc. dividing fence forming part of a pool barrier
   245XI.  Attaching things to a dividing fence forming part of a pool barrier
   245XJ.  Negligent or deliberate act or omission
   245XK.  Urgent fencing work

           Division 4--Process for obtaining contribution and resolving disputes
           Subdivision 1--Introduction

   245XL.  Overview
           Subdivision 2--Notices
   245XM.  Notice of proposed fencing work
   245XN.  Notice to contribute for urgent fencing work
           Subdivision 3--Resolving disputes
   245XO.  Jurisdiction
   245XP.  Representation
   245XQ.  Orders about carrying out fencing work
   245XR.  Matters for QCAT consideration
   245XS.  Application for order in absence of adjoining owner

           Division 5--Process for dealing with unauthorised fencing work

   245XT.  Unauthorised fencing work
   245XU.  Application before unauthorised fencing work
   245XV.  Application after unauthorised fencing work

           Division 6--Process if common boundary not agreed

   245XW.  Process if common boundary not agreed

           Division 7--General

   245XX.  Measurement of the height of a dividing fence or pool barrier
   245XY.  Substantial compliance is adequate
   245XZ.  Giving documents
   246.    Descriptions in notice

           Part 3--Inspections of regulated pools and the giving of pool safety certificates

           Division 1--Inspections of regulated pools by pool safety inspectors

   246AA.  Obligation to give pool safety certificate on inspection in particular circumstances
   246AB.  Nonconformity notice
   246AC.  Steps after nonconformity notice
   246ACA. Special provision for pool inspection in remote areas
   246AD.  Record-keeping requirements for inspections

           Division 2--Functions of local government for inspections of regulated pools

   246ADA. Requirement to inspect particular pools
   246AE.  Power of local government to inspect regulated pool
   246AF.  Cancellation of pool safety certificate after inspection
   246AG.  Show cause notice procedure and decision
   246AH.  Request for inspection of regulated pool
   246AI.  Pool safety certificate does not limit power of local government to enter land for particular purposes
   246AIA. Keeping records of particular notices
   246AIB. Local government to give information to chief executive

           Division 3--Pool safety certificates

   246AJ.  Identification number for pool safety certificate
   246AK.  Form of pool safety certificate
   246AL.  Term of pool safety certificate
   246AM.  Pool safety inspector's obligation to give notice of pool safety certificates
   246AN.  Final inspection certificate or certificate of classification instead of pool safety certificate

           Division 4--Miscellaneous provision

   246AO.  Appeals to building and development committee of decisions under pt 3

           Part 4--General provisions about regulated pools

           Division 1--Obligations to give notice of regulated pools

   246AP.  Building certifier's obligation to give notice of regulated pool
   246AQ.  Local government's obligation to give notice of existing regulated pool
   246AR.  Owner's obligation to give notice of existing regulated pool

           Division 2--Register of regulated pools

   246AS.  Regulated pools register
   246AT.  Access to regulated pools register

           Division 3--Functions of private certifiers—regulated pools

   246ATA. Application of div 3
   246ATB. Private certifier to take enforcement action

           Division 4--Obligation to give information to particular regulated pool owners

   246ATC. Local government's obligation to give information about particular regulated pools

           Division 5--Provisions about dealings involving regulated pools
           Subdivision 1--Preliminary

   246ATD. Definitions for div 5
   246ATE. When pool safety certificate taken to be in effect for div 5
           Subdivision 2--Offences and other requirements
   246ATF. Offence about sale of regulated premises
   246ATG. Offence about entering into accommodation agreement—regulated pool that is not a shared pool
   246ATH. Offences about displaying and giving copies of pool safety certificates for shared pools
   246ATI. Offence about entering into accommodation agreement—pool safety certificate not in effect for shared pool
   246ATJ. Requirement to obtain pool safety certificate for regulated pool that is not a shared pool
   246ATK. Requirement to obtain pool safety certificate for regulated pool that is a shared pool
   246ATL. Licensee not to ask for, or receive, reward in particular circumstances
           Subdivision 3--Miscellaneous
   246ATM. Prescribed notification requirements

           Part 5--General provisions about pool safety inspectors

           Division 1--Regulation of the performance of pool safety inspection functions

   246AU.  Person must not perform pool safety inspection functions without licence
   246AV.  Person must not perform pool safety inspection functions without prescribed professional indemnity insurance
   246AW.  Giving pool safety certificates and nonconformity notices
   246AX.  Pool safety inspector's duty to act in public interest in performing pool safety inspection function
   246AY.  Pool safety inspector must not perform pool safety inspection function if there is a conflict of interest

           Division 2--Code of conduct for pool safety inspectors

   246AZ.  Making code of conduct for pool safety inspectors
   246BA.  When code of conduct for pool safety inspectors takes effect
   246BB.  Tabling and inspection of amendment or replacement not part of or attached to regulation
   246BC.  Access to code of conduct for pool safety inspectors

           Division 3--Miscellaneous provisions

   246BD.  Effect of pool safety inspector not complying with Act if no penalty provided
   246BE.  Pool safety inspector may carry out minor repairs in particular circumstances
   246BF.  Pool safety inspector to have regard to particular guidelines

           Part 6--Licensing of pool safety inspectors

           Division 1--Role

   246BG.  Role of pool safety inspector

           Division 2--Applying for and obtaining licence

   246BH.  Who may apply
   246BI.  Requirements for application
   246BJ.  Decision on licence application
   246BK.  Steps after making decision
   246BL.  Duration of licence

           Division 3--Renewal and restoration of licences
           Subdivision 1--Notice of expiry

   246BM.  Notice of expiry of licence
           Subdivision 2--Renewals
   246BN.  Applying for renewal
   246BO.  Existing licence taken to be in force while application is being considered
   246BP.  Decision on renewal application
   246BQ.  Steps after making decision
           Subdivision 3--Restoration
   246BR.  Applying for restoration
   246BS.  Existing licence taken to be in force while application is being considered
   246BT.  Decision on restoration application
   246BU.  Steps after making decision

           Division 4--Cancellation and suspension of, and other changes to, licences
           Subdivision 1--PSC's powers

   246BV.  Power to amend, cancel or suspend licence
   246BW.  Notice of particular events to interstate licensing authorities and other entities
           Subdivision 2--Show cause notice procedure
   246BX.  Show cause notice
   246BY.  Submissions about show cause notice
   246BZ.  Decision on proposed action
   246CA.  Notice and taking effect of decision

           Division 5--General provisions about licences

   246CB.  Register of pool safety inspectors
   246CC.  Access to pool safety inspectors register
   246CD.  Surrendering licence
   246CE.  Obtaining replacement licence
   246CF.  Obligation of pool safety inspector to give notice of change in particular circumstances

           Division 6--Miscellaneous provisions

   246CG.  Criteria for deciding suitability of applicants and licensees
   246CH.  PSC may seek information from applicants about suitability and other matters
   246CI.  Refund of particular licence fees accompanying applications
   246CJ.  Reviews by tribunal of decisions under pt 6

           Part 7--Complaints, investigations and disciplinary proceedings relating to pool safety inspectors

           Division 1--Complaints

   246CK.  Making a complaint against a pool safety inspector
   246CL.  Pool safety inspector must be advised of complaint
   246CM.  PSC may recommend mediation to resolve complaint
   246CN.  Mediation process
   246CO.  Investigation of complaint

           Division 2--Investigations

   246CP.  PSC may require documents to be produced
   246CQ.  Issue of identity card to investigator
   246CR.  Production or display of identity card
   246CS.  Inspection of documents
   246CT.  Power to enter and inspect pool site relating to complaint or audit
   246CU.  Procedure before entry
   246CV.  Cooperating with investigation or audit
   246CW.  False or misleading statements
   246CX.  False or misleading documents
   246CY.  Decision after investigation or audit completed
   246CZ.  Review of PSC's decision

           Division 3--Disciplinary proceedings

   246DA.  Tribunal may conduct disciplinary proceeding
   246DB.  Constitution of tribunal for disciplinary proceeding
   246DC.  Orders relating to current pool safety inspector
   246DD.  Orders relating to former pool safety inspector
   246DE.  Consequences of failure to comply with tribunal's orders and directions
   246DF.  Recording details of orders

           Part 8--Approved training courses for pool safety inspectors

           Division 1--Role of eligible course providers

   246DG.  Eligible course providers and their functions

           Division 2--Applying for and obtaining approval of training course

   246DH.  Application to conduct training course
   246DI.  Decision on application and steps after making decision
   246DJ.  Duration of approval

           Division 3--Renewals of approvals

   246DK.  Applying for renewal
   246DL.  Decision on application and steps after making decision

           Division 4--Cancellation and amendment of approvals

   246DM.  Cancellation or amendment of approval

           Division 5--Show cause notice procedure

   246DN.  Show cause notice
   246DO.  Submissions about show cause notice
   246DP.  Decision, notice and taking effect of decision

           Division 6--Audit powers

   246DQ.  Definition for div 6
   246DR.  Compliance audit of eligible course provider
   246DS.  PSC may require documents to be produced

           Division 7--Reviews of decisions

   246DT.  Reviews by tribunal of decisions under pt 8
   246DU.  Assessors to help tribunal
   246DV.  Function and powers of assessors
   246DW.  Appointment of assessors
   246DX.  Disqualification from appointment as assessor
   246DY.  Tribunal may have regard to assessor's view

           Division 8--Offences

   246DZ.  Falsely claiming to be eligible course provider
   246EA.  Falsely claiming to be conducting approved training course
   246EB.  Offences about issuing certificates of competency

           Division 9--Miscellaneous provisions

   246EC.  Training course guidelines
   246ED.  PSC may seek information from applicants and holders of approvals about suitability and other matters
   246EE.  Refund of particular approval fees accompanying applications

           Part 9--Pool Safety Council

           Division 1--Establishment, functions and powers

   246EF.  Establishment of PSC
   246EG.  Legal status
   246EH.  Functions of PSC
   246EI.  Powers of PSC
   246EJ.  Delegation by PSC

           Division 2--Membership of PSC

   246EK.  Members
   246EL.  Appointment of deputy members
   246EM.  Chairperson and deputy chairperson of PSC
   246EN.  Conditions of appointment to PSC
   246EO.  Disqualification from membership
   246EP.  Criteria for deciding suitability of member
   246EQ.  When appointed member's office becomes vacant
   246ER.  Leave of absence
   246ES.  Disclosure of interests
   246ET.  Protection of members from civil liability

           Division 3--Meetings and other business of PSC

   246EU.  Conduct of business
   246EV.  Times and places of meetings
   246EW.  Quorum
   246EX.  Presiding at meetings
   246EY.  Conduct of meetings
   246EZ.  Minutes

           Division 4--Staff of PSC

   246FA.  Officers, employees and agents

           Division 5--Pool Safety Fund

   246FB.  Establishment of fund
   246FC.  Purpose and administration of fund
   246FD.  Payments from fund

           Division 6--Miscellaneous provisions

   246FE.  Criminal history checks
   246FF.  Disclosure of changes in criminal history
   246FG.  Ministerial directions to PSC
   246FH.  Delegation by registrar
   246FI.  Authentication of documents
   246FJ.  Annual report
   246FK.  Privacy

CHAPTER 8A--SUSTAINABILITY DECLARATIONS AND PROVISIONS TO SUPPORT SUSTAINABLE HOUSING

           Part 1--Sustainability declarations for sale of class 1a and 2 buildings

           Division 1--Preliminary

   246A.   Definitions for pt 1
   246B.   Form and content of sustainability declaration

           Division 2--Preparing, amending and replacing sustainability declarations

   246C.   Requirement to have sustainability declaration
   246D.   Amending or replacing sustainability declaration

           Division 3--Requirements about advertising sale, and inspection, of buildings

   246E.   Application of div 3
   246F.   Requirements about advertising sale of building
   246G.   Requirements about inspection of building
   246H.   Requirement to give copy of sustainability declaration

           Division 4--Other matters

   246I.   Compensation for false or misleading sustainability declaration
   246J.   No right to terminate contract for publishing or giving sustainability declaration
   246K.   Breach of obligation does not generally give rise to right or remedy

           Part 2--Provisions to support sustainable housing

           Division 1--Preliminary

   246L.   Purpose of pt 2
   246M.   Definitions for pt 2
   246N.   Application of pt 2

           Division 2--Limiting effect of prohibitions etc. for particular sustainable housing measures

   246O.   Prohibitions or requirements that have no force or effect
   246P.   Restrictions that have no force or effect—roof colours and windows
   246Q.   Restrictions that have no force or effect—other restrictions
   246R.   When requirement to obtain consent for particular activities can not be withheld—roof colours and windows
   246S.   When requirement to obtain consent for particular activities can not be withheld—other matters

           Division 3--Miscellaneous provisions

   246T.   Particular limitation on operation of pt 2
   246U.   No compensation payable

CHAPTER 8B--TRANSPORT NOISE CORRIDORS

           Part 1--Preliminary

   246V.   Purpose of ch 8B
   246W.   Definitions for ch 8B

           Part 2--Designation by local governments

   246X.   Designation of transport noise corridor—local governments
   246Y.   Notification about designation of transport noise corridor

           Part 3--Designation by transport chief executive

   246Z.   Designation of transport noise corridor—transport chief executive
   246ZA.  Notification about designation of transport noise corridor

CHAPTER 9--SHOW CAUSE AND ENFORCEMENT NOTICES

   247.    Show cause notices
   248.    Enforcement notices
   249.    Specific requirements of enforcement notices
   250.    Appeals against enforcement notices
   251.    Register of notices given
   252.    Action local government may take if enforcement notice not complied with
   253.    Removal of persons in buildings to be demolished

CHAPTER 10--GENERAL PROVISIONS

   254.    Approved forms
   255.    Information to be given by the State
   256.    Prosecution of offences
   257.    Liability for corporation's default
   257A.   Disclosure of particular information
   258.    Guidelines
   259.    Access to guidelines
   260.    Evidentiary aids
   261.    Regulation-making power

CHAPTER 11--SAVINGS AND TRANSITIONAL PROVISIONS

           Part 1--Transitional provision for Local Government Act 1993

   262.    Swimming pool fencing compliance—hardship

           Part 2--Transitional provisions for Building and Integrated Planning Amendment Act 1998

   263.    References to Standard Building Law etc.
   264.    Existing referees
   265.    Existing registrar
   266.    Lawfully constructed buildings and structures protected

           Part 3--Transitional provisions for Building Amendment Act 2003

   267.    Definitions for pt 3
   268.    Existing exemption from fencing swimming pool
   269.    Undecided application for exemption from fencing swimming pool
   270.    When resuscitation sign for outdoor swimming pool not required
   271.    Revocation of decisions or previous variations

           Part 4--Transitional provisions for Plumbing and Drainage Act 2002

   272.    Definitions for pt 4
   273.    Swimming pool fences for existing tourist resort complexes exempted
   274.    Unsatisfactory conduct and professional misconduct
   275.    Appeals to chief executive against accrediting body's decision
   276.    Appeal to the court against chief executive's decision
   277.    Orders relating to building certifiers

           Part 5--Transitional provisions for Building and Other Legislation Amendment Act 2006

   278.    Undecided building development applications
   279.    Exclusion of reminder notice requirement for existing building development approvals
   280.    Consequential amendments to the QDC
   281.    Consequential amendments to code of conduct
   283.    Existing rainwater tank provisions in planning schemes

           Part 6--Transitional provision for Building and Other Legislation Amendment Act 2008

   284.    Transitional provision for s 108A

           Part 7--Transitional provision for Sustainable Planning Act 2009

   285.    Continuing application of chs 2, 3 and 4

           Part 8--Transitional provisions for Building and Other Legislation Amendment Act 2009

   286.    Continuing application of s 154
   287.    Continuing application of s 155

           Part 9--Transitional provisions for Building and Other Legislation Amendment Act 2010

   288.    Term of pool safety certificate in force before the commencement
   289.    Building certifiers taken to be licensed as pool safety inspectors for 1 year

           Part 10--Transitional provisions for Building and Other Legislation Amendment Act (No. 2) 2010

   290.    Definitions for pt 10
   291.    When s 232 applies to particular regulated pools
   292.    Term of pool safety certificate for particular regulated pools
   293.    Continuing application of particular provisions—requirements about fencing pool
   294.    Continuing application of particular provisions—resuscitation sign
   295.    Application of s 233
   296.    Continuing application of previous s 237
   297.    Application for exemption under previous s 240
   298.    Continuing effect of particular exemptions
   299.    Keeping copy of exemption
   300.    When s 246ATK applies to particular regulated pools

           Part 11--Transitional and validation provisions for Queensland Reconstruction Authority Act 2011

   301.    Definition for pt 11
   302.    Modified application of ch 8 provisions
   303.    Offence about entering into accommodation agreement
   304.    Additional role of relevant building surveying technician
   305.    Validation of relevant building surveying technician function

           Part 12--Transitional provision inserted under Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011

   306.    Provision about offences under s 246AR

           Part 13--Validation provision inserted under the Local Government Electoral Act 2011

   307.    Validation of particular appointments to PSC
           SCHEDULE 1 -- THE QDC ON 14 JUNE 2011
           SCHEDULE 2 -- DICTIONARY
           Endnotes