Queensland Consolidated Regulations

BUILDING FIRE SAFETY REGULATION 2008 - REG 91

91 Particular applications for stated building work that is combustible cladding rectification work only

(1) This section applies in relation to an applicant for stated building work that is combustible cladding work only if the application was made before the commencement.

(2) Subsection (3) applies if—

(a) during the relevant period, the applicant paid to the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work; and

(b) the amount paid is more than the amount that would be payable by the applicant to the service if the application were made after the commencement.

(3) The service must refund the difference between the amounts to the applicant.

(4) Subsections (5) and (6) apply if, during the relevant period—

(a) the service started to carry out an activity in relation to required special fire services for the stated building work and the applicant had not, immediately before the commencement, paid the service a fee or cost under part 6, division 2 or 3 in relation to the activity; or

(b) an obligation otherwise arose for the applicant to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work, but the applicant had not, immediately before the commencement, paid the fee or cost.

(5) The applicant is not required to pay the service a fee or cost under part 6, division 2 or 3 in relation to required special fire services for the stated building work.

(6) Part 6, as amended by the amending regulation, applies in relation to the applicant and any activity carried out by the service in relation to the application whether the activity was carried out before or after the commencement.

(7) In this section—

"amending regulation" means the Building Fire Safety (Combustible Cladding Rectification Work) Amendment Regulation 2019.

"relevant period" means the period starting on 1 July 2018 and ending immediately before the commencement.