Queensland Numbered Acts

HOUSING AND OTHER LEGISLATION AMENDMENT ACT 2013 No. 5 - SECT 81

Section 87—

omit, insert—

'(1) This section applies for notifiable work that has been completed.

'(2) For the purposes of subsection (1), notifiable work is completed when the earlier of the following happens—

(a) the work becomes operational;

(b) an invoice has been issued for the work;

(c) if the work is carried out with other notifiable work as part of a transaction (a single transaction)—

(i) all of the work that is part of the single transaction becomes operational; or

(ii) an invoice has been issued for all or some of the work that is part of the single transaction.

'(3) The following person must, in the way and at the time required under this section, give the council notice of the work—

(a) if it was carried out by or for an entity (a relevant entity) that is a public sector entity or an entity mentioned in section 89(2)—the relevant entity;

(b) if 1 licensee for the work (a supervising licensee) directed the carrying out of, or supervised a person who carried out, the work—the supervising licensee;

(c) if 2 or more licensees for the work (each also a supervising licensee) jointly or separately directed the carrying out of, or supervised a person who carried out, the work—each supervising licensee;

(d) otherwise—the person who carried out the work (a relevant licensee).

Maximum penalty—60 penalty units.

'(4) The notice must—

(a) be in the approved form or made electronically under section 87A; and

(b) be given within the period prescribed under the Standard Plumbing and Drainage Regulation or, if no period is prescribed, 10 business days after completion of the work; and

(c) be accompanied by the fee prescribed under a regulation.

'(5) If notifiable work is part of a single transaction, a notice may be given for all or some of the work that comprises the transaction.

'(6) For subsection (3)(c), compliance by 1 of the supervising licensees with subsection (3) is regarded as compliance by all of the supervising licensees.

'(7) Subsection (3) does not apply if the person has a reasonable excuse.

'(8) Without limiting the circumstances in which a local government may be required to inspect notifiable work, the local government may, but need not, inspect the work as a result of the notice being given.

'(9) The relevant entity, supervising licensee or relevant licensee who gave the notice to the council must also give a copy of the notice to—

(a) the owner of the premises where the work was carried out; or

(b) if another person asked the relevant entity, supervising licensee or relevant licensee to carry out the work—the other person.

'(10) The copy of the notice given under subsection (9) must be accompanied by the following information—

(a) a statement that notice of completed notifiable work must be given to the council;

(b) details of the notice given or information about how the owner or other person may access details of the notice given;

(c) a statement that the local government may decide to inspect the work and may contact the owner or other person about inspecting the work.

'(11) Subsection (12) applies if the work is emergency work carried out in the SEQ region that involves connecting to, disconnecting from or changing a connection to a relevant service provider's water infrastructure.

'(12) If the local government is not the relevant service provider for the work, when the relevant entity or person gives the council the notice the entity or person must also give the relevant service provider a copy of the notice.

'(13) In this section—

emergency work means plumbing work or drainage work that must, because of a failure in plumbing or drainage, be performed to stop a continuing risk to health and safety or damage to property.'.