Primary legislation (Acts of Parliament)...3. Bills assented to...3. Acts/legislation commenced by proclamation...4

Transcription

1 Issue 45/ November 2014 Period covered by this Update: 1 7 November 2014 Primary legislation (Acts of Parliament)...3 Bills assented to...3 A. The Bills for the following Acts were assented to on 7 November Environmental Protection and Other Legislation Amendment Act 2014 Act No.59 of Major Events Act 2014 Act No.60 of Queensland Heritage and Other Legislation Amendment Act 2014 Act No.61 of Education and Other Legislation Amendment Act 2014 Act No.62 of Acts/legislation commenced by proclamation Professional Engineers and Other Legislation Amendment Act Subordinate legislation (regulations and rules)...4 A. Subordinate legislation notified on the Queensland Legislation website on 7 November SL No.254 of 2014: Proclamation commencing remaining provisions of the Professional Engineers and Other Legislation Amendment Act SL No.255 of 2014: Building and Other Legislation Amendment Regulation (No.1) SL No.256 of 2014: Building (Transitional) Regulation SL No.257 of 2014: Plumbing and Drainage (Transitional) Regulation SL No.258 of 2014: Queensland Building and Construction Commission (Transfer) Regulation Local laws...7 A. Queensland Government Gazette of 7 November Brisbane City Council Gympie Regional Council... 8 Disclaimer While every care has been taken in the preparation of this Legislation Update, Queensland Law Society, its officers, employees and agents cannot accept responsibility or liability for any errors or omissions, including those caused by negligence, in the material. Queensland Law Society makes no statements, representations or warranties about the accuracy or completeness of the information and you should not rely on it. You are advised to make your own independent inquiries regarding the accuracy of any information provided in this compilation. Members are urged to check the primary sources referred to in the document, when appropriate, to confirm relevant details. NB: Members are referred to the separate document, Notes and background information, appearing at qls.com.au > Knowledge Centre > Newsletters & Magazines > Legislation Update for general information.

2 1 7 November 2014 page 2 Approved forms/guidelines...8 A. Queensland Government Gazette of 7 November Building Act Plumbing and Drainage Act Property Occupations Act Motor Dealers and Chattel Auctioneers Act Debt Collectors (Field Agents and Collection Agents) Act Agents Financial Administration Act Other statutory instruments/statutory notices...8 A. Extraordinary edition of the Queensland Government Gazette of 4 November Sustainable Planning Act B. Queensland Government Gazette of 7 November Acquisition of Land Act 1967/Native Title Act 1993 (Cth)/Native Title (Queensland) Act Transport Infrastructure Act Sustainable Planning Act Public Service Act Electoral Act Corrective Services Act Transport Operations (Road Use Management Dangerous Goods) Regulation Miscellaneous Parliamentary sitting dates... 10

3 1 7 November 2014 page 3 Primary legislation (Acts of Parliament) Parliament did not sit during the period covered by this Update. Bills assented to A. The Bills for the following Acts were assented to on 7 November 2014 (Note: The Bills for each of the following Acts were all passed by the Legislative Assembly during the parliamentary sitting week of October For details of their passage through parliament, see Legislation Update No.44 of 2014, dated 5 November 2014, at pages 3 8.) 1. Environmental Protection and Other Legislation Amendment Act 2014 Act No.59 of 2014 Pursuant to s2 (Commencement), the following provisions of this Act commence on a date to be fixed by proclamation: Part 4, other than the following provisions: s9a s15a s16(2), to the extent it inserts the definitions administering agency, impose and Planning Act s16(3) The following provisions of Part 5: s62(1) s63 s99 s100 s102 s103(5) s104 Division 3 of Part 5 Part 6 Part 6A Division 3 of Part 7 Schedule 1, to the extent it amends the following: the Environmental Protection Act 1994 the Vegetation Management Act The remaining provisions of this Act, that is, those not commenced by s2, commenced on the date of assent, pursuant to s15a (Commencement of Acts on date of assent) of the Acts Interpretation Act Major Events Act 2014 Act No.60 of 2014 Pursuant to s2 (Commencement), this Act commences on 1 January 2015.

4 1 7 November 2014 page 4 3. Queensland Heritage and Other Legislation Amendment Act 2014 Act No.61 of 2014 Pursuant to s2 (Commencement), this Act, other than Part 2A, commences on a date to be fixed by proclamation. Part 2A commenced on the date of assent, pursuant to s15a (Commencement of Acts on date of assent) of the Acts Interpretation Act Education and Other Legislation Amendment Act 2014 Act No.62 of 2014 Pursuant to s2 (Commencement): The following provisions commence on a date to be fixed by proclamation: Division 3 of Part 2 Part 4 Division 3 of Part 5 Part 7A is taken to have commenced on 1 December The remaining provisions of this Act, that is, those not commenced by s2, commenced on the date of assent, pursuant to s15a (Commencement of Acts on date of assent) of the Acts Interpretation Act Acts/legislation commenced by proclamation 1. Professional Engineers and Other Legislation Amendment Act 2014 SL No.254 of 2014 see below under the heading, Subordinate legislation (regulations and rules). Subordinate legislation (regulations and rules) A. Subordinate legislation notified on the Queensland Legislation website on 7 November SL No.254 of 2014: Proclamation commencing remaining provisions of the Professional Engineers and Other Legislation Amendment Act 2014 By a proclamation signed on 6 November 2014, his Excellency the Governor fixed 10 November 2014 for the commencement of the provisions of the Professional Engineers and Other Legislation Amendment Act 2014 (Act No.56 of 2014) that were not then in force. 2. SL No.255 of 2014: Building and Other Legislation Amendment Regulation (No.1) 2014 As described in the explanatory notes for this regulation, provisions included in a number of regulations (including this regulation) are intended to complement the amendments made by the Professional Engineers and Other Legislation Amendment Act 2014 (the PEOL Act). The other regulations (apart from this regulation) are the following: Building (Transitional) Regulation 2014 Plumbing and Drainage (Transitional) Regulation 2014 Queensland Building and Construction Commission (Transfer) Regulation 2014.

5 1 7 November 2014 page 5 In particular, this regulation amends the following Building Regulation 2006 (the Building Regulation) Plumbing and Drainage Regulation 2003 (the PD Regulation) Standard Plumbing and Drainage Regulation 2003 (the SPD Regulation) State Penalties Enforcement Regulation 2014 (the SPE Regulation). As further described in its explanatory notes, this regulation will help to facilitate the transfer of operational functions relating to pool safety and plumbing and drainage to the Queensland Building and Construction Commission (QBCC) in a range of ways, including by : replacing references in provisions in the Building Regulation to the Pool Safety Council (PSC), the chief executive and the department with appropriate references to QBCC commissioner and to the QBCC itself. (This will facilitate the transfer of functions mentioned in those provisions to the QBCC, including functions related to the allocation of demerit points to a pool safety inspector for a demerit contravention.) removing provisions in the Building Regulation that allow applicants to apply to the Queensland Civil and Administrative Tribunal for the review of a decision by the PSC to allocate demerit points to a pool safety inspector. [A decision to allocate demerit points made after the commencement will be made by the QBCC commissioner and such a decision will be subject to the new review provisions inserted into the Queensland Building and Construction Commission Act 1991 (the QBCC Act) by the PEOL Act.] replacing references in provisions in the PD Regulation and the SPD Regulation to the Plumbing Industry Council, the chief executive and the department with appropriate references to the QBCC commissioner and the QBCC exempting particular pool safety inspectors from a requirement to hold professional indemnity insurance. (The exemption will apply to a pool safety inspector performing a pool safety inspection function in the course of the inspector s employment by the Queensland Building and Construction Employing Office. Such an inspector will not need to hold the insurance because s114 of the QBCC Act will provide the inspector with protection against civil liability in the circumstances described in that provision.) inserting into the Building Regulation transitional provisions relating to the allocation of demerit points to a pool safety inspector amending the SPE Regulation to: allow the QBCC and its investigators and inspectors to issue and administer infringement notices for offences relating to pool safety and plumbing and drainage ensure the QBCC receives revenue raised from enforcing Queensland s pool safety and plumbing laws. This regulation also makes minor and consequential amendments, as listed in Schedule 1, to the following regulations: Building Regulation 2006 Plumbing and Drainage Regulation Pursuant to s2 (Commencement), this regulation commenced on 10 November 2014.

6 1 7 November 2014 page 6 3. SL No.256 of 2014: Building (Transitional) Regulation 2014 [Further background information about this regulation is contained in the notes on the Building and Other Legislation Amendment Regulation (No.1) 2014 (see SL No.255 of 2014 above).] As described in its explanatory notes, this regulation is a transitional regulation that helps to facilitate the transfer of functions to the Queensland Building and Construction Commission (QBCC) from other entities, namely, the Plumbing Industry Council (PSC) and the chief executive. Specifically, this regulation: deals with the review of a decision about the allocation of demerit points by the PSC to a pool safety inspector that is pending before the commencement of the Professional Engineers and Other Legislation Amendment Act 2014 and this regulation. (This regulation allows such a review to be completed, or started and completed, as if the unamended provisions of the Building Act 1975 continued in effect after that commencement.) deals with any legal proceedings potentially or actually involving the chief executive before that commencement, allowing the QBCC commissioner to deal with the proceedings as though they had always involved the commissioner deals with details about building certificates (final inspection certificates) issued for new swimming pools that are given to the chief executive within three months after the commencement, with a requirement that the chief executive give the details to the QBCC commissioner as soon as practicable ensures that an approval, notice, requirement, request or decision of the chief executive in relation to pool safety continues in effect after that commencement as if it had been given or made by the QBCC commissioner ensures that if the chief executive receives a notice or other information from a person given in response to an approval, a notice, requirement, request or decision of the chief executive, after that commencement, the chief executive must give it to the QBCC commissioner as soon as practicable. Pursuant to s2 (Commencement), this regulation commenced on 10 November SL No.257 of 2014: Plumbing and Drainage (Transitional) Regulation 2014 [Further background information about this regulation is contained in the notes on the Building and Other Legislation Amendment Regulation (No.1) 2014 (see SL No.255 of 2014 above).] As described in its explanatory notes, this regulation is a transitional regulation that will help to facilitate the transfer of functions from the Plumbing Industry Council (PIC) (referred to in the regulation as the former council ) and the chief executive to the Queensland Building and Construction Commission (QBCC). As summarised in its explanatory notes, this regulation will ensure that: a notice of notifiable work given to the former council before the commencement of the Professional Engineers and Other Legislation Amendment Act 2014 and this regulation (the commencement) is taken to have been given to the QBCC commissioner when the notice was given to the PIC. (As a consequence, a rectification notice for the work may be given under s29b of the Standard Plumbing and Drainage Regulation 2003 within 12 months of the day the notice of notifiable work was given to the PIC.) the chief executive s approval of the electronic system for sending and receiving electronic communications under s87a of the Plumbing and Drainage Act 2002 continues in effect as if it had been given by the QBCC commissioner. (As a consequence, after the commencement, plumbers and drainers will be able to submit notices of notifiable work to the QBCC commissioner using the same electronic system as the one they have used to submit such notices to the department in the past.) Pursuant to s2 (Commencement), this regulation commenced on 10 November 2014.

7 1 7 November 2014 page 7 5. SL No.258 of 2014: Queensland Building and Construction Commission (Transfer) Regulation 2014 [Further background information about this regulation is contained in the notes on the Building and Other Legislation Amendment Regulation (No.1) 2014 (see SL No.255 of 2014 above).] This regulation provides for the transfer to the Queensland Building and Construction Commission (QBCC) of the departmental employees who carry out a range of operational functions, including those relating to pool safety that the chief executive and other officers of the department currently perform under the Building Act This regulation, as listed in its explanatory notes, also: provides for the transfer to the QBCC of the liabilities of the state relating to each transferring employee s accrued rights to annual, sick, long service or other leave and superannuation provides for the transfer to the QBCC of the departmental records relating to each transferring employee requires a legal proceeding involving a transferring employee that is being, or may be, taken by or against the department to be continued or taken by or against the QBCC determines the particular industrial instrument that will apply to the transferred employees. Pursuant to s2 (Commencement), this regulation commenced on 10 November Local laws A. Queensland Government Gazette of 7 November 2014 Gazettal of the making of local laws by the following councils: 1. Brisbane City Council Notice of the making, by resolution of 4 November 2014, of the Public Land and Council Assets Local Law 2014, which: amended the following: Ferries, Jetties and Pontoons Local Law (Chapter 7) Health, Safety and Amenity Local Law 2009 Legal Proceedings Local Law (Chapter 4) Parking and Control of Traffic Local Law (Chapter 14) Queen Street Mall Local Law (Chapter 19) Streets, Bridges, Culverts, Etc. Local Law (Chapter 6) Sundry Matters Relating to Structures Local Law (Chapter 11) repealed the following: Chinatown and Brunswick Street Malls Local Law (Chapter 21) Foreshore and Retaining Walls Local Law (Chapter13 ) Parks Local Law (Chapter 9) Public Health, Safety and Convenience Local Law (Chapter 12).

8 1 7 November 2014 page 8 2. Gympie Regional Council Notice of the making, by resolution of 5 November 2014, of the Amendment Subordinate Local Law No.2 (Animal Management) 2014 which amends Subordinate Local Law No.2 (Animal Management) Approved forms/guidelines A. Queensland Government Gazette of 7 November 2014 Notification of the approval of forms for use under the following Acts: 1. Building Act Plumbing and Drainage Act Property Occupations Act Motor Dealers and Chattel Auctioneers Act Debt Collectors (Field Agents and Collection Agents) Act Agents Financial Administration Act Other statutory instruments/statutory notices A. Extraordinary edition of the Queensland Government Gazette of 4 November Sustainable Planning Act 2009 Notification by the Deputy Premier, Minister for State Development, Infrastructure and Planning, pursuant to s33(1), of the members who are to constitute the Mackay, Isaac and Whitsunday Regional Planning Committee. B. Queensland Government Gazette of 7 November Acquisition of Land Act 1967/Native Title Act 1993 (Cth)/Native Title (Queensland) Act 1993 Gazettal of the Taking of Native Title Rights and Interests Notice (No.12) 2014 providing that, pursuant to s9(6) of the Acquisition of Land Act 1967, s24md of the Native Title Act 1993 (Cth) and s144 of the Native Title (Queensland) Act 1993, the native title rights and interests, if any, in the 1,920m2 of land specified in the schedule to the notice are taken by the Gladstone Regional Council for kindergarten purposes.

9 1 7 November 2014 page 9 2. Transport Infrastructure Act 1994 Notification of the declaration and/or revocation of the following state-controlled roads on the dates specified: No.81A, Eyre Developmental Road (Bedourie Birdsville) Developmental Road, Diamantina Shire (10 November 2000) No.409, Brisbane Moggill Ferry Road, Main Road, Ipswich City (and related roads) (22 March 1995) No.10C, Bruce Highway (Maryborough Gin Gin), section of road between Currajong Farms Road and Bundaberg Gin Gin Road (19 April 2013) No.10D, Bruce Highway (Gin Gin Benaraby), State Highway, Kolan Shire (21 November 1987) No.176, Bundaberg Gin Gin Road, Main Road, Bundaberg City (28 May 1999) No.176, Bundaberg Gin Gin Road, Main Road, Burnett Shire (1 July 2001) No.176, Bundaberg Gin Gin Road, Main Road, Kolan Shire (1 July 2001). 3. Sustainable Planning Act 2009 Gazettal of the notice, given under the above Act and Statutory Guideline 04/14: Making or amending local planning instruments, that, on 16 October 2014, the Doomadgee Aboriginal Shire Council adopted the Doomadgee Aboriginal Shire Council Planning Scheme, the first statutory planning scheme for the area. Gazettal of the notice that, on 22 October 2014, the South Burnett Regional Council adopted Temporary Local Planning Instrument TLPI 01/14 (Residential Development within Historic Subdivisions), the purpose and general effect of which instrument is to ensure that the construction of dwellings on land within historic subdivisions occurs after road and other infrastructure is constructed and to ensure that the level of infrastructure provided to development is consistent with Council s current subdivision engineering standards. (This instrument overrides certain provisions of the Kingaroy, Murgon, Nanango and Wondai Shire Councils IPA planning schemes.) Gazettal of the notice, given under s117(1), that, on 24 July 2014, the Sunshine Coast Regional Council adopted the Sunshine Coast Planning Scheme 2014 (Minor Amendment) No.1 as amendment to the Sunshine Coast Planning Scheme 2014, the purpose and general effect of which is to clarify the application and intent of the filling and excavation provisions to the Dwelling house code and the provisions relating to dwelling houses in the Landslide hazard and steep land overlay code. 4. Public Service Act 2008 Gazettal of the Commission Chief Executive Directive No.15/14 entitled Employment separation procedures. 5. Electoral Act 1992 Notification of the following matters by the Electoral Commissioner, as required by s63: in Schedule A to the notice, the number of electors enrolled in each electoral district for the state of Queensland as at 31 October 2014, together with a determination of the average district enrolment and the extent to which the number of electors enrolled in each district differs from the average enrolment in Schedule B to the notice, the adjusted enrolment for the electoral districts of 100,000 square kilometres or more in area, being the sum of the number of enrolled electors and the additional large district number as specified in s45, and the extent to which those districts differ from the average district enrolment shown in Schedule A.

10 1 7 November 2014 page Corrective Services Act 2006 Notification, pursuant to s319t(2)(1)(b), of the establishment of a victim trust fund in the name of Colin Grohs and that victims of that person, who may have a claim against that fund, have six months from 11 August 2014 in which to start a court proceeding. 7. Transport Operations (Road Use Management Dangerous Goods) Regulation 2008 Gazettal of the notification prohibiting the transport of specified classes of dangerous goods within specified areas of Brisbane associated with the G20 meeting at specified times. Miscellaneous 1. Parliamentary sitting dates As indicated on the parliamentary website, the Queensland Parliament is scheduled to sit next from Tuesday 25 November through to Thursday 27 November This is the final sitting week for A list of proposed sitting dates for February and March 2015 is also available on that site but these would be subject to change depending on various factors, especially the holding of the general election in the first half of 2015.