Changes to Building Over Infrastructure Legislation
Date: 29-Jun-2017
The Building and Other Legislation Amendment Bill 2013 was passed by the Legislative Assembly on 6 August 2013, resulting to changes in the way development approval processes work when building over or near a sewer, water main or stormwater drain. The changes are likely to take effect from 1 November 2013. The Bill is available here.
qldwater convened a technical reference group in 2012 to review the draft changes to MP1.4 of the Queensland Development Code. The group in general did not support the justifications used for the Code fearing a reduction in the power of water service providers to be able to assess new developments with the potential to impact infrastructure.
The draft Code does feature specific “concurrence” conditions which do allow service providers to review applications in certain circumstances – largely based on proximity and types of assets.
BCQ has held a number of targeted consultation sessions involving SEQ councils and service providers during 2013 to refine the document. Thus, the Code is still going through final amendments. The last publicly available version (dated June) is available here and there are no plans to make it available more broadly to check prior to release.
There are other enabling documents currently being drafted, including a regulation which extends the concurrence power to all asset owners and prescribes a form based on acceptable solutions in the Code which certifiers must use to notify asset owners. BCQ also advises that they are preparing a fact sheet to assist service providers and councils in implementing the Code.
The published version of these will be forwarded when they are available.
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