Plumbing and Drainage Act 2018

This Act may be cited as the Plumbing and Drainage Act 2018.

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

• part 9, division 1A, other than section 176F(2)

• sections 192A to 192K, 193A to 193G and 196(3) to (6)

• schedule 2, amendments of the Building Industry Fairness (Security of Payment) Act 2017.

The Acts Interpretation Act 1954, section 15DA does not apply to part 9, division 3.

The main purpose of this Act is to regulate the carrying out of plumbing or drainage work in a way that reduces risks to—

public health and safety; and

the environment.

The main purpose of this Act is to be achieved primarily by—

establishing a licensing scheme to ensure all plumbing or drainage work, other than unregulated work, is carried out by persons who are qualified to carry out the work; and

requiring plumbing or drainage work to be carried out in compliance with the code requirements for the work; and

establishing a framework for approving particular plumbing or drainage work and particular treatment plants.

This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

The dictionary in schedule 1 defines particular words used in this Act.

Plumbing or drainage work consists of the following categories of work—

permit work;

notifiable work;

minor work;

unregulated work.

Permit work is plumbing or drainage work prescribed by regulation as permit work.

Notifiable work is plumbing or drainage work prescribed by regulation as notifiable work.

Minor work is plumbing or drainage work prescribed by regulation as minor work.

Unregulated work is plumbing or drainage work prescribed by regulation as unregulated work.

The Queensland Plumbing and Wastewater Code is the document called ‘Queensland Plumbing and Wastewater Code’ made by the chief executive and published on the department’s website, as amended from time to time.

The Queensland Plumbing and Wastewater Code does not take effect under this Act until it is approved by regulation.

The Plumbing Code of Australia is the document in force from time to time called ‘National Construction Code, volume 3—Plumbing Code of Australia’ published by the Australian Building Codes Board.

The code requirements, for plumbing or drainage work, are the requirements about the plumbing or drainage work under—

the Queensland Plumbing and Wastewater Code; and

a provision of the Plumbing Code of Australia prescribed by regulation; and

a part of the Queensland Development Code prescribed by regulation; and

the local laws of a local government relating to plumbing or drainage that are not inconsistent with this Act.

If the Queensland Plumbing and Wastewater Code is inconsistent with a provision of the Plumbing Code of Australia or a part of the Queensland Development Code prescribed under subsection (1), the Queensland Plumbing and Wastewater Code prevails to the extent of the inconsistency.

If a provision of the Plumbing Code of Australia is inconsistent with a part of the Queensland Development Code prescribed under subsection (1), the part prevails to the extent of the inconsistency.

A regulation may prescribe how plumbing or drainage work, or a plan for plumbing or drainage work, can comply with the code requirements for the work.

In this Act, a reference to plumbing or drainage work is taken to include plumbing or drainage that results from, or is affected by, the plumbing or drainage work, to the extent the context permits.

For administering this Act within an area, a reference in this Act to a local government is taken to be a reference to the entity administering this Act within the area under section 135.

The commissioner may grant—

a plumbers licence; or

a drainers licence; or

a restricted licence.

The commissioner may grant a provisional licence for each class of licence mentioned in subsection (1).

Note—

The commissioner may make an endorsement on a licence under section 25.