Building and Other Legislation Amendment Bill 2022
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Transport and Resources Committee
▸27 members spoke22 support5 mixed
Supports the bill, particularly the 'ban the banners' provisions that will prevent bodies corporate and developers from restricting solar panel placement on roofs, arguing this advances clean energy goals.
“I think solar panels or solar hot-water systems are beautiful because they contribute towards our clean green energy future.”— 2022-05-25View Hansard
As Minister, moved the second reading and outlined the bill's objectives including 'ban the banners' provisions, greywater use, head contractor licensing and QBCC powers.
“The Building and Other Legislation Amendment Bill continues our vital efforts to ensure that the industry, Queensland consumers and home owners remain confident and supported.”— 2022-05-24View Hansard
While supporting the bill's objectives on solar panels and greywater use, criticises the government's handling of combustible cladding issues, noting five years have passed since Grenfell Tower with no solution for private buildings.
“It has been five years—half a decade—since that fire, yet the government still has no real solution to address the presence of combustible cladding remaining on private buildings.”— 2022-05-25View Hansard
As shadow minister, stated the opposition will not oppose the bill but criticised the government for needing to fix previous legislative failures including flawed 'ban the banners' provisions and slow action on combustible cladding.
“At the very outset, I state that the opposition will not be opposing the bill. It is a fairly technical piece of legislation in lots of different ways and, for the most part, is uncontroversial.”— 2022-05-24View Hansard
Supports the bill as part of the government's commitment to enabling Queenslanders to make informed choices about sustainable energy use in their homes.
“This bill supports Queenslanders making informed choices about sustainable energy use in their homes.”— 2022-05-25View Hansard
As committee chair, outlined the committee's recommendations and supported the bill's provisions on solar panels, greywater use, head contractor licensing and QBCC powers.
“I do not think it passed the pub test. That is why I am pleased to support this legislation which will make clear our government's intention to encourage consumers to install solar products, like water heaters and solar panels, without regard to aesthetics.”— 2022-05-24View Hansard
Announces KAP will not oppose the bill, praising its amendments around solar systems, greywater use, and building industry transparency measures.
“The KAP will not be opposing this bill. We think it makes some good amendments to current legislation in the building industry and tidies up a couple of things.”— 2022-05-25View Hansard
Supported the bill but expressed concern about combustible cladding on government buildings and called on the minister to provide solutions for addressing private building rectification.
“This has been a known issue since 2017, yet the state government still has no clear solution for the problem of combustible cladding on private structures. This has dragged on for far too long.”— 2022-05-24View Hansard
Supports the bill's solar panel provisions as essential for Queensland's renewable energy transition.
“Solar panels are essential for Queensland's renewable energy transition.”— 2022-05-25View Hansard
Spoke in support of the combustible cladding amendments, noting the success of the checklist process with 94 per cent compliance and supporting QBCC prosecution powers.
“The checklist process required private building owners to self-assess their buildings. This well-managed process administered by the QBCC, which ended 3 May 2021, was an overwhelming success, with over 94 per cent of building owners completing the process.”— 2022-05-24View Hansard
While supporting aspects of the bill, criticises the government's lack of action on combustible cladding over five years, calling it 'all talk, no action'.
“It has been five years. Here we are again debating issues of concern around public safety under legislation that the government introduced five years ago, and they still have not delivered.”— 2022-05-25View Hansard
Supported the bill's sewage and greywater provisions but expressed concern about combustible cladding delays and the use of regulation rather than legislation for head contractor licensing exemptions.
“It is really important that we deal with this. Providing some additional powers to the QBCC to commence prosecution for those who commit an offence in relation to this checklist process is a good thing.”— 2022-05-24View Hansard
Supports the bill's provisions to help homeowners benefit from solar panel installation.
“This bill ensures homeowners can benefit from solar panel installation.”— 2022-05-25View Hansard
Strongly supported the 'ban the banners' provisions, emphasising that north-facing solar panels capture 20 to 33 per cent more energy than south-facing ones and that aesthetics should not override efficiency.
“I applaud the government's commitment to restore the original intent of the 'ban the banners' provisions in the Building Act.”— 2022-05-24View Hansard
Supports the greywater provisions in the bill, emphasising the need for better water use planning given South-East Queensland's population growth.
“We cannot wait for the next drought to respond to that. We need to do a lot more planning because of the huge population growth in South-East Queensland.”— 2022-05-25View Hansard
Not opposing the bill but criticised the government for slow action on combustible cladding and for using regulation rather than legislation for head contractor exemptions.
“I strongly support this bill, which will finally enable the QBCC to commence prosecution against those who do not adhere to the combustible cladding checklist process and commit an offence.”— 2022-05-24View Hansard
Supports the bill as part of Queensland's building industry reform.
“This bill is part of Queensland's ongoing building industry reform.”— 2022-05-25View Hansard
Supported the bill's 'ban the banners' provisions and criticised the LNP's record on renewable energy, noting that Queensland now has over 20 per cent electricity from renewables.
“Throughout this bill we are reaffirming our commitment to helping more home owners install solar panels, among a suite of reforms to help both consumers and industry.”— 2022-05-24View Hansard
While not opposing the bill, raises concerns about the building industry regulation and the government's handling of related issues.
“The government has not done enough to address ongoing issues in the building industry.”— 2022-05-25View Hansard
Criticised the government for legislative failures requiring correction but supported the bill, particularly calling for an update on combustible cladding at the Mike Ahern Centre in Maroochydore.
“When governments promise that legislation will provide a constituent with protection, it should do exactly that.”— 2022-05-24View Hansard
Supports the bill's provisions to enhance building standards and solar energy uptake in Queensland.
“This bill enhances building standards and solar energy uptake in Queensland.”— 2022-05-25View Hansard
Strongly supported the bill's sustainability provisions, highlighting Moreton Bay's need for 88,000 new homes by 2041 and praising the 'ban the banners' and greywater amendments.
“It is support here in the Palaszczuk government that they will find.”— 2022-05-24View Hansard
While supporting elements of the bill, raises concerns about the government's approach to building industry regulation.
“There remain concerns about the government's approach to building industry regulation.”— 2022-05-25View Hansard
Supported the bill broadly, welcoming greywater provisions and solar panel amendments while calling for further reform to support community-owned renewable energy and better resourcing for the BCCM Commissioner.
“We take no issue with this bill. We support it broadly. It is particularly welcome to see the provisions around the expanded use of greywater.”— 2022-05-24View Hansard
Praised the QBCC information disclosure provisions but criticised the bill as fixing government 'stuff-ups' on 'ban the banners', cladding prosecutions and head contractor licensing.
“This bill is mostly about fixing what is, quite frankly, government stuff-ups and I will get to those shortly.”— 2022-05-24View Hansard
As former committee member, strongly supported the 'ban the banners' provisions and celebrated Queensland's solar uptake of one in three homes with panels.
“I applaud the government's commitment to restore the original intent of the 'ban the banners' provisions in the Building Act.”— 2022-05-24View Hansard
Supported the bill, highlighting benefits for home owners installing solar and noting how solar power has benefited the grazing industry by replacing generators and petrol pumps.
“I believe it is important that we look after the solar industry. Many people in the grazing industry have benefited so much from solar power.”— 2022-05-24View Hansard
Plain English Summary
Overview
This bill modernises Queensland's building and construction laws across multiple areas. It clarifies homeowners' rights to install solar panels without aesthetic restrictions, expands greywater use in large buildings, strengthens QBCC's regulatory powers, and updates security of payment protections for subcontractors.
Who it affects
Homeowners wanting solar panels, large building developers, subcontractors, construction site operators, building industry complainants, and anyone subject to QBCC licensing and regulation.
Solar panel rights for homeowners
Clarifies that developers and body corporates cannot prevent homeowners from installing solar panels or solar hot water systems on their home or garage roof just because of how they look. This fixes a 2019 court decision that undermined the original 'ban the banners' policy from 2010.
- Homeowners can install solar panels in their preferred roof location regardless of aesthetic restrictions in contracts or body corporate by-laws
- Court orders preventing solar installation based on aesthetics no longer apply
- Only structural, space-sharing or noise concerns can justify restrictions on apartment building common property
Greywater and sewage management
Expands how treated greywater can be used in large buildings and creates a new permit system for holding tanks to collect untreated waste from temporary facilities.
- Treated greywater can be used in cooling towers for air conditioning in large buildings
- New permit system allows holding tanks for untreated sewage at construction sites and temporary facilities
- Local councils can issue permits for permanent holding tanks in unsewered areas
Head contractor licensing
Retains the existing exemption allowing unlicensed entities to procure commercial building work, but creates power to require licences for high-risk work in future.
- Licensing exemption for commercial head contractors continues (planned repeal reversed)
- Future regulations may require licences for high-risk work like fire protection
- Subcontractor payment protections apply even when working under unlicensed head contractors
QBCC regulatory powers
Strengthens QBCC's ability to respond to building safety risks and improves transparency by allowing complaint outcomes to be shared with complainants.
- QBCC can immediately suspend licences when there's risk of serious harm to any person
- QBCC can tell complainants the outcome of their complaint investigations
- QBCC can prosecute combustible cladding checklist offences without local council permission
Security of payment and auditing
Updates the trust account framework to ensure subcontractors remain protected in complex commercial arrangements and clarifies requirements for auditors reviewing trust accounts.
- Retention trust protections apply when head contractor uses licensing exemption
- Clarifies auditors must conduct 'reasonable assurance engagement' when reviewing trust accounts
- Serious breaches by trustees must be reported to QBCC within 5 business days
Minor and technical updates
Updates professional registration boards, fixes appeal rights for pool safety and plumbing decisions, and repeals provisions no longer needed.
- Architects and engineers boards must publish registers online
- Pool safety management plan decisions can now be reviewed under QBCC Act
- Alternative pathway for building certifier licensing repealed (no longer needed)