Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 245B

245B Decision on application

(1) The local government must consider the application and decide to—

(a) grant the exemption; or

(b) refuse to grant the exemption.

(2) In deciding the application, the local government may consider the following—

(a) whether compliance with the part of the pool safety standard may require the owner to—

(i) move or demolish a building or part of a building; or

(ii) change the location or size of the regulated pool; or

(iii) remove vegetation protected from removal under an Act or a local law;

(b) the cost of the barriers or work required to ensure the pool complies with the part of the pool safety standard, having regard to the nature of any existing barriers for the pool;

(c) other matters the local government considers relevant.

(3) The local government may grant the exemption on the reasonable conditions it considers necessary or desirable to prevent a young child accessing the pool.

(4) If the exemption is granted on conditions, the owner of the regulated pool must comply with each condition of the exemption.

Penalty—

Maximum penalty for subsection (4) —165 penalty units.

Note—

This provision is an executive liability provision—see section 257 .

(5) The local government may only exempt a person from complying with a part of the pool safety standard to the extent reasonably necessary in the circumstances to overcome the impracticality associated with compliance with the part.

(6) The local government is taken to have refused to grant the exemption if the local government does not decide the application within the decision period.