Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 246R

246R When consent for particular activities can not be withheld—roof colours and windows

(1) This section applies if, under a relevant instrument, the consent of an entity is required to—

(a) use a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building; or

(b) use in a prescribed building a window that is energy efficient or treat a window in a prescribed building to ensure the window is energy efficient.

(2) The entity can not withhold consent for an activity mentioned in subsection (1) (a) if use of the colour—

(a) achieves a solar absorptance value for the upper surface of the roof of not more than 0.55; and

(b) minimises potential adverse effects on the external appearance of the building; and

(c) does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building.

(3) The entity can not withhold consent for an activity mentioned in subsection (1) (b) if the type of window to be used or the treatment—

(a) minimises potential adverse effects on the external appearance of the building; and

(b) does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building.

(4) A requirement under this section to not withhold consent—

(a) is taken to be a requirement under the relevant instrument; and

(b) applies to the relevant instrument despite any other provision of the instrument.