Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 357

357 Effect of particular relevant instruments made in affected period—former s 246S

(1) This section applies if, during the affected period, because an entity withheld consent, or purportedly withheld consent, under a relevant instrument under former section 246S, a person was prevented or restricted from installing a solar hot water system or photovoltaic cells—

(a) on the roof or other external surface of a prescribed building; or

(b) at the person’s preferred location on the roof or other external surface of a prescribed building.

(2) New section 246S applies to the relevant instrument as if the relevant instrument had been made after the affected period ended.

(3) Any agreement, proceeding, order or other action enforcing the prohibition or restriction has effect only to the extent the prohibition or restriction has effect under new section 246S.

(4) The entity that withheld the consent must, if asked, reconsider giving consent for the installation of a solar hot water system or photovoltaic cells under new section 246S.