QLDIn ForceAct
Building Act 1975
sec.231ALApproval of later day for obtaining fire safety (RCB) compliance certificate or certificate of occupancy
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### sec.231AL Approval of later day for obtaining fire safety (RCB) compliance certificate or certificate of occupancy
The owner of an RCB may make written application to the relevant local government to approve a later day for the RCB under section 231AK (a) (iii) or (b)(iii).
However, the application can only be made—
for an RCB with the assessment category 1—before the later of the days mentioned in section 231AK (a) (i) or (ii) ; or
for an RCB with the assessment category 2—before the later of the days mentioned in section 231AK (b) (i) or (ii) .
The local government—
must consult with Queensland Fire and Rescue; and
may—
consult with any entity it considers appropriate in deciding the application; and
grant the application only if it is satisfied undue hardship would be caused to the occupants of the RCB if the application were refused.
The local government may grant the application with or without the reasonable conditions it considers appropriate.
Within 20 business days after receiving the application, the local government must—
decide the application; and
give the owner an information notice about the decision.
The owner must comply with each condition imposed on the approval.
Maximum penalty—165 penalty units.
This provision is an executive liability provision—see section 257 .
For rights of appeal to a development tribunal, see the Planning Act , section 229 .
Within 20 business days after giving an approval, the local government must give the chief executive notice of the approval.
s 231AL ins 2011 No. 72 s 232
amd 2013 No. 51 s 229 sch 1 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2016 No. 27 s 97 ; 2020 No. 24 s 153 s ch 1 pt 2 ; 2024 No. 22 s 92 sch 1
(sec.231AL-ssec.1) The owner of an RCB may make written application to the relevant local government to approve a later day for the RCB under section 231AK (a) (iii) or (b)(iii).
(sec.231AL-ssec.2) However, the application can only be made— for an RCB with the assessment category 1—before the later of the days mentioned in section 231AK (a) (i) or (ii) ; or for an RCB with the assessment category 2—before the later of the days mentioned in section 231AK (b) (i) or (ii) .
(sec.231AL-ssec.3) The local government— must consult with Queensland Fire and Rescue; and may— consult with any entity it considers appropriate in deciding the application; and grant the application only if it is satisfied undue hardship would be caused to the occupants of the RCB if the application were refused.
(sec.231AL-ssec.4) The local government may grant the application with or without the reasonable conditions it considers appropriate.
(sec.231AL-ssec.5) Within 20 business days after receiving the application, the local government must— decide the application; and give the owner an information notice about the decision.
(sec.231AL-ssec.6) The owner must comply with each condition imposed on the approval. Maximum penalty—165 penalty units. This provision is an executive liability provision—see section 257 . For rights of appeal to a development tribunal, see the Planning Act , section 229 .
(sec.231AL-ssec.7) Within 20 business days after giving an approval, the local government must give the chief executive notice of the approval.
- (a) for an RCB with the assessment category 1—before the later of the days mentioned in section 231AK (a) (i) or (ii) ; or
- (b) for an RCB with the assessment category 2—before the later of the days mentioned in section 231AK (b) (i) or (ii) .
- (a) must consult with Queensland Fire and Rescue; and
- (b) may— (i) consult with any entity it considers appropriate in deciding the application; and (ii) grant the application only if it is satisfied undue hardship would be caused to the occupants of the RCB if the application were refused.
- (i) consult with any entity it considers appropriate in deciding the application; and
- (ii) grant the application only if it is satisfied undue hardship would be caused to the occupants of the RCB if the application were refused.
- (i) consult with any entity it considers appropriate in deciding the application; and
- (ii) grant the application only if it is satisfied undue hardship would be caused to the occupants of the RCB if the application were refused.
- (a) decide the application; and
- (b) give the owner an information notice about the decision.
- 1 This provision is an executive liability provision—see section 257 .
- 2 For rights of appeal to a development tribunal, see the Planning Act , section 229 .