QLDIn ForceAct
Building Act 1975
sec.245ELocal government may revoke exemption
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### sec.245E Local government may revoke exemption
This section applies if—
the local government has, under this division, granted an exemption; and
the local government is satisfied 1 or more of the following applies—
the decision on the application for the exemption was based on a false or misleading particular given in the application;
the exemption was subject to conditions and there has been a contravention of a condition.
The local government must give the owner of the regulated pool a show cause notice inviting the owner to show cause why the decision should not be revoked.
After considering any representations made to it under the show cause notice, the local government may, by a further notice (a revocation notice ) given to the owner, revoke the decision previously given.
The revocation notice must be, or be accompanied by, an information notice about the decision to give the notice and state—
that the owner must ensure the pool has, around the pool, barriers complying with the pool safety standard; and
the day by which the owner must comply with the notice.
For rights of appeal to a development tribunal, see the Planning Act , section 229 .
The owner must comply with the revocation notice.
Maximum penalty for subsection (5) —165 penalty units.
In this section—
show cause notice means a show cause notice under section 247 (1) .
s 245E ins 2010 No. 35 s 14
amd 2016 No. 27 s 102
(sec.245E-ssec.1) This section applies if— the local government has, under this division, granted an exemption; and the local government is satisfied 1 or more of the following applies— the decision on the application for the exemption was based on a false or misleading particular given in the application; the exemption was subject to conditions and there has been a contravention of a condition.
(sec.245E-ssec.2) The local government must give the owner of the regulated pool a show cause notice inviting the owner to show cause why the decision should not be revoked.
(sec.245E-ssec.3) After considering any representations made to it under the show cause notice, the local government may, by a further notice (a revocation notice ) given to the owner, revoke the decision previously given.
(sec.245E-ssec.4) The revocation notice must be, or be accompanied by, an information notice about the decision to give the notice and state— that the owner must ensure the pool has, around the pool, barriers complying with the pool safety standard; and the day by which the owner must comply with the notice. For rights of appeal to a development tribunal, see the Planning Act , section 229 .
(sec.245E-ssec.5) The owner must comply with the revocation notice. Maximum penalty for subsection (5) —165 penalty units.
(sec.245E-ssec.6) In this section— show cause notice means a show cause notice under section 247 (1) .
- (a) the local government has, under this division, granted an exemption; and
- (b) the local government is satisfied 1 or more of the following applies— (i) the decision on the application for the exemption was based on a false or misleading particular given in the application; (ii) the exemption was subject to conditions and there has been a contravention of a condition.
- (i) the decision on the application for the exemption was based on a false or misleading particular given in the application;
- (ii) the exemption was subject to conditions and there has been a contravention of a condition.
- (i) the decision on the application for the exemption was based on a false or misleading particular given in the application;
- (ii) the exemption was subject to conditions and there has been a contravention of a condition.
- (a) that the owner must ensure the pool has, around the pool, barriers complying with the pool safety standard; and
- (b) the day by which the owner must comply with the notice.