sec.246PRestrictions that have no force or effect—roof colours and windows

### sec.246P Restrictions that have no force or effect—roof colours and windows This section applies to a relevant instrument that, but for this section, would have the effect of— restricting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or restricting— the use in a prescribed building of a window that is energy efficient; or the treatment of a window in a prescribed building to ensure the window is energy efficient. For a restriction mentioned in subsection (1) , the relevant instrument has no force or effect to the extent the restriction prevents a person— using a colour for the roof of the building to achieve a solar absorptance value for the upper surface of the roof of not more than 0.55, if use of the colour— minimises potential adverse effects on the external appearance of the building; and does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building; or using in a prescribed building a window that is energy efficient or treating a window in a prescribed building to ensure the window is energy efficient, if the type of window to be used or the treatment— minimises potential adverse effects on the external appearance of the building; and does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building. s 246P ins 2009 No. 51 s 29 (sec.246P-ssec.1) This section applies to a relevant instrument that, but for this section, would have the effect of— restricting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or restricting— the use in a prescribed building of a window that is energy efficient; or the treatment of a window in a prescribed building to ensure the window is energy efficient. (sec.246P-ssec.2) For a restriction mentioned in subsection (1) , the relevant instrument has no force or effect to the extent the restriction prevents a person— using a colour for the roof of the building to achieve a solar absorptance value for the upper surface of the roof of not more than 0.55, if use of the colour— minimises potential adverse effects on the external appearance of the building; and does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building; or using in a prescribed building a window that is energy efficient or treating a window in a prescribed building to ensure the window is energy efficient, if the type of window to be used or the treatment— minimises potential adverse effects on the external appearance of the building; and does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building. - (a) restricting the use of a colour for the roof of a class 1a building or an enclosed class 10a building attached to a class 1a building, if using the colour would achieve a solar absorptance value for the upper surface of the roof of not more than 0.55; or - (b) restricting— (i) the use in a prescribed building of a window that is energy efficient; or (ii) the treatment of a window in a prescribed building to ensure the window is energy efficient. - (i) the use in a prescribed building of a window that is energy efficient; or - (ii) the treatment of a window in a prescribed building to ensure the window is energy efficient. - (i) the use in a prescribed building of a window that is energy efficient; or - (ii) the treatment of a window in a prescribed building to ensure the window is energy efficient. - (a) using a colour for the roof of the building to achieve a solar absorptance value for the upper surface of the roof of not more than 0.55, if use of the colour— (i) minimises potential adverse effects on the external appearance of the building; and (ii) does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building; or - (i) minimises potential adverse effects on the external appearance of the building; and - (ii) does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building; or - (b) using in a prescribed building a window that is energy efficient or treating a window in a prescribed building to ensure the window is energy efficient, if the type of window to be used or the treatment— (i) minimises potential adverse effects on the external appearance of the building; and (ii) does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building. - (i) minimises potential adverse effects on the external appearance of the building; and - (ii) does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building. - (i) minimises potential adverse effects on the external appearance of the building; and - (ii) does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building; or - (i) minimises potential adverse effects on the external appearance of the building; and - (ii) does not unreasonably prevent or interfere with a person’s use and enjoyment of the building or another building.