sch.44-sec.3Definitions for schedule

### sch.44-sec.3 Definitions for schedule In this schedule— affected part , of an eligible home, means a part of a home that— was inundated by floodwaters during a disaster event mentioned in section 4 (1) (c) ; or is below the flood hazard level that applies to the home. sch 44 s 3 def affected part ins 2023 SL No. 184 s 4 (2) applicant means an entity applying for financial assistance under the scheme. contribution threshold ... sch 44 s 3 def contribution threshold om 2023 SL No. 184 s 4 (1) demolition and replacement works means works to— demolish an eligible home and build a new home, or install a removable home, on the land on which the eligible home is located so that the lowest habitable floor level of the new home, or removable home, is at or above the higher of the following levels— the flood hazard level that applies to the home; the flood event level that applies to the home; or demolish an eligible home if a new home has already been built with its lowest habitable floor level at or above the higher of the following levels— the flood hazard level that applies to the home; the flood event level that applies to the home; or demolish an affected part of an eligible home and build a new part of the home so that the lowest floor level of the part is at or above the higher of the following levels— the flood hazard level that applies to the home; the flood event level that applies to the home. sch 44 s 3 def demolition and replacement works ins 2023 SL No. 184 s 4 (2) department of energy and public works ... sch 44 s 3 def department of energy and public works om 2024 SL No. 46 s 3 (1) eligible home see section 4 . eligible works means— repair or retrofit works; or home raising works; or relocation works; or demolition and replacement works. sch 44 s 3 def eligible works amd 2022 SL No. 176 s 5 (2) sub 2023 SL No. 184 s 4 (1) – (2) flood event level , for a home, means the highest level at which floodwaters inundated the home during a disaster event mentioned in section 4 (1) (c) . sch 44 s 3 def flood event level ins 2023 SL No. 184 s 4 (2) flood hazard level , that applies to a home, means the minimum habitable floor level of residential buildings as determined by the local government for the local government area in which the home is located. granny flat — means a small building that— is capable of providing self-contained accommodation; and is attached to land; and is detached from the main building on the land used for residential purposes; and does not include a house, townhouse, unit or manufactured home. habitable floor level , of a home or residential building, means the level of the floors of the habitable rooms of the home or building. habitable room means a habitable room within the meaning of the National Construction Code. hardship certificate means a certificate issued by the public works department stating that the chief executive of that department is satisfied that, due to exceptional circumstances, a stated person is unable to contribute to the cost of carrying out eligible works to the person’s home. sch 44 s 3 prev sch 44 s 3 def hardship certificate om 2023 SL No. 184 s 4 (1) pres sch 44 s 3 def hardship certificate ins 2024 SL No. 46 s 3 (2) home raising works — means works to raise all or part of an eligible home so an affected part is at or above the higher of the following levels— the flood hazard level that applies to the home; the flood event level that applies to the home; and includes preliminary investigation, design and approval works that are required to facilitate works mentioned in paragraph (a) . sch 44 s 3 def home raising works ins 2022 SL No. 176 s 5 (1) sub 2023 SL No. 184 s 4 (1) – (2) house means a single detached dwelling on a lot within the meaning of the Land Title Act 1994 . licensed contractor — means— a person who holds an electrical licence under the Electrical Safety Act 2002 ; or a person who holds a licence under the Plumbing and Drainage Act 2018 ; or a person who holds a licence under the Queensland Building and Construction Commission Act 1991 ; or a person registered as an architect under the Architects Act 2002 ; or a person who is a registered professional engineer under the Professional Engineers Act 2002 ; or a person registered as a surveyor under the Surveyors Act 2003 ; and does not include the holder of an owner-builder permit under the Queensland Building and Construction Commission Act 1991 , section 43E . sch 44 s 3 def licensed contractor amd 2023 SL No. 184 s 4 (3) manufactured home means— a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or a caravan that has been modified so that it may not be moved from its position using the means ordinarily used to transport the caravan. National Construction Code means the document called ‘National Construction Code’ published by the Australian Building Codes Board. owner , of a home, means— for a house— the registered owner, of the lot on which the house is located, under the Land Title Act 1994 ; or the lessee, for the land on which the house is located, under the Land Act 1994 if the lease allows for the residential occupation of a home on the land; or the lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; or for a townhouse or unit— the registered owner of the lot, that is the townhouse or unit, under the Body Corporate and Community Management Act 1997 ; or the proprietor of the lot, that is the townhouse or unit, under the Building Units and Group Titles Act 1980 ; or for a granny flat— the registered owner, of the lot on which the flat is located, under the Land Title Act 1994 ; or the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or for a manufactured home—the home owner for the manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or for another home—the person the authority is satisfied owns the home on the basis of an arrangement or document evidencing that the person is the owner or is treated as the owner by the entity that owns the land on which the home is located. public works department means the department in which the Building Act 1975 is administered. sch 44 s 3 def public works department ins 2024 SL No. 46 s 3 (2) relocation works means works to relocate an eligible home to a new location on the land on which the eligible home is located so that the habitable floor level of the eligible home is at or above the higher of the following levels— the flood hazard level that applies to the home; the flood event level that applies to the home. sch 44 s 3 def relocation works ins 2023 SL No. 184 s 4 (2) removable home means a home that may be— relocated from a location other than the land on which an eligible home is located; and established on the land on which an eligible home was located before it was demolished. relocating a house that was removed from the land on which the house was originally built sch 44 s 3 def removable home ins 2022 SL No. 176 s 5 (1) repair or retrofit works means works to repair or retrofit an eligible home to incorporate flood resilient design and materials in the home. sch 44 s 3 def repair or retrofit works ins 2023 SL No. 184 s 4 (2) scheme means the scheme set out in this schedule. townhouse means 1 or more attached dwellings that are separated by a common wall. unit means a dwelling that is a lot under— the Body Corporate and Community Management Act 1997 ; or the Building Units and Group Titles Act 1980 . value for money certificate means a certificate issued by the public works department stating that the eligible works carried out, or to be carried out, to a particular eligible home represent value for money. sch 44 s 3 def value for money certificate amd 2024 SL No. 46 s 3 (3) sch 44 s 3 ins 2022 SL No. 105 s 5 - (a) was inundated by floodwaters during a disaster event mentioned in section 4 (1) (c) ; or - (b) is below the flood hazard level that applies to the home. - (a) demolish an eligible home and build a new home, or install a removable home, on the land on which the eligible home is located so that the lowest habitable floor level of the new home, or removable home, is at or above the higher of the following levels— (i) the flood hazard level that applies to the home; (ii) the flood event level that applies to the home; or - (i) the flood hazard level that applies to the home; - (ii) the flood event level that applies to the home; or - (b) demolish an eligible home if a new home has already been built with its lowest habitable floor level at or above the higher of the following levels— (i) the flood hazard level that applies to the home; (ii) the flood event level that applies to the home; or - (i) the flood hazard level that applies to the home; - (ii) the flood event level that applies to the home; or - (c) demolish an affected part of an eligible home and build a new part of the home so that the lowest floor level of the part is at or above the higher of the following levels— (i) the flood hazard level that applies to the home; (ii) the flood event level that applies to the home. - (i) the flood hazard level that applies to the home; - (ii) the flood event level that applies to the home. - (i) the flood hazard level that applies to the home; - (ii) the flood event level that applies to the home; or - (i) the flood hazard level that applies to the home; - (ii) the flood event level that applies to the home; or - (i) the flood hazard level that applies to the home; - (ii) the flood event level that applies to the home. - (a) repair or retrofit works; or - (b) home raising works; or - (c) relocation works; or - (d) demolition and replacement works. - (a) means a small building that— (i) is capable of providing self-contained accommodation; and (ii) is attached to land; and (iii) is detached from the main building on the land used for residential purposes; and - (i) is capable of providing self-contained accommodation; and - (ii) is attached to land; and - (iii) is detached from the main building on the land used for residential purposes; and - (b) does not include a house, townhouse, unit or manufactured home. - (i) is capable of providing self-contained accommodation; and - (ii) is attached to land; and - (iii) is detached from the main building on the land used for residential purposes; and - (a) means works to raise all or part of an eligible home so an affected part is at or above the higher of the following levels— (i) the flood hazard level that applies to the home; (ii) the flood event level that applies to the home; and - (i) the flood hazard level that applies to the home; - (ii) the flood event level that applies to the home; and - (b) includes preliminary investigation, design and approval works that are required to facilitate works mentioned in paragraph (a) . - (i) the flood hazard level that applies to the home; - (ii) the flood event level that applies to the home; and - (a) means— (i) a person who holds an electrical licence under the Electrical Safety Act 2002 ; or (ii) a person who holds a licence under the Plumbing and Drainage Act 2018 ; or (iii) a person who holds a licence under the Queensland Building and Construction Commission Act 1991 ; or (iv) a person registered as an architect under the Architects Act 2002 ; or (v) a person who is a registered professional engineer under the Professional Engineers Act 2002 ; or (vi) a person registered as a surveyor under the Surveyors Act 2003 ; and - (i) a person who holds an electrical licence under the Electrical Safety Act 2002 ; or - (ii) a person who holds a licence under the Plumbing and Drainage Act 2018 ; or - (iii) a person who holds a licence under the Queensland Building and Construction Commission Act 1991 ; or - (iv) a person registered as an architect under the Architects Act 2002 ; or - (v) a person who is a registered professional engineer under the Professional Engineers Act 2002 ; or - (vi) a person registered as a surveyor under the Surveyors Act 2003 ; and - (b) does not include the holder of an owner-builder permit under the Queensland Building and Construction Commission Act 1991 , section 43E . - (i) a person who holds an electrical licence under the Electrical Safety Act 2002 ; or - (ii) a person who holds a licence under the Plumbing and Drainage Act 2018 ; or - (iii) a person who holds a licence under the Queensland Building and Construction Commission Act 1991 ; or - (iv) a person registered as an architect under the Architects Act 2002 ; or - (v) a person who is a registered professional engineer under the Professional Engineers Act 2002 ; or - (vi) a person registered as a surveyor under the Surveyors Act 2003 ; and - (a) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or - (b) a caravan that has been modified so that it may not be moved from its position using the means ordinarily used to transport the caravan. - (a) for a house— (i) the registered owner, of the lot on which the house is located, under the Land Title Act 1994 ; or (ii) the lessee, for the land on which the house is located, under the Land Act 1994 if the lease allows for the residential occupation of a home on the land; or (iii) the lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; or - (i) the registered owner, of the lot on which the house is located, under the Land Title Act 1994 ; or - (ii) the lessee, for the land on which the house is located, under the Land Act 1994 if the lease allows for the residential occupation of a home on the land; or - (iii) the lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; or - (b) for a townhouse or unit— (i) the registered owner of the lot, that is the townhouse or unit, under the Body Corporate and Community Management Act 1997 ; or (ii) the proprietor of the lot, that is the townhouse or unit, under the Building Units and Group Titles Act 1980 ; or - (i) the registered owner of the lot, that is the townhouse or unit, under the Body Corporate and Community Management Act 1997 ; or - (ii) the proprietor of the lot, that is the townhouse or unit, under the Building Units and Group Titles Act 1980 ; or - (c) for a granny flat— (i) the registered owner, of the lot on which the flat is located, under the Land Title Act 1994 ; or (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or - (i) the registered owner, of the lot on which the flat is located, under the Land Title Act 1994 ; or - (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or - (d) for a manufactured home—the home owner for the manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or - (e) for another home—the person the authority is satisfied owns the home on the basis of an arrangement or document evidencing that the person is the owner or is treated as the owner by the entity that owns the land on which the home is located. - (i) the registered owner, of the lot on which the house is located, under the Land Title Act 1994 ; or - (ii) the lessee, for the land on which the house is located, under the Land Act 1994 if the lease allows for the residential occupation of a home on the land; or - (iii) the lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; or - (i) the registered owner of the lot, that is the townhouse or unit, under the Body Corporate and Community Management Act 1997 ; or - (ii) the proprietor of the lot, that is the townhouse or unit, under the Building Units and Group Titles Act 1980 ; or - (i) the registered owner, of the lot on which the flat is located, under the Land Title Act 1994 ; or - (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or - (a) the flood hazard level that applies to the home; - (b) the flood event level that applies to the home. - (a) relocated from a location other than the land on which an eligible home is located; and - (b) established on the land on which an eligible home was located before it was demolished. - (a) the Body Corporate and Community Management Act 1997 ; or - (b) the Building Units and Group Titles Act 1980 .