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Legislative Assembly for the ACT: 2003 Week 12 Hansard (20 November) . . Page.. 4387 ..

MR CORBELL (continuing):

Mr Speaker, plumbing plan certification for commercial development is currently provided for under the Construction Practitioners Registration Act. It is unlawful to construct these works without a certifier's plan approval. Only three persons are registered as plumbing plan certifiers and it is proposed to modify the conflict of interest provisions in the new legislation to allow a wider range of persons to certify plans. The government audits certified plans and is able to identify any failure to comply with the Australian Standards that apply to plumbing work. This maintains the protection of the public interest.

Mr Speaker, for residential building work, it is possible to separately obtain plan approval, have the owner nominate a builder to undertake the work and have the builder provide proof of residential building work insurance before work begins. The new Building Act specifies that all the approval steps must be completed and a commencement of building work notice issued. The builder to be in charge of the work will have to personally indicate that he or she has accepted their appointment to the building job and apply for the commencement notice.

Building certifiers under the current system, Mr Speaker, cannot issue formal building notices that require a builder to stop unlawful work being done or make good a failure to comply with building requirements. Instead the government must issue notices at the request of the building certifier. The new Building Act gives building certifiers the power to enforce compliance on properties for which they are responsible. This empowers certifiers to make an immediate response when problems emerge and is more efficient than the current system.

The opportunity was taken in the rewriting of the Building Act, Mr Speaker, and the amendment of other legislation to address some of the processes that have caused concern over the years or where there is uncertainty about interpretation. Some are minor and some are more substantive. One example is an amendment of the Water and Sewerage Regulations to allow for drainage work awaiting government inspection to be protected from storm damage. Another set of changes addresses uncertainties in the legislation being amended as part of this exercise in the use of stormwater or grey water for toilet flushing and irrigation purposes.

The legislation puts beyond doubt the legitimacy of grey water diversion valves under laundry tubs, the use of grey water hoses and the use of rainwater tanks as an alternative to potable water for toilet flushing. While these matters have only indirect linkages with construction occupation licensing, it was considered that, given the targets that the government's water policy has suggested for the re-use of water and water efficiency generally, it was desirable to address them at this stage.

Mr Speaker, it has been acknowledged by government, industry and community that the present regulatory regime would benefit from significant reform. This was clear from the work done in 1998 and 2000. The need for reform was confirmed in discussions with industry this year and in the written submissions received in connection with the exposure drafts. It has also been confirmed in correspondence from members of the community received over the years.

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