06 August 2019

Cladding Reforms In Queensland - Where To Next?

This article was written by Scott Watson and Aisling Scott.

The Minister for Housing and Public Works has recently announced that the Queensland Government intends to implement a combustible cladding ban in the State for new builds. The ban is proposed to extend to all aluminium composite panels with a PE core of greater than 30 per cent, restricting usage across all buildings in Queensland.

The Minister also announced proposals in relation to certifiers, including:

  • Requiring certifiers to declare that combustible cladding has not been used, and that there has not been any product substitution during the construction process.

  • Allowing certifiers to remain licensed while holding PI insurance featuring cladding related exclusions.
Draft legislation in relation to these reforms is yet to go before the parliament. We will issue you with a further update upon receipt and review of that legislation.

At the Commonwealth level, the Customs Amendment (Safer Cladding) Bill 2017 (Cth) lapsed on 1 July 2019. That Bill was introduced by Nick Xenophon in September 2017 to amend the Customs Act 1901 (Cth) to prohibit “the importation into Australia of polyethylene core aluminium composite panels”. It will be interesting to see if the Commonwealth Government will introduce fresh legislation, or if it will continue to leave cladding reform largely in the hands of the State governments going forward.

The other key cladding related reforms already in force in Queensland are summarised below.


Legislation

Date in force

Key takeaways

Building and Other Legislation (Cladding) Amendment Regulation 2018 (Qld)

1 October 2018

The amendments introduced a three stage assessment regime to identify affected buildings in Queensland. 

Owners of buildings must (noting the dates for compliance with certain steps has been revised):

  • have already (due 29 March 2019) registered buildings and completed the combustible cladding checklist (part 1).

  • have already (due 31 July 2019) completed the building industry professional statement and complete the combustible cladding checklist (part 2).

  • by 31 October 2019 engage fire engineer and register their details on the combustible cladding checklist (part 3).

  • by 3 May 2021 complete the building fire safety risk assessment, fire engineer statement and the combustible cladding checklist (part 3).

There are escalating penalties in relation to compliance with each of the above steps (up to 165 penalty units).

See our KWM insight here for more details of who needs to register their buildings and complete the combustible cladding checklist.

Building and Construction Legislation (Non-conforming Building Products – Chain of Responsibility and Other Matters) Amendment Act 2017 (Qld)

1 November 2017

The amendments broadened the objectives of the QBCC Act to include regulation of building products (including cladding).  The Act applies to building products that:

  • are not, or will not be, safe;

  • do not, or will not, comply with relevant regulatory provisions; or

  • do not perform, or is not capable of performing, for the use to the standard represented.

By way of summary, the amendments:

  • created new offences for those involved in the building product supply chain.

  • expanded current offences for failing to comply with an order or direction of the QBCC and its inspectors.placed proactive concurrent responsibility on each participant throughout  the building product supply chain and broadening the QBCC’s inspection and enforcement powers. 

  • created a new Ministerial power to issue recall orders or to publish warning statements about any product the Minister believes is non-conforming.

  • established the Building Products Advisory Committee.

Key contacts

KWM Belt & Road Center for International Cooperation and Facilitation

In March 2019, King & Wood Mallesons (KWM) established the Belt & Road Center for International Cooperation and Facilitation (BRCICF).

Belt and Road

A Guide to Investing in Australian Real Estate

Investing Down Under offers a quick overview of the legal, taxation, FIRB and structuring issues you may encounter when investing in Australian real estate.

Share on LinkedIn Share on Facebook Share on Twitter
    You might also be interested in

    If your business is caught by the Modern Slavery Act 2018 (Cth) (the Act), you may have your first modern slavery statement due this year.

    24 January 2020

    The landmark decision in TPT Patrol Pty Ltd as trustee for Amies Superannuation Fund v Myer Holdings Limited [2019] FCA 1747 was the first shareholder class action to reach judgment in Australia. The...

    19 December 2019

    The landmark decision in TPT Patrol Pty Ltd as trustee for Amies Superannuation Fund v Myer Holdings Limited [2019] FCA 1747 was the first shareholder class action to reach judgment in Australia. The...

    16 December 2019

    On 1 December 2019 new provisions contained within the Conveyancing Legislation Amendment Act 2018 and associated Regulations came into effect. The new laws require a vendor of residential property...

    04 December 2019

    This site uses cookies to enhance your experience and to help us improve the site. Please see our Privacy Policy for further information. If you continue without changing your settings, we will assume that you are happy to receive these cookies. You can change your cookie settings at any time.

    For more information on which cookies we use then please refer to our Cookie Policy.