{"id":"qld:act-2009-046","name":"South-East Queensland Water (Distribution and Retail Restructuring) Act 2009","slug":"south-east-queensland-water-distribution-and-retail-restructuring-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"46 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29933,"registerId":"qld-act-2009-046-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\ns 1 amd 2009 No. 46 s 110","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSections 108 to 110 commence on the day after the date of assent of this Act.\nSections 111 and 112 commence on the day after the repeal of the Integrated Planning Act 1997 under the Sustainable Planning Act 2009 .\n(sec.2-ssec.1) Sections 108 to 110 commence on the day after the date of assent of this Act.\n(sec.2-ssec.2) Sections 111 and 112 commence on the day after the repeal of the Integrated Planning Act 1997 under the Sustainable Planning Act 2009 .","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purposes and application of Act","content":"# Purposes and application of Act","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe purposes of this Act are to do the following for the SEQ region—\nimprove water supply coordination and management;\ndeliver improved and more efficient water services and wastewater services to customers;\nimprove the management of water and wastewater infrastructure.\n- (a) improve water supply coordination and management;\n- (b) deliver improved and more efficient water services and wastewater services to customers;\n- (c) improve the management of water and wastewater infrastructure.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Achievement of purposes","content":"### sec.4 Achievement of purposes\n\nThe purposes are achieved by—\ncontinuing the SEQ region water industry restructure started under the 2007 restructuring Act ; and\nproviding for the making of a customer water and wastewater code for the provision of water services and wastewater services to customers in the SEQ region.\nThis Act provides for the continued restructure by—\ncreating new integrated retail and distribution authorities (called ‘distributor-retailers’) to deliver the services to customers within a particular area for each (called its ‘geographic area’); and\nproviding for the following to, subject to this Act, deliver the services to customers in their local government areas from 1 July 2012—\nthe Gold Coast City Council;\nthe Logan City Council;\nthe Redland City Council; and\nproviding for particular matters relating to distributor-retailers to be fixed by agreement with the local governments for their geographic area (called their ‘participating local governments’); and\nfacilitating the transfer to distributor-retailers of the infrastructure and functions of their participating local governments as service providers for the services; and\nproviding for all distributor-retailers to become service providers on and from 1 July 2010; and\nthe inclusion of particular provisions about the performance of the functions of distributor-retailers as service providers.\ns 4 amd 2010 No. 20 s 4 ; 2010 No. 53 s 139 ; 2012 No. 1 s 4 ; 2012 No. 39 s 4\n(sec.4-ssec.1) The purposes are achieved by— continuing the SEQ region water industry restructure started under the 2007 restructuring Act ; and providing for the making of a customer water and wastewater code for the provision of water services and wastewater services to customers in the SEQ region.\n(sec.4-ssec.2) This Act provides for the continued restructure by— creating new integrated retail and distribution authorities (called ‘distributor-retailers’) to deliver the services to customers within a particular area for each (called its ‘geographic area’); and providing for the following to, subject to this Act, deliver the services to customers in their local government areas from 1 July 2012— the Gold Coast City Council; the Logan City Council; the Redland City Council; and providing for particular matters relating to distributor-retailers to be fixed by agreement with the local governments for their geographic area (called their ‘participating local governments’); and facilitating the transfer to distributor-retailers of the infrastructure and functions of their participating local governments as service providers for the services; and providing for all distributor-retailers to become service providers on and from 1 July 2010; and the inclusion of particular provisions about the performance of the functions of distributor-retailers as service providers.\n- (a) continuing the SEQ region water industry restructure started under the 2007 restructuring Act ; and\n- (b) providing for the making of a customer water and wastewater code for the provision of water services and wastewater services to customers in the SEQ region.\n- (a) creating new integrated retail and distribution authorities (called ‘distributor-retailers’) to deliver the services to customers within a particular area for each (called its ‘geographic area’); and\n- (b) providing for the following to, subject to this Act, deliver the services to customers in their local government areas from 1 July 2012— (i) the Gold Coast City Council; (ii) the Logan City Council; (iii) the Redland City Council; and\n- (i) the Gold Coast City Council;\n- (ii) the Logan City Council;\n- (iii) the Redland City Council; and\n- (c) providing for particular matters relating to distributor-retailers to be fixed by agreement with the local governments for their geographic area (called their ‘participating local governments’); and\n- (d) facilitating the transfer to distributor-retailers of the infrastructure and functions of their participating local governments as service providers for the services; and\n- (e) providing for all distributor-retailers to become service providers on and from 1 July 2010; and\n- (f) the inclusion of particular provisions about the performance of the functions of distributor-retailers as service providers.\n- (i) the Gold Coast City Council;\n- (ii) the Logan City Council;\n- (iii) the Redland City Council; and","sortOrder":5},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":6},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Who are a distributor-retailer’s participating local governments","content":"### sec.5 Who are a distributor-retailer’s participating local governments\n\nA distributor-retailer’s participating local governments are—\nfor the Northern SEQ Distributor-Retailer Authority—Sunshine Coast Regional Council, Noosa Shire Council and Moreton Bay City Council; and\nfor the Central SEQ Distributor-Retailer Authority—Brisbane City Council, Ipswich City Council, Scenic Rim Regional Council, Lockyer Valley Regional Council and Somerset Regional Council; and\nfor the Southern SEQ Distributor-Retailer Authority—Gold Coast City Council, Redland City Council and Logan City Council.\nIn a provision about a board, a reference to a participating local government is a reference to a participating local government under subsection (1) for the board’s distributor-retailer.\ns 5 amd 2012 No. 1 s 5 ; 2013 No. 42 s 42 ; 2023 No. 30 s 119 sch 1\n(sec.5-ssec.1) A distributor-retailer’s participating local governments are— for the Northern SEQ Distributor-Retailer Authority—Sunshine Coast Regional Council, Noosa Shire Council and Moreton Bay City Council; and for the Central SEQ Distributor-Retailer Authority—Brisbane City Council, Ipswich City Council, Scenic Rim Regional Council, Lockyer Valley Regional Council and Somerset Regional Council; and for the Southern SEQ Distributor-Retailer Authority—Gold Coast City Council, Redland City Council and Logan City Council.\n(sec.5-ssec.2) In a provision about a board, a reference to a participating local government is a reference to a participating local government under subsection (1) for the board’s distributor-retailer.\n- (a) for the Northern SEQ Distributor-Retailer Authority—Sunshine Coast Regional Council, Noosa Shire Council and Moreton Bay City Council; and\n- (b) for the Central SEQ Distributor-Retailer Authority—Brisbane City Council, Ipswich City Council, Scenic Rim Regional Council, Lockyer Valley Regional Council and Somerset Regional Council; and\n- (c) for the Southern SEQ Distributor-Retailer Authority—Gold Coast City Council, Redland City Council and Logan City Council.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"What is a distributor-retailer’s geographic area","content":"### sec.6 What is a distributor-retailer’s geographic area\n\nA distributor-retailer’s geographic area is the area that consists of the local government areas of all of its participating local governments.","sortOrder":9},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Dictionary","content":"### sec.7 Dictionary\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":11},{"sectionNumber":"ch.1-pt.3-div.3","sectionType":"division","heading":"Functions","content":"## Functions","sortOrder":12},{"sectionNumber":"sec.7A","sectionType":"section","heading":"References to functions","content":"### sec.7A References to functions\n\nIn this Act—\na reference to a function includes a reference to a power or jurisdiction; and\na reference to performing a function includes a reference to exercising a power or jurisdiction.\ns 7A ins 2012 No. 1 s 6\n- (a) a reference to a function includes a reference to a power or jurisdiction; and\n- (b) a reference to performing a function includes a reference to exercising a power or jurisdiction.","sortOrder":13},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Establishment, functions and powers","content":"# Establishment, functions and powers","sortOrder":14},{"sectionNumber":"sec.8","sectionType":"section","heading":"Establishment","content":"### sec.8 Establishment\n\nThe following (each a distributor-retailer ) are established—\nthe Northern SEQ Distributor-Retailer Authority;\nthe Central SEQ Distributor-Retailer Authority;\nthe Southern SEQ Distributor-Retailer Authority.\nFor the authority mentioned in paragraph (c) , see chapter 3A (Replacement of Allconnex by councils), part 9 (Dissolution of Allconnex).\nUnder section 92AP , that authority will only have limited functions from 1 July 2012.\ns 8 amd 2012 No. 1 s 7\n- (a) the Northern SEQ Distributor-Retailer Authority;\n- (b) the Central SEQ Distributor-Retailer Authority;\n- (c) the Southern SEQ Distributor-Retailer Authority. Notes— 1 For the authority mentioned in paragraph (c) , see chapter 3A (Replacement of Allconnex by councils), part 9 (Dissolution of Allconnex). 2 Under section 92AP , that authority will only have limited functions from 1 July 2012.\n- 1 For the authority mentioned in paragraph (c) , see chapter 3A (Replacement of Allconnex by councils), part 9 (Dissolution of Allconnex).\n- 2 Under section 92AP , that authority will only have limited functions from 1 July 2012.\n- 1 For the authority mentioned in paragraph (c) , see chapter 3A (Replacement of Allconnex by councils), part 9 (Dissolution of Allconnex).\n- 2 Under section 92AP , that authority will only have limited functions from 1 July 2012.","sortOrder":15},{"sectionNumber":"sec.9","sectionType":"section","heading":"Legal status","content":"### sec.9 Legal status\n\nA distributor-retailer—\nis not a body corporate; and\nis not constituted by its board or participants; and\ndoes not represent the State.\n- (a) is not a body corporate; and\n- (b) is not constituted by its board or participants; and\n- (c) does not represent the State.","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"Expiry","content":"### sec.10 Expiry\n\nA distributor-retailer expires at the end of 99 years after its establishment.\nWhen a distributor-retailer expires—\nits assets and liabilities become the assets and liabilities of its participants; and\nthe participants become the successor in law of the assets and liabilities rateably in accordance with their participation rights under the distributor-retailer’s participation agreement.\nA regulation may provide for any matter necessary or convenient to give effect to this section, including, for example, a provision about all or any of the following when a distributor-retailer expires (the former entity )—\nthe process concerning the distribution of its assets and liabilities;\nthe transfer of the employment of the former entity’s employees and of their rights;\nthe application of instruments relating to the former entity;\nthe former entity’s records;\nthe performance of the former entity’s functions immediately before the expiry.\n(sec.10-ssec.1) A distributor-retailer expires at the end of 99 years after its establishment.\n(sec.10-ssec.2) When a distributor-retailer expires— its assets and liabilities become the assets and liabilities of its participants; and the participants become the successor in law of the assets and liabilities rateably in accordance with their participation rights under the distributor-retailer’s participation agreement.\n(sec.10-ssec.3) A regulation may provide for any matter necessary or convenient to give effect to this section, including, for example, a provision about all or any of the following when a distributor-retailer expires (the former entity )— the process concerning the distribution of its assets and liabilities; the transfer of the employment of the former entity’s employees and of their rights; the application of instruments relating to the former entity; the former entity’s records; the performance of the former entity’s functions immediately before the expiry.\n- (a) its assets and liabilities become the assets and liabilities of its participants; and\n- (b) the participants become the successor in law of the assets and liabilities rateably in accordance with their participation rights under the distributor-retailer’s participation agreement.\n- (a) the process concerning the distribution of its assets and liabilities;\n- (b) the transfer of the employment of the former entity’s employees and of their rights;\n- (c) the application of instruments relating to the former entity;\n- (d) the former entity’s records;\n- (e) the performance of the former entity’s functions immediately before the expiry.","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions","content":"### sec.11 Functions\n\nA distributor-retailer’s primary functions are to do the following for its geographic area—\npurchase water;\ndistribute water;\nprovide the following services ( relevant services ) to customers—\nwater services;\nwastewater services;\ncharge customers for relevant services;\nmanage customer enquiries, service requests and complaints;\non and from 1 July 2010—\nperform functions under this Act and the Water Supply Act relating to trade waste and seepage water as a sewerage service provider; and\nSee section 53AA (Distributor-retailers become service providers).\nperform particular planning and development assessment functions under the Planning Act ;\nanything else likely to complement or enhance a function mentioned in paragraphs (a) to (f) .\nThe primary functions are a distributor-retailer’s geographic area functions .\nA distributor-retailer may perform business or other functions it considers appropriate.\ns 11 amd 2010 No. 20 s 5 ; 2011 No. 31 s 351 ; 2012 No. 39 s 5\n(sec.11-ssec.1) A distributor-retailer’s primary functions are to do the following for its geographic area— purchase water; distribute water; provide the following services ( relevant services ) to customers— water services; wastewater services; charge customers for relevant services; manage customer enquiries, service requests and complaints; on and from 1 July 2010— perform functions under this Act and the Water Supply Act relating to trade waste and seepage water as a sewerage service provider; and See section 53AA (Distributor-retailers become service providers). perform particular planning and development assessment functions under the Planning Act ; anything else likely to complement or enhance a function mentioned in paragraphs (a) to (f) .\n(sec.11-ssec.2) The primary functions are a distributor-retailer’s geographic area functions .\n(sec.11-ssec.3) A distributor-retailer may perform business or other functions it considers appropriate.\n- (a) purchase water;\n- (b) distribute water;\n- (c) provide the following services ( relevant services ) to customers— (i) water services; (ii) wastewater services;\n- (i) water services;\n- (ii) wastewater services;\n- (d) charge customers for relevant services;\n- (e) manage customer enquiries, service requests and complaints;\n- (f) on and from 1 July 2010— (i) perform functions under this Act and the Water Supply Act relating to trade waste and seepage water as a sewerage service provider; and Note— See section 53AA (Distributor-retailers become service providers). (ii) perform particular planning and development assessment functions under the Planning Act ;\n- (i) perform functions under this Act and the Water Supply Act relating to trade waste and seepage water as a sewerage service provider; and Note— See section 53AA (Distributor-retailers become service providers).\n- (ii) perform particular planning and development assessment functions under the Planning Act ;\n- (g) anything else likely to complement or enhance a function mentioned in paragraphs (a) to (f) .\n- (i) water services;\n- (ii) wastewater services;\n- (i) perform functions under this Act and the Water Supply Act relating to trade waste and seepage water as a sewerage service provider; and Note— See section 53AA (Distributor-retailers become service providers).\n- (ii) perform particular planning and development assessment functions under the Planning Act ;","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Powers","content":"### sec.12 Powers\n\nA distributor-retailer has all the powers of an individual and may, for example—\nenter into contracts; and\nacquire, hold, dispose of and deal with property; and\nemploy staff; and\nappoint agents and attorneys; and\nengage consultants; and\nfix charges and other terms for services and other facilities it supplies; and\ndo anything else necessary or convenient to be done for its functions.\nWithout limiting subsection (1) , a distributor-retailer has the powers given to it under an Act.\nDespite subsections (1) and (2) , a distributor-retailer’s powers are subject to any limitations under the Acts mentioned in part 2 .\nHowever, an exercise of a power in contravention of a limitation or restriction under an Act does not invalidate or otherwise affect the exercise of the power.\nA distributor-retailer may sue and be sued in the name it is given under section 8 .\n(sec.12-ssec.1) A distributor-retailer has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of and deal with property; and employ staff; and appoint agents and attorneys; and engage consultants; and fix charges and other terms for services and other facilities it supplies; and do anything else necessary or convenient to be done for its functions.\n(sec.12-ssec.2) Without limiting subsection (1) , a distributor-retailer has the powers given to it under an Act.\n(sec.12-ssec.3) Despite subsections (1) and (2) , a distributor-retailer’s powers are subject to any limitations under the Acts mentioned in part 2 .\n(sec.12-ssec.4) However, an exercise of a power in contravention of a limitation or restriction under an Act does not invalidate or otherwise affect the exercise of the power.\n(sec.12-ssec.5) A distributor-retailer may sue and be sued in the name it is given under section 8 .\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of and deal with property; and\n- (c) employ staff; and\n- (d) appoint agents and attorneys; and\n- (e) engage consultants; and\n- (f) fix charges and other terms for services and other facilities it supplies; and\n- (g) do anything else necessary or convenient to be done for its functions.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions","content":"### sec.13 Functions\n\nA distributor-retailer may perform its functions inside or outside Queensland.\ns 13 sub 2012 No. 1 s 105 sch","sortOrder":20},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Application of particular other Acts to distributor-retailers","content":"# Application of particular other Acts to distributor-retailers","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Statutory Bodies Financial Arrangements Act 1982","content":"### sec.14 Statutory Bodies Financial Arrangements Act 1982\n\nA distributor-retailer is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).\nThe SBFA , part 2B sets out the way in which a distributor-retailer’s powers under this Act are affected by that Act.\nDespite the SBFA , section 31 (2) a distributor-retailer may operate an account with an overdraft facility without the Treasurer’s approval under the SBFA .\n(sec.14-ssec.1) A distributor-retailer is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA ).\n(sec.14-ssec.2) The SBFA , part 2B sets out the way in which a distributor-retailer’s powers under this Act are affected by that Act.\n(sec.14-ssec.3) Despite the SBFA , section 31 (2) a distributor-retailer may operate an account with an overdraft facility without the Treasurer’s approval under the SBFA .","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Financial Accountability Act 2009","content":"### sec.15 Financial Accountability Act 2009\n\nA distributor-retailer is a statutory body under the Financial Accountability Act 2009 (the FAA ).\nHowever, the provisions of a standard under the FAA about resource management do not apply to a distributor-retailer.\nSee the Financial and Performance Management Standard 2009 , part 2 , division 4 (General resource management).\nFor applying the FAA , a reference in that Act to a statutory body reporting to a Minister is taken to be a reference to the distributor-retailer reporting, in the way provided for under its participation agreement, to its participating local governments who are also participants in the distributor-retailer.\nHowever, subsection (3) does not apply if the reporting is for the purpose of tabling in the Legislative Assembly.\nAny operational or strategic planning requirements under a standard under the FAA are taken to have been complied with by a distributor-retailer if the distributor-retailer complies with its planning and reporting requirements.\n(sec.15-ssec.1) A distributor-retailer is a statutory body under the Financial Accountability Act 2009 (the FAA ).\n(sec.15-ssec.2) However, the provisions of a standard under the FAA about resource management do not apply to a distributor-retailer. See the Financial and Performance Management Standard 2009 , part 2 , division 4 (General resource management).\n(sec.15-ssec.3) For applying the FAA , a reference in that Act to a statutory body reporting to a Minister is taken to be a reference to the distributor-retailer reporting, in the way provided for under its participation agreement, to its participating local governments who are also participants in the distributor-retailer.\n(sec.15-ssec.4) However, subsection (3) does not apply if the reporting is for the purpose of tabling in the Legislative Assembly.\n(sec.15-ssec.5) Any operational or strategic planning requirements under a standard under the FAA are taken to have been complied with by a distributor-retailer if the distributor-retailer complies with its planning and reporting requirements.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Crime and Corruption Act 2001","content":"### sec.16 Crime and Corruption Act 2001\n\nA distributor-retailer is a unit of public administration under the Crime and Corruption Act 2001 .\ns 16 sub 2014 No. 21 s 94 (2) sch 2","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Right to Information Act 2009","content":"### sec.17 Right to Information Act 2009\n\nA distributor-retailer is taken to be an agency under the Right to Information Act 2009 .","sortOrder":25},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Information Privacy Act 2009","content":"### sec.17A Information Privacy Act 2009\n\nA distributor-retailer is taken to be an agency under the Information Privacy Act 2009 .\ns 17A ins 2010 No. 20 s 6","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Land Act and Land Title Act","content":"### sec.18 Land Act and Land Title Act\n\nFor the Land Act and the Land Title Act , a distributor-retailer is taken to be a person authorised by law to provide a public utility service.","sortOrder":27},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Penalties and Sentences Act 1992","content":"### sec.18A Penalties and Sentences Act 1992\n\nA distributor-retailer is taken to be a corporation for the Penalties and Sentences Act 1992 .\ns 18A ins 2010 No. 20 s 7","sortOrder":28},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Joint government activity power for LGA 2009 and CBA 2010","content":"### sec.18B Joint government activity power for LGA 2009 and CBA 2010\n\nFor LGA 2009 , section 10 and CBA 2010 , section 12 , a reference to a local government is taken to include a reference to a distributor-retailer.\ns 18B ins 2012 No. 1 s 8","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"Deletion of commercially sensitive matters from annual report","content":"### sec.19 Deletion of commercially sensitive matters from annual report\n\nThis section applies if under another Act, an annual report relating to a distributor-retailer must be made public.\nThe board may ask the relevant Minister to delete from the copies of the annual report a matter that is of a commercially sensitive nature.\nDespite the other Act, the Minister may delete the matter from the copies of the annual report that are laid before the Legislative Assembly or otherwise made public.\nIn this section—\nannual report includes any documents accompanying the report.\n(sec.19-ssec.1) This section applies if under another Act, an annual report relating to a distributor-retailer must be made public.\n(sec.19-ssec.2) The board may ask the relevant Minister to delete from the copies of the annual report a matter that is of a commercially sensitive nature.\n(sec.19-ssec.3) Despite the other Act, the Minister may delete the matter from the copies of the annual report that are laid before the Legislative Assembly or otherwise made public.\n(sec.19-ssec.4) In this section— annual report includes any documents accompanying the report.","sortOrder":30},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Participation agreements for distributor-retailers","content":"# Participation agreements for distributor-retailers","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Requirement for agreement","content":"### sec.20 Requirement for agreement\n\nA distributor-retailer must, as soon as practicable after the date of assent of this Act, enter into an agreement (a participation agreement ) with its participating local governments about the following matters concerning the distributor-retailer—\nthat the participating local governments have the right to participate in its profits;\nFor the distribution of assets and liabilities when the distributor-retailer expires, see section 10 (2) (Expiry).\nthe way in which distributions of its profits are to be approved for section 43 ;\nits internal management;\nits corporate planning requirements;\nits requirements about reporting to its participants;\nthe proportions in which the local governments are to receive tax equivalents the distributor-retailer pays under section 100 ;\nany other matter concerning distributor-retailers prescribed under a regulation.\nRights mentioned in subsection (1) (a) are the participation rights in the distributor-retailer.\nThose who hold the participation rights are the distributor-retailer’s participants .\nThe requirements mentioned in subsection (1) (d) and (e) are the distributor-retailer’s planning and reporting requirements .\ns 20 amd 2012 No. 1 s 9\n(sec.20-ssec.1) A distributor-retailer must, as soon as practicable after the date of assent of this Act, enter into an agreement (a participation agreement ) with its participating local governments about the following matters concerning the distributor-retailer— that the participating local governments have the right to participate in its profits; For the distribution of assets and liabilities when the distributor-retailer expires, see section 10 (2) (Expiry). the way in which distributions of its profits are to be approved for section 43 ; its internal management; its corporate planning requirements; its requirements about reporting to its participants; the proportions in which the local governments are to receive tax equivalents the distributor-retailer pays under section 100 ; any other matter concerning distributor-retailers prescribed under a regulation.\n(sec.20-ssec.2) Rights mentioned in subsection (1) (a) are the participation rights in the distributor-retailer.\n(sec.20-ssec.3) Those who hold the participation rights are the distributor-retailer’s participants .\n(sec.20-ssec.4) The requirements mentioned in subsection (1) (d) and (e) are the distributor-retailer’s planning and reporting requirements .\n- (a) that the participating local governments have the right to participate in its profits; Note— For the distribution of assets and liabilities when the distributor-retailer expires, see section 10 (2) (Expiry).\n- (b) the way in which distributions of its profits are to be approved for section 43 ;\n- (c) its internal management;\n- (d) its corporate planning requirements;\n- (e) its requirements about reporting to its participants;\n- (f) the proportions in which the local governments are to receive tax equivalents the distributor-retailer pays under section 100 ;\n- (g) any other matter concerning distributor-retailers prescribed under a regulation.","sortOrder":32},{"sectionNumber":"sec.21","sectionType":"section","heading":"Planning and reporting requirements","content":"### sec.21 Planning and reporting requirements\n\nA distributor-retailer’s participation agreement must—\nrequire the distributor-retailer to prepare a plan about its future direction, goals and priorities for at least 5 years after the agreement takes effect; and\nstate the matters that the plan must provide for; and\nensure the distributor-retailer’s participating local governments who are also participants in the distributor-retailer are given enough information to allow them to make an informed assessment of the distributor-retailer’s operations; and\nstate the types of information that must be given to comply with paragraph (c) .\nSubsection (1) does not limit what may be provided for under the distributor-retailer’s planning and reporting requirements.\n(sec.21-ssec.1) A distributor-retailer’s participation agreement must— require the distributor-retailer to prepare a plan about its future direction, goals and priorities for at least 5 years after the agreement takes effect; and state the matters that the plan must provide for; and ensure the distributor-retailer’s participating local governments who are also participants in the distributor-retailer are given enough information to allow them to make an informed assessment of the distributor-retailer’s operations; and state the types of information that must be given to comply with paragraph (c) .\n(sec.21-ssec.2) Subsection (1) does not limit what may be provided for under the distributor-retailer’s planning and reporting requirements.\n- (a) require the distributor-retailer to prepare a plan about its future direction, goals and priorities for at least 5 years after the agreement takes effect; and\n- (b) state the matters that the plan must provide for; and\n- (c) ensure the distributor-retailer’s participating local governments who are also participants in the distributor-retailer are given enough information to allow them to make an informed assessment of the distributor-retailer’s operations; and\n- (d) state the types of information that must be given to comply with paragraph (c) .","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Particular matters agreement may provide for","content":"### sec.22 Particular matters agreement may provide for\n\nWithout limiting section 20 (1) , the participation agreement for a distributor-retailer may provide for all or any of the following—\nthe issuing, registration and transfer of its participation rights;\nSee however, section 29 (Ministerial approval required for change in particular matters).\nclasses of participants;\nthe obligations of participants in their capacity as participants;\nthe voting rights of participants;\nthe membership, powers and procedures of its board, including, for example, the term of office of its councillor-members or additional requirements to those under section 34 for their appointment or removal.\ns 22 amd 2012 No. 1 s 10\n(sec.22-ssec) Without limiting section 20 (1) , the participation agreement for a distributor-retailer may provide for all or any of the following— the issuing, registration and transfer of its participation rights; See however, section 29 (Ministerial approval required for change in particular matters). classes of participants; the obligations of participants in their capacity as participants; the voting rights of participants; the membership, powers and procedures of its board, including, for example, the term of office of its councillor-members or additional requirements to those under section 34 for their appointment or removal.\n- (a) the issuing, registration and transfer of its participation rights; Note— See however, section 29 (Ministerial approval required for change in particular matters).\n- (b) classes of participants;\n- (c) the obligations of participants in their capacity as participants;\n- (d) the voting rights of participants;\n- (e) the membership, powers and procedures of its board, including, for example, the term of office of its councillor-members or additional requirements to those under section 34 for their appointment or removal.","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Minister’s default power to make agreement","content":"### sec.23 Minister’s default power to make agreement\n\nThis section applies if a distributor-retailer and its participating local governments have not complied with section 20 by 30 April 2010.\nThe Minister may make a participation agreement for the distributor-retailer.\nSee also section 104 (Interim participation agreement).\n(sec.23-ssec.1) This section applies if a distributor-retailer and its participating local governments have not complied with section 20 by 30 April 2010.\n(sec.23-ssec.2) The Minister may make a participation agreement for the distributor-retailer. See also section 104 (Interim participation agreement).","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"When agreement takes effect","content":"### sec.24 When agreement takes effect\n\nA participation agreement, other than one under section 23 , takes effect only on the latest of the following days—\nthe day the Minister gives the parties to the agreement a notice that the Minister has approved it;\nif the agreement states a later day of effect—the later day.\nA participation agreement made under section 23 takes effect according to its terms.\n(sec.24-ssec.1) A participation agreement, other than one under section 23 , takes effect only on the latest of the following days— the day the Minister gives the parties to the agreement a notice that the Minister has approved it; if the agreement states a later day of effect—the later day.\n(sec.24-ssec.2) A participation agreement made under section 23 takes effect according to its terms.\n- (a) the day the Minister gives the parties to the agreement a notice that the Minister has approved it;\n- (b) if the agreement states a later day of effect—the later day.","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Tabling of agreement","content":"### sec.25 Tabling of agreement\n\nIf the Minister approves or makes a participation agreement, the Minister must within 14 sitting days, table a copy of the agreement in the Legislative Assembly.\nA failure to comply with subsection (1) does not stop the agreement taking effect.\n(sec.25-ssec.1) If the Minister approves or makes a participation agreement, the Minister must within 14 sitting days, table a copy of the agreement in the Legislative Assembly.\n(sec.25-ssec.2) A failure to comply with subsection (1) does not stop the agreement taking effect.","sortOrder":37},{"sectionNumber":"sec.26","sectionType":"section","heading":"Effect as a contract","content":"### sec.26 Effect as a contract\n\nWhen a participation agreement for a distributor-retailer takes effect, it has effect as a contract between all of the following entities from time to time—\nthe parties to the agreement;\nall other entities who are or become participants in the distributor-retailer;\neach member of the board.\nThe entities are taken to have agreed to observe and perform the contract so far as it applies to them.\n(sec.26-ssec.1) When a participation agreement for a distributor-retailer takes effect, it has effect as a contract between all of the following entities from time to time— the parties to the agreement; all other entities who are or become participants in the distributor-retailer; each member of the board.\n(sec.26-ssec.2) The entities are taken to have agreed to observe and perform the contract so far as it applies to them.\n- (a) the parties to the agreement;\n- (b) all other entities who are or become participants in the distributor-retailer;\n- (c) each member of the board.","sortOrder":38},{"sectionNumber":"sec.27","sectionType":"section","heading":"Act prevails over agreement","content":"### sec.27 Act prevails over agreement\n\nIf a provision of a participation agreement is inconsistent with a provision of this Act, the provision of this Act prevails to the extent of the inconsistency.","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Power to amend by agreement","content":"### sec.28 Power to amend by agreement\n\nSubject to section 29 , a participation agreement for a distributor-retailer may be amended—\nby agreement between all of its participants; or\nif the participation agreement provides for another way in which it can be amended—in accordance with the other way.\nHowever, a participation agreement for a distributor-retailer can not be amended to allow anyone other than a participating local government for the distributor-retailer to become a participant in it.\nIf a local government is a participant, it may agree to the amendment only if it has passed a resolution to that effect.\nIf a participation agreement is amended under subsection (1) , the distributor-retailer must give the Minister a copy of the amended agreement as soon as practicable.\ns 28 amd 2012 No. 1 s 11\n(sec.28-ssec.1) Subject to section 29 , a participation agreement for a distributor-retailer may be amended— by agreement between all of its participants; or if the participation agreement provides for another way in which it can be amended—in accordance with the other way.\n(sec.28-ssec.2) However, a participation agreement for a distributor-retailer can not be amended to allow anyone other than a participating local government for the distributor-retailer to become a participant in it.\n(sec.28-ssec.3) If a local government is a participant, it may agree to the amendment only if it has passed a resolution to that effect.\n(sec.28-ssec.4) If a participation agreement is amended under subsection (1) , the distributor-retailer must give the Minister a copy of the amended agreement as soon as practicable.\n- (a) by agreement between all of its participants; or\n- (b) if the participation agreement provides for another way in which it can be amended—in accordance with the other way.","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Ministerial approval required for change in particular matters","content":"### sec.29 Ministerial approval required for change in particular matters\n\nA change to a participation agreement about a restricted matter concerning a distributor-retailer has no effect unless the Minister has—\nbeen given a copy of the proposed amended agreement; and\nby notice to the distributor-retailer approved the change.\nA person can not become a participant in a distributor-retailer unless—\nthe distributor-retailer’s participation agreement or a change to the agreement approved under subsection (1) , provides for the person to be, or to become, a participant; or\nthe Minister has approved the person to be a participant in the distributor-retailer and the person’s proposed participation rights in it.\nIn this section—\nrestricted matter , concerning a distributor-retailer, means—\nthe participants in the distributor-retailer, including—\nwho may become a participant; and\nany change in participants; and\nwho may cease to be a participant; or\nthe participation rights in the distributor-retailer or how the rights may be transferred or otherwise dealt with; or\nany provision of its participation agreement that provides for how it can be amended other than by agreement between all of the distributor-retailer’s participants; or\nits planning and reporting requirements.\n(sec.29-ssec.1) A change to a participation agreement about a restricted matter concerning a distributor-retailer has no effect unless the Minister has— been given a copy of the proposed amended agreement; and by notice to the distributor-retailer approved the change.\n(sec.29-ssec.2) A person can not become a participant in a distributor-retailer unless— the distributor-retailer’s participation agreement or a change to the agreement approved under subsection (1) , provides for the person to be, or to become, a participant; or the Minister has approved the person to be a participant in the distributor-retailer and the person’s proposed participation rights in it.\n(sec.29-ssec.3) In this section— restricted matter , concerning a distributor-retailer, means— the participants in the distributor-retailer, including— who may become a participant; and any change in participants; and who may cease to be a participant; or the participation rights in the distributor-retailer or how the rights may be transferred or otherwise dealt with; or any provision of its participation agreement that provides for how it can be amended other than by agreement between all of the distributor-retailer’s participants; or its planning and reporting requirements.\n- (a) been given a copy of the proposed amended agreement; and\n- (b) by notice to the distributor-retailer approved the change.\n- (a) the distributor-retailer’s participation agreement or a change to the agreement approved under subsection (1) , provides for the person to be, or to become, a participant; or\n- (b) the Minister has approved the person to be a participant in the distributor-retailer and the person’s proposed participation rights in it.\n- (a) the participants in the distributor-retailer, including— (i) who may become a participant; and (ii) any change in participants; and (iii) who may cease to be a participant; or\n- (i) who may become a participant; and\n- (ii) any change in participants; and\n- (iii) who may cease to be a participant; or\n- (b) the participation rights in the distributor-retailer or how the rights may be transferred or otherwise dealt with; or\n- (c) any provision of its participation agreement that provides for how it can be amended other than by agreement between all of the distributor-retailer’s participants; or\n- (d) its planning and reporting requirements.\n- (i) who may become a participant; and\n- (ii) any change in participants; and\n- (iii) who may cease to be a participant; or","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Tabling of amended agreement","content":"### sec.30 Tabling of amended agreement\n\nThis section applies if the Minister—\nunder section 28 , is given an amended participation agreement; or\ngives an approval under section 29 (1) (b) .\nThe Minister must within 21 sitting days, table a copy of the amended agreement in the Legislative Assembly.\nA failure to comply with subsection (2) does not stop the amended agreement from taking effect.\n(sec.30-ssec.1) This section applies if the Minister— under section 28 , is given an amended participation agreement; or gives an approval under section 29 (1) (b) .\n(sec.30-ssec.2) The Minister must within 21 sitting days, table a copy of the amended agreement in the Legislative Assembly.\n(sec.30-ssec.3) A failure to comply with subsection (2) does not stop the amended agreement from taking effect.\n- (a) under section 28 , is given an amended participation agreement; or\n- (b) gives an approval under section 29 (1) (b) .","sortOrder":42},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Publication of participation agreement etc.","content":"### sec.30A Publication of participation agreement etc.\n\nThis section applies if—\na distributor-retailer or local government enters into a participation agreement; or\nthe Minister makes a participation agreement for a distributor-retailer; or\na participation agreement entered into by a distributor-retailer or a local government or made by the Minister is amended.\nThe distributor-retailer or local government must, within 30 days after the agreement is entered into or the amendment takes effect, publish on its website—\na copy of the participation agreement or amendment; and\na brief summary of the agreement, or the agreement as amended, that complies with subsection (3) .\nMaximum penalty—200 penalty units.\nAs a minimum, the summary must refer to each of the matters mentioned in section 20 (1) .\ns 30A ins 2010 No. 53 s 140\n(sec.30A-ssec.1) This section applies if— a distributor-retailer or local government enters into a participation agreement; or the Minister makes a participation agreement for a distributor-retailer; or a participation agreement entered into by a distributor-retailer or a local government or made by the Minister is amended.\n(sec.30A-ssec.2) The distributor-retailer or local government must, within 30 days after the agreement is entered into or the amendment takes effect, publish on its website— a copy of the participation agreement or amendment; and a brief summary of the agreement, or the agreement as amended, that complies with subsection (3) . Maximum penalty—200 penalty units.\n(sec.30A-ssec.3) As a minimum, the summary must refer to each of the matters mentioned in section 20 (1) .\n- (a) a distributor-retailer or local government enters into a participation agreement; or\n- (b) the Minister makes a participation agreement for a distributor-retailer; or\n- (c) a participation agreement entered into by a distributor-retailer or a local government or made by the Minister is amended.\n- (a) a copy of the participation agreement or amendment; and\n- (b) a brief summary of the agreement, or the agreement as amended, that complies with subsection (3) .","sortOrder":43},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Boards of distributor-retailers","content":"# Boards of distributor-retailers","sortOrder":44},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Establishment, membership and related matters","content":"## Establishment, membership and related matters","sortOrder":45},{"sectionNumber":"sec.31","sectionType":"section","heading":"Requirement to have board","content":"### sec.31 Requirement to have board\n\nEach distributor-retailer must have a board.","sortOrder":46},{"sectionNumber":"sec.32","sectionType":"section","heading":"Role of boards","content":"### sec.32 Role of boards\n\nThe board is responsible for the way the distributor-retailer performs its functions and exercises its powers.\nThe board’s role includes—\ndeciding the strategies and the operational, administrative and financial policies to be followed by the distributor-retailer; and\nensuring the distributor-retailer performs its functions and exercises its powers in a proper, effective and efficient way; and\nensuring, so far as practicable, the distributor-retailer complies with its planning and reporting requirements.\n(sec.32-ssec.1) The board is responsible for the way the distributor-retailer performs its functions and exercises its powers.\n(sec.32-ssec.2) The board’s role includes— deciding the strategies and the operational, administrative and financial policies to be followed by the distributor-retailer; and ensuring the distributor-retailer performs its functions and exercises its powers in a proper, effective and efficient way; and ensuring, so far as practicable, the distributor-retailer complies with its planning and reporting requirements.\n- (a) deciding the strategies and the operational, administrative and financial policies to be followed by the distributor-retailer; and\n- (b) ensuring the distributor-retailer performs its functions and exercises its powers in a proper, effective and efficient way; and\n- (c) ensuring, so far as practicable, the distributor-retailer complies with its planning and reporting requirements.","sortOrder":47},{"sectionNumber":"sec.33","sectionType":"section","heading":"Membership in general","content":"### sec.33 Membership in general\n\nA board is to consist of at least 5 members but can not consist of—\nmore than the following number of councillor-members—\nif the distributor-retailer has more than 3 participating local governments—1 for each participating local government;\notherwise—3; and\nmore councillor-members than independent members.\nThe members must be appointed under this division by the distributor-retailer’s participants.\nIn this section—\ncouncillor-member means a member of the board who is a councillor of a participating local government for the distributor-retailer.\nindependent member means a member of the board who is not a councillor-member.\ns 33 sub 2012 No. 1 s 12 ; 2014 No. 16 s 46\n(sec.33-ssec.1) A board is to consist of at least 5 members but can not consist of— more than the following number of councillor-members— if the distributor-retailer has more than 3 participating local governments—1 for each participating local government; otherwise—3; and more councillor-members than independent members.\n(sec.33-ssec.2) The members must be appointed under this division by the distributor-retailer’s participants.\n(sec.33-ssec.3) In this section— councillor-member means a member of the board who is a councillor of a participating local government for the distributor-retailer. independent member means a member of the board who is not a councillor-member.\n- (a) more than the following number of councillor-members— (i) if the distributor-retailer has more than 3 participating local governments—1 for each participating local government; (ii) otherwise—3; and\n- (i) if the distributor-retailer has more than 3 participating local governments—1 for each participating local government;\n- (ii) otherwise—3; and\n- (b) more councillor-members than independent members.\n- (i) if the distributor-retailer has more than 3 participating local governments—1 for each participating local government;\n- (ii) otherwise—3; and","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Councillor-members","content":"### sec.34 Councillor-members\n\nUnless the participation agreement provides otherwise, a board’s councillor-members can not be—\nappointed for a term of more than 4 years; or\nappointed or reappointed if, at any time, they have already served a term of 4 years or terms totalling 4 years.\nA is a councillor-member appointed for a 4-year term. A ceases to be a councillor of the relevant council after 3 of those years. B, another councillor of the council, is appointed to replace A for the rest of that term. B is re-elected as a councillor of the council. The participation agreement does not provide for more than a 4-year term for councillor-members. Therefore, B can only be reappointed for 3 more years.\nA councillor-member’s appointment ends if—\nthe person stops being a councillor of the relevant council; or\neither—\nall participating local governments have, by resolution, so agreed; or\nthe ending happens under the participation agreement.\nA vacancy under subsection (2) may be filled—\nonly by—\na councillor of the relevant council; or\nif the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and\nin the way provided for under the participation agreement.\nA councillor-member’s appointment is suspended during any period of suspension of the person as a councillor of the relevant council.\ns 34 sub 2012 No. 1 s 12\n(sec.34-ssec.1) Unless the participation agreement provides otherwise, a board’s councillor-members can not be— appointed for a term of more than 4 years; or appointed or reappointed if, at any time, they have already served a term of 4 years or terms totalling 4 years. A is a councillor-member appointed for a 4-year term. A ceases to be a councillor of the relevant council after 3 of those years. B, another councillor of the council, is appointed to replace A for the rest of that term. B is re-elected as a councillor of the council. The participation agreement does not provide for more than a 4-year term for councillor-members. Therefore, B can only be reappointed for 3 more years.\n(sec.34-ssec.2) A councillor-member’s appointment ends if— the person stops being a councillor of the relevant council; or either— all participating local governments have, by resolution, so agreed; or the ending happens under the participation agreement.\n(sec.34-ssec.3) A vacancy under subsection (2) may be filled— only by— a councillor of the relevant council; or if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and in the way provided for under the participation agreement.\n(sec.34-ssec.4) A councillor-member’s appointment is suspended during any period of suspension of the person as a councillor of the relevant council.\n- (a) appointed for a term of more than 4 years; or\n- (b) appointed or reappointed if, at any time, they have already served a term of 4 years or terms totalling 4 years. Example— A is a councillor-member appointed for a 4-year term. A ceases to be a councillor of the relevant council after 3 of those years. B, another councillor of the council, is appointed to replace A for the rest of that term. B is re-elected as a councillor of the council. The participation agreement does not provide for more than a 4-year term for councillor-members. Therefore, B can only be reappointed for 3 more years.\n- (a) the person stops being a councillor of the relevant council; or\n- (b) either— (i) all participating local governments have, by resolution, so agreed; or (ii) the ending happens under the participation agreement.\n- (i) all participating local governments have, by resolution, so agreed; or\n- (ii) the ending happens under the participation agreement.\n- (i) all participating local governments have, by resolution, so agreed; or\n- (ii) the ending happens under the participation agreement.\n- (a) only by— (i) a councillor of the relevant council; or (ii) if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and\n- (i) a councillor of the relevant council; or\n- (ii) if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and\n- (b) in the way provided for under the participation agreement.\n- (i) a councillor of the relevant council; or\n- (ii) if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and","sortOrder":49},{"sectionNumber":"sec.35","sectionType":"section","heading":"Independent members","content":"### sec.35 Independent members\n\nThe matters to which regard must be had in considering whether to appoint a person as an independent member include the person’s previous experience and ability to—\ncontribute to the carrying out of the board’s role under section 32 ; and\ncontribute to the strategic oversight of the distributor-retailer’s functions; and\nbring an independent judgment to bear on the board’s decision-making.\nAn independent member—\nholds office for the term stated in the person’s appointment; and\nis, if not disqualified, eligible for reappointment.\nA person’s appointment as an independent member ends if the person becomes disqualified.\nIn this section—\ndisqualified means unable to be appointed because of section 36 .\ns 35 sub 2012 No. 1 s 12\n(sec.35-ssec.1) The matters to which regard must be had in considering whether to appoint a person as an independent member include the person’s previous experience and ability to— contribute to the carrying out of the board’s role under section 32 ; and contribute to the strategic oversight of the distributor-retailer’s functions; and bring an independent judgment to bear on the board’s decision-making.\n(sec.35-ssec.2) An independent member— holds office for the term stated in the person’s appointment; and is, if not disqualified, eligible for reappointment.\n(sec.35-ssec.3) A person’s appointment as an independent member ends if the person becomes disqualified.\n(sec.35-ssec.4) In this section— disqualified means unable to be appointed because of section 36 .\n- (a) contribute to the carrying out of the board’s role under section 32 ; and\n- (b) contribute to the strategic oversight of the distributor-retailer’s functions; and\n- (c) bring an independent judgment to bear on the board’s decision-making.\n- (a) holds office for the term stated in the person’s appointment; and\n- (b) is, if not disqualified, eligible for reappointment.","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Disqualifications for independent member","content":"### sec.36 Disqualifications for independent member\n\nA person can not be appointed as an independent member if the person—\nis a public service employee; or\nis an employee of any local government in the SEQ region; or\nis an insolvent under administration; or\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis a member of a board of—\nanother distributor-retailer; or\nthe Queensland Bulk Water Supply Authority established under the 2007 restructuring Act .\ns 36 sub 2012 No. 1 s 12\namd 2012 No. 39 s 6\n- (a) is a public service employee; or\n- (b) is an employee of any local government in the SEQ region; or\n- (c) is an insolvent under administration; or\n- (d) has a conviction, other than a spent conviction, for an indictable offence; or\n- (e) is a member of a board of— (i) another distributor-retailer; or (ii) the Queensland Bulk Water Supply Authority established under the 2007 restructuring Act .\n- (i) another distributor-retailer; or\n- (ii) the Queensland Bulk Water Supply Authority established under the 2007 restructuring Act .\n- (i) another distributor-retailer; or\n- (ii) the Queensland Bulk Water Supply Authority established under the 2007 restructuring Act .","sortOrder":51},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Terms of membership","content":"### sec.36A Terms of membership\n\nA board member holds office on the terms of appointment provided for under a participation agreement of the distributor-retailer, and subject to this Act.\nA councillor-member can not receive, and the distributor-retailer can not confer, a benefit on a councillor-member—\nby way of remuneration as the holder of that office; or\nin connection with retirement from or other ending of the office.\nHowever, the councillor-member may receive a benefit conferred on the member under LGA 2009 or CBA 2010 .\nFor applying CBA 2010 under subsection (3) , the relevant provisions of those Acts apply as if a reference to a corporate entity of the relevant council included a reference to a distributor-retailer.\nFor LGA 2009 , see the Local Government (Operations) Regulation 2010 , section 43 .\nAn independent member may receive from a distributor-retailer, and a distributor-retailer may confer on an independent member, a benefit for the following only if it complies with the participation agreement—\nremuneration as the holder of that office;\na matter for, or in connection with, retirement from or other ending of the office.\nA purported benefit conferred or received that can not be made under this section is of no effect.\nIn this section—\nbenefit means a payment made or an interest in property or other valuable consideration or benefit given or transferred.\ns 36A ins 2012 No. 1 s 12\n(sec.36A-ssec.1) A board member holds office on the terms of appointment provided for under a participation agreement of the distributor-retailer, and subject to this Act.\n(sec.36A-ssec.2) A councillor-member can not receive, and the distributor-retailer can not confer, a benefit on a councillor-member— by way of remuneration as the holder of that office; or in connection with retirement from or other ending of the office.\n(sec.36A-ssec.3) However, the councillor-member may receive a benefit conferred on the member under LGA 2009 or CBA 2010 .\n(sec.36A-ssec.4) For applying CBA 2010 under subsection (3) , the relevant provisions of those Acts apply as if a reference to a corporate entity of the relevant council included a reference to a distributor-retailer. For LGA 2009 , see the Local Government (Operations) Regulation 2010 , section 43 .\n(sec.36A-ssec.5) An independent member may receive from a distributor-retailer, and a distributor-retailer may confer on an independent member, a benefit for the following only if it complies with the participation agreement— remuneration as the holder of that office; a matter for, or in connection with, retirement from or other ending of the office.\n(sec.36A-ssec.6) A purported benefit conferred or received that can not be made under this section is of no effect.\n(sec.36A-ssec.7) In this section— benefit means a payment made or an interest in property or other valuable consideration or benefit given or transferred.\n- (a) by way of remuneration as the holder of that office; or\n- (b) in connection with retirement from or other ending of the office.\n- (a) remuneration as the holder of that office;\n- (b) a matter for, or in connection with, retirement from or other ending of the office.","sortOrder":52},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Chairperson","content":"### sec.36B Chairperson\n\nA distributor-retailer must have an independent member as its chairperson.\nThe chairperson must be—\nappointed in the way provided for under the distributor-retailer’s participation agreement; or\nif the participation agreement does not provide for how the appointment takes place—elected by the board.\ns 36B ins 2012 No. 1 s 12\n(sec.36B-ssec.1) A distributor-retailer must have an independent member as its chairperson.\n(sec.36B-ssec.2) The chairperson must be— appointed in the way provided for under the distributor-retailer’s participation agreement; or if the participation agreement does not provide for how the appointment takes place—elected by the board.\n- (a) appointed in the way provided for under the distributor-retailer’s participation agreement; or\n- (b) if the participation agreement does not provide for how the appointment takes place—elected by the board.","sortOrder":53},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Business","content":"## Business","sortOrder":54},{"sectionNumber":"sec.37","sectionType":"section","heading":"Conduct of business","content":"### sec.37 Conduct of business\n\nSubject to this division, a board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":55},{"sectionNumber":"sec.38","sectionType":"section","heading":"Time and place of meetings","content":"### sec.38 Time and place of meetings\n\nBoard meetings are to be held at the times and places the board decides.\nThe chairperson of a board may at any time call a meeting of the board.\nThe chairperson of a board must call a meeting of the board if asked in writing to do so by at least 2 members of the board.\n(sec.38-ssec.1) Board meetings are to be held at the times and places the board decides.\n(sec.38-ssec.2) The chairperson of a board may at any time call a meeting of the board.\n(sec.38-ssec.3) The chairperson of a board must call a meeting of the board if asked in writing to do so by at least 2 members of the board.","sortOrder":56},{"sectionNumber":"sec.39","sectionType":"section","heading":"Presiding at meetings","content":"### sec.39 Presiding at meetings\n\nThe chairperson of a board is to preside at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent from a board meeting, including because of a vacancy in the office, a member chosen by the members present is to preside at the meeting.\n(sec.39-ssec.1) The chairperson of a board is to preside at all meetings of the board at which the chairperson is present.\n(sec.39-ssec.2) If the chairperson is absent from a board meeting, including because of a vacancy in the office, a member chosen by the members present is to preside at the meeting.","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":"Conduct of meetings","content":"### sec.40 Conduct of meetings\n\nA quorum of a board must consist of at least 1 independent member.\nA question at a board meeting is decided by a majority of the votes of the members present when the question is decided.\nEach member present at the meeting has a vote on each question to be decided and if the votes are equal the member presiding also has a casting vote.\nA board may hold meetings or allow members to take part in its meetings by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\nA member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by a board even if it is not passed at a board meeting, if—\nnotice of the resolution is given under procedures approved by the board; and\na majority of the board members give written agreement to the resolution.\ns 40 amd 2012 No. 1 s 13\n(sec.40-ssec.1) A quorum of a board must consist of at least 1 independent member.\n(sec.40-ssec.2) A question at a board meeting is decided by a majority of the votes of the members present when the question is decided.\n(sec.40-ssec.3) Each member present at the meeting has a vote on each question to be decided and if the votes are equal the member presiding also has a casting vote.\n(sec.40-ssec.4) A board may hold meetings or allow members to take part in its meetings by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n(sec.40-ssec.5) A member who takes part in a meeting under subsection (4) is taken to be present at the meeting.\n(sec.40-ssec.6) A resolution is validly made by a board even if it is not passed at a board meeting, if— notice of the resolution is given under procedures approved by the board; and a majority of the board members give written agreement to the resolution.\n- (a) notice of the resolution is given under procedures approved by the board; and\n- (b) a majority of the board members give written agreement to the resolution.","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Minutes","content":"### sec.41 Minutes\n\nA board must keep minutes of its meetings.\nA board must keep a record of any resolutions made under section 40 (6) .\n(sec.41-ssec.1) A board must keep minutes of its meetings.\n(sec.41-ssec.2) A board must keep a record of any resolutions made under section 40 (6) .","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"Disclosure of interests","content":"### sec.42 Disclosure of interests\n\nThis section applies to a member of a board (the interested member ) if—\nthe member has an interest in an issue being considered or about to be considered by the board; and\nthe interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\nAfter the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.\nUnless the board otherwise directs, the interested member must not—\nbe present when the board considers the issue; or\ntake part in a decision of the board about the issue.\nThe interested member must not be present when the board is considering whether to give a direction under subsection (3) .\nIf there is another person who must under subsection (2) also disclose an interest in the issue, the other person must not—\nbe present when the board is considering whether to give a direction under subsection (3) about the interested member; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section a board member is not present at a board meeting for considering or deciding an issue or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present;\nthe remaining members present are a quorum of the board for considering or deciding the issue or for considering or deciding whether to give the direction at the meeting.\nIf there are no members who may remain present for considering or deciding an issue, the distributor-retailer’s participants may, by each signing consent to a proposed resolution, consider and decide the issue.\nA disclosure under subsection (2) must be recorded in the board’s minutes.\nTo remove any doubt, it is declared that the fact that a relevant council has an interest in an issue does not, of itself, mean that the councillor-member for the council has an interest in the issue.\ns 42 amd 2012 No. 1 s 14\n(sec.42-ssec.1) This section applies to a member of a board (the interested member ) if— the member has an interest in an issue being considered or about to be considered by the board; and the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\n(sec.42-ssec.2) After the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.\n(sec.42-ssec.3) Unless the board otherwise directs, the interested member must not— be present when the board considers the issue; or take part in a decision of the board about the issue.\n(sec.42-ssec.4) The interested member must not be present when the board is considering whether to give a direction under subsection (3) .\n(sec.42-ssec.5) If there is another person who must under subsection (2) also disclose an interest in the issue, the other person must not— be present when the board is considering whether to give a direction under subsection (3) about the interested member; or take part in making the decision about giving the direction.\n(sec.42-ssec.6) If— because of this section a board member is not present at a board meeting for considering or deciding an issue or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the issue or for considering or deciding whether to give the direction at the meeting.\n(sec.42-ssec.7) If there are no members who may remain present for considering or deciding an issue, the distributor-retailer’s participants may, by each signing consent to a proposed resolution, consider and decide the issue.\n(sec.42-ssec.8) A disclosure under subsection (2) must be recorded in the board’s minutes.\n(sec.42-ssec.9) To remove any doubt, it is declared that the fact that a relevant council has an interest in an issue does not, of itself, mean that the councillor-member for the council has an interest in the issue.\n- (a) the member has an interest in an issue being considered or about to be considered by the board; and\n- (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\n- (a) be present when the board considers the issue; or\n- (b) take part in a decision of the board about the issue.\n- (a) be present when the board is considering whether to give a direction under subsection (3) about the interested member; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section a board member is not present at a board meeting for considering or deciding an issue or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present;","sortOrder":60},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Financial management","content":"## Financial management","sortOrder":61},{"sectionNumber":"sec.43","sectionType":"section","heading":"Approval required for profit distribution","content":"### sec.43 Approval required for profit distribution\n\nA distributor-retailer must not distribute any of its profits unless the distribution has been approved in the way provided for under its participation agreement.","sortOrder":62},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Chief executive officer","content":"# Chief executive officer","sortOrder":63},{"sectionNumber":"sec.44","sectionType":"section","heading":"Appointment of chief executive officer","content":"### sec.44 Appointment of chief executive officer\n\nEach distributor-retailer must have a chief executive officer.\nThe chief executive officer is to be appointed by the board.\nThe chief executive officer is an employee of the distributor-retailer.\n(sec.44-ssec.1) Each distributor-retailer must have a chief executive officer.\n(sec.44-ssec.2) The chief executive officer is to be appointed by the board.\n(sec.44-ssec.3) The chief executive officer is an employee of the distributor-retailer.","sortOrder":64},{"sectionNumber":"sec.45","sectionType":"section","heading":"Term of appointment","content":"### sec.45 Term of appointment\n\nSubject to this section, the chief executive officer holds office for the term stated in his or her contract of employment.\nIf otherwise qualified, the chief executive officer is eligible for reappointment.\nThe board may at any time end the appointment for any reason or none.\nThe ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.\nThe chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.\nThe chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.\nIn this section—\nrequired period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.\n(sec.45-ssec.1) Subject to this section, the chief executive officer holds office for the term stated in his or her contract of employment.\n(sec.45-ssec.2) If otherwise qualified, the chief executive officer is eligible for reappointment.\n(sec.45-ssec.3) The board may at any time end the appointment for any reason or none.\n(sec.45-ssec.4) The ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.\n(sec.45-ssec.5) The chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.\n(sec.45-ssec.6) The chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.\n(sec.45-ssec.7) In this section— required period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.","sortOrder":65},{"sectionNumber":"sec.46","sectionType":"section","heading":"Conditions of appointment","content":"### sec.46 Conditions of appointment\n\nFor matters not provided for under this Act or stated in the contract of employment, the chief executive officer holds office on the terms of appointment decided by the board.","sortOrder":66},{"sectionNumber":"sec.47","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.47 Qualifications for appointment\n\nA person can not be appointed or continue in office as the chief executive officer if the person—\nis an insolvent under administration; or\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis not able to manage a corporation because of the Corporations Act , part 2D .6; or\nis named in the register held by ASIC under the Corporations Act , section 1274AA .\n- (a) is an insolvent under administration; or\n- (b) has a conviction, other than a spent conviction, for an indictable offence; or\n- (c) is not able to manage a corporation because of the Corporations Act , part 2D .6; or\n- (d) is named in the register held by ASIC under the Corporations Act , section 1274AA .","sortOrder":67},{"sectionNumber":"sec.48","sectionType":"section","heading":"Chief executive officer’s responsibilities","content":"### sec.48 Chief executive officer’s responsibilities\n\nA distributor-retailer’s chief executive officer is—\nresponsible for managing its affairs under this Act, other relevant legislation and the board’s policies; and\nfor the following provision or Acts, taken to be its principal officer—\nthe Evidence Act 1977 , section 134A\nthe Right to Information Act 2009\nthe Information Privacy Act 2009 .\nHowever, performance of the responsibility under subsection (1) (a) is subject to the board’s directions.\ns 48 sub 2010 No. 53 s 141\n(sec.48-ssec.1) A distributor-retailer’s chief executive officer is— responsible for managing its affairs under this Act, other relevant legislation and the board’s policies; and for the following provision or Acts, taken to be its principal officer— the Evidence Act 1977 , section 134A the Right to Information Act 2009 the Information Privacy Act 2009 .\n(sec.48-ssec.2) However, performance of the responsibility under subsection (1) (a) is subject to the board’s directions.\n- (a) responsible for managing its affairs under this Act, other relevant legislation and the board’s policies; and\n- (b) for the following provision or Acts, taken to be its principal officer— • the Evidence Act 1977 , section 134A • the Right to Information Act 2009 • the Information Privacy Act 2009 .\n- • the Evidence Act 1977 , section 134A\n- • the Right to Information Act 2009\n- • the Information Privacy Act 2009 .\n- • the Evidence Act 1977 , section 134A\n- • the Right to Information Act 2009\n- • the Information Privacy Act 2009 .","sortOrder":68},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Reserve powers of participating local governments","content":"# Reserve powers of participating local governments","sortOrder":69},{"sectionNumber":"sec.49","sectionType":"section","heading":"Group directions","content":"### sec.49 Group directions\n\nA distributor-retailer’s participating local governments may give it a written direction (a group direction ) about the way the distributor-retailer is to perform its functions.\nHowever, the direction may be given only if—\nit has been decided to be given by—\nall of the local governments; or\nthe type of majority of them (the required majority ) required under the distributor-retailer’s participation agreement; and\nall of the local governments or the required majority—\nare satisfied the direction is necessary and in the public interest of the distributor-retailer’s geographic area; and\nhave asked the board to advise all of the local governments whether, in the board’s opinion, complying with the direction is consistent with the performance of the distributor-retailer’s functions.\ns 49 amd 2012 No. 1 s 15\n(sec.49-ssec.1) A distributor-retailer’s participating local governments may give it a written direction (a group direction ) about the way the distributor-retailer is to perform its functions.\n(sec.49-ssec.2) However, the direction may be given only if— it has been decided to be given by— all of the local governments; or the type of majority of them (the required majority ) required under the distributor-retailer’s participation agreement; and all of the local governments or the required majority— are satisfied the direction is necessary and in the public interest of the distributor-retailer’s geographic area; and have asked the board to advise all of the local governments whether, in the board’s opinion, complying with the direction is consistent with the performance of the distributor-retailer’s functions.\n- (a) it has been decided to be given by— (i) all of the local governments; or (ii) the type of majority of them (the required majority ) required under the distributor-retailer’s participation agreement; and\n- (i) all of the local governments; or\n- (ii) the type of majority of them (the required majority ) required under the distributor-retailer’s participation agreement; and\n- (b) all of the local governments or the required majority— (i) are satisfied the direction is necessary and in the public interest of the distributor-retailer’s geographic area; and (ii) have asked the board to advise all of the local governments whether, in the board’s opinion, complying with the direction is consistent with the performance of the distributor-retailer’s functions.\n- (i) are satisfied the direction is necessary and in the public interest of the distributor-retailer’s geographic area; and\n- (ii) have asked the board to advise all of the local governments whether, in the board’s opinion, complying with the direction is consistent with the performance of the distributor-retailer’s functions.\n- (i) all of the local governments; or\n- (ii) the type of majority of them (the required majority ) required under the distributor-retailer’s participation agreement; and\n- (i) are satisfied the direction is necessary and in the public interest of the distributor-retailer’s geographic area; and\n- (ii) have asked the board to advise all of the local governments whether, in the board’s opinion, complying with the direction is consistent with the performance of the distributor-retailer’s functions.","sortOrder":70},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Individual directions","content":"### sec.49A Individual directions\n\nThis section applies for any participating local government (the council ) of a distributor-retailer.\nThe council may give the distributor-retailer a written direction (an individual direction ) about the way the distributor-retailer is to perform its functions relating to the council’s local government area about any of the following—\ncharges mentioned in section 99BOB (b) and (c) ;\nthe distributor-retailer’s annual capital works program under section 100B .\nHowever, the council may give the direction only if—\nit is satisfied the direction is necessary and in the public interest to the extent it relates to the local government area; and\nit has given the board and other participating local governments of the distributor-retailer a notice—\nstating the proposed direction; and\nasking the board for its written opinion about the direction within the required period; and\nit has considered any written opinion of the board given to it within the required period; and\nits compensation liability because of the effects of the direction has been agreed or decided under section 99BZD .\nThe opinion may include an amount claimed for, or particulars of, the compensation liability for the distributor-retailer or all or any of its other participating local governments.\nIn this section—\nrequired period means the following period after the giving of the notice—\ngenerally—1 month;\nif the distributor-retailer’s participation agreement provides for another period for giving the opinion—the other period.\ns 49A ins 2012 No. 1 s 16\namd 2012 No. 39 s 7 ; 2014 No. 16 s 101 sch 1 ; 2014 No. 36 s 56 sch 1\n(sec.49A-ssec.1) This section applies for any participating local government (the council ) of a distributor-retailer.\n(sec.49A-ssec.2) The council may give the distributor-retailer a written direction (an individual direction ) about the way the distributor-retailer is to perform its functions relating to the council’s local government area about any of the following— charges mentioned in section 99BOB (b) and (c) ; the distributor-retailer’s annual capital works program under section 100B .\n(sec.49A-ssec.3) However, the council may give the direction only if— it is satisfied the direction is necessary and in the public interest to the extent it relates to the local government area; and it has given the board and other participating local governments of the distributor-retailer a notice— stating the proposed direction; and asking the board for its written opinion about the direction within the required period; and it has considered any written opinion of the board given to it within the required period; and its compensation liability because of the effects of the direction has been agreed or decided under section 99BZD .\n(sec.49A-ssec.4) The opinion may include an amount claimed for, or particulars of, the compensation liability for the distributor-retailer or all or any of its other participating local governments.\n(sec.49A-ssec.5) In this section— required period means the following period after the giving of the notice— generally—1 month; if the distributor-retailer’s participation agreement provides for another period for giving the opinion—the other period.\n- (a) charges mentioned in section 99BOB (b) and (c) ;\n- (b) the distributor-retailer’s annual capital works program under section 100B .\n- (a) it is satisfied the direction is necessary and in the public interest to the extent it relates to the local government area; and\n- (b) it has given the board and other participating local governments of the distributor-retailer a notice— (i) stating the proposed direction; and (ii) asking the board for its written opinion about the direction within the required period; and\n- (i) stating the proposed direction; and\n- (ii) asking the board for its written opinion about the direction within the required period; and\n- (c) it has considered any written opinion of the board given to it within the required period; and\n- (d) its compensation liability because of the effects of the direction has been agreed or decided under section 99BZD .\n- (i) stating the proposed direction; and\n- (ii) asking the board for its written opinion about the direction within the required period; and\n- (a) generally—1 month;\n- (b) if the distributor-retailer’s participation agreement provides for another period for giving the opinion—the other period.","sortOrder":71},{"sectionNumber":"sec.50","sectionType":"section","heading":"Publication of directions","content":"### sec.50 Publication of directions\n\nThe participating local governments that give a group direction, or the participating local government that gives an individual direction, must within 21 days after the direction is given ensure a copy of the direction is given to the Minister and is—\npublished on the local government’s website; or\nkept available for inspection by the public—\nat the public offices of the local government; or\non a notice board maintained by the local government in its local government area.\nAlso, each participating local government that gives the direction must ensure—\nif a copy of the direction is published on a website under subsection (1) (a) , the copy is not removed from the website while the direction is in effect; or\nif a copy of the direction is kept available for inspection by the public under subsection (1) (b) , the copy remains available for inspection by the public while the direction is in effect.\ns 50 amd 2012 No. 1 s 17 ; 2023 No. 24 s 4\n(sec.50-ssec.1) The participating local governments that give a group direction, or the participating local government that gives an individual direction, must within 21 days after the direction is given ensure a copy of the direction is given to the Minister and is— published on the local government’s website; or kept available for inspection by the public— at the public offices of the local government; or on a notice board maintained by the local government in its local government area.\n(sec.50-ssec.2) Also, each participating local government that gives the direction must ensure— if a copy of the direction is published on a website under subsection (1) (a) , the copy is not removed from the website while the direction is in effect; or if a copy of the direction is kept available for inspection by the public under subsection (1) (b) , the copy remains available for inspection by the public while the direction is in effect.\n- (a) published on the local government’s website; or\n- (b) kept available for inspection by the public— (i) at the public offices of the local government; or (ii) on a notice board maintained by the local government in its local government area.\n- (i) at the public offices of the local government; or\n- (ii) on a notice board maintained by the local government in its local government area.\n- (i) at the public offices of the local government; or\n- (ii) on a notice board maintained by the local government in its local government area.\n- (a) if a copy of the direction is published on a website under subsection (1) (a) , the copy is not removed from the website while the direction is in effect; or\n- (b) if a copy of the direction is kept available for inspection by the public under subsection (1) (b) , the copy remains available for inspection by the public while the direction is in effect.","sortOrder":72},{"sectionNumber":"sec.51","sectionType":"section","heading":"Compliance with directions","content":"### sec.51 Compliance with directions\n\nThis section applies if a distributor-retailer is given a group direction or an individual direction.\nThe board must take reasonable steps to ensure the direction is complied with unless it is unlawful to do so, or complying with the direction in the way directed would constitute an offence against this Act or another Act.\nRegard must be had to the direction in deciding, for this Act or any other relevant law, whether or not a board member has exercised an appropriate degree of care and diligence in discharging the member’s duties.\ns 51 sub 2012 No. 1 s 18\n(sec.51-ssec.1) This section applies if a distributor-retailer is given a group direction or an individual direction.\n(sec.51-ssec.2) The board must take reasonable steps to ensure the direction is complied with unless it is unlawful to do so, or complying with the direction in the way directed would constitute an offence against this Act or another Act.\n(sec.51-ssec.3) Regard must be had to the direction in deciding, for this Act or any other relevant law, whether or not a board member has exercised an appropriate degree of care and diligence in discharging the member’s duties.","sortOrder":73},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":74},{"sectionNumber":"sec.52","sectionType":"section","heading":"Authentication of documents","content":"### sec.52 Authentication of documents\n\nA document made by a distributor-retailer is sufficiently made if it is signed by—\nits chief executive officer; or\nthe chairperson of its board; or\nanother person authorised by its board.\n- (a) its chief executive officer; or\n- (b) the chairperson of its board; or\n- (c) another person authorised by its board.","sortOrder":75},{"sectionNumber":"sec.52A","sectionType":"section","heading":"Relationship between councillor-member functions and councillor functions","content":"### sec.52A Relationship between councillor-member functions and councillor functions\n\nWhile a councillor-member is acting in the person’s capacity as a councillor-member, the member’s responsibilities as a councillor under LGA 2009 or CBA 2010 do not apply.\ns 52A ins 2012 No. 1 s 19","sortOrder":76},{"sectionNumber":"sec.53","sectionType":"section","heading":"Delegation","content":"### sec.53 Delegation\n\nA distributor-retailer may delegate any of its functions to a member of its board, its chief executive officer or any of its appropriately qualified employees.\nHowever, a function can not be delegated under subsection (1) to a person to whom a circumstance mentioned in section 47 applies.\nA board may delegate any of its functions to—\na committee of members of the board; or\nthe distributor-retailer’s chief executive officer.\nThe chief executive officer of a distributor-retailer may delegate his or her functions, including a function delegated to the chief executive officer, to an appropriately qualified employee of the distributor-retailer.\nFor general laws about delegation, see the Acts Interpretation Act 1954 , section 27A .\nWithout limiting subsection (1) , a distributor-retailer may delegate the following functions to its relevant participating local government—\nfunctions under chapter 2C relating to the appointment of water connection officers;\nfunctions under chapter 4C ;\nfunctions as a referral agency for a particular development application.\nA relevant participating local government may subdelegate a function delegated to it under subsection (5) to an appropriately qualified officer or employee of the local government.\nWithout limiting subsection (4) , the chief executive officer of a distributor-retailer may delegate his or her functions under sections 99BRBB , 99BRBC and 99BRBD to a relevant participating local government of the distributor-retailer.\nA delegation of a chief executive’s power to a participating local government may permit the subdelegation of the power to an appropriately qualified person.\nIn this section—\nbuilding work see the Building Act 1975 , section 5 .\nparticular development application , for a distributor-retailer, means a development application for carrying out building work for a building or structure on a lot that contains, or is adjacent to a lot that contains, the distributor-retailer’s infrastructure.\nreferral agency , for a development application, means a referral agency for the application under the Planning Act .\ns 53 def referral agency sub 2019 No. 11 s 231 s ch 1 pt 1\nrelevant participating local government , for a function of a distributor-retailer, means the distributor-retailer’s participating local government for the local government area in relation to which the function is performed or exercised.\ns 53 amd 2010 No. 20 s 8 ; 2012 No. 1 ss 20 , 105 sch ; 2013 No. 23 s 195 ; 2013 No. 30 s 6 ; 2014 No. 16 s 4 ; 2016 No. 27 s 454\n(sec.53-ssec.1) A distributor-retailer may delegate any of its functions to a member of its board, its chief executive officer or any of its appropriately qualified employees.\n(sec.53-ssec.2) However, a function can not be delegated under subsection (1) to a person to whom a circumstance mentioned in section 47 applies.\n(sec.53-ssec.3) A board may delegate any of its functions to— a committee of members of the board; or the distributor-retailer’s chief executive officer.\n(sec.53-ssec.4) The chief executive officer of a distributor-retailer may delegate his or her functions, including a function delegated to the chief executive officer, to an appropriately qualified employee of the distributor-retailer. For general laws about delegation, see the Acts Interpretation Act 1954 , section 27A .\n(sec.53-ssec.5) Without limiting subsection (1) , a distributor-retailer may delegate the following functions to its relevant participating local government— functions under chapter 2C relating to the appointment of water connection officers; functions under chapter 4C ; functions as a referral agency for a particular development application.\n(sec.53-ssec.6) A relevant participating local government may subdelegate a function delegated to it under subsection (5) to an appropriately qualified officer or employee of the local government.\n(sec.53-ssec.7) Without limiting subsection (4) , the chief executive officer of a distributor-retailer may delegate his or her functions under sections 99BRBB , 99BRBC and 99BRBD to a relevant participating local government of the distributor-retailer.\n(sec.53-ssec.8) A delegation of a chief executive’s power to a participating local government may permit the subdelegation of the power to an appropriately qualified person.\n(sec.53-ssec.9) In this section— building work see the Building Act 1975 , section 5 . particular development application , for a distributor-retailer, means a development application for carrying out building work for a building or structure on a lot that contains, or is adjacent to a lot that contains, the distributor-retailer’s infrastructure. referral agency , for a development application, means a referral agency for the application under the Planning Act . s 53 def referral agency sub 2019 No. 11 s 231 s ch 1 pt 1 relevant participating local government , for a function of a distributor-retailer, means the distributor-retailer’s participating local government for the local government area in relation to which the function is performed or exercised.\n- (a) a committee of members of the board; or\n- (b) the distributor-retailer’s chief executive officer.\n- (a) functions under chapter 2C relating to the appointment of water connection officers;\n- (b) functions under chapter 4C ;\n- (c) functions as a referral agency for a particular development application.","sortOrder":77},{"sectionNumber":"ch.2A-pt.1","sectionType":"part","heading":"Provisions for distributor-retailers to become service providers","content":"# Provisions for distributor-retailers to become service providers","sortOrder":78},{"sectionNumber":"ch.2A-pt.1-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":79},{"sectionNumber":"sec.53AA","sectionType":"section","heading":"Distributor-retailers become service providers","content":"### sec.53AA Distributor-retailers become service providers\n\nOn and from 1 July 2010 all distributor-retailers become service providers for their geographic area functions.\nThe Water Supply Act , section 20 does not apply to a distributor-retailer.\nA distributor-retailer continues to be a service provider from 1 July 2010 and subject to the Water Supply Act .\nA distributor-retailer must give the regulator the information mentioned in the Water Supply Act , section 12 about the distributor-retailer as a service provider as soon as practicable after 1 July 2010.\ns 53AA ins 2010 No. 20 s 9\n(sec.53AA-ssec.1) On and from 1 July 2010 all distributor-retailers become service providers for their geographic area functions.\n(sec.53AA-ssec.2) The Water Supply Act , section 20 does not apply to a distributor-retailer.\n(sec.53AA-ssec.3) A distributor-retailer continues to be a service provider from 1 July 2010 and subject to the Water Supply Act .\n(sec.53AA-ssec.4) A distributor-retailer must give the regulator the information mentioned in the Water Supply Act , section 12 about the distributor-retailer as a service provider as soon as practicable after 1 July 2010.","sortOrder":80},{"sectionNumber":"sec.53AB","sectionType":"section","heading":"Participating local governments cease being service providers","content":"### sec.53AB Participating local governments cease being service providers\n\nOn 1 July 2010, each distributor-retailer’s participating local governments cease to be a service provider.\ns 53AB ins 2010 No. 20 s 9","sortOrder":81},{"sectionNumber":"sec.53AC","sectionType":"section","heading":"Notice to regulator not required for transfer under transition document","content":"### sec.53AC Notice to regulator not required for transfer under transition document\n\nThe Water Supply Act , sections 24 and 25 do not apply to a transfer under a transition document.\ns 53AC ins 2010 No. 20 s 9","sortOrder":82},{"sectionNumber":"sec.53AD","sectionType":"section","heading":"Existing customers","content":"### sec.53AD Existing customers\n\nThis section applies to a person who, immediately before 1 July 2010, was a customer of any of a distributor-retailer’s participating local governments.\nOn 1 July 2010 the person becomes a customer of the distributor-retailer.\ns 53AD ins 2010 No. 20 s 9\n(sec.53AD-ssec.1) This section applies to a person who, immediately before 1 July 2010, was a customer of any of a distributor-retailer’s participating local governments.\n(sec.53AD-ssec.2) On 1 July 2010 the person becomes a customer of the distributor-retailer.","sortOrder":83},{"sectionNumber":"sec.53AE","sectionType":"section","heading":null,"content":"### Section sec.53AE\n\ns 53AE ins 2010 No. 20 s 9\namd 2010 No. 53 s 142\nom 2012 No. 39 s 8","sortOrder":84},{"sectionNumber":"ch.2A-pt.1-div.2","sectionType":"division","heading":"Existing trade waste approvals","content":"## Existing trade waste approvals","sortOrder":85},{"sectionNumber":"sec.53AF","sectionType":"section","heading":"Existing trade waste approvals","content":"### sec.53AF Existing trade waste approvals\n\nOn and from July 2010 all trade waste approvals given by a distributor-retailer’s participating local governments are taken to have been given by the distributor-retailer.\nIf before 1 July 2010—\na local government was required under the Water Supply Act , section 185 (2) to give an approval holder a notice amending the holder’s trade waste approval; and\nthe local government has not given that notice;\nthe distributor must give the notice as soon as practicable after it becomes aware of the requirement.\ns 53AF ins 2010 No. 20 s 9\n(sec.53AF-ssec.1) On and from July 2010 all trade waste approvals given by a distributor-retailer’s participating local governments are taken to have been given by the distributor-retailer.\n(sec.53AF-ssec.2) If before 1 July 2010— a local government was required under the Water Supply Act , section 185 (2) to give an approval holder a notice amending the holder’s trade waste approval; and the local government has not given that notice; the distributor must give the notice as soon as practicable after it becomes aware of the requirement.\n- (a) a local government was required under the Water Supply Act , section 185 (2) to give an approval holder a notice amending the holder’s trade waste approval; and\n- (b) the local government has not given that notice;","sortOrder":86},{"sectionNumber":"sec.53AG","sectionType":"section","heading":"Power to amend existing trade waste approvals for particular purposes","content":"### sec.53AG Power to amend existing trade waste approvals for particular purposes\n\nThis section applies for a trade waste approval that under section 53AF (1) is taken to have been given by a distributor-retailer (each an existing trade waste approval ).\nSubject to section 53AH , the distributor-retailer may amend the trade waste approval to ensure the consistency of all trade waste approvals given for its geographic area (a consistency amendment ).\nHowever, a consistency amendment can not be made after 30 June 2012.\nThe distributor-retailer may, by notice, also amend the trade waste approval to make any change necessary to reflect the change from the approval being given by it instead of a participating local government.\ns 53AG ins 2010 No. 20 s 9\n(sec.53AG-ssec.1) This section applies for a trade waste approval that under section 53AF (1) is taken to have been given by a distributor-retailer (each an existing trade waste approval ).\n(sec.53AG-ssec.2) Subject to section 53AH , the distributor-retailer may amend the trade waste approval to ensure the consistency of all trade waste approvals given for its geographic area (a consistency amendment ).\n(sec.53AG-ssec.3) However, a consistency amendment can not be made after 30 June 2012.\n(sec.53AG-ssec.4) The distributor-retailer may, by notice, also amend the trade waste approval to make any change necessary to reflect the change from the approval being given by it instead of a participating local government.","sortOrder":87},{"sectionNumber":"sec.53AH","sectionType":"section","heading":"Requirements for making consistency amendment","content":"### sec.53AH Requirements for making consistency amendment\n\nBefore a distributor-retailer makes a consistency amendment of a trade waste approval, it must give the approval holder a show cause notice about the proposed amendment.\nIf, after considering any properly made submissions by the approval holder, the distributor-retailer is still satisfied the amendment should be made, it may make the amendment by notice to the approval holder.\nWithin 30 business days after making a decision under subsection (2) , the distributor-retailer must give the approval holder an information notice about the decision.\nIf, after considering any properly made submissions by the approval holder, the distributor-retailer is not satisfied the amendment should be made, it must give the approval holder a notice about the decision.\nA decision under subsection (2) , takes effect on the later of the following—\nthe day the information notice is received by the approval holder;\nthe day stated in the notice.\nIn this section—\nshow cause notice means a notice that complies with the Water Supply Act , section 463 .\ns 53AH ins 2010 No. 20 s 9\n(sec.53AH-ssec.1) Before a distributor-retailer makes a consistency amendment of a trade waste approval, it must give the approval holder a show cause notice about the proposed amendment.\n(sec.53AH-ssec.2) If, after considering any properly made submissions by the approval holder, the distributor-retailer is still satisfied the amendment should be made, it may make the amendment by notice to the approval holder.\n(sec.53AH-ssec.3) Within 30 business days after making a decision under subsection (2) , the distributor-retailer must give the approval holder an information notice about the decision.\n(sec.53AH-ssec.4) If, after considering any properly made submissions by the approval holder, the distributor-retailer is not satisfied the amendment should be made, it must give the approval holder a notice about the decision.\n(sec.53AH-ssec.5) A decision under subsection (2) , takes effect on the later of the following— the day the information notice is received by the approval holder; the day stated in the notice.\n(sec.53AH-ssec.6) In this section— show cause notice means a notice that complies with the Water Supply Act , section 463 .\n- (a) the day the information notice is received by the approval holder;\n- (b) the day stated in the notice.","sortOrder":88},{"sectionNumber":"ch.2A-pt.1-div.3","sectionType":"division","heading":"Provision of information","content":"## Provision of information","sortOrder":89},{"sectionNumber":"sec.53AI","sectionType":"section","heading":"Authorised exchange of information","content":"### sec.53AI Authorised exchange of information\n\nA distributor-retailer and its participating local governments may exchange information with each other if the exchange is necessary or desirable for the distributor-retailer to perform its geographic area functions.\nHowever, information can not be exchanged under subsection (1) after 1 July 2013.\nThis section is subject to the Information Privacy Act 2009 and the Right to Information Act 2009 .\ns 53AI ins 2010 No. 20 s 9\n(sec.53AI-ssec.1) A distributor-retailer and its participating local governments may exchange information with each other if the exchange is necessary or desirable for the distributor-retailer to perform its geographic area functions.\n(sec.53AI-ssec.2) However, information can not be exchanged under subsection (1) after 1 July 2013.\n(sec.53AI-ssec.3) This section is subject to the Information Privacy Act 2009 and the Right to Information Act 2009 .","sortOrder":90},{"sectionNumber":"ch.2A-pt.2","sectionType":"part","heading":"Application of particular Water Supply Act provisions to distributor-retailers","content":"# Application of particular Water Supply Act provisions to distributor-retailers","sortOrder":91},{"sectionNumber":"ch.2A-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":92},{"sectionNumber":"sec.53AJ","sectionType":"section","heading":"Purpose of pt 2","content":"### sec.53AJ Purpose of pt 2\n\nThe purpose of this part is to provide for matters about the application of particular provisions of the Water Supply Act in relation to the carrying on of a water service or wastewater service by a distributor-retailer after 1 July 2010.\ns 53AJ ins 2010 No. 20 s 9","sortOrder":93},{"sectionNumber":"sec.53AK","sectionType":"section","heading":"Application of pt 2","content":"### sec.53AK Application of pt 2\n\nThis part does not limit or otherwise affect the application of the Water Supply Act to a distributor-retailer other than to the extent stated in division 2 .\ns 53AK ins 2010 No. 20 s 9","sortOrder":94},{"sectionNumber":"ch.2A-pt.2-div.2","sectionType":"division","heading":"Application of provisions","content":"## Application of provisions","sortOrder":95},{"sectionNumber":"sec.53AL","sectionType":"section","heading":"Provision about plans under the Water Supply Act —generally","content":"### sec.53AL Provision about plans under the Water Supply Act —generally\n\nOn and from 1 July 2010, the following provisions of the Water Supply Act do not apply to a distributor-retailer—\nsections 106 to 109 , other than to the extent the sections provide for any matter about the distributor-retailer’s drinking water quality management plan under that Act;\nchapter 2 , part 4 , division 6 .\nThe following provisions of the Water Supply Act do not apply to a distributor-retailer that has a water netserv plan—\nchapter 2 , part 4 , divisions 1 and 2 ;\nchapter 2 , part 4 , division 4 , other than to the extent the division provides for any matter about the distributor-retailer’s drinking water quality management plan under that Act.\ns 53AL ins 2010 No. 20 s 9\n(sec.53AL-ssec.1) On and from 1 July 2010, the following provisions of the Water Supply Act do not apply to a distributor-retailer— sections 106 to 109 , other than to the extent the sections provide for any matter about the distributor-retailer’s drinking water quality management plan under that Act; chapter 2 , part 4 , division 6 .\n(sec.53AL-ssec.2) The following provisions of the Water Supply Act do not apply to a distributor-retailer that has a water netserv plan— chapter 2 , part 4 , divisions 1 and 2 ; chapter 2 , part 4 , division 4 , other than to the extent the division provides for any matter about the distributor-retailer’s drinking water quality management plan under that Act.\n- (a) sections 106 to 109 , other than to the extent the sections provide for any matter about the distributor-retailer’s drinking water quality management plan under that Act;\n- (b) chapter 2 , part 4 , division 6 .\n- (a) chapter 2 , part 4 , divisions 1 and 2 ;\n- (b) chapter 2 , part 4 , division 4 , other than to the extent the division provides for any matter about the distributor-retailer’s drinking water quality management plan under that Act.","sortOrder":96},{"sectionNumber":"sec.53AM","sectionType":"section","heading":"Provision about strategic asset management plan","content":"### sec.53AM Provision about strategic asset management plan\n\nThis section applies to a distributor-retailer—\non 1 July 2010; and\nuntil the day the distributor-retailer has a water netserv plan.\nFor the Water Supply Act , chapter 2 , part 4 , division 1 , the existing strategic asset management plans for the registered services of a participating local government for the distributor-retailer are taken to be the distributor-retailer’s approved strategic asset management plans.\nThe Water Supply Act , sections 73 and 74 do not apply to the distributor-retailer.\nIn this section—\napproved strategic asset management plan means an approved strategic asset management plan under the Water Supply Act .\nexisting strategic asset management plan , for a registered service of a participating local government, means an approved strategic asset management plan of the local government in effect immediately before 1 July 2010.\ns 53AM ins 2010 No. 20 s 9\n(sec.53AM-ssec.1) This section applies to a distributor-retailer— on 1 July 2010; and until the day the distributor-retailer has a water netserv plan.\n(sec.53AM-ssec.2) For the Water Supply Act , chapter 2 , part 4 , division 1 , the existing strategic asset management plans for the registered services of a participating local government for the distributor-retailer are taken to be the distributor-retailer’s approved strategic asset management plans.\n(sec.53AM-ssec.3) The Water Supply Act , sections 73 and 74 do not apply to the distributor-retailer.\n(sec.53AM-ssec.4) In this section— approved strategic asset management plan means an approved strategic asset management plan under the Water Supply Act . existing strategic asset management plan , for a registered service of a participating local government, means an approved strategic asset management plan of the local government in effect immediately before 1 July 2010.\n- (a) on 1 July 2010; and\n- (b) until the day the distributor-retailer has a water netserv plan.","sortOrder":97},{"sectionNumber":"sec.53AN","sectionType":"section","heading":"Provision about system leakage management plan","content":"### sec.53AN Provision about system leakage management plan\n\nThis section applies to a distributor-retailer—\non 1 July 2010; and\nuntil the day the distributor-retailer has a water netserv plan.\nFor the Water Supply Act , chapter 2 , part 4 , division 2 , the existing system leakage management plan for the water service of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved system leakage management plan.\nThe Water Supply Act , sections 82 and 87 do not apply to the distributor-retailer.\nIn this section—\napproved system leakage management plan means an approved system leakage management plan under the Water Supply Act .\nexisting system leakage management plan , for a water service of a participating local government, means the approved system leakage management plan of the local government in effect immediately before 1 July 2010.\ns 53AN ins 2010 No. 20 s 9\n(sec.53AN-ssec.1) This section applies to a distributor-retailer— on 1 July 2010; and until the day the distributor-retailer has a water netserv plan.\n(sec.53AN-ssec.2) For the Water Supply Act , chapter 2 , part 4 , division 2 , the existing system leakage management plan for the water service of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved system leakage management plan.\n(sec.53AN-ssec.3) The Water Supply Act , sections 82 and 87 do not apply to the distributor-retailer.\n(sec.53AN-ssec.4) In this section— approved system leakage management plan means an approved system leakage management plan under the Water Supply Act . existing system leakage management plan , for a water service of a participating local government, means the approved system leakage management plan of the local government in effect immediately before 1 July 2010.\n- (a) on 1 July 2010; and\n- (b) until the day the distributor-retailer has a water netserv plan.","sortOrder":98},{"sectionNumber":"sec.53AO","sectionType":"section","heading":"Provision about drinking water service","content":"### sec.53AO Provision about drinking water service\n\nThis section applies to a distributor-retailer—\non 1 July 2010; and\nuntil the earlier of the following—\n1 July 2011;\nthe day the distributor-retailer has an approved drinking water quality management plan.\nFor the Water Supply Act , chapter 2 , part 4 , division 3 , subdivision 1 , the existing drinking water plan for a drinking water service of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved drinking water quality management plan.\nIn this section—\napproved drinking water quality management plan means an approved drinking water quality management plan under the Water Supply Act .\nexisting drinking water plan , for a drinking water service of a participating local government, means the approved drinking water quality management plan of the local government in effect immediately before 1 July 2010.\ns 53AO ins 2010 No. 20 s 9\n(sec.53AO-ssec.1) This section applies to a distributor-retailer— on 1 July 2010; and until the earlier of the following— 1 July 2011; the day the distributor-retailer has an approved drinking water quality management plan.\n(sec.53AO-ssec.2) For the Water Supply Act , chapter 2 , part 4 , division 3 , subdivision 1 , the existing drinking water plan for a drinking water service of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved drinking water quality management plan.\n(sec.53AO-ssec.3) In this section— approved drinking water quality management plan means an approved drinking water quality management plan under the Water Supply Act . existing drinking water plan , for a drinking water service of a participating local government, means the approved drinking water quality management plan of the local government in effect immediately before 1 July 2010.\n- (a) on 1 July 2010; and\n- (b) until the earlier of the following— (i) 1 July 2011; (ii) the day the distributor-retailer has an approved drinking water quality management plan.\n- (i) 1 July 2011;\n- (ii) the day the distributor-retailer has an approved drinking water quality management plan.\n- (i) 1 July 2011;\n- (ii) the day the distributor-retailer has an approved drinking water quality management plan.","sortOrder":99},{"sectionNumber":"sec.53AP","sectionType":"section","heading":"Provision about service areas—before water netserv plan is in effect","content":"### sec.53AP Provision about service areas—before water netserv plan is in effect\n\nThis section applies to a distributor-retailer until the day the distributor-retailer has a water netserv plan.\nOn 1 July 2010, the service area for a distributor-retailer as a service provider under the Water Supply Act , chapter 2 , part 5 , consists of the existing service areas of its participating local governments.\nThe distributor-retailer may amend the service area by adding an area to, or removing an area from, the service area.\nIf the distributor-retailer amends the service area, the distributor-retailer must publish a notice of the amendment in a newspaper circulating generally throughout its geographic area.\nIn this section—\nexisting service area , of a participating local government, means the local government’s service areas under the Water Supply Act immediately before 1 July 2010 that relate to the distributor-retailer’s water service or wastewater service.\ns 53AP ins 2010 No. 20 s 9\n(sec.53AP-ssec.1) This section applies to a distributor-retailer until the day the distributor-retailer has a water netserv plan.\n(sec.53AP-ssec.2) On 1 July 2010, the service area for a distributor-retailer as a service provider under the Water Supply Act , chapter 2 , part 5 , consists of the existing service areas of its participating local governments.\n(sec.53AP-ssec.3) The distributor-retailer may amend the service area by adding an area to, or removing an area from, the service area.\n(sec.53AP-ssec.4) If the distributor-retailer amends the service area, the distributor-retailer must publish a notice of the amendment in a newspaper circulating generally throughout its geographic area.\n(sec.53AP-ssec.5) In this section— existing service area , of a participating local government, means the local government’s service areas under the Water Supply Act immediately before 1 July 2010 that relate to the distributor-retailer’s water service or wastewater service.","sortOrder":100},{"sectionNumber":"sec.53AQ","sectionType":"section","heading":"Provision about service areas—after water netserv plan is in effect","content":"### sec.53AQ Provision about service areas—after water netserv plan is in effect\n\nThis section applies to a distributor-retailer on and from the day the distributor-retailer adopts under section 99BRAB a water netserv plan.\nFor a relevant provision—\nthe distributor-retailer’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act ; and\nthe distributor-retailer is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act .\nIn this section—\nrelevant provision means the following provisions of the Water Supply Act —\nsection 161 (9) ;\nchapter 2 , part 5 , divisions 3 and 5 ;\nschedule 3 , definition retail water service .\ns 53AQ ins 2010 No. 20 s 9\namd 2014 No. 16 s 5 ; 2019 No. 17 s 315\n(sec.53AQ-ssec.1) This section applies to a distributor-retailer on and from the day the distributor-retailer adopts under section 99BRAB a water netserv plan.\n(sec.53AQ-ssec.2) For a relevant provision— the distributor-retailer’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act ; and the distributor-retailer is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act .\n(sec.53AQ-ssec.3) In this section— relevant provision means the following provisions of the Water Supply Act — section 161 (9) ; chapter 2 , part 5 , divisions 3 and 5 ; schedule 3 , definition retail water service .\n- (a) the distributor-retailer’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act ; and\n- (b) the distributor-retailer is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act .\n- (a) section 161 (9) ;\n- (b) chapter 2 , part 5 , divisions 3 and 5 ;\n- (c) schedule 3 , definition retail water service .","sortOrder":101},{"sectionNumber":"sec.53AR","sectionType":"section","heading":"Provision about recycled water management plan","content":"### sec.53AR Provision about recycled water management plan\n\nThis section applies to a distributor-retailer on 1 July 2010.\nFor the Water Supply Act , chapter 3 , part 2 , the existing recycled water management plan for a recycled water scheme of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved recycled water management plan under that Act.\nIn this section—\napproved recycled water management plan means an approved recycled water management plan under the Water Supply Act .\nexisting recycled water management plan , for a recycled water scheme of a participating local government, means the approved recycled water management plan of the local government in effect immediately before 1 July 2010.\ns 53AR ins 2010 No. 20 s 9\n(sec.53AR-ssec.1) This section applies to a distributor-retailer on 1 July 2010.\n(sec.53AR-ssec.2) For the Water Supply Act , chapter 3 , part 2 , the existing recycled water management plan for a recycled water scheme of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved recycled water management plan under that Act.\n(sec.53AR-ssec.3) In this section— approved recycled water management plan means an approved recycled water management plan under the Water Supply Act . existing recycled water management plan , for a recycled water scheme of a participating local government, means the approved recycled water management plan of the local government in effect immediately before 1 July 2010.","sortOrder":102},{"sectionNumber":"ch.2A-pt.3","sectionType":"part","heading":"Overdue charges for water services and wastewater services","content":"# Overdue charges for water services and wastewater services","sortOrder":103},{"sectionNumber":"sec.53ARA","sectionType":"section","heading":null,"content":"### Section sec.53ARA\n\ns 53ARA ins 2011 No. 21 s 9\ns 53ARA def bulk water component om 2012 No. 1 s 21\ns 53ARA def small business customer om 2012 No. 1 s 21\ns 53ARA def variable measures om 2012 No. 1 s 21\nom 2014 No. 16 s 101 sch 1","sortOrder":104},{"sectionNumber":"sec.53ARB","sectionType":"section","heading":null,"content":"### Section sec.53ARB\n\ns 53ARB ins 2011 No. 21 s 9\namd 2011 No. 31 s 352\nom 2014 No. 16 s 101 sch 1","sortOrder":105},{"sectionNumber":"sec.53ARC","sectionType":"section","heading":null,"content":"### Section sec.53ARC\n\ns 53ARC ins 2011 No. 21 s 9\namd 2012 No.1 s 105 sch\nom 2014 No. 16 s 101 sch 1","sortOrder":106},{"sectionNumber":"sec.53ARD","sectionType":"section","heading":null,"content":"### Section sec.53ARD\n\ns 53ARD ins 2011 No. 21 s 9\namd 2012 No.1 s 105 sch\nom 2014 No. 16 s 101 sch 1","sortOrder":107},{"sectionNumber":"sec.53ARE","sectionType":"section","heading":null,"content":"### Section sec.53ARE\n\ns 53ARE ins 2011 No. 21 s 9\nom 2014 No. 16 s 101 sch 1","sortOrder":108},{"sectionNumber":"sec.53ARF","sectionType":"section","heading":null,"content":"### Section sec.53ARF\n\ns 53ARF ins 2011 No. 21 s 9\nom 2014 No. 16 s 101 sch 1","sortOrder":109},{"sectionNumber":"sec.53ARG","sectionType":"section","heading":null,"content":"### Section sec.53ARG\n\ns 53ARG ins 2011 No. 21 s 9\nom 2014 No. 16 s 101 sch 1","sortOrder":110},{"sectionNumber":"sec.53ARH","sectionType":"section","heading":null,"content":"### Section sec.53ARH\n\ns 53ARH ins 2011 No. 21 s 9\nom 2014 No. 16 s 101 sch 1","sortOrder":111},{"sectionNumber":"sec.53ARI","sectionType":"section","heading":null,"content":"### Section sec.53ARI\n\ns 53ARI ins 2011 No. 21 s 9\nom 2014 No. 16 s 101 sch 1","sortOrder":112},{"sectionNumber":"sec.53AS","sectionType":"section","heading":"Application of pt 3","content":"### sec.53AS Application of pt 3\n\nThis part applies if a distributor-retailer is owed all or any of the following for premises—\na charge for water services or wastewater services provided by a distributor-retailer to the premises;\ncosts the distributor-retailer may recover for the premises under the Water Supply Act , section 165 ;\nWater Supply Act , section 165 (Recovering cost of giving access to registered service)\na charge under section 99BRAN , 99BRAV or 99BRCI ;\na charge under a water infrastructure agreement under section 99BRCM ;\na liability mentioned in section 77I that is an infrastructure charge—\nowed to distributor-retailer under section 77J ; or\nthe benefit of which is, under section 77K , shared with a participating local government of the distributor-retailer.\nThe amount owed for a matter mentioned in subsection (1) is the overdue charge .\nFor a charge mentioned in subsection (1) (c) or (d) , this part only applies if the entitlements under a water approval for the charge are exercised.\ns 53AS ins 2010 No. 20 s 9\namd 2010 No. 53 s 144 ; 2011 No. 21 s 10 ; 2014 No. 16 s 101 sch 1 ; 2014 No. 36 s 56 sch 1\n(sec.53AS-ssec.1) This part applies if a distributor-retailer is owed all or any of the following for premises— a charge for water services or wastewater services provided by a distributor-retailer to the premises; costs the distributor-retailer may recover for the premises under the Water Supply Act , section 165 ; Water Supply Act , section 165 (Recovering cost of giving access to registered service) a charge under section 99BRAN , 99BRAV or 99BRCI ; a charge under a water infrastructure agreement under section 99BRCM ; a liability mentioned in section 77I that is an infrastructure charge— owed to distributor-retailer under section 77J ; or the benefit of which is, under section 77K , shared with a participating local government of the distributor-retailer.\n(sec.53AS-ssec.2) The amount owed for a matter mentioned in subsection (1) is the overdue charge .\n(sec.53AS-ssec.3) For a charge mentioned in subsection (1) (c) or (d) , this part only applies if the entitlements under a water approval for the charge are exercised.\n- (a) a charge for water services or wastewater services provided by a distributor-retailer to the premises;\n- (b) costs the distributor-retailer may recover for the premises under the Water Supply Act , section 165 ; Editor’s note— Water Supply Act , section 165 (Recovering cost of giving access to registered service)\n- (c) a charge under section 99BRAN , 99BRAV or 99BRCI ;\n- (d) a charge under a water infrastructure agreement under section 99BRCM ;\n- (e) a liability mentioned in section 77I that is an infrastructure charge— (i) owed to distributor-retailer under section 77J ; or (ii) the benefit of which is, under section 77K , shared with a participating local government of the distributor-retailer.\n- (i) owed to distributor-retailer under section 77J ; or\n- (ii) the benefit of which is, under section 77K , shared with a participating local government of the distributor-retailer.\n- (i) owed to distributor-retailer under section 77J ; or\n- (ii) the benefit of which is, under section 77K , shared with a participating local government of the distributor-retailer.","sortOrder":113},{"sectionNumber":"sec.53AT","sectionType":"section","heading":"Interest","content":"### sec.53AT Interest\n\nThe distributor-retailer may charge interest on the overdue charge.\nThe rate of the interest can not be more than the rate of interest local governments may charge for late payment of rates.\nThe interest must be calculated—\non daily rests, and as compound interest; or\nin another way the distributor-retailer decides, if an equal or lower amount will be obtained.\ns 53AT ins 2010 No. 20 s 9\namd 2010 No. 53 s 145\n(sec.53AT-ssec.1) The distributor-retailer may charge interest on the overdue charge.\n(sec.53AT-ssec.2) The rate of the interest can not be more than the rate of interest local governments may charge for late payment of rates.\n(sec.53AT-ssec.3) The interest must be calculated— on daily rests, and as compound interest; or in another way the distributor-retailer decides, if an equal or lower amount will be obtained.\n- (a) on daily rests, and as compound interest; or\n- (b) in another way the distributor-retailer decides, if an equal or lower amount will be obtained.","sortOrder":114},{"sectionNumber":"sec.53AU","sectionType":"section","heading":"Overdue charge is owing by any owner of the premises","content":"### sec.53AU Overdue charge is owing by any owner of the premises\n\nThe overdue charge is payable by anyone who from time to time owns the premises.\nSubsection (1) applies whether or not the owner received the benefit of the services.\nSubsection (1) does not apply to any interest on the overdue charge.\ns 53AU ins 2010 No. 20 s 9\n(sec.53AU-ssec.1) The overdue charge is payable by anyone who from time to time owns the premises.\n(sec.53AU-ssec.2) Subsection (1) applies whether or not the owner received the benefit of the services.\n(sec.53AU-ssec.3) Subsection (1) does not apply to any interest on the overdue charge.","sortOrder":115},{"sectionNumber":"sec.53AV","sectionType":"section","heading":"Charge on premises for overdue charge, CPI indexation and costs ordered","content":"### sec.53AV Charge on premises for overdue charge, CPI indexation and costs ordered\n\nThe total of the following is a charge on the premises (the distributor-retailer’s charge )—\nthe overdue charge, as CPI indexed under section 53AW ;\nif, in a proceeding to recover the overdue charges, the court orders costs to be paid to distributor-retailer from the owner of the premises—the costs.\nThe distributor-retailer’s charge does not include a power to sell the premises.\nThe distributor-retailer’s charge does not secure any interest imposed under section 53AT .\nThis section does not limit any other remedy the distributor-retailer has to recover the amount.\ns 53AV ins 2010 No. 20 s 9\n(sec.53AV-ssec.1) The total of the following is a charge on the premises (the distributor-retailer’s charge )— the overdue charge, as CPI indexed under section 53AW ; if, in a proceeding to recover the overdue charges, the court orders costs to be paid to distributor-retailer from the owner of the premises—the costs.\n(sec.53AV-ssec.2) The distributor-retailer’s charge does not include a power to sell the premises.\n(sec.53AV-ssec.3) The distributor-retailer’s charge does not secure any interest imposed under section 53AT .\n(sec.53AV-ssec.4) This section does not limit any other remedy the distributor-retailer has to recover the amount.\n- (a) the overdue charge, as CPI indexed under section 53AW ;\n- (b) if, in a proceeding to recover the overdue charges, the court orders costs to be paid to distributor-retailer from the owner of the premises—the costs.","sortOrder":116},{"sectionNumber":"sec.53AW","sectionType":"section","heading":"Quarterly CPI indexation for distributor-retailer’s charge","content":"### sec.53AW Quarterly CPI indexation for distributor-retailer’s charge\n\nFor section 53AV the overdue charge is taken to be CPI indexed for all quarters during which all or any part of the overdue charge continues to be owing.\nHowever, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.\nFor subsection (1) , payments relating to the overdue charge are taken to be made first in reduction of the overdue charge before any interest on it.\nIn this section—\nCPI indexed , for a quarter (the relevant quarter ), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—\nthe relevant quarter;\nthe quarter immediately before the relevant quarter.\ns 53AW ins 2010 No. 20 s 9\namd 2011 No. 21 s 11 ; 2014 No. 16 s 101 sch 1\n(sec.53AW-ssec.1) For section 53AV the overdue charge is taken to be CPI indexed for all quarters during which all or any part of the overdue charge continues to be owing.\n(sec.53AW-ssec.2) However, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.\n(sec.53AW-ssec.3) For subsection (1) , payments relating to the overdue charge are taken to be made first in reduction of the overdue charge before any interest on it.\n(sec.53AW-ssec.4) In this section— CPI indexed , for a quarter (the relevant quarter ), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters— the relevant quarter; the quarter immediately before the relevant quarter.\n- (a) the relevant quarter;\n- (b) the quarter immediately before the relevant quarter.","sortOrder":117},{"sectionNumber":"sec.53AX","sectionType":"section","heading":"Registration of charge and effect of registration","content":"### sec.53AX Registration of charge and effect of registration\n\nThe distributor-retailer may register the distributor-retailer’s charge by lodging the following documents with the registrar—\na request to register the charge, in the appropriate form;\na certificate signed by the chief executive officer that states the distributor-retailer’s charge exists over the premises.\nAfter the charge is registered over the premises, the charge has priority over any other encumbrances over the premises, other than encumbrances in favour of—\nthe State; or\na public entity.\nIf the amount that the charge secures is paid, the distributor-retailer must lodge the following documents with the registrar—\na request to release the charge over the premises, in the appropriate form;\na certificate signed by the chief executive officer stating the amount has been paid.\ns 53AX ins 2010 No. 20 s 9\n(sec.53AX-ssec.1) The distributor-retailer may register the distributor-retailer’s charge by lodging the following documents with the registrar— a request to register the charge, in the appropriate form; a certificate signed by the chief executive officer that states the distributor-retailer’s charge exists over the premises.\n(sec.53AX-ssec.2) After the charge is registered over the premises, the charge has priority over any other encumbrances over the premises, other than encumbrances in favour of— the State; or a public entity.\n(sec.53AX-ssec.3) If the amount that the charge secures is paid, the distributor-retailer must lodge the following documents with the registrar— a request to release the charge over the premises, in the appropriate form; a certificate signed by the chief executive officer stating the amount has been paid.\n- (a) a request to register the charge, in the appropriate form;\n- (b) a certificate signed by the chief executive officer that states the distributor-retailer’s charge exists over the premises.\n- (a) the State; or\n- (b) a public entity.\n- (a) a request to release the charge over the premises, in the appropriate form;\n- (b) a certificate signed by the chief executive officer stating the amount has been paid.","sortOrder":118},{"sectionNumber":"ch.2A-pt.3A","sectionType":"part","heading":"Personal details requirements","content":"# Personal details requirements","sortOrder":119},{"sectionNumber":"sec.53AXA","sectionType":"section","heading":"Application of pt 3A","content":"### sec.53AXA Application of pt 3A\n\nThis part applies if an authorised person appointed by a distributor-retailer—\nfinds a person committing an infringement notice offence; or\nfinds a person in circumstances that lead the authorised person to reasonably suspect a person has just committed an infringement notice offence; or\nhas information that leads the authorised person to reasonably suspect a person has just committed an infringement notice offence.\ns 53AXA ins 2010 No. 53 s 146\n- (a) finds a person committing an infringement notice offence; or\n- (b) finds a person in circumstances that lead the authorised person to reasonably suspect a person has just committed an infringement notice offence; or\n- (c) has information that leads the authorised person to reasonably suspect a person has just committed an infringement notice offence.","sortOrder":120},{"sectionNumber":"sec.53AXB","sectionType":"section","heading":"Power to require name and residential address","content":"### sec.53AXB Power to require name and residential address\n\nThe authorised person may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised person must give the person an offence warning.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —35 penalty units.\ns 53AXB ins 2010 No. 53 s 146\n(sec.53AXB-ssec.1) The authorised person may require the person to state the person’s name and residential address.\n(sec.53AXB-ssec.2) When making the requirement, the authorised person must give the person an offence warning.\n(sec.53AXB-ssec.3) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (3) —35 penalty units.","sortOrder":121},{"sectionNumber":"sec.53AXC","sectionType":"section","heading":"Power to require evidence of name or residential address","content":"### sec.53AXC Power to require evidence of name or residential address\n\nThe authorised person may also require the person to give evidence of the correctness of the stated name or residential address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or residential address; or\notherwise be able to give the evidence.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —35 penalty units.\ns 53AXC ins 2010 No. 53 s 146\n(sec.53AXC-ssec.1) The authorised person may also require the person to give evidence of the correctness of the stated name or residential address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or residential address; or otherwise be able to give the evidence.\n(sec.53AXC-ssec.2) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (2) —35 penalty units.\n- (a) be in possession of evidence of the correctness of the stated name or residential address; or\n- (b) otherwise be able to give the evidence.","sortOrder":122},{"sectionNumber":"sec.53AXD","sectionType":"section","heading":"Exception if infringement notice offence not proved","content":"### sec.53AXD Exception if infringement notice offence not proved\n\nThe person does not commit an offence under this part if—\nthe requirement was made because the authorised person suspected the person has committed an infringement notice offence; and\nthe person is not proved to have committed the offence.\ns 53AXD ins 2010 No. 53 s 146\n- (a) the requirement was made because the authorised person suspected the person has committed an infringement notice offence; and\n- (b) the person is not proved to have committed the offence.","sortOrder":123},{"sectionNumber":"ch.2A-pt.4","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":124},{"sectionNumber":"sec.53AY","sectionType":"section","heading":"Authority to acquire land","content":"### sec.53AY Authority to acquire land\n\nThe Acquisition of Land Act applies to a distributor-retailer as if—\nit were a constructing authority; and\nland mentioned in that Act included land held from the State for a lesser interest than freehold, other than a lease under the Land Act ; and\nthe purposes for which land may be taken for the distributor-retailer are purposes relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area.\nFor a lease under the Land Act , section 218 of that Act applies to a distributor-retailer as if it were a constructing authority.\nA regulation may make provision about the acquisition of land by a distributor-retailer.\ns 53AY ins 2010 No. 20 s 9\n(sec.53AY-ssec.1) The Acquisition of Land Act applies to a distributor-retailer as if— it were a constructing authority; and land mentioned in that Act included land held from the State for a lesser interest than freehold, other than a lease under the Land Act ; and the purposes for which land may be taken for the distributor-retailer are purposes relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area.\n(sec.53AY-ssec.2) For a lease under the Land Act , section 218 of that Act applies to a distributor-retailer as if it were a constructing authority.\n(sec.53AY-ssec.3) A regulation may make provision about the acquisition of land by a distributor-retailer.\n- (a) it were a constructing authority; and\n- (b) land mentioned in that Act included land held from the State for a lesser interest than freehold, other than a lease under the Land Act ; and\n- (c) the purposes for which land may be taken for the distributor-retailer are purposes relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area.","sortOrder":125},{"sectionNumber":"sec.53AZ","sectionType":"section","heading":null,"content":"### Section sec.53AZ\n\ns 53AZ ins 2010 No. 20 s 9\nom 2010 No. 53 s 147","sortOrder":126},{"sectionNumber":"sec.53BA","sectionType":"section","heading":"Ownership of water infrastructure that becomes part of land","content":"### sec.53BA Ownership of water infrastructure that becomes part of land\n\nWater infrastructure owned by a distributor-retailer remains its personal property despite—\nit becoming part of any land; or\nthe sale or other disposal of the land of which it becomes a part.\nThis section applies despite—\nan Act or law of a State; or\na contract, covenant or claim of right under a law of a State.\nThis section is subject to any retransfer of the water infrastructure under chapter 3A .\ns 53BA ins 2010 No. 20 s 9\namd 2012 No. 1 s 22\n(sec.53BA-ssec.1) Water infrastructure owned by a distributor-retailer remains its personal property despite— it becoming part of any land; or the sale or other disposal of the land of which it becomes a part.\n(sec.53BA-ssec.2) This section applies despite— an Act or law of a State; or a contract, covenant or claim of right under a law of a State.\n(sec.53BA-ssec.3) This section is subject to any retransfer of the water infrastructure under chapter 3A .\n- (a) it becoming part of any land; or\n- (b) the sale or other disposal of the land of which it becomes a part.\n- (a) an Act or law of a State; or\n- (b) a contract, covenant or claim of right under a law of a State.","sortOrder":127},{"sectionNumber":"ch.2B-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":128},{"sectionNumber":"sec.53BB","sectionType":"section","heading":"What is water infrastructure and water infrastructure work","content":"### sec.53BB What is water infrastructure and water infrastructure work\n\nWater infrastructure is infrastructure for a water service or wastewater service.\nWater infrastructure work is the installation, operation, maintenance, repair, alteration or removal of water infrastructure.\ns 53BB ins 2010 No. 20 s 9\n(sec.53BB-ssec.1) Water infrastructure is infrastructure for a water service or wastewater service.\n(sec.53BB-ssec.2) Water infrastructure work is the installation, operation, maintenance, repair, alteration or removal of water infrastructure.","sortOrder":129},{"sectionNumber":"sec.53BC","sectionType":"section","heading":"What is a public entity","content":"### sec.53BC What is a public entity\n\nA public entity is—\na local government; or\na government company or part of a government company; or\na State instrumentality, agency, authority or entity or a division, branch or other part of a State instrumentality, agency, authority or entity; or\na department or a division, branch or other part of a department; or\na GOC Act entity; or\na government entity prescribed under a regulation under the GOC Act , section 4 .\nIn this section—\nGOC Act means the Government Owned Corporations Act 1993 .\nGOC Act entity means an entity established under a regulation under the GOC Act .\ngovernment company means a corporation incorporated under the Corporations Act all the stock or shares in the capital of which is or are beneficially owned by the State.\ns 53BC ins 2010 No. 20 s 9\n(sec.53BC-ssec.1) A public entity is— a local government; or a government company or part of a government company; or a State instrumentality, agency, authority or entity or a division, branch or other part of a State instrumentality, agency, authority or entity; or a department or a division, branch or other part of a department; or a GOC Act entity; or a government entity prescribed under a regulation under the GOC Act , section 4 .\n(sec.53BC-ssec.2) In this section— GOC Act means the Government Owned Corporations Act 1993 . GOC Act entity means an entity established under a regulation under the GOC Act . government company means a corporation incorporated under the Corporations Act all the stock or shares in the capital of which is or are beneficially owned by the State.\n- (a) a local government; or\n- (b) a government company or part of a government company; or\n- (c) a State instrumentality, agency, authority or entity or a division, branch or other part of a State instrumentality, agency, authority or entity; or\n- (d) a department or a division, branch or other part of a department; or\n- (e) a GOC Act entity; or\n- (f) a government entity prescribed under a regulation under the GOC Act , section 4 .","sortOrder":130},{"sectionNumber":"sec.53BD","sectionType":"section","heading":"Publicly-controlled places and their public entities","content":"### sec.53BD Publicly-controlled places and their public entities\n\nA publicly-controlled place is—\na State-controlled road; or\na place for which a public entity is responsible that—\nthe public is entitled to use; or\nis open to members of the public; or\nis used by the public, whether or not on payment of money.\na road\nHowever, publicly-controlled place does not include any of the following under the Transport Infrastructure Act —\nbusway land;\nlight rail land;\na railway;\nrail corridor land.\nFor provisions relevant to water infrastructure work for places mentioned in subsection (2) , see the Transport Infrastructure Act , chapter 6 (Road transport infrastructure), chapter 9 , part 4 , divisions 4 (Public utility plant) and 5 (Use of busway or busway transport infrastructure) and chapter 10 , part 4 , divisions 3 (Public utility plant) and 4 (Use of light rail or light rail transport infrastructure).\nThe public entity for a publicly-controlled place is the public entity immediately and primarily responsible for the place.\ns 53BD ins 2010 No. 20 s 9\n(sec.53BD-ssec.1) A publicly-controlled place is— a State-controlled road; or a place for which a public entity is responsible that— the public is entitled to use; or is open to members of the public; or is used by the public, whether or not on payment of money. a road\n(sec.53BD-ssec.2) However, publicly-controlled place does not include any of the following under the Transport Infrastructure Act — busway land; light rail land; a railway; rail corridor land. For provisions relevant to water infrastructure work for places mentioned in subsection (2) , see the Transport Infrastructure Act , chapter 6 (Road transport infrastructure), chapter 9 , part 4 , divisions 4 (Public utility plant) and 5 (Use of busway or busway transport infrastructure) and chapter 10 , part 4 , divisions 3 (Public utility plant) and 4 (Use of light rail or light rail transport infrastructure).\n(sec.53BD-ssec.3) The public entity for a publicly-controlled place is the public entity immediately and primarily responsible for the place.\n- (a) a State-controlled road; or\n- (b) a place for which a public entity is responsible that— (i) the public is entitled to use; or (ii) is open to members of the public; or (iii) is used by the public, whether or not on payment of money. Example for paragraph (b) — a road\n- (i) the public is entitled to use; or\n- (ii) is open to members of the public; or\n- (iii) is used by the public, whether or not on payment of money.\n- (i) the public is entitled to use; or\n- (ii) is open to members of the public; or\n- (iii) is used by the public, whether or not on payment of money.\n- (a) busway land;\n- (b) light rail land;\n- (c) a railway;\n- (d) rail corridor land.","sortOrder":131},{"sectionNumber":"sec.53BE","sectionType":"section","heading":"What is a road and a State-controlled road","content":"### sec.53BE What is a road and a State-controlled road\n\nA road is any of the following other than to the extent it is, or includes, a public thoroughfare easement—\nan area of land dedicated to public use as a road;\nan area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles;\na bridge, culvert, ferry, ford, tunnel or viaduct;\na pedestrian or bicycle path;\na part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d) .\nA State-controlled road is a road or land, or part of a road or land, declared under the Transport Infrastructure Act , section 24 to be a State-controlled road.\ns 53BE ins 2010 No. 20 s 9\n(sec.53BE-ssec.1) A road is any of the following other than to the extent it is, or includes, a public thoroughfare easement— an area of land dedicated to public use as a road; an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; a bridge, culvert, ferry, ford, tunnel or viaduct; a pedestrian or bicycle path; a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d) .\n(sec.53BE-ssec.2) A State-controlled road is a road or land, or part of a road or land, declared under the Transport Infrastructure Act , section 24 to be a State-controlled road.\n- (a) an area of land dedicated to public use as a road;\n- (b) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles;\n- (c) a bridge, culvert, ferry, ford, tunnel or viaduct;\n- (d) a pedestrian or bicycle path;\n- (e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d) .","sortOrder":132},{"sectionNumber":"sec.53BF","sectionType":"section","heading":"What are road works","content":"### sec.53BF What are road works\n\nRoad works are—\nworks done for—\nconstructing roads or things associated with roads; or\nmaintaining roads or things associated with roads (other than public utility plant); or\nfacilitating the operation of infrastructure relating to roads; or\nworks declared under a regulation under the Transport Infrastructure Act to be road works.\nIn this section—\nplant includes any of the following—\na conduit or cable;\nan electrical installation under the Electricity Act 1994 ;\nan overhead conveyor.\npublic utility plant means plant permitted under an Act or a Commonwealth Act to be on a road.\nworks includes activities.\ns 53BF ins 2010 No. 20 s 9\n(sec.53BF-ssec.1) Road works are— works done for— constructing roads or things associated with roads; or maintaining roads or things associated with roads (other than public utility plant); or facilitating the operation of infrastructure relating to roads; or works declared under a regulation under the Transport Infrastructure Act to be road works.\n(sec.53BF-ssec.2) In this section— plant includes any of the following— a conduit or cable; an electrical installation under the Electricity Act 1994 ; an overhead conveyor. public utility plant means plant permitted under an Act or a Commonwealth Act to be on a road. works includes activities.\n- (a) works done for— (i) constructing roads or things associated with roads; or (ii) maintaining roads or things associated with roads (other than public utility plant); or (iii) facilitating the operation of infrastructure relating to roads; or\n- (i) constructing roads or things associated with roads; or\n- (ii) maintaining roads or things associated with roads (other than public utility plant); or\n- (iii) facilitating the operation of infrastructure relating to roads; or\n- (b) works declared under a regulation under the Transport Infrastructure Act to be road works.\n- (i) constructing roads or things associated with roads; or\n- (ii) maintaining roads or things associated with roads (other than public utility plant); or\n- (iii) facilitating the operation of infrastructure relating to roads; or\n- (a) a conduit or cable;\n- (b) an electrical installation under the Electricity Act 1994 ;\n- (c) an overhead conveyor.","sortOrder":133},{"sectionNumber":"sec.53BG","sectionType":"section","heading":"Meaning of location on a road","content":"### sec.53BG Meaning of location on a road\n\nThe location of water infrastructure on a road includes the line, level and boundary of the water infrastructure in or on the road.\ns 53BG ins 2010 No. 20 s 9","sortOrder":134},{"sectionNumber":"ch.2B-pt.2","sectionType":"part","heading":"Carrying out water infrastructure work on publicly-controlled places","content":"# Carrying out water infrastructure work on publicly-controlled places","sortOrder":135},{"sectionNumber":"ch.2B-pt.2-div.1","sectionType":"division","heading":"When work may be carried out","content":"## When work may be carried out","sortOrder":136},{"sectionNumber":"sec.53BH","sectionType":"section","heading":"Right to carry out work on publicly-controlled place","content":"### sec.53BH Right to carry out work on publicly-controlled place\n\nSubject to sections 53BI and 53BR and division 2 , a distributor-retailer may carry out water infrastructure work on a publicly-controlled place if the carrying out of the work is relevant to the performance of its geographic area functions.\ns 53BH ins 2010 No. 20 s 9","sortOrder":137},{"sectionNumber":"sec.53BI","sectionType":"section","heading":"Requirements for carrying out work","content":"### sec.53BI Requirements for carrying out work\n\nA distributor-retailer may carry out water infrastructure work on a publicly-controlled place only if—\nthe public entity has given its written approval for the carrying out of the work (a public entity approval ); or\nSee also section 108 (Public entity approvals taken to be given for existing water infrastructure work).\nthe public entity and the distributor-retailer have entered into a written consent arrangement for the carrying out of the work (a consent arrangement ); or\nthe carrying out of the work is necessary because of an emergency.\nIf the work is carried out because of an emergency, the distributor-retailer must, as soon as practicable, give the entity notice of the work.\nWithout limiting the matters of a consent arrangement, the arrangement may—\napply to 1 or several locations; and\nbe subject to the SEQ design and construction code; and\nif the arrangement is for water infrastructure within an agreed location on a road—provide for the distributor-retailer to give a water approval for the infrastructure without a public entity approval; and\nprovide for a person identified in the consent arrangement to carry out water infrastructure work on a publicly controlled place; and\nbe subject to reasonable conditions.\ns 53BI ins 2010 No. 20 s 9\namd 2014 No. 16 s 6\n(sec.53BI-ssec.1) A distributor-retailer may carry out water infrastructure work on a publicly-controlled place only if— the public entity has given its written approval for the carrying out of the work (a public entity approval ); or See also section 108 (Public entity approvals taken to be given for existing water infrastructure work). the public entity and the distributor-retailer have entered into a written consent arrangement for the carrying out of the work (a consent arrangement ); or the carrying out of the work is necessary because of an emergency.\n(sec.53BI-ssec.2) If the work is carried out because of an emergency, the distributor-retailer must, as soon as practicable, give the entity notice of the work.\n(sec.53BI-ssec.3) Without limiting the matters of a consent arrangement, the arrangement may— apply to 1 or several locations; and be subject to the SEQ design and construction code; and if the arrangement is for water infrastructure within an agreed location on a road—provide for the distributor-retailer to give a water approval for the infrastructure without a public entity approval; and provide for a person identified in the consent arrangement to carry out water infrastructure work on a publicly controlled place; and be subject to reasonable conditions.\n- (a) the public entity has given its written approval for the carrying out of the work (a public entity approval ); or Note— See also section 108 (Public entity approvals taken to be given for existing water infrastructure work).\n- (b) the public entity and the distributor-retailer have entered into a written consent arrangement for the carrying out of the work (a consent arrangement ); or\n- (c) the carrying out of the work is necessary because of an emergency.\n- (a) apply to 1 or several locations; and\n- (b) be subject to the SEQ design and construction code; and\n- (c) if the arrangement is for water infrastructure within an agreed location on a road—provide for the distributor-retailer to give a water approval for the infrastructure without a public entity approval; and\n- (d) provide for a person identified in the consent arrangement to carry out water infrastructure work on a publicly controlled place; and\n- (e) be subject to reasonable conditions.","sortOrder":138},{"sectionNumber":"sec.53BJ","sectionType":"section","heading":"Obtaining public entity’s approval or entering consent arrangement","content":"### sec.53BJ Obtaining public entity’s approval or entering consent arrangement\n\nThe distributor-retailer may, in writing, apply to the public entity for a public entity approval or consent arrangement for water infrastructure work.\nThe application must—\ndescribe the work and how it is proposed to be carried out; and\ngive particulars of the location of the proposed work; and\nbe supported by other relevant information, reasonably required by the entity, to enable it to consider the application.\nThe entity must, within 20 business days after receiving the information mentioned in subsection (2) (c) —\ndecide to grant or refuse the approval; or\nenter into the consent arrangement.\nFor subsection (3) (a) , the entity must not unreasonably refuse to grant the approval.\ns 53BJ ins 2010 No. 20 s 9\namd 2014 No. 16 s 7\n(sec.53BJ-ssec.1) The distributor-retailer may, in writing, apply to the public entity for a public entity approval or consent arrangement for water infrastructure work.\n(sec.53BJ-ssec.2) The application must— describe the work and how it is proposed to be carried out; and give particulars of the location of the proposed work; and be supported by other relevant information, reasonably required by the entity, to enable it to consider the application.\n(sec.53BJ-ssec.3) The entity must, within 20 business days after receiving the information mentioned in subsection (2) (c) — decide to grant or refuse the approval; or enter into the consent arrangement.\n(sec.53BJ-ssec.4) For subsection (3) (a) , the entity must not unreasonably refuse to grant the approval.\n- (a) describe the work and how it is proposed to be carried out; and\n- (b) give particulars of the location of the proposed work; and\n- (c) be supported by other relevant information, reasonably required by the entity, to enable it to consider the application.\n- (a) decide to grant or refuse the approval; or\n- (b) enter into the consent arrangement.","sortOrder":139},{"sectionNumber":"sec.53BK","sectionType":"section","heading":"Conditions of approval or arrangement","content":"### sec.53BK Conditions of approval or arrangement\n\nThe public entity may impose conditions on the approval or consent arrangement it considers are reasonable.\na condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times\nHowever, a condition about an alignment for water infrastructure on, or proposed to be built on, a road must ensure the alignment is—\nlocated to ensure reasonable protection for the infrastructure; and\nif practicable, on the footpath or verge of the road.\ns 53BK ins 2010 No. 20 s 9\namd 2014 No. 16 s 8\n(sec.53BK-ssec.1) The public entity may impose conditions on the approval or consent arrangement it considers are reasonable. a condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times\n(sec.53BK-ssec.2) However, a condition about an alignment for water infrastructure on, or proposed to be built on, a road must ensure the alignment is— located to ensure reasonable protection for the infrastructure; and if practicable, on the footpath or verge of the road.\n- (a) located to ensure reasonable protection for the infrastructure; and\n- (b) if practicable, on the footpath or verge of the road.","sortOrder":140},{"sectionNumber":"ch.2B-pt.2-div.2","sectionType":"division","heading":"Obligations in carrying out work","content":"## Obligations in carrying out work","sortOrder":141},{"sectionNumber":"sec.53BL","sectionType":"section","heading":"Application of div 2","content":"### sec.53BL Application of div 2\n\nThis division applies if a distributor-retailer is carrying out water infrastructure work on a publicly-controlled place.\ns 53BL ins 2010 No. 20 s 9","sortOrder":142},{"sectionNumber":"sec.53BM","sectionType":"section","heading":"Guarding","content":"### sec.53BM Guarding\n\nThis section applies if the distributor-retailer has opened or broken up (the interference ) the place, or any part of the place.\nThe distributor-retailer must, at all times while the interference continues, ensure—\nthe interference is barricaded and guarded; and\nsigns and lights sufficient to warn and guide the public are set up and maintained against or near the interference.\nIf required by the public entity, the distributor-retailer must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues.\nThe requirement may be made—\nbefore or during the carrying out of the work; and\nas well as any condition imposed under section 53BK .\ns 53BM ins 2010 No. 20 s 9\n(sec.53BM-ssec.1) This section applies if the distributor-retailer has opened or broken up (the interference ) the place, or any part of the place.\n(sec.53BM-ssec.2) The distributor-retailer must, at all times while the interference continues, ensure— the interference is barricaded and guarded; and signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference.\n(sec.53BM-ssec.3) If required by the public entity, the distributor-retailer must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues.\n(sec.53BM-ssec.4) The requirement may be made— before or during the carrying out of the work; and as well as any condition imposed under section 53BK .\n- (a) the interference is barricaded and guarded; and\n- (b) signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference.\n- (a) before or during the carrying out of the work; and\n- (b) as well as any condition imposed under section 53BK .","sortOrder":143},{"sectionNumber":"sec.53BN","sectionType":"section","heading":"Warning signs on roads","content":"### sec.53BN Warning signs on roads\n\nIf the work is carried out on a road, lights and signs set up or maintained to safeguard the public must be the appropriate official traffic signs under the Transport Operations (Road Use Management) Act 1995 .\ns 53BN ins 2010 No. 20 s 9","sortOrder":144},{"sectionNumber":"sec.53BO","sectionType":"section","heading":"General obligations in carrying out work","content":"### sec.53BO General obligations in carrying out work\n\nThe distributor-retailer must—\ncomplete the work as soon as practicable; and\nrestore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and\nremove any rubbish or surplus earth caused by the work; and\ncomply with—\nthe conditions of any relevant public entity approval or consent arrangement; and\nany relevant provisions of the Water Supply Act and any other relevant law.\nIf, in carrying out the work, the distributor-retailer causes damage to the place, the distributor-retailer must fix the damage as soon as practicable.\ns 53BO ins 2010 No. 20 s 9\namd 2014 No. 16 s 9\n(sec.53BO-ssec.1) The distributor-retailer must— complete the work as soon as practicable; and restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and remove any rubbish or surplus earth caused by the work; and comply with— the conditions of any relevant public entity approval or consent arrangement; and any relevant provisions of the Water Supply Act and any other relevant law.\n(sec.53BO-ssec.2) If, in carrying out the work, the distributor-retailer causes damage to the place, the distributor-retailer must fix the damage as soon as practicable.\n- (a) complete the work as soon as practicable; and\n- (b) restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and\n- (c) remove any rubbish or surplus earth caused by the work; and\n- (d) comply with— (i) the conditions of any relevant public entity approval or consent arrangement; and (ii) any relevant provisions of the Water Supply Act and any other relevant law.\n- (i) the conditions of any relevant public entity approval or consent arrangement; and\n- (ii) any relevant provisions of the Water Supply Act and any other relevant law.\n- (i) the conditions of any relevant public entity approval or consent arrangement; and\n- (ii) any relevant provisions of the Water Supply Act and any other relevant law.","sortOrder":145},{"sectionNumber":"sec.53BP","sectionType":"section","heading":"Maintenance","content":"### sec.53BP Maintenance\n\nThis section applies if the distributor-retailer has opened or broken up the place or any part of it and has, under section 53BO , restored the place or part.\nThe distributor-retailer must carry out maintenance to ensure the place or part of it is kept in good repair until the later of the following periods to end—\nthe period that ends 3 months after the restoration was finished;\nif, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following—\nthe day the subsidence ends;\nthe first anniversary of the day the restoration was finished.\nThe maintenance must be carried out in the way agreed between the public entity and the distributor-retailer.\ns 53BP ins 2010 No. 20 s 9\n(sec.53BP-ssec.1) This section applies if the distributor-retailer has opened or broken up the place or any part of it and has, under section 53BO , restored the place or part.\n(sec.53BP-ssec.2) The distributor-retailer must carry out maintenance to ensure the place or part of it is kept in good repair until the later of the following periods to end— the period that ends 3 months after the restoration was finished; if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following— the day the subsidence ends; the first anniversary of the day the restoration was finished.\n(sec.53BP-ssec.3) The maintenance must be carried out in the way agreed between the public entity and the distributor-retailer.\n- (a) the period that ends 3 months after the restoration was finished;\n- (b) if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following— (i) the day the subsidence ends; (ii) the first anniversary of the day the restoration was finished.\n- (i) the day the subsidence ends;\n- (ii) the first anniversary of the day the restoration was finished.\n- (i) the day the subsidence ends;\n- (ii) the first anniversary of the day the restoration was finished.","sortOrder":146},{"sectionNumber":"ch.2B-pt.2-div.3","sectionType":"division","heading":"Work directions","content":"## Work directions","sortOrder":147},{"sectionNumber":"sec.53BQ","sectionType":"section","heading":"Power to give work direction","content":"### sec.53BQ Power to give work direction\n\nThis section applies if—\na distributor-retailer is carrying out, or has carried out, water infrastructure work on a publicly-controlled place; and\nthe public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 53BK or an obligation under division 2 .\nThe entity may give the distributor-retailer a notice (a work direction ) directing the distributor-retailer to carry out stated work to comply with the condition or obligation within a stated reasonable period.\nThe work direction must—\nidentify the condition or obligation; and\ninclude, or be accompanied by, an information notice about the decision to give the direction.\ns 53BQ ins 2010 No. 20 s 9\n(sec.53BQ-ssec.1) This section applies if— a distributor-retailer is carrying out, or has carried out, water infrastructure work on a publicly-controlled place; and the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 53BK or an obligation under division 2 .\n(sec.53BQ-ssec.2) The entity may give the distributor-retailer a notice (a work direction ) directing the distributor-retailer to carry out stated work to comply with the condition or obligation within a stated reasonable period.\n(sec.53BQ-ssec.3) The work direction must— identify the condition or obligation; and include, or be accompanied by, an information notice about the decision to give the direction.\n- (a) a distributor-retailer is carrying out, or has carried out, water infrastructure work on a publicly-controlled place; and\n- (b) the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 53BK or an obligation under division 2 .\n- (a) identify the condition or obligation; and\n- (b) include, or be accompanied by, an information notice about the decision to give the direction.","sortOrder":148},{"sectionNumber":"sec.53BR","sectionType":"section","heading":"Compliance with work direction","content":"### sec.53BR Compliance with work direction\n\nA distributor-retailer to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction.\nIf the distributor-retailer does not comply with subsection (1) , the entity may carry out the relevant work.\nIn carrying out the work, the entity must comply with any relevant provisions of the Water Supply Act and any other relevant law.\ns 53BR ins 2010 No. 20 s 9\n(sec.53BR-ssec.1) A distributor-retailer to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction.\n(sec.53BR-ssec.2) If the distributor-retailer does not comply with subsection (1) , the entity may carry out the relevant work.\n(sec.53BR-ssec.3) In carrying out the work, the entity must comply with any relevant provisions of the Water Supply Act and any other relevant law.","sortOrder":149},{"sectionNumber":"sec.53BS","sectionType":"section","heading":"Costs of carrying out directed work","content":"### sec.53BS Costs of carrying out directed work\n\nA distributor-retailer to whom a work direction has been given must bear the costs of complying with the direction.\nIf, under section 53BR (2) , the public entity has carried out the relevant work, it may recover from the distributor-retailer as a debt the amount of its reasonable costs of carrying out the work.\ns 53BS ins 2010 No. 20 s 9\n(sec.53BS-ssec.1) A distributor-retailer to whom a work direction has been given must bear the costs of complying with the direction.\n(sec.53BS-ssec.2) If, under section 53BR (2) , the public entity has carried out the relevant work, it may recover from the distributor-retailer as a debt the amount of its reasonable costs of carrying out the work.","sortOrder":150},{"sectionNumber":"ch.2B-pt.3","sectionType":"part","heading":"Public entity work","content":"# Public entity work","sortOrder":151},{"sectionNumber":"sec.53BT","sectionType":"section","heading":"Application of pt 3","content":"### sec.53BT Application of pt 3\n\nThis part applies if a public entity for a publicly-controlled place proposes to do work ( public entity work ) that is likely to affect the safety, location or operation of a distributor-retailer’s water infrastructure.\ns 53BT ins 2010 No. 20 s 9","sortOrder":152},{"sectionNumber":"sec.53BU","sectionType":"section","heading":"Requirement to consult if water infrastructure affected","content":"### sec.53BU Requirement to consult if water infrastructure affected\n\nThe public entity must give the distributor-retailer a notice stating—\ndetails of the proposed public entity work; and\nthat the distributor-retailer may, within a stated period, make written submissions to the entity about the proposal.\nThe stated period must not end before 30 business days after the notice is given.\nBefore deciding to make the change, the entity must consider any written submission made by the distributor-retailer within the stated period.\nSee also section 53CF (Obligation to give public entity information).\ns 53BU ins 2010 No. 20 s 9\n(sec.53BU-ssec.1) The public entity must give the distributor-retailer a notice stating— details of the proposed public entity work; and that the distributor-retailer may, within a stated period, make written submissions to the entity about the proposal.\n(sec.53BU-ssec.2) The stated period must not end before 30 business days after the notice is given.\n(sec.53BU-ssec.3) Before deciding to make the change, the entity must consider any written submission made by the distributor-retailer within the stated period. See also section 53CF (Obligation to give public entity information).\n- (a) details of the proposed public entity work; and\n- (b) that the distributor-retailer may, within a stated period, make written submissions to the entity about the proposal.","sortOrder":153},{"sectionNumber":"sec.53BV","sectionType":"section","heading":"Power to require consequential work","content":"### sec.53BV Power to require consequential work\n\nThis section applies if—\nthe public entity has complied with section 53BU ; and\nto carry out the public entity work, it is reasonably necessary for any of the following work to be done ( consequential work )—\nchanging the position of the water infrastructure;\ncarrying out other work relating to the water infrastructure.\nThe entity may, by notice (a consequential work requirement ), require the distributor-retailer to do the consequential work within a stated reasonable period.\ns 53BV ins 2010 No. 20 s 9\n(sec.53BV-ssec.1) This section applies if— the public entity has complied with section 53BU ; and to carry out the public entity work, it is reasonably necessary for any of the following work to be done ( consequential work )— changing the position of the water infrastructure; carrying out other work relating to the water infrastructure.\n(sec.53BV-ssec.2) The entity may, by notice (a consequential work requirement ), require the distributor-retailer to do the consequential work within a stated reasonable period.\n- (a) the public entity has complied with section 53BU ; and\n- (b) to carry out the public entity work, it is reasonably necessary for any of the following work to be done ( consequential work )— (i) changing the position of the water infrastructure; (ii) carrying out other work relating to the water infrastructure.\n- (i) changing the position of the water infrastructure;\n- (ii) carrying out other work relating to the water infrastructure.\n- (i) changing the position of the water infrastructure;\n- (ii) carrying out other work relating to the water infrastructure.","sortOrder":154},{"sectionNumber":"sec.53BW","sectionType":"section","heading":"Compliance with consequential work requirement","content":"### sec.53BW Compliance with consequential work requirement\n\nA distributor-retailer of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.\nIf the distributor-retailer does not comply with subsection (1) , the entity may carry out the relevant consequential work.\nIn carrying out the work, the entity must comply with any relevant provisions of the Water Supply Act and any relevant law.\ns 53BW ins 2010 No. 20 s 9\n(sec.53BW-ssec.1) A distributor-retailer of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.\n(sec.53BW-ssec.2) If the distributor-retailer does not comply with subsection (1) , the entity may carry out the relevant consequential work.\n(sec.53BW-ssec.3) In carrying out the work, the entity must comply with any relevant provisions of the Water Supply Act and any relevant law.","sortOrder":155},{"sectionNumber":"sec.53BX","sectionType":"section","heading":"Costs of carrying out required consequential work","content":"### sec.53BX Costs of carrying out required consequential work\n\nA public entity must bear the costs of complying with any consequential work requirement it makes.\nIf the relevant distributor-retailer has complied with section 53BW (1) , the distributor-retailer may recover from the entity as a debt the amount of the distributor-retailer’s reasonable costs of carrying out the work.\ns 53BX ins 2010 No. 20 s 9\n(sec.53BX-ssec.1) A public entity must bear the costs of complying with any consequential work requirement it makes.\n(sec.53BX-ssec.2) If the relevant distributor-retailer has complied with section 53BW (1) , the distributor-retailer may recover from the entity as a debt the amount of the distributor-retailer’s reasonable costs of carrying out the work.","sortOrder":156},{"sectionNumber":"ch.2B-pt.4","sectionType":"part","heading":"Water infrastructure interfering with publicly-controlled place","content":"# Water infrastructure interfering with publicly-controlled place","sortOrder":157},{"sectionNumber":"sec.53BY","sectionType":"section","heading":"Application of pt 4","content":"### sec.53BY Application of pt 4\n\nThis part applies if a distributor-retailer’s water infrastructure on a publicly-controlled place interferes with the use of the place by the public entity or the public.\ns 53BY ins 2010 No. 20 s 9","sortOrder":158},{"sectionNumber":"sec.53BZ","sectionType":"section","heading":"Remedial action by public entity in emergency","content":"### sec.53BZ Remedial action by public entity in emergency\n\nIf, because of an emergency, it is necessary to take action ( remedial action ) to ensure the water infrastructure ceases to interfere with the use of the place, the public entity may take the remedial action.\ns 53BZ ins 2010 No. 20 s 9","sortOrder":159},{"sectionNumber":"sec.53CA","sectionType":"section","heading":"Power to require remedial action","content":"### sec.53CA Power to require remedial action\n\nThe public entity may, by notice (a remedial action requirement ), require the distributor-retailer to take remedial action within a stated reasonable period.\ns 53CA ins 2010 No. 20 s 9","sortOrder":160},{"sectionNumber":"sec.53CB","sectionType":"section","heading":"Compliance with remedial action requirement","content":"### sec.53CB Compliance with remedial action requirement\n\nIf the distributor-retailer is given a remedial action requirement, the distributor-retailer must comply with the requirement to the reasonable satisfaction of the public entity.\nIf the distributor-retailer does not comply with subsection (1) , the entity may take the relevant remedial action.\nIn taking the remedial action, the entity must comply with any relevant provisions of the Water Supply Act and any other relevant law.\ns 53CB ins 2010 No. 20 s 9\n(sec.53CB-ssec.1) If the distributor-retailer is given a remedial action requirement, the distributor-retailer must comply with the requirement to the reasonable satisfaction of the public entity.\n(sec.53CB-ssec.2) If the distributor-retailer does not comply with subsection (1) , the entity may take the relevant remedial action.\n(sec.53CB-ssec.3) In taking the remedial action, the entity must comply with any relevant provisions of the Water Supply Act and any other relevant law.","sortOrder":161},{"sectionNumber":"sec.53CC","sectionType":"section","heading":"Costs of taking required remedial action","content":"### sec.53CC Costs of taking required remedial action\n\nThe distributor-retailer must bear the costs of complying with a remedial action requirement.\nIf, under section 53CB (2) , the public entity takes the remedial action, it may recover from the distributor-retailer as a debt the amount of the entity’s reasonable costs of taking the action.\ns 53CC ins 2010 No. 20 s 9\n(sec.53CC-ssec.1) The distributor-retailer must bear the costs of complying with a remedial action requirement.\n(sec.53CC-ssec.2) If, under section 53CB (2) , the public entity takes the remedial action, it may recover from the distributor-retailer as a debt the amount of the entity’s reasonable costs of taking the action.","sortOrder":162},{"sectionNumber":"ch.2B-pt.5","sectionType":"part","heading":"Water infrastructure work and roads","content":"# Water infrastructure work and roads","sortOrder":163},{"sectionNumber":"sec.53CD","sectionType":"section","heading":"Application of pt 5","content":"### sec.53CD Application of pt 5\n\nThis part applies for particular water infrastructure that a distributor-retailer has or constructs, augments, alters or maintains on a road.\ns 53CD ins 2010 No. 20 s 9","sortOrder":164},{"sectionNumber":"sec.53CE","sectionType":"section","heading":"Record obligation","content":"### sec.53CE Record obligation\n\nThe distributor-retailer must prepare records that adequately define the location of the water infrastructure on the road.\ns 53CE ins 2010 No. 20 s 9","sortOrder":165},{"sectionNumber":"sec.53CF","sectionType":"section","heading":"Obligation to give public entity information","content":"### sec.53CF Obligation to give public entity information\n\nIf the public entity for the road asks, the distributor-retailer must, within a reasonable period, give the public entity information that adequately defines the location of the water infrastructure on a stated part of the road.\nA request under subsection (1) is an information request .\ns 53CF ins 2010 No. 20 s 9\n(sec.53CF-ssec.1) If the public entity for the road asks, the distributor-retailer must, within a reasonable period, give the public entity information that adequately defines the location of the water infrastructure on a stated part of the road.\n(sec.53CF-ssec.2) A request under subsection (1) is an information request .","sortOrder":166},{"sectionNumber":"sec.53CG","sectionType":"section","heading":"Exclusion of liability for particular damage by public entity to water infrastructure","content":"### sec.53CG Exclusion of liability for particular damage by public entity to water infrastructure\n\nThis section applies if—\nthe public entity for the road causes damage to the water infrastructure and has not agreed to be liable for the damage; and\nbefore the damage happened the public entity made an information request to the distributor-retailer.\nThe public entity is not liable for the damage if—\neither—\nthe request was not complied with within a reasonable period before the damage happened; or\ninformation given in response to the request did not adequately define the location of the water infrastructure; and\nthe damage would not have happened had the request been complied with or had the information given adequately defined the location.\ns 53CG ins 2010 No. 20 s 9\n(sec.53CG-ssec.1) This section applies if— the public entity for the road causes damage to the water infrastructure and has not agreed to be liable for the damage; and before the damage happened the public entity made an information request to the distributor-retailer.\n(sec.53CG-ssec.2) The public entity is not liable for the damage if— either— the request was not complied with within a reasonable period before the damage happened; or information given in response to the request did not adequately define the location of the water infrastructure; and the damage would not have happened had the request been complied with or had the information given adequately defined the location.\n- (a) the public entity for the road causes damage to the water infrastructure and has not agreed to be liable for the damage; and\n- (b) before the damage happened the public entity made an information request to the distributor-retailer.\n- (a) either— (i) the request was not complied with within a reasonable period before the damage happened; or (ii) information given in response to the request did not adequately define the location of the water infrastructure; and\n- (i) the request was not complied with within a reasonable period before the damage happened; or\n- (ii) information given in response to the request did not adequately define the location of the water infrastructure; and\n- (b) the damage would not have happened had the request been complied with or had the information given adequately defined the location.\n- (i) the request was not complied with within a reasonable period before the damage happened; or\n- (ii) information given in response to the request did not adequately define the location of the water infrastructure; and","sortOrder":167},{"sectionNumber":"sec.53CH","sectionType":"section","heading":"Liability for additional public entity road work expenses","content":"### sec.53CH Liability for additional public entity road work expenses\n\nThis section applies if—\nthe public entity for the road carries out road works in or on the road; and\nit made an information request of the distributor-retailer before carrying out the road works.\nSee however section 109 (Deferral of distributor-retailer’s liability for additional public entity road work expenses).\nThe distributor-retailer is liable to pay the public entity any additional expense the public entity incurred in carrying out the road works because of the location of the water infrastructure if—\neither—\nthe request was not complied with within a reasonable period before the road works were carried out; or\ninformation given in response to the request did not adequately define the location; and\nthe additional expense would not have been incurred had the request been complied with or had the information given adequately defined the location.\nHowever, subsection (2) does not apply if—\nthe road works were not provided for in a plan by the public entity given to the distributor-retailer within a reasonable period before the road works were carried out; and\nthe public entity gave a public entity approval for all water infrastructure work for the water infrastructure; and\nthe distributor-retailer has not contravened any condition of the approval.\nSee also section 108 (Public entity approvals taken to be given for existing water infrastructure work).\ns 53CH ins 2010 No. 20 s 9\n(sec.53CH-ssec.1) This section applies if— the public entity for the road carries out road works in or on the road; and it made an information request of the distributor-retailer before carrying out the road works. See however section 109 (Deferral of distributor-retailer’s liability for additional public entity road work expenses).\n(sec.53CH-ssec.2) The distributor-retailer is liable to pay the public entity any additional expense the public entity incurred in carrying out the road works because of the location of the water infrastructure if— either— the request was not complied with within a reasonable period before the road works were carried out; or information given in response to the request did not adequately define the location; and the additional expense would not have been incurred had the request been complied with or had the information given adequately defined the location.\n(sec.53CH-ssec.3) However, subsection (2) does not apply if— the road works were not provided for in a plan by the public entity given to the distributor-retailer within a reasonable period before the road works were carried out; and the public entity gave a public entity approval for all water infrastructure work for the water infrastructure; and the distributor-retailer has not contravened any condition of the approval. See also section 108 (Public entity approvals taken to be given for existing water infrastructure work).\n- (a) the public entity for the road carries out road works in or on the road; and\n- (b) it made an information request of the distributor-retailer before carrying out the road works.\n- (a) either— (i) the request was not complied with within a reasonable period before the road works were carried out; or (ii) information given in response to the request did not adequately define the location; and\n- (i) the request was not complied with within a reasonable period before the road works were carried out; or\n- (ii) information given in response to the request did not adequately define the location; and\n- (b) the additional expense would not have been incurred had the request been complied with or had the information given adequately defined the location.\n- (i) the request was not complied with within a reasonable period before the road works were carried out; or\n- (ii) information given in response to the request did not adequately define the location; and\n- (a) the road works were not provided for in a plan by the public entity given to the distributor-retailer within a reasonable period before the road works were carried out; and\n- (b) the public entity gave a public entity approval for all water infrastructure work for the water infrastructure; and\n- (c) the distributor-retailer has not contravened any condition of the approval.","sortOrder":168},{"sectionNumber":"sec.53CI","sectionType":"section","heading":"Distributor-retailer and public entity may share costs","content":"### sec.53CI Distributor-retailer and public entity may share costs\n\nThe distributor-retailer may arrange with the public entity for the road to share the cost of all or any of—\nacquisition of land associated with the water infrastructure; or\nconstruction, augmentation, alteration or maintenance of the water infrastructure; or\nconstruction of road works affected by the water infrastructure.\nThe arrangement may include all necessary preliminary costs associated with the acquisition, construction, augmentation, alteration or road maintenance.\ns 53CI ins 2010 No. 20 s 9\n(sec.53CI-ssec.1) The distributor-retailer may arrange with the public entity for the road to share the cost of all or any of— acquisition of land associated with the water infrastructure; or construction, augmentation, alteration or maintenance of the water infrastructure; or construction of road works affected by the water infrastructure.\n(sec.53CI-ssec.2) The arrangement may include all necessary preliminary costs associated with the acquisition, construction, augmentation, alteration or road maintenance.\n- (a) acquisition of land associated with the water infrastructure; or\n- (b) construction, augmentation, alteration or maintenance of the water infrastructure; or\n- (c) construction of road works affected by the water infrastructure.","sortOrder":169},{"sectionNumber":"ch.2B-pt.6","sectionType":"part","heading":"Miscellaneous provision","content":"# Miscellaneous provision","sortOrder":170},{"sectionNumber":"sec.53CJ","sectionType":"section","heading":"Compensation","content":"### sec.53CJ Compensation\n\nThis section applies if a person (a claimant ) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor-retailer.\nHowever, this section does not apply for a public entity for a publicly-controlled place if the power relates to the place for which it is the public entity.\nCompensation for the cost, damage or loss is payable by the distributor-retailer to the claimant.\nThe compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\ns 53CJ ins 2010 No. 20 s 9\n(sec.53CJ-ssec.1) This section applies if a person (a claimant ) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor-retailer.\n(sec.53CJ-ssec.2) However, this section does not apply for a public entity for a publicly-controlled place if the power relates to the place for which it is the public entity.\n(sec.53CJ-ssec.3) Compensation for the cost, damage or loss is payable by the distributor-retailer to the claimant.\n(sec.53CJ-ssec.4) The compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.","sortOrder":171},{"sectionNumber":"ch.2C-pt.1","sectionType":"part","heading":"General provisions about discharge officers, water connection officers and water restriction officers","content":"# General provisions about discharge officers, water connection officers and water restriction officers","sortOrder":172},{"sectionNumber":"sec.53CK","sectionType":"section","heading":"Appointment and other provisions","content":"### sec.53CK Appointment and other provisions\n\nThis section applies if, under the Water Supply Act , a distributor-retailer, as a service provider, appoints a person as an authorised person.\nThe distributor-retailer may also appoint the person as a discharge officer, water connection officer or water restriction officer under this Act if the distributor-retailer is satisfied the person has the necessary expertise or experience.\nHowever, if a regulation prescribes qualifications or other requirements for the appointment of discharge officers, the person may be appointed as a discharge officer only if the person complies with the requirements.\nThe Water Supply Act , sections 45 to 48 apply for the appointment as a discharge officer, water connection officer or water restriction officer and the officer’s office as if—\na reference in the sections to an authorised person were a reference to a discharge officer, water connection officer or water restriction officer; and\nthe reference in section 48 to exercising a power under the Water Supply Act included a reference to exercising a power under this part; and\nwith other necessary changes.\nThe service provider may issue the appointee 1 identity card for all appointments.\ns 53CK ins 2010 No. 20 s 9\namd 2011 No. 31 s 355 ; 2014 No. 16 s 10 ; 2021 No. 18 s 11\n(sec.53CK-ssec.1) This section applies if, under the Water Supply Act , a distributor-retailer, as a service provider, appoints a person as an authorised person.\n(sec.53CK-ssec.2) The distributor-retailer may also appoint the person as a discharge officer, water connection officer or water restriction officer under this Act if the distributor-retailer is satisfied the person has the necessary expertise or experience.\n(sec.53CK-ssec.3) However, if a regulation prescribes qualifications or other requirements for the appointment of discharge officers, the person may be appointed as a discharge officer only if the person complies with the requirements.\n(sec.53CK-ssec.4) The Water Supply Act , sections 45 to 48 apply for the appointment as a discharge officer, water connection officer or water restriction officer and the officer’s office as if— a reference in the sections to an authorised person were a reference to a discharge officer, water connection officer or water restriction officer; and the reference in section 48 to exercising a power under the Water Supply Act included a reference to exercising a power under this part; and with other necessary changes.\n(sec.53CK-ssec.5) The service provider may issue the appointee 1 identity card for all appointments.\n- (a) a reference in the sections to an authorised person were a reference to a discharge officer, water connection officer or water restriction officer; and\n- (b) the reference in section 48 to exercising a power under the Water Supply Act included a reference to exercising a power under this part; and\n- (c) with other necessary changes.","sortOrder":173},{"sectionNumber":"sec.53CL","sectionType":"section","heading":"Functions of a discharge officer","content":"### sec.53CL Functions of a discharge officer\n\nA discharge officer’s functions are to help the distributor-retailer to do the following as a sewerage service provider—\nconsider and decide applications for a trade waste approval or seepage water approval;\nmonitor and enforce compliance with the following provisions of the Water Supply Act —\nchapter 2 , part 6 ;\nchapter 2 , part 7 , to the extent that part relates to trade waste and seepage water, and the distributor-retailer’s infrastructure as a sewerage service provider;\ntake discharge compliance action.\ns 53CL ins 2010 No. 20 s 9\namd 2011 No. 31 s 356 ; 2014 No. 16 s 101 sch 1\n- (a) consider and decide applications for a trade waste approval or seepage water approval;\n- (b) monitor and enforce compliance with the following provisions of the Water Supply Act — (i) chapter 2 , part 6 ; (ii) chapter 2 , part 7 , to the extent that part relates to trade waste and seepage water, and the distributor-retailer’s infrastructure as a sewerage service provider;\n- (i) chapter 2 , part 6 ;\n- (ii) chapter 2 , part 7 , to the extent that part relates to trade waste and seepage water, and the distributor-retailer’s infrastructure as a sewerage service provider;\n- (c) take discharge compliance action.\n- (i) chapter 2 , part 6 ;\n- (ii) chapter 2 , part 7 , to the extent that part relates to trade waste and seepage water, and the distributor-retailer’s infrastructure as a sewerage service provider;","sortOrder":174},{"sectionNumber":"sec.53CLA","sectionType":"section","heading":"Functions of a water connection officer","content":"### sec.53CLA Functions of a water connection officer\n\nA water connection officer’s functions are to help the distributor-retailer to do the following—\nmonitor and enforce compliance with the Water Supply Act , chapter 2 , part 7 , other than to the extent that part relates to trade waste and seepage water;\nmonitor and enforce compliance with chapter 4C , part 5 ;\ntake water connection compliance action.\ns 53CLA ins 2014 No. 16 s 11\n- (a) monitor and enforce compliance with the Water Supply Act , chapter 2 , part 7 , other than to the extent that part relates to trade waste and seepage water;\n- (b) monitor and enforce compliance with chapter 4C , part 5 ;\n- (c) take water connection compliance action.","sortOrder":175},{"sectionNumber":"sec.53CLB","sectionType":"section","heading":"Functions of a water restriction officer","content":"### sec.53CLB Functions of a water restriction officer\n\nA water restriction officer’s functions are to help the distributor-retailer monitor and enforce compliance with the restrictions imposed under the Water Supply Act , chapter 2 , part 3 , division 3 .\ns 53CLB ins 2021 No. 18 s 12","sortOrder":176},{"sectionNumber":"ch.2C-pt.2","sectionType":"part","heading":"Powers of discharge officers","content":"# Powers of discharge officers","sortOrder":177},{"sectionNumber":"ch.2C-pt.2-div.1","sectionType":"division","heading":"General powers for entering places","content":"## General powers for entering places","sortOrder":178},{"sectionNumber":"sec.53CM","sectionType":"section","heading":"General powers of entry","content":"### sec.53CM General powers of entry\n\nA discharge officer may enter a place to perform the officer’s functions if—\nit is a place of business the subject of a trade waste approval or seepage water approval and the place is—\nopen for carrying on the business; or\notherwise open for entry; or\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant.\nFor section (1)(a), a place of business does not include a part of the place where a person resides.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect a discharge officer’s powers as an authorised person.\nIn this section—\nseepage water approval includes a seepage water approval the subject of suspension under the Water Supply Act .\ntrade waste approval includes a trade waste approval the subject of suspension under the Water Supply Act .\ns 53CM ins 2010 No. 20 s 9\namd 2011 No. 31 s 358\n(sec.53CM-ssec.1) A discharge officer may enter a place to perform the officer’s functions if— it is a place of business the subject of a trade waste approval or seepage water approval and the place is— open for carrying on the business; or otherwise open for entry; or an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant.\n(sec.53CM-ssec.2) For section (1)(a), a place of business does not include a part of the place where a person resides.\n(sec.53CM-ssec.3) To remove any doubt, it is declared that this section does not limit or otherwise affect a discharge officer’s powers as an authorised person.\n(sec.53CM-ssec.4) In this section— seepage water approval includes a seepage water approval the subject of suspension under the Water Supply Act . trade waste approval includes a trade waste approval the subject of suspension under the Water Supply Act .\n- (a) it is a place of business the subject of a trade waste approval or seepage water approval and the place is— (i) open for carrying on the business; or (ii) otherwise open for entry; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (b) an occupier of the place consents to the entry; or\n- (c) it is a public place and the entry is made when it is open to the public; or\n- (d) the entry is authorised by a warrant.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or","sortOrder":179},{"sectionNumber":"ch.2C-pt.2-div.2","sectionType":"division","heading":"Entry to take discharge compliance action","content":"## Entry to take discharge compliance action","sortOrder":180},{"sectionNumber":"sec.53CN","sectionType":"section","heading":"Power to enter","content":"### sec.53CN Power to enter\n\nThis section applies if a distributor-retailer may take discharge compliance action.\nSee section 53DM (Action distributor-retailer may take if discharge compliance notice contravened).\nA discharge officer may enter the place the subject of the relevant trade waste approval or seepage water approval at any reasonable time to take the action for the distributor-retailer.\nHowever, the discharge officer can not under subsection (2) enter any part of the place where a person resides.\ns 53CN ins 2010 No. 20 s 9\namd 2011 No. 31 s 360\n(sec.53CN-ssec.1) This section applies if a distributor-retailer may take discharge compliance action. See section 53DM (Action distributor-retailer may take if discharge compliance notice contravened).\n(sec.53CN-ssec.2) A discharge officer may enter the place the subject of the relevant trade waste approval or seepage water approval at any reasonable time to take the action for the distributor-retailer.\n(sec.53CN-ssec.3) However, the discharge officer can not under subsection (2) enter any part of the place where a person resides.","sortOrder":181},{"sectionNumber":"ch.2C-pt.2-div.3","sectionType":"division","heading":"Approved inspection programs","content":"## Approved inspection programs","sortOrder":182},{"sectionNumber":"sec.53CO","sectionType":"section","heading":"Power to enter place subject to approved inspection program","content":"### sec.53CO Power to enter place subject to approved inspection program\n\nA discharge officer may, under an approved inspection program, enter a place at any reasonable time of the day or night without the consent of the occupier of the place.\nHowever, a discharge officer can not under an approved inspection program enter any part of a place where a person resides.\nTo remove any doubt, it is declared that—\nthe power under subsection (1) does not limit or otherwise affect any other power under this chapter; and\na discharge officer may inspect places other than as provided for under the program.\ns 53CO ins 2010 No. 20 s 9\namd 2011 No. 31 s 361\n(sec.53CO-ssec.1) A discharge officer may, under an approved inspection program, enter a place at any reasonable time of the day or night without the consent of the occupier of the place.\n(sec.53CO-ssec.2) However, a discharge officer can not under an approved inspection program enter any part of a place where a person resides.\n(sec.53CO-ssec.3) To remove any doubt, it is declared that— the power under subsection (1) does not limit or otherwise affect any other power under this chapter; and a discharge officer may inspect places other than as provided for under the program.\n- (a) the power under subsection (1) does not limit or otherwise affect any other power under this chapter; and\n- (b) a discharge officer may inspect places other than as provided for under the program.","sortOrder":183},{"sectionNumber":"sec.53CP","sectionType":"section","heading":"Approving an inspection program","content":"### sec.53CP Approving an inspection program\n\nA distributor-retailer may, by a board resolution, approve a program under which a discharge officer may enter and inspect places in the distributor-retailer’s geographic area to perform a discharge officer’s functions.\nAn approved inspection program may—\nallow a discharge officer to enter and inspect all places, or all places of a particular type, in the distributor-retailer’s geographic area (a systematic inspection program ); or\nallow a discharge officer to enter and inspect those places in the distributor-retailer’s geographic area that have been selected in accordance with objective criteria stated in the resolution (a selective inspection program ).\nThe resolution must state the following for the program—\nits purpose;\nwhen it starts;\nfor a systematic inspection program that allows a type of place to be entered and inspected, a description of the type of place;\nfor a selective inspection program, objective criteria for selecting the places to be entered and inspected;\nthe period (the program period ) over which it is to be carried out.\nThe program period can not be more than 6 months or another period prescribed under a regulation.\nThe distributor-retailer must give public notice of the approval of an inspection program in the way required under section 53CQ .\nThe public notice must be given for a period at least 14 days, but no more than 28 days, before the program starts.\ns 53CP ins 2010 No. 20 s 9\namd 2011 No. 31 s 362\n(sec.53CP-ssec.1) A distributor-retailer may, by a board resolution, approve a program under which a discharge officer may enter and inspect places in the distributor-retailer’s geographic area to perform a discharge officer’s functions.\n(sec.53CP-ssec.2) An approved inspection program may— allow a discharge officer to enter and inspect all places, or all places of a particular type, in the distributor-retailer’s geographic area (a systematic inspection program ); or allow a discharge officer to enter and inspect those places in the distributor-retailer’s geographic area that have been selected in accordance with objective criteria stated in the resolution (a selective inspection program ).\n(sec.53CP-ssec.3) The resolution must state the following for the program— its purpose; when it starts; for a systematic inspection program that allows a type of place to be entered and inspected, a description of the type of place; for a selective inspection program, objective criteria for selecting the places to be entered and inspected; the period (the program period ) over which it is to be carried out.\n(sec.53CP-ssec.4) The program period can not be more than 6 months or another period prescribed under a regulation.\n(sec.53CP-ssec.5) The distributor-retailer must give public notice of the approval of an inspection program in the way required under section 53CQ .\n(sec.53CP-ssec.6) The public notice must be given for a period at least 14 days, but no more than 28 days, before the program starts.\n- (a) allow a discharge officer to enter and inspect all places, or all places of a particular type, in the distributor-retailer’s geographic area (a systematic inspection program ); or\n- (b) allow a discharge officer to enter and inspect those places in the distributor-retailer’s geographic area that have been selected in accordance with objective criteria stated in the resolution (a selective inspection program ).\n- (a) its purpose;\n- (b) when it starts;\n- (c) for a systematic inspection program that allows a type of place to be entered and inspected, a description of the type of place;\n- (d) for a selective inspection program, objective criteria for selecting the places to be entered and inspected;\n- (e) the period (the program period ) over which it is to be carried out.","sortOrder":184},{"sectionNumber":"sec.53CQ","sectionType":"section","heading":"Content of public notice and access requirements","content":"### sec.53CQ Content of public notice and access requirements\n\nThis section states, for section 53CP (5) , the way in which a distributor-retailer must give public notice of the approval of an inspection program.\nThe distributor-retailer must—\npublish the notice on the distributor-retailer’s website; and\nensure the notice is not removed from the website during the program period.\nThe notice must state the following—\nthe distributor-retailer’s name;\nthe purpose and scope of the approved inspection program, in general terms;\nwhen the program starts;\nthe program period;\nthat the public may inspect a copy of the resolution that approved the program at the distributor-retailer’s public office until the end of the program;\nthat a copy of the resolution that approved the program may be purchased at the distributor-retailer’s public office until the end of the program;\nthe price (the stated price ) of a copy of the resolution.\nThe stated price can not be more than the cost to the distributor-retailer of making the copy available for purchase.\nFrom when the notice is published until the program ends—\nthe public may inspect a copy of the resolution at the distributor-retailer’s public office; and\ncopies of the resolution must be available for purchase at the distributor-retailer’s public office at the stated price.\ns 53CQ ins 2010 No. 20 s 9\namd 2023 No. 24 s 5\n(sec.53CQ-ssec.1) This section states, for section 53CP (5) , the way in which a distributor-retailer must give public notice of the approval of an inspection program.\n(sec.53CQ-ssec.2) The distributor-retailer must— publish the notice on the distributor-retailer’s website; and ensure the notice is not removed from the website during the program period.\n(sec.53CQ-ssec.3) The notice must state the following— the distributor-retailer’s name; the purpose and scope of the approved inspection program, in general terms; when the program starts; the program period; that the public may inspect a copy of the resolution that approved the program at the distributor-retailer’s public office until the end of the program; that a copy of the resolution that approved the program may be purchased at the distributor-retailer’s public office until the end of the program; the price (the stated price ) of a copy of the resolution.\n(sec.53CQ-ssec.4) The stated price can not be more than the cost to the distributor-retailer of making the copy available for purchase.\n(sec.53CQ-ssec.5) From when the notice is published until the program ends— the public may inspect a copy of the resolution at the distributor-retailer’s public office; and copies of the resolution must be available for purchase at the distributor-retailer’s public office at the stated price.\n- (a) publish the notice on the distributor-retailer’s website; and\n- (b) ensure the notice is not removed from the website during the program period.\n- (a) the distributor-retailer’s name;\n- (b) the purpose and scope of the approved inspection program, in general terms;\n- (c) when the program starts;\n- (d) the program period;\n- (e) that the public may inspect a copy of the resolution that approved the program at the distributor-retailer’s public office until the end of the program;\n- (f) that a copy of the resolution that approved the program may be purchased at the distributor-retailer’s public office until the end of the program;\n- (g) the price (the stated price ) of a copy of the resolution.\n- (a) the public may inspect a copy of the resolution at the distributor-retailer’s public office; and\n- (b) copies of the resolution must be available for purchase at the distributor-retailer’s public office at the stated price.","sortOrder":185},{"sectionNumber":"ch.2C-pt.2-div.4","sectionType":"division","heading":"Obtaining warrants","content":"## Obtaining warrants","sortOrder":186},{"sectionNumber":"sec.53CR","sectionType":"section","heading":"Application for warrant","content":"### sec.53CR Application for warrant\n\nA discharge officer may apply to a magistrate for a warrant for a place.\nThe discharge officer must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the discharge officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\ns 53CR ins 2010 No. 20 s 9\namd 2011 No. 31 s 363\n(sec.53CR-ssec.1) A discharge officer may apply to a magistrate for a warrant for a place.\n(sec.53CR-ssec.2) The discharge officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.53CR-ssec.3) The written application must be sworn.\n(sec.53CR-ssec.4) The magistrate may refuse to consider the application until the discharge officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":187},{"sectionNumber":"sec.53CS","sectionType":"section","heading":"Issue of warrant","content":"### sec.53CS Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of a discharge offence; and\nthe evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated discharge officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for the entry; and\nexercise the discharge officer’s powers under this chapter; and\nparticulars of the offence that the magistrate considers appropriate in the circumstances; and\nthe name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe extent of re-entry permitted; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\nA provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.\ns 53CS ins 2010 No. 20 s 9\namd 2011 No. 31 s 364\n(sec.53CS-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of a discharge offence; and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.53CS-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated discharge officer may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the discharge officer’s powers under this chapter; and particulars of the offence that the magistrate considers appropriate in the circumstances; and the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the extent of re-entry permitted; and the date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.53CS-ssec.3) A provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of a discharge offence; and\n- (b) the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) the place to which the warrant applies; and\n- (b) that a stated discharge officer may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for the entry; and (ii) exercise the discharge officer’s powers under this chapter; and\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the discharge officer’s powers under this chapter; and\n- (c) particulars of the offence that the magistrate considers appropriate in the circumstances; and\n- (d) the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the extent of re-entry permitted; and\n- (h) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for the entry; and\n- (ii) exercise the discharge officer’s powers under this chapter; and","sortOrder":188},{"sectionNumber":"sec.53CT","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.53CT Application by electronic communication and duplicate warrant\n\nAn application under section 53CR may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the discharge officer reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the discharge officer’s remote location.\nThe application—\nmay not be made before the discharge officer prepares the written application under section 53CR (2) ; but\nmay be made before the written application is sworn.\nThe magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under subsection (1) ; and\nthe way the application was made under subsection (1) was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the discharge officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the officer; or\notherwise—\nthe magistrate must tell the discharge officer the date and time the warrant is issued and the other terms of the warrant; and\nthe discharge officer must complete a form of warrant, including by writing on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe discharge officer must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 53CR (2) and (3) ; and\nif the discharge officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 53CR .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\ns 53CT ins 2010 No. 20 s 9\namd 2011 No. 31 s 365\n(sec.53CT-ssec.1) An application under section 53CR may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the discharge officer reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the discharge officer’s remote location.\n(sec.53CT-ssec.2) The application— may not be made before the discharge officer prepares the written application under section 53CR (2) ; but may be made before the written application is sworn.\n(sec.53CT-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.\n(sec.53CT-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the discharge officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the officer; or otherwise— the magistrate must tell the discharge officer the date and time the warrant is issued and the other terms of the warrant; and the discharge officer must complete a form of warrant, including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sec.53CT-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.53CT-ssec.6) The discharge officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 53CR (2) and (3) ; and if the discharge officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.53CT-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.53CT-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.53CT-ssec.9) This section does not limit section 53CR .\n(sec.53CT-ssec.10) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the discharge officer’s remote location.\n- (a) may not be made before the discharge officer prepares the written application under section 53CR (2) ; but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subsection (1) ; and\n- (b) the way the application was made under subsection (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the discharge officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the officer; or\n- (b) otherwise— (i) the magistrate must tell the discharge officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the discharge officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the magistrate must tell the discharge officer the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the discharge officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the magistrate must tell the discharge officer the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the discharge officer must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (a) the written application complying with section 53CR (2) and (3) ; and\n- (b) if the discharge officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":189},{"sectionNumber":"sec.53CU","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.53CU Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant, or in compliance with section 53CR , 53CS or 53CT , unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 53CT (5) .\ns 53CU ins 2010 No. 20 s 9\n(sec.53CU-ssec.1) A warrant is not invalidated by a defect in the warrant, or in compliance with section 53CR , 53CS or 53CT , unless the defect affects the substance of the warrant in a material particular.\n(sec.53CU-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 53CT (5) .","sortOrder":190},{"sectionNumber":"ch.2C-pt.2-div.5","sectionType":"division","heading":"Procedure for entries","content":"## Procedure for entries","sortOrder":191},{"sectionNumber":"sec.53CV","sectionType":"section","heading":"Entry with consent","content":"### sec.53CV Entry with consent\n\nThis section applies if a discharge officer intends to ask an occupier of a place to consent to the officer or another discharge officer entering the place under section 53CM (1) (b) .\nFor the purpose of asking an occupier of a place for consent to enter, a discharge officer may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the discharge officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nBefore asking for the consent, the discharge officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the discharge officer may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the discharge officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the discharge officer must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (5) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 53CV ins 2010 No. 20 s 9\namd 2011 No. 31 s 366\n(sec.53CV-ssec.1) This section applies if a discharge officer intends to ask an occupier of a place to consent to the officer or another discharge officer entering the place under section 53CM (1) (b) .\n(sec.53CV-ssec.2) For the purpose of asking an occupier of a place for consent to enter, a discharge officer may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the discharge officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.53CV-ssec.3) Before asking for the consent, the discharge officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.53CV-ssec.4) If the consent is given, the discharge officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.53CV-ssec.5) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the discharge officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.53CV-ssec.6) If the occupier signs the acknowledgement, the discharge officer must immediately give a copy to the occupier.\n(sec.53CV-ssec.7) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (5) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the discharge officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the discharge officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (5) for the entry is not produced in evidence;","sortOrder":192},{"sectionNumber":"sec.53CW","sectionType":"section","heading":"Entry under warrant","content":"### sec.53CW Entry under warrant\n\nThis section applies if a discharge officer named in a warrant issued under this part for a place is intending to enter the place under the warrant.\nBefore entering the place, the discharge officer must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the discharge officer’s identity card or other document evidencing the officer’s appointment;\ngive the person a copy of the warrant;\ntell the person the discharge officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the discharge officer immediate entry to the place without using force.\nHowever, the discharge officer need not comply with subsection (2) if the officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 53CT (5) .\ns 53CW ins 2010 No. 20 s 9\namd 2011 No. 31 s 367\n(sec.53CW-ssec.1) This section applies if a discharge officer named in a warrant issued under this part for a place is intending to enter the place under the warrant.\n(sec.53CW-ssec.2) Before entering the place, the discharge officer must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the discharge officer’s identity card or other document evidencing the officer’s appointment; give the person a copy of the warrant; tell the person the discharge officer is permitted by the warrant to enter the place; give the person an opportunity to allow the discharge officer immediate entry to the place without using force.\n(sec.53CW-ssec.3) However, the discharge officer need not comply with subsection (2) if the officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.53CW-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 53CT (5) .\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the discharge officer’s identity card or other document evidencing the officer’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the discharge officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the discharge officer immediate entry to the place without using force.","sortOrder":193},{"sectionNumber":"sec.53CX","sectionType":"section","heading":"Other entries","content":"### sec.53CX Other entries\n\nThis section applies if a discharge officer proposes to enter a place other than with consent of its occupier or by a warrant.\nBefore entering the place, the discharge officer must do or make a reasonable attempt to do the following things—\ncomply with the Water Supply Act , section 48 , as applied under section 53CK (4) , for any occupier of the place who is present at the place;\nWater Supply Act , section 48 (Producing and displaying identity card)\ntell the occupier the purpose of the entry;\ntell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\nAlso, if the entry is under an approved inspection program, the discharge officer must give the occupier details of the program.\ns 53CX ins 2010 No. 20 s 9\namd 2011 No. 31 s 368\n(sec.53CX-ssec.1) This section applies if a discharge officer proposes to enter a place other than with consent of its occupier or by a warrant.\n(sec.53CX-ssec.2) Before entering the place, the discharge officer must do or make a reasonable attempt to do the following things— comply with the Water Supply Act , section 48 , as applied under section 53CK (4) , for any occupier of the place who is present at the place; Water Supply Act , section 48 (Producing and displaying identity card) tell the occupier the purpose of the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\n(sec.53CX-ssec.3) Also, if the entry is under an approved inspection program, the discharge officer must give the occupier details of the program.\n- (a) comply with the Water Supply Act , section 48 , as applied under section 53CK (4) , for any occupier of the place who is present at the place; Editor’s note— Water Supply Act , section 48 (Producing and displaying identity card)\n- (b) tell the occupier the purpose of the entry;\n- (c) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.","sortOrder":194},{"sectionNumber":"ch.2C-pt.2-div.6","sectionType":"division","heading":"Powers after entry","content":"## Powers after entry","sortOrder":195},{"sectionNumber":"sec.53CY","sectionType":"section","heading":"Application of div 6","content":"### sec.53CY Application of div 6\n\nThis division applies to a discharge officer who enters a place under this part.\nHowever, if a discharge officer enters a place to get the occupier’s consent to enter the place, this division applies to the officer only if the consent is given or the entry is otherwise authorised.\ns 53CY ins 2010 No. 20 s 9\namd 2011 No. 31 s 369\n(sec.53CY-ssec.1) This division applies to a discharge officer who enters a place under this part.\n(sec.53CY-ssec.2) However, if a discharge officer enters a place to get the occupier’s consent to enter the place, this division applies to the officer only if the consent is given or the entry is otherwise authorised.","sortOrder":196},{"sectionNumber":"sec.53CZ","sectionType":"section","heading":"General powers after entry","content":"### sec.53CZ General powers after entry\n\nThe discharge officer may do all or any of the following—\nsearch any part of the place;\ninspect, measure, test, photograph or film any part of the place or anything at the place;\ntake a thing, or a sample of or from a thing, at the place for analysis or testing;\ncopy a document at the place or take the document to another place to copy it;\ntake into or onto the place any person, equipment and materials the discharge officer reasonably requires for the exercise of a power under this part;\nrequire a person at the place to give the discharge officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ;\nrequire a person at the place to give the discharge officer information to help the officer find out whether this Act and the Water Supply Act is being or has been complied with.\nWhen making a requirement under subsection (1) (f) , the discharge officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nIf a discharge officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\ns 53CZ ins 2010 No. 20 s 9\namd 2011 No. 31 s 370\n(sec.53CZ-ssec.1) The discharge officer may do all or any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take a thing, or a sample of or from a thing, at the place for analysis or testing; copy a document at the place or take the document to another place to copy it; take into or onto the place any person, equipment and materials the discharge officer reasonably requires for the exercise of a power under this part; require a person at the place to give the discharge officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ; require a person at the place to give the discharge officer information to help the officer find out whether this Act and the Water Supply Act is being or has been complied with.\n(sec.53CZ-ssec.2) When making a requirement under subsection (1) (f) , the discharge officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.53CZ-ssec.3) If a discharge officer takes a document from a place to copy it, the document must be copied as soon as practicable and returned to the place.\n- (a) search any part of the place;\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place;\n- (c) take a thing, or a sample of or from a thing, at the place for analysis or testing;\n- (d) copy a document at the place or take the document to another place to copy it;\n- (e) take into or onto the place any person, equipment and materials the discharge officer reasonably requires for the exercise of a power under this part;\n- (f) require a person at the place to give the discharge officer reasonable help to exercise the officer’s powers under paragraphs (a) to (e) ;\n- (g) require a person at the place to give the discharge officer information to help the officer find out whether this Act and the Water Supply Act is being or has been complied with.","sortOrder":197},{"sectionNumber":"sec.53DA","sectionType":"section","heading":"Failure to help discharge officer","content":"### sec.53DA Failure to help discharge officer\n\nA person required to give reasonable help under section 53CZ (1) (f) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf the person is an individual, it is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.\ns 53DA ins 2010 No. 20 s 9\namd 2011 No. 31 s 371\n(sec.53DA-ssec.1) A person required to give reasonable help under section 53CZ (1) (f) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.53DA-ssec.2) If the person is an individual, it is a reasonable excuse for the person to fail to comply with the requirement that complying with the requirement might tend to incriminate the person.","sortOrder":198},{"sectionNumber":"ch.2C-pt.2-div.7","sectionType":"division","heading":"Personal details requirements","content":"## Personal details requirements","sortOrder":199},{"sectionNumber":"sec.53DB","sectionType":"section","heading":"Application of div 7","content":"### sec.53DB Application of div 7\n\nThis division applies if a discharge officer—\nfinds a person committing a discharge offence; or\nfinds a person in circumstances that lead the officer to reasonably suspect a person has just committed a discharge offence; or\nhas information that leads the officer to reasonably suspect a person has just committed a discharge offence.\ns 53DB ins 2010 No. 20 s 9\nsub 2010 No. 53 s 148\namd 2011 No. 31 s 372\n- (a) finds a person committing a discharge offence; or\n- (b) finds a person in circumstances that lead the officer to reasonably suspect a person has just committed a discharge offence; or\n- (c) has information that leads the officer to reasonably suspect a person has just committed a discharge offence.","sortOrder":200},{"sectionNumber":"sec.53DC","sectionType":"section","heading":"Power to require name and residential address","content":"### sec.53DC Power to require name and residential address\n\nThe discharge officer may require the person to state the person’s name and residential address.\nWhen making the requirement, the discharge officer must give the person an offence warning.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —35 penalty units.\ns 53DC ins 2010 No. 20 s 9\nsub 2010 No. 53 s 148\namd 2011 No. 31 s 373\n(sec.53DC-ssec.1) The discharge officer may require the person to state the person’s name and residential address.\n(sec.53DC-ssec.2) When making the requirement, the discharge officer must give the person an offence warning.\n(sec.53DC-ssec.3) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (3) —35 penalty units.","sortOrder":201},{"sectionNumber":"sec.53DD","sectionType":"section","heading":"Power to require evidence of name or residential address","content":"### sec.53DD Power to require evidence of name or residential address\n\nThe discharge officer may also require the person to give evidence of the correctness of the stated name or residential address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or residential address; or\notherwise be able to give the evidence.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —35 penalty units.\ns 53DD ins 2010 No. 20 s 9\nsub 2010 No. 53 s 148\namd 2011 No. 31 s 374\n(sec.53DD-ssec.1) The discharge officer may also require the person to give evidence of the correctness of the stated name or residential address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or residential address; or otherwise be able to give the evidence.\n(sec.53DD-ssec.2) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (2) —35 penalty units.\n- (a) be in possession of evidence of the correctness of the stated name or residential address; or\n- (b) otherwise be able to give the evidence.","sortOrder":202},{"sectionNumber":"sec.53DE","sectionType":"section","heading":"Exception if discharge offence not proved","content":"### sec.53DE Exception if discharge offence not proved\n\nThe person does not commit an offence under this division if—\nthe requirement was made because the discharge officer suspected the person has committed a discharge offence; and\nthe person is not proved to have committed the offence.\ns 53DE ins 2010 No. 20 s 9\nsub 2010 No. 53 s 148\namd 2011 No. 31 s 375\n- (a) the requirement was made because the discharge officer suspected the person has committed a discharge offence; and\n- (b) the person is not proved to have committed the offence.","sortOrder":203},{"sectionNumber":"ch.2C-pt.2-div.8","sectionType":"division","heading":"Safeguards","content":"## Safeguards","sortOrder":204},{"sectionNumber":"sec.53DF","sectionType":"section","heading":"Duty to avoid damage","content":"### sec.53DF Duty to avoid damage\n\nIn performing a function or exercising a power under this part, a discharge officer must take all reasonable steps to ensure the officer causes as little inconvenience, and does as little damage, as is practicable.\ns 53DF ins 2010 No. 20 s 9\namd 2011 No. 31 s 376","sortOrder":205},{"sectionNumber":"sec.53DG","sectionType":"section","heading":"Notice of damage","content":"### sec.53DG Notice of damage\n\nThis section applies if—\na discharge officer damages property when exercising or purporting to exercise a power under this part; or\na person (the other person ) acting under the direction or authority of a discharge officer damages property.\nThe discharge officer must immediately give notice of particulars of the damage to a person who appears to the officer to be an owner of the property.\nIf the discharge officer believes the damage was caused by a latent defect in the property or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the discharge officer must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way.\nThis section does not apply to damage the discharge officer reasonably believes is trivial.\nIn this section—\nowner , of property, includes a person in possession or control of it.\ns 53DG ins 2010 No. 20 s 9\namd 2011 No. 31 s 377\n(sec.53DG-ssec.1) This section applies if— a discharge officer damages property when exercising or purporting to exercise a power under this part; or a person (the other person ) acting under the direction or authority of a discharge officer damages property.\n(sec.53DG-ssec.2) The discharge officer must immediately give notice of particulars of the damage to a person who appears to the officer to be an owner of the property.\n(sec.53DG-ssec.3) If the discharge officer believes the damage was caused by a latent defect in the property or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice.\n(sec.53DG-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the discharge officer must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way.\n(sec.53DG-ssec.5) This section does not apply to damage the discharge officer reasonably believes is trivial.\n(sec.53DG-ssec.6) In this section— owner , of property, includes a person in possession or control of it.\n- (a) a discharge officer damages property when exercising or purporting to exercise a power under this part; or\n- (b) a person (the other person ) acting under the direction or authority of a discharge officer damages property.","sortOrder":206},{"sectionNumber":"sec.53DH","sectionType":"section","heading":"Content of notice of damage","content":"### sec.53DH Content of notice of damage\n\nA notice of damage under section 53DG must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 53DI .\nIf the discharge officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice.\ns 53DH ins 2010 No. 20 s 9\namd 2011 No. 31 s 378\n(sec.53DH-ssec.1) A notice of damage under section 53DG must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 53DI .\n(sec.53DH-ssec.2) If the discharge officer believes the damage was caused by a latent defect in the thing or circumstances beyond the officer’s or other person’s control, the officer may state the belief in the notice.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 53DI .","sortOrder":207},{"sectionNumber":"sec.53DI","sectionType":"section","heading":"Compensation from distributor-retailer to owner or occupier","content":"### sec.53DI Compensation from distributor-retailer to owner or occupier\n\nIf a person incurs loss or expense caused directly by the exercise or purported exercise of a power under this part, the person may claim compensation from the distributor-retailer.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\ns 53DI ins 2010 No. 20 s 9\n(sec.53DI-ssec.1) If a person incurs loss or expense caused directly by the exercise or purported exercise of a power under this part, the person may claim compensation from the distributor-retailer.\n(sec.53DI-ssec.2) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.53DI-ssec.3) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.","sortOrder":208},{"sectionNumber":"ch.2C-pt.3","sectionType":"part","heading":"Discharge compliance notices","content":"# Discharge compliance notices","sortOrder":209},{"sectionNumber":"sec.53DJ","sectionType":"section","heading":"Who may give a discharge compliance notice","content":"### sec.53DJ Who may give a discharge compliance notice\n\nThis section applies if a discharge officer reasonably believes—\nthe approval holder—\nis contravening the holder’s trade waste approval or seepage water approval; or\nhas contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated; and\na matter relating to the contravention is reasonably capable of being rectified; and\nit is appropriate to give the approval holder an opportunity to rectify the matter.\nThe discharge officer may give the approval holder a notice (a discharge compliance notice ) requiring the holder to remedy the contravention.\ns 53DJ ins 2010 No. 20 s 9\namd 2011 No. 31 s 380\n(sec.53DJ-ssec.1) This section applies if a discharge officer reasonably believes— the approval holder— is contravening the holder’s trade waste approval or seepage water approval; or has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being rectified; and it is appropriate to give the approval holder an opportunity to rectify the matter.\n(sec.53DJ-ssec.2) The discharge officer may give the approval holder a notice (a discharge compliance notice ) requiring the holder to remedy the contravention.\n- (a) the approval holder— (i) is contravening the holder’s trade waste approval or seepage water approval; or (ii) has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening the holder’s trade waste approval or seepage water approval; or\n- (ii) has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) a matter relating to the contravention is reasonably capable of being rectified; and\n- (c) it is appropriate to give the approval holder an opportunity to rectify the matter.\n- (i) is contravening the holder’s trade waste approval or seepage water approval; or\n- (ii) has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated; and","sortOrder":210},{"sectionNumber":"sec.53DK","sectionType":"section","heading":"Requirements for discharge compliance notice","content":"### sec.53DK Requirements for discharge compliance notice\n\nA discharge compliance notice must state the following—\nthat the discharge officer reasonably believes the approval holder—\nis contravening a provision of the holder’s trade waste approval or seepage water approval; or\nhas contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated;\nthe provision the discharge officer believes is being, or has been, contravened;\nbriefly, how it is believed the provision is being, or has been, contravened;\nthat the approval holder must remedy the contravention within a stated reasonable period;\nthat it is an offence to fail to comply with the notice unless the approval holder has a reasonable excuse;\nthat, within 30 business days after the notice is given, the person may apply for an internal review of the decision to give the notice;\nhow the person may apply for the review.\nA discharge compliance notice may also state—\nthe reasonable steps that the discharge officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or\nperformance outcomes to show that the contravention has been remedied or the further contravention will be avoided.\nIf a discharge compliance notice requires the approval holder to do an act involving the carrying out of work, it also must give details of the work involved.\nIf a discharge compliance notice requires the approval holder to refrain from doing an act, it also must state—\na period for which the requirement applies; or\nthat the requirement applies until further notice.\nA discharge compliance notice may be accompanied by, or included in, any of the following under the Water Supply Act given for the approval holder’s trade waste approval or seepage water approval—\na show cause notice mentioned in section 183 (1) ;\nan information notice mentioned in section 184 (3) .\ns 53DK ins 2010 No. 20 s 9\namd 2011 No. 31 s 381\n(sec.53DK-ssec.1) A discharge compliance notice must state the following— that the discharge officer reasonably believes the approval holder— is contravening a provision of the holder’s trade waste approval or seepage water approval; or has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated; the provision the discharge officer believes is being, or has been, contravened; briefly, how it is believed the provision is being, or has been, contravened; that the approval holder must remedy the contravention within a stated reasonable period; that it is an offence to fail to comply with the notice unless the approval holder has a reasonable excuse; that, within 30 business days after the notice is given, the person may apply for an internal review of the decision to give the notice; how the person may apply for the review.\n(sec.53DK-ssec.2) A discharge compliance notice may also state— the reasonable steps that the discharge officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or performance outcomes to show that the contravention has been remedied or the further contravention will be avoided.\n(sec.53DK-ssec.3) If a discharge compliance notice requires the approval holder to do an act involving the carrying out of work, it also must give details of the work involved.\n(sec.53DK-ssec.4) If a discharge compliance notice requires the approval holder to refrain from doing an act, it also must state— a period for which the requirement applies; or that the requirement applies until further notice.\n(sec.53DK-ssec.5) A discharge compliance notice may be accompanied by, or included in, any of the following under the Water Supply Act given for the approval holder’s trade waste approval or seepage water approval— a show cause notice mentioned in section 183 (1) ; an information notice mentioned in section 184 (3) .\n- (a) that the discharge officer reasonably believes the approval holder— (i) is contravening a provision of the holder’s trade waste approval or seepage water approval; or (ii) has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening a provision of the holder’s trade waste approval or seepage water approval; or\n- (ii) has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated;\n- (b) the provision the discharge officer believes is being, or has been, contravened;\n- (c) briefly, how it is believed the provision is being, or has been, contravened;\n- (d) that the approval holder must remedy the contravention within a stated reasonable period;\n- (e) that it is an offence to fail to comply with the notice unless the approval holder has a reasonable excuse;\n- (f) that, within 30 business days after the notice is given, the person may apply for an internal review of the decision to give the notice;\n- (g) how the person may apply for the review.\n- (i) is contravening a provision of the holder’s trade waste approval or seepage water approval; or\n- (ii) has contravened the holder’s trade waste approval or seepage water approval in circumstances that make it likely the contravention will continue or be repeated;\n- (a) the reasonable steps that the discharge officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or\n- (b) performance outcomes to show that the contravention has been remedied or the further contravention will be avoided.\n- (a) a period for which the requirement applies; or\n- (b) that the requirement applies until further notice.\n- (a) a show cause notice mentioned in section 183 (1) ;\n- (b) an information notice mentioned in section 184 (3) .","sortOrder":211},{"sectionNumber":"sec.53DL","sectionType":"section","heading":"Offence to contravene discharge compliance notice","content":"### sec.53DL Offence to contravene discharge compliance notice\n\nAn approval holder to whom a discharge compliance notice is given must comply with the notice unless the holder has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSee also section 100F (Application of Water Supply Act enforcement provisions for particular offences).\nA proceeding for an offence against subsection (1) does not prevent or limit the cancellation, suspension or amendment of the approval holder’s trade waste approval or seepage water approval under the Water Supply Act , sections 183 to 185 .\ns 53DL ins 2010 No. 20 s 9\namd 2011 No. 31 s 382\n(sec.53DL-ssec.1) An approval holder to whom a discharge compliance notice is given must comply with the notice unless the holder has a reasonable excuse. Maximum penalty—100 penalty units. See also section 100F (Application of Water Supply Act enforcement provisions for particular offences).\n(sec.53DL-ssec.2) A proceeding for an offence against subsection (1) does not prevent or limit the cancellation, suspension or amendment of the approval holder’s trade waste approval or seepage water approval under the Water Supply Act , sections 183 to 185 .","sortOrder":212},{"sectionNumber":"sec.53DM","sectionType":"section","heading":"Action distributor-retailer may take if discharge compliance notice contravened","content":"### sec.53DM Action distributor-retailer may take if discharge compliance notice contravened\n\nThis section applies if an approval holder contravenes a discharge compliance notice by not doing something.\nThe distributor-retailer may do the thing or take any other action ( discharge compliance action ) it reasonably believes is necessary to prevent or minimise the impact of the contravention.\ns 53DM ins 2010 No. 20 s 9\namd 2011 No. 31 s 383\n(sec.53DM-ssec.1) This section applies if an approval holder contravenes a discharge compliance notice by not doing something.\n(sec.53DM-ssec.2) The distributor-retailer may do the thing or take any other action ( discharge compliance action ) it reasonably believes is necessary to prevent or minimise the impact of the contravention.","sortOrder":213},{"sectionNumber":"sec.53DN","sectionType":"section","heading":"Recovery of costs of discharge compliance action","content":"### sec.53DN Recovery of costs of discharge compliance action\n\nIf a distributor-retailer incurs expense because of the taking of discharge compliance action, it may give the approval holder a notice stating the amount of the expense incurred.\nAny reasonable expenses incurred by the distributor-retailer in taking the discharge compliance action may be recovered by the distributor-retailer from the approval holder as a debt.\nIn this section—\nexpenses , incurred by the distributor-retailer, includes the cost of services that the distributor-retailer provides for itself.\ns 53DN ins 2010 No. 20 s 9\namd 2011 No. 31 s 384\n(sec.53DN-ssec.1) If a distributor-retailer incurs expense because of the taking of discharge compliance action, it may give the approval holder a notice stating the amount of the expense incurred.\n(sec.53DN-ssec.2) Any reasonable expenses incurred by the distributor-retailer in taking the discharge compliance action may be recovered by the distributor-retailer from the approval holder as a debt.\n(sec.53DN-ssec.3) In this section— expenses , incurred by the distributor-retailer, includes the cost of services that the distributor-retailer provides for itself.","sortOrder":214},{"sectionNumber":"ch.2C-pt.4","sectionType":"part","heading":"Powers of water connection officers","content":"# Powers of water connection officers","sortOrder":215},{"sectionNumber":"ch.2C-pt.4-div.1","sectionType":"division","heading":"General powers for entering places","content":"## General powers for entering places","sortOrder":216},{"sectionNumber":"sec.53DNA","sectionType":"section","heading":"General powers of entry","content":"### sec.53DNA General powers of entry\n\nA water connection officer may enter a place to perform the officer’s functions if—\nit is a place of business the subject of a water approval and the place is—\nopen for carrying on the business; or\notherwise open for entry; or\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant.\nFor subsection (1) (a) and (b) , a place does not include a building or structure used for residential purposes.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect a water connection officer’s powers as an authorised person.\ns 53DNA ins 2014 No. 16 s 12\n(sec.53DNA-ssec.1) A water connection officer may enter a place to perform the officer’s functions if— it is a place of business the subject of a water approval and the place is— open for carrying on the business; or otherwise open for entry; or an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant.\n(sec.53DNA-ssec.2) For subsection (1) (a) and (b) , a place does not include a building or structure used for residential purposes.\n(sec.53DNA-ssec.3) To remove any doubt, it is declared that this section does not limit or otherwise affect a water connection officer’s powers as an authorised person.\n- (a) it is a place of business the subject of a water approval and the place is— (i) open for carrying on the business; or (ii) otherwise open for entry; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (b) an occupier of the place consents to the entry; or\n- (c) it is a public place and the entry is made when it is open to the public; or\n- (d) the entry is authorised by a warrant.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or","sortOrder":217},{"sectionNumber":"ch.2C-pt.4-div.2","sectionType":"division","heading":"Other powers of water connection officers","content":"## Other powers of water connection officers","sortOrder":218},{"sectionNumber":"sec.53DNB","sectionType":"section","heading":"Application of ch 2C , pt 2 , divs 2 to 8","content":"### sec.53DNB Application of ch 2C , pt 2 , divs 2 to 8\n\nChapter 2C , part 2 , divisions 2 to 8 apply, with any necessary changes, as if a reference in the divisions to—\na discharge officer were a reference to a water connection officer; and\na discharge compliance action were a reference to a water connection compliance action; and\na discharge offence were a reference to a water connection offence; and\na trade waste approval or seepage water approval were a reference to a water approval.\nFor the application of section 53CV (1) , the reference to section 53CM (1) (b) is taken to be a reference to section 53DNA (1) (b) .\ns 53DNB ins 2014 No. 16 s 12\n(sec.53DNB-ssec.1) Chapter 2C , part 2 , divisions 2 to 8 apply, with any necessary changes, as if a reference in the divisions to— a discharge officer were a reference to a water connection officer; and a discharge compliance action were a reference to a water connection compliance action; and a discharge offence were a reference to a water connection offence; and a trade waste approval or seepage water approval were a reference to a water approval.\n(sec.53DNB-ssec.2) For the application of section 53CV (1) , the reference to section 53CM (1) (b) is taken to be a reference to section 53DNA (1) (b) .\n- (a) a discharge officer were a reference to a water connection officer; and\n- (b) a discharge compliance action were a reference to a water connection compliance action; and\n- (c) a discharge offence were a reference to a water connection offence; and\n- (d) a trade waste approval or seepage water approval were a reference to a water approval.","sortOrder":219},{"sectionNumber":"ch.2C-pt.5","sectionType":"part","heading":"Show cause and water connection compliance notices","content":"# Show cause and water connection compliance notices","sortOrder":220},{"sectionNumber":"ch.2C-pt.5-div.1","sectionType":"division","heading":"Show cause notices","content":"## Show cause notices","sortOrder":221},{"sectionNumber":"sec.53DNC","sectionType":"section","heading":"When show cause notice must be given before compliance notice","content":"### sec.53DNC When show cause notice must be given before compliance notice\n\nA distributor-retailer or water connection officer must, before giving a person a compliance notice for a matter, give the person a show cause notice about the matter.\nHowever, a show cause notice need not be given if the distributor-retailer or water connection officer reasonably considers—\nurgent action is required to protect public health or public safety; or\nurgent action is required to stop damage, or further damage, to the distributor-retailer’s water infrastructure; or\nit is otherwise not appropriate in the circumstances to give a show cause notice for the matter.\nThe distributor-retailer or officer considers giving a show cause notice may adversely affect the effectiveness of the proposed compliance notice.\ns 53DNC ins 2014 No. 16 s 12\n(sec.53DNC-ssec.1) A distributor-retailer or water connection officer must, before giving a person a compliance notice for a matter, give the person a show cause notice about the matter.\n(sec.53DNC-ssec.2) However, a show cause notice need not be given if the distributor-retailer or water connection officer reasonably considers— urgent action is required to protect public health or public safety; or urgent action is required to stop damage, or further damage, to the distributor-retailer’s water infrastructure; or it is otherwise not appropriate in the circumstances to give a show cause notice for the matter. The distributor-retailer or officer considers giving a show cause notice may adversely affect the effectiveness of the proposed compliance notice.\n- (a) urgent action is required to protect public health or public safety; or\n- (b) urgent action is required to stop damage, or further damage, to the distributor-retailer’s water infrastructure; or\n- (c) it is otherwise not appropriate in the circumstances to give a show cause notice for the matter. Example— The distributor-retailer or officer considers giving a show cause notice may adversely affect the effectiveness of the proposed compliance notice.","sortOrder":222},{"sectionNumber":"ch.2C-pt.5-div.2","sectionType":"division","heading":"Water connection compliance notices","content":"## Water connection compliance notices","sortOrder":223},{"sectionNumber":"sec.53DND","sectionType":"section","heading":"Who may give a water connection compliance notice","content":"### sec.53DND Who may give a water connection compliance notice\n\nThis section applies if a distributor-retailer or a water connection officer reasonably believes—\na person—\nis contravening a provision of chapter 4C , part 5 ; or\nhas contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated; and\na matter relating to the contravention is reasonably capable of being rectified; and\nit is appropriate to give the person an opportunity to rectify the matter.\nThe distributor-retailer or water connection officer may decide to give the person a notice (a water connection compliance notice ) requiring the holder to remedy the contravention.\nSubsection (4) applies if the giving of the water connection compliance notice is for a matter for which a show cause notice has been given by the distributor-retailer or water connection officer.\nThe water connection compliance notice may be given only if, after considering any properly made submission by the person about the show cause notice, the distributor-retailer or water connection officer still believes it is appropriate to give the compliance notice.\ns 53DND ins 2014 No. 16 s 12\n(sec.53DND-ssec.1) This section applies if a distributor-retailer or a water connection officer reasonably believes— a person— is contravening a provision of chapter 4C , part 5 ; or has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated; and a matter relating to the contravention is reasonably capable of being rectified; and it is appropriate to give the person an opportunity to rectify the matter.\n(sec.53DND-ssec.2) The distributor-retailer or water connection officer may decide to give the person a notice (a water connection compliance notice ) requiring the holder to remedy the contravention.\n(sec.53DND-ssec.3) Subsection (4) applies if the giving of the water connection compliance notice is for a matter for which a show cause notice has been given by the distributor-retailer or water connection officer.\n(sec.53DND-ssec.4) The water connection compliance notice may be given only if, after considering any properly made submission by the person about the show cause notice, the distributor-retailer or water connection officer still believes it is appropriate to give the compliance notice.\n- (a) a person— (i) is contravening a provision of chapter 4C , part 5 ; or (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening a provision of chapter 4C , part 5 ; or\n- (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated; and\n- (b) a matter relating to the contravention is reasonably capable of being rectified; and\n- (c) it is appropriate to give the person an opportunity to rectify the matter.\n- (i) is contravening a provision of chapter 4C , part 5 ; or\n- (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated; and","sortOrder":224},{"sectionNumber":"sec.53DNE","sectionType":"section","heading":"Requirements for water connection compliance notice","content":"### sec.53DNE Requirements for water connection compliance notice\n\nA water connection compliance notice must state the following—\nthat the distributor-retailer or water connection officer reasonably believes the person—\nis contravening a provision of chapter 4C , part 5 ; or\nhas contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated;\nthe provision the distributor-retailer or water connection officer believes is being, or has been, contravened;\nbriefly, how it is believed the provision is being, or has been, contravened;\nthat the person must remedy the contravention within a stated reasonable period;\nthat it is an offence to fail to comply with the notice unless the person has a reasonable excuse;\nthat, within 20 business days after the notice is given, the person may appeal against the decision to give the notice;\nhow the person may apply for the appeal.\nA water connection compliance notice may also state—\nthe reasonable steps that the distributor-retailer or water connection officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or\nperformance outcomes to show that the contravention has been remedied or the further contravention will be avoided.\nIf a water connection compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved.\nIf a water connection compliance notice requires the person to refrain from doing an act, it also must state—\na period for which the requirement applies; or\nthat the requirement applies until further notice.\ns 53DNE ins 2014 No. 16 s 12\n(sec.53DNE-ssec.1) A water connection compliance notice must state the following— that the distributor-retailer or water connection officer reasonably believes the person— is contravening a provision of chapter 4C , part 5 ; or has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated; the provision the distributor-retailer or water connection officer believes is being, or has been, contravened; briefly, how it is believed the provision is being, or has been, contravened; that the person must remedy the contravention within a stated reasonable period; that it is an offence to fail to comply with the notice unless the person has a reasonable excuse; that, within 20 business days after the notice is given, the person may appeal against the decision to give the notice; how the person may apply for the appeal.\n(sec.53DNE-ssec.2) A water connection compliance notice may also state— the reasonable steps that the distributor-retailer or water connection officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or performance outcomes to show that the contravention has been remedied or the further contravention will be avoided.\n(sec.53DNE-ssec.3) If a water connection compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved.\n(sec.53DNE-ssec.4) If a water connection compliance notice requires the person to refrain from doing an act, it also must state— a period for which the requirement applies; or that the requirement applies until further notice.\n- (a) that the distributor-retailer or water connection officer reasonably believes the person— (i) is contravening a provision of chapter 4C , part 5 ; or (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening a provision of chapter 4C , part 5 ; or\n- (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated;\n- (b) the provision the distributor-retailer or water connection officer believes is being, or has been, contravened;\n- (c) briefly, how it is believed the provision is being, or has been, contravened;\n- (d) that the person must remedy the contravention within a stated reasonable period;\n- (e) that it is an offence to fail to comply with the notice unless the person has a reasonable excuse;\n- (f) that, within 20 business days after the notice is given, the person may appeal against the decision to give the notice;\n- (g) how the person may apply for the appeal.\n- (i) is contravening a provision of chapter 4C , part 5 ; or\n- (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated;\n- (a) the reasonable steps that the distributor-retailer or water connection officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or\n- (b) performance outcomes to show that the contravention has been remedied or the further contravention will be avoided.\n- (a) a period for which the requirement applies; or\n- (b) that the requirement applies until further notice.","sortOrder":225},{"sectionNumber":"sec.53DNF","sectionType":"section","heading":"Offence to contravene water connection compliance notice","content":"### sec.53DNF Offence to contravene water connection compliance notice\n\nA person to whom a water connection compliance notice is given must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 53DNF ins 2014 No. 16 s 12","sortOrder":226},{"sectionNumber":"sec.53DNG","sectionType":"section","heading":"Action distributor-retailer may take if water connection compliance notice contravened","content":"### sec.53DNG Action distributor-retailer may take if water connection compliance notice contravened\n\nThis section applies if a person contravenes a water connection compliance notice by not doing something.\nThe distributor-retailer may do the thing or take any other action ( water connection compliance action ) it reasonably believes is necessary to prevent or minimise the impact of the contravention.\ns 53DNG ins 2014 No. 16 s 12\n(sec.53DNG-ssec.1) This section applies if a person contravenes a water connection compliance notice by not doing something.\n(sec.53DNG-ssec.2) The distributor-retailer may do the thing or take any other action ( water connection compliance action ) it reasonably believes is necessary to prevent or minimise the impact of the contravention.","sortOrder":227},{"sectionNumber":"sec.53DNH","sectionType":"section","heading":"Recovery of costs of water connection compliance action","content":"### sec.53DNH Recovery of costs of water connection compliance action\n\nIf a distributor-retailer incurs expense because of the taking of a water connection compliance action, it may give the person a notice stating the amount of the expense incurred.\nAny reasonable expenses incurred by the distributor-retailer in taking the water connection compliance action may be recovered by the distributor-retailer from the person as a debt.\nIn this section—\nexpenses , incurred by the distributor-retailer, includes the cost of services that the distributor-retailer provides for itself.\ns 53DNH ins 2014 No. 16 s 12\n(sec.53DNH-ssec.1) If a distributor-retailer incurs expense because of the taking of a water connection compliance action, it may give the person a notice stating the amount of the expense incurred.\n(sec.53DNH-ssec.2) Any reasonable expenses incurred by the distributor-retailer in taking the water connection compliance action may be recovered by the distributor-retailer from the person as a debt.\n(sec.53DNH-ssec.3) In this section— expenses , incurred by the distributor-retailer, includes the cost of services that the distributor-retailer provides for itself.","sortOrder":228},{"sectionNumber":"ch.2C-pt.6","sectionType":"part","heading":"Powers of water restriction officers","content":"# Powers of water restriction officers","sortOrder":229},{"sectionNumber":"ch.2C-pt.6-div.1","sectionType":"division","heading":"General powers for entering places","content":"## General powers for entering places","sortOrder":230},{"sectionNumber":"sec.53E","sectionType":"section","heading":"General powers of entry","content":"### sec.53E General powers of entry\n\nA water restriction officer may enter a place to perform the officer’s functions if—\nit is a place of business the subject of a service provider water restriction under the Water Supply Act and the place is—\nopen for carrying on the business; or\notherwise open for entry; or\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant.\nFor subsection (1) (a) and (b) , a place does not include a building or structure used for residential purposes.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect a water restriction officer’s powers as an authorised person.\ns 53E ins 2021 No. 18 s 13\n(sec.53E-ssec.1) A water restriction officer may enter a place to perform the officer’s functions if— it is a place of business the subject of a service provider water restriction under the Water Supply Act and the place is— open for carrying on the business; or otherwise open for entry; or an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant.\n(sec.53E-ssec.2) For subsection (1) (a) and (b) , a place does not include a building or structure used for residential purposes.\n(sec.53E-ssec.3) To remove any doubt, it is declared that this section does not limit or otherwise affect a water restriction officer’s powers as an authorised person.\n- (a) it is a place of business the subject of a service provider water restriction under the Water Supply Act and the place is— (i) open for carrying on the business; or (ii) otherwise open for entry; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (b) an occupier of the place consents to the entry; or\n- (c) it is a public place and the entry is made when it is open to the public; or\n- (d) the entry is authorised by a warrant.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or","sortOrder":231},{"sectionNumber":"ch.2C-pt.6-div.2","sectionType":"division","heading":"Other powers of water restriction officers","content":"## Other powers of water restriction officers","sortOrder":232},{"sectionNumber":"sec.53F","sectionType":"section","heading":"Application of pt 2 , divs 3 – 8","content":"### sec.53F Application of pt 2 , divs 3 – 8\n\nPart 2 , divisions 3 to 8 apply, with any necessary changes, as if—\na reference in the divisions to a discharge officer were a reference to a water restriction officer; and\na reference in the divisions to a discharge offence were a reference to an offence against the Water Supply Act , section 43 (5) .\nFor the application of section 53CV (1) , the reference to section 53CM (1) (b) is taken to be a reference to section 53E (1) (b) of this Act.\ns 53F ins 2021 No. 18 s 13\n(sec.53F-ssec.1) Part 2 , divisions 3 to 8 apply, with any necessary changes, as if— a reference in the divisions to a discharge officer were a reference to a water restriction officer; and a reference in the divisions to a discharge offence were a reference to an offence against the Water Supply Act , section 43 (5) .\n(sec.53F-ssec.2) For the application of section 53CV (1) , the reference to section 53CM (1) (b) is taken to be a reference to section 53E (1) (b) of this Act.\n- (a) a reference in the divisions to a discharge officer were a reference to a water restriction officer; and\n- (b) a reference in the divisions to a discharge offence were a reference to an offence against the Water Supply Act , section 43 (5) .","sortOrder":233},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Transfer schemes","content":"# Transfer schemes","sortOrder":234},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Making of transfer schemes","content":"## Making of transfer schemes","sortOrder":235},{"sectionNumber":"sec.54","sectionType":"section","heading":"Power to make transfer scheme","content":"### sec.54 Power to make transfer scheme\n\nA distributor-retailer and its participating local governments may enter into an agreement or agreements (each a transfer scheme ) about—\nthe transfer of assets, employees, instruments or liabilities of any of the following to allow the distributor-retailer to perform its geographic area functions—\nthe local governments;\na joint local government under LGA 2009 or CBA 2010 all or part of the area of which includes the SEQ region;\nthe Metropolitan Water Supply and Sewerage Board constituted under the Metropolitan Water Supply and Sewerage Act 1909 ; and\nany other incidental, consequential or supplemental matter the distributor-retailer and the local governments consider necessary for the transfer.\nHowever, a transfer scheme has no effect unless it has been approved by the Minister and has taken effect under division 2 .\nThe matters mentioned in subsection (1) are the transition to a distributor-retailer from its participating local governments.\ns 54 amd 2012 No.1 s 105 sch\n(sec.54-ssec.1) A distributor-retailer and its participating local governments may enter into an agreement or agreements (each a transfer scheme ) about— the transfer of assets, employees, instruments or liabilities of any of the following to allow the distributor-retailer to perform its geographic area functions— the local governments; a joint local government under LGA 2009 or CBA 2010 all or part of the area of which includes the SEQ region; the Metropolitan Water Supply and Sewerage Board constituted under the Metropolitan Water Supply and Sewerage Act 1909 ; and any other incidental, consequential or supplemental matter the distributor-retailer and the local governments consider necessary for the transfer.\n(sec.54-ssec.2) However, a transfer scheme has no effect unless it has been approved by the Minister and has taken effect under division 2 .\n(sec.54-ssec.3) The matters mentioned in subsection (1) are the transition to a distributor-retailer from its participating local governments.\n- (a) the transfer of assets, employees, instruments or liabilities of any of the following to allow the distributor-retailer to perform its geographic area functions— (i) the local governments; (ii) a joint local government under LGA 2009 or CBA 2010 all or part of the area of which includes the SEQ region; (iii) the Metropolitan Water Supply and Sewerage Board constituted under the Metropolitan Water Supply and Sewerage Act 1909 ; and\n- (i) the local governments;\n- (ii) a joint local government under LGA 2009 or CBA 2010 all or part of the area of which includes the SEQ region;\n- (iii) the Metropolitan Water Supply and Sewerage Board constituted under the Metropolitan Water Supply and Sewerage Act 1909 ; and\n- (b) any other incidental, consequential or supplemental matter the distributor-retailer and the local governments consider necessary for the transfer.\n- (i) the local governments;\n- (ii) a joint local government under LGA 2009 or CBA 2010 all or part of the area of which includes the SEQ region;\n- (iii) the Metropolitan Water Supply and Sewerage Board constituted under the Metropolitan Water Supply and Sewerage Act 1909 ; and","sortOrder":236},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2010 No. 20 s 10","sortOrder":237},{"sectionNumber":"sec.56","sectionType":"section","heading":"Particular matters scheme may provide for","content":"### sec.56 Particular matters scheme may provide for\n\nA transfer scheme may provide for all or any of the following—\nthe joint transfer to a distributor-retailer of an asset or liability of any of its participating local governments and the terms of the joint transfer;\nthe following for trust land for which any of the local governments is a trustee—\nthe removal of the local government as the trustee;\nthe appointment of the distributor-retailer as the trustee or of the distributor-retailer and local government as joint trustees;\nchanging the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;\nwhether and, if so, the extent to which the distributor-retailer is the successor in law of all or any of the local governments;\na legal proceeding that is being or may be taken by or against all or any of the local governments to be continued or taken by or against the distributor-retailer;\nthe application or transfer of an instrument to a distributor-retailer, including—\nwhether a distributor-retailer holds, or is a party to, an instrument; and\nwhether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a distributor-retailer; and\nwhether a reference to an entity in an instrument is a reference to a distributor-retailer; and\nwhether, under an instrument, an amount is or may become payable to or by a distributor-retailer or other property is, or may be, transferred to a distributor-retailer; and\nwhether a right or entitlement under an instrument is held by a distributor-retailer;\nthe transfer to the distributor-retailer of an employee of all or any of the local governments and the employee’s work entitlements and conditions of employment;\nsubject to part 4 , matters about employees of a local government transferred under paragraph (f) and their rights;\nthe records of the distributor-retailer or the local governments.\nA transfer scheme may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land.\nThis section does not limit section 54 .\nIn this section—\nauthorisation includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan.\ninstrument includes an application or authority under an Act.\ntrust land includes land dedicated as a reserve, or granted in fee simple in trust, under the Land Act , chapter 3 , part 1 .\ns 56 amd 2010 No. 20 s 11\n(sec.56-ssec.1) A transfer scheme may provide for all or any of the following— the joint transfer to a distributor-retailer of an asset or liability of any of its participating local governments and the terms of the joint transfer; the following for trust land for which any of the local governments is a trustee— the removal of the local government as the trustee; the appointment of the distributor-retailer as the trustee or of the distributor-retailer and local government as joint trustees; changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose; whether and, if so, the extent to which the distributor-retailer is the successor in law of all or any of the local governments; a legal proceeding that is being or may be taken by or against all or any of the local governments to be continued or taken by or against the distributor-retailer; the application or transfer of an instrument to a distributor-retailer, including— whether a distributor-retailer holds, or is a party to, an instrument; and whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a distributor-retailer; and whether a reference to an entity in an instrument is a reference to a distributor-retailer; and whether, under an instrument, an amount is or may become payable to or by a distributor-retailer or other property is, or may be, transferred to a distributor-retailer; and whether a right or entitlement under an instrument is held by a distributor-retailer; the transfer to the distributor-retailer of an employee of all or any of the local governments and the employee’s work entitlements and conditions of employment; subject to part 4 , matters about employees of a local government transferred under paragraph (f) and their rights; the records of the distributor-retailer or the local governments.\n(sec.56-ssec.2) A transfer scheme may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land.\n(sec.56-ssec.3) This section does not limit section 54 .\n(sec.56-ssec.4) In this section— authorisation includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. instrument includes an application or authority under an Act. trust land includes land dedicated as a reserve, or granted in fee simple in trust, under the Land Act , chapter 3 , part 1 .\n- (a) the joint transfer to a distributor-retailer of an asset or liability of any of its participating local governments and the terms of the joint transfer;\n- (b) the following for trust land for which any of the local governments is a trustee— (i) the removal of the local government as the trustee; (ii) the appointment of the distributor-retailer as the trustee or of the distributor-retailer and local government as joint trustees; (iii) changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;\n- (i) the removal of the local government as the trustee;\n- (ii) the appointment of the distributor-retailer as the trustee or of the distributor-retailer and local government as joint trustees;\n- (iii) changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;\n- (c) whether and, if so, the extent to which the distributor-retailer is the successor in law of all or any of the local governments;\n- (d) a legal proceeding that is being or may be taken by or against all or any of the local governments to be continued or taken by or against the distributor-retailer;\n- (e) the application or transfer of an instrument to a distributor-retailer, including— (i) whether a distributor-retailer holds, or is a party to, an instrument; and (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a distributor-retailer; and (iii) whether a reference to an entity in an instrument is a reference to a distributor-retailer; and (iv) whether, under an instrument, an amount is or may become payable to or by a distributor-retailer or other property is, or may be, transferred to a distributor-retailer; and (v) whether a right or entitlement under an instrument is held by a distributor-retailer;\n- (i) whether a distributor-retailer holds, or is a party to, an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a distributor-retailer; and\n- (iii) whether a reference to an entity in an instrument is a reference to a distributor-retailer; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by a distributor-retailer or other property is, or may be, transferred to a distributor-retailer; and\n- (v) whether a right or entitlement under an instrument is held by a distributor-retailer;\n- (f) the transfer to the distributor-retailer of an employee of all or any of the local governments and the employee’s work entitlements and conditions of employment;\n- (g) subject to part 4 , matters about employees of a local government transferred under paragraph (f) and their rights;\n- (h) the records of the distributor-retailer or the local governments.\n- (i) the removal of the local government as the trustee;\n- (ii) the appointment of the distributor-retailer as the trustee or of the distributor-retailer and local government as joint trustees;\n- (iii) changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;\n- (i) whether a distributor-retailer holds, or is a party to, an instrument; and\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a distributor-retailer; and\n- (iii) whether a reference to an entity in an instrument is a reference to a distributor-retailer; and\n- (iv) whether, under an instrument, an amount is or may become payable to or by a distributor-retailer or other property is, or may be, transferred to a distributor-retailer; and\n- (v) whether a right or entitlement under an instrument is held by a distributor-retailer;","sortOrder":238},{"sectionNumber":"sec.56A","sectionType":"section","heading":"Period of transfer schemes","content":"### sec.56A Period of transfer schemes\n\nA transfer scheme can not take effect after 30 September 2010.\nHowever, a transfer scheme may take effect for a matter mentioned in section 56 (1) (f) before 1 July 2012.\nThis section does not affect the giving of effect to a transfer scheme or anything done under a transfer scheme before or after the dates mentioned in subsection (1) or (2) .\ns 56A ins 2010 No. 20 s 12\n(sec.56A-ssec.1) A transfer scheme can not take effect after 30 September 2010.\n(sec.56A-ssec.2) However, a transfer scheme may take effect for a matter mentioned in section 56 (1) (f) before 1 July 2012.\n(sec.56A-ssec.3) This section does not affect the giving of effect to a transfer scheme or anything done under a transfer scheme before or after the dates mentioned in subsection (1) or (2) .","sortOrder":239},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Approval of transfer scheme","content":"## Approval of transfer scheme","sortOrder":240},{"sectionNumber":"sec.57","sectionType":"section","heading":"Request for approval","content":"### sec.57 Request for approval\n\nA distributor-retailer’s participating local governments may ask the Minister for approval of a transfer scheme for the distributor-retailer.\nThe request must be written and accompanied by—\na copy of the scheme; and\na certification made by all of the local governments that complies with section 58 .\n(sec.57-ssec.1) A distributor-retailer’s participating local governments may ask the Minister for approval of a transfer scheme for the distributor-retailer.\n(sec.57-ssec.2) The request must be written and accompanied by— a copy of the scheme; and a certification made by all of the local governments that complies with section 58 .\n- (a) a copy of the scheme; and\n- (b) a certification made by all of the local governments that complies with section 58 .","sortOrder":241},{"sectionNumber":"sec.58","sectionType":"section","heading":"Requirements for certification statement","content":"### sec.58 Requirements for certification statement\n\nThe certification must be in the approved form and state—\nthat the local governments have carried out a due diligence process directed at identifying—\nall of their essential assets, liabilities and instruments relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area (the functions ); and\nwhether anything proposed to be done under the transfer scheme would materially prejudice the interests of a third party; and\nthat the transfer scheme—\nonly transfers assets, liabilities and instruments identified under the process relating to the performance of the functions; and\ntransfers all of the essential assets, liabilities and instruments of the local governments identified under the process that—\nare necessary to perform the functions; and\ncan be lawfully and practically transferred under a transfer scheme; and\nidentifies any assets that are to be jointly owned by the distributor-retailer and any of the local governments; and\ndoes not to the local governments’ knowledge materially prejudice the interests of any third party, or if it does, that party’s consent to the prejudice has been obtained; and\ndoes not transfer an employee inconsistently with section 83 or the staff support framework; and\nSections 79 and 83 were repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . Section 79 provided for the approval of a staff support framework.\nthat the local governments have consulted with the State archivist about the way in which records are to be dealt with under the scheme; and\neither—\nthat the transfer scheme does not depart in any substantial way from any model transfer scheme prepared by the Minister and notified on the website of the Queensland Water Commission; or\nif there is a substantial departure from the model—that the departure is necessary for the transition to the distributor-retailer from the local governments; and\nthe reasons for any departure mentioned in paragraph (d) (ii) ; and\nthat the local governments have given third parties notice of the following by a notice published in a newspaper circulating in all of the SEQ region—\nthat the local governments and the distributor-retailer propose to ask the Minister for approval of the transfer scheme to allow the distributor-retailer to provide water services and wastewater services;\nhow third parties may obtain information about the transfer scheme from the local governments, other than private or confidential information concerning others; and\nthat the local governments have, since the publication of the notice, made information mentioned in paragraph (f) (ii) available to third parties who have asked for it.\nFor subsection (1) (b) (iv) , a third party’s interests are not materially prejudiced merely because of a transfer to the distributor-retailer.\nThe consultation with the State archivist may be carried out by a representative for all of the local governments.\ns 58 amd 2010 No. 20 s 13 ; 2012 No. 13 s 4 (retro)\n(sec.58-ssec.1) The certification must be in the approved form and state— that the local governments have carried out a due diligence process directed at identifying— all of their essential assets, liabilities and instruments relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area (the functions ); and whether anything proposed to be done under the transfer scheme would materially prejudice the interests of a third party; and that the transfer scheme— only transfers assets, liabilities and instruments identified under the process relating to the performance of the functions; and transfers all of the essential assets, liabilities and instruments of the local governments identified under the process that— are necessary to perform the functions; and can be lawfully and practically transferred under a transfer scheme; and identifies any assets that are to be jointly owned by the distributor-retailer and any of the local governments; and does not to the local governments’ knowledge materially prejudice the interests of any third party, or if it does, that party’s consent to the prejudice has been obtained; and does not transfer an employee inconsistently with section 83 or the staff support framework; and Sections 79 and 83 were repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . Section 79 provided for the approval of a staff support framework. that the local governments have consulted with the State archivist about the way in which records are to be dealt with under the scheme; and either— that the transfer scheme does not depart in any substantial way from any model transfer scheme prepared by the Minister and notified on the website of the Queensland Water Commission; or if there is a substantial departure from the model—that the departure is necessary for the transition to the distributor-retailer from the local governments; and the reasons for any departure mentioned in paragraph (d) (ii) ; and that the local governments have given third parties notice of the following by a notice published in a newspaper circulating in all of the SEQ region— that the local governments and the distributor-retailer propose to ask the Minister for approval of the transfer scheme to allow the distributor-retailer to provide water services and wastewater services; how third parties may obtain information about the transfer scheme from the local governments, other than private or confidential information concerning others; and that the local governments have, since the publication of the notice, made information mentioned in paragraph (f) (ii) available to third parties who have asked for it.\n(sec.58-ssec.2) For subsection (1) (b) (iv) , a third party’s interests are not materially prejudiced merely because of a transfer to the distributor-retailer.\n(sec.58-ssec.3) The consultation with the State archivist may be carried out by a representative for all of the local governments.\n- (a) that the local governments have carried out a due diligence process directed at identifying— (i) all of their essential assets, liabilities and instruments relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area (the functions ); and (ii) whether anything proposed to be done under the transfer scheme would materially prejudice the interests of a third party; and\n- (i) all of their essential assets, liabilities and instruments relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area (the functions ); and\n- (ii) whether anything proposed to be done under the transfer scheme would materially prejudice the interests of a third party; and\n- (b) that the transfer scheme— (i) only transfers assets, liabilities and instruments identified under the process relating to the performance of the functions; and (ii) transfers all of the essential assets, liabilities and instruments of the local governments identified under the process that— (A) are necessary to perform the functions; and (B) can be lawfully and practically transferred under a transfer scheme; and (iii) identifies any assets that are to be jointly owned by the distributor-retailer and any of the local governments; and (iv) does not to the local governments’ knowledge materially prejudice the interests of any third party, or if it does, that party’s consent to the prejudice has been obtained; and (v) does not transfer an employee inconsistently with section 83 or the staff support framework; and Note— Sections 79 and 83 were repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . Section 79 provided for the approval of a staff support framework.\n- (i) only transfers assets, liabilities and instruments identified under the process relating to the performance of the functions; and\n- (ii) transfers all of the essential assets, liabilities and instruments of the local governments identified under the process that— (A) are necessary to perform the functions; and (B) can be lawfully and practically transferred under a transfer scheme; and\n- (A) are necessary to perform the functions; and\n- (B) can be lawfully and practically transferred under a transfer scheme; and\n- (iii) identifies any assets that are to be jointly owned by the distributor-retailer and any of the local governments; and\n- (iv) does not to the local governments’ knowledge materially prejudice the interests of any third party, or if it does, that party’s consent to the prejudice has been obtained; and\n- (v) does not transfer an employee inconsistently with section 83 or the staff support framework; and Note— Sections 79 and 83 were repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . Section 79 provided for the approval of a staff support framework.\n- (c) that the local governments have consulted with the State archivist about the way in which records are to be dealt with under the scheme; and\n- (d) either— (i) that the transfer scheme does not depart in any substantial way from any model transfer scheme prepared by the Minister and notified on the website of the Queensland Water Commission; or (ii) if there is a substantial departure from the model—that the departure is necessary for the transition to the distributor-retailer from the local governments; and\n- (i) that the transfer scheme does not depart in any substantial way from any model transfer scheme prepared by the Minister and notified on the website of the Queensland Water Commission; or\n- (ii) if there is a substantial departure from the model—that the departure is necessary for the transition to the distributor-retailer from the local governments; and\n- (e) the reasons for any departure mentioned in paragraph (d) (ii) ; and\n- (f) that the local governments have given third parties notice of the following by a notice published in a newspaper circulating in all of the SEQ region— (i) that the local governments and the distributor-retailer propose to ask the Minister for approval of the transfer scheme to allow the distributor-retailer to provide water services and wastewater services; (ii) how third parties may obtain information about the transfer scheme from the local governments, other than private or confidential information concerning others; and\n- (i) that the local governments and the distributor-retailer propose to ask the Minister for approval of the transfer scheme to allow the distributor-retailer to provide water services and wastewater services;\n- (ii) how third parties may obtain information about the transfer scheme from the local governments, other than private or confidential information concerning others; and\n- (g) that the local governments have, since the publication of the notice, made information mentioned in paragraph (f) (ii) available to third parties who have asked for it.\n- (i) all of their essential assets, liabilities and instruments relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area (the functions ); and\n- (ii) whether anything proposed to be done under the transfer scheme would materially prejudice the interests of a third party; and\n- (i) only transfers assets, liabilities and instruments identified under the process relating to the performance of the functions; and\n- (ii) transfers all of the essential assets, liabilities and instruments of the local governments identified under the process that— (A) are necessary to perform the functions; and (B) can be lawfully and practically transferred under a transfer scheme; and\n- (A) are necessary to perform the functions; and\n- (B) can be lawfully and practically transferred under a transfer scheme; and\n- (iii) identifies any assets that are to be jointly owned by the distributor-retailer and any of the local governments; and\n- (iv) does not to the local governments’ knowledge materially prejudice the interests of any third party, or if it does, that party’s consent to the prejudice has been obtained; and\n- (v) does not transfer an employee inconsistently with section 83 or the staff support framework; and Note— Sections 79 and 83 were repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . Section 79 provided for the approval of a staff support framework.\n- (A) are necessary to perform the functions; and\n- (B) can be lawfully and practically transferred under a transfer scheme; and\n- (i) that the transfer scheme does not depart in any substantial way from any model transfer scheme prepared by the Minister and notified on the website of the Queensland Water Commission; or\n- (ii) if there is a substantial departure from the model—that the departure is necessary for the transition to the distributor-retailer from the local governments; and\n- (i) that the local governments and the distributor-retailer propose to ask the Minister for approval of the transfer scheme to allow the distributor-retailer to provide water services and wastewater services;\n- (ii) how third parties may obtain information about the transfer scheme from the local governments, other than private or confidential information concerning others; and","sortOrder":242},{"sectionNumber":"sec.59","sectionType":"section","heading":"Deciding request","content":"### sec.59 Deciding request\n\nThe Minister must consider the request and decide whether or not to approve the transfer scheme.\nThe Minister may approve the transfer scheme only if it complies with division 1 .\n(sec.59-ssec.1) The Minister must consider the request and decide whether or not to approve the transfer scheme.\n(sec.59-ssec.2) The Minister may approve the transfer scheme only if it complies with division 1 .","sortOrder":243},{"sectionNumber":"sec.60","sectionType":"section","heading":"Notice and taking effect of approved scheme","content":"### sec.60 Notice and taking effect of approved scheme\n\nIf the Minister approves the transfer scheme, the Minister must within 21 days publish a gazette notice about the approval.\nThe notice must state where information about the transfers under the scheme may be obtained.\nHowever, the notice need not state where information may be obtained if the Minister considers that there is a need to protect confidentiality or privacy relating to the information.\nThe transfer scheme takes effect on the day the notice is gazetted or, if a later day is stated in the notice, on that day.\n(sec.60-ssec.1) If the Minister approves the transfer scheme, the Minister must within 21 days publish a gazette notice about the approval.\n(sec.60-ssec.2) The notice must state where information about the transfers under the scheme may be obtained.\n(sec.60-ssec.3) However, the notice need not state where information may be obtained if the Minister considers that there is a need to protect confidentiality or privacy relating to the information.\n(sec.60-ssec.4) The transfer scheme takes effect on the day the notice is gazetted or, if a later day is stated in the notice, on that day.","sortOrder":244},{"sectionNumber":"ch.3-pt.1-div.3","sectionType":"division","heading":"Miscellaneous provision","content":"## Miscellaneous provision","sortOrder":245},{"sectionNumber":"sec.61","sectionType":"section","heading":"Discharge of liabilities by transfer scheme","content":"### sec.61 Discharge of liabilities by transfer scheme\n\nThe transfer of a liability of a local government under a transfer scheme discharges the local government from the liability to the extent provided for under the transfer scheme.\nSubject to section 64 (2) , a transfer scheme has effect despite any other law or other instrument.\n(sec.61-ssec.1) The transfer of a liability of a local government under a transfer scheme discharges the local government from the liability to the extent provided for under the transfer scheme.\n(sec.61-ssec.2) Subject to section 64 (2) , a transfer scheme has effect despite any other law or other instrument.","sortOrder":246},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Ministerial powers for transition","content":"# Ministerial powers for transition","sortOrder":247},{"sectionNumber":"sec.62","sectionType":"section","heading":"Transfer notice","content":"### sec.62 Transfer notice\n\nThe Minister may, by gazette notice (a transfer notice ), do any of the following for the transition to a distributor-retailer from its participating local governments—\nanything that may be done by any of them under a transfer scheme;\nrectify or undo anything the Minister considers a transfer scheme ought not to have done or ought to have done differently.\ntransfer back to a participating local government an asset the Minister considers ought not to have been transferred under a transfer scheme\nA transfer notice may include conditions applying to something done under the notice.\nIf the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—\nsigned by the Minister; and\nkept available at a place stated in the transfer notice for inspection by the persons to whom the matter relates.\nA transfer notice has effect on the day it is published in the gazette or a later day stated in it.\n(sec.62-ssec.1) The Minister may, by gazette notice (a transfer notice ), do any of the following for the transition to a distributor-retailer from its participating local governments— anything that may be done by any of them under a transfer scheme; rectify or undo anything the Minister considers a transfer scheme ought not to have done or ought to have done differently. transfer back to a participating local government an asset the Minister considers ought not to have been transferred under a transfer scheme\n(sec.62-ssec.2) A transfer notice may include conditions applying to something done under the notice.\n(sec.62-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available at a place stated in the transfer notice for inspection by the persons to whom the matter relates.\n(sec.62-ssec.4) A transfer notice has effect on the day it is published in the gazette or a later day stated in it.\n- (a) anything that may be done by any of them under a transfer scheme;\n- (b) rectify or undo anything the Minister considers a transfer scheme ought not to have done or ought to have done differently. Example for paragraph (b) — transfer back to a participating local government an asset the Minister considers ought not to have been transferred under a transfer scheme\n- (a) signed by the Minister; and\n- (b) kept available at a place stated in the transfer notice for inspection by the persons to whom the matter relates.","sortOrder":248},{"sectionNumber":"sec.63","sectionType":"section","heading":"Period of transfer notices","content":"### sec.63 Period of transfer notices\n\nA transfer notice can not take effect before 1 July 2010 or after 30 June 2012.\nHowever, subsection (1) does not affect the giving of effect to a transfer scheme after 30 June 2012 or anything done under a transfer scheme before or after that date.\ns 63 amd 2011 No. 21 s 12\n(sec.63-ssec.1) A transfer notice can not take effect before 1 July 2010 or after 30 June 2012.\n(sec.63-ssec.2) However, subsection (1) does not affect the giving of effect to a transfer scheme after 30 June 2012 or anything done under a transfer scheme before or after that date.","sortOrder":249},{"sectionNumber":"sec.64","sectionType":"section","heading":"Effect of transfer notice","content":"### sec.64 Effect of transfer notice\n\nThe transfer under a transfer notice of a liability discharges the person from whom the liability is transferred from the liability to the extent provided for under the transfer notice.\nA transfer notice has effect despite any other law, transfer scheme or other instrument.\n(sec.64-ssec.1) The transfer under a transfer notice of a liability discharges the person from whom the liability is transferred from the liability to the extent provided for under the transfer notice.\n(sec.64-ssec.2) A transfer notice has effect despite any other law, transfer scheme or other instrument.","sortOrder":250},{"sectionNumber":"sec.65","sectionType":"section","heading":"Transfer direction","content":"### sec.65 Transfer direction\n\nThe Minister may give a direction (a transfer direction ) to any of the following (a relevant entity ) to do anything the Minister considers necessary to achieve the transition to a distributor-retailer from its participating local governments—\nthe distributor-retailer;\nthe board;\nany of the distributor-retailer’s participating local governments.\nWithout limiting subsection (1) , a transfer direction may be about—\nexecuting an instrument; or\ndisclosing information; or\nfor the distributor-retailer, according particular terms and conditions of employment to its employees affected by the transfer during a stated period after its establishment consistent with the staff support framework; or\nanything the Minister considers necessary to remedy a contravention of the staff support framework.\nSection 79 provided for the approval of a staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .\nA transfer direction must be in writing and signed by the Minister.\nIf a relevant entity is given a transfer direction—\nthe entity must comply with the direction; and\nif the entity is the distributor-retailer—its board must take the action necessary to ensure the distributor-retailer complies with the direction.\nMaximum penalty—1,000 penalty units.\nIn this section—\nboard includes, for a local government, its councillors.\ns 65 amd 2012 No. 13 s 5 (retro)\n(sec.65-ssec.1) The Minister may give a direction (a transfer direction ) to any of the following (a relevant entity ) to do anything the Minister considers necessary to achieve the transition to a distributor-retailer from its participating local governments— the distributor-retailer; the board; any of the distributor-retailer’s participating local governments.\n(sec.65-ssec.2) Without limiting subsection (1) , a transfer direction may be about— executing an instrument; or disclosing information; or for the distributor-retailer, according particular terms and conditions of employment to its employees affected by the transfer during a stated period after its establishment consistent with the staff support framework; or anything the Minister considers necessary to remedy a contravention of the staff support framework. Section 79 provided for the approval of a staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .\n(sec.65-ssec.3) A transfer direction must be in writing and signed by the Minister.\n(sec.65-ssec.4) If a relevant entity is given a transfer direction— the entity must comply with the direction; and if the entity is the distributor-retailer—its board must take the action necessary to ensure the distributor-retailer complies with the direction. Maximum penalty—1,000 penalty units.\n(sec.65-ssec.5) In this section— board includes, for a local government, its councillors.\n- (a) the distributor-retailer;\n- (b) the board;\n- (c) any of the distributor-retailer’s participating local governments.\n- (a) executing an instrument; or\n- (b) disclosing information; or\n- (c) for the distributor-retailer, according particular terms and conditions of employment to its employees affected by the transfer during a stated period after its establishment consistent with the staff support framework; or\n- (d) anything the Minister considers necessary to remedy a contravention of the staff support framework.\n- (a) the entity must comply with the direction; and\n- (b) if the entity is the distributor-retailer—its board must take the action necessary to ensure the distributor-retailer complies with the direction.","sortOrder":251},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Provisions facilitating transition","content":"# Provisions facilitating transition","sortOrder":252},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":253},{"sectionNumber":"sec.66","sectionType":"section","heading":"Chapter applies despite other laws and instruments","content":"### sec.66 Chapter applies despite other laws and instruments\n\nA thing may be done under this chapter despite any other law or instrument.\nA transfer scheme or transfer notice may transfer a trustee lease under the Land Act without the written approvals that would otherwise be required for a transfer under section 58 of that Act.","sortOrder":254},{"sectionNumber":"sec.67","sectionType":"section","heading":"Decisions not reviewable","content":"### sec.67 Decisions not reviewable\n\nA decision under this chapter—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\nIn this section—\ndecision includes a decision or conduct leading up to or forming part of the process of making a decision.\n(sec.67-ssec.1) A decision under this chapter— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.67-ssec.2) In this section— decision includes a decision or conduct leading up to or forming part of the process of making a decision.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":255},{"sectionNumber":"sec.68","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.68 Effect on legal relationships\n\nNothing done under this chapter including a thing done by or in compliance with, a transition document—\nmakes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nis taken to fulfil a condition that—\nallows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or\nallows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nA contract entered into by a local government provides that it agrees not to transfer a particular asset without a particular person’s consent and that if the consent is given, it may be subject to particular conditions.\nIf the asset is transferred to a distributor-retailer under a transfer scheme or transfer notice, the consent required under the contract is taken to have been given unconditionally.\nIf apart from this Act, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given.\nIn this section—\nrelevant entity means—\nthe State or an employee or agent of the State; or\na participating local government for a distributor-retailer or any of the local government’s councillors, employees or agents; or\na distributor-retailer, a member of a board or an employee or agent of a distributor-retailer.\n(sec.68-ssec.1) Nothing done under this chapter including a thing done by or in compliance with, a transition document— makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or is taken to fulfil a condition that— allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sec.68-ssec.2) If apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally. A contract entered into by a local government provides that it agrees not to transfer a particular asset without a particular person’s consent and that if the consent is given, it may be subject to particular conditions. If the asset is transferred to a distributor-retailer under a transfer scheme or transfer notice, the consent required under the contract is taken to have been given unconditionally.\n(sec.68-ssec.3) If apart from this Act, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given.\n(sec.68-ssec.4) In this section— relevant entity means— the State or an employee or agent of the State; or a participating local government for a distributor-retailer or any of the local government’s councillors, employees or agents; or a distributor-retailer, a member of a board or an employee or agent of a distributor-retailer.\n- (a) makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract or confidence; or\n- (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (c) is taken to fulfil a condition that— (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iii) requires any money to be paid before its stated maturity; or\n- (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iii) requires any money to be paid before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iii) requires any money to be paid before its stated maturity; or\n- (a) the State or an employee or agent of the State; or\n- (b) a participating local government for a distributor-retailer or any of the local government’s councillors, employees or agents; or\n- (c) a distributor-retailer, a member of a board or an employee or agent of a distributor-retailer.","sortOrder":256},{"sectionNumber":"sec.69","sectionType":"section","heading":"Disclosure and use for transition of information","content":"### sec.69 Disclosure and use for transition of information\n\nA person may disclose information in the possession or control of a local government for the purpose of the transition to its distributor-retailer, or for the distributor-retailer to perform its geographic area functions, to—\na person involved in the transition; or\na member of the board or an employee or agent of the distributor-retailer; or\nanother participating local government of the distributor-retailer.\nA distributor-retailer or its board must comply with a request by the Minister for the disclosure of information under subsection (1) to a person.\nA person may use information in the possession or control of a distributor-retailer for the purpose of the transition from its participating local governments.\nAlso, to remove any doubt, it is declared that a person may disclose or use information in compliance with a transition document.\nA person who acting honestly discloses or uses information under this section is not liable civilly, criminally or under an administrative process for the disclosure or use.\nThis section is subject to the Information Privacy Act 2009 and the Right to Information Act 2009 .\ns 69 amd 2010 No. 20 s 14\n(sec.69-ssec.1) A person may disclose information in the possession or control of a local government for the purpose of the transition to its distributor-retailer, or for the distributor-retailer to perform its geographic area functions, to— a person involved in the transition; or a member of the board or an employee or agent of the distributor-retailer; or another participating local government of the distributor-retailer.\n(sec.69-ssec.2) A distributor-retailer or its board must comply with a request by the Minister for the disclosure of information under subsection (1) to a person.\n(sec.69-ssec.3) A person may use information in the possession or control of a distributor-retailer for the purpose of the transition from its participating local governments.\n(sec.69-ssec.4) Also, to remove any doubt, it is declared that a person may disclose or use information in compliance with a transition document.\n(sec.69-ssec.5) A person who acting honestly discloses or uses information under this section is not liable civilly, criminally or under an administrative process for the disclosure or use.\n(sec.69-ssec.6) This section is subject to the Information Privacy Act 2009 and the Right to Information Act 2009 .\n- (a) a person involved in the transition; or\n- (b) a member of the board or an employee or agent of the distributor-retailer; or\n- (c) another participating local government of the distributor-retailer.","sortOrder":257},{"sectionNumber":"sec.70","sectionType":"section","heading":"Registering authority to register or record transfer","content":"### sec.70 Registering authority to register or record transfer\n\nA registering authority must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset, liability or instrument under a transfer scheme or transfer notice to the transferee entity.\nA regulation may exempt the transferee entity or the transferor to the transferee entity from complying with a relevant procedure required by the registering authority or under another law for the purpose of registering or recording the transfer.\nThe registering authority may require the transferee entity to complete and submit a particular form.\nSubject to subsection (2) the transferee entity must comply with the procedures.\nIn this section—\nregistering authority means the registrar or another entity required or authorised by law to register or record transactions affecting or relating to assets, liabilities or instruments.\ntransferee entity means the entity to which an asset, liability or instrument is transferred under a transfer scheme or transfer notice.\n(sec.70-ssec.1) A registering authority must, on written application by a transferee entity, register or record in the appropriate way the transfer of an asset, liability or instrument under a transfer scheme or transfer notice to the transferee entity.\n(sec.70-ssec.2) A regulation may exempt the transferee entity or the transferor to the transferee entity from complying with a relevant procedure required by the registering authority or under another law for the purpose of registering or recording the transfer. The registering authority may require the transferee entity to complete and submit a particular form.\n(sec.70-ssec.3) Subject to subsection (2) the transferee entity must comply with the procedures.\n(sec.70-ssec.4) In this section— registering authority means the registrar or another entity required or authorised by law to register or record transactions affecting or relating to assets, liabilities or instruments. transferee entity means the entity to which an asset, liability or instrument is transferred under a transfer scheme or transfer notice.","sortOrder":258},{"sectionNumber":"sec.71","sectionType":"section","heading":"Non-liability for State taxes, charges or fees","content":"### sec.71 Non-liability for State taxes, charges or fees\n\nA local government or distributor-retailer is not liable to pay any of the following relating to anything done under a transition document—\na tax under the Duties Act 2001 or another Act;\na charge or fee under the Land Act , Land Title Act , Transport Operations (Road Use Management) Act 1995 , Water Act or another Act.\nIn this section—\ntax includes duty, impost and levy.\n(sec.71-ssec.1) A local government or distributor-retailer is not liable to pay any of the following relating to anything done under a transition document— a tax under the Duties Act 2001 or another Act; a charge or fee under the Land Act , Land Title Act , Transport Operations (Road Use Management) Act 1995 , Water Act or another Act.\n(sec.71-ssec.2) In this section— tax includes duty, impost and levy.\n- (a) a tax under the Duties Act 2001 or another Act;\n- (b) a charge or fee under the Land Act , Land Title Act , Transport Operations (Road Use Management) Act 1995 , Water Act or another Act.","sortOrder":259},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Provisions for other laws and instruments","content":"## Provisions for other laws and instruments","sortOrder":260},{"sectionNumber":"sec.72","sectionType":"section","heading":"Existing acquisitions","content":"### sec.72 Existing acquisitions\n\nThis section applies to land acquired by a local government as a constructing authority under the Acquisition of Land Act .\nIf the land is transferred to a distributor-retailer under this chapter, the distributor-retailer is, for section 41 of that Act, taken to be the constructing authority that acquired that land on the day it was acquired.\n(sec.72-ssec.1) This section applies to land acquired by a local government as a constructing authority under the Acquisition of Land Act .\n(sec.72-ssec.2) If the land is transferred to a distributor-retailer under this chapter, the distributor-retailer is, for section 41 of that Act, taken to be the constructing authority that acquired that land on the day it was acquired.","sortOrder":261},{"sectionNumber":"sec.73","sectionType":"section","heading":"Acquisitions interrupted by transfer scheme or notice","content":"### sec.73 Acquisitions interrupted by transfer scheme or notice\n\nThis section applies if—\na participating local government of a distributor-retailer has—\nserved a notice of intention to resume to take land as a constructing authority under the Acquisition of Land Act ; or\nentered into an agreement to take land; and\nthe purpose of the proposed resumption relates to the distributor-retailer’s geographic area functions.\nThe distributor-retailer may by notice given to each affected person decide to continue the taking.\nThe notice must state—\nthat the distributor-retailer has become the constructing authority for the taking; and\nits address for service of documents.\nOn the giving of the notice, for the Acquisition of Land Act —\nthe distributor-retailer becomes the constructing authority for the taking; and\nthe local government’s rights and obligations concerning the taking end.\nHowever, the purpose of the taking does not change.\nIn this section—\naffected person , for the taking, means—\neach person—\non whom the local government served a notice of intention to resume the land; or\nwith whom the local government has entered into an agreement to take the land; and\nanyone else the distributor-retailer considers is financially affected by the taking.\ns 73 amd 2010 No. 20 s 15\n(sec.73-ssec.1) This section applies if— a participating local government of a distributor-retailer has— served a notice of intention to resume to take land as a constructing authority under the Acquisition of Land Act ; or entered into an agreement to take land; and the purpose of the proposed resumption relates to the distributor-retailer’s geographic area functions.\n(sec.73-ssec.2) The distributor-retailer may by notice given to each affected person decide to continue the taking.\n(sec.73-ssec.3) The notice must state— that the distributor-retailer has become the constructing authority for the taking; and its address for service of documents.\n(sec.73-ssec.4) On the giving of the notice, for the Acquisition of Land Act — the distributor-retailer becomes the constructing authority for the taking; and the local government’s rights and obligations concerning the taking end.\n(sec.73-ssec.5) However, the purpose of the taking does not change.\n(sec.73-ssec.6) In this section— affected person , for the taking, means— each person— on whom the local government served a notice of intention to resume the land; or with whom the local government has entered into an agreement to take the land; and anyone else the distributor-retailer considers is financially affected by the taking.\n- (a) a participating local government of a distributor-retailer has— (i) served a notice of intention to resume to take land as a constructing authority under the Acquisition of Land Act ; or (ii) entered into an agreement to take land; and\n- (i) served a notice of intention to resume to take land as a constructing authority under the Acquisition of Land Act ; or\n- (ii) entered into an agreement to take land; and\n- (b) the purpose of the proposed resumption relates to the distributor-retailer’s geographic area functions.\n- (i) served a notice of intention to resume to take land as a constructing authority under the Acquisition of Land Act ; or\n- (ii) entered into an agreement to take land; and\n- (a) that the distributor-retailer has become the constructing authority for the taking; and\n- (b) its address for service of documents.\n- (a) the distributor-retailer becomes the constructing authority for the taking; and\n- (b) the local government’s rights and obligations concerning the taking end.\n- (a) each person— (i) on whom the local government served a notice of intention to resume the land; or (ii) with whom the local government has entered into an agreement to take the land; and\n- (i) on whom the local government served a notice of intention to resume the land; or\n- (ii) with whom the local government has entered into an agreement to take the land; and\n- (b) anyone else the distributor-retailer considers is financially affected by the taking.\n- (i) on whom the local government served a notice of intention to resume the land; or\n- (ii) with whom the local government has entered into an agreement to take the land; and","sortOrder":262},{"sectionNumber":"sec.74","sectionType":"section","heading":"Provisions for distributor-retailer becoming constructing authority","content":"### sec.74 Provisions for distributor-retailer becoming constructing authority\n\nThis section applies if under section 73 , a distributor-retailer becomes the constructing authority for the taking of land instead of a local government.\nThe local government must give the distributor-retailer the documents relating to the taking.\nDespite the Acquisition of Land Act , section 12 (1) the land taken under a gazette resumption notice under that Act vests in the distributor-retailer.\nThe distributor-retailer—\nhas for the taking the same powers and obligations under the Acquisition of Land Act as the local government; and\ndoes not represent the State for section 12 of that Act.\nThe right under the Acquisition of Land Act of a person who was served with a notice to take or who entered into an agreement to take the land does not change.\nA reference to the local government in a document relating to the taking is, if the context permits, taken to be a reference to the distributor-retailer.\nWithout limiting subsection (6) , if the local government was taking the land under an agreement to take—\na reference in the agreement to the local government is taken to be a reference to the distributor-retailer; and\nthe agreement gives rise to the same rights and liabilities as would have arisen if the local government were a party to the agreement.\n(sec.74-ssec.1) This section applies if under section 73 , a distributor-retailer becomes the constructing authority for the taking of land instead of a local government.\n(sec.74-ssec.2) The local government must give the distributor-retailer the documents relating to the taking.\n(sec.74-ssec.3) Despite the Acquisition of Land Act , section 12 (1) the land taken under a gazette resumption notice under that Act vests in the distributor-retailer.\n(sec.74-ssec.4) The distributor-retailer— has for the taking the same powers and obligations under the Acquisition of Land Act as the local government; and does not represent the State for section 12 of that Act.\n(sec.74-ssec.5) The right under the Acquisition of Land Act of a person who was served with a notice to take or who entered into an agreement to take the land does not change.\n(sec.74-ssec.6) A reference to the local government in a document relating to the taking is, if the context permits, taken to be a reference to the distributor-retailer.\n(sec.74-ssec.7) Without limiting subsection (6) , if the local government was taking the land under an agreement to take— a reference in the agreement to the local government is taken to be a reference to the distributor-retailer; and the agreement gives rise to the same rights and liabilities as would have arisen if the local government were a party to the agreement.\n- (a) has for the taking the same powers and obligations under the Acquisition of Land Act as the local government; and\n- (b) does not represent the State for section 12 of that Act.\n- (a) a reference in the agreement to the local government is taken to be a reference to the distributor-retailer; and\n- (b) the agreement gives rise to the same rights and liabilities as would have arisen if the local government were a party to the agreement.","sortOrder":263},{"sectionNumber":"sec.75","sectionType":"section","heading":"Terminating trust land and granting freehold interest","content":"### sec.75 Terminating trust land and granting freehold interest\n\nThis section applies if—\na transferred asset is attached to land that is trust land under the Land Act ; and\nthe Land Act Minister is satisfied the part of the land on which the transferred asset is situated is of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land.\nThe Land Act Minister may under that Act, on application to the Land Act chief executive by the distributor-retailer to whom the transferred asset was transferred—\nif the land is a reserve—revoke all or part of the reserve; or\nif the land is a deed of grant in trust—require the trustee to surrender all or part of the deed of grant in trust.\nIf the Land Act Minister acts under subsection (2) , the Governor in Council may under the Land Act , issue a deed of grant for the land to the distributor-retailer.\nFor the purposes of the Land Act , chapter 4 , part 1 , division 2 , freehold title may be granted without competition.\nAn evaluation under the Land Act , section 16 is not required for the allocation of the land.\nThe Land Act Minister must decide the purchase price for the land.\nBefore approving a plan of subdivision identifying the area of the revocation, the Land Act Minister may require the distributor-retailer and the trustee of the reserve to agree to a plan of subdivision to define the boundaries of the land.\nThe following provisions of the Land Act do not apply to a revocation of all or part of a reserve—\nsections 34A , 34B and 34E ;\nsection 34H relating to an improvement that is a transferred asset.\nIn this section—\ntransferred asset means an asset transferred under a transfer scheme or transfer notice without the transfer of land to which the asset is attached or a change in the trusteeship.\n(sec.75-ssec.1) This section applies if— a transferred asset is attached to land that is trust land under the Land Act ; and the Land Act Minister is satisfied the part of the land on which the transferred asset is situated is of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land.\n(sec.75-ssec.2) The Land Act Minister may under that Act, on application to the Land Act chief executive by the distributor-retailer to whom the transferred asset was transferred— if the land is a reserve—revoke all or part of the reserve; or if the land is a deed of grant in trust—require the trustee to surrender all or part of the deed of grant in trust.\n(sec.75-ssec.3) If the Land Act Minister acts under subsection (2) , the Governor in Council may under the Land Act , issue a deed of grant for the land to the distributor-retailer.\n(sec.75-ssec.4) For the purposes of the Land Act , chapter 4 , part 1 , division 2 , freehold title may be granted without competition.\n(sec.75-ssec.5) An evaluation under the Land Act , section 16 is not required for the allocation of the land.\n(sec.75-ssec.6) The Land Act Minister must decide the purchase price for the land.\n(sec.75-ssec.7) Before approving a plan of subdivision identifying the area of the revocation, the Land Act Minister may require the distributor-retailer and the trustee of the reserve to agree to a plan of subdivision to define the boundaries of the land.\n(sec.75-ssec.8) The following provisions of the Land Act do not apply to a revocation of all or part of a reserve— sections 34A , 34B and 34E ; section 34H relating to an improvement that is a transferred asset.\n(sec.75-ssec.9) In this section— transferred asset means an asset transferred under a transfer scheme or transfer notice without the transfer of land to which the asset is attached or a change in the trusteeship.\n- (a) a transferred asset is attached to land that is trust land under the Land Act ; and\n- (b) the Land Act Minister is satisfied the part of the land on which the transferred asset is situated is of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land.\n- (a) if the land is a reserve—revoke all or part of the reserve; or\n- (b) if the land is a deed of grant in trust—require the trustee to surrender all or part of the deed of grant in trust.\n- (a) sections 34A , 34B and 34E ;\n- (b) section 34H relating to an improvement that is a transferred asset.","sortOrder":264},{"sectionNumber":"sec.76","sectionType":"section","heading":"Granting Land Act lease","content":"### sec.76 Granting Land Act lease\n\nThis section applies if—\na transferred asset is attached to land that is a reserve or unallocated State land; and\nthe Land Act Minister is satisfied the part of the land on which the transferred asset is situated (the relevant part ) is not of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land.\nThe Land Act Minister may, on application to the Land Act chief executive by the distributor-retailer to whom the transferred asset was transferred, grant under the Land Act to the distributor-retailer a lease over the relevant part.\nIf the land is a reserve and the Land Act Minister grants a State lease over the relevant part, that Minister may, before granting the lease, require the distributor-retailer and the trustee of the reserve to agree to a plan of survey identifying the relevant part.\nIf the Land Act Minister decides to grant a lease under this section, it must be for the maximum term permitted under the Land Act .\nFor the Land Act , chapter 5 , part 1 , division 1 , the annual rent for the lease is the minimum rent applicable for the category of the lease.\nAn evaluation under the Land Act , section 16 is not required for the allocation of the land.\nIn this section—\ntransferred asset means an asset transferred under a transfer scheme or transfer notice without the transfer of land to which the asset is attached or a change in the trusteeship.\n(sec.76-ssec.1) This section applies if— a transferred asset is attached to land that is a reserve or unallocated State land; and the Land Act Minister is satisfied the part of the land on which the transferred asset is situated (the relevant part ) is not of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land.\n(sec.76-ssec.2) The Land Act Minister may, on application to the Land Act chief executive by the distributor-retailer to whom the transferred asset was transferred, grant under the Land Act to the distributor-retailer a lease over the relevant part.\n(sec.76-ssec.3) If the land is a reserve and the Land Act Minister grants a State lease over the relevant part, that Minister may, before granting the lease, require the distributor-retailer and the trustee of the reserve to agree to a plan of survey identifying the relevant part.\n(sec.76-ssec.4) If the Land Act Minister decides to grant a lease under this section, it must be for the maximum term permitted under the Land Act .\n(sec.76-ssec.5) For the Land Act , chapter 5 , part 1 , division 1 , the annual rent for the lease is the minimum rent applicable for the category of the lease.\n(sec.76-ssec.6) An evaluation under the Land Act , section 16 is not required for the allocation of the land.\n(sec.76-ssec.7) In this section— transferred asset means an asset transferred under a transfer scheme or transfer notice without the transfer of land to which the asset is attached or a change in the trusteeship.\n- (a) a transferred asset is attached to land that is a reserve or unallocated State land; and\n- (b) the Land Act Minister is satisfied the part of the land on which the transferred asset is situated (the relevant part ) is not of adequate area to be allocated as freehold land, having regard to the location of the transferred asset and the use made of the adjoining land.","sortOrder":265},{"sectionNumber":"sec.77","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.77 Application of sdiv 3\n\nThis subdivision applies if—\na participating local government of a distributor-retailer is a party to an infrastructure agreement; and\neither of the following apply—\na transition document transfers to the distributor-retailer water infrastructure subject to the infrastructure agreement;\nthe infrastructure agreement provides for water infrastructure in the distributor-retailer’s geographic area.\nThis subdivision applies subject to any transition document relating to the distributor-retailer.\nIf the infrastructure agreement relates to both the water infrastructure and another type of infrastructure, the agreement is a bundled agreement .\ns 77 amd 2009 No. 46 s 111\nsub 2010 No. 20 s 16\n(sec.77-ssec.1) This subdivision applies if— a participating local government of a distributor-retailer is a party to an infrastructure agreement; and either of the following apply— a transition document transfers to the distributor-retailer water infrastructure subject to the infrastructure agreement; the infrastructure agreement provides for water infrastructure in the distributor-retailer’s geographic area.\n(sec.77-ssec.2) This subdivision applies subject to any transition document relating to the distributor-retailer.\n(sec.77-ssec.3) If the infrastructure agreement relates to both the water infrastructure and another type of infrastructure, the agreement is a bundled agreement .\n- (a) a participating local government of a distributor-retailer is a party to an infrastructure agreement; and\n- (b) either of the following apply— (i) a transition document transfers to the distributor-retailer water infrastructure subject to the infrastructure agreement; (ii) the infrastructure agreement provides for water infrastructure in the distributor-retailer’s geographic area.\n- (i) a transition document transfers to the distributor-retailer water infrastructure subject to the infrastructure agreement;\n- (ii) the infrastructure agreement provides for water infrastructure in the distributor-retailer’s geographic area.\n- (i) a transition document transfers to the distributor-retailer water infrastructure subject to the infrastructure agreement;\n- (ii) the infrastructure agreement provides for water infrastructure in the distributor-retailer’s geographic area.","sortOrder":266},{"sectionNumber":"sec.77A","sectionType":"section","heading":"Novation for unbundled agreements","content":"### sec.77A Novation for unbundled agreements\n\nThis section applies if the agreement relates only to the water infrastructure and not to any other type of infrastructure.\nThe distributor-retailer—\nis taken to be a party to the agreement instead of the local government; and\nassumes all of the local government’s rights and liabilities under the agreement.\nThe agreement may be enforced by the distributor-retailer as if it were the local government.\nThe local government ceases to be bound by the agreement and is discharged from any further liability under it.\ns 77A ins 2010 No. 20 s 16\n(sec.77A-ssec.1) This section applies if the agreement relates only to the water infrastructure and not to any other type of infrastructure.\n(sec.77A-ssec.2) The distributor-retailer— is taken to be a party to the agreement instead of the local government; and assumes all of the local government’s rights and liabilities under the agreement.\n(sec.77A-ssec.3) The agreement may be enforced by the distributor-retailer as if it were the local government.\n(sec.77A-ssec.4) The local government ceases to be bound by the agreement and is discharged from any further liability under it.\n- (a) is taken to be a party to the agreement instead of the local government; and\n- (b) assumes all of the local government’s rights and liabilities under the agreement.","sortOrder":267},{"sectionNumber":"sec.77B","sectionType":"section","heading":"Bundled agreements—terms relating solely to water aspects","content":"### sec.77B Bundled agreements—terms relating solely to water aspects\n\nThis section applies if—\nthe agreement is a bundled agreement; and\na term of the agreement solely relates to either or both of the following (each a water aspect )—\nthe water infrastructure;\nthe carrying out of water infrastructure work.\nThe distributor-retailer assumes the following under the term—\nthe local government’s rights against another party to the agreement (each an assumed right );\nthe local government’s liabilities to another party to the agreement (each an assumed liability ).\nAn assumed right—\nmay be discharged only by the discharging of it to the distributor-retailer; and\nmay only be enforced by the distributor-retailer.\nAn assumed liability—\nmay be discharged only by the discharging of it by the distributor-retailer; and\nmay be enforced only against the distributor-retailer.\ns 77B ins 2010 No. 20 s 16\n(sec.77B-ssec.1) This section applies if— the agreement is a bundled agreement; and a term of the agreement solely relates to either or both of the following (each a water aspect )— the water infrastructure; the carrying out of water infrastructure work.\n(sec.77B-ssec.2) The distributor-retailer assumes the following under the term— the local government’s rights against another party to the agreement (each an assumed right ); the local government’s liabilities to another party to the agreement (each an assumed liability ).\n(sec.77B-ssec.3) An assumed right— may be discharged only by the discharging of it to the distributor-retailer; and may only be enforced by the distributor-retailer.\n(sec.77B-ssec.4) An assumed liability— may be discharged only by the discharging of it by the distributor-retailer; and may be enforced only against the distributor-retailer.\n- (a) the agreement is a bundled agreement; and\n- (b) a term of the agreement solely relates to either or both of the following (each a water aspect )— (i) the water infrastructure; (ii) the carrying out of water infrastructure work.\n- (i) the water infrastructure;\n- (ii) the carrying out of water infrastructure work.\n- (i) the water infrastructure;\n- (ii) the carrying out of water infrastructure work.\n- (a) the local government’s rights against another party to the agreement (each an assumed right );\n- (b) the local government’s liabilities to another party to the agreement (each an assumed liability ).\n- (a) may be discharged only by the discharging of it to the distributor-retailer; and\n- (b) may only be enforced by the distributor-retailer.\n- (a) may be discharged only by the discharging of it by the distributor-retailer; and\n- (b) may be enforced only against the distributor-retailer.","sortOrder":268},{"sectionNumber":"sec.77C","sectionType":"section","heading":"Bundled agreement—mixed rights","content":"### sec.77C Bundled agreement—mixed rights\n\nThis section applies if—\nthe agreement is a bundled agreement; and\na term of the agreement gives a right to the local government; and\nthe right relates, or may relate, to—\na water aspect; and\nanother matter.\nThe right may be discharged only by the discharging of it to the local government.\nThe term requires another party to the agreement to give the local government security for the general performance of that party’s liabilities under the agreement. The term does not provide for any particular amount for water aspects. The security must be given to the local government.\nOnly the local government may enforce the right.\nThe term requires another party to the agreement to construct infrastructure to a particular standard. The standard is capable of applying to the water infrastructure and to other types of infrastructure. Only the local government may enforce the requirement.\nHowever, the local government must, at the distributor-retailer’s request, enforce the right to the extent it relates to water aspects.\nFor any enforcement by the local government under subsection (3) , any cost, damage or loss of the distributor-retailer relating to water aspects is taken to be a cost, damage or loss of the local government.\ns 77C ins 2010 No. 20 s 16\n(sec.77C-ssec.1) This section applies if— the agreement is a bundled agreement; and a term of the agreement gives a right to the local government; and the right relates, or may relate, to— a water aspect; and another matter.\n(sec.77C-ssec.2) The right may be discharged only by the discharging of it to the local government. The term requires another party to the agreement to give the local government security for the general performance of that party’s liabilities under the agreement. The term does not provide for any particular amount for water aspects. The security must be given to the local government.\n(sec.77C-ssec.3) Only the local government may enforce the right. The term requires another party to the agreement to construct infrastructure to a particular standard. The standard is capable of applying to the water infrastructure and to other types of infrastructure. Only the local government may enforce the requirement.\n(sec.77C-ssec.4) However, the local government must, at the distributor-retailer’s request, enforce the right to the extent it relates to water aspects.\n(sec.77C-ssec.5) For any enforcement by the local government under subsection (3) , any cost, damage or loss of the distributor-retailer relating to water aspects is taken to be a cost, damage or loss of the local government.\n- (a) the agreement is a bundled agreement; and\n- (b) a term of the agreement gives a right to the local government; and\n- (c) the right relates, or may relate, to— (i) a water aspect; and (ii) another matter.\n- (i) a water aspect; and\n- (ii) another matter.\n- (i) a water aspect; and\n- (ii) another matter.","sortOrder":269},{"sectionNumber":"sec.77D","sectionType":"section","heading":"Bundled agreement—mixed liabilities","content":"### sec.77D Bundled agreement—mixed liabilities\n\nThis section applies if—\nthe agreement is a bundled agreement; and\na term of the agreement imposes a liability on the local government; and\nthe liability relates, or may relate, to—\na water aspect; and\nanother matter.\nThe liability—\nmay be discharged only by the discharging of it by the local government; and\nmay be enforced only against the local government.\nFor the enforcement of a liability against the local government under subsection (2) , any interest or right of the distributor-retailer relating to water assets is taken to be an interest or right of the local government.\ns 77D ins 2010 No. 20 s 16\n(sec.77D-ssec.1) This section applies if— the agreement is a bundled agreement; and a term of the agreement imposes a liability on the local government; and the liability relates, or may relate, to— a water aspect; and another matter.\n(sec.77D-ssec.2) The liability— may be discharged only by the discharging of it by the local government; and may be enforced only against the local government.\n(sec.77D-ssec.3) For the enforcement of a liability against the local government under subsection (2) , any interest or right of the distributor-retailer relating to water assets is taken to be an interest or right of the local government.\n- (a) the agreement is a bundled agreement; and\n- (b) a term of the agreement imposes a liability on the local government; and\n- (c) the liability relates, or may relate, to— (i) a water aspect; and (ii) another matter.\n- (i) a water aspect; and\n- (ii) another matter.\n- (i) a water aspect; and\n- (ii) another matter.\n- (a) may be discharged only by the discharging of it by the local government; and\n- (b) may be enforced only against the local government.","sortOrder":270},{"sectionNumber":"sec.77E","sectionType":"section","heading":"Negotiation about mixed rights and liabilities","content":"### sec.77E Negotiation about mixed rights and liabilities\n\nThe local government and the distributor-retailer (each a negotiation party ) must negotiate in good faith about the extent to which each of them are to share the following—\nrights to which section 77C applies;\nliabilities to which section 77D applies;\ncosts incurred because of enforcement mentioned in section 77C ;\nany costs, damage, liability or loss the local government incurs because of section 77D (2) .\nIf, after the negotiation, the negotiation parties are in dispute about a matter mentioned in subsection (1) , either negotiation party may refer the dispute to the Minister.\nThe Minister may resolve the dispute in any way the Minister considers appropriate that affords natural justice to the negotiation parties.\nThe Minister’s decision on the resolution of the dispute binds the negotiation parties.\nThe Minister may delegate the Minister’s functions under subsection (3) to an appropriately qualified public service officer.\ns 77E ins 2010 No. 20 s 16\namd 2012 No.1 s 105 sch\n(sec.77E-ssec.1) The local government and the distributor-retailer (each a negotiation party ) must negotiate in good faith about the extent to which each of them are to share the following— rights to which section 77C applies; liabilities to which section 77D applies; costs incurred because of enforcement mentioned in section 77C ; any costs, damage, liability or loss the local government incurs because of section 77D (2) .\n(sec.77E-ssec.2) If, after the negotiation, the negotiation parties are in dispute about a matter mentioned in subsection (1) , either negotiation party may refer the dispute to the Minister.\n(sec.77E-ssec.3) The Minister may resolve the dispute in any way the Minister considers appropriate that affords natural justice to the negotiation parties.\n(sec.77E-ssec.4) The Minister’s decision on the resolution of the dispute binds the negotiation parties.\n(sec.77E-ssec.5) The Minister may delegate the Minister’s functions under subsection (3) to an appropriately qualified public service officer.\n- (a) rights to which section 77C applies;\n- (b) liabilities to which section 77D applies;\n- (c) costs incurred because of enforcement mentioned in section 77C ;\n- (d) any costs, damage, liability or loss the local government incurs because of section 77D (2) .","sortOrder":271},{"sectionNumber":"sec.77F","sectionType":"section","heading":"Other necessary changes to be made for transition","content":"### sec.77F Other necessary changes to be made for transition\n\nThis section applies subject to the other provisions of this subdivision.\nReferences in the agreement to the local government are taken to be changed to reflect any necessary changes for the transition from the local government to the distributor-retailer.\ns 77F ins 2010 No. 20 s 16\n(sec.77F-ssec.1) This section applies subject to the other provisions of this subdivision.\n(sec.77F-ssec.2) References in the agreement to the local government are taken to be changed to reflect any necessary changes for the transition from the local government to the distributor-retailer.","sortOrder":272},{"sectionNumber":"sec.77G","sectionType":"section","heading":"Other party’s rights and liabilities not affected","content":"### sec.77G Other party’s rights and liabilities not affected\n\nTo remove any doubt, it is declared that this subdivision does not create any greater right for, or impose any greater liability on, a party to the agreement other than the local government or the distributor-retailer.\nSee also section 68 (Effect on legal relationships).\ns 77G ins 2010 No. 20 s 16","sortOrder":273},{"sectionNumber":"sec.77H","sectionType":"section","heading":"Provision for things done under agreement before the transfer","content":"### sec.77H Provision for things done under agreement before the transfer\n\nThe transfer of the water infrastructure under the transition document does not affect the validity of any of the following done before the transfer—\nan infrastructure charge or cost levied by the local government under the repealed SPA , chapter 8 , part 1 or the repealed IPA , chapter 5 , part 1 ;\na condition imposed by the local government under the repealed SPA , chapter 8 , part 1 or section 848 or repealed IPA , chapter 5 , part 1 or section 6.1.31 ;\nany other decision, charge, condition, contribution or agreement made, levied or imposed by the local government under the repealed SPA or repealed IPA .\ns 77H ins 2010 No. 20 s 16\namd 2016 No. 27 s 455\n- (a) an infrastructure charge or cost levied by the local government under the repealed SPA , chapter 8 , part 1 or the repealed IPA , chapter 5 , part 1 ;\n- (b) a condition imposed by the local government under the repealed SPA , chapter 8 , part 1 or section 848 or repealed IPA , chapter 5 , part 1 or section 6.1.31 ;\n- (c) any other decision, charge, condition, contribution or agreement made, levied or imposed by the local government under the repealed SPA or repealed IPA .","sortOrder":274},{"sectionNumber":"sec.77I","sectionType":"section","heading":"Application of sdiv 3A","content":"### sec.77I Application of sdiv 3A\n\nThis subdivision applies for a relevant action by a participating local government of a distributor-retailer if—\nunder the relevant action a liability to the local government has accrued to it, or may at any time accrue to it; and\nall or part of the liability is for—\nwater infrastructure constructed or to be constructed in the distributor-retailer’s geographic area; or\na charge for the provision of water services or wastewater services.\nThis subdivision applies subject to any transition document relating to the distributor-retailer.\nIn this section—\nrelevant action means any of the following—\na compliance permit, development approval, decision, charge, condition or contribution under the repealed SPA decided, made, levied or imposed before 1 July 2010;\na development approval under the repealed SPA decided after 1 July 2010 if the relevant development application was made before 1 July 2010;\na compliance permit under the repealed SPA decided after 1 July 2010, if the relevant request for compliance assessment under that Act was made before 1 July 2010;\nan approval of a plan under the repealed Integrated Planning Act 1997 , chapter 3 , part 7 , as continued in force under the repealed SPA , section 815 .\ns 77I ins 2010 No. 20 s 16\namd 2016 No. 27 s 456\n(sec.77I-ssec.1) This subdivision applies for a relevant action by a participating local government of a distributor-retailer if— under the relevant action a liability to the local government has accrued to it, or may at any time accrue to it; and all or part of the liability is for— water infrastructure constructed or to be constructed in the distributor-retailer’s geographic area; or a charge for the provision of water services or wastewater services.\n(sec.77I-ssec.2) This subdivision applies subject to any transition document relating to the distributor-retailer.\n(sec.77I-ssec.3) In this section— relevant action means any of the following— a compliance permit, development approval, decision, charge, condition or contribution under the repealed SPA decided, made, levied or imposed before 1 July 2010; a development approval under the repealed SPA decided after 1 July 2010 if the relevant development application was made before 1 July 2010; a compliance permit under the repealed SPA decided after 1 July 2010, if the relevant request for compliance assessment under that Act was made before 1 July 2010; an approval of a plan under the repealed Integrated Planning Act 1997 , chapter 3 , part 7 , as continued in force under the repealed SPA , section 815 .\n- (a) under the relevant action a liability to the local government has accrued to it, or may at any time accrue to it; and\n- (b) all or part of the liability is for— (i) water infrastructure constructed or to be constructed in the distributor-retailer’s geographic area; or (ii) a charge for the provision of water services or wastewater services.\n- (i) water infrastructure constructed or to be constructed in the distributor-retailer’s geographic area; or\n- (ii) a charge for the provision of water services or wastewater services.\n- (i) water infrastructure constructed or to be constructed in the distributor-retailer’s geographic area; or\n- (ii) a charge for the provision of water services or wastewater services.\n- (a) a compliance permit, development approval, decision, charge, condition or contribution under the repealed SPA decided, made, levied or imposed before 1 July 2010;\n- (b) a development approval under the repealed SPA decided after 1 July 2010 if the relevant development application was made before 1 July 2010;\n- (c) a compliance permit under the repealed SPA decided after 1 July 2010, if the relevant request for compliance assessment under that Act was made before 1 July 2010;\n- (d) an approval of a plan under the repealed Integrated Planning Act 1997 , chapter 3 , part 7 , as continued in force under the repealed SPA , section 815 .","sortOrder":275},{"sectionNumber":"sec.77J","sectionType":"section","heading":"Transfer of liability in particular circumstance","content":"### sec.77J Transfer of liability in particular circumstance\n\nIf all of the liability is for water infrastructure or for the charge for water services or wastewater services, the liability is taken to be a liability to the distributor-retailer instead of the local government.\ns 77J ins 2010 No. 20 s 16","sortOrder":276},{"sectionNumber":"sec.77K","sectionType":"section","heading":"Provisions for sharing benefit of liability not solely for water infrastructure","content":"### sec.77K Provisions for sharing benefit of liability not solely for water infrastructure\n\nThis section applies if—\nthe liability is for the water infrastructure; and\nunder the relevant action there is also a liability for infrastructure other than water infrastructure; and\nthe terms of the relevant action do not attribute a specific part of the liability to the water infrastructure.\nThe local government and the distributor-retailer (each a negotiation party ) must negotiate in good faith about the extent to which each of them is to share the benefit of the liability.\nIf, after the negotiation, the negotiation parties are in dispute about how to share the liability, either negotiation party may refer the dispute to the Minister.\nThe Minister may resolve the dispute in any way the Minister considers appropriate that affords natural justice to the negotiation parties.\nThe Minister’s decision on the resolution of the dispute binds the negotiation parties.\nThe Minister may delegate the Minister’s functions under this section to an appropriately qualified public service officer.\ns 77K ins 2010 No. 20 s 16\namd 2012 No. 1 s 105 sch\n(sec.77K-ssec.1) This section applies if— the liability is for the water infrastructure; and under the relevant action there is also a liability for infrastructure other than water infrastructure; and the terms of the relevant action do not attribute a specific part of the liability to the water infrastructure.\n(sec.77K-ssec.2) The local government and the distributor-retailer (each a negotiation party ) must negotiate in good faith about the extent to which each of them is to share the benefit of the liability.\n(sec.77K-ssec.3) If, after the negotiation, the negotiation parties are in dispute about how to share the liability, either negotiation party may refer the dispute to the Minister.\n(sec.77K-ssec.4) The Minister may resolve the dispute in any way the Minister considers appropriate that affords natural justice to the negotiation parties.\n(sec.77K-ssec.5) The Minister’s decision on the resolution of the dispute binds the negotiation parties.\n(sec.77K-ssec.6) The Minister may delegate the Minister’s functions under this section to an appropriately qualified public service officer.\n- (a) the liability is for the water infrastructure; and\n- (b) under the relevant action there is also a liability for infrastructure other than water infrastructure; and\n- (c) the terms of the relevant action do not attribute a specific part of the liability to the water infrastructure.","sortOrder":277},{"sectionNumber":"sec.77L","sectionType":"section","heading":"Changes in references under relevant action","content":"### sec.77L Changes in references under relevant action\n\nA reference in the relevant action to the carrying out of water infrastructure work by the local government is taken to be a reference to the distributor-retailer carrying out the work.\nA reference in the relevant action to the person who bears the liability to do something relating to the local government concerning the water infrastructure is taken to be a reference to the person doing that thing relating to the distributor-retailer.\nOther references in the relevant action to the local government are taken to be changed to reflect any necessary changes for the transition from the local government to the distributor-retailer.\ns 77L ins 2010 No. 20 s 16\n(sec.77L-ssec.1) A reference in the relevant action to the carrying out of water infrastructure work by the local government is taken to be a reference to the distributor-retailer carrying out the work.\n(sec.77L-ssec.2) A reference in the relevant action to the person who bears the liability to do something relating to the local government concerning the water infrastructure is taken to be a reference to the person doing that thing relating to the distributor-retailer.\n(sec.77L-ssec.3) Other references in the relevant action to the local government are taken to be changed to reflect any necessary changes for the transition from the local government to the distributor-retailer.","sortOrder":278},{"sectionNumber":"sec.78","sectionType":"section","heading":"Reconfiguring a lot after transfer scheme or notice takes effect","content":"### sec.78 Reconfiguring a lot after transfer scheme or notice takes effect\n\nThis section applies if a transition document transfers or requires the transfer from a local government to a distributor-retailer of—\npart of a lot, as described in a plan of subdivision for reconfiguring the lot, on which a transferred asset is situated; or\npart of a lot that is transferred land as described in a plan of subdivision for reconfiguring the lot; or\npart of a lot that is adjacent to transferred land as described in a plan of subdivision for reconfiguring the lot.\nThe distributor-retailer may lodge in the land registry under the Land Title Act the plan of subdivision for reconfiguring the lot to give effect to the transfer or requirement.\nThe Planning Act does not apply to the reconfiguring of the lot.\nDespite the Land Title Act , section 50 the plan of subdivision for reconfiguring the lot does not require the agreement, approval or consent of any entity.\nIn this section—\ntransferred asset means an asset transferred under a transition document without the transfer of land to which the asset is attached.\ntransferred land means land transferred under a transition document.\ns 78 amd 2009 No. 46 s 112 ; 2016 No. 27 s 457\n(sec.78-ssec.1) This section applies if a transition document transfers or requires the transfer from a local government to a distributor-retailer of— part of a lot, as described in a plan of subdivision for reconfiguring the lot, on which a transferred asset is situated; or part of a lot that is transferred land as described in a plan of subdivision for reconfiguring the lot; or part of a lot that is adjacent to transferred land as described in a plan of subdivision for reconfiguring the lot.\n(sec.78-ssec.2) The distributor-retailer may lodge in the land registry under the Land Title Act the plan of subdivision for reconfiguring the lot to give effect to the transfer or requirement.\n(sec.78-ssec.3) The Planning Act does not apply to the reconfiguring of the lot.\n(sec.78-ssec.4) Despite the Land Title Act , section 50 the plan of subdivision for reconfiguring the lot does not require the agreement, approval or consent of any entity.\n(sec.78-ssec.5) In this section— transferred asset means an asset transferred under a transition document without the transfer of land to which the asset is attached. transferred land means land transferred under a transition document.\n- (a) part of a lot, as described in a plan of subdivision for reconfiguring the lot, on which a transferred asset is situated; or\n- (b) part of a lot that is transferred land as described in a plan of subdivision for reconfiguring the lot; or\n- (c) part of a lot that is adjacent to transferred land as described in a plan of subdivision for reconfiguring the lot.","sortOrder":279},{"sectionNumber":"sec.78A","sectionType":"section","heading":null,"content":"### Section sec.78A\n\ns 78A ins 2010 No. 20 s 17\namd 2014 No. 16 s 101 sch 1\nom 2016 No. 27 s 458","sortOrder":280},{"sectionNumber":"sec.78B","sectionType":"section","heading":null,"content":"### Section sec.78B\n\ns 78B ins 2010 No. 20 s 17\namd 2012 No. 34 s 13\nom 2016 No. 27 s 458","sortOrder":281},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Workforce provisions—preservation of rights of employees","content":"# Workforce provisions—preservation of rights of employees","sortOrder":282},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2012 No. 13 s 7 (retro)","sortOrder":283},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 om 2012 No. 13 s 7 (retro)","sortOrder":284},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application of pt 4","content":"### sec.81 Application of pt 4\n\nThis part applies to the transfer of an employee of a local government (the former employer ) to a distributor-retailer (the new employer ) under a transition document.\ns 81 amd 2012 No. 13 s 8 (retro)","sortOrder":285},{"sectionNumber":"sec.82","sectionType":"section","heading":"Continuity of employment","content":"### sec.82 Continuity of employment\n\nThe transfer does not—\ninterrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or\nconstitute a termination of employment by the former employer or a retrenchment or redundancy; or\nentitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or\nrequire the former employer to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.\nThe transfer has effect despite any other law, contract or other instrument.\n(sec.82-ssec.1) The transfer does not— interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or constitute a termination of employment by the former employer or a retrenchment or redundancy; or entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or require the former employer to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.\n(sec.82-ssec.2) The transfer has effect despite any other law, contract or other instrument.\n- (a) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or\n- (b) constitute a termination of employment by the former employer or a retrenchment or redundancy; or\n- (c) entitle the employee to a payment or other benefit because he or she is no longer employed by the former employer; or\n- (d) require the former employer to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former employer and the employee.","sortOrder":286},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 om 2012 No. 13 s 9 (retro)","sortOrder":287},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Provisions for separate transfers of land and attached assets","content":"# Provisions for separate transfers of land and attached assets","sortOrder":288},{"sectionNumber":"sec.84","sectionType":"section","heading":"Application of pt 5","content":"### sec.84 Application of pt 5\n\nThis part applies if—\na local government owns land or is the trustee of trust land to which an asset is attached; and\nthe land or asset is transferred or the local government is removed as trustee for the trust land and a distributor-retailer is appointed as trustee under a transfer scheme or transfer notice; and\nafter the transfer or change in the trusteeship, one entity (the asset owner ) owns the asset and another entity (the landowner ) owns or occupies the land to which the asset is attached.\nTo remove any doubt, it is declared that this part applies to anyone who owns or occupies the land at any time after the transfer.\n(sec.84-ssec.1) This part applies if— a local government owns land or is the trustee of trust land to which an asset is attached; and the land or asset is transferred or the local government is removed as trustee for the trust land and a distributor-retailer is appointed as trustee under a transfer scheme or transfer notice; and after the transfer or change in the trusteeship, one entity (the asset owner ) owns the asset and another entity (the landowner ) owns or occupies the land to which the asset is attached.\n(sec.84-ssec.2) To remove any doubt, it is declared that this part applies to anyone who owns or occupies the land at any time after the transfer.\n- (a) a local government owns land or is the trustee of trust land to which an asset is attached; and\n- (b) the land or asset is transferred or the local government is removed as trustee for the trust land and a distributor-retailer is appointed as trustee under a transfer scheme or transfer notice; and\n- (c) after the transfer or change in the trusteeship, one entity (the asset owner ) owns the asset and another entity (the landowner ) owns or occupies the land to which the asset is attached.","sortOrder":289},{"sectionNumber":"sec.85","sectionType":"section","heading":"References to land with asset attached","content":"### sec.85 References to land with asset attached\n\nA reference in this part to land to which an asset is attached is a reference to the parcel of land for which there is an instrument of title that includes the particular area covered by the asset.","sortOrder":290},{"sectionNumber":"sec.86","sectionType":"section","heading":"Entry to and use of land and structures by asset owner","content":"### sec.86 Entry to and use of land and structures by asset owner\n\nThis section applies for the following places—\nthe land to which an asset is attached (the relevant land );\nany other land owned or occupied by the landowner that forms a contiguous parcel of land with the relevant land;\nany structure on the relevant land.\nAn employee or agent of the asset owner may enter the place at all reasonable times if the entry is—\nnecessary to do something relating to the asset for the performance of the asset owner’s functions as a distributor-retailer; or\nnecessary for the continued use of the asset in a way it was lawfully used before the transfer.\ncarrying facilities into, through, across or under the land\nperforming work on the land\ninspecting, operating, changing, maintaining, removing, repairing or replacing the asset\nAlso, the asset owner may allow other persons to enter the place at the times stated and as otherwise provided for in the transfer scheme or transfer notice.\nThis section does not apply to the entry of a structure or the part of a structure used for residential purposes.\nTo remove any doubt, it is declared that this section does not limit the making of other agreements between the asset owner and landowner about entry to or use of the place.\n(sec.86-ssec.1) This section applies for the following places— the land to which an asset is attached (the relevant land ); any other land owned or occupied by the landowner that forms a contiguous parcel of land with the relevant land; any structure on the relevant land.\n(sec.86-ssec.2) An employee or agent of the asset owner may enter the place at all reasonable times if the entry is— necessary to do something relating to the asset for the performance of the asset owner’s functions as a distributor-retailer; or necessary for the continued use of the asset in a way it was lawfully used before the transfer. carrying facilities into, through, across or under the land performing work on the land inspecting, operating, changing, maintaining, removing, repairing or replacing the asset\n(sec.86-ssec.3) Also, the asset owner may allow other persons to enter the place at the times stated and as otherwise provided for in the transfer scheme or transfer notice.\n(sec.86-ssec.4) This section does not apply to the entry of a structure or the part of a structure used for residential purposes.\n(sec.86-ssec.5) To remove any doubt, it is declared that this section does not limit the making of other agreements between the asset owner and landowner about entry to or use of the place.\n- (a) the land to which an asset is attached (the relevant land );\n- (b) any other land owned or occupied by the landowner that forms a contiguous parcel of land with the relevant land;\n- (c) any structure on the relevant land.\n- (a) necessary to do something relating to the asset for the performance of the asset owner’s functions as a distributor-retailer; or\n- (b) necessary for the continued use of the asset in a way it was lawfully used before the transfer.\n- • carrying facilities into, through, across or under the land\n- • performing work on the land\n- • inspecting, operating, changing, maintaining, removing, repairing or replacing the asset","sortOrder":291},{"sectionNumber":"sec.87","sectionType":"section","heading":"Compensation to landowner for entry and use","content":"### sec.87 Compensation to landowner for entry and use\n\nIf the landowner incurs loss or damage because of the asset owner’s exercise of a power under section 86 , the landowner is entitled to be paid compensation by the asset owner—\nas worked out under the transfer scheme or transfer notice; or\nas otherwise agreed between them.\n(sec.87-ssec) If the landowner incurs loss or damage because of the asset owner’s exercise of a power under section 86 , the landowner is entitled to be paid compensation by the asset owner— as worked out under the transfer scheme or transfer notice; or as otherwise agreed between them.\n- (a) as worked out under the transfer scheme or transfer notice; or\n- (b) as otherwise agreed between them.","sortOrder":292},{"sectionNumber":"sec.88","sectionType":"section","heading":"Landowner’s obligations for asset","content":"### sec.88 Landowner’s obligations for asset\n\nThe landowner can not, without the asset owner’s written consent—\ninterfere with the asset; or\ntake any step to change the use of the land to which the asset is attached; or\ncarry out material works or make material improvements to the land; or\ngrant rights to anyone else relating to the land that are inconsistent with the asset owner’s rights under section 86 or use of the asset.\nMaximum penalty—50 penalty units.\n- (a) interfere with the asset; or\n- (b) take any step to change the use of the land to which the asset is attached; or\n- (c) carry out material works or make material improvements to the land; or\n- (d) grant rights to anyone else relating to the land that are inconsistent with the asset owner’s rights under section 86 or use of the asset.","sortOrder":293},{"sectionNumber":"sec.89","sectionType":"section","heading":"Registration of information about asset","content":"### sec.89 Registration of information about asset\n\nThe asset owner may give a written request to the registrar to record the following information—\nthat this part applies to the land to which the asset is attached;\na description of the asset;\nthe name of the asset owner.\nOn receiving the request, the registrar must make a record in a way that a search of a relevant register kept by the registrar under the Land Act or the Land Title Act will show the information.\nOn written request from the asset owner, the registrar must cancel the record.\n(sec.89-ssec.1) The asset owner may give a written request to the registrar to record the following information— that this part applies to the land to which the asset is attached; a description of the asset; the name of the asset owner.\n(sec.89-ssec.2) On receiving the request, the registrar must make a record in a way that a search of a relevant register kept by the registrar under the Land Act or the Land Title Act will show the information.\n(sec.89-ssec.3) On written request from the asset owner, the registrar must cancel the record.\n- (a) that this part applies to the land to which the asset is attached;\n- (b) a description of the asset;\n- (c) the name of the asset owner.","sortOrder":294},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Provisions for easements","content":"# Provisions for easements","sortOrder":295},{"sectionNumber":"sec.90","sectionType":"section","heading":"Application of pt 6","content":"### sec.90 Application of pt 6\n\nThis part applies if—\na participating local government for a distributor-retailer is the grantee under an easement; and\nthe purpose for which the easement was created includes water supply or sewerage purposes.\nIn this section—\neasement includes a public utility easement under the Land Act or the Land Title Act .\n(sec.90-ssec.1) This part applies if— a participating local government for a distributor-retailer is the grantee under an easement; and the purpose for which the easement was created includes water supply or sewerage purposes.\n(sec.90-ssec.2) In this section— easement includes a public utility easement under the Land Act or the Land Title Act .\n- (a) a participating local government for a distributor-retailer is the grantee under an easement; and\n- (b) the purpose for which the easement was created includes water supply or sewerage purposes.","sortOrder":296},{"sectionNumber":"sec.91","sectionType":"section","heading":"Rights, liabilities and obligations under easement","content":"### sec.91 Rights, liabilities and obligations under easement\n\nTo the extent the easement relates to the purposes, the distributor-retailer—\nmay exercise the same rights as the local government; and\nis subject to the same liabilities and obligations as the local government.\nHowever, the rights may be exercised only for the construction, installation, repair, replacement or removal of infrastructure relating to the purposes.\nThis section does not remove or otherwise affect the local government’s rights, liabilities and obligations under the easement.\nThe distributor-retailer and the local government may make an agreement about the joint use of the easement.\n(sec.91-ssec.1) To the extent the easement relates to the purposes, the distributor-retailer— may exercise the same rights as the local government; and is subject to the same liabilities and obligations as the local government.\n(sec.91-ssec.2) However, the rights may be exercised only for the construction, installation, repair, replacement or removal of infrastructure relating to the purposes.\n(sec.91-ssec.3) This section does not remove or otherwise affect the local government’s rights, liabilities and obligations under the easement.\n(sec.91-ssec.4) The distributor-retailer and the local government may make an agreement about the joint use of the easement.\n- (a) may exercise the same rights as the local government; and\n- (b) is subject to the same liabilities and obligations as the local government.","sortOrder":297},{"sectionNumber":"sec.92","sectionType":"section","heading":"Registration of information about easement","content":"### sec.92 Registration of information about easement\n\nThe local government or the distributor-retailer may give a written request to the registrar to record the following information—\nthat this part applies to the easement;\nan identifying number of the easement;\nthe distributor-retailer’s name.\nOn receiving the request, the registrar must make a record in a way that a search of a relevant register kept by the registrar under the Land Act or the Land Title Act will show the information.\nOn written request from the local government or the distributor-retailer, the registrar must cancel the record.\n(sec.92-ssec.1) The local government or the distributor-retailer may give a written request to the registrar to record the following information— that this part applies to the easement; an identifying number of the easement; the distributor-retailer’s name.\n(sec.92-ssec.2) On receiving the request, the registrar must make a record in a way that a search of a relevant register kept by the registrar under the Land Act or the Land Title Act will show the information.\n(sec.92-ssec.3) On written request from the local government or the distributor-retailer, the registrar must cancel the record.\n- (a) that this part applies to the easement;\n- (b) an identifying number of the easement;\n- (c) the distributor-retailer’s name.","sortOrder":298},{"sectionNumber":"ch.3A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":299},{"sectionNumber":"sec.92AA","sectionType":"section","heading":"Application of ch 3A","content":"### sec.92AA Application of ch 3A\n\nThis chapter applies, and anything done under it takes effect, despite any other provision of this Act or another law, a transfer document, a participation agreement or a contract or other instrument.\ns 92AA ins 2012 No. 1 s 23","sortOrder":300},{"sectionNumber":"sec.92AB","sectionType":"section","heading":"What is Allconnex","content":"### sec.92AB What is Allconnex\n\nAllconnex is the Southern SEQ Distributor-Retailer Authority.\ns 92AB ins 2012 No. 1 s 23","sortOrder":301},{"sectionNumber":"sec.92AC","sectionType":"section","heading":"What is a withdrawn council","content":"### sec.92AC What is a withdrawn council\n\nA withdrawn council is—\nthe Gold Coast City Council; or\nthe Logan City Council; or\nthe Redland City Council.\nThe withdrawn councils are Allconnex’s participating local governments.\ns 92AC ins 2012 No. 1 s 23\n- (a) the Gold Coast City Council; or\n- (b) the Logan City Council; or\n- (c) the Redland City Council.","sortOrder":302},{"sectionNumber":"sec.92AD","sectionType":"section","heading":"What is Allconnex’s successor","content":"### sec.92AD What is Allconnex’s successor\n\nAllconnex’s successor is—\nfor a provision about a customer—the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the Water Supply Act , schedule 3 , definition customer ; or\nfor a provision about an asset, liability or matter that, under a retransfer document or part 4 , division 2 , is transferred to a withdrawn council—that council; or\nfor an infrastructure agreement that provides for water infrastructure for a withdrawn council’s local government area—that council; or\nfor a provision about a matter not provided for under paragraphs (a) to (c) —the geographically-connected withdrawn council.\nUnder this chapter, water infrastructure is transferred to a withdrawn council. That council is Allconnex’s successor for a provision about a trade waste approval by it authorising discharge into the infrastructure.\nIf a matter is located in, or relates to, more than 1 withdrawn council’s local government area, each of them is a successor of Allconnex.\nIf, under this chapter, the withdrawn councils are stated to be Allconnex’s proportional joint successor for a matter, all of them are its joint successor, rateably in accordance with their participation rights under Allconnex’s participation agreement immediately before the retransfer.\nIn this section—\nliability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act.\nmatter includes—\nan authority, application, document, proceeding and water infrastructure; and\na relevant action under section 77I (3) , definition relevant action ; and\nan Allconnex infrastructure funding matter.\ns 92AD ins 2012 No. 1 s 23\n(sec.92AD-ssec.1) Allconnex’s successor is— for a provision about a customer—the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the Water Supply Act , schedule 3 , definition customer ; or for a provision about an asset, liability or matter that, under a retransfer document or part 4 , division 2 , is transferred to a withdrawn council—that council; or for an infrastructure agreement that provides for water infrastructure for a withdrawn council’s local government area—that council; or for a provision about a matter not provided for under paragraphs (a) to (c) —the geographically-connected withdrawn council. Under this chapter, water infrastructure is transferred to a withdrawn council. That council is Allconnex’s successor for a provision about a trade waste approval by it authorising discharge into the infrastructure.\n(sec.92AD-ssec.2) If a matter is located in, or relates to, more than 1 withdrawn council’s local government area, each of them is a successor of Allconnex.\n(sec.92AD-ssec.3) If, under this chapter, the withdrawn councils are stated to be Allconnex’s proportional joint successor for a matter, all of them are its joint successor, rateably in accordance with their participation rights under Allconnex’s participation agreement immediately before the retransfer.\n(sec.92AD-ssec.4) In this section— liability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act. matter includes— an authority, application, document, proceeding and water infrastructure; and a relevant action under section 77I (3) , definition relevant action ; and an Allconnex infrastructure funding matter.\n- (a) for a provision about a customer—the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the Water Supply Act , schedule 3 , definition customer ; or\n- (b) for a provision about an asset, liability or matter that, under a retransfer document or part 4 , division 2 , is transferred to a withdrawn council—that council; or\n- (c) for an infrastructure agreement that provides for water infrastructure for a withdrawn council’s local government area—that council; or\n- (d) for a provision about a matter not provided for under paragraphs (a) to (c) —the geographically-connected withdrawn council. Example for paragraph (d) — Under this chapter, water infrastructure is transferred to a withdrawn council. That council is Allconnex’s successor for a provision about a trade waste approval by it authorising discharge into the infrastructure.\n- (a) an authority, application, document, proceeding and water infrastructure; and\n- (b) a relevant action under section 77I (3) , definition relevant action ; and\n- (c) an Allconnex infrastructure funding matter.","sortOrder":303},{"sectionNumber":"ch.3A-pt.2","sectionType":"part","heading":"General provisions for retransfer to withdrawn councils on 1 July 2012","content":"# General provisions for retransfer to withdrawn councils on 1 July 2012","sortOrder":304},{"sectionNumber":"ch.3A-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":305},{"sectionNumber":"sec.92AE","sectionType":"section","heading":"Application of pt 2","content":"### sec.92AE Application of pt 2\n\nThis part applies from the end of 30 June 2012.\ns 92AE ins 2012 No. 1 s 23","sortOrder":306},{"sectionNumber":"ch.3A-pt.2-div.2","sectionType":"division","heading":"General service provider provisions","content":"## General service provider provisions","sortOrder":307},{"sectionNumber":"sec.92AF","sectionType":"section","heading":"Allconnex ceases to be service provider","content":"### sec.92AF Allconnex ceases to be service provider\n\nAllconnex ceases to be a service provider.\ns 92AF ins 2012 No. 1 s 23","sortOrder":308},{"sectionNumber":"sec.92AG","sectionType":"section","heading":"Withdrawn councils become service providers","content":"### sec.92AG Withdrawn councils become service providers\n\nEach withdrawn council becomes a service provider for its local government area.\nThe Water Supply Act , section 20 does not apply to a withdrawn council.\nA withdrawn council continues to be a service provider, subject to the Water Supply Act .\nA withdrawn council must, as soon as practicable, give the regulator the information mentioned in the Water Supply Act , section 12 about the council as a service provider.\ns 92AG ins 2012 No. 1 s 23\n(sec.92AG-ssec.1) Each withdrawn council becomes a service provider for its local government area.\n(sec.92AG-ssec.2) The Water Supply Act , section 20 does not apply to a withdrawn council.\n(sec.92AG-ssec.3) A withdrawn council continues to be a service provider, subject to the Water Supply Act .\n(sec.92AG-ssec.4) A withdrawn council must, as soon as practicable, give the regulator the information mentioned in the Water Supply Act , section 12 about the council as a service provider.","sortOrder":309},{"sectionNumber":"sec.92AH","sectionType":"section","heading":"No notice to regulator required","content":"### sec.92AH No notice to regulator required\n\nThe Water Supply Act , sections 24 and 25 do not apply for Allconnex’s cessation as, or the withdrawn councils becoming, a service provider.\ns 92AH ins 2012 No. 1 s 23","sortOrder":310},{"sectionNumber":"sec.92AI","sectionType":"section","heading":"Withdrawn council’s initial service area","content":"### sec.92AI Withdrawn council’s initial service area\n\nA withdrawn council’s service area is that part of its local government area (the new area ) that was in Allconnex’s service area at the end of 30 June 2012.\nThis section—\ndoes not prevent the Water Supply Act , chapter 2 , part 5 , division 2 from applying to the new area; but\nis subject to section 92DB .\ns 92AI ins 2012 No. 1 s 23\n(sec.92AI-ssec.1) A withdrawn council’s service area is that part of its local government area (the new area ) that was in Allconnex’s service area at the end of 30 June 2012.\n(sec.92AI-ssec.2) This section— does not prevent the Water Supply Act , chapter 2 , part 5 , division 2 from applying to the new area; but is subject to section 92DB .\n- (a) does not prevent the Water Supply Act , chapter 2 , part 5 , division 2 from applying to the new area; but\n- (b) is subject to section 92DB .","sortOrder":311},{"sectionNumber":"sec.92AJ","sectionType":"section","heading":"Creation of commercial business units for withdrawn councils","content":"### sec.92AJ Creation of commercial business units for withdrawn councils\n\nFor LGA 2009 , each withdrawn council is taken to have decided by resolution to do the following—\ncommercialise a significant business for the services it provides as a water service provider (its WSP business );\ncreate a commercial business unit for its WSP business.\nUntil a withdrawn council decides otherwise, the name of its WSP business is the name of its commercial business unit for the services under the repealed Local Government Act 1993 immediately before 1 July 2010.\nIf a withdrawn council’s WSP business proposes to develop significant water infrastructure, the council must consult with any other withdrawn council or distributor-retailer whose local government area or geographic area adjoins the council’s local government area.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect a withdrawn council’s capacity under LGA 2009 to create a corporate entity to acquire and conduct its WSP business.\ns 92AJ ins 2012 No. 1 s 23\n(sec.92AJ-ssec.1) For LGA 2009 , each withdrawn council is taken to have decided by resolution to do the following— commercialise a significant business for the services it provides as a water service provider (its WSP business ); create a commercial business unit for its WSP business.\n(sec.92AJ-ssec.2) Until a withdrawn council decides otherwise, the name of its WSP business is the name of its commercial business unit for the services under the repealed Local Government Act 1993 immediately before 1 July 2010.\n(sec.92AJ-ssec.3) If a withdrawn council’s WSP business proposes to develop significant water infrastructure, the council must consult with any other withdrawn council or distributor-retailer whose local government area or geographic area adjoins the council’s local government area.\n(sec.92AJ-ssec.4) To remove any doubt, it is declared that this section does not limit or otherwise affect a withdrawn council’s capacity under LGA 2009 to create a corporate entity to acquire and conduct its WSP business.\n- (a) commercialise a significant business for the services it provides as a water service provider (its WSP business );\n- (b) create a commercial business unit for its WSP business.","sortOrder":312},{"sectionNumber":"sec.92AK","sectionType":"section","heading":"Migration of customers","content":"### sec.92AK Migration of customers\n\nA person who, at the end of 30 June 2012, is a customer of Allconnex as a service provider becomes a customer of its successor, as a service provider on 1 July 2012.\ns 92AK ins 2012 No. 1 s 23","sortOrder":313},{"sectionNumber":"sec.92AL","sectionType":"section","heading":"Migration of appointments and delegations","content":"### sec.92AL Migration of appointments and delegations\n\nThis section applies to a person who, at the end of 30 June 2012, holds an appointment or delegation from Allconnex about a matter.\nOn 1 July 2012, the person is taken to hold the appointment or delegation from Allconnex’s successor for the matter.\nSubsection (2) does not affect the successor’s power to end or change the appointment or delegation.\ns 92AL ins 2012 No. 1 s 23\n(sec.92AL-ssec.1) This section applies to a person who, at the end of 30 June 2012, holds an appointment or delegation from Allconnex about a matter.\n(sec.92AL-ssec.2) On 1 July 2012, the person is taken to hold the appointment or delegation from Allconnex’s successor for the matter.\n(sec.92AL-ssec.3) Subsection (2) does not affect the successor’s power to end or change the appointment or delegation.","sortOrder":314},{"sectionNumber":"ch.3A-pt.2-div.3","sectionType":"division","heading":"Transfer of Allconnex’s trade waste and seepage water functions under Water Supply Act","content":"## Transfer of Allconnex’s trade waste and seepage water functions under Water Supply Act","sortOrder":315},{"sectionNumber":"sec.92AM","sectionType":"section","heading":"Application of particular provisions of ch 2C","content":"### sec.92AM Application of particular provisions of ch 2C\n\nThe following provisions of chapter 2C , and any definitions relevant to them, apply for a withdrawn council, with the changes mentioned in subsection (2) —\nsection 53CL (c)\nsection 53CN\nsection 53DA\npart 2 , division 7\npart 3 .\nThe provisions apply—\nas if a reference in them to a discharge officer were a reference to a local government worker, under LGA 2009 , of the withdrawn council authorised by it to perform functions mentioned in section 53CL ; and\nas if a reference to a distributor-retailer included a reference to the withdrawn council; and\nwith other necessary changes.\ns 92AM ins 2012 No. 1 s 23\n(sec.92AM-ssec.1) The following provisions of chapter 2C , and any definitions relevant to them, apply for a withdrawn council, with the changes mentioned in subsection (2) — section 53CL (c) section 53CN section 53DA part 2 , division 7 part 3 .\n(sec.92AM-ssec.2) The provisions apply— as if a reference in them to a discharge officer were a reference to a local government worker, under LGA 2009 , of the withdrawn council authorised by it to perform functions mentioned in section 53CL ; and as if a reference to a distributor-retailer included a reference to the withdrawn council; and with other necessary changes.\n- • section 53CL (c)\n- • section 53CN\n- • section 53DA\n- • part 2 , division 7\n- • part 3 .\n- (a) as if a reference in them to a discharge officer were a reference to a local government worker, under LGA 2009 , of the withdrawn council authorised by it to perform functions mentioned in section 53CL ; and\n- (b) as if a reference to a distributor-retailer included a reference to the withdrawn council; and\n- (c) with other necessary changes.","sortOrder":316},{"sectionNumber":"sec.92AN","sectionType":"section","heading":"Other functions not affected","content":"### sec.92AN Other functions not affected\n\nTo remove any doubt, it is declared that this division does not limit or otherwise affect the withdrawn council’s or the local government worker’s functions under LGA 2009 .\ns 92AN ins 2012 No. 1 s 23","sortOrder":317},{"sectionNumber":"ch.3A-pt.2-div.4","sectionType":"division","heading":"Allconnex’s status, functions and board","content":"## Allconnex’s status, functions and board","sortOrder":318},{"sectionNumber":"sec.92AO","sectionType":"section","heading":"Legal status unaffected until dissolution","content":"### sec.92AO Legal status unaffected until dissolution\n\nTo remove any doubt, it is declared that, until Allconnex is dissolved, nothing in this chapter—\naffects its establishment and legal status under sections 8 and 9 ; or\nmakes the State liable for any of its liabilities.\ns 92AO ins 2012 No. 1 s 23\n- (a) affects its establishment and legal status under sections 8 and 9 ; or\n- (b) makes the State liable for any of its liabilities.","sortOrder":319},{"sectionNumber":"sec.92AP","sectionType":"section","heading":"Residual functions","content":"### sec.92AP Residual functions\n\nAllconnex can not perform functions other than those that are required, necessary or convenient—\nfor this chapter or a law applying to it until its dissolution; or\nbecause it has been a service provider or it continues to be a distributor-retailer.\ns 92AP ins 2012 No. 1 s 23\n- (a) for this chapter or a law applying to it until its dissolution; or\n- (b) because it has been a service provider or it continues to be a distributor-retailer.","sortOrder":320},{"sectionNumber":"sec.92AQ","sectionType":"section","heading":"Board","content":"### sec.92AQ Board\n\nThe old board provisions apply for Allconnex’s board.\nHowever, the associated employee restrictions do not apply.\nIn this section—\nassociated employee restrictions means sections 33 (4) and (5) and 35 (3) under the old board provisions.\nold board provisions means chapter 2 , part 4 , and the definition associated employee in the schedule, as in force before this section commences.\ns 92AQ ins 2012 No. 1 s 23\n(sec.92AQ-ssec.1) The old board provisions apply for Allconnex’s board.\n(sec.92AQ-ssec.2) However, the associated employee restrictions do not apply.\n(sec.92AQ-ssec.3) In this section— associated employee restrictions means sections 33 (4) and (5) and 35 (3) under the old board provisions. old board provisions means chapter 2 , part 4 , and the definition associated employee in the schedule, as in force before this section commences.","sortOrder":321},{"sectionNumber":"ch.3A-pt.3","sectionType":"part","heading":"Retransfer provisions","content":"# Retransfer provisions","sortOrder":322},{"sectionNumber":"ch.3A-pt.3-div.1","sectionType":"division","heading":"Retransfer scheme","content":"## Retransfer scheme","sortOrder":323},{"sectionNumber":"sec.92AR","sectionType":"section","heading":"Requirement to make scheme","content":"### sec.92AR Requirement to make scheme\n\nBefore 30 April 2012 Allconnex and all of the withdrawn councils (the parties ) must enter into an agreement (the retransfer scheme ) that—\nsubject to this chapter—\ntransfers at the end of 30 June 2012 all of Allconnex’s assets, employees (other than its chief executive officer), instruments and liabilities to the withdrawn councils; and\ndoes everything else of an incidental, consequential or supplemental nature the parties consider necessary for the following—\nthe transfers mentioned in subparagraph (i) ;\nfinancial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution;\nAllconnex’s dissolution; and\ncomplies with this division.\nThe matters mentioned in subsection (1) are the retransfer .\nThe retransfer must, as nearly as practicable, retransfer to each withdrawn council the assets, employees, instruments and liabilities that the council transferred to Allconnex under chapter 3 .\nHowever, subsection (3) does not apply if the parties unanimously otherwise agree.\ns 92AR ins 2012 No. 1 s 23\n(sec.92AR-ssec.1) Before 30 April 2012 Allconnex and all of the withdrawn councils (the parties ) must enter into an agreement (the retransfer scheme ) that— subject to this chapter— transfers at the end of 30 June 2012 all of Allconnex’s assets, employees (other than its chief executive officer), instruments and liabilities to the withdrawn councils; and does everything else of an incidental, consequential or supplemental nature the parties consider necessary for the following— the transfers mentioned in subparagraph (i) ; financial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution; Allconnex’s dissolution; and complies with this division.\n(sec.92AR-ssec.2) The matters mentioned in subsection (1) are the retransfer .\n(sec.92AR-ssec.3) The retransfer must, as nearly as practicable, retransfer to each withdrawn council the assets, employees, instruments and liabilities that the council transferred to Allconnex under chapter 3 .\n(sec.92AR-ssec.4) However, subsection (3) does not apply if the parties unanimously otherwise agree.\n- (a) subject to this chapter— (i) transfers at the end of 30 June 2012 all of Allconnex’s assets, employees (other than its chief executive officer), instruments and liabilities to the withdrawn councils; and (ii) does everything else of an incidental, consequential or supplemental nature the parties consider necessary for the following— (A) the transfers mentioned in subparagraph (i) ; (B) financial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution; (C) Allconnex’s dissolution; and\n- (i) transfers at the end of 30 June 2012 all of Allconnex’s assets, employees (other than its chief executive officer), instruments and liabilities to the withdrawn councils; and\n- (ii) does everything else of an incidental, consequential or supplemental nature the parties consider necessary for the following— (A) the transfers mentioned in subparagraph (i) ; (B) financial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution; (C) Allconnex’s dissolution; and\n- (A) the transfers mentioned in subparagraph (i) ;\n- (B) financial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution;\n- (C) Allconnex’s dissolution; and\n- (b) complies with this division.\n- (i) transfers at the end of 30 June 2012 all of Allconnex’s assets, employees (other than its chief executive officer), instruments and liabilities to the withdrawn councils; and\n- (ii) does everything else of an incidental, consequential or supplemental nature the parties consider necessary for the following— (A) the transfers mentioned in subparagraph (i) ; (B) financial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution; (C) Allconnex’s dissolution; and\n- (A) the transfers mentioned in subparagraph (i) ;\n- (B) financial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution;\n- (C) Allconnex’s dissolution; and\n- (A) the transfers mentioned in subparagraph (i) ;\n- (B) financial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution;\n- (C) Allconnex’s dissolution; and","sortOrder":324},{"sectionNumber":"sec.92AS","sectionType":"section","heading":"Restriction on scheme taking effect","content":"### sec.92AS Restriction on scheme taking effect\n\nThe retransfer scheme has no effect until the Minister publishes a gazette notice about it under section 92BA (2) .\ns 92AS ins 2012 No. 1 s 23","sortOrder":325},{"sectionNumber":"sec.92AT","sectionType":"section","heading":"Requirement to deal with proceedings and claims","content":"### sec.92AT Requirement to deal with proceedings and claims\n\nA retransfer scheme must provide for all of the following—\nthe withdrawn council that is to be Allconnex’s replacement for—\na proceeding by or against Allconnex; or\na cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started;\nhow the withdrawn councils are to receive, process and decide claims for contingent and other liabilities that, other than for this chapter or Allconnex’s dissolution, could have been made against Allconnex;\nall of the liabilities to be assumed by 1 or more of the withdrawn councils.\nHowever, if, under a transition document, Allconnex became a party to a proceeding instead of a withdrawn council, the retransfer scheme must provide that the council is the replacement for the proceeding.\nAlso, if Allconnex is, or may be, a party to a proceeding in the Planning and Environment Court or the Land Court about land, the retransfer scheme must provide that the replacement for the proceeding is the geographically-connected withdrawn council.\nIn this section—\nliability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act.\nproceeding includes a proceeding that has ended.\ns 92AT ins 2012 No. 1 s 23\n(sec.92AT-ssec.1) A retransfer scheme must provide for all of the following— the withdrawn council that is to be Allconnex’s replacement for— a proceeding by or against Allconnex; or a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started; how the withdrawn councils are to receive, process and decide claims for contingent and other liabilities that, other than for this chapter or Allconnex’s dissolution, could have been made against Allconnex; all of the liabilities to be assumed by 1 or more of the withdrawn councils.\n(sec.92AT-ssec.2) However, if, under a transition document, Allconnex became a party to a proceeding instead of a withdrawn council, the retransfer scheme must provide that the council is the replacement for the proceeding.\n(sec.92AT-ssec.3) Also, if Allconnex is, or may be, a party to a proceeding in the Planning and Environment Court or the Land Court about land, the retransfer scheme must provide that the replacement for the proceeding is the geographically-connected withdrawn council.\n(sec.92AT-ssec.4) In this section— liability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act. proceeding includes a proceeding that has ended.\n- (a) the withdrawn council that is to be Allconnex’s replacement for— (i) a proceeding by or against Allconnex; or (ii) a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started;\n- (i) a proceeding by or against Allconnex; or\n- (ii) a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started;\n- (b) how the withdrawn councils are to receive, process and decide claims for contingent and other liabilities that, other than for this chapter or Allconnex’s dissolution, could have been made against Allconnex;\n- (c) all of the liabilities to be assumed by 1 or more of the withdrawn councils.\n- (i) a proceeding by or against Allconnex; or\n- (ii) a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started;","sortOrder":326},{"sectionNumber":"sec.92AU","sectionType":"section","heading":"Accounting for assets and liabilities","content":"### sec.92AU Accounting for assets and liabilities\n\nThe retransfer scheme must do the following—\ninclude a process to account for the following—\nAllconnex’s unrealised assets and liabilities;\nAllconnex’s liabilities to the withdrawn councils;\nthe withdrawn councils’ liabilities to Allconnex;\ntransfer Allconnex’s assets in a way that includes the process and the operation of this chapter, including, for example, section 92BH ;\nprovide for all of Allconnex’s unrealised assets to be transferred to 1 or more of the withdrawn councils.\nSee also part 4 , division 2 (Default provisions).\nIn this section—\nunrealised includes—\nfor an asset—the right to the benefit of, or to a benefit under, any of the following—\na matter mentioned in section 77H ;\na relevant action under section 77I (3) , definition relevant action ;\nan Allconnex infrastructure funding matter;\nservice charges under section 92BH ; and\nfor a liability—a liability that Allconnex may have that has not been, or the amount of which has not been, ascertained, or that is contingent.\na liability the existence or amount of which depends on the outcome of a proceeding\ns 92AU ins 2012 No. 1 s 23\n(sec.92AU-ssec.1) The retransfer scheme must do the following— include a process to account for the following— Allconnex’s unrealised assets and liabilities; Allconnex’s liabilities to the withdrawn councils; the withdrawn councils’ liabilities to Allconnex; transfer Allconnex’s assets in a way that includes the process and the operation of this chapter, including, for example, section 92BH ; provide for all of Allconnex’s unrealised assets to be transferred to 1 or more of the withdrawn councils. See also part 4 , division 2 (Default provisions).\n(sec.92AU-ssec.2) In this section— unrealised includes— for an asset—the right to the benefit of, or to a benefit under, any of the following— a matter mentioned in section 77H ; a relevant action under section 77I (3) , definition relevant action ; an Allconnex infrastructure funding matter; service charges under section 92BH ; and for a liability—a liability that Allconnex may have that has not been, or the amount of which has not been, ascertained, or that is contingent. a liability the existence or amount of which depends on the outcome of a proceeding\n- (a) include a process to account for the following— (i) Allconnex’s unrealised assets and liabilities; (ii) Allconnex’s liabilities to the withdrawn councils; (iii) the withdrawn councils’ liabilities to Allconnex;\n- (i) Allconnex’s unrealised assets and liabilities;\n- (ii) Allconnex’s liabilities to the withdrawn councils;\n- (iii) the withdrawn councils’ liabilities to Allconnex;\n- (b) transfer Allconnex’s assets in a way that includes the process and the operation of this chapter, including, for example, section 92BH ;\n- (c) provide for all of Allconnex’s unrealised assets to be transferred to 1 or more of the withdrawn councils.\n- (i) Allconnex’s unrealised assets and liabilities;\n- (ii) Allconnex’s liabilities to the withdrawn councils;\n- (iii) the withdrawn councils’ liabilities to Allconnex;\n- (a) for an asset—the right to the benefit of, or to a benefit under, any of the following— (i) a matter mentioned in section 77H ; (ii) a relevant action under section 77I (3) , definition relevant action ; (iii) an Allconnex infrastructure funding matter; (iv) service charges under section 92BH ; and\n- (i) a matter mentioned in section 77H ;\n- (ii) a relevant action under section 77I (3) , definition relevant action ;\n- (iii) an Allconnex infrastructure funding matter;\n- (iv) service charges under section 92BH ; and\n- (b) for a liability—a liability that Allconnex may have that has not been, or the amount of which has not been, ascertained, or that is contingent. Example of a contingent liability— a liability the existence or amount of which depends on the outcome of a proceeding\n- (i) a matter mentioned in section 77H ;\n- (ii) a relevant action under section 77I (3) , definition relevant action ;\n- (iii) an Allconnex infrastructure funding matter;\n- (iv) service charges under section 92BH ; and","sortOrder":327},{"sectionNumber":"sec.92AV","sectionType":"section","heading":"Requirement to retransfer particular land to same withdrawn council","content":"### sec.92AV Requirement to retransfer particular land to same withdrawn council\n\nThis section applies if—\na withdrawn council owned land or was the trustee of trust land to which an asset is attached; and\nunder a transfer scheme or transfer notice—\nthe land or asset was transferred to Allconnex; or\nthe withdrawn council was removed as trustee for the trust land and Allconnex was appointed as trustee; and\nafter the transfer or change in the trusteeship, one of them owns the asset and another owns or is trustee of the land to which it is attached.\nThe retransfer scheme must provide that the effect of the matters mentioned in subsection (1) is to be reversed and that the withdrawn council will become—\nthe owner of the asset; and\nthe owner or trustee of the land.\ns 92AV ins 2012 No. 1 s 23\n(sec.92AV-ssec.1) This section applies if— a withdrawn council owned land or was the trustee of trust land to which an asset is attached; and under a transfer scheme or transfer notice— the land or asset was transferred to Allconnex; or the withdrawn council was removed as trustee for the trust land and Allconnex was appointed as trustee; and after the transfer or change in the trusteeship, one of them owns the asset and another owns or is trustee of the land to which it is attached.\n(sec.92AV-ssec.2) The retransfer scheme must provide that the effect of the matters mentioned in subsection (1) is to be reversed and that the withdrawn council will become— the owner of the asset; and the owner or trustee of the land.\n- (a) a withdrawn council owned land or was the trustee of trust land to which an asset is attached; and\n- (b) under a transfer scheme or transfer notice— (i) the land or asset was transferred to Allconnex; or (ii) the withdrawn council was removed as trustee for the trust land and Allconnex was appointed as trustee; and\n- (i) the land or asset was transferred to Allconnex; or\n- (ii) the withdrawn council was removed as trustee for the trust land and Allconnex was appointed as trustee; and\n- (c) after the transfer or change in the trusteeship, one of them owns the asset and another owns or is trustee of the land to which it is attached.\n- (i) the land or asset was transferred to Allconnex; or\n- (ii) the withdrawn council was removed as trustee for the trust land and Allconnex was appointed as trustee; and\n- (a) the owner of the asset; and\n- (b) the owner or trustee of the land.","sortOrder":328},{"sectionNumber":"sec.92AW","sectionType":"section","heading":"Required transferee for after-acquired land","content":"### sec.92AW Required transferee for after-acquired land\n\nThe retransfer scheme must provide that all after-acquired land of Allconnex is to be transferred to the geographically-connected withdrawn council.\nIn this section—\nafter-acquired land , of Allconnex, means any land of which Allconnex is the owner, other than land that was transferred to Allconnex under chapter 3 .\ns 92AW ins 2012 No. 1 s 23\n(sec.92AW-ssec.1) The retransfer scheme must provide that all after-acquired land of Allconnex is to be transferred to the geographically-connected withdrawn council.\n(sec.92AW-ssec.2) In this section— after-acquired land , of Allconnex, means any land of which Allconnex is the owner, other than land that was transferred to Allconnex under chapter 3 .","sortOrder":329},{"sectionNumber":"sec.92AX","sectionType":"section","heading":"Particular matters scheme may provide for","content":"### sec.92AX Particular matters scheme may provide for\n\nThe retransfer scheme may provide for all or any of the following—\nthe following for trust land for which Allconnex is a trustee—\nits removal as the trustee;\nthe appointment of a withdrawn council as the trustee;\nfor a matter other than for which this chapter provides—\nthat a withdrawn council is Allconnex’s successor in law for the matter; and\nif there is more than 1 successor—how the successors share the matter as Allconnex’s successors;\nthe application or transfer of an instrument to a withdrawn council, including, for example, any of the following—\nwhether a withdrawn council holds, or is a party to, an instrument;\nwhether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a withdrawn council;\nwhether a reference to an entity in an instrument is to be a reference to a withdrawn council;\nwhether, under an instrument, an amount is or may become payable to or by a withdrawn council or other property is, or may be, transferred to a withdrawn council;\nwhether a right or entitlement under an instrument is held by a withdrawn council;\nthe transfer to a withdrawn council of an employee of Allconnex and the employee’s work entitlements and conditions of employment;\nvarying or terminating an instrument to which Allconnex and a withdrawn council are the parties;\nterminating the participation agreement between Allconnex and the withdrawn councils;\nextinguishing the withdrawn councils’ participation rights in Allconnex;\nthe consideration for, or the value of the following—\nan asset or liability transferred under the retransfer;\nparticipation rights extinguished;\nsubject to part 8 , matters about Allconnex’s employees transferred under paragraph (d) and their rights;\nAllconnex’s or the withdrawn councils’ records, including, for example, about complying with the Public Records Act 2002 for Allconnex’s records and access to them.\nThis section—\ndoes not limit section 92AR ; but\nis subject to the other provisions of this chapter.\nIn this section—\nauthority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan.\ninstrument includes an application or authority under an Act.\ntrust land includes land dedicated as a reserve, or granted in fee simple in trust, under the Land Act , chapter 3 , part 1 .\ns 92AX ins 2012 No. 1 s 23\n(sec.92AX-ssec.1) The retransfer scheme may provide for all or any of the following— the following for trust land for which Allconnex is a trustee— its removal as the trustee; the appointment of a withdrawn council as the trustee; for a matter other than for which this chapter provides— that a withdrawn council is Allconnex’s successor in law for the matter; and if there is more than 1 successor—how the successors share the matter as Allconnex’s successors; the application or transfer of an instrument to a withdrawn council, including, for example, any of the following— whether a withdrawn council holds, or is a party to, an instrument; whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a withdrawn council; whether a reference to an entity in an instrument is to be a reference to a withdrawn council; whether, under an instrument, an amount is or may become payable to or by a withdrawn council or other property is, or may be, transferred to a withdrawn council; whether a right or entitlement under an instrument is held by a withdrawn council; the transfer to a withdrawn council of an employee of Allconnex and the employee’s work entitlements and conditions of employment; varying or terminating an instrument to which Allconnex and a withdrawn council are the parties; terminating the participation agreement between Allconnex and the withdrawn councils; extinguishing the withdrawn councils’ participation rights in Allconnex; the consideration for, or the value of the following— an asset or liability transferred under the retransfer; participation rights extinguished; subject to part 8 , matters about Allconnex’s employees transferred under paragraph (d) and their rights; Allconnex’s or the withdrawn councils’ records, including, for example, about complying with the Public Records Act 2002 for Allconnex’s records and access to them.\n(sec.92AX-ssec.2) This section— does not limit section 92AR ; but is subject to the other provisions of this chapter.\n(sec.92AX-ssec.3) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. instrument includes an application or authority under an Act. trust land includes land dedicated as a reserve, or granted in fee simple in trust, under the Land Act , chapter 3 , part 1 .\n- (a) the following for trust land for which Allconnex is a trustee— (i) its removal as the trustee; (ii) the appointment of a withdrawn council as the trustee;\n- (i) its removal as the trustee;\n- (ii) the appointment of a withdrawn council as the trustee;\n- (b) for a matter other than for which this chapter provides— (i) that a withdrawn council is Allconnex’s successor in law for the matter; and (ii) if there is more than 1 successor—how the successors share the matter as Allconnex’s successors;\n- (i) that a withdrawn council is Allconnex’s successor in law for the matter; and\n- (ii) if there is more than 1 successor—how the successors share the matter as Allconnex’s successors;\n- (c) the application or transfer of an instrument to a withdrawn council, including, for example, any of the following— (i) whether a withdrawn council holds, or is a party to, an instrument; (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a withdrawn council; (iii) whether a reference to an entity in an instrument is to be a reference to a withdrawn council; (iv) whether, under an instrument, an amount is or may become payable to or by a withdrawn council or other property is, or may be, transferred to a withdrawn council; (v) whether a right or entitlement under an instrument is held by a withdrawn council;\n- (i) whether a withdrawn council holds, or is a party to, an instrument;\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a withdrawn council;\n- (iii) whether a reference to an entity in an instrument is to be a reference to a withdrawn council;\n- (iv) whether, under an instrument, an amount is or may become payable to or by a withdrawn council or other property is, or may be, transferred to a withdrawn council;\n- (v) whether a right or entitlement under an instrument is held by a withdrawn council;\n- (d) the transfer to a withdrawn council of an employee of Allconnex and the employee’s work entitlements and conditions of employment;\n- (e) varying or terminating an instrument to which Allconnex and a withdrawn council are the parties;\n- (f) terminating the participation agreement between Allconnex and the withdrawn councils;\n- (g) extinguishing the withdrawn councils’ participation rights in Allconnex;\n- (h) the consideration for, or the value of the following— (i) an asset or liability transferred under the retransfer; (ii) participation rights extinguished;\n- (i) an asset or liability transferred under the retransfer;\n- (ii) participation rights extinguished;\n- (i) subject to part 8 , matters about Allconnex’s employees transferred under paragraph (d) and their rights;\n- (j) Allconnex’s or the withdrawn councils’ records, including, for example, about complying with the Public Records Act 2002 for Allconnex’s records and access to them.\n- (i) its removal as the trustee;\n- (ii) the appointment of a withdrawn council as the trustee;\n- (i) that a withdrawn council is Allconnex’s successor in law for the matter; and\n- (ii) if there is more than 1 successor—how the successors share the matter as Allconnex’s successors;\n- (i) whether a withdrawn council holds, or is a party to, an instrument;\n- (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a withdrawn council;\n- (iii) whether a reference to an entity in an instrument is to be a reference to a withdrawn council;\n- (iv) whether, under an instrument, an amount is or may become payable to or by a withdrawn council or other property is, or may be, transferred to a withdrawn council;\n- (v) whether a right or entitlement under an instrument is held by a withdrawn council;\n- (i) an asset or liability transferred under the retransfer;\n- (ii) participation rights extinguished;\n- (a) does not limit section 92AR ; but\n- (b) is subject to the other provisions of this chapter.","sortOrder":330},{"sectionNumber":"sec.92AY","sectionType":"section","heading":"Requirement to give statement to Minister","content":"### sec.92AY Requirement to give statement to Minister\n\nThis section applies to the parties to the retransfer when they enter into the retransfer scheme.\nThe parties must give the Minister a statement (the certification statement ) certifying all of the assets, liabilities and instruments that the withdrawn councils are to receive under the scheme.\nThe statement must also comply with section 92AZ .\ns 92AY ins 2012 No. 1 s 23\n(sec.92AY-ssec.1) This section applies to the parties to the retransfer when they enter into the retransfer scheme.\n(sec.92AY-ssec.2) The parties must give the Minister a statement (the certification statement ) certifying all of the assets, liabilities and instruments that the withdrawn councils are to receive under the scheme.\n(sec.92AY-ssec.3) The statement must also comply with section 92AZ .","sortOrder":331},{"sectionNumber":"sec.92AZ","sectionType":"section","heading":"Content requirements","content":"### sec.92AZ Content requirements\n\nThe certification statement must state all of the following for the retransfer scheme—\nthat the parties to the retransfer (the retransfer parties ) have identified—\nall of Allconnex’s assets, liabilities and instruments; and\nwhether anything proposed to be done under the scheme would materially prejudice the interests of a third party;\nthat all of the following apply for the scheme—\nthe scheme transfers all of Allconnex’s assets, liabilities and instruments;\nthe scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils;\nagreements have been made between the withdrawn councils to ensure the joint use or access;\neither—\nthe scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or\nif the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained;\nthe scheme does not transfer an employee inconsistently with the retransfer staff support framework;\nSection 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .\nthe scheme otherwise complies with this Act;\nthat the retransfer parties have consulted with the State Archivist about the way in which records are to be dealt with under the scheme;\nthat the retransfer parties have given public notice to third parties about how they may obtain information (other than private or confidential information concerning others) about the scheme;\nthat the retransfer parties have, since the giving of the public notice, made information mentioned in paragraph (d) available to third parties who have asked for it;\nthat the statement is, after making all due enquiries, correct to the knowledge, information and belief of each individual signing it.\nFor subsection (1) (b) (iv) (A) , the fact of a transfer to a withdrawn council, is not, of itself, a material prejudice to a third party.\nThe consultation with the State Archivist may be carried out by the withdrawn councils jointly.\nThe certification statement must not contain private or confidential information concerning others.\nIn this section—\npublic notice means a notice published in a newspaper circulating in all of the SEQ region.\ns 92AZ ins 2012 No. 1 s 23\namd 2012 No. 13 s 10 (retro)\n(sec.92AZ-ssec.1) The certification statement must state all of the following for the retransfer scheme— that the parties to the retransfer (the retransfer parties ) have identified— all of Allconnex’s assets, liabilities and instruments; and whether anything proposed to be done under the scheme would materially prejudice the interests of a third party; that all of the following apply for the scheme— the scheme transfers all of Allconnex’s assets, liabilities and instruments; the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils; agreements have been made between the withdrawn councils to ensure the joint use or access; either— the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . the scheme otherwise complies with this Act; that the retransfer parties have consulted with the State Archivist about the way in which records are to be dealt with under the scheme; that the retransfer parties have given public notice to third parties about how they may obtain information (other than private or confidential information concerning others) about the scheme; that the retransfer parties have, since the giving of the public notice, made information mentioned in paragraph (d) available to third parties who have asked for it; that the statement is, after making all due enquiries, correct to the knowledge, information and belief of each individual signing it.\n(sec.92AZ-ssec.2) For subsection (1) (b) (iv) (A) , the fact of a transfer to a withdrawn council, is not, of itself, a material prejudice to a third party.\n(sec.92AZ-ssec.3) The consultation with the State Archivist may be carried out by the withdrawn councils jointly.\n(sec.92AZ-ssec.4) The certification statement must not contain private or confidential information concerning others.\n(sec.92AZ-ssec.5) In this section— public notice means a notice published in a newspaper circulating in all of the SEQ region.\n- (a) that the parties to the retransfer (the retransfer parties ) have identified— (i) all of Allconnex’s assets, liabilities and instruments; and (ii) whether anything proposed to be done under the scheme would materially prejudice the interests of a third party;\n- (i) all of Allconnex’s assets, liabilities and instruments; and\n- (ii) whether anything proposed to be done under the scheme would materially prejudice the interests of a third party;\n- (b) that all of the following apply for the scheme— (i) the scheme transfers all of Allconnex’s assets, liabilities and instruments; (ii) the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils; (iii) agreements have been made between the withdrawn councils to ensure the joint use or access; (iv) either— (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; (v) the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Note— Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . (vi) the scheme otherwise complies with this Act;\n- (i) the scheme transfers all of Allconnex’s assets, liabilities and instruments;\n- (ii) the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils;\n- (iii) agreements have been made between the withdrawn councils to ensure the joint use or access;\n- (iv) either— (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained;\n- (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or\n- (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained;\n- (v) the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Note— Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .\n- (vi) the scheme otherwise complies with this Act;\n- (c) that the retransfer parties have consulted with the State Archivist about the way in which records are to be dealt with under the scheme;\n- (d) that the retransfer parties have given public notice to third parties about how they may obtain information (other than private or confidential information concerning others) about the scheme;\n- (e) that the retransfer parties have, since the giving of the public notice, made information mentioned in paragraph (d) available to third parties who have asked for it;\n- (f) that the statement is, after making all due enquiries, correct to the knowledge, information and belief of each individual signing it.\n- (i) all of Allconnex’s assets, liabilities and instruments; and\n- (ii) whether anything proposed to be done under the scheme would materially prejudice the interests of a third party;\n- (i) the scheme transfers all of Allconnex’s assets, liabilities and instruments;\n- (ii) the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils;\n- (iii) agreements have been made between the withdrawn councils to ensure the joint use or access;\n- (iv) either— (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained;\n- (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or\n- (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained;\n- (v) the scheme does not transfer an employee inconsistently with the retransfer staff support framework; Note— Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .\n- (vi) the scheme otherwise complies with this Act;\n- (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or\n- (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained;","sortOrder":332},{"sectionNumber":"sec.92BA","sectionType":"section","heading":"Ministerial notice of retransfer","content":"### sec.92BA Ministerial notice of retransfer\n\nThis section applies only if the Minister is of the opinion that the certification statement given complies with section 92AZ .\nAs soon as practicable after receiving the statement, the Minister must publish a gazette notice stating the following information about the retransfer scheme and the statement—\nthat the scheme has been made;\nthat the statement has been given;\nwhere copies of the statement can be obtained;\nthat the scheme has effect from the day the notice is published, but that, under section 92AR , the retransfer will not take place until the end of 30 June 2012;\nwhere information about transfers under the scheme may be obtained.\nHowever, the notice must not state where the information may be obtained if the Minister considers that there is a need to protect confidentiality or privacy relating to the information.\nThe withdrawn councils must, as soon as practicable after the gazettal, publish on each of their websites the information stated in the gazette notice and keep it so published for at least 1 year.\ns 92BA ins 2012 No. 1 s 23\n(sec.92BA-ssec.1) This section applies only if the Minister is of the opinion that the certification statement given complies with section 92AZ .\n(sec.92BA-ssec.2) As soon as practicable after receiving the statement, the Minister must publish a gazette notice stating the following information about the retransfer scheme and the statement— that the scheme has been made; that the statement has been given; where copies of the statement can be obtained; that the scheme has effect from the day the notice is published, but that, under section 92AR , the retransfer will not take place until the end of 30 June 2012; where information about transfers under the scheme may be obtained.\n(sec.92BA-ssec.3) However, the notice must not state where the information may be obtained if the Minister considers that there is a need to protect confidentiality or privacy relating to the information.\n(sec.92BA-ssec.4) The withdrawn councils must, as soon as practicable after the gazettal, publish on each of their websites the information stated in the gazette notice and keep it so published for at least 1 year.\n- (a) that the scheme has been made;\n- (b) that the statement has been given;\n- (c) where copies of the statement can be obtained;\n- (d) that the scheme has effect from the day the notice is published, but that, under section 92AR , the retransfer will not take place until the end of 30 June 2012;\n- (e) where information about transfers under the scheme may be obtained.","sortOrder":333},{"sectionNumber":"sec.92BB","sectionType":"section","heading":"Discharge of liabilities","content":"### sec.92BB Discharge of liabilities\n\nWhen the retransfer scheme takes effect, all of the following that exist at that time are discharged—\nall of Allconnex’s liabilities to a withdrawn council;\nall liabilities from a withdrawn council to Allconnex other than Gold Coast City Council’s liability to Allconnex under section 92BY .\nTo remove any doubt, it is declared that subsection (1) does not limit or otherwise affect what may or must be provided for under the retransfer scheme.\nSee also division 3 (Miscellaneous provisions for retransfer documents).\ns 92BB ins 2012 No. 1 s 23\n(sec.92BB-ssec.1) When the retransfer scheme takes effect, all of the following that exist at that time are discharged— all of Allconnex’s liabilities to a withdrawn council; all liabilities from a withdrawn council to Allconnex other than Gold Coast City Council’s liability to Allconnex under section 92BY .\n(sec.92BB-ssec.2) To remove any doubt, it is declared that subsection (1) does not limit or otherwise affect what may or must be provided for under the retransfer scheme. See also division 3 (Miscellaneous provisions for retransfer documents).\n- (a) all of Allconnex’s liabilities to a withdrawn council;\n- (b) all liabilities from a withdrawn council to Allconnex other than Gold Coast City Council’s liability to Allconnex under section 92BY .","sortOrder":334},{"sectionNumber":"ch.3A-pt.3-div.2","sectionType":"division","heading":"Ministerial functions for retransfer","content":"## Ministerial functions for retransfer","sortOrder":335},{"sectionNumber":"sec.92BC","sectionType":"section","heading":"Retransfer notice","content":"### sec.92BC Retransfer notice\n\nThis section applies if the Minister is of the opinion that—\na requirement under division 1 has not been complied with; or\nsomething done under the retransfer scheme ought to have been done differently; or\nsomething ought not to have been done under the retransfer scheme.\nThe Minister may, by gazette notice published on or before 30 June 2013 (a retransfer notice ), do all or any of the following—\neverything or anything to ensure the retransfer happens;\nanything that may be done by any of the parties to the retransfer scheme under the retransfer scheme;\nrectify or undo anything the Minister considers the retransfer scheme ought not to have done or ought to have done differently.\nA retransfer notice may include conditions applying to something done under the notice.\nIf the Minister is satisfied it would be inappropriate for a particular matter to be stated in a retransfer notice (for example, because of its size or nature), the Minister may provide for it by including a reference in the retransfer notice to another document—\nsigned by the Minister; and\nkept available for inspection at a place stated in the retransfer notice by the persons to whom the matter relates.\nA retransfer notice has effect on the day it is published in the gazette or a later stated day.\ns 92BC ins 2012 No. 1 s 23\n(sec.92BC-ssec.1) This section applies if the Minister is of the opinion that— a requirement under division 1 has not been complied with; or something done under the retransfer scheme ought to have been done differently; or something ought not to have been done under the retransfer scheme.\n(sec.92BC-ssec.2) The Minister may, by gazette notice published on or before 30 June 2013 (a retransfer notice ), do all or any of the following— everything or anything to ensure the retransfer happens; anything that may be done by any of the parties to the retransfer scheme under the retransfer scheme; rectify or undo anything the Minister considers the retransfer scheme ought not to have done or ought to have done differently.\n(sec.92BC-ssec.3) A retransfer notice may include conditions applying to something done under the notice.\n(sec.92BC-ssec.4) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a retransfer notice (for example, because of its size or nature), the Minister may provide for it by including a reference in the retransfer notice to another document— signed by the Minister; and kept available for inspection at a place stated in the retransfer notice by the persons to whom the matter relates.\n(sec.92BC-ssec.5) A retransfer notice has effect on the day it is published in the gazette or a later stated day.\n- (a) a requirement under division 1 has not been complied with; or\n- (b) something done under the retransfer scheme ought to have been done differently; or\n- (c) something ought not to have been done under the retransfer scheme.\n- (a) everything or anything to ensure the retransfer happens;\n- (b) anything that may be done by any of the parties to the retransfer scheme under the retransfer scheme;\n- (c) rectify or undo anything the Minister considers the retransfer scheme ought not to have done or ought to have done differently.\n- (a) signed by the Minister; and\n- (b) kept available for inspection at a place stated in the retransfer notice by the persons to whom the matter relates.","sortOrder":336},{"sectionNumber":"sec.92BD","sectionType":"section","heading":"Retransfer direction","content":"### sec.92BD Retransfer direction\n\nThe Minister may, on or before 30 June 2013, give a direction (a retransfer direction ) to any of the following (a relevant entity ) to do anything the Minister considers necessary or desirable to achieve the retransfer—\nAllconnex;\nany of the withdrawn councils.\nWithout limiting subsection (1) , a retransfer direction may be about both or either of the following—\nexecuting an instrument;\ndisclosing information.\nA retransfer direction must be in writing and signed by the Minister.\nIf a relevant entity is given a retransfer direction—\nthe entity must comply with the direction; and\nif the entity is Allconnex—its board must take the action necessary to ensure Allconnex complies with the direction.\nMaximum penalty for subsection (4) —1,000 penalty units.\ns 92BD ins 2012 No. 1 s 23\namd 2012 No. 13 s 11 (retro)\n(sec.92BD-ssec.1) The Minister may, on or before 30 June 2013, give a direction (a retransfer direction ) to any of the following (a relevant entity ) to do anything the Minister considers necessary or desirable to achieve the retransfer— Allconnex; any of the withdrawn councils.\n(sec.92BD-ssec.2) Without limiting subsection (1) , a retransfer direction may be about both or either of the following— executing an instrument; disclosing information.\n(sec.92BD-ssec.3) A retransfer direction must be in writing and signed by the Minister.\n(sec.92BD-ssec.4) If a relevant entity is given a retransfer direction— the entity must comply with the direction; and if the entity is Allconnex—its board must take the action necessary to ensure Allconnex complies with the direction. Maximum penalty for subsection (4) —1,000 penalty units.\n- (a) Allconnex;\n- (b) any of the withdrawn councils.\n- (a) executing an instrument;\n- (b) disclosing information.\n- (a) the entity must comply with the direction; and\n- (b) if the entity is Allconnex—its board must take the action necessary to ensure Allconnex complies with the direction.","sortOrder":337},{"sectionNumber":"ch.3A-pt.3-div.3","sectionType":"division","heading":"Miscellaneous provisions for retransfer documents","content":"## Miscellaneous provisions for retransfer documents","sortOrder":338},{"sectionNumber":"sec.92BE","sectionType":"section","heading":"Discharge of liabilities","content":"### sec.92BE Discharge of liabilities\n\nThe transfer of a liability under a retransfer document discharges the person from whom it is transferred from the liability to the extent provided for under the document.\ns 92BE ins 2012 No. 1 s 23","sortOrder":339},{"sectionNumber":"sec.92BF","sectionType":"section","heading":"Effect of retransfer document","content":"### sec.92BF Effect of retransfer document\n\nA retransfer document has effect despite any other law or a contract or other instrument.\nA retransfer scheme or a retransfer notice may transfer a lease under the Land Act without the written approvals that would otherwise be required for a transfer under section 58 of that Act.\nHowever, a retransfer scheme takes effect subject to any retransfer notice or retransfer direction.\ns 92BF ins 2012 No. 1 s 23\namd 2012 No. 13 s 12 (retro)\n(sec.92BF-ssec.1) A retransfer document has effect despite any other law or a contract or other instrument. A retransfer scheme or a retransfer notice may transfer a lease under the Land Act without the written approvals that would otherwise be required for a transfer under section 58 of that Act.\n(sec.92BF-ssec.2) However, a retransfer scheme takes effect subject to any retransfer notice or retransfer direction.","sortOrder":340},{"sectionNumber":"ch.3A-pt.4","sectionType":"part","heading":"General provisions facilitating retransfer","content":"# General provisions facilitating retransfer","sortOrder":341},{"sectionNumber":"ch.3A-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":342},{"sectionNumber":"sec.92BG","sectionType":"section","heading":"Application of pt 4","content":"### sec.92BG Application of pt 4\n\nThis part, other than divisions 4 and 5 , applies from the end of 30 June 2012.\ns 92BG ins 2012 No. 1 s 23","sortOrder":343},{"sectionNumber":"ch.3A-pt.4-div.2","sectionType":"division","heading":"Default provisions","content":"## Default provisions","sortOrder":344},{"sectionNumber":"sec.92BH","sectionType":"section","heading":"Allconnex’s service charges","content":"### sec.92BH Allconnex’s service charges\n\nThis section applies if no retransfer document provides for who is Allconnex’s successor in law for a service charge of Allconnex.\nThe withdrawn councils are Allconnex’s proportional joint successor for the charge.\nHowever—\nthe charge is payable only to the geographically-connected withdrawn council; and\nonly the geographically-connected withdrawn council may bill for an uncollected service charge or collect that charge.\nFor subsection (3) , a customer of the withdrawn council may be billed by the council in its name, as if—\nthe council were Allconnex; and\nthis chapter had not been enacted and, if Allconnex has been dissolved, Allconnex were still in existence.\nIn this section—\nbilled includes imposed and levied.\nservice charge means an account, fee or charge (including any fixed access charge)—\nrelating to performing Allconnex’s functions as a service provider for any of Allconnex’s customers; and\nthat has, or could have, been billed by Allconnex.\nuncollected service charge means a service charge—\nnot billed before the end of 30 June 2012; and\nthat, other than for this chapter or Allconnex’s dissolution, could have been billed by Allconnex on or after that day.\ns 92BH ins 2012 No. 1 s 23\n(sec.92BH-ssec.1) This section applies if no retransfer document provides for who is Allconnex’s successor in law for a service charge of Allconnex.\n(sec.92BH-ssec.2) The withdrawn councils are Allconnex’s proportional joint successor for the charge.\n(sec.92BH-ssec.3) However— the charge is payable only to the geographically-connected withdrawn council; and only the geographically-connected withdrawn council may bill for an uncollected service charge or collect that charge.\n(sec.92BH-ssec.4) For subsection (3) , a customer of the withdrawn council may be billed by the council in its name, as if— the council were Allconnex; and this chapter had not been enacted and, if Allconnex has been dissolved, Allconnex were still in existence.\n(sec.92BH-ssec.5) In this section— billed includes imposed and levied. service charge means an account, fee or charge (including any fixed access charge)— relating to performing Allconnex’s functions as a service provider for any of Allconnex’s customers; and that has, or could have, been billed by Allconnex. uncollected service charge means a service charge— not billed before the end of 30 June 2012; and that, other than for this chapter or Allconnex’s dissolution, could have been billed by Allconnex on or after that day.\n- (a) the charge is payable only to the geographically-connected withdrawn council; and\n- (b) only the geographically-connected withdrawn council may bill for an uncollected service charge or collect that charge.\n- (a) the council were Allconnex; and\n- (b) this chapter had not been enacted and, if Allconnex has been dissolved, Allconnex were still in existence.\n- (a) relating to performing Allconnex’s functions as a service provider for any of Allconnex’s customers; and\n- (b) that has, or could have, been billed by Allconnex.\n- (a) not billed before the end of 30 June 2012; and\n- (b) that, other than for this chapter or Allconnex’s dissolution, could have been billed by Allconnex on or after that day.","sortOrder":345},{"sectionNumber":"sec.92BI","sectionType":"section","heading":"Allconnex’s other assets and liabilities","content":"### sec.92BI Allconnex’s other assets and liabilities\n\nThis section provides for who is the successor in law for the following if no retransfer document provides for that succession—\nan asset of Allconnex, other than a service charge under section 92BH ;\nAllconnex’s liabilities.\nIf, under a transition document, the asset or liability was transferred from a withdrawn council to Allconnex, that council is the successor.\nOtherwise, the withdrawn councils are Allconnex’s proportional joint successor for the asset or liability.\nDespite subsections (2) and (3) , the Minister may, by a retransfer notice or retransfer direction, change the successor under the subsections.\ns 92BI ins 2012 No. 1 s 23\n(sec.92BI-ssec.1) This section provides for who is the successor in law for the following if no retransfer document provides for that succession— an asset of Allconnex, other than a service charge under section 92BH ; Allconnex’s liabilities.\n(sec.92BI-ssec.2) If, under a transition document, the asset or liability was transferred from a withdrawn council to Allconnex, that council is the successor.\n(sec.92BI-ssec.3) Otherwise, the withdrawn councils are Allconnex’s proportional joint successor for the asset or liability.\n(sec.92BI-ssec.4) Despite subsections (2) and (3) , the Minister may, by a retransfer notice or retransfer direction, change the successor under the subsections.\n- (a) an asset of Allconnex, other than a service charge under section 92BH ;\n- (b) Allconnex’s liabilities.","sortOrder":346},{"sectionNumber":"sec.92BJ","sectionType":"section","heading":"Allconnex’s replacement for proceedings","content":"### sec.92BJ Allconnex’s replacement for proceedings\n\nThis section applies if no retransfer document provides for who is to be Allconnex’s replacement for a proceeding, including a proceeding that has ended.\nIf, under a transition document, Allconnex became a party to the proceeding instead of a withdrawn council, that council is the replacement.\nIf the proceeding is in the Planning and Environment Court or the Land Court and the proceeding is about land, the replacement is the geographically-connected withdrawn council.\nOtherwise, the withdrawn councils are Allconnex’s proportional joint successor for the proceeding.\nThe replacement may continue the proceeding instead of Allconnex.\ns 92BJ ins 2012 No. 1 s 23\n(sec.92BJ-ssec.1) This section applies if no retransfer document provides for who is to be Allconnex’s replacement for a proceeding, including a proceeding that has ended.\n(sec.92BJ-ssec.2) If, under a transition document, Allconnex became a party to the proceeding instead of a withdrawn council, that council is the replacement.\n(sec.92BJ-ssec.3) If the proceeding is in the Planning and Environment Court or the Land Court and the proceeding is about land, the replacement is the geographically-connected withdrawn council.\n(sec.92BJ-ssec.4) Otherwise, the withdrawn councils are Allconnex’s proportional joint successor for the proceeding.\n(sec.92BJ-ssec.5) The replacement may continue the proceeding instead of Allconnex.","sortOrder":347},{"sectionNumber":"sec.92BK","sectionType":"section","heading":"Proceedings not started","content":"### sec.92BK Proceedings not started\n\nThis section provides for who is Allconnex’s replacement for a cause of action for which no proceeding has been started if no retransfer document provides for who is to be the replacement.\nIf the proceeding could have been started in the Planning and Environment Court or the Land Court and the proceeding is about land, the replacement is the geographically-connected withdrawn council.\nOtherwise, the withdrawn councils are Allconnex’s proportional joint successor for the cause of action.\nThe replacement may start the proceeding instead of Allconnex.\ns 92BK ins 2012 No. 1 s 23\n(sec.92BK-ssec.1) This section provides for who is Allconnex’s replacement for a cause of action for which no proceeding has been started if no retransfer document provides for who is to be the replacement.\n(sec.92BK-ssec.2) If the proceeding could have been started in the Planning and Environment Court or the Land Court and the proceeding is about land, the replacement is the geographically-connected withdrawn council.\n(sec.92BK-ssec.3) Otherwise, the withdrawn councils are Allconnex’s proportional joint successor for the cause of action.\n(sec.92BK-ssec.4) The replacement may start the proceeding instead of Allconnex.","sortOrder":348},{"sectionNumber":"sec.92BL","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.92BL Application of sdiv 2\n\nThis subdivision applies if—\nAllconnex is a party to an infrastructure agreement; and\neither of the following apply—\na retransfer document transfers water infrastructure subject to the infrastructure agreement to a withdrawn council;\nthe infrastructure agreement provides for water infrastructure for a withdrawn council’s local government area.\nThis subdivision also applies for an Allconnex infrastructure funding matter or if—\nAllconnex has, under section 77B or 77J , assumed, or is taken to have the benefit of, a right or liability—\nto which the section applies; and\nthat relates to the infrastructure agreement; or\nit has been agreed under section 77E or 77K that Allconnex has a share of—\na matter mentioned in section 77E (1) ; or\na liability to which section 77K applies.\nA matter mentioned in subsection (2) is an Allconnex planning matter .\nThis subdivision applies subject to any retransfer document relating to Allconnex.\ns 92BL ins 2012 No. 1 s 23\n(sec.92BL-ssec.1) This subdivision applies if— Allconnex is a party to an infrastructure agreement; and either of the following apply— a retransfer document transfers water infrastructure subject to the infrastructure agreement to a withdrawn council; the infrastructure agreement provides for water infrastructure for a withdrawn council’s local government area.\n(sec.92BL-ssec.2) This subdivision also applies for an Allconnex infrastructure funding matter or if— Allconnex has, under section 77B or 77J , assumed, or is taken to have the benefit of, a right or liability— to which the section applies; and that relates to the infrastructure agreement; or it has been agreed under section 77E or 77K that Allconnex has a share of— a matter mentioned in section 77E (1) ; or a liability to which section 77K applies.\n(sec.92BL-ssec.3) A matter mentioned in subsection (2) is an Allconnex planning matter .\n(sec.92BL-ssec.4) This subdivision applies subject to any retransfer document relating to Allconnex.\n- (a) Allconnex is a party to an infrastructure agreement; and\n- (b) either of the following apply— (i) a retransfer document transfers water infrastructure subject to the infrastructure agreement to a withdrawn council; (ii) the infrastructure agreement provides for water infrastructure for a withdrawn council’s local government area.\n- (i) a retransfer document transfers water infrastructure subject to the infrastructure agreement to a withdrawn council;\n- (ii) the infrastructure agreement provides for water infrastructure for a withdrawn council’s local government area.\n- (i) a retransfer document transfers water infrastructure subject to the infrastructure agreement to a withdrawn council;\n- (ii) the infrastructure agreement provides for water infrastructure for a withdrawn council’s local government area.\n- (a) Allconnex has, under section 77B or 77J , assumed, or is taken to have the benefit of, a right or liability— (i) to which the section applies; and (ii) that relates to the infrastructure agreement; or\n- (i) to which the section applies; and\n- (ii) that relates to the infrastructure agreement; or\n- (b) it has been agreed under section 77E or 77K that Allconnex has a share of— (i) a matter mentioned in section 77E (1) ; or (ii) a liability to which section 77K applies.\n- (i) a matter mentioned in section 77E (1) ; or\n- (ii) a liability to which section 77K applies.\n- (i) to which the section applies; and\n- (ii) that relates to the infrastructure agreement; or\n- (i) a matter mentioned in section 77E (1) ; or\n- (ii) a liability to which section 77K applies.","sortOrder":349},{"sectionNumber":"sec.92BM","sectionType":"section","heading":"Novation if only 1 successor","content":"### sec.92BM Novation if only 1 successor\n\nThis section applies if there is only 1 successor.\nThe successor—\nbecomes a party to the agreement instead of Allconnex; and\nassumes all of Allconnex’s rights and liabilities—\nunder the agreement; or\nthat relate to an Allconnex planning matter.\nThe agreement may be enforced by the successor as if it were Allconnex.\nA right or liability assumed under subsection (2) —\nmay be discharged only by the discharging of it to the successor; and\nmay be enforced only by the successor.\ns 92BM ins 2012 No. 1 s 23\n(sec.92BM-ssec.1) This section applies if there is only 1 successor.\n(sec.92BM-ssec.2) The successor— becomes a party to the agreement instead of Allconnex; and assumes all of Allconnex’s rights and liabilities— under the agreement; or that relate to an Allconnex planning matter.\n(sec.92BM-ssec.3) The agreement may be enforced by the successor as if it were Allconnex.\n(sec.92BM-ssec.4) A right or liability assumed under subsection (2) — may be discharged only by the discharging of it to the successor; and may be enforced only by the successor.\n- (a) becomes a party to the agreement instead of Allconnex; and\n- (b) assumes all of Allconnex’s rights and liabilities— (i) under the agreement; or (ii) that relate to an Allconnex planning matter.\n- (i) under the agreement; or\n- (ii) that relate to an Allconnex planning matter.\n- (i) under the agreement; or\n- (ii) that relate to an Allconnex planning matter.\n- (a) may be discharged only by the discharging of it to the successor; and\n- (b) may be enforced only by the successor.","sortOrder":350},{"sectionNumber":"sec.92BN","sectionType":"section","heading":"Negotiation required if more than 1 successor","content":"### sec.92BN Negotiation required if more than 1 successor\n\nThis section applies if there is more than 1 successor.\nThe successors must negotiate in good faith to reach an agreement about the extent to which each of them are to share all of Allconnex’s following rights and liabilities—\nthose under the agreement;\nthose relating to all Allconnex planning matters;\nfor any costs incurred because of enforcement mentioned in section 77C ;\nfor any costs, damage, liability or loss incurred because of section 77D (2) .\nThe agreement may provide for how the shares of the rights and liabilities may be discharged or enforced.\nIf, after the negotiation, the councils are still in dispute about a matter mentioned in subsection (1) , any of the councils may refer the dispute to the Minister.\nThe Minister may resolve the dispute using any process the Minister considers appropriate that affords natural justice to the councils.\nan arbitration process applying sections 92CF to 92CK\nThe Minister may delegate the Minister’s functions under subsection (5) to an appropriately qualified public service officer.\ns 92BN ins 2012 No. 1 s 23\n(sec.92BN-ssec.1) This section applies if there is more than 1 successor.\n(sec.92BN-ssec.2) The successors must negotiate in good faith to reach an agreement about the extent to which each of them are to share all of Allconnex’s following rights and liabilities— those under the agreement; those relating to all Allconnex planning matters; for any costs incurred because of enforcement mentioned in section 77C ; for any costs, damage, liability or loss incurred because of section 77D (2) .\n(sec.92BN-ssec.3) The agreement may provide for how the shares of the rights and liabilities may be discharged or enforced.\n(sec.92BN-ssec.4) If, after the negotiation, the councils are still in dispute about a matter mentioned in subsection (1) , any of the councils may refer the dispute to the Minister.\n(sec.92BN-ssec.5) The Minister may resolve the dispute using any process the Minister considers appropriate that affords natural justice to the councils. an arbitration process applying sections 92CF to 92CK\n(sec.92BN-ssec.6) The Minister may delegate the Minister’s functions under subsection (5) to an appropriately qualified public service officer.\n- (a) those under the agreement;\n- (b) those relating to all Allconnex planning matters;\n- (c) for any costs incurred because of enforcement mentioned in section 77C ;\n- (d) for any costs, damage, liability or loss incurred because of section 77D (2) .","sortOrder":351},{"sectionNumber":"sec.92BO","sectionType":"section","heading":"Effect of negotiated agreement or Minister’s decision","content":"### sec.92BO Effect of negotiated agreement or Minister’s decision\n\nThis section applies for an agreement between successors or a decision under section 92BN about a right or liability required to be negotiated under that section.\nThe agreement or decision binds—\nthe successors; and\nanyone else—\nagainst whom the right is exercisable; or\nto whom the liability is owed.\nHowever, subsection (2) (b) only applies to the other person from when the person is given notice of the agreement or decision.\ns 92BO ins 2012 No. 1 s 23\n(sec.92BO-ssec.1) This section applies for an agreement between successors or a decision under section 92BN about a right or liability required to be negotiated under that section.\n(sec.92BO-ssec.2) The agreement or decision binds— the successors; and anyone else— against whom the right is exercisable; or to whom the liability is owed.\n(sec.92BO-ssec.3) However, subsection (2) (b) only applies to the other person from when the person is given notice of the agreement or decision.\n- (a) the successors; and\n- (b) anyone else— (i) against whom the right is exercisable; or (ii) to whom the liability is owed.\n- (i) against whom the right is exercisable; or\n- (ii) to whom the liability is owed.\n- (i) against whom the right is exercisable; or\n- (ii) to whom the liability is owed.","sortOrder":352},{"sectionNumber":"sec.92BP","sectionType":"section","heading":"Discharge of Allconnex","content":"### sec.92BP Discharge of Allconnex\n\nAllconnex ceases to be bound by the agreement and is discharged from any further liability under it or for an Allconnex planning matter.\ns 92BP ins 2012 No. 1 s 23","sortOrder":353},{"sectionNumber":"sec.92BQ","sectionType":"section","heading":"Other necessary changes to be made for transition","content":"### sec.92BQ Other necessary changes to be made for transition\n\nThis section applies subject to the other provisions of this division.\nReferences in the agreement to Allconnex are taken to be changed to reflect any necessary changes for the retransfer.\ns 92BQ ins 2012 No. 1 s 23\n(sec.92BQ-ssec.1) This section applies subject to the other provisions of this division.\n(sec.92BQ-ssec.2) References in the agreement to Allconnex are taken to be changed to reflect any necessary changes for the retransfer.","sortOrder":354},{"sectionNumber":"sec.92BR","sectionType":"section","heading":"Provision for things done before retransfer","content":"### sec.92BR Provision for things done before retransfer\n\nThe transfer of water infrastructure under a retransfer document does not affect the validity of any of the following done before the transfer—\na matter mentioned in section 77H ;\nthe enforcement of a right or the discharge of a liability mentioned in sections 77A to 77D .\ns 92BR ins 2012 No. 1 s 23\n- (a) a matter mentioned in section 77H ;\n- (b) the enforcement of a right or the discharge of a liability mentioned in sections 77A to 77D .","sortOrder":355},{"sectionNumber":"ch.3A-pt.4-div.3","sectionType":"division","heading":"Information provisions","content":"## Information provisions","sortOrder":356},{"sectionNumber":"sec.92BS","sectionType":"section","heading":"Authorised exchange of information","content":"### sec.92BS Authorised exchange of information\n\nA party to the retransfer may exchange information with another party if the exchange is necessary or desirable for any withdrawn council’s service provider functions.\nAllconnex may give its successor for one of its customers personal information about the customer, including, for example, that the customer is a pensioner and therefore eligible for rebates and subsidies.\nNo consent of a customer or anyone else is required for the giving of the information or for a withdrawn council to whom it is given to collect, use or store the information.\ns 92BS ins 2012 No. 1 s 23\n(sec.92BS-ssec.1) A party to the retransfer may exchange information with another party if the exchange is necessary or desirable for any withdrawn council’s service provider functions. Allconnex may give its successor for one of its customers personal information about the customer, including, for example, that the customer is a pensioner and therefore eligible for rebates and subsidies.\n(sec.92BS-ssec.2) No consent of a customer or anyone else is required for the giving of the information or for a withdrawn council to whom it is given to collect, use or store the information.","sortOrder":357},{"sectionNumber":"sec.92BT","sectionType":"section","heading":"Disclosure and use of information for retransfer","content":"### sec.92BT Disclosure and use of information for retransfer\n\nSubsections (2) and (3) apply for information in the possession or control of a party to the retransfer.\nThe party may use the information for any of the following (a relevant purpose )—\nthe retransfer;\nthe performance of all or any withdrawn council’s service provider functions.\nThe party may disclose the information to any of the following for a relevant purpose—\na person involved in the retransfer;\na withdrawn council or any of its councillors, employees or agents.\nAllconnex or the withdrawn councils must comply with a request by the Minister to disclose information mentioned in subsections (1) to (3) to someone else.\nTo remove any doubt, it is declared that a person may disclose or use information to comply with a retransfer document.\nA person who, acting honestly, discloses or uses information under this section is not liable civilly, criminally or under an administrative process for the disclosure or use.\ns 92BT ins 2012 No. 1 s 23\n(sec.92BT-ssec.1) Subsections (2) and (3) apply for information in the possession or control of a party to the retransfer.\n(sec.92BT-ssec.2) The party may use the information for any of the following (a relevant purpose )— the retransfer; the performance of all or any withdrawn council’s service provider functions.\n(sec.92BT-ssec.3) The party may disclose the information to any of the following for a relevant purpose— a person involved in the retransfer; a withdrawn council or any of its councillors, employees or agents.\n(sec.92BT-ssec.4) Allconnex or the withdrawn councils must comply with a request by the Minister to disclose information mentioned in subsections (1) to (3) to someone else.\n(sec.92BT-ssec.5) To remove any doubt, it is declared that a person may disclose or use information to comply with a retransfer document.\n(sec.92BT-ssec.6) A person who, acting honestly, discloses or uses information under this section is not liable civilly, criminally or under an administrative process for the disclosure or use.\n- (a) the retransfer;\n- (b) the performance of all or any withdrawn council’s service provider functions.\n- (a) a person involved in the retransfer;\n- (b) a withdrawn council or any of its councillors, employees or agents.","sortOrder":358},{"sectionNumber":"sec.92BU","sectionType":"section","heading":"Provision for continued access to Allconnex’s records","content":"### sec.92BU Provision for continued access to Allconnex’s records\n\nThis section applies to Allconnex’s infrastructure charges register and approved inspection program.\nChapter 5 , part 1 applies to Allconnex’s successor as if the register and program were its records of the same type under that part.\ns 92BU ins 2012 No. 1 s 23\n(sec.92BU-ssec.1) This section applies to Allconnex’s infrastructure charges register and approved inspection program.\n(sec.92BU-ssec.2) Chapter 5 , part 1 applies to Allconnex’s successor as if the register and program were its records of the same type under that part.","sortOrder":359},{"sectionNumber":"sec.92BV","sectionType":"section","heading":"Relationship with Information Privacy Act 2009 and Right to Information Act 2009","content":"### sec.92BV Relationship with Information Privacy Act 2009 and Right to Information Act 2009\n\nThis division applies despite the Information Privacy Act 2009 and the Right to Information Act 2009 .\ns 92BV ins 2012 No. 1 s 23","sortOrder":360},{"sectionNumber":"ch.3A-pt.4-div.4","sectionType":"division","heading":"Withdrawal costs","content":"## Withdrawal costs","sortOrder":361},{"sectionNumber":"sec.92BW","sectionType":"section","heading":"What are withdrawal costs","content":"### sec.92BW What are withdrawal costs\n\nWithdrawal costs , for Allconnex or a withdrawn council, are costs it has incurred, or will incur, because of any of the following—\nit becoming, or ceasing to be, a service provider;\na withdrawn council’s commercialisation of a significant business or creation of a commercial business unit under section 92AJ ;\nthe retransfer scheme;\nthe retransfer;\ncomplying with any retransfer document;\nAllconnex’s dissolution;\nany matter consequential or incidental to a matter mentioned in paragraphs (a) to (f) ;\nany other matter relating to the matters mentioned in paragraphs (a) to (g) prescribed under a regulation.\nHowever, withdrawal costs do not include costs—\nfor anticipated or actual revenue or profits; or\nfor a failure to realise anticipated savings; or\nthat a withdrawn council incurred from the beginning of 1 July 2012 in relation to the retransfer staff support framework; or\nthat a withdrawn council (or any of its predecessors) would ordinarily incur as a service provider or local government had this Act never been enacted; or\nof a type prescribed under a regulation.\nIn this section—\ncosts includes—\nloss or damage; and\ncosts that Allconnex or a withdrawn council has incurred or will incur for services they provide for themselves.\ns 92BW ins 2012 No. 1 s 23\namd 2012 No. 13 s 13 (retro)\n(sec.92BW-ssec.1) Withdrawal costs , for Allconnex or a withdrawn council, are costs it has incurred, or will incur, because of any of the following— it becoming, or ceasing to be, a service provider; a withdrawn council’s commercialisation of a significant business or creation of a commercial business unit under section 92AJ ; the retransfer scheme; the retransfer; complying with any retransfer document; Allconnex’s dissolution; any matter consequential or incidental to a matter mentioned in paragraphs (a) to (f) ; any other matter relating to the matters mentioned in paragraphs (a) to (g) prescribed under a regulation.\n(sec.92BW-ssec.2) However, withdrawal costs do not include costs— for anticipated or actual revenue or profits; or for a failure to realise anticipated savings; or that a withdrawn council incurred from the beginning of 1 July 2012 in relation to the retransfer staff support framework; or that a withdrawn council (or any of its predecessors) would ordinarily incur as a service provider or local government had this Act never been enacted; or of a type prescribed under a regulation.\n(sec.92BW-ssec.3) In this section— costs includes— loss or damage; and costs that Allconnex or a withdrawn council has incurred or will incur for services they provide for themselves.\n- (a) it becoming, or ceasing to be, a service provider;\n- (b) a withdrawn council’s commercialisation of a significant business or creation of a commercial business unit under section 92AJ ;\n- (c) the retransfer scheme;\n- (d) the retransfer;\n- (e) complying with any retransfer document;\n- (f) Allconnex’s dissolution;\n- (g) any matter consequential or incidental to a matter mentioned in paragraphs (a) to (f) ;\n- (h) any other matter relating to the matters mentioned in paragraphs (a) to (g) prescribed under a regulation.\n- (a) for anticipated or actual revenue or profits; or\n- (b) for a failure to realise anticipated savings; or\n- (c) that a withdrawn council incurred from the beginning of 1 July 2012 in relation to the retransfer staff support framework; or\n- (d) that a withdrawn council (or any of its predecessors) would ordinarily incur as a service provider or local government had this Act never been enacted; or\n- (e) of a type prescribed under a regulation.\n- (a) loss or damage; and\n- (b) costs that Allconnex or a withdrawn council has incurred or will incur for services they provide for themselves.","sortOrder":362},{"sectionNumber":"sec.92BX","sectionType":"section","heading":"Gold Coast City Council bears its own withdrawal costs","content":"### sec.92BX Gold Coast City Council bears its own withdrawal costs\n\nGold Coast City Council must bear its own withdrawal costs and any costs mentioned in section 92BW (2) .\ns 92BX ins 2012 No. 1 s 23","sortOrder":363},{"sectionNumber":"sec.92BY","sectionType":"section","heading":"Allconnex’s withdrawal costs","content":"### sec.92BY Allconnex’s withdrawal costs\n\nSubject to sections 92CB and 92CC , the Gold Coast City Council must pay Allconnex’s withdrawal costs.\nFor this chapter or any retransfer document, the entitlement under subsection (1) is an asset of Allconnex.\nThe payment must be made to—\nuntil the retransfer scheme takes effect—Allconnex; or\notherwise—Allconnex’s successor to the asset under any retransfer document or section 92BI .\ns 92BY ins 2012 No. 1 s 23\n(sec.92BY-ssec.1) Subject to sections 92CB and 92CC , the Gold Coast City Council must pay Allconnex’s withdrawal costs.\n(sec.92BY-ssec.2) For this chapter or any retransfer document, the entitlement under subsection (1) is an asset of Allconnex.\n(sec.92BY-ssec.3) The payment must be made to— until the retransfer scheme takes effect—Allconnex; or otherwise—Allconnex’s successor to the asset under any retransfer document or section 92BI .\n- (a) until the retransfer scheme takes effect—Allconnex; or\n- (b) otherwise—Allconnex’s successor to the asset under any retransfer document or section 92BI .","sortOrder":364},{"sectionNumber":"sec.92BZ","sectionType":"section","heading":"Other withdrawn councils","content":"### sec.92BZ Other withdrawn councils\n\nSubject to sections 92CB and 92CC , the Gold Coast City Council must pay the other withdrawn councils’ withdrawal costs.\ns 92BZ ins 2012 No. 1 s 23","sortOrder":365},{"sectionNumber":"sec.92CA","sectionType":"section","heading":"Claiming withdrawal costs","content":"### sec.92CA Claiming withdrawal costs\n\nAn amount may be claimed for all or a part of a liability under this subdivision or for a period to which it relates.\nAnother withdrawn council may bill Gold Coast City Council monthly for consultancy fees for creating a billing system to comply with this Act as a service provider.\ns 92CA ins 2012 No. 1 s 23","sortOrder":366},{"sectionNumber":"sec.92CB","sectionType":"section","heading":"Duty to mitigate","content":"### sec.92CB Duty to mitigate\n\nAllconnex or a withdrawn council must take all reasonable steps to mitigate the amount of the Gold Coast City Council’s liability to them under this subdivision.\ns 92CB ins 2012 No. 1 s 23","sortOrder":367},{"sectionNumber":"sec.92CC","sectionType":"section","heading":"Limitation period","content":"### sec.92CC Limitation period\n\nA liability of the Gold Coast City Council under this subdivision ends on 30 June 2013, unless—\nthe council and the entity to whom it is owed have entered into a written contract under which any unpaid amount for the liability is agreed to be paid by the Gold Coast City Council to the entity as a debt; or\neither the council or the entity has given the other a notice of its intention to refer a dispute about the amount of a liability to an arbitrator under subdivision 3 .\ns 92CC ins 2012 No. 1 s 23\n- (a) the council and the entity to whom it is owed have entered into a written contract under which any unpaid amount for the liability is agreed to be paid by the Gold Coast City Council to the entity as a debt; or\n- (b) either the council or the entity has given the other a notice of its intention to refer a dispute about the amount of a liability to an arbitrator under subdivision 3 .","sortOrder":368},{"sectionNumber":"sec.92CD","sectionType":"section","heading":"Exclusions","content":"### sec.92CD Exclusions\n\nThe Commercial Arbitration Act 2013 does not apply to a dispute mentioned in sub section 92CC (b) .\nNeither the fact of a liability under this subdivision nor its amount is justiciable by a court or tribunal.\nSubsection (2) does not apply to a proceeding to enforce a contract mentioned in section 92CC (a) .\ns 92CD ins 2012 No. 1 s 23\namd 2013 No. 8 s 43 sch 1 pt 2\n(sec.92CD-ssec.1) The Commercial Arbitration Act 2013 does not apply to a dispute mentioned in sub section 92CC (b) .\n(sec.92CD-ssec.2) Neither the fact of a liability under this subdivision nor its amount is justiciable by a court or tribunal.\n(sec.92CD-ssec.3) Subsection (2) does not apply to a proceeding to enforce a contract mentioned in section 92CC (a) .","sortOrder":369},{"sectionNumber":"sec.92CE","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.92CE Application of sdiv 3\n\nThis subdivision applies if there is a dispute between the Gold Coast City Council and another withdrawn council (the claimant ) about the amount of—\na liability of the Gold Coast City Council to the claimant or for Allconnex’s costs under subdivision 2 ; or\na part of the liability or a period to which it relates.\nThis subdivision continues to apply after Allconnex’s dissolution.\nThe Gold Coast City Council and the claimant are each a party to the dispute.\ns 92CE ins 2012 No. 1 s 23\n(sec.92CE-ssec.1) This subdivision applies if there is a dispute between the Gold Coast City Council and another withdrawn council (the claimant ) about the amount of— a liability of the Gold Coast City Council to the claimant or for Allconnex’s costs under subdivision 2 ; or a part of the liability or a period to which it relates.\n(sec.92CE-ssec.2) This subdivision continues to apply after Allconnex’s dissolution.\n(sec.92CE-ssec.3) The Gold Coast City Council and the claimant are each a party to the dispute.\n- (a) a liability of the Gold Coast City Council to the claimant or for Allconnex’s costs under subdivision 2 ; or\n- (b) a part of the liability or a period to which it relates.","sortOrder":370},{"sectionNumber":"sec.92CF","sectionType":"section","heading":"Referral to arbitrator","content":"### sec.92CF Referral to arbitrator\n\nEither party to the dispute may, by notice, refer the dispute to an arbitrator—\nagreed between the parties to the dispute; or\nif the parties can not agree—appointed for them by The Institute of Arbitrators & Mediators Australia Limited ACN 008 520 045.\nA person can not be appointed under subsection (1) (b) if—\nthe person has a direct or indirect interest in the dispute; and\nthe interest could conflict with the appropriate performance of an arbitrator’s functions concerning the dispute.\ns 92CF ins 2012 No. 1 s 23\n(sec.92CF-ssec.1) Either party to the dispute may, by notice, refer the dispute to an arbitrator— agreed between the parties to the dispute; or if the parties can not agree—appointed for them by The Institute of Arbitrators & Mediators Australia Limited ACN 008 520 045.\n(sec.92CF-ssec.2) A person can not be appointed under subsection (1) (b) if— the person has a direct or indirect interest in the dispute; and the interest could conflict with the appropriate performance of an arbitrator’s functions concerning the dispute.\n- (a) agreed between the parties to the dispute; or\n- (b) if the parties can not agree—appointed for them by The Institute of Arbitrators & Mediators Australia Limited ACN 008 520 045.\n- (a) the person has a direct or indirect interest in the dispute; and\n- (b) the interest could conflict with the appropriate performance of an arbitrator’s functions concerning the dispute.","sortOrder":371},{"sectionNumber":"sec.92CG","sectionType":"section","heading":"Conduct of arbitration","content":"### sec.92CG Conduct of arbitration\n\nA regulation may provide for how the arbitration must be conducted.\nSubject to the regulation, the arbitrator—\nmay conduct the arbitration in the way the arbitrator considers appropriate; and\nis not bound by the rules of evidence and may inform himself or herself in the way he or she considers appropriate.\nEvidence about the dispute may be given to the arbitrator in the way the arbitrator considers appropriate.\nThe arbitrator and the parties to the arbitration must, in conducting the arbitration, make all reasonable endeavours to ensure the arbitration ends before 1 December 2013.\ns 92CG ins 2012 No. 1 s 23\n(sec.92CG-ssec.1) A regulation may provide for how the arbitration must be conducted.\n(sec.92CG-ssec.2) Subject to the regulation, the arbitrator— may conduct the arbitration in the way the arbitrator considers appropriate; and is not bound by the rules of evidence and may inform himself or herself in the way he or she considers appropriate.\n(sec.92CG-ssec.3) Evidence about the dispute may be given to the arbitrator in the way the arbitrator considers appropriate.\n(sec.92CG-ssec.4) The arbitrator and the parties to the arbitration must, in conducting the arbitration, make all reasonable endeavours to ensure the arbitration ends before 1 December 2013.\n- (a) may conduct the arbitration in the way the arbitrator considers appropriate; and\n- (b) is not bound by the rules of evidence and may inform himself or herself in the way he or she considers appropriate.","sortOrder":372},{"sectionNumber":"sec.92CH","sectionType":"section","heading":"Ordinary protection and immunity allowed","content":"### sec.92CH Ordinary protection and immunity allowed\n\nThe arbitrator has, in arbitrating the dispute, the same protection and immunity as a Supreme Court judge performing the functions of a judge.\nA party and any lawyer or other agent representing the party has the same protection and immunity the party would have if the arbitration were a proceeding being heard before the Supreme Court.\nA document produced at, or used for, the arbitration has the same protection during the arbitration it would have if produced before the Supreme Court.\ns 92CH ins 2012 No. 1 s 23\n(sec.92CH-ssec.1) The arbitrator has, in arbitrating the dispute, the same protection and immunity as a Supreme Court judge performing the functions of a judge.\n(sec.92CH-ssec.2) A party and any lawyer or other agent representing the party has the same protection and immunity the party would have if the arbitration were a proceeding being heard before the Supreme Court.\n(sec.92CH-ssec.3) A document produced at, or used for, the arbitration has the same protection during the arbitration it would have if produced before the Supreme Court.","sortOrder":373},{"sectionNumber":"sec.92CI","sectionType":"section","heading":"Orders","content":"### sec.92CI Orders\n\nThe arbitrator must make an order fixing the amount of the liability.\nThe arbitrator may—\nmake any other incidental or consequential orders the arbitrator considers appropriate; or\nmake an order, or decline to make an order, for costs of the arbitration.\ns 92CI ins 2012 No. 1 s 23\n(sec.92CI-ssec.1) The arbitrator must make an order fixing the amount of the liability.\n(sec.92CI-ssec.2) The arbitrator may— make any other incidental or consequential orders the arbitrator considers appropriate; or make an order, or decline to make an order, for costs of the arbitration.\n- (a) make any other incidental or consequential orders the arbitrator considers appropriate; or\n- (b) make an order, or decline to make an order, for costs of the arbitration.","sortOrder":374},{"sectionNumber":"sec.92CJ","sectionType":"section","heading":"Order final","content":"### sec.92CJ Order final\n\nAn order made by the arbitrator binds each party.\nA party can not apply for review of, or appeal against, the order.\ns 92CJ ins 2012 No. 1 s 23\n(sec.92CJ-ssec.1) An order made by the arbitrator binds each party.\n(sec.92CJ-ssec.2) A party can not apply for review of, or appeal against, the order.","sortOrder":375},{"sectionNumber":"sec.92CK","sectionType":"section","heading":"How order enforced","content":"### sec.92CK How order enforced\n\nA party may enforce an order made by the arbitrator by filing it in the Supreme Court.\nOn the filing, the order is taken to be a judgment of that court.\ns 92CK ins 2012 No. 1 s 23\n(sec.92CK-ssec.1) A party may enforce an order made by the arbitrator by filing it in the Supreme Court.\n(sec.92CK-ssec.2) On the filing, the order is taken to be a judgment of that court.","sortOrder":376},{"sectionNumber":"ch.3A-pt.4-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":377},{"sectionNumber":"sec.92CL","sectionType":"section","heading":"Application of Judicial Review Act 1991 to particular decisions","content":"### sec.92CL Application of Judicial Review Act 1991 to particular decisions\n\nThe Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, by the Minister to—\ngive a retransfer notice or retransfer direction; or\napprove the retransfer staff support framework.\nSection 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .\nIn this section—\ndecision includes a decision or conduct leading up to or forming part of the process of making a decision.\ns 92CL ins 2012 No. 1 s 23\namd 2012 No. 13 s 14 (retro)\n(sec.92CL-ssec.1) The Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, by the Minister to— give a retransfer notice or retransfer direction; or approve the retransfer staff support framework. Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .\n(sec.92CL-ssec.2) In this section— decision includes a decision or conduct leading up to or forming part of the process of making a decision.\n- (a) give a retransfer notice or retransfer direction; or\n- (b) approve the retransfer staff support framework. Note— Section 92EC provided for the approval of the retransfer staff support framework. That provision was repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .","sortOrder":378},{"sectionNumber":"sec.92CM","sectionType":"section","heading":"Effect on legal relationships","content":"### sec.92CM Effect on legal relationships\n\nNothing done under this chapter, including a thing done under, or in compliance with, a retransfer document—\nmakes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract, confidence or duty; or\nmakes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\nis taken to fulfil a condition that—\nallows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or\nallows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or\nrequires any money to be paid before its stated maturity; or\nreleases a surety or other obligee, wholly or partly, from an obligation.\nIf, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\nIf, apart from this Act, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given.\nFor subsection (1) , (2) or (3) , a thing done under this chapter, or doing something under this chapter, extends to the doing of all acts preparatory to or otherwise for the purposes of doing the thing, including, for example, all things done in preparation for any of the following matters—\nAllconnex ceasing to be a service provider;\na withdrawn council becoming a service provider for its local government area;\nthe retransfer;\nAllconnex’s dissolution;\nanything consequential or incidental to a matter mentioned in paragraph (a) to (d) .\nIn this section—\nrelevant entity means all or any of the following—\nthe State or an employee or agent of the State;\na withdrawn council or any of its councillors, employees or agents;\nAllconnex, a member of its board or an employee or agent of Allconnex.\ns 92CM ins 2012 No. 1 s 23\n(sec.92CM-ssec.1) Nothing done under this chapter, including a thing done under, or in compliance with, a retransfer document— makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract, confidence or duty; or makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or is taken to fulfil a condition that— allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or requires any money to be paid before its stated maturity; or releases a surety or other obligee, wholly or partly, from an obligation.\n(sec.92CM-ssec.2) If, apart from this subsection, the advice, consent or approval of a person would be necessary to do something under this chapter, the advice is taken to have been obtained or the consent or approval is taken to have been given unconditionally.\n(sec.92CM-ssec.3) If, apart from this Act, giving notice to a person would be necessary to do something under this chapter, the notice is taken to have been given.\n(sec.92CM-ssec.4) For subsection (1) , (2) or (3) , a thing done under this chapter, or doing something under this chapter, extends to the doing of all acts preparatory to or otherwise for the purposes of doing the thing, including, for example, all things done in preparation for any of the following matters— Allconnex ceasing to be a service provider; a withdrawn council becoming a service provider for its local government area; the retransfer; Allconnex’s dissolution; anything consequential or incidental to a matter mentioned in paragraph (a) to (d) .\n(sec.92CM-ssec.5) In this section— relevant entity means all or any of the following— the State or an employee or agent of the State; a withdrawn council or any of its councillors, employees or agents; Allconnex, a member of its board or an employee or agent of Allconnex.\n- (a) makes a relevant entity liable for a civil wrong or a contravention of a law or for a breach of a contract, confidence or duty; or\n- (b) makes a relevant entity in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, novation or transfer of a right or liability or the disclosure of information; or\n- (c) is taken to fulfil a condition that— (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or (iii) requires any money to be paid before its stated maturity; or\n- (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iii) requires any money to be paid before its stated maturity; or\n- (d) releases a surety or other obligee, wholly or partly, from an obligation.\n- (i) allows a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or\n- (ii) allows a person to enforce an obligation contained in an instrument or requires a person to perform an obligation contained in an instrument; or\n- (iii) requires any money to be paid before its stated maturity; or\n- (a) Allconnex ceasing to be a service provider;\n- (b) a withdrawn council becoming a service provider for its local government area;\n- (c) the retransfer;\n- (d) Allconnex’s dissolution;\n- (e) anything consequential or incidental to a matter mentioned in paragraph (a) to (d) .\n- (a) the State or an employee or agent of the State;\n- (b) a withdrawn council or any of its councillors, employees or agents;\n- (c) Allconnex, a member of its board or an employee or agent of Allconnex.","sortOrder":379},{"sectionNumber":"sec.92CN","sectionType":"section","heading":"References to Allconnex","content":"### sec.92CN References to Allconnex\n\nIn an Act or document, a reference to Allconnex about a matter may, if the context permits, be taken to be a reference to its successor for the matter.\ns 92CN ins 2012 No. 1 s 23","sortOrder":380},{"sectionNumber":"sec.92CO","sectionType":"section","heading":"Registering authority to register or record transfer","content":"### sec.92CO Registering authority to register or record transfer\n\nA registering authority must, on application by a withdrawn council, register or record in the appropriate way a transfer, under this chapter, of a particular asset, liability or instrument to the council.\nThe application must—\nfor land—be a request to the registering authority in the appropriate form; or\notherwise—be written and give all the information that under any relevant law would be required to register the transfer.\nSubject to subsection (2) , if the transfer is of a motor vehicle, the parties to the transfer are exempt from complying with any procedure under the following that, apart from this section, they would have been required to comply with to register the transfer—\nthe Petroleum and Gas (Production and Safety) Act 2004 ;\nthe Transport Operations (Road Use Management) Act 1995 .\nIn this section—\nparties means Allconnex and the withdrawn council.\nprocedure includes the giving of a certificate or other document.\nregistering authority means the registrar or another entity required or authorised by law to register or record transactions affecting or relating to assets, liabilities or instruments.\ns 92CO ins 2012 No. 1 s 23\n(sec.92CO-ssec.1) A registering authority must, on application by a withdrawn council, register or record in the appropriate way a transfer, under this chapter, of a particular asset, liability or instrument to the council.\n(sec.92CO-ssec.2) The application must— for land—be a request to the registering authority in the appropriate form; or otherwise—be written and give all the information that under any relevant law would be required to register the transfer.\n(sec.92CO-ssec.3) Subject to subsection (2) , if the transfer is of a motor vehicle, the parties to the transfer are exempt from complying with any procedure under the following that, apart from this section, they would have been required to comply with to register the transfer— the Petroleum and Gas (Production and Safety) Act 2004 ; the Transport Operations (Road Use Management) Act 1995 .\n(sec.92CO-ssec.4) In this section— parties means Allconnex and the withdrawn council. procedure includes the giving of a certificate or other document. registering authority means the registrar or another entity required or authorised by law to register or record transactions affecting or relating to assets, liabilities or instruments.\n- (a) for land—be a request to the registering authority in the appropriate form; or\n- (b) otherwise—be written and give all the information that under any relevant law would be required to register the transfer.\n- (a) the Petroleum and Gas (Production and Safety) Act 2004 ;\n- (b) the Transport Operations (Road Use Management) Act 1995 .","sortOrder":381},{"sectionNumber":"sec.92CP","sectionType":"section","heading":"Non-liability for State taxes, charges or fees","content":"### sec.92CP Non-liability for State taxes, charges or fees\n\nAllconnex and the withdrawn councils are not liable to pay any of the following relating to anything done under a retransfer document—\na tax under the Duties Act 2001 or another Act;\na charge or fee under the Land Act , Land Title Act , Transport Operations (Road Use Management) Act 1995 , Water Act or another Act.\nIn this section—\ntax includes duty, impost and levy.\ns 92CP ins 2012 No. 1 s 23\n(sec.92CP-ssec.1) Allconnex and the withdrawn councils are not liable to pay any of the following relating to anything done under a retransfer document— a tax under the Duties Act 2001 or another Act; a charge or fee under the Land Act , Land Title Act , Transport Operations (Road Use Management) Act 1995 , Water Act or another Act.\n(sec.92CP-ssec.2) In this section— tax includes duty, impost and levy.\n- (a) a tax under the Duties Act 2001 or another Act;\n- (b) a charge or fee under the Land Act , Land Title Act , Transport Operations (Road Use Management) Act 1995 , Water Act or another Act.","sortOrder":382},{"sectionNumber":"sec.92CQ","sectionType":"section","heading":"Tax equivalents","content":"### sec.92CQ Tax equivalents\n\nSection 100 (3) ceases to apply to Allconnex for any function performed by it after the end of 30 June 2012, but continues to apply for all functions it performs before that time.\ns 92CQ ins 2012 No. 1 s 23","sortOrder":383},{"sectionNumber":"sec.92CR","sectionType":"section","heading":"Existing trade waste compliance notices","content":"### sec.92CR Existing trade waste compliance notices\n\nA discharge compliance notice given by Allconnex is taken to have been given by its successor for the matter the subject of the notice when it was given by Allconnex.\nSection 53DL applies as if the successor were a distributor-retailer.\ns 92CR ins 2012 No. 1 s 23\n(sec.92CR-ssec.1) A discharge compliance notice given by Allconnex is taken to have been given by its successor for the matter the subject of the notice when it was given by Allconnex.\n(sec.92CR-ssec.2) Section 53DL applies as if the successor were a distributor-retailer.","sortOrder":384},{"sectionNumber":"ch.3A-pt.5","sectionType":"part","heading":"Provisions for other laws and instruments","content":"# Provisions for other laws and instruments","sortOrder":385},{"sectionNumber":"ch.3A-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":386},{"sectionNumber":"sec.92CS","sectionType":"section","heading":"Application of pt 5","content":"### sec.92CS Application of pt 5\n\nThis part applies from the end of 30 June 2012.\ns 92CS ins 2012 No. 1 s 23","sortOrder":387},{"sectionNumber":"ch.3A-pt.5-div.2","sectionType":"division","heading":"Water Act","content":"## Water Act","sortOrder":388},{"sectionNumber":"sec.92CT","sectionType":"section","heading":null,"content":"### Section sec.92CT\n\ns 92CT ins 2012 No. 1 s 23\nom 2012 No. 39 s 9","sortOrder":389},{"sectionNumber":"sec.92CU","sectionType":"section","heading":"New grid contract documents for withdrawn councils","content":"### sec.92CU New grid contract documents for withdrawn councils\n\nThis section applies if Allconnex is a party to a grid contract document under the Water Act (the old contract ).\nOn 1 July 2012, each withdrawn council is taken to have become a party to a grid contract document under the Water Act (a new contract ) instead of Allconnex.\nThe provisions of each new contract are those of the old contract other than for changes necessary to reflect—\nthe withdrawn council being a party; and\nthe contract applying only for the withdrawn council’s local government area.\nTo remove any doubt, it is declared that this section does not alter or affect the power, under the Water Act , section 360ZDD , of the Minister administering that Act to amend the new contract.\ns 92CU ins 2012 No. 1 s 23\n(sec.92CU-ssec.1) This section applies if Allconnex is a party to a grid contract document under the Water Act (the old contract ).\n(sec.92CU-ssec.2) On 1 July 2012, each withdrawn council is taken to have become a party to a grid contract document under the Water Act (a new contract ) instead of Allconnex.\n(sec.92CU-ssec.3) The provisions of each new contract are those of the old contract other than for changes necessary to reflect— the withdrawn council being a party; and the contract applying only for the withdrawn council’s local government area.\n(sec.92CU-ssec.4) To remove any doubt, it is declared that this section does not alter or affect the power, under the Water Act , section 360ZDD , of the Minister administering that Act to amend the new contract.\n- (a) the withdrawn council being a party; and\n- (b) the contract applying only for the withdrawn council’s local government area.","sortOrder":390},{"sectionNumber":"sec.92CUA","sectionType":"section","heading":"Water efficiency management plans","content":"### sec.92CUA Water efficiency management plans\n\nA notice under the WEMP provisions from Allconnex to a relevant customer is taken to have been given by Allconnex’s successor when Allconnex gave the notice.\nA WEMP given to Allconnex and not approved by it is taken to have been given to its successor on 1 July 2012.\nAn approved WEMP for Allconnex’s geographic area is taken to be have been approved by its successor when it was approved.\nAn application under the WEMP provisions to Allconnex that has not been decided is taken to have been made to Allconnex’s successor on 1 July 2012.\nA liability or obligation under the WEMP provisions from a relevant customer to Allconnex is taken to be a liability or obligation to its successor when the liability or obligation first became owing to Allconnex.\nIn this section—\nWEMP means a water efficiency management plan under the WEMP provisions.\nWEMP provisions means the Water Act , chapter 2A , part 5 , division 3 .\ns 92CUA ins 2012 No. 1 s 23\n(sec.92CUA-ssec.1) A notice under the WEMP provisions from Allconnex to a relevant customer is taken to have been given by Allconnex’s successor when Allconnex gave the notice.\n(sec.92CUA-ssec.2) A WEMP given to Allconnex and not approved by it is taken to have been given to its successor on 1 July 2012.\n(sec.92CUA-ssec.3) An approved WEMP for Allconnex’s geographic area is taken to be have been approved by its successor when it was approved.\n(sec.92CUA-ssec.4) An application under the WEMP provisions to Allconnex that has not been decided is taken to have been made to Allconnex’s successor on 1 July 2012.\n(sec.92CUA-ssec.5) A liability or obligation under the WEMP provisions from a relevant customer to Allconnex is taken to be a liability or obligation to its successor when the liability or obligation first became owing to Allconnex.\n(sec.92CUA-ssec.6) In this section— WEMP means a water efficiency management plan under the WEMP provisions. WEMP provisions means the Water Act , chapter 2A , part 5 , division 3 .","sortOrder":391},{"sectionNumber":"sec.92CUB","sectionType":"section","heading":"Migration of other actions","content":"### sec.92CUB Migration of other actions\n\nThis section applies for an action taken by Allconnex under the Water Act about its geographic area functions to which section 92CUA does not apply.\nThe action is taken to have been taken by Allconnex’s successor when it was taken by Allconnex.\nHowever, subsection (2) —\nis subject to the other provisions of this chapter and all retransfer documents; and\ndoes not affect the successor’s power under the Acts Interpretation Act 1954 , section 24AA to amend or repeal a decision.\nIn this section—\naction includes the making or giving of a decision, notice or other document.\ns 92CUB ins 2012 No. 1 s 23\n(sec.92CUB-ssec.1) This section applies for an action taken by Allconnex under the Water Act about its geographic area functions to which section 92CUA does not apply.\n(sec.92CUB-ssec.2) The action is taken to have been taken by Allconnex’s successor when it was taken by Allconnex.\n(sec.92CUB-ssec.3) However, subsection (2) — is subject to the other provisions of this chapter and all retransfer documents; and does not affect the successor’s power under the Acts Interpretation Act 1954 , section 24AA to amend or repeal a decision.\n(sec.92CUB-ssec.4) In this section— action includes the making or giving of a decision, notice or other document.\n- (a) is subject to the other provisions of this chapter and all retransfer documents; and\n- (b) does not affect the successor’s power under the Acts Interpretation Act 1954 , section 24AA to amend or repeal a decision.","sortOrder":392},{"sectionNumber":"ch.3A-pt.5-div.3","sectionType":"division","heading":"Water Supply Act","content":"## Water Supply Act","sortOrder":393},{"sectionNumber":"sec.92CV","sectionType":"section","heading":"Existing trade waste and seepage water approvals","content":"### sec.92CV Existing trade waste and seepage water approvals\n\nAll trade waste approvals and seepage water approvals (each an existing approval ) given by Allconnex are taken to have been given by its successor for the water infrastructure the subject of the approval.\nSubsection (3) applies if—\nAllconnex is required under the Water Supply Act , section 185 to give an approval holder a notice amending the holder’s approval; and\nit has not given that notice.\nAllconnex’s successor for the approval must give the notice as soon as practicable after it becomes aware of the requirement.\ns 92CV ins 2012 No. 1 s 23\n(sec.92CV-ssec.1) All trade waste approvals and seepage water approvals (each an existing approval ) given by Allconnex are taken to have been given by its successor for the water infrastructure the subject of the approval.\n(sec.92CV-ssec.2) Subsection (3) applies if— Allconnex is required under the Water Supply Act , section 185 to give an approval holder a notice amending the holder’s approval; and it has not given that notice.\n(sec.92CV-ssec.3) Allconnex’s successor for the approval must give the notice as soon as practicable after it becomes aware of the requirement.\n- (a) Allconnex is required under the Water Supply Act , section 185 to give an approval holder a notice amending the holder’s approval; and\n- (b) it has not given that notice.","sortOrder":394},{"sectionNumber":"sec.92CW","sectionType":"section","heading":"Power to amend existing trade waste approvals for particular purposes","content":"### sec.92CW Power to amend existing trade waste approvals for particular purposes\n\nThis section applies for a trade waste approval or seepage water approval (each an existing approval ) that, under section 92CV (1) , is taken to have been given by a withdrawn council.\nSubject to subsections (3) and (4) , the withdrawn council may amend the existing approval to ensure the consistency of all existing approvals of the same type given for its local government area.\nAn amendment under subsection (2) can not be made after 1 July 2013.\nSection 53AH applies to the amendment—\nas if the withdrawn council were a distributor-retailer; and\nas if the amendment were a consistency amendment; and\nwith other necessary changes.\nThe withdrawn council may, by notice, also amend an existing approval to make any change necessary to reflect that the approval is being given by it instead of Allconnex.\ns 92CW ins 2012 No. 1 s 23\n(sec.92CW-ssec.1) This section applies for a trade waste approval or seepage water approval (each an existing approval ) that, under section 92CV (1) , is taken to have been given by a withdrawn council.\n(sec.92CW-ssec.2) Subject to subsections (3) and (4) , the withdrawn council may amend the existing approval to ensure the consistency of all existing approvals of the same type given for its local government area.\n(sec.92CW-ssec.3) An amendment under subsection (2) can not be made after 1 July 2013.\n(sec.92CW-ssec.4) Section 53AH applies to the amendment— as if the withdrawn council were a distributor-retailer; and as if the amendment were a consistency amendment; and with other necessary changes.\n(sec.92CW-ssec.5) The withdrawn council may, by notice, also amend an existing approval to make any change necessary to reflect that the approval is being given by it instead of Allconnex.\n- (a) as if the withdrawn council were a distributor-retailer; and\n- (b) as if the amendment were a consistency amendment; and\n- (c) with other necessary changes.","sortOrder":395},{"sectionNumber":"sec.92CX","sectionType":"section","heading":"Migration of applications","content":"### sec.92CX Migration of applications\n\nAn application made to Allconnex concerning its geographic area functions that has not been decided is taken to have been made to its successor for the application on 1 July 2012.\nIn this section—\napplication includes—\na request under the Water Supply Act , section 167 to connect to Allconnex’s infrastructure; and\nan application for a trade waste approval or seepage water approval.\ns 92CX ins 2012 No. 1 s 23\n(sec.92CX-ssec.1) An application made to Allconnex concerning its geographic area functions that has not been decided is taken to have been made to its successor for the application on 1 July 2012.\n(sec.92CX-ssec.2) In this section— application includes— a request under the Water Supply Act , section 167 to connect to Allconnex’s infrastructure; and an application for a trade waste approval or seepage water approval.\n- (a) a request under the Water Supply Act , section 167 to connect to Allconnex’s infrastructure; and\n- (b) an application for a trade waste approval or seepage water approval.","sortOrder":396},{"sectionNumber":"sec.92CY","sectionType":"section","heading":"Migration of Allconnex’s actions","content":"### sec.92CY Migration of Allconnex’s actions\n\nThis section applies for an action taken by Allconnex under the Water Supply Act about its geographic area functions.\nThe action is taken to have been taken by Allconnex’s successor when it was taken by Allconnex.\nHowever, subsection (2) —\nis subject to the other provisions of this chapter and all retransfer documents; and\ndoes not affect the successor’s power under the Acts Interpretation Act 1954 , section 24AA to amend or repeal a decision.\nSubsection (2) ceases to apply for a document on—\n1 July 2013; or\nif, before 1 July 2013, a later day is prescribed under a regulation—the later day.\nIn this section—\naction includes the making or giving of a decision, notice or other document.\ns 92CY ins 2012 No. 1 s 23\n(sec.92CY-ssec.1) This section applies for an action taken by Allconnex under the Water Supply Act about its geographic area functions.\n(sec.92CY-ssec.2) The action is taken to have been taken by Allconnex’s successor when it was taken by Allconnex.\n(sec.92CY-ssec.3) However, subsection (2) — is subject to the other provisions of this chapter and all retransfer documents; and does not affect the successor’s power under the Acts Interpretation Act 1954 , section 24AA to amend or repeal a decision.\n(sec.92CY-ssec.4) Subsection (2) ceases to apply for a document on— 1 July 2013; or if, before 1 July 2013, a later day is prescribed under a regulation—the later day.\n(sec.92CY-ssec.5) In this section— action includes the making or giving of a decision, notice or other document.\n- (a) is subject to the other provisions of this chapter and all retransfer documents; and\n- (b) does not affect the successor’s power under the Acts Interpretation Act 1954 , section 24AA to amend or repeal a decision.\n- (a) 1 July 2013; or\n- (b) if, before 1 July 2013, a later day is prescribed under a regulation—the later day.","sortOrder":397},{"sectionNumber":"sec.92CZ","sectionType":"section","heading":"Compliance and other notices","content":"### sec.92CZ Compliance and other notices\n\nThis section applies for any of the following notices under the Water Supply Act given to Allconnex that have not been complied with—\na compliance notice;\nan information notice;\na regulator notice.\nThe notice is taken to have been given to Allconnex’s successor for the matter the subject of the notice on 1 July 2012.\ns 92CZ ins 2012 No. 1 s 23\n(sec.92CZ-ssec.1) This section applies for any of the following notices under the Water Supply Act given to Allconnex that have not been complied with— a compliance notice; an information notice; a regulator notice.\n(sec.92CZ-ssec.2) The notice is taken to have been given to Allconnex’s successor for the matter the subject of the notice on 1 July 2012.\n- (a) a compliance notice;\n- (b) an information notice;\n- (c) a regulator notice.","sortOrder":398},{"sectionNumber":"sec.92DA","sectionType":"section","heading":"Plans under the Water Supply Act —generally","content":"### sec.92DA Plans under the Water Supply Act —generally\n\nThe following provisions of the Water Supply Act do not apply to a withdrawn council—\nsections 106 to 109 , other than to the extent the sections provide for any matter about the withdrawn council’s drinking water quality management plan;\nchapter 2 , part 4 , division 6 .\nThe following provisions of the Water Supply Act do not apply to a withdrawn council that has a water netserv plan—\nchapter 2 , part 4 , divisions 1 and 2 ;\nchapter 2 , part 4 , division 4 , other than to the extent the division provides for any matter about the withdrawn council’s drinking water quality management plan.\ns 92DA ins 2012 No. 1 s 23\n(sec.92DA-ssec.1) The following provisions of the Water Supply Act do not apply to a withdrawn council— sections 106 to 109 , other than to the extent the sections provide for any matter about the withdrawn council’s drinking water quality management plan; chapter 2 , part 4 , division 6 .\n(sec.92DA-ssec.2) The following provisions of the Water Supply Act do not apply to a withdrawn council that has a water netserv plan— chapter 2 , part 4 , divisions 1 and 2 ; chapter 2 , part 4 , division 4 , other than to the extent the division provides for any matter about the withdrawn council’s drinking water quality management plan.\n- (a) sections 106 to 109 , other than to the extent the sections provide for any matter about the withdrawn council’s drinking water quality management plan;\n- (b) chapter 2 , part 4 , division 6 .\n- (a) chapter 2 , part 4 , divisions 1 and 2 ;\n- (b) chapter 2 , part 4 , division 4 , other than to the extent the division provides for any matter about the withdrawn council’s drinking water quality management plan.","sortOrder":399},{"sectionNumber":"sec.92DB","sectionType":"section","heading":"Provision about service areas—after water netserv plan is in effect","content":"### sec.92DB Provision about service areas—after water netserv plan is in effect\n\nThis section applies to a withdrawn council from the day the withdrawn council has a water netserv plan.\nThe Water Supply Act , section 161 (2) does not apply to the withdrawn council.\nFor a relevant provision—\nthe withdrawn council’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act ; and\nthe withdrawn council is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act .\nIn this section—\nrelevant provision means the following provisions of the Water Supply Act —\nsection 161 (9) ;\nchapter 2 , part 5 , divisions 3 to 5 ;\nschedule 3 , definition retail water service .\ns 92DB ins 2012 No. 1 s 23\namd 2019 No. 17 s 316\n(sec.92DB-ssec.1) This section applies to a withdrawn council from the day the withdrawn council has a water netserv plan.\n(sec.92DB-ssec.2) The Water Supply Act , section 161 (2) does not apply to the withdrawn council.\n(sec.92DB-ssec.3) For a relevant provision— the withdrawn council’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act ; and the withdrawn council is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act .\n(sec.92DB-ssec.4) In this section— relevant provision means the following provisions of the Water Supply Act — section 161 (9) ; chapter 2 , part 5 , divisions 3 to 5 ; schedule 3 , definition retail water service .\n- (a) the withdrawn council’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act ; and\n- (b) the withdrawn council is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act .\n- (a) section 161 (9) ;\n- (b) chapter 2 , part 5 , divisions 3 to 5 ;\n- (c) schedule 3 , definition retail water service .","sortOrder":400},{"sectionNumber":"sec.92DC","sectionType":"section","heading":"Strategic asset management plan","content":"### sec.92DC Strategic asset management plan\n\nThis section applies for the Water Supply Act , chapter 2 , part 4 , division 1 in relation to a withdrawn council, until the council has a water netserv plan.\nThe existing strategic asset management plan for Allconnex’s registered services becomes a withdrawn council’s approved strategic asset management plan for its local government area.\nThe Water Supply Act , sections 73 and 74 do not apply to a withdrawn council.\ns 92DC ins 2012 No. 1 s 23\n(sec.92DC-ssec.1) This section applies for the Water Supply Act , chapter 2 , part 4 , division 1 in relation to a withdrawn council, until the council has a water netserv plan.\n(sec.92DC-ssec.2) The existing strategic asset management plan for Allconnex’s registered services becomes a withdrawn council’s approved strategic asset management plan for its local government area.\n(sec.92DC-ssec.3) The Water Supply Act , sections 73 and 74 do not apply to a withdrawn council.","sortOrder":401},{"sectionNumber":"sec.92DD","sectionType":"section","heading":"Recycled water management plan","content":"### sec.92DD Recycled water management plan\n\nThis section applies for the Water Supply Act , chapter 3 , part 2 .\nAllconnex’s recycled water management plan for Allconnex’s recycled water schemes becomes a withdrawn council’s approved recycled water management plan for the council’s recycled water schemes.\ns 92DD ins 2012 No. 1 s 23\n(sec.92DD-ssec.1) This section applies for the Water Supply Act , chapter 3 , part 2 .\n(sec.92DD-ssec.2) Allconnex’s recycled water management plan for Allconnex’s recycled water schemes becomes a withdrawn council’s approved recycled water management plan for the council’s recycled water schemes.","sortOrder":402},{"sectionNumber":"sec.92DE","sectionType":"section","heading":"System leakage management plans","content":"### sec.92DE System leakage management plans\n\nThis section applies for the Water Supply Act , chapter 2 , part 4 , division 2 in relation to a withdrawn council until the council has a water netserv plan.\nAllconnex’s approved system leakage management plan becomes the withdrawn council’s existing system leakage management plan to the extent that plan applied for its local government area.\nThe Water Supply Act , sections 82 and 87 do not apply to the withdrawn council.\ns 92DE ins 2012 No. 1 s 23\n(sec.92DE-ssec.1) This section applies for the Water Supply Act , chapter 2 , part 4 , division 2 in relation to a withdrawn council until the council has a water netserv plan.\n(sec.92DE-ssec.2) Allconnex’s approved system leakage management plan becomes the withdrawn council’s existing system leakage management plan to the extent that plan applied for its local government area.\n(sec.92DE-ssec.3) The Water Supply Act , sections 82 and 87 do not apply to the withdrawn council.","sortOrder":403},{"sectionNumber":"sec.92DF","sectionType":"section","heading":"Drinking water quality management plan","content":"### sec.92DF Drinking water quality management plan\n\nThis section applies for the Water Supply Act , chapter 2 , part 4 , division 3 , subdivision 1 in relation to a withdrawn council until it has an approved drinking water quality management plan under that Act.\nThe existing drinking water quality management plan for Allconnex’s drinking water service becomes the withdrawn council’s approved drinking water quality management plan.\ns 92DF ins 2012 No. 1 s 23\n(sec.92DF-ssec.1) This section applies for the Water Supply Act , chapter 2 , part 4 , division 3 , subdivision 1 in relation to a withdrawn council until it has an approved drinking water quality management plan under that Act.\n(sec.92DF-ssec.2) The existing drinking water quality management plan for Allconnex’s drinking water service becomes the withdrawn council’s approved drinking water quality management plan.","sortOrder":404},{"sectionNumber":"ch.3A-pt.5-div.4","sectionType":"division","heading":"Water EPP","content":"## Water EPP","sortOrder":405},{"sectionNumber":"sec.92DG","sectionType":"section","heading":"Trade waste plans and managing wastewater services","content":"### sec.92DG Trade waste plans and managing wastewater services\n\nFrom the day a withdrawn council has a water netserv plan, the water EPP , section 20 ( section 20 ) and section 22 ( section 22 ) do not apply to the council as a sewerage service provider.\nUntil that day—\nAllconnex’s trade waste management plan becomes a withdrawn council’s trade waste management plan; and\neach withdrawn council must, in managing its wastewater service, have regard to the provisions about the matters that, under section 20 , are included in the plan.\nSection 20 and section 22 cease to apply to Allconnex.\nFor the water EPP , section 16 (2) (b) , all withdrawn councils are taken to be a large local government.\nIn this section—\ntrade waste management plan means an environmental plan about trade waste management under section 22 .\ns 92DG ins 2012 No. 1 s 23\n(sec.92DG-ssec.1) From the day a withdrawn council has a water netserv plan, the water EPP , section 20 ( section 20 ) and section 22 ( section 22 ) do not apply to the council as a sewerage service provider.\n(sec.92DG-ssec.2) Until that day— Allconnex’s trade waste management plan becomes a withdrawn council’s trade waste management plan; and each withdrawn council must, in managing its wastewater service, have regard to the provisions about the matters that, under section 20 , are included in the plan.\n(sec.92DG-ssec.3) Section 20 and section 22 cease to apply to Allconnex.\n(sec.92DG-ssec.4) For the water EPP , section 16 (2) (b) , all withdrawn councils are taken to be a large local government.\n(sec.92DG-ssec.5) In this section— trade waste management plan means an environmental plan about trade waste management under section 22 .\n- (a) Allconnex’s trade waste management plan becomes a withdrawn council’s trade waste management plan; and\n- (b) each withdrawn council must, in managing its wastewater service, have regard to the provisions about the matters that, under section 20 , are included in the plan.","sortOrder":406},{"sectionNumber":"ch.3A-pt.5-div.5","sectionType":"division","heading":"Amending particular documents to reflect transition","content":"## Amending particular documents to reflect transition","sortOrder":407},{"sectionNumber":"sec.92DH","sectionType":"section","heading":"Amendment power","content":"### sec.92DH Amendment power\n\nThe parties to a multi-area document may, until 1 July 2013, amend the document in a way that reflects the retransfer.\nThe power under subsection (1) —\nis subject to the other provisions of this part; and\nis exercisable in the same way, and subject to the same conditions, as the power to make the document.\nIn this section—\nmulti-area document means a document made under an Act relating to the former water services or wastewater services of Allconnex, including, for example, any of the following—\na drinking water quality management plan;\na recycled water management plan under the Water Supply Act ;\na strategic asset management plan under the Water Supply Act ;\nan approved protocol under the market rules under the Water Act .\ns 92DH ins 2012 No. 1 s 23\n(sec.92DH-ssec.1) The parties to a multi-area document may, until 1 July 2013, amend the document in a way that reflects the retransfer.\n(sec.92DH-ssec.2) The power under subsection (1) — is subject to the other provisions of this part; and is exercisable in the same way, and subject to the same conditions, as the power to make the document.\n(sec.92DH-ssec.3) In this section— multi-area document means a document made under an Act relating to the former water services or wastewater services of Allconnex, including, for example, any of the following— a drinking water quality management plan; a recycled water management plan under the Water Supply Act ; a strategic asset management plan under the Water Supply Act ; an approved protocol under the market rules under the Water Act .\n- (a) is subject to the other provisions of this part; and\n- (b) is exercisable in the same way, and subject to the same conditions, as the power to make the document.\n- (a) a drinking water quality management plan;\n- (b) a recycled water management plan under the Water Supply Act ;\n- (c) a strategic asset management plan under the Water Supply Act ;\n- (d) an approved protocol under the market rules under the Water Act .","sortOrder":408},{"sectionNumber":"ch.3A-pt.5-div.6","sectionType":"division","heading":"Repealed Sustainable Planning Act 2009","content":"## Repealed Sustainable Planning Act 2009","sortOrder":409},{"sectionNumber":"sec.92DI","sectionType":"section","heading":"Cessation of Allconnex’s functions","content":"### sec.92DI Cessation of Allconnex’s functions\n\nThe following things under the repealed SPA cease—\nAllconnex’s concurrence agency functions;\nAllconnex’s functions under chapter 9 , part 7A ;\nall of Allconnex’s other functions as a distributor-retailer;\na withdrawn council’s obligations relating to Allconnex.\nSubsection (3) applies if—\nAllconnex has functions under the repealed SPA —\nas a concurrence agency under the repealed SPA for a development application made under the repealed SPA ; or\nfor a request for compliance assessment made under the repealed SPA ; and\nthose functions were required to be, or could have been, performed but had not been performed.\nThe functions under the repealed SPA merge into Allconnex’s successor’s function as the assessment manager for the application or as the compliance assessor for the request.\nThe repealed SPA , chapter 8 , part 1 ceases to apply to Allconnex as a distributor-retailer.\ns 92DI ins 2012 No. 1 s 23\namd 2016 No. 27 s 460\n(sec.92DI-ssec.1) The following things under the repealed SPA cease— Allconnex’s concurrence agency functions; Allconnex’s functions under chapter 9 , part 7A ; all of Allconnex’s other functions as a distributor-retailer; a withdrawn council’s obligations relating to Allconnex.\n(sec.92DI-ssec.2) Subsection (3) applies if— Allconnex has functions under the repealed SPA — as a concurrence agency under the repealed SPA for a development application made under the repealed SPA ; or for a request for compliance assessment made under the repealed SPA ; and those functions were required to be, or could have been, performed but had not been performed.\n(sec.92DI-ssec.3) The functions under the repealed SPA merge into Allconnex’s successor’s function as the assessment manager for the application or as the compliance assessor for the request.\n(sec.92DI-ssec.4) The repealed SPA , chapter 8 , part 1 ceases to apply to Allconnex as a distributor-retailer.\n- (a) Allconnex’s concurrence agency functions;\n- (b) Allconnex’s functions under chapter 9 , part 7A ;\n- (c) all of Allconnex’s other functions as a distributor-retailer;\n- (d) a withdrawn council’s obligations relating to Allconnex.\n- (a) Allconnex has functions under the repealed SPA — (i) as a concurrence agency under the repealed SPA for a development application made under the repealed SPA ; or (ii) for a request for compliance assessment made under the repealed SPA ; and\n- (i) as a concurrence agency under the repealed SPA for a development application made under the repealed SPA ; or\n- (ii) for a request for compliance assessment made under the repealed SPA ; and\n- (b) those functions were required to be, or could have been, performed but had not been performed.\n- (i) as a concurrence agency under the repealed SPA for a development application made under the repealed SPA ; or\n- (ii) for a request for compliance assessment made under the repealed SPA ; and","sortOrder":410},{"sectionNumber":"sec.92DJ","sectionType":"section","heading":"Continued effect of non-application of planning schemes under s 78A","content":"### sec.92DJ Continued effect of non-application of planning schemes under s 78A\n\ns 92DJ ins 2012 No. 1 s 23\nom 2016 No. 27 s 461","sortOrder":411},{"sectionNumber":"ch.3A-pt.5-div.7","sectionType":"division","heading":"Acquisition of Land Act","content":"## Acquisition of Land Act","sortOrder":412},{"sectionNumber":"sec.92DK","sectionType":"section","heading":"Existing acquisitions","content":"### sec.92DK Existing acquisitions\n\nThis section applies to land acquired by Allconnex as a constructing authority under the Acquisition of Land Act .\nIf the land is transferred to a withdrawn council under this chapter, for section 41 of that Act the council is the constructing authority that acquired that land on the day it was acquired.\ns 92DK ins 2012 No. 1 s 23\n(sec.92DK-ssec.1) This section applies to land acquired by Allconnex as a constructing authority under the Acquisition of Land Act .\n(sec.92DK-ssec.2) If the land is transferred to a withdrawn council under this chapter, for section 41 of that Act the council is the constructing authority that acquired that land on the day it was acquired.","sortOrder":413},{"sectionNumber":"sec.92DL","sectionType":"section","heading":"Acquisitions interrupted by retransfer scheme or notice","content":"### sec.92DL Acquisitions interrupted by retransfer scheme or notice\n\nThis section applies if Allconnex has—\nserved a notice of intention to resume to take land as a constructing authority under the Acquisition of Land Act ; or\nentered into an agreement to take land under that Act.\nA withdrawn council may by notice given to each affected person decide to continue the taking.\nThe notice must state—\nthat the withdrawn council has become the constructing authority for the taking; and\nits address for service of documents.\nOn the giving of the notice, for the Acquisition of Land Act —\nthe withdrawn council becomes the constructing authority for the taking; and\nAllconnex’s rights and obligations concerning the taking end.\nHowever, the purpose of the taking does not change.\nIn this section—\naffected person , for the taking, means—\neach person—\non whom Allconnex served a notice of intention to resume to take the land under the Acquisition of Land Act ; or\nwith whom Allconnex has entered into an agreement to take the land; and\nanyone else the withdrawn council considers is financially affected by the taking.\ns 92DL ins 2012 No. 1 s 23\n(sec.92DL-ssec.1) This section applies if Allconnex has— served a notice of intention to resume to take land as a constructing authority under the Acquisition of Land Act ; or entered into an agreement to take land under that Act.\n(sec.92DL-ssec.2) A withdrawn council may by notice given to each affected person decide to continue the taking.\n(sec.92DL-ssec.3) The notice must state— that the withdrawn council has become the constructing authority for the taking; and its address for service of documents.\n(sec.92DL-ssec.4) On the giving of the notice, for the Acquisition of Land Act — the withdrawn council becomes the constructing authority for the taking; and Allconnex’s rights and obligations concerning the taking end.\n(sec.92DL-ssec.5) However, the purpose of the taking does not change.\n(sec.92DL-ssec.6) In this section— affected person , for the taking, means— each person— on whom Allconnex served a notice of intention to resume to take the land under the Acquisition of Land Act ; or with whom Allconnex has entered into an agreement to take the land; and anyone else the withdrawn council considers is financially affected by the taking.\n- (a) served a notice of intention to resume to take land as a constructing authority under the Acquisition of Land Act ; or\n- (b) entered into an agreement to take land under that Act.\n- (a) that the withdrawn council has become the constructing authority for the taking; and\n- (b) its address for service of documents.\n- (a) the withdrawn council becomes the constructing authority for the taking; and\n- (b) Allconnex’s rights and obligations concerning the taking end.\n- (a) each person— (i) on whom Allconnex served a notice of intention to resume to take the land under the Acquisition of Land Act ; or (ii) with whom Allconnex has entered into an agreement to take the land; and\n- (i) on whom Allconnex served a notice of intention to resume to take the land under the Acquisition of Land Act ; or\n- (ii) with whom Allconnex has entered into an agreement to take the land; and\n- (b) anyone else the withdrawn council considers is financially affected by the taking.\n- (i) on whom Allconnex served a notice of intention to resume to take the land under the Acquisition of Land Act ; or\n- (ii) with whom Allconnex has entered into an agreement to take the land; and","sortOrder":414},{"sectionNumber":"sec.92DM","sectionType":"section","heading":"Provisions for withdrawn council becoming constructing authority","content":"### sec.92DM Provisions for withdrawn council becoming constructing authority\n\nThis section applies if under section 92DL , a withdrawn council becomes the constructing authority for the taking of land instead of Allconnex.\nAllconnex must give the withdrawn council the documents relating to the taking.\nDespite the Acquisition of Land Act , section 12 (1) , the land taken under a gazette resumption notice under that Act vests in the withdrawn council.\nThe withdrawn council—\nhas for the taking the same functions and obligations under the Acquisition of Land Act as Allconnex; and\ndoes not represent the State for section 12 of that Act.\nThe rights under the Acquisition of Land Act of a person served with a notice of intention to resume or who entered into an agreement to take the land do not change.\nA reference to Allconnex in a document relating to the taking is, if the context permits, taken to be a reference to the withdrawn council.\nWithout limiting subsection (6) , if Allconnex is taking the land under an agreement to take—\na reference in the agreement to Allconnex is taken to be a reference to the withdrawn council; and\nthe agreement gives rise to the same rights and liabilities that would have arisen if Allconnex were still a party to the agreement.\ns 92DM ins 2012 No. 1 s 23\n(sec.92DM-ssec.1) This section applies if under section 92DL , a withdrawn council becomes the constructing authority for the taking of land instead of Allconnex.\n(sec.92DM-ssec.2) Allconnex must give the withdrawn council the documents relating to the taking.\n(sec.92DM-ssec.3) Despite the Acquisition of Land Act , section 12 (1) , the land taken under a gazette resumption notice under that Act vests in the withdrawn council.\n(sec.92DM-ssec.4) The withdrawn council— has for the taking the same functions and obligations under the Acquisition of Land Act as Allconnex; and does not represent the State for section 12 of that Act.\n(sec.92DM-ssec.5) The rights under the Acquisition of Land Act of a person served with a notice of intention to resume or who entered into an agreement to take the land do not change.\n(sec.92DM-ssec.6) A reference to Allconnex in a document relating to the taking is, if the context permits, taken to be a reference to the withdrawn council.\n(sec.92DM-ssec.7) Without limiting subsection (6) , if Allconnex is taking the land under an agreement to take— a reference in the agreement to Allconnex is taken to be a reference to the withdrawn council; and the agreement gives rise to the same rights and liabilities that would have arisen if Allconnex were still a party to the agreement.\n- (a) has for the taking the same functions and obligations under the Acquisition of Land Act as Allconnex; and\n- (b) does not represent the State for section 12 of that Act.\n- (a) a reference in the agreement to Allconnex is taken to be a reference to the withdrawn council; and\n- (b) the agreement gives rise to the same rights and liabilities that would have arisen if Allconnex were still a party to the agreement.","sortOrder":415},{"sectionNumber":"ch.3A-pt.5-div.8","sectionType":"division","heading":"Land Act","content":"## Land Act","sortOrder":416},{"sectionNumber":"sec.92DN","sectionType":"section","heading":"Provision for particular freehold land and Land Act leases","content":"### sec.92DN Provision for particular freehold land and Land Act leases\n\nThis section applies if, under section 75 or 76 , a deed of grant or a lease has been issued to Allconnex for particular land.\nA retransfer document can not transfer the land or lease to a withdrawn council other than the geographically-connected withdrawn council.\ns 92DN ins 2012 No. 1 s 23\n(sec.92DN-ssec.1) This section applies if, under section 75 or 76 , a deed of grant or a lease has been issued to Allconnex for particular land.\n(sec.92DN-ssec.2) A retransfer document can not transfer the land or lease to a withdrawn council other than the geographically-connected withdrawn council.","sortOrder":417},{"sectionNumber":"ch.3A-pt.5-div.9","sectionType":"division","heading":"Plumbing and Drainage Act 2002","content":"## Plumbing and Drainage Act 2002","sortOrder":418},{"sectionNumber":"sec.92DO","sectionType":"section","heading":"Cessation of functions and other matters","content":"### sec.92DO Cessation of functions and other matters\n\nThe following things under the Plumbing and Drainage Act 2002 cease—\nAllconnex’s SEQ water functions and other functions as a distributor-retailer;\na withdrawn council’s and anyone else’s obligations relating to Allconnex.\nIn this section—\nSEQ water functions means functions as a service provider relating to approving connections to, disconnections from or changes to connections to, water infrastructure.\ns 92DO ins 2012 No. 1 s 23\n(sec.92DO-ssec.1) The following things under the Plumbing and Drainage Act 2002 cease— Allconnex’s SEQ water functions and other functions as a distributor-retailer; a withdrawn council’s and anyone else’s obligations relating to Allconnex.\n(sec.92DO-ssec.2) In this section— SEQ water functions means functions as a service provider relating to approving connections to, disconnections from or changes to connections to, water infrastructure.\n- (a) Allconnex’s SEQ water functions and other functions as a distributor-retailer;\n- (b) a withdrawn council’s and anyone else’s obligations relating to Allconnex.","sortOrder":419},{"sectionNumber":"ch.3A-pt.5-div.10","sectionType":"division","heading":"LGA 2009","content":"## LGA 2009","sortOrder":420},{"sectionNumber":"sec.92DP","sectionType":"section","heading":"LGA 2009 applies for particular debts to Allconnex","content":"### sec.92DP LGA 2009 applies for particular debts to Allconnex\n\nThis section applies if Allconnex is owed an amount for a charge-related debt.\nFrom 1 July 2012, LGA 2009 applies for the debt—\nas if the debt were overdue rates and charges under that Act owing to Allconnex’s successor; and\nas if the overdue rates and charges had become owing when the debt became owing to Allconnex; and\nas if action taken by the successor to recover the overdue rates and charges includes all action taken by Allconnex to recover the debt from anyone liable to pay it.\nIn this section—\n1 July 2010 charge handover arrangement means an arrangement mentioned in expired sections 26 and 27 of the South-East Queensland Water (Distribution and Retail Restructuring) Regulation 2010 .\ncharge-related debt means all or any of the following—\nan overdue charge;\neither—\nCPI indexation on the overdue charge as if the quarter ending 30 June 2012 had ended; or\nany interest charged on the overdue charge;\na charge imposed under a 1 July 2010 charge handover arrangement;\ncosts mentioned in section 53AV (1) (b) ordered to be paid to Allconnex by any owner of premises to which an amount owing to Allconnex for an matter mentioned in paragraphs (a) to (c) relates.\ns 92DP ins 2012 No. 1 s 23\n(sec.92DP-ssec.1) This section applies if Allconnex is owed an amount for a charge-related debt.\n(sec.92DP-ssec.2) From 1 July 2012, LGA 2009 applies for the debt— as if the debt were overdue rates and charges under that Act owing to Allconnex’s successor; and as if the overdue rates and charges had become owing when the debt became owing to Allconnex; and as if action taken by the successor to recover the overdue rates and charges includes all action taken by Allconnex to recover the debt from anyone liable to pay it.\n(sec.92DP-ssec.3) In this section— 1 July 2010 charge handover arrangement means an arrangement mentioned in expired sections 26 and 27 of the South-East Queensland Water (Distribution and Retail Restructuring) Regulation 2010 . charge-related debt means all or any of the following— an overdue charge; either— CPI indexation on the overdue charge as if the quarter ending 30 June 2012 had ended; or any interest charged on the overdue charge; a charge imposed under a 1 July 2010 charge handover arrangement; costs mentioned in section 53AV (1) (b) ordered to be paid to Allconnex by any owner of premises to which an amount owing to Allconnex for an matter mentioned in paragraphs (a) to (c) relates.\n- (a) as if the debt were overdue rates and charges under that Act owing to Allconnex’s successor; and\n- (b) as if the overdue rates and charges had become owing when the debt became owing to Allconnex; and\n- (c) as if action taken by the successor to recover the overdue rates and charges includes all action taken by Allconnex to recover the debt from anyone liable to pay it.\n- (a) an overdue charge;\n- (b) either— (i) CPI indexation on the overdue charge as if the quarter ending 30 June 2012 had ended; or (ii) any interest charged on the overdue charge;\n- (i) CPI indexation on the overdue charge as if the quarter ending 30 June 2012 had ended; or\n- (ii) any interest charged on the overdue charge;\n- (c) a charge imposed under a 1 July 2010 charge handover arrangement;\n- (d) costs mentioned in section 53AV (1) (b) ordered to be paid to Allconnex by any owner of premises to which an amount owing to Allconnex for an matter mentioned in paragraphs (a) to (c) relates.\n- (i) CPI indexation on the overdue charge as if the quarter ending 30 June 2012 had ended; or\n- (ii) any interest charged on the overdue charge;","sortOrder":421},{"sectionNumber":"ch.3A-pt.6","sectionType":"part","heading":"Provisions for separately retransferred land and attached assets","content":"# Provisions for separately retransferred land and attached assets","sortOrder":422},{"sectionNumber":"sec.92DQ","sectionType":"section","heading":"Application of pt 6","content":"### sec.92DQ Application of pt 6\n\nThis part applies if, under a retransfer document—\na withdrawn council becomes the owner of an asset attached to or on particular land; and\nthe withdrawn council does not own or have a right to occupy the land.\ns 92DQ ins 2012 No. 1 s 23\n- (a) a withdrawn council becomes the owner of an asset attached to or on particular land; and\n- (b) the withdrawn council does not own or have a right to occupy the land.","sortOrder":423},{"sectionNumber":"sec.92DR","sectionType":"section","heading":"References to land with asset attached","content":"### sec.92DR References to land with asset attached\n\nA reference in this part to land to which an asset is attached is a reference to the parcel of land for which there is an instrument of title that includes the particular area covered by the asset.\ns 92DR ins 2012 No. 1 s 23","sortOrder":424},{"sectionNumber":"sec.92DS","sectionType":"section","heading":"Entry to the land by local government workers","content":"### sec.92DS Entry to the land by local government workers\n\nFor LGA 2009 , section 144 the asset is a local government facility of the withdrawn council installed by the council.\ns 92DS ins 2012 No. 1 s 23","sortOrder":425},{"sectionNumber":"sec.92DT","sectionType":"section","heading":"Landowner’s obligations for asset","content":"### sec.92DT Landowner’s obligations for asset\n\nThe owner of the land can not, without the withdrawn council’s written consent—\ninterfere with the asset; or\ntake any step to change the use of the land to which the asset is attached; or\ncarry out material works or make material improvements to the land; or\ngrant rights to anyone else relating to the land that are inconsistent with the asset owner’s rights under LGA 2009 , section 144 .\nMaximum penalty—50 penalty units.\ns 92DT ins 2012 No. 1 s 23\n- (a) interfere with the asset; or\n- (b) take any step to change the use of the land to which the asset is attached; or\n- (c) carry out material works or make material improvements to the land; or\n- (d) grant rights to anyone else relating to the land that are inconsistent with the asset owner’s rights under LGA 2009 , section 144 .","sortOrder":426},{"sectionNumber":"ch.3A-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":427},{"sectionNumber":"ch.3A-pt.7-div.1","sectionType":"division","heading":null,"content":"","sortOrder":428},{"sectionNumber":"sec.92DU","sectionType":"section","heading":null,"content":"### Section sec.92DU\n\ns 92DU ins 2012 No. 1 s 23\nom 2014 No. 16 s 13","sortOrder":429},{"sectionNumber":"sec.92DV","sectionType":"section","heading":null,"content":"### Section sec.92DV\n\ns 92DV ins 2012 No. 1 s 23\nom 2014 No. 16 s 13","sortOrder":430},{"sectionNumber":"ch.3A-pt.7-div.2","sectionType":"division","heading":null,"content":"","sortOrder":431},{"sectionNumber":"sec.92DW","sectionType":"section","heading":null,"content":"### Section sec.92DW\n\ns 92DW ins 2012 No. 1 s 23\nom 2014 No. 16 s 13","sortOrder":432},{"sectionNumber":"sec.92DX","sectionType":"section","heading":null,"content":"### Section sec.92DX\n\ns 92DX ins 2012 No. 1 s 23\nom 2014 No. 16 s 13","sortOrder":433},{"sectionNumber":"ch.3A-pt.7-div.3","sectionType":"division","heading":null,"content":"","sortOrder":434},{"sectionNumber":"sec.92DY","sectionType":"section","heading":null,"content":"### Section sec.92DY\n\ns 92DY ins 2012 No. 1 s 23\nom 2014 No. 16 s 13","sortOrder":435},{"sectionNumber":"sec.92DZ","sectionType":"section","heading":null,"content":"### Section sec.92DZ\n\ns 92DZ ins 2012 No. 1 s 23\nom 2014 No. 16 s 13","sortOrder":436},{"sectionNumber":"sec.92EA","sectionType":"section","heading":null,"content":"### Section sec.92EA\n\ns 92EA ins 2012 No. 1 s 23\nom 2014 No. 16 s 13","sortOrder":437},{"sectionNumber":"sec.92EB","sectionType":"section","heading":null,"content":"### Section sec.92EB\n\ns 92EB ins 2012 No. 1 s 23\nom 2014 No. 16 s 13","sortOrder":438},{"sectionNumber":"ch.3A-pt.8","sectionType":"part","heading":"Workforce provisions—preservation of rights of employees","content":"# Workforce provisions—preservation of rights of employees","sortOrder":439},{"sectionNumber":"sec.92EC","sectionType":"section","heading":null,"content":"### Section sec.92EC\n\ns 92EC ins 2012 No. 1 s 23\nom 2012 No. 13 s 16 (retro)","sortOrder":440},{"sectionNumber":"sec.92ED","sectionType":"section","heading":null,"content":"### Section sec.92ED\n\ns 92ED ins 2012 No. 1 s 23\nom 2012 No. 13 s 16 (retro)","sortOrder":441},{"sectionNumber":"sec.92EE","sectionType":"section","heading":null,"content":"### Section sec.92EE\n\ns 92EE ins 2012 No. 1 s 23\nom 2012 No. 13 s 16 (retro)","sortOrder":442},{"sectionNumber":"sec.92EF","sectionType":"section","heading":null,"content":"### Section sec.92EF\n\ns 92EF ins 2012 No. 1 s 23\nom 2012 No. 13 s 16 (retro)","sortOrder":443},{"sectionNumber":"sec.92EG","sectionType":"section","heading":null,"content":"### Section sec.92EG\n\ns 92EG ins 2012 No. 1 s 23\nom 2012 No. 13 s 16 (retro)","sortOrder":444},{"sectionNumber":"sec.92EH","sectionType":"section","heading":null,"content":"### Section sec.92EH\n\ns 92EH ins 2012 No. 1 s 23\nom 2012 No. 13 s 16 (retro)","sortOrder":445},{"sectionNumber":"sec.92EI","sectionType":"section","heading":"Application of pt 8","content":"### sec.92EI Application of pt 8\n\nThis part applies to the transfer of an employee of Allconnex to a withdrawn council under a retransfer document.\ns 92EI ins 2012 No. 1 s 23\namd 2012 No. 13 s 17 (retro)","sortOrder":446},{"sectionNumber":"sec.92EJ","sectionType":"section","heading":"Transfer has effect despite other laws and instruments","content":"### sec.92EJ Transfer has effect despite other laws and instruments\n\nThe transfer has effect despite any other law, contract or other instrument.\ns 92EJ ins 2012 No. 1 s 23","sortOrder":447},{"sectionNumber":"sec.92EK","sectionType":"section","heading":"Continuity of employment","content":"### sec.92EK Continuity of employment\n\nThe transfer does not—\ninterrupt continuity of service; or\nconstitute a termination of employment by Allconnex or a retrenchment or redundancy; or\nentitle the employee to a payment or other benefit because the employee is no longer employed by Allconnex; or\nof itself, require Allconnex to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave that did not otherwise have to be paid.\nTo remove any doubt, it is declared that—\nsubsection (1) (a) does not mean the employee may claim the benefit of a right or entitlement more than once for the same period of service; and\nsubsection (1) (d) applies irrespective of any arrangement between Allconnex and the employee.\ns 92EK ins 2012 No. 1 s 23\n(sec.92EK-ssec.1) The transfer does not— interrupt continuity of service; or constitute a termination of employment by Allconnex or a retrenchment or redundancy; or entitle the employee to a payment or other benefit because the employee is no longer employed by Allconnex; or of itself, require Allconnex to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave that did not otherwise have to be paid.\n(sec.92EK-ssec.2) To remove any doubt, it is declared that— subsection (1) (a) does not mean the employee may claim the benefit of a right or entitlement more than once for the same period of service; and subsection (1) (d) applies irrespective of any arrangement between Allconnex and the employee.\n- (a) interrupt continuity of service; or\n- (b) constitute a termination of employment by Allconnex or a retrenchment or redundancy; or\n- (c) entitle the employee to a payment or other benefit because the employee is no longer employed by Allconnex; or\n- (d) of itself, require Allconnex to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave that did not otherwise have to be paid.\n- (a) subsection (1) (a) does not mean the employee may claim the benefit of a right or entitlement more than once for the same period of service; and\n- (b) subsection (1) (d) applies irrespective of any arrangement between Allconnex and the employee.","sortOrder":448},{"sectionNumber":"sec.92EL","sectionType":"section","heading":null,"content":"### Section sec.92EL\n\ns 92EL ins 2012 No. 1 s 23\nom 2012 No. 13 s 19 (retro)","sortOrder":449},{"sectionNumber":"sec.92EM","sectionType":"section","heading":null,"content":"### Section sec.92EM\n\ns 92EM ins 2012 No. 1 s 23\nom 2012 No. 13 s 19 (retro)","sortOrder":450},{"sectionNumber":"sec.92EN","sectionType":"section","heading":null,"content":"### Section sec.92EN\n\ns 92EN ins 2012 No. 1 s 23\nom 2012 No. 13 s 19 (retro)","sortOrder":451},{"sectionNumber":"sec.92EO","sectionType":"section","heading":null,"content":"### Section sec.92EO\n\ns 92EO ins 2012 No. 1 s 23\nom 2012 No. 13 s 19 (retro)","sortOrder":452},{"sectionNumber":"sec.92EP","sectionType":"section","heading":null,"content":"### Section sec.92EP\n\ns 92EP ins 2012 No. 1 s 23\nom 2012 No. 13 s 19 (retro)","sortOrder":453},{"sectionNumber":"ch.3A-pt.9","sectionType":"part","heading":"Dissolution of Allconnex","content":"# Dissolution of Allconnex","sortOrder":454},{"sectionNumber":"sec.92EQ","sectionType":"section","heading":"Fixing dissolution day","content":"### sec.92EQ Fixing dissolution day\n\nThis section applies when the Minister is of the opinion that on a particular day—\nthe retransfer has been, or will be, completed; and\nAllconnex’s existence is or will no longer be needed for any purpose.\nThe Minister may, by gazette notice, fix a day for Allconnex’s dissolution ( Allconnex’s dissolution day ).\ns 92EQ ins 2012 No. 1 s 23\n(sec.92EQ-ssec.1) This section applies when the Minister is of the opinion that on a particular day— the retransfer has been, or will be, completed; and Allconnex’s existence is or will no longer be needed for any purpose.\n(sec.92EQ-ssec.2) The Minister may, by gazette notice, fix a day for Allconnex’s dissolution ( Allconnex’s dissolution day ).\n- (a) the retransfer has been, or will be, completed; and\n- (b) Allconnex’s existence is or will no longer be needed for any purpose.","sortOrder":455},{"sectionNumber":"sec.92ER","sectionType":"section","heading":"Dissolution","content":"### sec.92ER Dissolution\n\nOn Allconnex’s dissolution day—\nAllconnex ceases to exist; and\nall of Allconnex’s board members go out of office and any contract relating to their appointment ends; and\nAllconnex’s chief executive officer goes out of office as its chief executive.\ns 92ER ins 2012 No. 1 s 23\n- (a) Allconnex ceases to exist; and\n- (b) all of Allconnex’s board members go out of office and any contract relating to their appointment ends; and\n- (c) Allconnex’s chief executive officer goes out of office as its chief executive.","sortOrder":456},{"sectionNumber":"sec.92ES","sectionType":"section","heading":"Other provisions for dissolution","content":"### sec.92ES Other provisions for dissolution\n\nNo amount, whether by way of compensation, reimbursement or otherwise, is payable by—\nthe State for or in connection with the enactment or operation of this part; or\nthe Minister for fixing Allconnex’s dissolution day.\nTo remove any doubt, it is declared that this part does not limit or otherwise affect a following right that had accrued or was accruing immediately before Allconnex’s dissolution day—\na right of a former member of Allconnex to a benefit or entitlement under a contract concerning that membership;\na right of the former chief executive officer of Allconnex to a benefit or entitlement under a contract concerning that employment.\nOn Allconnex’s dissolution day, the benefit or entitlement ceases to accrue and becomes payable as if—\nthe contract had, according to its terms, been terminated on that day; and\nthe termination had been other than by Allconnex.\nSubject to any retransfer document, the withdrawn councils are Allconnex’s proportional joint successor for the liability for the benefit or entitlement.\ns 92ES ins 2012 No. 1 s 23\n(sec.92ES-ssec.1) No amount, whether by way of compensation, reimbursement or otherwise, is payable by— the State for or in connection with the enactment or operation of this part; or the Minister for fixing Allconnex’s dissolution day.\n(sec.92ES-ssec.2) To remove any doubt, it is declared that this part does not limit or otherwise affect a following right that had accrued or was accruing immediately before Allconnex’s dissolution day— a right of a former member of Allconnex to a benefit or entitlement under a contract concerning that membership; a right of the former chief executive officer of Allconnex to a benefit or entitlement under a contract concerning that employment.\n(sec.92ES-ssec.3) On Allconnex’s dissolution day, the benefit or entitlement ceases to accrue and becomes payable as if— the contract had, according to its terms, been terminated on that day; and the termination had been other than by Allconnex.\n(sec.92ES-ssec.4) Subject to any retransfer document, the withdrawn councils are Allconnex’s proportional joint successor for the liability for the benefit or entitlement.\n- (a) the State for or in connection with the enactment or operation of this part; or\n- (b) the Minister for fixing Allconnex’s dissolution day.\n- (a) a right of a former member of Allconnex to a benefit or entitlement under a contract concerning that membership;\n- (b) a right of the former chief executive officer of Allconnex to a benefit or entitlement under a contract concerning that employment.\n- (a) the contract had, according to its terms, been terminated on that day; and\n- (b) the termination had been other than by Allconnex.","sortOrder":457},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"General provisions about code","content":"# General provisions about code","sortOrder":458},{"sectionNumber":"sec.93","sectionType":"section","heading":"Minister’s power to make code","content":"### sec.93 Minister’s power to make code\n\nSubject to part 2 , the Minister may make a code (a customer water and wastewater code ) to provide for rights and obligations of SEQ service providers and their customers.\nThe code is not subordinate legislation.\ns 93 amd 2010 No. 20 s 18 ; 2010 No. 53 s 150 ; 2012 No. 1 s 24\n(sec.93-ssec.1) Subject to part 2 , the Minister may make a code (a customer water and wastewater code ) to provide for rights and obligations of SEQ service providers and their customers.\n(sec.93-ssec.2) The code is not subordinate legislation.","sortOrder":459},{"sectionNumber":"sec.94","sectionType":"section","heading":"Particular matters code may provide for","content":"### sec.94 Particular matters code may provide for\n\nThe code may provide for all or any of the following—\nrights and obligations of SEQ service providers and their customers relating to the availability of water services and wastewater services;\nminimum and guaranteed service standards for water services and wastewater services;\ncompensation for failure to comply with the service standards and—\nthe amount of the compensation or how it is to be worked out; and\nhow the compensation may be recovered;\nthe terms of supply contracts for the services;\nthe marketing conduct of SEQ service providers relating to customers;\nmeters and metering;\ndispute resolution processes for customers;\nan entity to administer the code.\nDisputes arising between particular customers and an SEQ service provider about a function or obligation of the provider under the code may, under the EWO Act , section 18A , be referred to the energy and water ombudsman.\nThe code may be limited in its application to particular types of customers and particular types of water services and wastewater services.\nSubsection (2) does not limit the Statutory Instruments Act 1992 , section 24 or 25 .\nThe code may impose additional requirements to those mentioned in part 4 .\ns 94 amd 2010 No. 20 s 19 ; 2010 No. 53 s 151 ; 2012 No. 1 s 25\n(sec.94-ssec.1) The code may provide for all or any of the following— rights and obligations of SEQ service providers and their customers relating to the availability of water services and wastewater services; minimum and guaranteed service standards for water services and wastewater services; compensation for failure to comply with the service standards and— the amount of the compensation or how it is to be worked out; and how the compensation may be recovered; the terms of supply contracts for the services; the marketing conduct of SEQ service providers relating to customers; meters and metering; dispute resolution processes for customers; an entity to administer the code. Disputes arising between particular customers and an SEQ service provider about a function or obligation of the provider under the code may, under the EWO Act , section 18A , be referred to the energy and water ombudsman.\n(sec.94-ssec.2) The code may be limited in its application to particular types of customers and particular types of water services and wastewater services.\n(sec.94-ssec.3) Subsection (2) does not limit the Statutory Instruments Act 1992 , section 24 or 25 .\n(sec.94-ssec.4) The code may impose additional requirements to those mentioned in part 4 .\n- (a) rights and obligations of SEQ service providers and their customers relating to the availability of water services and wastewater services;\n- (b) minimum and guaranteed service standards for water services and wastewater services;\n- (c) compensation for failure to comply with the service standards and— (i) the amount of the compensation or how it is to be worked out; and (ii) how the compensation may be recovered;\n- (i) the amount of the compensation or how it is to be worked out; and\n- (ii) how the compensation may be recovered;\n- (d) the terms of supply contracts for the services;\n- (e) the marketing conduct of SEQ service providers relating to customers;\n- (f) meters and metering;\n- (g) dispute resolution processes for customers;\n- (h) an entity to administer the code.\n- (i) the amount of the compensation or how it is to be worked out; and\n- (ii) how the compensation may be recovered;","sortOrder":460},{"sectionNumber":"sec.94A","sectionType":"section","heading":null,"content":"### Section sec.94A\n\ns 94A ins 2010 No. 20 s 20\nom 2010 No. 53 s 152","sortOrder":461},{"sectionNumber":"sec.94AA","sectionType":"section","heading":"Gazettal and taking of effect of code","content":"### sec.94AA Gazettal and taking of effect of code\n\nThe Minister must, as soon as practicable after making the code, publish a gazette notice stating the Minister has made the code and where it may be inspected.\nThe code takes effect on the later of the following days—\na day of effect stated in the gazette notice;\nif no day of effect is stated in the notice—the day the notice is gazetted.\ns 94AA ins 2010 No. 53 s 152\n(sec.94AA-ssec.1) The Minister must, as soon as practicable after making the code, publish a gazette notice stating the Minister has made the code and where it may be inspected.\n(sec.94AA-ssec.2) The code takes effect on the later of the following days— a day of effect stated in the gazette notice; if no day of effect is stated in the notice—the day the notice is gazetted.\n- (a) a day of effect stated in the gazette notice;\n- (b) if no day of effect is stated in the notice—the day the notice is gazetted.","sortOrder":462},{"sectionNumber":"sec.94AB","sectionType":"section","heading":"Tabling of code","content":"### sec.94AB Tabling of code\n\nWithin 21 sitting days after the code takes effect, the Minister must table a copy in the Legislative Assembly.\nThe copy is tabled for information only.\nA failure to table the copy does not affect the code’s ongoing effect.\ns 94AB ins 2010 No. 53 s 152\n(sec.94AB-ssec.1) Within 21 sitting days after the code takes effect, the Minister must table a copy in the Legislative Assembly.\n(sec.94AB-ssec.2) The copy is tabled for information only.\n(sec.94AB-ssec.3) A failure to table the copy does not affect the code’s ongoing effect.","sortOrder":463},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Process for making or amending code","content":"# Process for making or amending code","sortOrder":464},{"sectionNumber":"sec.95","sectionType":"section","heading":"Public notice about availability of draft code","content":"### sec.95 Public notice about availability of draft code\n\nIf the Minister proposes to make the code, the Minister must—\nprepare a draft of the proposed code; and\npublish a notice about the draft, and a copy of the draft, on a Queensland Government website; and\ngive each distributor-retailer and each local government in the SEQ region a copy of the notice.\nThe notice must state—\nwhere copies of the draft may be inspected and on payment of a fee, purchased; and\nthat written submissions may be made by anyone about the draft; and\na day (the final submission day ) by which submissions must be made, and the person to whom, and the place where, the submissions must be made.\nThe final submission day must not be earlier than—\nfor the first draft code prepared—14 days after the day the notice is published; and\nfor each subsequent draft code prepared—28 days after the day the notice is published.\nIf a distributor-retailer is given a copy of the notice under subsection (1) (c) , the distributor-retailer must publish a copy of the notice on the distributor-retailer’s website.\nA document published on a website under subsection (1) (b) or (4) must not be removed from the website before the end of the final submission day.\ns 95 amd 2010 No. 53 s 153 ; 2023 No. 24 s 6\n(sec.95-ssec.1) If the Minister proposes to make the code, the Minister must— prepare a draft of the proposed code; and publish a notice about the draft, and a copy of the draft, on a Queensland Government website; and give each distributor-retailer and each local government in the SEQ region a copy of the notice.\n(sec.95-ssec.2) The notice must state— where copies of the draft may be inspected and on payment of a fee, purchased; and that written submissions may be made by anyone about the draft; and a day (the final submission day ) by which submissions must be made, and the person to whom, and the place where, the submissions must be made.\n(sec.95-ssec.3) The final submission day must not be earlier than— for the first draft code prepared—14 days after the day the notice is published; and for each subsequent draft code prepared—28 days after the day the notice is published.\n(sec.95-ssec.4) If a distributor-retailer is given a copy of the notice under subsection (1) (c) , the distributor-retailer must publish a copy of the notice on the distributor-retailer’s website.\n(sec.95-ssec.5) A document published on a website under subsection (1) (b) or (4) must not be removed from the website before the end of the final submission day.\n- (a) prepare a draft of the proposed code; and\n- (b) publish a notice about the draft, and a copy of the draft, on a Queensland Government website; and\n- (c) give each distributor-retailer and each local government in the SEQ region a copy of the notice.\n- (a) where copies of the draft may be inspected and on payment of a fee, purchased; and\n- (b) that written submissions may be made by anyone about the draft; and\n- (c) a day (the final submission day ) by which submissions must be made, and the person to whom, and the place where, the submissions must be made.\n- (a) for the first draft code prepared—14 days after the day the notice is published; and\n- (b) for each subsequent draft code prepared—28 days after the day the notice is published.","sortOrder":465},{"sectionNumber":"sec.96","sectionType":"section","heading":"Preparing and approving final code","content":"### sec.96 Preparing and approving final code\n\nIn preparing the final code to be made, the Minister must consider all submissions about the draft code made under section 95 before the final submission day stated in the notice published under that section.","sortOrder":466},{"sectionNumber":"sec.97","sectionType":"section","heading":"Amendment of code","content":"### sec.97 Amendment of code\n\nThe Minister may amend the code.\nSections 95 and 96 apply to the amendment as if a reference in the sections to the code were a reference to the amending code.\nHowever, the sections do not apply if—\nthe amending code is only to—\ncorrect a minor error in the code; or\nmake another change that is not a change of substance; or\nthe code states that an amendment of a stated type may be made to the code without complying with the sections and the amendment is of the stated type.\n(sec.97-ssec.1) The Minister may amend the code.\n(sec.97-ssec.2) Sections 95 and 96 apply to the amendment as if a reference in the sections to the code were a reference to the amending code.\n(sec.97-ssec.3) However, the sections do not apply if— the amending code is only to— correct a minor error in the code; or make another change that is not a change of substance; or the code states that an amendment of a stated type may be made to the code without complying with the sections and the amendment is of the stated type.\n- (a) the amending code is only to— (i) correct a minor error in the code; or (ii) make another change that is not a change of substance; or\n- (i) correct a minor error in the code; or\n- (ii) make another change that is not a change of substance; or\n- (b) the code states that an amendment of a stated type may be made to the code without complying with the sections and the amendment is of the stated type.\n- (i) correct a minor error in the code; or\n- (ii) make another change that is not a change of substance; or","sortOrder":467},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2010 No. 53 s 154","sortOrder":468},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Review of code","content":"# Review of code","sortOrder":469},{"sectionNumber":"sec.99","sectionType":"section","heading":"Review","content":"### sec.99 Review\n\nThe Minister must within 3 years after the code commences start a review of the code.\nThe review may be carried out in the way the Minister considers appropriate.\nHowever, the process for the review must involve public submissions.\nThe review must start by the Minister publishing a notice on a Queensland Government website—\nexplaining the process that the Minister has decided for the review; and\nstating requirements for making submissions for the review.\ns 99 amd 2023 No. 24 s 7\n(sec.99-ssec.1) The Minister must within 3 years after the code commences start a review of the code.\n(sec.99-ssec.2) The review may be carried out in the way the Minister considers appropriate.\n(sec.99-ssec.3) However, the process for the review must involve public submissions.\n(sec.99-ssec.4) The review must start by the Minister publishing a notice on a Queensland Government website— explaining the process that the Minister has decided for the review; and stating requirements for making submissions for the review.\n- (a) explaining the process that the Minister has decided for the review; and\n- (b) stating requirements for making submissions for the review.","sortOrder":470},{"sectionNumber":"ch.4-pt.3A","sectionType":"part","heading":null,"content":"","sortOrder":471},{"sectionNumber":"sec.99A","sectionType":"section","heading":null,"content":"### Section sec.99A\n\ns 99A ins 2010 No. 53 s 155\nom 2012 No. 39 s 10","sortOrder":472},{"sectionNumber":"sec.99AAA","sectionType":"section","heading":null,"content":"### Section sec.99AAA\n\ns 99AAA amd 2012 No. 1 s 26\nom 2012 No. 39 s 10","sortOrder":473},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Other customer service provisions","content":"# Other customer service provisions","sortOrder":474},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":"General provisions about standards of customer service","content":"## General provisions about standards of customer service","sortOrder":475},{"sectionNumber":"sec.99AA","sectionType":"section","heading":null,"content":"### Section sec.99AA\n\ns 99AA ins 2010 No. 20 s 21\nom 2010 No. 53 s 157","sortOrder":476},{"sectionNumber":"sec.99AB","sectionType":"section","heading":"Obligation to comply with part","content":"### sec.99AB Obligation to comply with part\n\nAn SEQ service provider must not, without reasonable excuse, contravene a provision of this part.\nMaximum penalty—1,665 penalty units.\nA proceeding relating to an offence under subsection (1) may be prosecuted even though the code, or an order under the EWO Act , provides for the payment of compensation relating to matters relevant to the offence.\ns 99AB prev s 99AB ins 2010 No. 20 s 21\nom 2010 No. 53 s 157\npres s 99AB (prev s 99AF) amd 2010 No. 53 s 160 (1)\nrenum and reloc 2010 No. 53 s 160 (2)\namd 2012 No. 1 s 27\n(sec.99AB-ssec.1) An SEQ service provider must not, without reasonable excuse, contravene a provision of this part. Maximum penalty—1,665 penalty units.\n(sec.99AB-ssec.2) A proceeding relating to an offence under subsection (1) may be prosecuted even though the code, or an order under the EWO Act , provides for the payment of compensation relating to matters relevant to the offence.","sortOrder":477},{"sectionNumber":"sec.99AC","sectionType":"section","heading":"Application of complaints standard","content":"### sec.99AC Application of complaints standard\n\nThe complaints standard applies to an SEQ service provider for the handling of complaints by its customers.\nIn this section—\ncomplaints standard means AS ISO 10002—2006 Customer satisfaction—Guidelines for complaints handling in organizations (ISO 10002:2004, MOD).\ns 99AC ins 2010 No. 20 s 21\namd 2012 No. 1 s 28\n(sec.99AC-ssec.1) The complaints standard applies to an SEQ service provider for the handling of complaints by its customers.\n(sec.99AC-ssec.2) In this section— complaints standard means AS ISO 10002—2006 Customer satisfaction—Guidelines for complaints handling in organizations (ISO 10002:2004, MOD).","sortOrder":478},{"sectionNumber":"sec.99AD","sectionType":"section","heading":"Customer service charter","content":"### sec.99AD Customer service charter\n\nEach SEQ service provider must make a customer service charter that—\nsummarises its customers’ rights and obligations under the customer water and wastewater code and this part; and\nstates the SEQ service provider’s policies about—\ncustomer hardship because of inability to pay accounts; and\nthe payment of accounts by instalments.\nThe customer service charter must be written in plain English.\ns 99AD ins 2010 No. 20 s 21\namd 2010 No. 53 s 158 ; 2012 No. 1 s 29\n(sec.99AD-ssec.1) Each SEQ service provider must make a customer service charter that— summarises its customers’ rights and obligations under the customer water and wastewater code and this part; and states the SEQ service provider’s policies about— customer hardship because of inability to pay accounts; and the payment of accounts by instalments.\n(sec.99AD-ssec.2) The customer service charter must be written in plain English.\n- (a) summarises its customers’ rights and obligations under the customer water and wastewater code and this part; and\n- (b) states the SEQ service provider’s policies about— (i) customer hardship because of inability to pay accounts; and (ii) the payment of accounts by instalments.\n- (i) customer hardship because of inability to pay accounts; and\n- (ii) the payment of accounts by instalments.\n- (i) customer hardship because of inability to pay accounts; and\n- (ii) the payment of accounts by instalments.","sortOrder":479},{"sectionNumber":"sec.99AE","sectionType":"section","heading":"Updating charter","content":"### sec.99AE Updating charter\n\nAn SEQ service provider must update its customer service charter as soon as practicable to take account of the provisions of the customer water and wastewater code or this part.\ns 99AE ins 2010 No. 20 s 21\nsub 2010 No. 53 s 159 ; 2012 No. 1 s 30","sortOrder":480},{"sectionNumber":"sec.99AEA","sectionType":"section","heading":"Access to charter","content":"### sec.99AEA Access to charter\n\nAn SEQ service provider must give a copy of its customer service charter, free of charge, to anyone who asks and has not already been given a copy.\nWhen a withdrawn council first makes its customer service charter, it must, with or in its first account to each customer after the charter is made, tell the customer—\nthat the charter has been made; and\nof the customer’s right under subsection (1) to obtain a copy.\ns 99AEA ins 2012 No. 1 s 30\n(sec.99AEA-ssec.1) An SEQ service provider must give a copy of its customer service charter, free of charge, to anyone who asks and has not already been given a copy.\n(sec.99AEA-ssec.2) When a withdrawn council first makes its customer service charter, it must, with or in its first account to each customer after the charter is made, tell the customer— that the charter has been made; and of the customer’s right under subsection (1) to obtain a copy.\n- (a) that the charter has been made; and\n- (b) of the customer’s right under subsection (1) to obtain a copy.","sortOrder":481},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":"Meters","content":"## Meters","sortOrder":482},{"sectionNumber":"sec.99AFA","sectionType":"section","heading":"SEQ service provider may accept meter reading by customer","content":"### sec.99AFA SEQ service provider may accept meter reading by customer\n\nIf asked by a customer to do so in a particular case, an SEQ service provider may accept the reading supplied by the customer of the meter recording the customer’s water consumption as the water consumption of the customer for a particular period.\ns 99AFA ins 2010 No. 53 s 161\namd 2012 No. 1 s 31","sortOrder":483},{"sectionNumber":"sec.99AG","sectionType":"section","heading":"Meters must be read annually","content":"### sec.99AG Meters must be read annually\n\nEach SEQ service provider must take reasonable steps to ensure each meter recording each of its customers’ water consumption is read at least once each year.\nFor the power of an SEQ service provider to install and read meters, see the Water Supply Act , sections 35 and 37 .\ns 99AG ins 2010 No. 20 s 21\namd 2012 No. 1 s 32","sortOrder":484},{"sectionNumber":"sec.99AH","sectionType":"section","heading":"Methods and basis of charging","content":"### sec.99AH Methods and basis of charging\n\nAn SEQ service provider may use methods of charging for water supplied or sold by it to its customers the provider considers appropriate, including, for example—\ngiving an account based on meter readings; or\nif the water supplied or sold is not measured by a water meter—\nthe estimated average water usage of the customers within a group of customers who have similar water usage; or\nanother method that is appropriate to decide a customer’s likely water usage.\nHowever, an SEQ service provider must not give an estimated account to a customer for 2 or more consecutive periods.\nIt may be a reasonable excuse for an offence under section 99AB for a contravention of subsection (2) that reasonable access was not available to the meter at the customer’s premises.\ns 99AH ins 2010 No. 20 s 21\namd 2010 No. 53 s 162\nsub 2012 No. 1 s 33\n(sec.99AH-ssec.1) An SEQ service provider may use methods of charging for water supplied or sold by it to its customers the provider considers appropriate, including, for example— giving an account based on meter readings; or if the water supplied or sold is not measured by a water meter— the estimated average water usage of the customers within a group of customers who have similar water usage; or another method that is appropriate to decide a customer’s likely water usage.\n(sec.99AH-ssec.2) However, an SEQ service provider must not give an estimated account to a customer for 2 or more consecutive periods. It may be a reasonable excuse for an offence under section 99AB for a contravention of subsection (2) that reasonable access was not available to the meter at the customer’s premises.\n- (a) giving an account based on meter readings; or\n- (b) if the water supplied or sold is not measured by a water meter— (i) the estimated average water usage of the customers within a group of customers who have similar water usage; or (ii) another method that is appropriate to decide a customer’s likely water usage.\n- (i) the estimated average water usage of the customers within a group of customers who have similar water usage; or\n- (ii) another method that is appropriate to decide a customer’s likely water usage.\n- (i) the estimated average water usage of the customers within a group of customers who have similar water usage; or\n- (ii) another method that is appropriate to decide a customer’s likely water usage.","sortOrder":485},{"sectionNumber":"sec.99AI","sectionType":"section","heading":"Special meter readings","content":"### sec.99AI Special meter readings\n\nA customer of an SEQ service provider may ask it for a reading of the meter for the customer’s premises to work out the amount of water consumed at the premises since the last meter reading for the premises.\nThe SEQ service provider may require a fee for the reading.\nThe fee must be no more than the actual cost of the reading.\nSubject to any payment required under subsection (2) , the SEQ service provider must cause the reading to be carried out.\ns 99AI ins 2010 No. 20 s 21\namd 2012 No. 1 s 34\n(sec.99AI-ssec.1) A customer of an SEQ service provider may ask it for a reading of the meter for the customer’s premises to work out the amount of water consumed at the premises since the last meter reading for the premises.\n(sec.99AI-ssec.2) The SEQ service provider may require a fee for the reading.\n(sec.99AI-ssec.3) The fee must be no more than the actual cost of the reading.\n(sec.99AI-ssec.4) Subject to any payment required under subsection (2) , the SEQ service provider must cause the reading to be carried out.","sortOrder":486},{"sectionNumber":"sec.99AJ","sectionType":"section","heading":"Meter accuracy test at customer’s request","content":"### sec.99AJ Meter accuracy test at customer’s request\n\nA customer of an SEQ service provider may ask the provider to test the accuracy of the provider’s meter installed on the customer’s premises—\nby a test carried out for the SEQ service provider (a provider test ); or\nby referring the meter for testing to an independent person (the independent tester ) accredited by the National Association of Testing Authorities (an independent test ).\nThe SEQ service provider or independent tester may require the customer to pay the following before carrying out the test—\nfor a provider test—a charge owing by the customer to the SEQ service provider for water services or wastewater services;\nthe fee for testing each meter to be tested.\nThe fee must be the reasonable, but no more than the actual, cost of each test.\nSubject to any payment required under subsection (2) , the SEQ service provider or independent tester must cause the test to be carried out.\nThe SEQ service provider or independent tester must tell the customer when and where the test is to be carried out.\nThe customer, or customer’s nominee, may be present during the test.\ns 99AJ ins 2010 No. 20 s 21\nsub 2012 No. 1 s 35\n(sec.99AJ-ssec.1) A customer of an SEQ service provider may ask the provider to test the accuracy of the provider’s meter installed on the customer’s premises— by a test carried out for the SEQ service provider (a provider test ); or by referring the meter for testing to an independent person (the independent tester ) accredited by the National Association of Testing Authorities (an independent test ).\n(sec.99AJ-ssec.2) The SEQ service provider or independent tester may require the customer to pay the following before carrying out the test— for a provider test—a charge owing by the customer to the SEQ service provider for water services or wastewater services; the fee for testing each meter to be tested.\n(sec.99AJ-ssec.3) The fee must be the reasonable, but no more than the actual, cost of each test.\n(sec.99AJ-ssec.4) Subject to any payment required under subsection (2) , the SEQ service provider or independent tester must cause the test to be carried out.\n(sec.99AJ-ssec.5) The SEQ service provider or independent tester must tell the customer when and where the test is to be carried out.\n(sec.99AJ-ssec.6) The customer, or customer’s nominee, may be present during the test.\n- (a) by a test carried out for the SEQ service provider (a provider test ); or\n- (b) by referring the meter for testing to an independent person (the independent tester ) accredited by the National Association of Testing Authorities (an independent test ).\n- (a) for a provider test—a charge owing by the customer to the SEQ service provider for water services or wastewater services;\n- (b) the fee for testing each meter to be tested.","sortOrder":487},{"sectionNumber":"sec.99AK","sectionType":"section","heading":"When meter taken to register accurately","content":"### sec.99AK When meter taken to register accurately\n\nA meter registers incorrectly only if it registers outside the prescribed margin of the correct amount of water supplied, whether greater or less.\nThe prescribed margin is 5%.\ns 99AK ins 2010 No. 20 s 21\n(sec.99AK-ssec.1) A meter registers incorrectly only if it registers outside the prescribed margin of the correct amount of water supplied, whether greater or less.\n(sec.99AK-ssec.2) The prescribed margin is 5%.","sortOrder":488},{"sectionNumber":"sec.99AL","sectionType":"section","heading":"Extent of inaccuracy","content":"### sec.99AL Extent of inaccuracy\n\nIf a properly conducted test shows a meter registers incorrectly, it is taken to be registering incorrectly only to the extent to which the registration falls outside the prescribed margin.\ns 99AL ins 2010 No. 20 s 21","sortOrder":489},{"sectionNumber":"sec.99AM","sectionType":"section","heading":"Notice of test results","content":"### sec.99AM Notice of test results\n\nIf a provider test or independent test is carried out, the person who carried out the test must give the customer who requested the test notice of the test results as soon as practicable.\nIf the test shows the meter is registering incorrectly, the notice must state the extent to which the registration falls outside the prescribed margin.\ns 99AM ins 2010 No. 20 s 21\namd 2012 No. 1 s 36\n(sec.99AM-ssec.1) If a provider test or independent test is carried out, the person who carried out the test must give the customer who requested the test notice of the test results as soon as practicable.\n(sec.99AM-ssec.2) If the test shows the meter is registering incorrectly, the notice must state the extent to which the registration falls outside the prescribed margin.","sortOrder":490},{"sectionNumber":"sec.99AN","sectionType":"section","heading":"Refund and adjustment if inaccuracy","content":"### sec.99AN Refund and adjustment if inaccuracy\n\nIf a provider test or independent test shows the meter tested is registering incorrectly, the relevant SEQ service provider must—\nrefund the customer who requested the test any test fee paid by the customer for the test; and\nadjust the customer’s previous relevant accounts to reflect the actual or a reasonable estimation of the water supplied to the customer.\nHowever, subsection (1) (b) does not apply for accounts issued for more than 1 year.\ns 99AN ins 2010 No. 20 s 21\namd 2012 No. 1 s 37\n(sec.99AN-ssec.1) If a provider test or independent test shows the meter tested is registering incorrectly, the relevant SEQ service provider must— refund the customer who requested the test any test fee paid by the customer for the test; and adjust the customer’s previous relevant accounts to reflect the actual or a reasonable estimation of the water supplied to the customer.\n(sec.99AN-ssec.2) However, subsection (1) (b) does not apply for accounts issued for more than 1 year.\n- (a) refund the customer who requested the test any test fee paid by the customer for the test; and\n- (b) adjust the customer’s previous relevant accounts to reflect the actual or a reasonable estimation of the water supplied to the customer.","sortOrder":491},{"sectionNumber":"sec.99AO","sectionType":"section","heading":"Using testing instruments","content":"### sec.99AO Using testing instruments\n\nAn SEQ service provider or independent tester who uses a testing instrument for a test under this division must ensure it is—\nappropriate for the test; and\naccurate and in proper working order.\nThe SEQ service provider or independent tester must keep a record of each test under subsection (1) (b) for at least 2 years.\ns 99AO ins 2010 No. 20 s 21\namd 2012 No. 1 s 38\n(sec.99AO-ssec.1) An SEQ service provider or independent tester who uses a testing instrument for a test under this division must ensure it is— appropriate for the test; and accurate and in proper working order.\n(sec.99AO-ssec.2) The SEQ service provider or independent tester must keep a record of each test under subsection (1) (b) for at least 2 years.\n- (a) appropriate for the test; and\n- (b) accurate and in proper working order.","sortOrder":492},{"sectionNumber":"ch.4-pt.4-div.3","sectionType":"division","heading":"Security and charges","content":"## Security and charges","sortOrder":493},{"sectionNumber":"sec.99AP","sectionType":"section","heading":"Security may only be requested if subdivision complied with","content":"### sec.99AP Security may only be requested if subdivision complied with\n\nA distributor-retailer may ask a customer for security for the payment of accounts from it to the customer only if this subdivision is complied with to the extent it is relevant to the distributor-retailer.\ns 99AP ins 2010 No. 20 s 21","sortOrder":494},{"sectionNumber":"sec.99AQ","sectionType":"section","heading":"Residential customers","content":"### sec.99AQ Residential customers\n\nA distributor-retailer may ask a residential customer of the distributor-retailer to give security only if it reasonably considers the customer has an unsatisfactory credit history.\nFor subsection (1) a customer is a residential customer only if—\nthe customer is a customer of the distributor-retailer for the water services and wastewater services; and\nthe services are provided to premises at which someone lives (the resident ); and\nno-one other than the resident is a customer of the distributor-retailer for water services and wastewater services provided to the premises.\ns 99AQ ins 2010 No. 20 s 21\n(sec.99AQ-ssec.1) A distributor-retailer may ask a residential customer of the distributor-retailer to give security only if it reasonably considers the customer has an unsatisfactory credit history.\n(sec.99AQ-ssec.2) For subsection (1) a customer is a residential customer only if— the customer is a customer of the distributor-retailer for the water services and wastewater services; and the services are provided to premises at which someone lives (the resident ); and no-one other than the resident is a customer of the distributor-retailer for water services and wastewater services provided to the premises.\n- (a) the customer is a customer of the distributor-retailer for the water services and wastewater services; and\n- (b) the services are provided to premises at which someone lives (the resident ); and\n- (c) no-one other than the resident is a customer of the distributor-retailer for water services and wastewater services provided to the premises.","sortOrder":495},{"sectionNumber":"sec.99AR","sectionType":"section","heading":"Non-residential customers","content":"### sec.99AR Non-residential customers\n\nA distributor-retailer may ask a non-residential customer of the distributor-retailer to give security only if the distributor-retailer reasonably considers the customer does not have—\na satisfactory credit rating; or\na satisfactory water services payment history.\nFor subsection (1) a customer is a non-residential customer only if—\nthe customer is a customer of the distributor-retailer for the water services and wastewater services; and\nthe customer is not a residential customer of the distributor-retailer for the water services and wastewater services; and\nno-one else is a customer of the distributor-retailer for water services and wastewater services provided to the premises.\nFor section (1)(b), a non-residential customer’s water services payment history is taken to be unsatisfactory if the distributor-retailer has evidence that the customer has not paid an account for water services within the past year.\nSubsection (3) applies no matter who the account was from.\ns 99AR ins 2010 No. 20 s 21\namd 2010 No. 53 s 163\n(sec.99AR-ssec.1) A distributor-retailer may ask a non-residential customer of the distributor-retailer to give security only if the distributor-retailer reasonably considers the customer does not have— a satisfactory credit rating; or a satisfactory water services payment history.\n(sec.99AR-ssec.2) For subsection (1) a customer is a non-residential customer only if— the customer is a customer of the distributor-retailer for the water services and wastewater services; and the customer is not a residential customer of the distributor-retailer for the water services and wastewater services; and no-one else is a customer of the distributor-retailer for water services and wastewater services provided to the premises.\n(sec.99AR-ssec.3) For section (1)(b), a non-residential customer’s water services payment history is taken to be unsatisfactory if the distributor-retailer has evidence that the customer has not paid an account for water services within the past year.\n(sec.99AR-ssec.4) Subsection (3) applies no matter who the account was from.\n- (a) a satisfactory credit rating; or\n- (b) a satisfactory water services payment history.\n- (a) the customer is a customer of the distributor-retailer for the water services and wastewater services; and\n- (b) the customer is not a residential customer of the distributor-retailer for the water services and wastewater services; and\n- (c) no-one else is a customer of the distributor-retailer for water services and wastewater services provided to the premises.","sortOrder":496},{"sectionNumber":"sec.99AS","sectionType":"section","heading":"Maximum security that may be requested","content":"### sec.99AS Maximum security that may be requested\n\nThe distributor-retailer can not ask for security that is more than—\nif the customer is billed monthly—2.5 times the customer’s actual or estimated quarterly bills used to work out the security; or\notherwise—1.5 times the customer’s actual or estimated quarterly bills used to work out the security.\ns 99AS ins 2010 No. 20 s 21\n- (a) if the customer is billed monthly—2.5 times the customer’s actual or estimated quarterly bills used to work out the security; or\n- (b) otherwise—1.5 times the customer’s actual or estimated quarterly bills used to work out the security.","sortOrder":497},{"sectionNumber":"sec.99ASA","sectionType":"section","heading":"Annual notice of security","content":"### sec.99ASA Annual notice of security\n\nThis section applies if a customer has given security to a distributor-retailer.\nThe distributor-retailer must give the customer an annual statement containing the following details—\nthe amount of security held;\nthe difference between the security given by the customer and the amount mentioned in paragraph (a) ;\nany other matter—\nprescribed under a regulation; or\nrequired under the customer water and wastewater code.\ns 99ASA ins 2010 No. 53 s 164\n(sec.99ASA-ssec.1) This section applies if a customer has given security to a distributor-retailer.\n(sec.99ASA-ssec.2) The distributor-retailer must give the customer an annual statement containing the following details— the amount of security held; the difference between the security given by the customer and the amount mentioned in paragraph (a) ; any other matter— prescribed under a regulation; or required under the customer water and wastewater code.\n- (a) the amount of security held;\n- (b) the difference between the security given by the customer and the amount mentioned in paragraph (a) ;\n- (c) any other matter— (i) prescribed under a regulation; or (ii) required under the customer water and wastewater code.\n- (i) prescribed under a regulation; or\n- (ii) required under the customer water and wastewater code.\n- (i) prescribed under a regulation; or\n- (ii) required under the customer water and wastewater code.","sortOrder":498},{"sectionNumber":"sec.99AT","sectionType":"section","heading":"Restricting water supply","content":"### sec.99AT Restricting water supply\n\nThis section applies if all of the following apply—\npremises are connected to an SEQ service provider’s water service;\na residential customer or non-residential customer of the provider fails to do any of the following (the contravention )—\npay a charge for the service;\ncomply with a service provider water restriction under the Water Supply Act , section 41 ;\nif the provider is a distributor-retailer—give security requested under subdivision 1 for the service;\nthe provider has given the customer at least 1 month’s notice to fix the contravention;\nthe customer continues not to fix the contravention.\nThe provider may reduce the water supply to the premises to the minimum level necessary for the customer’s health and sanitation purposes.\nHowever, the provider must not completely shut off the water supply to the premises.\nIn this section—\nfix , the contravention, means—\nfor a failure to pay a charge—pay the charge; or\nfor a noncompliance with a restriction—not continue to contravene it; or\nfor security requested—give it.\ns 99AT ins 2010 No. 29 s 21\namd 2010 No. 53 s 165\nsub 2012 No. 1 s 39\namd 2012 No. 39 s 11\n(sec.99AT-ssec.1) This section applies if all of the following apply— premises are connected to an SEQ service provider’s water service; a residential customer or non-residential customer of the provider fails to do any of the following (the contravention )— pay a charge for the service; comply with a service provider water restriction under the Water Supply Act , section 41 ; if the provider is a distributor-retailer—give security requested under subdivision 1 for the service; the provider has given the customer at least 1 month’s notice to fix the contravention; the customer continues not to fix the contravention.\n(sec.99AT-ssec.2) The provider may reduce the water supply to the premises to the minimum level necessary for the customer’s health and sanitation purposes.\n(sec.99AT-ssec.3) However, the provider must not completely shut off the water supply to the premises.\n(sec.99AT-ssec.4) In this section— fix , the contravention, means— for a failure to pay a charge—pay the charge; or for a noncompliance with a restriction—not continue to contravene it; or for security requested—give it.\n- (a) premises are connected to an SEQ service provider’s water service;\n- (b) a residential customer or non-residential customer of the provider fails to do any of the following (the contravention )— (i) pay a charge for the service; (ii) comply with a service provider water restriction under the Water Supply Act , section 41 ; (iii) if the provider is a distributor-retailer—give security requested under subdivision 1 for the service;\n- (i) pay a charge for the service;\n- (ii) comply with a service provider water restriction under the Water Supply Act , section 41 ;\n- (iii) if the provider is a distributor-retailer—give security requested under subdivision 1 for the service;\n- (c) the provider has given the customer at least 1 month’s notice to fix the contravention;\n- (d) the customer continues not to fix the contravention.\n- (i) pay a charge for the service;\n- (ii) comply with a service provider water restriction under the Water Supply Act , section 41 ;\n- (iii) if the provider is a distributor-retailer—give security requested under subdivision 1 for the service;\n- (a) for a failure to pay a charge—pay the charge; or\n- (b) for a noncompliance with a restriction—not continue to contravene it; or\n- (c) for security requested—give it.","sortOrder":499},{"sectionNumber":"sec.99ATA","sectionType":"section","heading":"Publication etc. of charges","content":"### sec.99ATA Publication etc. of charges\n\nAn SEQ service provider must publish and maintain on its website details of its charges under section 99BO (1) (g) relating to its water services and wastewater services for the current financial year.\nThe details of the charges must be published under subsection (1) by 30 June of the financial year preceding the financial year to which the charges relate.\nAn SEQ service provider must give a person a document showing the SEQ service provider’s charges relating to its water services and wastewater services for a particular financial year, free of charge, if the person asks for, and has not previously been given, a document showing the charges.\ns 99ATA ins 2010 No. 53 s 166\namd 2012 No. 1 s 40 ; 2014 No. 16 s 47 ; 2014 No. 16 s 101 sch 1\n(sec.99ATA-ssec.1) An SEQ service provider must publish and maintain on its website details of its charges under section 99BO (1) (g) relating to its water services and wastewater services for the current financial year.\n(sec.99ATA-ssec.2) The details of the charges must be published under subsection (1) by 30 June of the financial year preceding the financial year to which the charges relate.\n(sec.99ATA-ssec.3) An SEQ service provider must give a person a document showing the SEQ service provider’s charges relating to its water services and wastewater services for a particular financial year, free of charge, if the person asks for, and has not previously been given, a document showing the charges.","sortOrder":500},{"sectionNumber":"sec.99ATB","sectionType":"section","heading":"Exemption from charges","content":"### sec.99ATB Exemption from charges\n\nThis section applies in relation to water services or wastewater services provided by an SEQ service provider to premises if the premises are—\nland that is exempted from rates under LGA 2009 , section 93 (3) (a) , (b) , (c) , (d) , (e) , (f) , (g) or (j) ; or\nprescribed under a regulation.\nThe SEQ service provider must not issue an account to an entity for providing the water services or wastewater services to the premises unless the entity has asked for the services to be provided.\ns 99ATB ins 2010 No. 53 s 166\namd 2012 No. 1 ss 41 , 105 sch\n(sec.99ATB-ssec.1) This section applies in relation to water services or wastewater services provided by an SEQ service provider to premises if the premises are— land that is exempted from rates under LGA 2009 , section 93 (3) (a) , (b) , (c) , (d) , (e) , (f) , (g) or (j) ; or prescribed under a regulation.\n(sec.99ATB-ssec.2) The SEQ service provider must not issue an account to an entity for providing the water services or wastewater services to the premises unless the entity has asked for the services to be provided.\n- (a) land that is exempted from rates under LGA 2009 , section 93 (3) (a) , (b) , (c) , (d) , (e) , (f) , (g) or (j) ; or\n- (b) prescribed under a regulation.","sortOrder":501},{"sectionNumber":"sec.99ATC","sectionType":"section","heading":"Local government must provide information to distributor-retailer","content":"### sec.99ATC Local government must provide information to distributor-retailer\n\nEach participating local government for a distributor-retailer must—\nas soon as practicable after the commencement of this section, give the distributor-retailer details sufficient to identify all land mentioned in section 99ATB (1) (a) that is in the local government’s local government area; and\nas soon as practicable after land in the local government’s local government area becomes land mentioned in section 99ATB (1) (a) , give the distributor-retailer details sufficient to identify the land; and\nas soon as practicable after land in the local government’s local government area stops being land mentioned in section 99ATB (1) (a) , give the distributor-retailer details sufficient to identify the land.\nMaximum penalty—1,665 penalty units.\nThis section applies despite section 53AI .\ns 99ATC ins 2010 No. 53 s 166\n(sec.99ATC-ssec.1) Each participating local government for a distributor-retailer must— as soon as practicable after the commencement of this section, give the distributor-retailer details sufficient to identify all land mentioned in section 99ATB (1) (a) that is in the local government’s local government area; and as soon as practicable after land in the local government’s local government area becomes land mentioned in section 99ATB (1) (a) , give the distributor-retailer details sufficient to identify the land; and as soon as practicable after land in the local government’s local government area stops being land mentioned in section 99ATB (1) (a) , give the distributor-retailer details sufficient to identify the land. Maximum penalty—1,665 penalty units.\n(sec.99ATC-ssec.2) This section applies despite section 53AI .\n- (a) as soon as practicable after the commencement of this section, give the distributor-retailer details sufficient to identify all land mentioned in section 99ATB (1) (a) that is in the local government’s local government area; and\n- (b) as soon as practicable after land in the local government’s local government area becomes land mentioned in section 99ATB (1) (a) , give the distributor-retailer details sufficient to identify the land; and\n- (c) as soon as practicable after land in the local government’s local government area stops being land mentioned in section 99ATB (1) (a) , give the distributor-retailer details sufficient to identify the land.","sortOrder":502},{"sectionNumber":"ch.4-pt.4-div.4","sectionType":"division","heading":"Accounts","content":"## Accounts","sortOrder":503},{"sectionNumber":"sec.99AU","sectionType":"section","heading":"Application of div 4","content":"### sec.99AU Application of div 4\n\nThis division applies for any account from an SEQ service provider to a customer for water services and wastewater services.\ns 99AU ins 2010 No. 20 s 21\namd 2010 No. 53 s 167 ; 2012 No. 1 s 42","sortOrder":504},{"sectionNumber":"sec.99AV","sectionType":"section","heading":"Matters required to be stated in account","content":"### sec.99AV Matters required to be stated in account\n\nThe account must state all of the following—\nthe customer’s name and the customer’s premises at which the water services and wastewater services were provided;\nthe period of the account;\nwhether the account is based on an actual reading of a meter or an estimate of what a meter would read;\nthe bulk water component;\nan entry called ‘distribution and retail’;\nan enquiries telephone number;\nthe total charge;\nthe methods by which the account may be paid;\nthe charge under the most recent account from the SEQ service provider to the customer;\nany concessions, discounts or rebates applied in working out the amount charged under the account;\nany interest to be charged for late payment of the account;\na comparison with the consumption of other customers;\nif the customer is a residential customer—a comparison with the consumption of other residential customers (whether actual or estimated);\nany matter prescribed under a regulation for this section.\nThe entry called ‘distribution and retail’ must include the amount charged for—\nwater services and wastewater services; and\nbeing able to be provided with the service (called a ‘fixed access charge’).\nThe entry called ‘distribution and retail’ must be included in the account under a separate heading called—\nfor a distributor-retailer—‘Local Government distributor-retailer price’; or\nfor another SEQ service provider—‘Local Government distribution and retail price’.\nThe bulk water component must be included in the account under a separate heading called ‘State bulk water price’.\nIn this section—\nbulk water component means the component of the account that represents the amount of any charge for bulk water services under the Water Supply Act passed on to the customer in the account.\ns 99AV ins 2010 No. 20 s 21\namd 2010 No. 53 s 168 ; 2011 No. 21 s 13 ; 2012 No. 1 s 43\n(sec.99AV-ssec.1) The account must state all of the following— the customer’s name and the customer’s premises at which the water services and wastewater services were provided; the period of the account; whether the account is based on an actual reading of a meter or an estimate of what a meter would read; the bulk water component; an entry called ‘distribution and retail’; an enquiries telephone number; the total charge; the methods by which the account may be paid; the charge under the most recent account from the SEQ service provider to the customer; any concessions, discounts or rebates applied in working out the amount charged under the account; any interest to be charged for late payment of the account; a comparison with the consumption of other customers; if the customer is a residential customer—a comparison with the consumption of other residential customers (whether actual or estimated); any matter prescribed under a regulation for this section.\n(sec.99AV-ssec.2) The entry called ‘distribution and retail’ must include the amount charged for— water services and wastewater services; and being able to be provided with the service (called a ‘fixed access charge’).\n(sec.99AV-ssec.3) The entry called ‘distribution and retail’ must be included in the account under a separate heading called— for a distributor-retailer—‘Local Government distributor-retailer price’; or for another SEQ service provider—‘Local Government distribution and retail price’.\n(sec.99AV-ssec.4) The bulk water component must be included in the account under a separate heading called ‘State bulk water price’.\n(sec.99AV-ssec.5) In this section— bulk water component means the component of the account that represents the amount of any charge for bulk water services under the Water Supply Act passed on to the customer in the account.\n- (a) the customer’s name and the customer’s premises at which the water services and wastewater services were provided;\n- (b) the period of the account;\n- (c) whether the account is based on an actual reading of a meter or an estimate of what a meter would read;\n- (d) the bulk water component;\n- (e) an entry called ‘distribution and retail’;\n- (f) an enquiries telephone number;\n- (g) the total charge;\n- (h) the methods by which the account may be paid;\n- (i) the charge under the most recent account from the SEQ service provider to the customer;\n- (j) any concessions, discounts or rebates applied in working out the amount charged under the account;\n- (k) any interest to be charged for late payment of the account;\n- (l) a comparison with the consumption of other customers;\n- (m) if the customer is a residential customer—a comparison with the consumption of other residential customers (whether actual or estimated);\n- (n) any matter prescribed under a regulation for this section.\n- (a) water services and wastewater services; and\n- (b) being able to be provided with the service (called a ‘fixed access charge’).\n- (a) for a distributor-retailer—‘Local Government distributor-retailer price’; or\n- (b) for another SEQ service provider—‘Local Government distribution and retail price’.","sortOrder":505},{"sectionNumber":"sec.99AW","sectionType":"section","heading":"Requirements for accounts for rates notices","content":"### sec.99AW Requirements for accounts for rates notices\n\nThis section applies if the account is—\nfrom a withdrawn council; or\nfrom a distributor-retailer and the account is included in a rates notice.\nThe account must—\nbe on a separate page to the rates notice; and\neither—\nif the account is from a distributor-retailer—be clearly identified as an account to the customer from the distributor-retailer; or\nif the account is from a withdrawn council—be clearly identified as an account to the customer from the council for water services and wastewater services.\nIn this section—\nrates notice means an account or other notice for the payment of rates under LGA 2009 or CBA 2010 .\ns 99AW ins 2010 No. 20 s 21\nsub 2012 No. 1 s 44\n(sec.99AW-ssec.1) This section applies if the account is— from a withdrawn council; or from a distributor-retailer and the account is included in a rates notice.\n(sec.99AW-ssec.2) The account must— be on a separate page to the rates notice; and either— if the account is from a distributor-retailer—be clearly identified as an account to the customer from the distributor-retailer; or if the account is from a withdrawn council—be clearly identified as an account to the customer from the council for water services and wastewater services.\n(sec.99AW-ssec.3) In this section— rates notice means an account or other notice for the payment of rates under LGA 2009 or CBA 2010 .\n- (a) from a withdrawn council; or\n- (b) from a distributor-retailer and the account is included in a rates notice.\n- (a) be on a separate page to the rates notice; and\n- (b) either— (i) if the account is from a distributor-retailer—be clearly identified as an account to the customer from the distributor-retailer; or (ii) if the account is from a withdrawn council—be clearly identified as an account to the customer from the council for water services and wastewater services.\n- (i) if the account is from a distributor-retailer—be clearly identified as an account to the customer from the distributor-retailer; or\n- (ii) if the account is from a withdrawn council—be clearly identified as an account to the customer from the council for water services and wastewater services.\n- (i) if the account is from a distributor-retailer—be clearly identified as an account to the customer from the distributor-retailer; or\n- (ii) if the account is from a withdrawn council—be clearly identified as an account to the customer from the council for water services and wastewater services.","sortOrder":506},{"sectionNumber":"ch.4-pt.4-div.5","sectionType":"division","heading":"Miscellaneous provision","content":"## Miscellaneous provision","sortOrder":507},{"sectionNumber":"sec.99AX","sectionType":"section","heading":"New owner’s obligation to notify SEQ service provider","content":"### sec.99AX New owner’s obligation to notify SEQ service provider\n\nThis section applies if, after a transfer of premises, a person starts to receive a supply of water from a water service or the benefit of a wastewater service from an SEQ service provider.\nThe person must, as soon as practicable, tell the SEQ service provider, or give the SEQ service provider notice, that the person has become the owner of the premises, unless the person has a reasonable excuse.\nMaximum penalty—1 penalty unit.\nHowever, the person is not required to comply with subsection (2) if the following are given to the registrar—\nan application for registration of the transfer;\na properly completed property transfer information form.\nIf a property transfer information form is given under subsection (3) , the SEQ service provider may be given the same information from the form that, under LGA 2009 or CBA 2010 , can be given to a local government.\nIn this section—\nproperty transfer information form means a form that—\ngives information about a change of ownership required under another Act; and\nmay be given to the registrar.\ntransfer includes transmission.\ns 99AX ins 2010 No. 20 s 21\namd 2012 No. 1 ss 45 , 105 sch\n(sec.99AX-ssec.1) This section applies if, after a transfer of premises, a person starts to receive a supply of water from a water service or the benefit of a wastewater service from an SEQ service provider.\n(sec.99AX-ssec.2) The person must, as soon as practicable, tell the SEQ service provider, or give the SEQ service provider notice, that the person has become the owner of the premises, unless the person has a reasonable excuse. Maximum penalty—1 penalty unit.\n(sec.99AX-ssec.3) However, the person is not required to comply with subsection (2) if the following are given to the registrar— an application for registration of the transfer; a properly completed property transfer information form.\n(sec.99AX-ssec.4) If a property transfer information form is given under subsection (3) , the SEQ service provider may be given the same information from the form that, under LGA 2009 or CBA 2010 , can be given to a local government.\n(sec.99AX-ssec.5) In this section— property transfer information form means a form that— gives information about a change of ownership required under another Act; and may be given to the registrar. transfer includes transmission.\n- (a) an application for registration of the transfer;\n- (b) a properly completed property transfer information form.\n- (a) gives information about a change of ownership required under another Act; and\n- (b) may be given to the registrar.","sortOrder":508},{"sectionNumber":"ch.4A-pt.1","sectionType":"part","heading":"General provisions about code","content":"# General provisions about code","sortOrder":509},{"sectionNumber":"sec.99AY","sectionType":"section","heading":"What is the SEQ design and construction code","content":"### sec.99AY What is the SEQ design and construction code\n\nThe SEQ design and construction code is an instrument—\nmade jointly by all the SEQ service providers; and\nthat provides for technical standards relating to the design and construction of water infrastructure in the SEQ region.\ns 99AY ins 2010 No. 20 s 21\namd 2012 No. 1 s 46\n- (a) made jointly by all the SEQ service providers; and\n- (b) that provides for technical standards relating to the design and construction of water infrastructure in the SEQ region.","sortOrder":510},{"sectionNumber":"sec.99AZ","sectionType":"section","heading":"Requirement to have code","content":"### sec.99AZ Requirement to have code\n\nThe SEQ service providers must, on and from 1 July 2013, have an SEQ design and construction code.\ns 99AZ ins 2010 No. 20 s 21\namd 2012 No. 1 s 47","sortOrder":511},{"sectionNumber":"sec.99BA","sectionType":"section","heading":"Particular matters for code","content":"### sec.99BA Particular matters for code\n\nThe SEQ design and construction code may provide for design and construction standards for water infrastructure and water infrastructure works, including, for example, standards about any of the following—\nmeters and connections to water infrastructure;\ngravity and pressure pipelines;\ndemand and peaking factors for flow of water and wastewater;\nlocation of access chambers;\nreservoirs, pump stations and wastewater pump stations;\nwater reticulation and distribution pipelines;\nwastewater pipelines;\nrecycled water supply.\nSubsection (1) does not limit the matters for which the code may provide.\ns 99BA ins 2010 No. 20 s 21\n(sec.99BA-ssec.1) The SEQ design and construction code may provide for design and construction standards for water infrastructure and water infrastructure works, including, for example, standards about any of the following— meters and connections to water infrastructure; gravity and pressure pipelines; demand and peaking factors for flow of water and wastewater; location of access chambers; reservoirs, pump stations and wastewater pump stations; water reticulation and distribution pipelines; wastewater pipelines; recycled water supply.\n(sec.99BA-ssec.2) Subsection (1) does not limit the matters for which the code may provide.\n- (a) meters and connections to water infrastructure;\n- (b) gravity and pressure pipelines;\n- (c) demand and peaking factors for flow of water and wastewater;\n- (d) location of access chambers;\n- (e) reservoirs, pump stations and wastewater pump stations;\n- (f) water reticulation and distribution pipelines;\n- (g) wastewater pipelines;\n- (h) recycled water supply.","sortOrder":512},{"sectionNumber":"ch.4A-pt.2","sectionType":"part","heading":"Process for making or amending code","content":"# Process for making or amending code","sortOrder":513},{"sectionNumber":"sec.99BB","sectionType":"section","heading":"Public notice about availability of draft code","content":"### sec.99BB Public notice about availability of draft code\n\nBefore adopting the SEQ design and construction code, the SEQ service providers must—\nprepare a draft of the proposed code; and\npublish a notice about the draft, and a copy of the draft, on each of their websites; and\ngive each local government in the SEQ region and the chief executive a copy of the notice.\nThe notice must state—\nwhere copies of the draft may be inspected and purchased; and\nthat written submissions may be made by anyone about the draft; and\na day (the final submission day ) by which submissions must be made, and the person to whom, and the place where, the submissions must be made.\nThe final submission day must not be earlier than 28 days after the day the notice is published.\nA document published on a website under subsection (1) (b) must not be removed from the website before the end of the final submission day.\ns 99BB ins 2010 No. 20 s 21\namd 2012 No. 1 s 48 ; 2012 No. 39 s 12 ; 2023 No. 24 s 8\n(sec.99BB-ssec.1) Before adopting the SEQ design and construction code, the SEQ service providers must— prepare a draft of the proposed code; and publish a notice about the draft, and a copy of the draft, on each of their websites; and give each local government in the SEQ region and the chief executive a copy of the notice.\n(sec.99BB-ssec.2) The notice must state— where copies of the draft may be inspected and purchased; and that written submissions may be made by anyone about the draft; and a day (the final submission day ) by which submissions must be made, and the person to whom, and the place where, the submissions must be made.\n(sec.99BB-ssec.3) The final submission day must not be earlier than 28 days after the day the notice is published.\n(sec.99BB-ssec.4) A document published on a website under subsection (1) (b) must not be removed from the website before the end of the final submission day.\n- (a) prepare a draft of the proposed code; and\n- (b) publish a notice about the draft, and a copy of the draft, on each of their websites; and\n- (c) give each local government in the SEQ region and the chief executive a copy of the notice.\n- (a) where copies of the draft may be inspected and purchased; and\n- (b) that written submissions may be made by anyone about the draft; and\n- (c) a day (the final submission day ) by which submissions must be made, and the person to whom, and the place where, the submissions must be made.","sortOrder":514},{"sectionNumber":"sec.99BC","sectionType":"section","heading":"Preparing final code","content":"### sec.99BC Preparing final code\n\nIn preparing the final SEQ design and construction code to be adopted, the SEQ service providers must consider all submissions about the draft code made under section 99BB (2) .\ns 99BC ins 2010 No. 20 s 21\namd 2012 No. 1 s 49","sortOrder":515},{"sectionNumber":"sec.99BD","sectionType":"section","heading":"Adopting code","content":"### sec.99BD Adopting code\n\nThe final SEQ design and construction code must be adopted for each SEQ service provider by the following—\nfor a distributor-retailer—its board;\nfor a withdrawn council—a resolution.\ns 99BD ins 2010 No. 20 s 21\namd 2012 No. 1 s 50\n- (a) for a distributor-retailer—its board;\n- (b) for a withdrawn council—a resolution.","sortOrder":516},{"sectionNumber":"sec.99BE","sectionType":"section","heading":"When code has effect","content":"### sec.99BE When code has effect\n\nAs soon as practicable after the SEQ design and construction code is adopted by the SEQ service providers, the Minister must, by gazette notice, notify the adoption of the code.\nThe code has effect on and from the day its adoption is notified in the gazette.\ns 99BE ins 2010 No. 20 s 21\namd 2012 No. 1 s 51\n(sec.99BE-ssec.1) As soon as practicable after the SEQ design and construction code is adopted by the SEQ service providers, the Minister must, by gazette notice, notify the adoption of the code.\n(sec.99BE-ssec.2) The code has effect on and from the day its adoption is notified in the gazette.","sortOrder":517},{"sectionNumber":"sec.99BF","sectionType":"section","heading":"Amendment of code","content":"### sec.99BF Amendment of code\n\nThe SEQ service providers may amend the SEQ design and construction code.\nSections 99BB and 99BC apply to the amendment as if a reference in the sections to the code were a reference to the amending code.\nHowever, the sections do not apply if—\nthe amending code is only to—\ncorrect a minor error in the code; or\nmake another change that is not a change of substance; or\nthe code states that an amendment of a stated type may be made to the code without complying with the sections and the amendment is of the stated type.\ns 99BF ins 2010 No. 20 s 21\namd 2012 No. 1 s 52\n(sec.99BF-ssec.1) The SEQ service providers may amend the SEQ design and construction code.\n(sec.99BF-ssec.2) Sections 99BB and 99BC apply to the amendment as if a reference in the sections to the code were a reference to the amending code.\n(sec.99BF-ssec.3) However, the sections do not apply if— the amending code is only to— correct a minor error in the code; or make another change that is not a change of substance; or the code states that an amendment of a stated type may be made to the code without complying with the sections and the amendment is of the stated type.\n- (a) the amending code is only to— (i) correct a minor error in the code; or (ii) make another change that is not a change of substance; or\n- (i) correct a minor error in the code; or\n- (ii) make another change that is not a change of substance; or\n- (b) the code states that an amendment of a stated type may be made to the code without complying with the sections and the amendment is of the stated type.\n- (i) correct a minor error in the code; or\n- (ii) make another change that is not a change of substance; or","sortOrder":518},{"sectionNumber":"ch.4A-pt.3","sectionType":"part","heading":"Minister’s powers in relation to code","content":"# Minister’s powers in relation to code","sortOrder":519},{"sectionNumber":"sec.99BG","sectionType":"section","heading":"Power of Minister to direct SEQ service provider to take action about code","content":"### sec.99BG Power of Minister to direct SEQ service provider to take action about code\n\nThis section applies if the Minister is satisfied it is necessary to give a direction to an SEQ service provider to ensure the SEQ design and construction code—\nis adopted under part 2 ; or\nappropriately provides for design and construction standards for water infrastructure and water infrastructure works in the SEQ region.\nThe Minister may direct an SEQ service provider to take action in relation to the SEQ design and construction code or the proposed code.\nThe direction must—\nbe in writing; and\nstate the reasonable period in which the SEQ service provider must comply with the direction.\nThe direction may be as general or specific as the Minister considers appropriate.\nWithout limiting subsection (2) , the direction may require an SEQ service provider to—\nprepare and adopt the code under part 2 ; or\ninclude provisions in the code about matters the Minister considers appropriate for the code; or\nreview or amend the code in a way required by the Minister.\ns 99BG ins 2010 No. 20 s 21\namd 2012 No. 1 s 53\n(sec.99BG-ssec.1) This section applies if the Minister is satisfied it is necessary to give a direction to an SEQ service provider to ensure the SEQ design and construction code— is adopted under part 2 ; or appropriately provides for design and construction standards for water infrastructure and water infrastructure works in the SEQ region.\n(sec.99BG-ssec.2) The Minister may direct an SEQ service provider to take action in relation to the SEQ design and construction code or the proposed code.\n(sec.99BG-ssec.3) The direction must— be in writing; and state the reasonable period in which the SEQ service provider must comply with the direction.\n(sec.99BG-ssec.4) The direction may be as general or specific as the Minister considers appropriate.\n(sec.99BG-ssec.5) Without limiting subsection (2) , the direction may require an SEQ service provider to— prepare and adopt the code under part 2 ; or include provisions in the code about matters the Minister considers appropriate for the code; or review or amend the code in a way required by the Minister.\n- (a) is adopted under part 2 ; or\n- (b) appropriately provides for design and construction standards for water infrastructure and water infrastructure works in the SEQ region.\n- (a) be in writing; and\n- (b) state the reasonable period in which the SEQ service provider must comply with the direction.\n- (a) prepare and adopt the code under part 2 ; or\n- (b) include provisions in the code about matters the Minister considers appropriate for the code; or\n- (c) review or amend the code in a way required by the Minister.","sortOrder":520},{"sectionNumber":"sec.99BH","sectionType":"section","heading":"Power of Minister if SEQ service provider does not comply with direction","content":"### sec.99BH Power of Minister if SEQ service provider does not comply with direction\n\nIf an SEQ service provider does not comply with the Minister’s direction under section 99BG within the reasonable period stated in the direction, the Minister may take the action the Minister directed the SEQ service provider to take.\nAnything done by the Minister under subsection (1) is taken to have been done by the SEQ service provider and has the same effect as it would have had if the SEQ service provider had done it.\nAn expense reasonably incurred by the Minister in taking an action under subsection (1) may be recovered from the SEQ service provider as a debt owing to the State.\ns 99BH ins 2010 No. 20 s 21\namd 2012 No. 1 s 54\n(sec.99BH-ssec.1) If an SEQ service provider does not comply with the Minister’s direction under section 99BG within the reasonable period stated in the direction, the Minister may take the action the Minister directed the SEQ service provider to take.\n(sec.99BH-ssec.2) Anything done by the Minister under subsection (1) is taken to have been done by the SEQ service provider and has the same effect as it would have had if the SEQ service provider had done it.\n(sec.99BH-ssec.3) An expense reasonably incurred by the Minister in taking an action under subsection (1) may be recovered from the SEQ service provider as a debt owing to the State.","sortOrder":521},{"sectionNumber":"ch.4A-pt.4","sectionType":"part","heading":"MISCELLANEOUS","content":"# MISCELLANEOUS","sortOrder":522},{"sectionNumber":"sec.99BI","sectionType":"section","heading":null,"content":"### Section sec.99BI\n\ns 99BI ins 2010 No. 20 s 21\nom 2012 No. 1 s 55","sortOrder":523},{"sectionNumber":"ch.4B-pt.1","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":524},{"sectionNumber":"sec.99BJ","sectionType":"section","heading":"Requirement for SEQ service provider to adopt plan","content":"### sec.99BJ Requirement for SEQ service provider to adopt plan\n\nAn SEQ service provider must by 1 October 2014 have adopted a plan (a water netserv plan ) about its water and wastewater networks and providing its water service and wastewater service.\ns 99BJ ins 2010 No. 20 s 21\namd 2012 No. 1 s 56 ; 2013 No. 23 s 196 ; 2014 No. 16 s 14","sortOrder":525},{"sectionNumber":"sec.99BK","sectionType":"section","heading":"Plan to be consistent with SEQ regional plan and planning assumptions","content":"### sec.99BK Plan to be consistent with SEQ regional plan and planning assumptions\n\nAn SEQ service provider must ensure its water netserv plan is consistent with—\nthe SEQ regional plan; and\nthe planning assumptions for the following (the relevant planning assumptions ) for the following area for the SEQ service provider (its relevant area )—\nfor a distributor-retailer—its geographic area;\nfor a withdrawn council—its local government area;\nfor a corporate entity (service provider)—its establishing council’s local government area.\ns 99BK ins 2010 No. 20 s 21\namd 2012 No. 1 s 57\n- (a) the SEQ regional plan; and\n- (b) the planning assumptions for the following (the relevant planning assumptions ) for the following area for the SEQ service provider (its relevant area )— (i) for a distributor-retailer—its geographic area; (ii) for a withdrawn council—its local government area; (iii) for a corporate entity (service provider)—its establishing council’s local government area.\n- (i) for a distributor-retailer—its geographic area;\n- (ii) for a withdrawn council—its local government area;\n- (iii) for a corporate entity (service provider)—its establishing council’s local government area.\n- (i) for a distributor-retailer—its geographic area;\n- (ii) for a withdrawn council—its local government area;\n- (iii) for a corporate entity (service provider)—its establishing council’s local government area.","sortOrder":526},{"sectionNumber":"sec.99BL","sectionType":"section","heading":"Requirement for SEQ service provider to review plan","content":"### sec.99BL Requirement for SEQ service provider to review plan\n\nAn SEQ service provider must, within each 5-year period starting on 1 October 2014, review its water netserv plan to ensure the plan—\nis consistent with—\nthe SEQ regional plan; and\nthe relevant planning assumptions; and\nachieves the purposes of the plan under section 99BM .\nWithout limiting subsection (1) , an SEQ service provider must—\nbefore 1 October each year, review the connection areas under its water netserv plan; and\nwithin each 5-year period starting on 1 October 2014, review the future connection areas under its water netserv plan.\nIf a connection under a water approval to an SEQ service provider’s infrastructure network occurs outside of its connection area—\nthe location of the connection is taken to be part of its connection area; and\nthe SEQ service provider must, as soon as practicable, update its connection area in its water netserv plan under subsection (2) .\ns 99BL ins 2010 No. 20 s 21\namd 2012 No. 1 s 58 ; 2013 No. 23 s 197\nsub 2014 No. 16 s 15\n(sec.99BL-ssec.1) An SEQ service provider must, within each 5-year period starting on 1 October 2014, review its water netserv plan to ensure the plan— is consistent with— the SEQ regional plan; and the relevant planning assumptions; and achieves the purposes of the plan under section 99BM .\n(sec.99BL-ssec.2) Without limiting subsection (1) , an SEQ service provider must— before 1 October each year, review the connection areas under its water netserv plan; and within each 5-year period starting on 1 October 2014, review the future connection areas under its water netserv plan.\n(sec.99BL-ssec.3) If a connection under a water approval to an SEQ service provider’s infrastructure network occurs outside of its connection area— the location of the connection is taken to be part of its connection area; and the SEQ service provider must, as soon as practicable, update its connection area in its water netserv plan under subsection (2) .\n- (a) is consistent with— (i) the SEQ regional plan; and (ii) the relevant planning assumptions; and\n- (i) the SEQ regional plan; and\n- (ii) the relevant planning assumptions; and\n- (b) achieves the purposes of the plan under section 99BM .\n- (i) the SEQ regional plan; and\n- (ii) the relevant planning assumptions; and\n- (a) before 1 October each year, review the connection areas under its water netserv plan; and\n- (b) within each 5-year period starting on 1 October 2014, review the future connection areas under its water netserv plan.\n- (a) the location of the connection is taken to be part of its connection area; and\n- (b) the SEQ service provider must, as soon as practicable, update its connection area in its water netserv plan under subsection (2) .","sortOrder":527},{"sectionNumber":"ch.4B-pt.2","sectionType":"part","heading":"Purposes, form and content of plan","content":"# Purposes, form and content of plan","sortOrder":528},{"sectionNumber":"sec.99BM","sectionType":"section","heading":"Purposes of plan","content":"### sec.99BM Purposes of plan\n\nThe purposes of an SEQ service provider’s water netserv plan for its relevant area are all of the following—\nto provide for strategic planning for the operation of the SEQ service provider’s business;\nto provide planning for the delivery of infrastructure for supplying the SEQ service provider’s water services and wastewater services for at least 20 years;\nto ensure the provision of safe, reliable and secure water services and wastewater services by SEQ service providers;\nto integrate land use planning and planning for infrastructure for the SEQ service provider’s water services and wastewater services;\nto provide for the management of the SEQ service provider’s water services and wastewater services in a way that seeks to achieve ecological sustainability;\nif the SEQ service provider is a distributor-retailer—\nto provide a process for approvals for connections to its water infrastructure; and\nto state fees and charges that may be levied under chapter 4C for connections to its water infrastructure, including its trunk infrastructure.\ns 99BM ins 2010 No. 20 s 21\namd 2012 No. 1 s 59 ; 2014 No. 16 s 16\n- (a) to provide for strategic planning for the operation of the SEQ service provider’s business;\n- (b) to provide planning for the delivery of infrastructure for supplying the SEQ service provider’s water services and wastewater services for at least 20 years;\n- (c) to ensure the provision of safe, reliable and secure water services and wastewater services by SEQ service providers;\n- (d) to integrate land use planning and planning for infrastructure for the SEQ service provider’s water services and wastewater services;\n- (e) to provide for the management of the SEQ service provider’s water services and wastewater services in a way that seeks to achieve ecological sustainability;\n- (f) if the SEQ service provider is a distributor-retailer— (i) to provide a process for approvals for connections to its water infrastructure; and (ii) to state fees and charges that may be levied under chapter 4C for connections to its water infrastructure, including its trunk infrastructure.\n- (i) to provide a process for approvals for connections to its water infrastructure; and\n- (ii) to state fees and charges that may be levied under chapter 4C for connections to its water infrastructure, including its trunk infrastructure.\n- (i) to provide a process for approvals for connections to its water infrastructure; and\n- (ii) to state fees and charges that may be levied under chapter 4C for connections to its water infrastructure, including its trunk infrastructure.","sortOrder":529},{"sectionNumber":"sec.99BN","sectionType":"section","heading":"Form of plan","content":"### sec.99BN Form of plan\n\nEach water netserv plan must include—\na separate part ( part A ) containing the matters mentioned in section 99BO (1) ; and\na separate part ( part B ) containing the matters mentioned in section 99BP (1) .\ns 99BN ins 2010 No. 20 s 21\n- (a) a separate part ( part A ) containing the matters mentioned in section 99BO (1) ; and\n- (b) a separate part ( part B ) containing the matters mentioned in section 99BP (1) .","sortOrder":530},{"sectionNumber":"sec.99BO","sectionType":"section","heading":"Content of part A of plan","content":"### sec.99BO Content of part A of plan\n\nPart A of an SEQ service provider’s water netserv plan must—\nstate the relevant planning assumptions on which the plan is based; and\ninclude information outlining the SEQ service provider’s infrastructure networks for its water service and wastewater service, including information about the capacity of each network to service existing and proposed customers; and\ninclude information outlining any proposed increases in the capacity of the infrastructure networks, including information about the areas into which the networks are to be extended and time frames for increasing the capacity; and\nstate the desired standard of service for infrastructure used to provide the SEQ service provider’s water service and wastewater service; and\nstandards about water supply pressure and volume for particular areas\nrates of removal of sewage for particular areas\ninclude information outlining the SEQ service provider’s strategy for demand management for water; and\nstate the SEQ service provider’s policy for connections, disconnections and alterations to its infrastructure networks for its water service and wastewater service (the connections policy ), including—\nthe areas (each a connection area ) in which the SEQ service provider guarantees to provide connections that comply with its connection criteria to its water service or wastewater service; and\nthe areas (each a future connection area ) in which the SEQ service provider intends to extend its infrastructure network; and\nthe circumstances in which the SEQ service provider may approve connection outside a connection area; and\nthe SEQ service provider’s criteria for providing connection, with or without conditions, to its water service or wastewater service; and\nConnecting a new housing development to a water service or wastewater service might be subject to the construction of specific infrastructure by the proponent of the development.\nif the SEQ service provider is a distributor-retailer—each matter stated in section 99BOA ; and\ninclude a schedule (a charges schedule ) containing details of—\ncharges, including charges under section 99AV (2) (b) , to connect customers to the SEQ service provider’s water service and wastewater service; and\ncharges for a customer’s use of the services; and\nif the SEQ service provider is not a distributor-retailer—charges relating to providing infrastructure for the services; and\nif the SEQ service provider is a distributor-retailer—each matter stated in section 99BOB ; and\nindicate how the SEQ service provider proposes to achieve effective outcomes for the provision of water services and wastewater services in—\nthe SEQ service provider’s relevant area; and\nthe SEQ region; and\nif the SEQ service provider is a distributor-retailer—include a schedule of works for the provider; and\ninclude any other matters prescribed under a regulation.\nThe areas, mentioned in subsection (1) (c) , into which infrastructure networks are to be extended must be consistent with the priority infrastructure areas of—\nfor a distributor-retailer—its participating local governments; or\nfor a withdrawn council—its local government area; or\nfor a corporate entity (service provider)—its establishing council.\nSubsection (1) does not limit the matters the water netserv plan may contain.\nIn this section—\ndemand management , for water, see the Water Supply Act , schedule 3 .\npriority infrastructure area , for a local government, see the Planning Act , schedule 2 .\ns 99BO ins 2010 No. 20 s 21\namd 2012 No. 1 s 60 ; 2014 No. 16 s 17 ; 2016 No. 27 s 462\n(sec.99BO-ssec.1) Part A of an SEQ service provider’s water netserv plan must— state the relevant planning assumptions on which the plan is based; and include information outlining the SEQ service provider’s infrastructure networks for its water service and wastewater service, including information about the capacity of each network to service existing and proposed customers; and include information outlining any proposed increases in the capacity of the infrastructure networks, including information about the areas into which the networks are to be extended and time frames for increasing the capacity; and state the desired standard of service for infrastructure used to provide the SEQ service provider’s water service and wastewater service; and standards about water supply pressure and volume for particular areas rates of removal of sewage for particular areas include information outlining the SEQ service provider’s strategy for demand management for water; and state the SEQ service provider’s policy for connections, disconnections and alterations to its infrastructure networks for its water service and wastewater service (the connections policy ), including— the areas (each a connection area ) in which the SEQ service provider guarantees to provide connections that comply with its connection criteria to its water service or wastewater service; and the areas (each a future connection area ) in which the SEQ service provider intends to extend its infrastructure network; and the circumstances in which the SEQ service provider may approve connection outside a connection area; and the SEQ service provider’s criteria for providing connection, with or without conditions, to its water service or wastewater service; and Connecting a new housing development to a water service or wastewater service might be subject to the construction of specific infrastructure by the proponent of the development. if the SEQ service provider is a distributor-retailer—each matter stated in section 99BOA ; and include a schedule (a charges schedule ) containing details of— charges, including charges under section 99AV (2) (b) , to connect customers to the SEQ service provider’s water service and wastewater service; and charges for a customer’s use of the services; and if the SEQ service provider is not a distributor-retailer—charges relating to providing infrastructure for the services; and if the SEQ service provider is a distributor-retailer—each matter stated in section 99BOB ; and indicate how the SEQ service provider proposes to achieve effective outcomes for the provision of water services and wastewater services in— the SEQ service provider’s relevant area; and the SEQ region; and if the SEQ service provider is a distributor-retailer—include a schedule of works for the provider; and include any other matters prescribed under a regulation.\n(sec.99BO-ssec.2) The areas, mentioned in subsection (1) (c) , into which infrastructure networks are to be extended must be consistent with the priority infrastructure areas of— for a distributor-retailer—its participating local governments; or for a withdrawn council—its local government area; or for a corporate entity (service provider)—its establishing council.\n(sec.99BO-ssec.3) Subsection (1) does not limit the matters the water netserv plan may contain.\n(sec.99BO-ssec.4) In this section— demand management , for water, see the Water Supply Act , schedule 3 . priority infrastructure area , for a local government, see the Planning Act , schedule 2 .\n- (a) state the relevant planning assumptions on which the plan is based; and\n- (b) include information outlining the SEQ service provider’s infrastructure networks for its water service and wastewater service, including information about the capacity of each network to service existing and proposed customers; and\n- (c) include information outlining any proposed increases in the capacity of the infrastructure networks, including information about the areas into which the networks are to be extended and time frames for increasing the capacity; and\n- (d) state the desired standard of service for infrastructure used to provide the SEQ service provider’s water service and wastewater service; and Examples for paragraph (d) — • standards about water supply pressure and volume for particular areas • rates of removal of sewage for particular areas\n- • standards about water supply pressure and volume for particular areas\n- • rates of removal of sewage for particular areas\n- (e) include information outlining the SEQ service provider’s strategy for demand management for water; and\n- (f) state the SEQ service provider’s policy for connections, disconnections and alterations to its infrastructure networks for its water service and wastewater service (the connections policy ), including— (i) the areas (each a connection area ) in which the SEQ service provider guarantees to provide connections that comply with its connection criteria to its water service or wastewater service; and (ii) the areas (each a future connection area ) in which the SEQ service provider intends to extend its infrastructure network; and (iii) the circumstances in which the SEQ service provider may approve connection outside a connection area; and (iv) the SEQ service provider’s criteria for providing connection, with or without conditions, to its water service or wastewater service; and Example of a condition— Connecting a new housing development to a water service or wastewater service might be subject to the construction of specific infrastructure by the proponent of the development. (v) if the SEQ service provider is a distributor-retailer—each matter stated in section 99BOA ; and\n- (i) the areas (each a connection area ) in which the SEQ service provider guarantees to provide connections that comply with its connection criteria to its water service or wastewater service; and\n- (ii) the areas (each a future connection area ) in which the SEQ service provider intends to extend its infrastructure network; and\n- (iii) the circumstances in which the SEQ service provider may approve connection outside a connection area; and\n- (iv) the SEQ service provider’s criteria for providing connection, with or without conditions, to its water service or wastewater service; and Example of a condition— Connecting a new housing development to a water service or wastewater service might be subject to the construction of specific infrastructure by the proponent of the development.\n- (v) if the SEQ service provider is a distributor-retailer—each matter stated in section 99BOA ; and\n- (g) include a schedule (a charges schedule ) containing details of— (i) charges, including charges under section 99AV (2) (b) , to connect customers to the SEQ service provider’s water service and wastewater service; and (ii) charges for a customer’s use of the services; and (iii) if the SEQ service provider is not a distributor-retailer—charges relating to providing infrastructure for the services; and (iv) if the SEQ service provider is a distributor-retailer—each matter stated in section 99BOB ; and\n- (i) charges, including charges under section 99AV (2) (b) , to connect customers to the SEQ service provider’s water service and wastewater service; and\n- (ii) charges for a customer’s use of the services; and\n- (iii) if the SEQ service provider is not a distributor-retailer—charges relating to providing infrastructure for the services; and\n- (iv) if the SEQ service provider is a distributor-retailer—each matter stated in section 99BOB ; and\n- (h) indicate how the SEQ service provider proposes to achieve effective outcomes for the provision of water services and wastewater services in— (i) the SEQ service provider’s relevant area; and (ii) the SEQ region; and\n- (i) the SEQ service provider’s relevant area; and\n- (ii) the SEQ region; and\n- (i) if the SEQ service provider is a distributor-retailer—include a schedule of works for the provider; and\n- (j) include any other matters prescribed under a regulation.\n- • standards about water supply pressure and volume for particular areas\n- • rates of removal of sewage for particular areas\n- (i) the areas (each a connection area ) in which the SEQ service provider guarantees to provide connections that comply with its connection criteria to its water service or wastewater service; and\n- (ii) the areas (each a future connection area ) in which the SEQ service provider intends to extend its infrastructure network; and\n- (iii) the circumstances in which the SEQ service provider may approve connection outside a connection area; and\n- (iv) the SEQ service provider’s criteria for providing connection, with or without conditions, to its water service or wastewater service; and Example of a condition— Connecting a new housing development to a water service or wastewater service might be subject to the construction of specific infrastructure by the proponent of the development.\n- (v) if the SEQ service provider is a distributor-retailer—each matter stated in section 99BOA ; and\n- (i) charges, including charges under section 99AV (2) (b) , to connect customers to the SEQ service provider’s water service and wastewater service; and\n- (ii) charges for a customer’s use of the services; and\n- (iii) if the SEQ service provider is not a distributor-retailer—charges relating to providing infrastructure for the services; and\n- (iv) if the SEQ service provider is a distributor-retailer—each matter stated in section 99BOB ; and\n- (i) the SEQ service provider’s relevant area; and\n- (ii) the SEQ region; and\n- (a) for a distributor-retailer—its participating local governments; or\n- (b) for a withdrawn council—its local government area; or\n- (c) for a corporate entity (service provider)—its establishing council.","sortOrder":531},{"sectionNumber":"sec.99BOA","sectionType":"section","heading":"Connections policy for distributor-retailers","content":"### sec.99BOA Connections policy for distributor-retailers\n\nA distributor-retailer’s connections policy must also include the following—\nits criteria and conditions for a standard connection;\nits criteria for a staged water connection;\nits criteria for other categories of connections including connections outside of the following—\nits connection area;\nits future connection area;\nthe way to apply for a water approval;\nthe categories of connections to which it may delegate its decision function under section 53 ;\nthe time frames for its decisions for connections, other than a standard connection;\nits conditions for when a water approval lapses;\nits requirements for construction maintenance and defects liability.\ns 99BOA ins 2014 No. 16 s 18\n- (a) its criteria and conditions for a standard connection;\n- (b) its criteria for a staged water connection;\n- (c) its criteria for other categories of connections including connections outside of the following— (i) its connection area; (ii) its future connection area;\n- (i) its connection area;\n- (ii) its future connection area;\n- (d) the way to apply for a water approval;\n- (e) the categories of connections to which it may delegate its decision function under section 53 ;\n- (f) the time frames for its decisions for connections, other than a standard connection;\n- (g) its conditions for when a water approval lapses;\n- (h) its requirements for construction maintenance and defects liability.\n- (i) its connection area;\n- (ii) its future connection area;","sortOrder":532},{"sectionNumber":"sec.99BOB","sectionType":"section","heading":"Charges schedules for distributor-retailers","content":"### sec.99BOB Charges schedules for distributor-retailers\n\nA distributor-retailer’s charges schedule must also include details of the following—\nconnection charges;\ncharges for property service infrastructure;\nadopted charges;\nSee chapter 4C , part 7 , division 3 .\nthe way a connection charge, charge for property service infrastructure and adopted charge is calculated;\nthe fees for an application or request under chapter 4C ;\nthe charges breakup for all adopted charges.\ns 99BOB ins 2014 No. 16 s 18\namd 2014 No. 36 s 22\n- (a) connection charges;\n- (b) charges for property service infrastructure;\n- (c) adopted charges; Note— See chapter 4C , part 7 , division 3 .\n- (d) the way a connection charge, charge for property service infrastructure and adopted charge is calculated;\n- (e) the fees for an application or request under chapter 4C ;\n- (f) the charges breakup for all adopted charges.","sortOrder":533},{"sectionNumber":"sec.99BP","sectionType":"section","heading":"Content of part B of plan","content":"### sec.99BP Content of part B of plan\n\nPart B of an SEQ service provider’s water netserv plan must—\ninclude information outlining the SEQ service provider’s existing and proposed infrastructure for providing its services, indicating how the SEQ service provider proposes—\nto meet performance targets and service standards for assets relating to the operation, maintenance and replacement of existing infrastructure; and\nto provide new infrastructure to meet expected future development and growth in its relevant area, considering demand for the services based on low, medium and high population growth scenarios; and\nindicate the measures proposed to minimise—\nwater losses caused by leakage from infrastructure for supplying the SEQ service provider’s water service; and\nsewerage overflows; and\ninclude information outlining the drinking water quality management measures the SEQ service provider will take to protect public health; and\ninclude information about how the plan provides for total water cycle management for water and wastewater in the relevant area; and\ndetails of the collection, treatment and recycling of wastewater and other water sources\ninformation about the integration of water use\ninformation for each of its wastewater treatment plants about effluent management, wastewater recycling, sewerage system overflows and biosolid management\nindicate how the SEQ service provider seeks to achieve ecological sustainability in undertaking its functions; and\ninclude information about the management of trade waste entering the SEQ service provider’s wastewater service; and\nrequirements for waste prevention, treatment and recycling before trade waste can be discharged to a sewer\nimpacts of trade waste on the infrastructure, the receiving environment and the health and safety of persons working on the wastewater service\nregular reviews of trade waste\ninclude information about the management of recycled water by the SEQ service provider under a recycled water scheme; and\ninformation about infrastructure to produce or supply recycled water from any recycled water scheme\ninformation about risks to the quality of recycled water and measures to address the risks\ninformation about monitoring programs\ninclude any other matters prescribed under a regulation, including, for example, matters included in a plan prepared by a service provider under the Water Supply Act .\nSubsection (1) does not limit the matters the water netserv plan may contain.\ns 99BP ins 2010 No. 20 s 21\namd 2012 No. 1 s 61\n(sec.99BP-ssec.1) Part B of an SEQ service provider’s water netserv plan must— include information outlining the SEQ service provider’s existing and proposed infrastructure for providing its services, indicating how the SEQ service provider proposes— to meet performance targets and service standards for assets relating to the operation, maintenance and replacement of existing infrastructure; and to provide new infrastructure to meet expected future development and growth in its relevant area, considering demand for the services based on low, medium and high population growth scenarios; and indicate the measures proposed to minimise— water losses caused by leakage from infrastructure for supplying the SEQ service provider’s water service; and sewerage overflows; and include information outlining the drinking water quality management measures the SEQ service provider will take to protect public health; and include information about how the plan provides for total water cycle management for water and wastewater in the relevant area; and details of the collection, treatment and recycling of wastewater and other water sources information about the integration of water use information for each of its wastewater treatment plants about effluent management, wastewater recycling, sewerage system overflows and biosolid management indicate how the SEQ service provider seeks to achieve ecological sustainability in undertaking its functions; and include information about the management of trade waste entering the SEQ service provider’s wastewater service; and requirements for waste prevention, treatment and recycling before trade waste can be discharged to a sewer impacts of trade waste on the infrastructure, the receiving environment and the health and safety of persons working on the wastewater service regular reviews of trade waste include information about the management of recycled water by the SEQ service provider under a recycled water scheme; and information about infrastructure to produce or supply recycled water from any recycled water scheme information about risks to the quality of recycled water and measures to address the risks information about monitoring programs include any other matters prescribed under a regulation, including, for example, matters included in a plan prepared by a service provider under the Water Supply Act .\n(sec.99BP-ssec.2) Subsection (1) does not limit the matters the water netserv plan may contain.\n- (a) include information outlining the SEQ service provider’s existing and proposed infrastructure for providing its services, indicating how the SEQ service provider proposes— (i) to meet performance targets and service standards for assets relating to the operation, maintenance and replacement of existing infrastructure; and (ii) to provide new infrastructure to meet expected future development and growth in its relevant area, considering demand for the services based on low, medium and high population growth scenarios; and\n- (i) to meet performance targets and service standards for assets relating to the operation, maintenance and replacement of existing infrastructure; and\n- (ii) to provide new infrastructure to meet expected future development and growth in its relevant area, considering demand for the services based on low, medium and high population growth scenarios; and\n- (b) indicate the measures proposed to minimise— (i) water losses caused by leakage from infrastructure for supplying the SEQ service provider’s water service; and (ii) sewerage overflows; and\n- (i) water losses caused by leakage from infrastructure for supplying the SEQ service provider’s water service; and\n- (ii) sewerage overflows; and\n- (c) include information outlining the drinking water quality management measures the SEQ service provider will take to protect public health; and\n- (d) include information about how the plan provides for total water cycle management for water and wastewater in the relevant area; and Examples of information for paragraph (d) — • details of the collection, treatment and recycling of wastewater and other water sources • information about the integration of water use • information for each of its wastewater treatment plants about effluent management, wastewater recycling, sewerage system overflows and biosolid management\n- • details of the collection, treatment and recycling of wastewater and other water sources\n- • information about the integration of water use\n- • information for each of its wastewater treatment plants about effluent management, wastewater recycling, sewerage system overflows and biosolid management\n- (e) indicate how the SEQ service provider seeks to achieve ecological sustainability in undertaking its functions; and\n- (f) include information about the management of trade waste entering the SEQ service provider’s wastewater service; and Examples of information for paragraph (f) — • requirements for waste prevention, treatment and recycling before trade waste can be discharged to a sewer • impacts of trade waste on the infrastructure, the receiving environment and the health and safety of persons working on the wastewater service • regular reviews of trade waste\n- • requirements for waste prevention, treatment and recycling before trade waste can be discharged to a sewer\n- • impacts of trade waste on the infrastructure, the receiving environment and the health and safety of persons working on the wastewater service\n- • regular reviews of trade waste\n- (g) include information about the management of recycled water by the SEQ service provider under a recycled water scheme; and Examples of information for paragraph (g) — • information about infrastructure to produce or supply recycled water from any recycled water scheme • information about risks to the quality of recycled water and measures to address the risks • information about monitoring programs\n- • information about infrastructure to produce or supply recycled water from any recycled water scheme\n- • information about risks to the quality of recycled water and measures to address the risks\n- • information about monitoring programs\n- (h) include any other matters prescribed under a regulation, including, for example, matters included in a plan prepared by a service provider under the Water Supply Act .\n- (i) to meet performance targets and service standards for assets relating to the operation, maintenance and replacement of existing infrastructure; and\n- (ii) to provide new infrastructure to meet expected future development and growth in its relevant area, considering demand for the services based on low, medium and high population growth scenarios; and\n- (i) water losses caused by leakage from infrastructure for supplying the SEQ service provider’s water service; and\n- (ii) sewerage overflows; and\n- • details of the collection, treatment and recycling of wastewater and other water sources\n- • information about the integration of water use\n- • information for each of its wastewater treatment plants about effluent management, wastewater recycling, sewerage system overflows and biosolid management\n- • requirements for waste prevention, treatment and recycling before trade waste can be discharged to a sewer\n- • impacts of trade waste on the infrastructure, the receiving environment and the health and safety of persons working on the wastewater service\n- • regular reviews of trade waste\n- • information about infrastructure to produce or supply recycled water from any recycled water scheme\n- • information about risks to the quality of recycled water and measures to address the risks\n- • information about monitoring programs","sortOrder":534},{"sectionNumber":"ch.4B-pt.3","sectionType":"part","heading":"Particular provisions about plans","content":"# Particular provisions about plans","sortOrder":535},{"sectionNumber":"sec.99BQ","sectionType":"section","heading":"Matters SEQ service provider must have regard to in making plan","content":"### sec.99BQ Matters SEQ service provider must have regard to in making plan\n\nIn making its water netserv plan, an SEQ service provider must have regard to the following—\ndocuments that—\nare relevant to the provision of water services and wastewater services in the SEQ region; and\nthe chief executive has advised the SEQ service provider in writing are documents relevant to the making of its plan;\nSEQ regional plan\nSEQ water supply strategy under the SEQ regional plan\nthe most efficient cost asset cycle planning for the SEQ service provider’s business;\nthe total water cycle management plan—\nfor a distributor-retailer—of each of its participating local governments; or\nfor a withdrawn council—of the council; or\nfor a corporate entity (service provider)—of its establishing council;\nany guidelines relevant to the making of the plan and prepared by the chief executive under section 100C ;\nthe customer water and wastewater code.\nIn making its water netserv plan, a withdrawn council or corporate entity (service provider) must also have regard to efficient infrastructure investment and planning taking into account broader planning outcomes for the SEQ region.\nIn this section—\ntotal water cycle management plan , of a local government, means a plan about the collection, treatment and recycling of wastewater, stormwater, groundwater and other water sources and the integration of water use in its local government area.\ns 99BQ ins 2010 No. 20 s 21\namd 2012 No. 1 s 62 ; 2012 No. 39 s 13 ; 2014 No. 16 s 48 ; 2014 No. 16 s 19\n(sec.99BQ-ssec.1) In making its water netserv plan, an SEQ service provider must have regard to the following— documents that— are relevant to the provision of water services and wastewater services in the SEQ region; and the chief executive has advised the SEQ service provider in writing are documents relevant to the making of its plan; SEQ regional plan SEQ water supply strategy under the SEQ regional plan the most efficient cost asset cycle planning for the SEQ service provider’s business; the total water cycle management plan— for a distributor-retailer—of each of its participating local governments; or for a withdrawn council—of the council; or for a corporate entity (service provider)—of its establishing council; any guidelines relevant to the making of the plan and prepared by the chief executive under section 100C ; the customer water and wastewater code.\n(sec.99BQ-ssec.2) In making its water netserv plan, a withdrawn council or corporate entity (service provider) must also have regard to efficient infrastructure investment and planning taking into account broader planning outcomes for the SEQ region.\n(sec.99BQ-ssec.3) In this section— total water cycle management plan , of a local government, means a plan about the collection, treatment and recycling of wastewater, stormwater, groundwater and other water sources and the integration of water use in its local government area.\n- (a) documents that— (i) are relevant to the provision of water services and wastewater services in the SEQ region; and (ii) the chief executive has advised the SEQ service provider in writing are documents relevant to the making of its plan; Examples of relevant documents— • SEQ regional plan • SEQ water supply strategy under the SEQ regional plan\n- (i) are relevant to the provision of water services and wastewater services in the SEQ region; and\n- (ii) the chief executive has advised the SEQ service provider in writing are documents relevant to the making of its plan;\n- • SEQ regional plan\n- • SEQ water supply strategy under the SEQ regional plan\n- (b) the most efficient cost asset cycle planning for the SEQ service provider’s business;\n- (c) the total water cycle management plan— (i) for a distributor-retailer—of each of its participating local governments; or (ii) for a withdrawn council—of the council; or (iii) for a corporate entity (service provider)—of its establishing council;\n- (i) for a distributor-retailer—of each of its participating local governments; or\n- (ii) for a withdrawn council—of the council; or\n- (iii) for a corporate entity (service provider)—of its establishing council;\n- (d) any guidelines relevant to the making of the plan and prepared by the chief executive under section 100C ;\n- (e) the customer water and wastewater code.\n- (i) are relevant to the provision of water services and wastewater services in the SEQ region; and\n- (ii) the chief executive has advised the SEQ service provider in writing are documents relevant to the making of its plan;\n- • SEQ regional plan\n- • SEQ water supply strategy under the SEQ regional plan\n- (i) for a distributor-retailer—of each of its participating local governments; or\n- (ii) for a withdrawn council—of the council; or\n- (iii) for a corporate entity (service provider)—of its establishing council;","sortOrder":536},{"sectionNumber":"ch.4B-pt.4","sectionType":"part","heading":"Making and amendment","content":"# Making and amendment","sortOrder":537},{"sectionNumber":"sec.99BR","sectionType":"section","heading":"Process for making","content":"### sec.99BR Process for making\n\nTo make a water netserv plan, an SEQ service provider must—\ngive public notice about the proposal to make part A of a water netserv plan; and\ncarry out public consultation in relation to proposed part A of the plan, including—\nmaking proposed part A of the plan available for inspection for at least 20 business days; and\ninviting submissions to the SEQ service provider about proposed part A of the plan; and\nconsidering submissions mentioned in subparagraph (ii) ; and\nensure proposed part A of the plan is endorsed as follows—\nfor a distributor-retailer—by each participating local government for the distributor-retailer as being consistent with the planning assumptions for its local government area;\nfor a withdrawn council—by the council as being consistent with the planning assumptions for its local government area; and\nsubject to subsections (2) to (5) , adopt the plan under section 99BRAB .\nA participating local government or withdrawn council must endorse proposed part A of the plan if the plan is consistent with the planning assumptions for its local government area.\nAfter proposed part A of the plan is endorsed under subsection (1) (c) , the SEQ service provider must ensure the proposed part A is endorsed by the Planning Minister as being consistent with the SEQ regional plan.\nThe Planning Minister must endorse proposed part A of the plan if it is consistent with the SEQ regional plan.\nAn entity mentioned in subsection (2) or (4) is taken to endorse proposed part A of the plan if the entity has not, within 30 business days after receiving it—\nrefused to endorse proposed part A of the plan; or\nasked the SEQ service provider to change proposed part A of the plan.\nThe SEQ service provider can not adopt the plan if proposed part A of the plan is not endorsed by the Planning Minister.\nIf the SEQ service provider is a distributor-retailer, the SEQ service provider can not adopt the plan if proposed part A of the plan is not endorsed by each of its participating local governments.\ns 99BR ins 2010 No. 20 s 21\namd 2012 No. 1 s 63\nsub 2014 No. 16 s 20\n(sec.99BR-ssec.1) To make a water netserv plan, an SEQ service provider must— give public notice about the proposal to make part A of a water netserv plan; and carry out public consultation in relation to proposed part A of the plan, including— making proposed part A of the plan available for inspection for at least 20 business days; and inviting submissions to the SEQ service provider about proposed part A of the plan; and considering submissions mentioned in subparagraph (ii) ; and ensure proposed part A of the plan is endorsed as follows— for a distributor-retailer—by each participating local government for the distributor-retailer as being consistent with the planning assumptions for its local government area; for a withdrawn council—by the council as being consistent with the planning assumptions for its local government area; and subject to subsections (2) to (5) , adopt the plan under section 99BRAB .\n(sec.99BR-ssec.2) A participating local government or withdrawn council must endorse proposed part A of the plan if the plan is consistent with the planning assumptions for its local government area.\n(sec.99BR-ssec.3) After proposed part A of the plan is endorsed under subsection (1) (c) , the SEQ service provider must ensure the proposed part A is endorsed by the Planning Minister as being consistent with the SEQ regional plan.\n(sec.99BR-ssec.4) The Planning Minister must endorse proposed part A of the plan if it is consistent with the SEQ regional plan.\n(sec.99BR-ssec.5) An entity mentioned in subsection (2) or (4) is taken to endorse proposed part A of the plan if the entity has not, within 30 business days after receiving it— refused to endorse proposed part A of the plan; or asked the SEQ service provider to change proposed part A of the plan.\n(sec.99BR-ssec.6) The SEQ service provider can not adopt the plan if proposed part A of the plan is not endorsed by the Planning Minister.\n(sec.99BR-ssec.7) If the SEQ service provider is a distributor-retailer, the SEQ service provider can not adopt the plan if proposed part A of the plan is not endorsed by each of its participating local governments.\n- (a) give public notice about the proposal to make part A of a water netserv plan; and\n- (b) carry out public consultation in relation to proposed part A of the plan, including— (i) making proposed part A of the plan available for inspection for at least 20 business days; and (ii) inviting submissions to the SEQ service provider about proposed part A of the plan; and (iii) considering submissions mentioned in subparagraph (ii) ; and\n- (i) making proposed part A of the plan available for inspection for at least 20 business days; and\n- (ii) inviting submissions to the SEQ service provider about proposed part A of the plan; and\n- (iii) considering submissions mentioned in subparagraph (ii) ; and\n- (c) ensure proposed part A of the plan is endorsed as follows— (i) for a distributor-retailer—by each participating local government for the distributor-retailer as being consistent with the planning assumptions for its local government area; (ii) for a withdrawn council—by the council as being consistent with the planning assumptions for its local government area; and\n- (i) for a distributor-retailer—by each participating local government for the distributor-retailer as being consistent with the planning assumptions for its local government area;\n- (ii) for a withdrawn council—by the council as being consistent with the planning assumptions for its local government area; and\n- (d) subject to subsections (2) to (5) , adopt the plan under section 99BRAB .\n- (i) making proposed part A of the plan available for inspection for at least 20 business days; and\n- (ii) inviting submissions to the SEQ service provider about proposed part A of the plan; and\n- (iii) considering submissions mentioned in subparagraph (ii) ; and\n- (i) for a distributor-retailer—by each participating local government for the distributor-retailer as being consistent with the planning assumptions for its local government area;\n- (ii) for a withdrawn council—by the council as being consistent with the planning assumptions for its local government area; and\n- (a) refused to endorse proposed part A of the plan; or\n- (b) asked the SEQ service provider to change proposed part A of the plan.","sortOrder":538},{"sectionNumber":"sec.99BRAA","sectionType":"section","heading":"Process for amending plan","content":"### sec.99BRAA Process for amending plan\n\nAn SEQ service provider may, under this section and section 99BRAB , amend its water netserv plan.\nAn administrative amendment to part A of the plan or any amendment to part B of the plan may be made at any time.\nBefore making a minor amendment to part A of the plan, the SEQ service provider must—\ngive public notice about the minor amendment; and\ncarry out public consultation in relation to the minor amendment including—\nmaking the minor amendment available for inspection for at least 10 business days; and\ninviting submissions to the SEQ service provider about the minor amendment; and\nconsidering submissions mentioned in subparagraph (ii) .\nSection 99BR applies to a major amendment to part A of the plan, as if a reference in the section to the plan were a reference to the amendment.\nIn this section—\nadministrative amendment , of a water netserv plan, means an amendment correcting or changing—\nthe format or presentation of the plan; or\na cross-reference in the plan; or\na spelling, grammatical or mapping error in the plan; or\na factual matter incorrectly stated in the plan; or\na redundant or outdated term in the plan; or\ninconsistent numbering of provisions in the plan; or\nthe expression of a number, year, date, time or amount in the plan; or\na charge under section 99BO (1) (g) or 99BOB .\nmajor amendment , of a water netserv plan, means an amendment to the plan other than an administrative amendment or minor amendment of the plan.\nminor amendment , of a water netserv plan, means—\nan amendment to the plan because of a change under section 99BL (3) to the SEQ service provider’s connections policy; or\nan amendment of the connections policy, other than an amendment to the future connection area; or\nan amendment of the schedule of works included in the plan.\ns 99BRAA ins 2014 No. 16 s 20\n(sec.99BRAA-ssec.1) An SEQ service provider may, under this section and section 99BRAB , amend its water netserv plan.\n(sec.99BRAA-ssec.2) An administrative amendment to part A of the plan or any amendment to part B of the plan may be made at any time.\n(sec.99BRAA-ssec.3) Before making a minor amendment to part A of the plan, the SEQ service provider must— give public notice about the minor amendment; and carry out public consultation in relation to the minor amendment including— making the minor amendment available for inspection for at least 10 business days; and inviting submissions to the SEQ service provider about the minor amendment; and considering submissions mentioned in subparagraph (ii) .\n(sec.99BRAA-ssec.4) Section 99BR applies to a major amendment to part A of the plan, as if a reference in the section to the plan were a reference to the amendment.\n(sec.99BRAA-ssec.5) In this section— administrative amendment , of a water netserv plan, means an amendment correcting or changing— the format or presentation of the plan; or a cross-reference in the plan; or a spelling, grammatical or mapping error in the plan; or a factual matter incorrectly stated in the plan; or a redundant or outdated term in the plan; or inconsistent numbering of provisions in the plan; or the expression of a number, year, date, time or amount in the plan; or a charge under section 99BO (1) (g) or 99BOB . major amendment , of a water netserv plan, means an amendment to the plan other than an administrative amendment or minor amendment of the plan. minor amendment , of a water netserv plan, means— an amendment to the plan because of a change under section 99BL (3) to the SEQ service provider’s connections policy; or an amendment of the connections policy, other than an amendment to the future connection area; or an amendment of the schedule of works included in the plan.\n- (a) give public notice about the minor amendment; and\n- (b) carry out public consultation in relation to the minor amendment including— (i) making the minor amendment available for inspection for at least 10 business days; and (ii) inviting submissions to the SEQ service provider about the minor amendment; and (iii) considering submissions mentioned in subparagraph (ii) .\n- (i) making the minor amendment available for inspection for at least 10 business days; and\n- (ii) inviting submissions to the SEQ service provider about the minor amendment; and\n- (iii) considering submissions mentioned in subparagraph (ii) .\n- (i) making the minor amendment available for inspection for at least 10 business days; and\n- (ii) inviting submissions to the SEQ service provider about the minor amendment; and\n- (iii) considering submissions mentioned in subparagraph (ii) .\n- (a) the format or presentation of the plan; or\n- (b) a cross-reference in the plan; or\n- (c) a spelling, grammatical or mapping error in the plan; or\n- (d) a factual matter incorrectly stated in the plan; or\n- (e) a redundant or outdated term in the plan; or\n- (f) inconsistent numbering of provisions in the plan; or\n- (g) the expression of a number, year, date, time or amount in the plan; or\n- (h) a charge under section 99BO (1) (g) or 99BOB .\n- (a) an amendment to the plan because of a change under section 99BL (3) to the SEQ service provider’s connections policy; or\n- (b) an amendment of the connections policy, other than an amendment to the future connection area; or\n- (c) an amendment of the schedule of works included in the plan.","sortOrder":539},{"sectionNumber":"sec.99BRAB","sectionType":"section","heading":"Adoption of plan or amendment","content":"### sec.99BRAB Adoption of plan or amendment\n\nA water netserv plan or an amendment of a plan must be adopted for an SEQ service provider by—\nfor a distributor-retailer—its board; or\nfor a withdrawn council—the council.\nIf, for a distributor-retailer’s plan, the amendment of the plan is an administrative amendment or minor amendment, the chief executive officer of the distributor-retailer may adopt the amendment.\nThe plan or amendment of the plan takes effect on a day stated in a resolution of the board or council.\nThe stated day can not be before the adoption.\nAs soon as practicable after the adoption of the plan, or a major amendment of the plan, the SEQ service provider must give the following notice of that fact—\nthe Planning Minister;\nif it is a distributor-retailer—its participating local governments.\ns 99BRAB ins 2014 No. 16 s 20\n(sec.99BRAB-ssec.1) A water netserv plan or an amendment of a plan must be adopted for an SEQ service provider by— for a distributor-retailer—its board; or for a withdrawn council—the council.\n(sec.99BRAB-ssec.2) If, for a distributor-retailer’s plan, the amendment of the plan is an administrative amendment or minor amendment, the chief executive officer of the distributor-retailer may adopt the amendment.\n(sec.99BRAB-ssec.3) The plan or amendment of the plan takes effect on a day stated in a resolution of the board or council.\n(sec.99BRAB-ssec.4) The stated day can not be before the adoption.\n(sec.99BRAB-ssec.5) As soon as practicable after the adoption of the plan, or a major amendment of the plan, the SEQ service provider must give the following notice of that fact— the Planning Minister; if it is a distributor-retailer—its participating local governments.\n- (a) for a distributor-retailer—its board; or\n- (b) for a withdrawn council—the council.\n- (a) the Planning Minister;\n- (b) if it is a distributor-retailer—its participating local governments.","sortOrder":540},{"sectionNumber":"ch.4C-pt.1","sectionType":"part","heading":"Services advice notices","content":"# Services advice notices","sortOrder":541},{"sectionNumber":"sec.99BRAC","sectionType":"section","heading":"Obtaining notice","content":"### sec.99BRAC Obtaining notice\n\nA person may, at any time, request a notice (a services advice notice ) about a connection from a distributor-retailer.\nThe request must be made in the way stated in the distributor-retailer’s connections policy.\nThe distributor-retailer may give the person a services advice notice stating—\nadvice about the proposed connection having regard to its connections policy; and\nthe charges and conditions that may apply to the connection; and\nany other relevant matter about the connection.\nThe distributor-retailer may impose a fee stated in the connections policy for the services advice notice.\ns 99BRAC ins 2014 No. 16 s 21\n(sec.99BRAC-ssec.1) A person may, at any time, request a notice (a services advice notice ) about a connection from a distributor-retailer.\n(sec.99BRAC-ssec.2) The request must be made in the way stated in the distributor-retailer’s connections policy.\n(sec.99BRAC-ssec.3) The distributor-retailer may give the person a services advice notice stating— advice about the proposed connection having regard to its connections policy; and the charges and conditions that may apply to the connection; and any other relevant matter about the connection.\n(sec.99BRAC-ssec.4) The distributor-retailer may impose a fee stated in the connections policy for the services advice notice.\n- (a) advice about the proposed connection having regard to its connections policy; and\n- (b) the charges and conditions that may apply to the connection; and\n- (c) any other relevant matter about the connection.","sortOrder":542},{"sectionNumber":"sec.99BRAD","sectionType":"section","heading":"Water approval still required","content":"### sec.99BRAD Water approval still required\n\nDespite any services advice notice being given, if the person intends to make the connection, the person must apply for a water approval.\nThe services advice notice does not bind the distributor-retailer’s decision if the person applies for the water approval.\ns 99BRAD ins 2014 No. 16 s 21\n(sec.99BRAD-ssec.1) Despite any services advice notice being given, if the person intends to make the connection, the person must apply for a water approval.\n(sec.99BRAD-ssec.2) The services advice notice does not bind the distributor-retailer’s decision if the person applies for the water approval.","sortOrder":543},{"sectionNumber":"ch.4C-pt.2","sectionType":"part","heading":"Water approvals","content":"# Water approvals","sortOrder":544},{"sectionNumber":"ch.4C-pt.2-div.1","sectionType":"division","heading":"Application and decision process","content":"## Application and decision process","sortOrder":545},{"sectionNumber":"sec.99BRAE","sectionType":"section","heading":"Operation of pt 2","content":"### sec.99BRAE Operation of pt 2\n\nThis part provides for a person (the applicant ) to apply for a water approval for a connection, other than a standard connection, for a distributor-retailer.\nFor provisions relevant to water approvals and offences under the Water Supply Act , see the Water Supply Act , chapter 2 , part 5 , division 6 .\ns 99BRAE ins 2014 No. 16 s 21","sortOrder":546},{"sectionNumber":"sec.99BRAF","sectionType":"section","heading":"Applying for water approval","content":"### sec.99BRAF Applying for water approval\n\nThe application must be made to the distributor-retailer in the way stated in its connections policy.\nIf the applicant is not the owner of the land related to the connection, the owner’s written consent must accompany the application.\nthe land for the connection\nland for which access is required for the connection\nHowever, subsection (2) does not apply to the extent the application relates to a publicly-controlled place.\nIf the application is required to be made in a form under the connections policy, the Acts Interpretation Act 1954 , section 48A applies to the form as if the form were prescribed or approved under this Act.\nThe distributor-retailer may impose a fee stated in the connections policy for the application.\ns 99BRAF ins 2014 No. 16 s 21\namd 2014 No. 36 s 22A\n(sec.99BRAF-ssec.1) The application must be made to the distributor-retailer in the way stated in its connections policy.\n(sec.99BRAF-ssec.2) If the applicant is not the owner of the land related to the connection, the owner’s written consent must accompany the application. the land for the connection land for which access is required for the connection\n(sec.99BRAF-ssec.2A) However, subsection (2) does not apply to the extent the application relates to a publicly-controlled place.\n(sec.99BRAF-ssec.3) If the application is required to be made in a form under the connections policy, the Acts Interpretation Act 1954 , section 48A applies to the form as if the form were prescribed or approved under this Act.\n(sec.99BRAF-ssec.4) The distributor-retailer may impose a fee stated in the connections policy for the application.\n- • the land for the connection\n- • land for which access is required for the connection","sortOrder":547},{"sectionNumber":"sec.99BRAG","sectionType":"section","heading":"Decision generally","content":"### sec.99BRAG Decision generally\n\nIn deciding the application, the distributor-retailer must assess the application and—\napprove all or part of the application; or\nrefuse all of the application.\nThe decision may include the imposition of conditions ( water approval conditions ) permitted under division 2 and part 7 on any approval.\nThe assessment must be against—\nthe decision criteria stated in its connections policy; and\nthe SEQ design and construction code; and\nany other matter the distributor-retailer considers to be relevant to the connection or supply of its water services or wastewater services.\ns 99BRAG ins 2014 No. 16 s 21\namd 2014 No. 36 s 23\n(sec.99BRAG-ssec.1) In deciding the application, the distributor-retailer must assess the application and— approve all or part of the application; or refuse all of the application.\n(sec.99BRAG-ssec.2) The decision may include the imposition of conditions ( water approval conditions ) permitted under division 2 and part 7 on any approval.\n(sec.99BRAG-ssec.3) The assessment must be against— the decision criteria stated in its connections policy; and the SEQ design and construction code; and any other matter the distributor-retailer considers to be relevant to the connection or supply of its water services or wastewater services.\n- (a) approve all or part of the application; or\n- (b) refuse all of the application.\n- (a) the decision criteria stated in its connections policy; and\n- (b) the SEQ design and construction code; and\n- (c) any other matter the distributor-retailer considers to be relevant to the connection or supply of its water services or wastewater services.","sortOrder":548},{"sectionNumber":"sec.99BRAH","sectionType":"section","heading":"Other decision rules","content":"### sec.99BRAH Other decision rules\n\nThe distributor-retailer may refuse the application if it considers the connection—\nis not technically feasible; or\nwould unreasonably interfere with the connection or supply of its water services or wastewater services to other customers.\ns 99BRAH ins 2014 No. 16 s 21\n- (a) is not technically feasible; or\n- (b) would unreasonably interfere with the connection or supply of its water services or wastewater services to other customers.","sortOrder":549},{"sectionNumber":"sec.99BRAI","sectionType":"section","heading":"Decision notice","content":"### sec.99BRAI Decision notice\n\nThe distributor-retailer must give the applicant a notice (a decision notice ) of the decision on the application.\nThe decision notice must state—\nthe decision and the day it was made; and\nif the application is refused, or part of the application is approved—the reasons for refusal; and\nfor an application other than a staged water connection application—any water approval conditions imposed or charges levied for the connection; and\nfor a staged water connection application—\nany water approval conditions imposed or charges levied for the connection; and\nthe stages of the connection; and\nwhich stages of the connection (if any) are authorised under the water approval; and\nany water approval conditions imposed, or charges levied, on a stage of the connection authorised under the water approval; and\nwhich stages of the connection require a further application for a water approval; and\nfor each water approval condition about trunk or non-trunk infrastructure imposed under this chapter—the provision under which the condition was imposed; and\nthe applicant’s rights of internal review and appeal.\nThe decision notice may be combined with any trade waste approval or seepage water approval given to the applicant.\nIf the distributor-retailer does not give the applicant a decision notice within the period during which the application is required to be decided under the connections policy, the distributor-retailer is taken to have refused the application.\ns 99BRAI ins 2014 No. 16 s 21\namd 2014 No. 36 s 24\n(sec.99BRAI-ssec.1) The distributor-retailer must give the applicant a notice (a decision notice ) of the decision on the application.\n(sec.99BRAI-ssec.2) The decision notice must state— the decision and the day it was made; and if the application is refused, or part of the application is approved—the reasons for refusal; and for an application other than a staged water connection application—any water approval conditions imposed or charges levied for the connection; and for a staged water connection application— any water approval conditions imposed or charges levied for the connection; and the stages of the connection; and which stages of the connection (if any) are authorised under the water approval; and any water approval conditions imposed, or charges levied, on a stage of the connection authorised under the water approval; and which stages of the connection require a further application for a water approval; and for each water approval condition about trunk or non-trunk infrastructure imposed under this chapter—the provision under which the condition was imposed; and the applicant’s rights of internal review and appeal.\n(sec.99BRAI-ssec.3) The decision notice may be combined with any trade waste approval or seepage water approval given to the applicant.\n(sec.99BRAI-ssec.4) If the distributor-retailer does not give the applicant a decision notice within the period during which the application is required to be decided under the connections policy, the distributor-retailer is taken to have refused the application.\n- (a) the decision and the day it was made; and\n- (b) if the application is refused, or part of the application is approved—the reasons for refusal; and\n- (c) for an application other than a staged water connection application—any water approval conditions imposed or charges levied for the connection; and\n- (d) for a staged water connection application— (i) any water approval conditions imposed or charges levied for the connection; and (ii) the stages of the connection; and (iii) which stages of the connection (if any) are authorised under the water approval; and (iv) any water approval conditions imposed, or charges levied, on a stage of the connection authorised under the water approval; and (v) which stages of the connection require a further application for a water approval; and\n- (i) any water approval conditions imposed or charges levied for the connection; and\n- (ii) the stages of the connection; and\n- (iii) which stages of the connection (if any) are authorised under the water approval; and\n- (iv) any water approval conditions imposed, or charges levied, on a stage of the connection authorised under the water approval; and\n- (v) which stages of the connection require a further application for a water approval; and\n- (e) for each water approval condition about trunk or non-trunk infrastructure imposed under this chapter—the provision under which the condition was imposed; and\n- (f) the applicant’s rights of internal review and appeal.\n- (i) any water approval conditions imposed or charges levied for the connection; and\n- (ii) the stages of the connection; and\n- (iii) which stages of the connection (if any) are authorised under the water approval; and\n- (iv) any water approval conditions imposed, or charges levied, on a stage of the connection authorised under the water approval; and\n- (v) which stages of the connection require a further application for a water approval; and","sortOrder":550},{"sectionNumber":"ch.4C-pt.2-div.2","sectionType":"division","heading":"Conditions and charges","content":"## Conditions and charges","sortOrder":551},{"sectionNumber":"sec.99BRAJ","sectionType":"section","heading":"Water approval conditions must be relevant and reasonable","content":"### sec.99BRAJ Water approval conditions must be relevant and reasonable\n\nWater approval conditions must—\nbe relevant to, but not an unreasonable imposition on, the connection; or\nbe reasonably required for, or as a result of, the connection.\nWithout limiting subsection (1) , the conditions may be for any of the following—\nthe level of demand for the water service or wastewater service for the connection;\nprotecting or maintaining the safety and efficiency of the distributor-retailer’s infrastructure;\nrequiring property service infrastructure or network infrastructure to be designed and constructed including infrastructure designed and constructed in accordance with the SEQ design and construction code;\nrequiring a document or works for the water approval to be certified by the distributor-retailer or a nominated person;\nrequiring a nominated person to make a connection to the distributor-retailer’s network infrastructure;\nrequiring a connection, or part of it, to be completed within a stated period;\nrequiring the payment of security under an agreement under section 99BRAL to support a condition of the approval;\ntrunk infrastructure or non-trunk infrastructure.\nHowever, a water approval condition must not—\nimpose a condition about trunk infrastructure or non-trunk infrastructure unless the condition is permitted to be imposed under part 7 , divisions 4 to 6 ; or\nrequire a person to enter into a water infrastructure agreement.\nIf a water approval is for all or part of a staged water connection application, the water approval conditions for the approval may be imposed on any or all stages of the connection.\ns 99BRAJ ins 2014 No. 16 s 21\namd 2014 No. 36 s 25\n(sec.99BRAJ-ssec.1) Water approval conditions must— be relevant to, but not an unreasonable imposition on, the connection; or be reasonably required for, or as a result of, the connection.\n(sec.99BRAJ-ssec.2) Without limiting subsection (1) , the conditions may be for any of the following— the level of demand for the water service or wastewater service for the connection; protecting or maintaining the safety and efficiency of the distributor-retailer’s infrastructure; requiring property service infrastructure or network infrastructure to be designed and constructed including infrastructure designed and constructed in accordance with the SEQ design and construction code; requiring a document or works for the water approval to be certified by the distributor-retailer or a nominated person; requiring a nominated person to make a connection to the distributor-retailer’s network infrastructure; requiring a connection, or part of it, to be completed within a stated period; requiring the payment of security under an agreement under section 99BRAL to support a condition of the approval; trunk infrastructure or non-trunk infrastructure.\n(sec.99BRAJ-ssec.3) However, a water approval condition must not— impose a condition about trunk infrastructure or non-trunk infrastructure unless the condition is permitted to be imposed under part 7 , divisions 4 to 6 ; or require a person to enter into a water infrastructure agreement.\n(sec.99BRAJ-ssec.4) If a water approval is for all or part of a staged water connection application, the water approval conditions for the approval may be imposed on any or all stages of the connection.\n- (a) be relevant to, but not an unreasonable imposition on, the connection; or\n- (b) be reasonably required for, or as a result of, the connection.\n- (a) the level of demand for the water service or wastewater service for the connection;\n- (b) protecting or maintaining the safety and efficiency of the distributor-retailer’s infrastructure;\n- (c) requiring property service infrastructure or network infrastructure to be designed and constructed including infrastructure designed and constructed in accordance with the SEQ design and construction code;\n- (d) requiring a document or works for the water approval to be certified by the distributor-retailer or a nominated person;\n- (e) requiring a nominated person to make a connection to the distributor-retailer’s network infrastructure;\n- (f) requiring a connection, or part of it, to be completed within a stated period;\n- (g) requiring the payment of security under an agreement under section 99BRAL to support a condition of the approval;\n- (h) trunk infrastructure or non-trunk infrastructure.\n- (a) impose a condition about trunk infrastructure or non-trunk infrastructure unless the condition is permitted to be imposed under part 7 , divisions 4 to 6 ; or\n- (b) require a person to enter into a water infrastructure agreement.","sortOrder":552},{"sectionNumber":"sec.99BRAK","sectionType":"section","heading":"Power to amend","content":"### sec.99BRAK Power to amend\n\nThis section applies if the holder of a water approval asks the distributor-retailer, in the way stated in its connections policy, to amend a water approval condition of the approval.\nThe distributor-retailer must decide to—\napprove the request, with or without conditions; or\nrefuse the request.\nDivision 1 , other than section 99BRAI , applies to the decision, with any necessary changes, as if a reference in the division to an application were a reference to an application for the amendment.\nThe distributor-retailer must give the applicant notice (an amendment notice ) of the decision about the condition stating the following—\nthe day the decision was made;\nwhether the request is approved or refused;\nif the request is refused, the reasons for refusal;\nthe applicant’s rights of internal review and appeal.\nIf the condition is amended under this section—\nthe condition as amended, and any conditions imposed under subsection (2) (a) , take effect when the amendment notice is given to the applicant; and\nany conditions imposed under subsection (2) (a) are taken to be water approval conditions of the water approval; and\nthe distributor-retailer may give the applicant an infrastructure charges notice under part 7 , division 3 , subdivision 3 if the notice relates to the amended condition.\nIf an infrastructure charges notice is given under subsection (5) (c) for a water approval, the notice replaces any existing infrastructure charges notice in effect for the approval.\nTo avoid any doubt, it is declared that despite an amendment to a condition of a water approval—\nthe water approval continues in effect; and\na condition amended under this section is a water approval condition.\ns 99BRAK ins 2014 No. 16 s 21\namd 2014 No. 36 s 26 ; 2014 No. 64 s 51B\n(sec.99BRAK-ssec.1) This section applies if the holder of a water approval asks the distributor-retailer, in the way stated in its connections policy, to amend a water approval condition of the approval.\n(sec.99BRAK-ssec.2) The distributor-retailer must decide to— approve the request, with or without conditions; or refuse the request.\n(sec.99BRAK-ssec.3) Division 1 , other than section 99BRAI , applies to the decision, with any necessary changes, as if a reference in the division to an application were a reference to an application for the amendment.\n(sec.99BRAK-ssec.4) The distributor-retailer must give the applicant notice (an amendment notice ) of the decision about the condition stating the following— the day the decision was made; whether the request is approved or refused; if the request is refused, the reasons for refusal; the applicant’s rights of internal review and appeal.\n(sec.99BRAK-ssec.5) If the condition is amended under this section— the condition as amended, and any conditions imposed under subsection (2) (a) , take effect when the amendment notice is given to the applicant; and any conditions imposed under subsection (2) (a) are taken to be water approval conditions of the water approval; and the distributor-retailer may give the applicant an infrastructure charges notice under part 7 , division 3 , subdivision 3 if the notice relates to the amended condition.\n(sec.99BRAK-ssec.5A) If an infrastructure charges notice is given under subsection (5) (c) for a water approval, the notice replaces any existing infrastructure charges notice in effect for the approval.\n(sec.99BRAK-ssec.6) To avoid any doubt, it is declared that despite an amendment to a condition of a water approval— the water approval continues in effect; and a condition amended under this section is a water approval condition.\n- (a) approve the request, with or without conditions; or\n- (b) refuse the request.\n- (a) the day the decision was made;\n- (b) whether the request is approved or refused;\n- (c) if the request is refused, the reasons for refusal;\n- (d) the applicant’s rights of internal review and appeal.\n- (a) the condition as amended, and any conditions imposed under subsection (2) (a) , take effect when the amendment notice is given to the applicant; and\n- (b) any conditions imposed under subsection (2) (a) are taken to be water approval conditions of the water approval; and\n- (c) the distributor-retailer may give the applicant an infrastructure charges notice under part 7 , division 3 , subdivision 3 if the notice relates to the amended condition.\n- (a) the water approval continues in effect; and\n- (b) a condition amended under this section is a water approval condition.","sortOrder":553},{"sectionNumber":"sec.99BRAL","sectionType":"section","heading":"Water approval condition agreements","content":"### sec.99BRAL Water approval condition agreements\n\nThe holder of a water approval may enter into an agreement with an entity, including, for example, a distributor-retailer, to establish the obligations, or secure the performance, of a party to the agreement about a water approval condition of the approval.\nAn applicant for a connection, the distributor-retailer and a nominated person may enter into an agreement to establish the obligations, or secure the performance, of a party to the agreement about a proposed water approval condition for the connection.\ns 99BRAL ins 2014 No. 16 s 21\n(sec.99BRAL-ssec.1) The holder of a water approval may enter into an agreement with an entity, including, for example, a distributor-retailer, to establish the obligations, or secure the performance, of a party to the agreement about a water approval condition of the approval.\n(sec.99BRAL-ssec.2) An applicant for a connection, the distributor-retailer and a nominated person may enter into an agreement to establish the obligations, or secure the performance, of a party to the agreement about a proposed water approval condition for the connection.","sortOrder":554},{"sectionNumber":"sec.99BRAM","sectionType":"section","heading":"Water infrastructure agreement terms become water approval conditions","content":"### sec.99BRAM Water infrastructure agreement terms become water approval conditions\n\nIf there is a water infrastructure agreement and a water approval for the same connection, all terms of the agreement are taken to be water approval conditions of the approval.\nFor provisions about water infrastructure agreements, see part 7 , division 7 .\ns 99BRAM ins 2014 No. 36 s 27","sortOrder":555},{"sectionNumber":"sec.99BRAN","sectionType":"section","heading":"Charges that may be levied","content":"### sec.99BRAN Charges that may be levied\n\nA distributor-retailer may levy a charge for any of the following—\na property service connection or a network connection (a connection charge );\nproperty service infrastructure (a property service works charge ).\nThe charges may be levied on any stage of the relevant connection.\nThe distributor-retailer may recover from a person to whom the charge is levied the amount, or part of the amount, of the charge as a debt.\ns 99BRAN ins 2014 No. 16 s 21\n(sec.99BRAN-ssec.1) A distributor-retailer may levy a charge for any of the following— a property service connection or a network connection (a connection charge ); property service infrastructure (a property service works charge ).\n(sec.99BRAN-ssec.2) The charges may be levied on any stage of the relevant connection.\n(sec.99BRAN-ssec.3) The distributor-retailer may recover from a person to whom the charge is levied the amount, or part of the amount, of the charge as a debt.\n- (a) a property service connection or a network connection (a connection charge );\n- (b) property service infrastructure (a property service works charge ).","sortOrder":556},{"sectionNumber":"ch.4C-pt.2-div.3","sectionType":"division","heading":"Effect of water approvals","content":"## Effect of water approvals","sortOrder":557},{"sectionNumber":"sec.99BRAO","sectionType":"section","heading":"When approval takes effect","content":"### sec.99BRAO When approval takes effect\n\nA decision notice for a water approval is taken to be a water approval having effect from when the decision notice is given to the applicant.\ns 99BRAO ins 2014 No. 16 s 21","sortOrder":558},{"sectionNumber":"sec.99BRAP","sectionType":"section","heading":"When approval lapses","content":"### sec.99BRAP When approval lapses\n\nA water approval has effect until it lapses under a condition of the approval.\ns 99BRAP ins 2014 No. 16 s 21","sortOrder":559},{"sectionNumber":"sec.99BRAQ","sectionType":"section","heading":"Approval attaches to land","content":"### sec.99BRAQ Approval attaches to land\n\nA water approval—\nattaches to the land to which the approval relates until the approval lapses; and\nbinds the owner of the land, the owner’s successors in title and any occupier of the land.\nSubsection (3) applies if a water approval (a prior approval ) attaches to land and another water approval (a later approval ) attaches to the land after the prior approval.\nSubsection (1) continues to apply to the prior approval but only to the extent the prior approval is not modified under the later approval.\ns 99BRAQ ins 2014 No. 16 s 21\n(sec.99BRAQ-ssec.1) A water approval— attaches to the land to which the approval relates until the approval lapses; and binds the owner of the land, the owner’s successors in title and any occupier of the land.\n(sec.99BRAQ-ssec.2) Subsection (3) applies if a water approval (a prior approval ) attaches to land and another water approval (a later approval ) attaches to the land after the prior approval.\n(sec.99BRAQ-ssec.3) Subsection (1) continues to apply to the prior approval but only to the extent the prior approval is not modified under the later approval.\n- (a) attaches to the land to which the approval relates until the approval lapses; and\n- (b) binds the owner of the land, the owner’s successors in title and any occupier of the land.","sortOrder":560},{"sectionNumber":"sec.99BRAR","sectionType":"section","heading":"Notice about conditions, fees and charges","content":"### sec.99BRAR Notice about conditions, fees and charges\n\nThe distributor-retailer may give a holder of a water approval a notice stating whether the holder has—\ncomplied with the conditions of the approval; and\npaid the fees and charges under the approval.\ns 99BRAR ins 2014 No. 16 s 21\n- (a) complied with the conditions of the approval; and\n- (b) paid the fees and charges under the approval.","sortOrder":561},{"sectionNumber":"sec.99BRAS","sectionType":"section","heading":"Authority to make a connection","content":"### sec.99BRAS Authority to make a connection\n\nThe water approval authorises the making of a connection to the extent authorised under the approval.\nHowever, a distributor-retailer or a person authorised by the distributor-retailer may make a connection, or carry out works for the connection, without a water approval.\ns 99BRAS ins 2014 No. 16 s 21\n(sec.99BRAS-ssec.1) The water approval authorises the making of a connection to the extent authorised under the approval.\n(sec.99BRAS-ssec.2) However, a distributor-retailer or a person authorised by the distributor-retailer may make a connection, or carry out works for the connection, without a water approval.","sortOrder":562},{"sectionNumber":"sec.99BRAT","sectionType":"section","heading":"Assessment of connections, water approvals and works","content":"### sec.99BRAT Assessment of connections, water approvals and works\n\nTo avoid any doubt, it is declared that—\na water approval for a connection including works for the connection, or a grant of a standard connection including works for the connection, is a complete assessment of the connection or works; and\na connection including works for the connection can not be assessed or authorised under a local law or any other law of a State.\nSubsection (1) does not apply to a connection, including works for the connection—\nin a priority development area under the Economic Development Act 2012 ; or\non PDA-associated land for a priority development area under the Economic Development Act 2012 .\ns 99BRAT ins 2014 No. 16 s 21\namd 2014 No. 36 s 28 ; 2016 No. 17 s 135\n(sec.99BRAT-ssec.1) To avoid any doubt, it is declared that— a water approval for a connection including works for the connection, or a grant of a standard connection including works for the connection, is a complete assessment of the connection or works; and a connection including works for the connection can not be assessed or authorised under a local law or any other law of a State.\n(sec.99BRAT-ssec.2) Subsection (1) does not apply to a connection, including works for the connection— in a priority development area under the Economic Development Act 2012 ; or on PDA-associated land for a priority development area under the Economic Development Act 2012 .\n- (a) a water approval for a connection including works for the connection, or a grant of a standard connection including works for the connection, is a complete assessment of the connection or works; and\n- (b) a connection including works for the connection can not be assessed or authorised under a local law or any other law of a State.\n- (a) in a priority development area under the Economic Development Act 2012 ; or\n- (b) on PDA-associated land for a priority development area under the Economic Development Act 2012 .","sortOrder":563},{"sectionNumber":"ch.4C-pt.3","sectionType":"part","heading":"Standard connections","content":"# Standard connections","sortOrder":564},{"sectionNumber":"sec.99BRAU","sectionType":"section","heading":"Requests for standard connections","content":"### sec.99BRAU Requests for standard connections\n\nThis section applies if a connection (a standard connection ) complies with a distributor-retailer’s criteria mentioned in section 99BOA (a) for the connection area.\nA person may ask the distributor-retailer for the standard connection.\nThe distributor-retailer must grant the request if—\nthe person pays the fee for the request stated in the distributor-retailer’s connections policy; and\nif the land related to the standard connection is land other than a publicly-controlled place and the person making the request is not the owner of the land—the owner has given written consent to the connection.\nthe land for the connection\nland for which access is required for the connection\nThe grant of the request must be made within 5 business days after receiving it or another period agreed to by the distributor-retailer and the person.\nThe distributor-retailer must, within 5 business days of granting the request, give the person a notice stating—\nthe standard conditions for the standard connection; and\na charge for the standard connection under this part.\nThe grant is taken to be a water approval for the standard connection and has effect from when the person receives the notice.\nPart 2 , division 3 and part 7 , divisions 3 to 7 apply to a standard connection that is taken to be a water approval.\nThe standard connection is subject to the conditions (the standard conditions ) stated in the distributor-retailer’s connections policy under section 99BOA (a) .\nThe distributor-retailer may impose a fee stated in the connections policy for the request under this section.\ns 99BRAU ins 2014 No. 16 s 21\namd 2014 No. 36 s 29\n(sec.99BRAU-ssec.1) This section applies if a connection (a standard connection ) complies with a distributor-retailer’s criteria mentioned in section 99BOA (a) for the connection area.\n(sec.99BRAU-ssec.2) A person may ask the distributor-retailer for the standard connection.\n(sec.99BRAU-ssec.3) The distributor-retailer must grant the request if— the person pays the fee for the request stated in the distributor-retailer’s connections policy; and if the land related to the standard connection is land other than a publicly-controlled place and the person making the request is not the owner of the land—the owner has given written consent to the connection. the land for the connection land for which access is required for the connection\n(sec.99BRAU-ssec.4) The grant of the request must be made within 5 business days after receiving it or another period agreed to by the distributor-retailer and the person.\n(sec.99BRAU-ssec.5) The distributor-retailer must, within 5 business days of granting the request, give the person a notice stating— the standard conditions for the standard connection; and a charge for the standard connection under this part.\n(sec.99BRAU-ssec.6) The grant is taken to be a water approval for the standard connection and has effect from when the person receives the notice. Part 2 , division 3 and part 7 , divisions 3 to 7 apply to a standard connection that is taken to be a water approval.\n(sec.99BRAU-ssec.7) The standard connection is subject to the conditions (the standard conditions ) stated in the distributor-retailer’s connections policy under section 99BOA (a) .\n(sec.99BRAU-ssec.8) The distributor-retailer may impose a fee stated in the connections policy for the request under this section.\n- (a) the person pays the fee for the request stated in the distributor-retailer’s connections policy; and\n- (b) if the land related to the standard connection is land other than a publicly-controlled place and the person making the request is not the owner of the land—the owner has given written consent to the connection. Examples of land related to the connection— • the land for the connection • land for which access is required for the connection\n- • the land for the connection\n- • land for which access is required for the connection\n- • the land for the connection\n- • land for which access is required for the connection\n- (a) the standard conditions for the standard connection; and\n- (b) a charge for the standard connection under this part.","sortOrder":565},{"sectionNumber":"sec.99BRAV","sectionType":"section","heading":"Charges that may be levied","content":"### sec.99BRAV Charges that may be levied\n\nA distributor-retailer may, for a standard connection, levy a charge for any of the following—\na property service connection or a network connection (a connection charge );\nproperty service infrastructure (a property service works charge ).\nThe distributor-retailer may recover from a person to whom the charge is levied the amount, or part of the amount, of the charge as a debt.\ns 99BRAV ins 2014 No. 16 s 21\n(sec.99BRAV-ssec.1) A distributor-retailer may, for a standard connection, levy a charge for any of the following— a property service connection or a network connection (a connection charge ); property service infrastructure (a property service works charge ).\n(sec.99BRAV-ssec.2) The distributor-retailer may recover from a person to whom the charge is levied the amount, or part of the amount, of the charge as a debt.\n- (a) a property service connection or a network connection (a connection charge );\n- (b) property service infrastructure (a property service works charge ).","sortOrder":566},{"sectionNumber":"ch.4C-pt.4","sectionType":"part","heading":"Reviews and appeals","content":"# Reviews and appeals","sortOrder":567},{"sectionNumber":"ch.4C-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":568},{"sectionNumber":"sec.99BRAW","sectionType":"section","heading":"Meaning of interested person and original decision","content":"### sec.99BRAW Meaning of interested person and original decision\n\nAn interested person for this part is an applicant under this chapter who—\nhas been given a decision notice; or\nif the period during which the application was required to be decided under the relevant connections policy has expired—has not been given a decision notice; or\nhas had 1 or more of the following charges levied for a connection, other than for a standard connection—\na connection charge;\na property service works charge;\na charge under an infrastructure charges notice; or\nhas been given a notice under section 99BRDG about a conversion application, or there is a deemed refusal for the application.\nEach of the following is an original decision —\nthe decision or action for which a decision notice was given (an approval decision );\nif the period during which an application was required to be decided under the connections policy has expired—the failure to give a decision notice for the application (a failure to decide );\nthe decision to levy a charge for a connection mentioned in subsection (1) (c) (i) or (ii) (a charge decision );\nthe decision to give an infrastructure charges notice;\nthe refusal or deemed refusal of a conversion application (a conversion decision ).\nHowever, for an original decision under subsection (2) (a) , an interested person can not appeal a water approval condition that became a condition under section 99BRAM .\ns 99BRAW ins 2014 No. 16 s 21\namd 2014 No. 36 s 30\n(sec.99BRAW-ssec.1) An interested person for this part is an applicant under this chapter who— has been given a decision notice; or if the period during which the application was required to be decided under the relevant connections policy has expired—has not been given a decision notice; or has had 1 or more of the following charges levied for a connection, other than for a standard connection— a connection charge; a property service works charge; a charge under an infrastructure charges notice; or has been given a notice under section 99BRDG about a conversion application, or there is a deemed refusal for the application.\n(sec.99BRAW-ssec.2) Each of the following is an original decision — the decision or action for which a decision notice was given (an approval decision ); if the period during which an application was required to be decided under the connections policy has expired—the failure to give a decision notice for the application (a failure to decide ); the decision to levy a charge for a connection mentioned in subsection (1) (c) (i) or (ii) (a charge decision ); the decision to give an infrastructure charges notice; the refusal or deemed refusal of a conversion application (a conversion decision ).\n(sec.99BRAW-ssec.3) However, for an original decision under subsection (2) (a) , an interested person can not appeal a water approval condition that became a condition under section 99BRAM .\n- (a) has been given a decision notice; or\n- (b) if the period during which the application was required to be decided under the relevant connections policy has expired—has not been given a decision notice; or\n- (c) has had 1 or more of the following charges levied for a connection, other than for a standard connection— (i) a connection charge; (ii) a property service works charge; (iii) a charge under an infrastructure charges notice; or\n- (i) a connection charge;\n- (ii) a property service works charge;\n- (iii) a charge under an infrastructure charges notice; or\n- (d) has been given a notice under section 99BRDG about a conversion application, or there is a deemed refusal for the application.\n- (i) a connection charge;\n- (ii) a property service works charge;\n- (iii) a charge under an infrastructure charges notice; or\n- (a) the decision or action for which a decision notice was given (an approval decision );\n- (b) if the period during which an application was required to be decided under the connections policy has expired—the failure to give a decision notice for the application (a failure to decide );\n- (c) the decision to levy a charge for a connection mentioned in subsection (1) (c) (i) or (ii) (a charge decision );\n- (d) the decision to give an infrastructure charges notice;\n- (e) the refusal or deemed refusal of a conversion application (a conversion decision ).","sortOrder":569},{"sectionNumber":"sec.99BRAX","sectionType":"section","heading":"Other definitions for pt 4","content":"### sec.99BRAX Other definitions for pt 4\n\nIn this part—\ncharge decision see section 99BRAW (2) (c) .\nconversion decision see section 99BRAW (2) (e) .\ndeemed refusal , for a conversion application, means a refusal of the application that is taken to have happened if a decision is not made within the required period for the application.\nrequired period , for a conversion application, see section 99BRDF (6) .\nstandard appeal period , for an appeal under division 3 or 4 , means—\nif the notice for the review decision is given to the interested person—within 20 business days after the notice was given; and\notherwise—within 20 business days after the review decision is taken to have been made under section 99BRBC (4) .\ns 99BRAX ins 2014 No. 16 s 21\nsub 2014 No. 36 s 31\n- (a) if the notice for the review decision is given to the interested person—within 20 business days after the notice was given; and\n- (b) otherwise—within 20 business days after the review decision is taken to have been made under section 99BRBC (4) .","sortOrder":570},{"sectionNumber":"ch.4C-pt.4-div.2","sectionType":"division","heading":"Internal reviews","content":"## Internal reviews","sortOrder":571},{"sectionNumber":"sec.99BRAY","sectionType":"section","heading":"Appeal process starts with internal review","content":"### sec.99BRAY Appeal process starts with internal review\n\nAn appeal of an original decision, other than an appeal against a compliance notice, must be, in the first instance, by way of an application for internal review.\ns 99BRAY ins 2014 No. 16 s 21","sortOrder":572},{"sectionNumber":"sec.99BRAZ","sectionType":"section","heading":"Who may apply for review","content":"### sec.99BRAZ Who may apply for review\n\nAn interested person for an original decision may apply for an internal review of the decision (an internal review application ).\nAn internal review application may be made only to the chief executive officer of the relevant distributor-retailer (the reviewer ).\ns 99BRAZ ins 2014 No. 16 s 21\n(sec.99BRAZ-ssec.1) An interested person for an original decision may apply for an internal review of the decision (an internal review application ).\n(sec.99BRAZ-ssec.2) An internal review application may be made only to the chief executive officer of the relevant distributor-retailer (the reviewer ).","sortOrder":573},{"sectionNumber":"sec.99BRBA","sectionType":"section","heading":"Requirements for making internal review application","content":"### sec.99BRBA Requirements for making internal review application\n\nAn internal review application must be—\naccompanied by a statement of the grounds on which the applicant seeks the review of the decision; and\nsupported by enough information to enable the reviewer to decide the application; and\nmade within 30 business days after the day—\nfor a failure to decide or a deemed refusal of a conversion application—the relevant decision was required to be made; or\notherwise—the original decision is made.\ns 99BRBA ins 2014 No. 16 s 21\namd 2014 No. 36 s 32\n- (a) accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and\n- (b) supported by enough information to enable the reviewer to decide the application; and\n- (c) made within 30 business days after the day— (i) for a failure to decide or a deemed refusal of a conversion application—the relevant decision was required to be made; or (ii) otherwise—the original decision is made.\n- (i) for a failure to decide or a deemed refusal of a conversion application—the relevant decision was required to be made; or\n- (ii) otherwise—the original decision is made.\n- (i) for a failure to decide or a deemed refusal of a conversion application—the relevant decision was required to be made; or\n- (ii) otherwise—the original decision is made.","sortOrder":574},{"sectionNumber":"sec.99BRBB","sectionType":"section","heading":"Review decision","content":"### sec.99BRBB Review decision\n\nThe reviewer must, within the review decision period—\nreview the original decision the subject of the application; and\nmake a decision (the review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe application must not be dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to an original decision made by the chief executive officer.\nIf the review decision confirms the original decision, for the purpose of an appeal, the original decision is taken to be the review decision.\nIf the review decision amends the original decision, for the purpose of an appeal, the original decision as amended is taken to be the review decision.\nIn this section—\nreview decision period means—\n15 business days after receiving an internal review application; or\nanother period agreed to between the distributor-retailer and the applicant.\ns 99BRBB ins 2014 No. 16 s 21\n(sec.99BRBB-ssec.1) The reviewer must, within the review decision period— review the original decision the subject of the application; and make a decision (the review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.99BRBB-ssec.2) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.99BRBB-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive officer.\n(sec.99BRBB-ssec.4) If the review decision confirms the original decision, for the purpose of an appeal, the original decision is taken to be the review decision.\n(sec.99BRBB-ssec.5) If the review decision amends the original decision, for the purpose of an appeal, the original decision as amended is taken to be the review decision.\n(sec.99BRBB-ssec.6) In this section— review decision period means— 15 business days after receiving an internal review application; or another period agreed to between the distributor-retailer and the applicant.\n- (a) review the original decision the subject of the application; and\n- (b) make a decision (the review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to an original decision made by the chief executive officer.\n- (a) 15 business days after receiving an internal review application; or\n- (b) another period agreed to between the distributor-retailer and the applicant.","sortOrder":575},{"sectionNumber":"sec.99BRBC","sectionType":"section","heading":"Notice of review decision","content":"### sec.99BRBC Notice of review decision\n\nThe reviewer must, within 5 business days after the review decision period ends, give the applicant notice of the review decision (a review notice ).\nThe review notice must state the reasons for the review decision.\nIf the review decision is not the decision sought by the applicant, the notice must also state the applicant may, within 20 business days after the review notice is given—\nappeal against the decision to a development tribunal; or\nappeal against the decision to the Planning and Environment Court.\nIf the reviewer does not comply with subsection (1) , the reviewer is taken to have made a decision confirming the original decision.\ns 99BRBC ins 2014 No. 16 s 21\namd 2014 No. 36 s 33 ; 2016 No. 27 s 463\n(sec.99BRBC-ssec.1) The reviewer must, within 5 business days after the review decision period ends, give the applicant notice of the review decision (a review notice ).\n(sec.99BRBC-ssec.2) The review notice must state the reasons for the review decision.\n(sec.99BRBC-ssec.3) If the review decision is not the decision sought by the applicant, the notice must also state the applicant may, within 20 business days after the review notice is given— appeal against the decision to a development tribunal; or appeal against the decision to the Planning and Environment Court.\n(sec.99BRBC-ssec.4) If the reviewer does not comply with subsection (1) , the reviewer is taken to have made a decision confirming the original decision.\n- (a) appeal against the decision to a development tribunal; or\n- (b) appeal against the decision to the Planning and Environment Court.","sortOrder":576},{"sectionNumber":"sec.99BRBD","sectionType":"section","heading":"Internal review stops particular actions","content":"### sec.99BRBD Internal review stops particular actions\n\nIf an internal review is started under this division, any work under a water approval must not be started until the review is decided or withdrawn.\nDespite subsection (1) , if the reviewer is satisfied the outcome of the review would not be affected if the work is started before the review is decided, the reviewer may allow the work to start before the review is decided.\ns 99BRBD ins 2014 No. 16 s 21\namd 2014 No. 36 s 34\n(sec.99BRBD-ssec.1) If an internal review is started under this division, any work under a water approval must not be started until the review is decided or withdrawn.\n(sec.99BRBD-ssec.2) Despite subsection (1) , if the reviewer is satisfied the outcome of the review would not be affected if the work is started before the review is decided, the reviewer may allow the work to start before the review is decided.","sortOrder":577},{"sectionNumber":"ch.4C-pt.4-div.3","sectionType":"division","heading":"Appeals to a development tribunal","content":"## Appeals to a development tribunal","sortOrder":578},{"sectionNumber":"sec.99BRBE","sectionType":"section","heading":"Appeals about applications for connections—general","content":"### sec.99BRBE Appeals about applications for connections—general\n\nThis section applies to an applicant for a connection if—\nthe land to which the connection relates is subject to an application for a development approval; and\na development tribunal may, under the Planning Act , hear an appeal against a decision on the application for a development approval; and\nthe applicant applied for internal review of an approval decision or failure to decide; and\nthe review decision is not the decision sought by the applicant.\nThe applicant may appeal to a development tribunal against any of the following—\na refusal, or an approval in part, of the application for a connection;\na water approval condition;\nanother matter stated in the approval.\nThe appeal must be started within the standard appeal period.\ns 99BRBE ins 2014 No. 16 s 21\namd 2014 No. 36 s 35 ; 2016 No. 27 s 465\n(sec.99BRBE-ssec.1) This section applies to an applicant for a connection if— the land to which the connection relates is subject to an application for a development approval; and a development tribunal may, under the Planning Act , hear an appeal against a decision on the application for a development approval; and the applicant applied for internal review of an approval decision or failure to decide; and the review decision is not the decision sought by the applicant.\n(sec.99BRBE-ssec.2) The applicant may appeal to a development tribunal against any of the following— a refusal, or an approval in part, of the application for a connection; a water approval condition; another matter stated in the approval.\n(sec.99BRBE-ssec.3) The appeal must be started within the standard appeal period.\n- (a) the land to which the connection relates is subject to an application for a development approval; and\n- (b) a development tribunal may, under the Planning Act , hear an appeal against a decision on the application for a development approval; and\n- (c) the applicant applied for internal review of an approval decision or failure to decide; and\n- (d) the review decision is not the decision sought by the applicant.\n- (a) a refusal, or an approval in part, of the application for a connection;\n- (b) a water approval condition;\n- (c) another matter stated in the approval.","sortOrder":579},{"sectionNumber":"sec.99BRBF","sectionType":"section","heading":"Appeals about applications for connections—particular charges","content":"### sec.99BRBF Appeals about applications for connections—particular charges\n\nThis section applies to an applicant for a connection if—\nthe applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and\nthe review decision is not the decision sought by the applicant.\nThe applicant may appeal to a development tribunal about the review decision.\nThe appeal may be made only on 1 or more of the following grounds—\nthe amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount;\nthe decision involved an error relating to the application of the relevant charge;\nif the decision is the giving of an infrastructure charges notice—\nthe decision involved an error relating to—\nthe working out, for section 99BRCJ , of additional demand; or\nan offset or refund; or\nthere was no decision about an offset or refund; or\nif the infrastructure charges notice states a refund will be given—the timing for giving the refund.\nTo remove any doubt, it is declared that the appeal must not be about—\nthe relevant charge itself; or\nfor a decision about an offset or refund for an infrastructure charges notice—\nthe establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or\nthe cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.\nThe appeal must be started within the standard appeal period.\ns 99BRBF ins 2014 No. 16 s 21\namd 2014 No. 36 s 36 ; 2016 No. 27 s 466\n(sec.99BRBF-ssec.1) This section applies to an applicant for a connection if— the applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and the review decision is not the decision sought by the applicant.\n(sec.99BRBF-ssec.2) The applicant may appeal to a development tribunal about the review decision.\n(sec.99BRBF-ssec.3) The appeal may be made only on 1 or more of the following grounds— the amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount; the decision involved an error relating to the application of the relevant charge; if the decision is the giving of an infrastructure charges notice— the decision involved an error relating to— the working out, for section 99BRCJ , of additional demand; or an offset or refund; or there was no decision about an offset or refund; or if the infrastructure charges notice states a refund will be given—the timing for giving the refund.\n(sec.99BRBF-ssec.4) To remove any doubt, it is declared that the appeal must not be about— the relevant charge itself; or for a decision about an offset or refund for an infrastructure charges notice— the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.\n(sec.99BRBF-ssec.5) The appeal must be started within the standard appeal period.\n- (a) the applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and\n- (b) the review decision is not the decision sought by the applicant.\n- (a) the amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount;\n- (b) the decision involved an error relating to the application of the relevant charge;\n- (c) if the decision is the giving of an infrastructure charges notice— (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or (ii) there was no decision about an offset or refund; or (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.\n- (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or\n- (A) the working out, for section 99BRCJ , of additional demand; or\n- (B) an offset or refund; or\n- (ii) there was no decision about an offset or refund; or\n- (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.\n- (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or\n- (A) the working out, for section 99BRCJ , of additional demand; or\n- (B) an offset or refund; or\n- (ii) there was no decision about an offset or refund; or\n- (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.\n- (A) the working out, for section 99BRCJ , of additional demand; or\n- (B) an offset or refund; or\n- (a) the relevant charge itself; or\n- (b) for a decision about an offset or refund for an infrastructure charges notice— (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.\n- (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or\n- (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.\n- (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or\n- (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.","sortOrder":580},{"sectionNumber":"sec.99BRBFA","sectionType":"section","heading":"Appeals against refusal of conversion application","content":"### sec.99BRBFA Appeals against refusal of conversion application\n\nThis section applies to an applicant for a conversion application if—\nthe applicant applied for internal review of the conversion decision; and\nthe review decision is not the decision sought by the applicant.\nThe applicant may appeal to a development tribunal against the review decision.\nThe appeal must be started within the standard appeal period.\ns 99BRBFA ins 2014 No. 36 s 37\namd 2016 No. 27 s 467\n(sec.99BRBFA-ssec.1) This section applies to an applicant for a conversion application if— the applicant applied for internal review of the conversion decision; and the review decision is not the decision sought by the applicant.\n(sec.99BRBFA-ssec.2) The applicant may appeal to a development tribunal against the review decision.\n(sec.99BRBFA-ssec.3) The appeal must be started within the standard appeal period.\n- (a) the applicant applied for internal review of the conversion decision; and\n- (b) the review decision is not the decision sought by the applicant.","sortOrder":581},{"sectionNumber":"sec.99BRBG","sectionType":"section","heading":"Application of relevant development tribunal appeal provisions","content":"### sec.99BRBG Application of relevant development tribunal appeal provisions\n\nThe relevant development tribunal appeal provisions apply, with any necessary changes, to an appeal under this division as if a reference in the provisions to—\nan assessment manager were a reference to the distributor-retailer; and\na development application were a reference to the application for the water approval; and\na development approval were a reference to a water approval; and\nan appeal under the Planning Act were an appeal under this Act; and\nan infrastructure charges notice under the Planning Act were an infrastructure charges notice under this Act; and\nthe period required under the Planning Act for lodging a document to start proceedings were a reference to the period required under this Act for lodging a document to start proceedings.\nIn this section—\nrelevant development tribunal appeal provisions —\nmeans the Planning Act , section 230 (1) and (2) and chapter 6 , part 2 , division 3 , other than sections 247 , 251 and 254 (2) (e) of that Act; and\nincludes any definitions in that Act relevant to section 230 (1) and (2) and chapter 6 , part 2 , division 3 (other than sections 247 , 251 and 254 (2) (e) ) of that Act.\ns 99BRBG ins 2014 No. 16 s 21\namd 2014 No. 36 s 38 ; 2016 No. 27 s 468\n(sec.99BRBG-ssec.1) The relevant development tribunal appeal provisions apply, with any necessary changes, to an appeal under this division as if a reference in the provisions to— an assessment manager were a reference to the distributor-retailer; and a development application were a reference to the application for the water approval; and a development approval were a reference to a water approval; and an appeal under the Planning Act were an appeal under this Act; and an infrastructure charges notice under the Planning Act were an infrastructure charges notice under this Act; and the period required under the Planning Act for lodging a document to start proceedings were a reference to the period required under this Act for lodging a document to start proceedings.\n(sec.99BRBG-ssec.2) In this section— relevant development tribunal appeal provisions — means the Planning Act , section 230 (1) and (2) and chapter 6 , part 2 , division 3 , other than sections 247 , 251 and 254 (2) (e) of that Act; and includes any definitions in that Act relevant to section 230 (1) and (2) and chapter 6 , part 2 , division 3 (other than sections 247 , 251 and 254 (2) (e) ) of that Act.\n- (a) an assessment manager were a reference to the distributor-retailer; and\n- (b) a development application were a reference to the application for the water approval; and\n- (c) a development approval were a reference to a water approval; and\n- (d) an appeal under the Planning Act were an appeal under this Act; and\n- (e) an infrastructure charges notice under the Planning Act were an infrastructure charges notice under this Act; and\n- (f) the period required under the Planning Act for lodging a document to start proceedings were a reference to the period required under this Act for lodging a document to start proceedings.\n- (a) means the Planning Act , section 230 (1) and (2) and chapter 6 , part 2 , division 3 , other than sections 247 , 251 and 254 (2) (e) of that Act; and\n- (b) includes any definitions in that Act relevant to section 230 (1) and (2) and chapter 6 , part 2 , division 3 (other than sections 247 , 251 and 254 (2) (e) ) of that Act.","sortOrder":582},{"sectionNumber":"sec.99BRBH","sectionType":"section","heading":"Notice of appeal","content":"### sec.99BRBH Notice of appeal\n\nThis section applies to an appeal under this division.\nThe registrar of development tribunals must, within 10 business days after the day the appeal is started, give written notice of an appeal under this division to the distributor-retailer.\nThe notice must state the grounds of the appeal.\ns 99BRBH ins 2014 No. 16 s 21\namd 2016 No. 27 s 469\n(sec.99BRBH-ssec.1) This section applies to an appeal under this division.\n(sec.99BRBH-ssec.2) The registrar of development tribunals must, within 10 business days after the day the appeal is started, give written notice of an appeal under this division to the distributor-retailer.\n(sec.99BRBH-ssec.3) The notice must state the grounds of the appeal.","sortOrder":583},{"sectionNumber":"sec.99BRBI","sectionType":"section","heading":"Respondent for appeals","content":"### sec.99BRBI Respondent for appeals\n\nThis section applies to an appeal under this division.\nThe distributor-retailer is the respondent for the appeal and may be heard in the appeal as a party to the appeal.\ns 99BRBI ins 2014 No. 16 s 21\n(sec.99BRBI-ssec.1) This section applies to an appeal under this division.\n(sec.99BRBI-ssec.2) The distributor-retailer is the respondent for the appeal and may be heard in the appeal as a party to the appeal.","sortOrder":584},{"sectionNumber":"sec.99BRBIA","sectionType":"section","heading":"Development tribunal to decide appeal about application for a connection based on particular laws","content":"### sec.99BRBIA Development tribunal to decide appeal about application for a connection based on particular laws\n\nThis section applies to an appeal against a decision on an application for a connection, including, for example, a decision under a water approval given for the application.\nThe development tribunal must decide the appeal based on the laws in effect when the application was made.\nHowever, if the laws are subsequently amended or replaced, the tribunal may in deciding the appeal give the weight the tribunal considers appropriate, in the circumstances, to any new laws.\ns 99BRBIA ins 2016 No. 27 s 470\n(sec.99BRBIA-ssec.1) This section applies to an appeal against a decision on an application for a connection, including, for example, a decision under a water approval given for the application.\n(sec.99BRBIA-ssec.2) The development tribunal must decide the appeal based on the laws in effect when the application was made.\n(sec.99BRBIA-ssec.3) However, if the laws are subsequently amended or replaced, the tribunal may in deciding the appeal give the weight the tribunal considers appropriate, in the circumstances, to any new laws.","sortOrder":585},{"sectionNumber":"sec.99BRBJ","sectionType":"section","heading":"Who must prove case for appeals","content":"### sec.99BRBJ Who must prove case for appeals\n\nIn an appeal by the applicant under this division, it is for the applicant to establish that the appeal should be upheld.\ns 99BRBJ ins 2014 No. 16 s 21","sortOrder":586},{"sectionNumber":"sec.99BRBK","sectionType":"section","heading":"Registrar must ask distributor-retailer for material in particular proceedings","content":"### sec.99BRBK Registrar must ask distributor-retailer for material in particular proceedings\n\nThis section applies to an appeal under—\nsection 99BRBE if the applicant applied for internal review of a failure to decide; or\nsection 99BRBFA if the applicant applied for internal review of a deemed refusal of a conversion application.\nThe registrar of development tribunals must ask the distributor-retailer to give the registrar—\nall material, including plans and specifications, relevant to the application; and\na statement of the reasons the distributor-retailer had not decided the application during the period for deciding the application; and\nany other information the registrar requires.\nThe distributor-retailer must give the material mentioned in subsection (2) within 10 business days after the day the registrar asks for the material.\ns 99BRBK ins 2014 No. 16 s 21\namd 2014 No. 36 s 39 ; 2016 No. 27 s 471\n(sec.99BRBK-ssec.1) This section applies to an appeal under— section 99BRBE if the applicant applied for internal review of a failure to decide; or section 99BRBFA if the applicant applied for internal review of a deemed refusal of a conversion application.\n(sec.99BRBK-ssec.2) The registrar of development tribunals must ask the distributor-retailer to give the registrar— all material, including plans and specifications, relevant to the application; and a statement of the reasons the distributor-retailer had not decided the application during the period for deciding the application; and any other information the registrar requires.\n(sec.99BRBK-ssec.3) The distributor-retailer must give the material mentioned in subsection (2) within 10 business days after the day the registrar asks for the material.\n- (a) section 99BRBE if the applicant applied for internal review of a failure to decide; or\n- (b) section 99BRBFA if the applicant applied for internal review of a deemed refusal of a conversion application.\n- (a) all material, including plans and specifications, relevant to the application; and\n- (b) a statement of the reasons the distributor-retailer had not decided the application during the period for deciding the application; and\n- (c) any other information the registrar requires.","sortOrder":587},{"sectionNumber":"sec.99BRBL","sectionType":"section","heading":"Work under water approval not to start if appeal is started and not decided or withdrawn","content":"### sec.99BRBL Work under water approval not to start if appeal is started and not decided or withdrawn\n\nIf an appeal is started under this division, any work under a water approval must not be started until the appeal is decided or withdrawn.\nHowever, if the development tribunal is satisfied the outcome of the appeal would not be affected if all or part of the work were to start before the appeal is decided, the tribunal may allow all or that part of the work to start before the appeal is decided.\ns 99BRBL ins 2014 No. 16 s 21\namd 2014 No. 36 s 40 ; 2016 No. 27 s 472\n(sec.99BRBL-ssec.1) If an appeal is started under this division, any work under a water approval must not be started until the appeal is decided or withdrawn.\n(sec.99BRBL-ssec.2) However, if the development tribunal is satisfied the outcome of the appeal would not be affected if all or part of the work were to start before the appeal is decided, the tribunal may allow all or that part of the work to start before the appeal is decided.","sortOrder":588},{"sectionNumber":"sec.99BRBM","sectionType":"section","heading":"Appeals may be combined with appeals under the Planning Act","content":"### sec.99BRBM Appeals may be combined with appeals under the Planning Act\n\nThis section applies if—\nan appeal is started under this division; and\nan appeal is started under the Planning Act for a development application mentioned in section 99BRBE .\nThe appeal under this division may be combined and heard with the appeal under the Planning Act .\ns 99BRBM ins 2014 No. 16 s 21\n(sec.99BRBM-ssec.1) This section applies if— an appeal is started under this division; and an appeal is started under the Planning Act for a development application mentioned in section 99BRBE .\n(sec.99BRBM-ssec.2) The appeal under this division may be combined and heard with the appeal under the Planning Act .\n- (a) an appeal is started under this division; and\n- (b) an appeal is started under the Planning Act for a development application mentioned in section 99BRBE .","sortOrder":589},{"sectionNumber":"ch.4C-pt.4-div.4","sectionType":"division","heading":"Appeals to the Planning and Environment Court","content":"## Appeals to the Planning and Environment Court","sortOrder":590},{"sectionNumber":"sec.99BRBN","sectionType":"section","heading":"Appeals about applications for connections—general","content":"### sec.99BRBN Appeals about applications for connections—general\n\nThis section applies to an applicant for a connection if—\nthe applicant applied for internal review of an approval decision or failure to decide; and\nthe review decision is not the decision sought by the applicant.\nThe applicant may appeal against the review decision to the Planning and Environment Court.\nThe appeal must be started within the standard appeal period.\ns 99BRBN ins 2014 No. 16 s 21\n(sec.99BRBN-ssec.1) This section applies to an applicant for a connection if— the applicant applied for internal review of an approval decision or failure to decide; and the review decision is not the decision sought by the applicant.\n(sec.99BRBN-ssec.2) The applicant may appeal against the review decision to the Planning and Environment Court.\n(sec.99BRBN-ssec.3) The appeal must be started within the standard appeal period.\n- (a) the applicant applied for internal review of an approval decision or failure to decide; and\n- (b) the review decision is not the decision sought by the applicant.","sortOrder":591},{"sectionNumber":"sec.99BRBO","sectionType":"section","heading":"Appeals about applications for connections—particular charges","content":"### sec.99BRBO Appeals about applications for connections—particular charges\n\nThis section applies to an applicant for a connection if—\nthe applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and\nthe review decision is not the decision sought by the applicant.\nThe applicant may appeal against the review decision to the Planning and Environment Court.\nAn appeal under this section may be made only on 1 or more of the following grounds—\nthe amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount;\nthe decision involved an error relating to the application of the relevant charge;\nif the decision is the giving of an infrastructure charges notice—\nthe decision involved an error relating to—\nthe working out, for section 99BRCJ , of additional demand; or\nan offset or refund; or\nthere was no decision about an offset or refund; or\nif the infrastructure charges notice states a refund will be given—the timing for giving the refund.\nTo remove any doubt, it is declared that the appeal must not be about—\nthe relevant charge itself; or\nfor a decision about an offset or refund for an infrastructure charges notice—\nthe establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or\nthe cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.\nThe appeal must be started within the standard appeal period.\ns 99BRBO ins 2014 No. 16 s 21\namd 2014 No. 36 s 41 ; 2016 No. 27 s 472A\n(sec.99BRBO-ssec.1) This section applies to an applicant for a connection if— the applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and the review decision is not the decision sought by the applicant.\n(sec.99BRBO-ssec.2) The applicant may appeal against the review decision to the Planning and Environment Court.\n(sec.99BRBO-ssec.3) An appeal under this section may be made only on 1 or more of the following grounds— the amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount; the decision involved an error relating to the application of the relevant charge; if the decision is the giving of an infrastructure charges notice— the decision involved an error relating to— the working out, for section 99BRCJ , of additional demand; or an offset or refund; or there was no decision about an offset or refund; or if the infrastructure charges notice states a refund will be given—the timing for giving the refund.\n(sec.99BRBO-ssec.4) To remove any doubt, it is declared that the appeal must not be about— the relevant charge itself; or for a decision about an offset or refund for an infrastructure charges notice— the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.\n(sec.99BRBO-ssec.5) The appeal must be started within the standard appeal period.\n- (a) the applicant applied for internal review of a charge decision or a decision to give an infrastructure charges notice; and\n- (b) the review decision is not the decision sought by the applicant.\n- (a) the amount of the charge is so unreasonable that no reasonable distributor-retailer could have imposed the amount;\n- (b) the decision involved an error relating to the application of the relevant charge;\n- (c) if the decision is the giving of an infrastructure charges notice— (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or (ii) there was no decision about an offset or refund; or (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.\n- (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or\n- (A) the working out, for section 99BRCJ , of additional demand; or\n- (B) an offset or refund; or\n- (ii) there was no decision about an offset or refund; or\n- (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.\n- (i) the decision involved an error relating to— (A) the working out, for section 99BRCJ , of additional demand; or (B) an offset or refund; or\n- (A) the working out, for section 99BRCJ , of additional demand; or\n- (B) an offset or refund; or\n- (ii) there was no decision about an offset or refund; or\n- (iii) if the infrastructure charges notice states a refund will be given—the timing for giving the refund.\n- (A) the working out, for section 99BRCJ , of additional demand; or\n- (B) an offset or refund; or\n- (a) the relevant charge itself; or\n- (b) for a decision about an offset or refund for an infrastructure charges notice— (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.\n- (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or\n- (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.\n- (i) the establishment cost of infrastructure identified in the distributor-retailer’s water netserv plan; or\n- (ii) the cost of infrastructure decided using the method included in the distributor-retailer’s infrastructure charges schedule.","sortOrder":592},{"sectionNumber":"sec.99BRBOA","sectionType":"section","heading":"Appeals against refusal of conversion application","content":"### sec.99BRBOA Appeals against refusal of conversion application\n\nThis section applies to an applicant for a conversion application if—\nthe applicant applied for internal review of the conversion decision; and\nthe review decision is not the decision sought by the applicant.\nThe applicant may appeal to the Planning and Environment Court against the review decision.\nThe appeal must be started within the standard appeal period.\ns 99BRBOA ins 2014 No. 36 s 42\n(sec.99BRBOA-ssec.1) This section applies to an applicant for a conversion application if— the applicant applied for internal review of the conversion decision; and the review decision is not the decision sought by the applicant.\n(sec.99BRBOA-ssec.2) The applicant may appeal to the Planning and Environment Court against the review decision.\n(sec.99BRBOA-ssec.3) The appeal must be started within the standard appeal period.\n- (a) the applicant applied for internal review of the conversion decision; and\n- (b) the review decision is not the decision sought by the applicant.","sortOrder":593},{"sectionNumber":"sec.99BRBP","sectionType":"section","heading":"Appeals about water connection compliance notices","content":"### sec.99BRBP Appeals about water connection compliance notices\n\nThis section applies if a person is given a compliance notice.\nThe person may appeal against the decision to the Planning and Environment Court.\nThe appeal must be started within 20 business days after the water connection compliance notice is given to the person.\ns 99BRBP ins 2014 No. 16 s 21\n(sec.99BRBP-ssec.1) This section applies if a person is given a compliance notice.\n(sec.99BRBP-ssec.2) The person may appeal against the decision to the Planning and Environment Court.\n(sec.99BRBP-ssec.3) The appeal must be started within 20 business days after the water connection compliance notice is given to the person.","sortOrder":594},{"sectionNumber":"sec.99BRBPA","sectionType":"section","heading":"How appeals are started","content":"### sec.99BRBPA How appeals are started\n\nAn appeal under this division is started by lodging a written notice of appeal with the registrar of the Planning and Environment Court.\nThe notice of appeal must be in the approved form and succinctly state the grounds of the appeal.\ns 99BRBPA ins 2016 No. 27 s 473\n(sec.99BRBPA-ssec.1) An appeal under this division is started by lodging a written notice of appeal with the registrar of the Planning and Environment Court.\n(sec.99BRBPA-ssec.2) The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.","sortOrder":595},{"sectionNumber":"sec.99BRBQ","sectionType":"section","heading":"Application of relevant court provisions","content":"### sec.99BRBQ Application of relevant court provisions\n\nThe relevant court appeal provisions apply, with any necessary changes, to an appeal under this division as if a reference in the provisions to—\na Planning Act appeal or Planning Act proceeding were a reference to an appeal under this division; and\nthe Planning Act were a reference to this Act; and\nthe assessment manager were a reference to the distributor-retailer that made the decision the subject of the appeal; and\na development permit or development approval were a reference to a water approval; and\na development application were a reference to the application for the water approval.\nIn this section—\nrelevant court appeal provisions —\nmeans the Planning and Environment Court Act 2016 , part 5 , other than sections 45 and 46 (2) , (5) and (6) of that Act; and\nincludes any definitions in the Planning and Environment Court Act 2016 relevant to part 5 (other than sections 45 and 46 (2) , (5) and (6) ) of that Act.\ns 99BRBQ ins 2014 No. 16 s 21\namd 2016 No. 27 s 474\n(sec.99BRBQ-ssec.1) The relevant court appeal provisions apply, with any necessary changes, to an appeal under this division as if a reference in the provisions to— a Planning Act appeal or Planning Act proceeding were a reference to an appeal under this division; and the Planning Act were a reference to this Act; and the assessment manager were a reference to the distributor-retailer that made the decision the subject of the appeal; and a development permit or development approval were a reference to a water approval; and a development application were a reference to the application for the water approval.\n(sec.99BRBQ-ssec.2) In this section— relevant court appeal provisions — means the Planning and Environment Court Act 2016 , part 5 , other than sections 45 and 46 (2) , (5) and (6) of that Act; and includes any definitions in the Planning and Environment Court Act 2016 relevant to part 5 (other than sections 45 and 46 (2) , (5) and (6) ) of that Act.\n- (a) a Planning Act appeal or Planning Act proceeding were a reference to an appeal under this division; and\n- (b) the Planning Act were a reference to this Act; and\n- (c) the assessment manager were a reference to the distributor-retailer that made the decision the subject of the appeal; and\n- (d) a development permit or development approval were a reference to a water approval; and\n- (e) a development application were a reference to the application for the water approval.\n- (a) means the Planning and Environment Court Act 2016 , part 5 , other than sections 45 and 46 (2) , (5) and (6) of that Act; and\n- (b) includes any definitions in the Planning and Environment Court Act 2016 relevant to part 5 (other than sections 45 and 46 (2) , (5) and (6) ) of that Act.","sortOrder":596},{"sectionNumber":"sec.99BRBQA","sectionType":"section","heading":"Court to decide appeal about application for a connection based on particular statutory instruments","content":"### sec.99BRBQA Court to decide appeal about application for a connection based on particular statutory instruments\n\nThis section applies to an appeal against a decision on an application for a connection, including, for example, a decision under a water approval given for the application.\nThe Planning and Environment Court must decide the appeal based on the statutory instruments in force when the application was made.\nHowever, if a statutory instrument is amended or replaced before the Planning and Environment Court decides the appeal, the court may, in deciding the appeal, give the weight the court considers is appropriate, in the circumstances, to the amendment or replacement.\ns 99BRBQA ins 2016 No. 27 s 475\n(sec.99BRBQA-ssec.1) This section applies to an appeal against a decision on an application for a connection, including, for example, a decision under a water approval given for the application.\n(sec.99BRBQA-ssec.2) The Planning and Environment Court must decide the appeal based on the statutory instruments in force when the application was made.\n(sec.99BRBQA-ssec.3) However, if a statutory instrument is amended or replaced before the Planning and Environment Court decides the appeal, the court may, in deciding the appeal, give the weight the court considers is appropriate, in the circumstances, to the amendment or replacement.","sortOrder":597},{"sectionNumber":"sec.99BRBR","sectionType":"section","heading":"Notice of appeal to other parties","content":"### sec.99BRBR Notice of appeal to other parties\n\nThe applicant must give notice of the appeal to the distributor-retailer.\nThe notice must be given within 10 business days after the appeal is started.\nThe notice must state the grounds of the appeal.\ns 99BRBR ins 2014 No. 16 s 21\n(sec.99BRBR-ssec.1) The applicant must give notice of the appeal to the distributor-retailer.\n(sec.99BRBR-ssec.2) The notice must be given within 10 business days after the appeal is started.\n(sec.99BRBR-ssec.3) The notice must state the grounds of the appeal.","sortOrder":598},{"sectionNumber":"sec.99BRBS","sectionType":"section","heading":"Stay of operation of water connection compliance notice","content":"### sec.99BRBS Stay of operation of water connection compliance notice\n\nIf the applicant gives a notice of appeal about a water connection compliance notice, the operation of the compliance notice is stayed until the earliest of the following to happen—\nthe Planning and Environment Court, on the application of the distributor-retailer, decides otherwise;\nthe appeal is withdrawn;\nthe appeal is dismissed.\nHowever, subsection (1) does not apply if the compliance notice is about—\na work, if the water connection compliance notice states the entity believes the work is a danger to persons or a risk to public health; or\nstopping the demolition of a work; or\nclearing vegetation on freehold land; or\nthe removal of quarry material allocated under the Water Act 2000 ; or\nextracting clay, gravel, rock, sand or soil, not mentioned in paragraph (d) , from Queensland waters; or\nworks the assessing authority reasonably believes is causing erosion or sedimentation; or\nworks the assessing authority reasonably believes is causing an environmental nuisance; or\naction required to stop damage or further damage to the distributor-retailer’s water infrastructure.\ns 99BRBS ins 2014 No. 16 s 21\n(sec.99BRBS-ssec.1) If the applicant gives a notice of appeal about a water connection compliance notice, the operation of the compliance notice is stayed until the earliest of the following to happen— the Planning and Environment Court, on the application of the distributor-retailer, decides otherwise; the appeal is withdrawn; the appeal is dismissed.\n(sec.99BRBS-ssec.2) However, subsection (1) does not apply if the compliance notice is about— a work, if the water connection compliance notice states the entity believes the work is a danger to persons or a risk to public health; or stopping the demolition of a work; or clearing vegetation on freehold land; or the removal of quarry material allocated under the Water Act 2000 ; or extracting clay, gravel, rock, sand or soil, not mentioned in paragraph (d) , from Queensland waters; or works the assessing authority reasonably believes is causing erosion or sedimentation; or works the assessing authority reasonably believes is causing an environmental nuisance; or action required to stop damage or further damage to the distributor-retailer’s water infrastructure.\n- (a) the Planning and Environment Court, on the application of the distributor-retailer, decides otherwise;\n- (b) the appeal is withdrawn;\n- (c) the appeal is dismissed.\n- (a) a work, if the water connection compliance notice states the entity believes the work is a danger to persons or a risk to public health; or\n- (b) stopping the demolition of a work; or\n- (c) clearing vegetation on freehold land; or\n- (d) the removal of quarry material allocated under the Water Act 2000 ; or\n- (e) extracting clay, gravel, rock, sand or soil, not mentioned in paragraph (d) , from Queensland waters; or\n- (f) works the assessing authority reasonably believes is causing erosion or sedimentation; or\n- (g) works the assessing authority reasonably believes is causing an environmental nuisance; or\n- (h) action required to stop damage or further damage to the distributor-retailer’s water infrastructure.","sortOrder":599},{"sectionNumber":"sec.99BRBT","sectionType":"section","heading":"Respondent for appeals","content":"### sec.99BRBT Respondent for appeals\n\nThe distributor-retailer is the respondent for the appeal and may be heard in the appeal as a party to the appeal.\ns 99BRBT ins 2014 No. 16 s 21","sortOrder":600},{"sectionNumber":"sec.99BRBU","sectionType":"section","heading":"Who must prove case for appeals","content":"### sec.99BRBU Who must prove case for appeals\n\nIn an appeal under section 99BRBN , 99BRBO or 99BRBOA , the appellant must establish that the appeal should be upheld.\nIn an appeal under section 99BRBP by a person given a water connection compliance notice, the distributor-retailer who gave the notice must establish that the appeal should be dismissed.\ns 99BRBU ins 2014 No. 16 s 21\nsub 2016 No. 27 s 476\n(sec.99BRBU-ssec.1) In an appeal under section 99BRBN , 99BRBO or 99BRBOA , the appellant must establish that the appeal should be upheld.\n(sec.99BRBU-ssec.2) In an appeal under section 99BRBP by a person given a water connection compliance notice, the distributor-retailer who gave the notice must establish that the appeal should be dismissed.","sortOrder":601},{"sectionNumber":"sec.99BRBV","sectionType":"section","heading":"Work under water approval not to start if appeal is started and not decided or withdrawn","content":"### sec.99BRBV Work under water approval not to start if appeal is started and not decided or withdrawn\n\nIf an appeal, other than an appeal under section 99BRBP , is started under this division, any work under a water approval must not be started until the appeal is decided or withdrawn.\nHowever, if the Planning and Environment Court is satisfied the outcome of the appeal would not be affected if all or part of the work were to start before the appeal is decided, the court may allow all or that part of the work to start before the appeal is decided.\ns 99BRBV ins 2014 No. 16 s 21\namd 2014 No. 36 s 43 ; 2016 No. 27 s 477\n(sec.99BRBV-ssec.1) If an appeal, other than an appeal under section 99BRBP , is started under this division, any work under a water approval must not be started until the appeal is decided or withdrawn.\n(sec.99BRBV-ssec.2) However, if the Planning and Environment Court is satisfied the outcome of the appeal would not be affected if all or part of the work were to start before the appeal is decided, the court may allow all or that part of the work to start before the appeal is decided.","sortOrder":602},{"sectionNumber":"sec.99BRBW","sectionType":"section","heading":"Appeals may be combined with appeals under the Planning Act","content":"### sec.99BRBW Appeals may be combined with appeals under the Planning Act\n\nThis section applies if—\nan appeal is started under this division; and\nan appeal is started under the Planning Act for a development application which relates to land the subject of the application of a water approval.\nThe appeal under this division may be combined and heard with the appeal under the Planning Act .\ns 99BRBW ins 2014 No. 16 s 21\n(sec.99BRBW-ssec.1) This section applies if— an appeal is started under this division; and an appeal is started under the Planning Act for a development application which relates to land the subject of the application of a water approval.\n(sec.99BRBW-ssec.2) The appeal under this division may be combined and heard with the appeal under the Planning Act .\n- (a) an appeal is started under this division; and\n- (b) an appeal is started under the Planning Act for a development application which relates to land the subject of the application of a water approval.","sortOrder":603},{"sectionNumber":"ch.4C-pt.5","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":604},{"sectionNumber":"sec.99BRBX","sectionType":"section","heading":"Connections without water approval","content":"### sec.99BRBX Connections without water approval\n\nA person, other than a distributor-retailer, must not make a connection without a water approval for the connection.\nMaximum penalty—1,665 penalty units.\ns 99BRBX ins 2014 No. 16 s 21","sortOrder":605},{"sectionNumber":"sec.99BRBY","sectionType":"section","heading":"Requirement to comply with standard conditions","content":"### sec.99BRBY Requirement to comply with standard conditions\n\nA person must comply with each standard condition of a standard connection.\nMaximum penalty—165 penalty units.\nTo avoid any doubt, it is declared that this section does not apply to a distributor-retailer.\ns 99BRBY ins 2014 No. 16 s 21\n(sec.99BRBY-ssec.1) A person must comply with each standard condition of a standard connection. Maximum penalty—165 penalty units.\n(sec.99BRBY-ssec.2) To avoid any doubt, it is declared that this section does not apply to a distributor-retailer.","sortOrder":606},{"sectionNumber":"sec.99BRBZ","sectionType":"section","heading":"Requirement to comply with conditions of water approvals","content":"### sec.99BRBZ Requirement to comply with conditions of water approvals\n\nA person must comply with each water approval condition of a water approval.\nMaximum penalty—1,665 penalty units.\nTo avoid any doubt, it is declared that this section does not apply to a distributor-retailer.\ns 99BRBZ ins 2014 No. 16 s 21\n(sec.99BRBZ-ssec.1) A person must comply with each water approval condition of a water approval. Maximum penalty—1,665 penalty units.\n(sec.99BRBZ-ssec.2) To avoid any doubt, it is declared that this section does not apply to a distributor-retailer.","sortOrder":607},{"sectionNumber":"ch.4C-pt.6","sectionType":"part","heading":"Enforcement proceedings","content":"# Enforcement proceedings","sortOrder":608},{"sectionNumber":"sec.99BRCA","sectionType":"section","heading":"Starting proceeding for enforcement order","content":"### sec.99BRCA Starting proceeding for enforcement order\n\nA distributor-retailer may start a proceeding in a District Court—\nfor an enforcement order to remedy or restrain the commission of a water connection offence; or\nif the distributor-retailer has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB ; or\nfor an order that a person who has committed a water connection offence pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence.\nA person may start a proceeding in a District Court—\nfor an order that someone else who has committed a water connection offence pay damages to compensate the person for injury suffered by the person or loss or damage to the person’s property because of the commission of the offence; or\nif the person has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB .\nIf a person other than a distributor-retailer starts a proceeding for an enforcement order, the person must, within 5 business days, give the distributor-retailer for the geographic area to which the proceeding relates notice of the proceeding.\ns 99BRCA ins 2014 No. 16 s 21\n(sec.99BRCA-ssec.1) A distributor-retailer may start a proceeding in a District Court— for an enforcement order to remedy or restrain the commission of a water connection offence; or if the distributor-retailer has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB ; or for an order that a person who has committed a water connection offence pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence.\n(sec.99BRCA-ssec.2) A person may start a proceeding in a District Court— for an order that someone else who has committed a water connection offence pay damages to compensate the person for injury suffered by the person or loss or damage to the person’s property because of the commission of the offence; or if the person has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB .\n(sec.99BRCA-ssec.3) If a person other than a distributor-retailer starts a proceeding for an enforcement order, the person must, within 5 business days, give the distributor-retailer for the geographic area to which the proceeding relates notice of the proceeding.\n- (a) for an enforcement order to remedy or restrain the commission of a water connection offence; or\n- (b) if the distributor-retailer has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB ; or\n- (c) for an order that a person who has committed a water connection offence pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence.\n- (a) for an order that someone else who has committed a water connection offence pay damages to compensate the person for injury suffered by the person or loss or damage to the person’s property because of the commission of the offence; or\n- (b) if the person has started a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under the Water Supply Act , section 478 as applied by section 99BRCB .","sortOrder":609},{"sectionNumber":"sec.99BRCB","sectionType":"section","heading":"Application of Water Supply Act enforcement order provisions","content":"### sec.99BRCB Application of Water Supply Act enforcement order provisions\n\nThis section applies to a proceeding started under section 99BRCA .\nThe Water Supply Act , sections 476 to 482 , other than sections 480 (2) , 481 (1) (d) and 481 (2) (d) , and any definitions under that Act relevant to those sections apply—\nas if a reference in the sections to an offence under the Water Supply Act were a reference to an offence against this chapter; and\nwith any other necessary changes.\ns 99BRCB ins 2014 No. 16 s 21\n(sec.99BRCB-ssec.1) This section applies to a proceeding started under section 99BRCA .\n(sec.99BRCB-ssec.2) The Water Supply Act , sections 476 to 482 , other than sections 480 (2) , 481 (1) (d) and 481 (2) (d) , and any definitions under that Act relevant to those sections apply— as if a reference in the sections to an offence under the Water Supply Act were a reference to an offence against this chapter; and with any other necessary changes.\n- (a) as if a reference in the sections to an offence under the Water Supply Act were a reference to an offence against this chapter; and\n- (b) with any other necessary changes.","sortOrder":610},{"sectionNumber":"ch.4C-pt.7","sectionType":"part","heading":"Water infrastructure","content":"# Water infrastructure","sortOrder":611},{"sectionNumber":"ch.4C-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":612},{"sectionNumber":"sec.99BRCC","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.99BRCC Definitions for pt 7\n\nIn this part—\nadditional payment condition see section 99BRCU (1) .\nagreement means an agreement in writing.\nautomatic increase provision see section 99BRCG (3) (b) .\nboard decision see section 99BRCF (1) .\nbreakup agreement means an agreement entered into by a distributor-retailer and its participating local government under the Planning Act , section 115 (2) .\ns 99BRCC def breakup agreement amd 2016 No. 27 s 478 (1)\nestablishment cost , for a provision about trunk infrastructure, means the following—\nfor existing infrastructure—\nthe current replacement cost of the infrastructure as reflected in the relevant distributor-retailer’s asset register; and\nthe current value of the land acquired for the infrastructure;\nfor future infrastructure—all costs of land acquisition, financing, and design and construction, for the infrastructure.\ninfrastructure charges schedule see section 99BRCD .\nlevied charge see section 99BRCI (6) .\nnecessary infrastructure condition see section 99BRCP (2) .\npayer , for a provision about a levied charge or for a payment, means anyone who pays part or all of the charge or payment.\npayment includes a contribution by way of a payment.\nPPI means—\nthe producer price index for construction 6427.0 (ABS PPI) index number 3101—Road and Bridge construction index for Queensland published by the Australian Bureau of Statistics; or\nif that index stops being published—another similar index prescribed by regulation.\ns 99BRCC def PPI ins 2016 No. 27 s 478 (2)\nPPI index ...\ns 99BRCC def PPI index ins 2016 No. 27 s 478 (2)\npremises means—\na building or other structure; or\nland, whether or not a building or other structure is located on the land.\nSPRP (adopted charges) ...\ns 99BRCC def SPRP (adopted charges) om 2016 No. 27 s 478 (3)\nsubject premises see section 99BRCP (1) .\ns 99BRCC ins 2014 No. 36 s 45\n- (a) for existing infrastructure— (i) the current replacement cost of the infrastructure as reflected in the relevant distributor-retailer’s asset register; and (ii) the current value of the land acquired for the infrastructure;\n- (i) the current replacement cost of the infrastructure as reflected in the relevant distributor-retailer’s asset register; and\n- (ii) the current value of the land acquired for the infrastructure;\n- (b) for future infrastructure—all costs of land acquisition, financing, and design and construction, for the infrastructure.\n- (i) the current replacement cost of the infrastructure as reflected in the relevant distributor-retailer’s asset register; and\n- (ii) the current value of the land acquired for the infrastructure;\n- (a) the producer price index for construction 6427.0 (ABS PPI) index number 3101—Road and Bridge construction index for Queensland published by the Australian Bureau of Statistics; or\n- (b) if that index stops being published—another similar index prescribed by regulation.\n- (a) a building or other structure; or\n- (b) land, whether or not a building or other structure is located on the land.","sortOrder":613},{"sectionNumber":"ch.4C-pt.7-div.2","sectionType":"division","heading":"Infrastructure charges schedule","content":"## Infrastructure charges schedule","sortOrder":614},{"sectionNumber":"sec.99BRCD","sectionType":"section","heading":"Operation of div 2","content":"### sec.99BRCD Operation of div 2\n\nThis division applies if the charges schedule (an infrastructure charges schedule ) of a distributor-retailer includes an adopted charge.\ns 99BRCD ins 2014 No. 36 s 45","sortOrder":615},{"sectionNumber":"sec.99BRCE","sectionType":"section","heading":"Schedule of charges to be adopted","content":"### sec.99BRCE Schedule of charges to be adopted\n\nThe distributor-retailer’s board must adopt its infrastructure charges schedule before the schedule is—\nincluded in the distributor-retailer’s water netserv plan; and\nuploaded to the distributor-retailer’s website.\nThe infrastructure charges schedule must include the matters dealt with in the board’s decision under division 3 , subdivisions 1 and 2 .\nA charge in the infrastructure charges schedule takes effect—\nif the infrastructure charges schedule is uploaded to the distributor-retailer’s website before the beginning of the day stated in the board decision as the day the charge takes effect—on the day stated in the board decision; or\notherwise—the day the infrastructure charges schedule is uploaded to the distributor-retailer’s website.\ns 99BRCE ins 2014 No. 36 s 45\n(sec.99BRCE-ssec.1) The distributor-retailer’s board must adopt its infrastructure charges schedule before the schedule is— included in the distributor-retailer’s water netserv plan; and uploaded to the distributor-retailer’s website.\n(sec.99BRCE-ssec.2) The infrastructure charges schedule must include the matters dealt with in the board’s decision under division 3 , subdivisions 1 and 2 .\n(sec.99BRCE-ssec.3) A charge in the infrastructure charges schedule takes effect— if the infrastructure charges schedule is uploaded to the distributor-retailer’s website before the beginning of the day stated in the board decision as the day the charge takes effect—on the day stated in the board decision; or otherwise—the day the infrastructure charges schedule is uploaded to the distributor-retailer’s website.\n- (a) included in the distributor-retailer’s water netserv plan; and\n- (b) uploaded to the distributor-retailer’s website.\n- (a) if the infrastructure charges schedule is uploaded to the distributor-retailer’s website before the beginning of the day stated in the board decision as the day the charge takes effect—on the day stated in the board decision; or\n- (b) otherwise—the day the infrastructure charges schedule is uploaded to the distributor-retailer’s website.","sortOrder":616},{"sectionNumber":"ch.4C-pt.7-div.3","sectionType":"division","heading":"Charges for trunk infrastructure","content":"## Charges for trunk infrastructure","sortOrder":617},{"sectionNumber":"sec.99BRCF","sectionType":"section","heading":"Power to adopt charges by board decision","content":"### sec.99BRCF Power to adopt charges by board decision\n\nA distributor-retailer’s board may decide (a board decision ) to adopt charges (each an adopted charge ) for providing trunk infrastructure in relation to its water service or wastewater service.\nSee also section 140F .\nHowever—\na board decision does not, of itself, levy an adopted charge; and\nthe making of a board decision is subject to subdivision 2 ; and\nan adopted charge must not be for trunk infrastructure that relates to—\nwork or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or\ndevelopment in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or\ndevelopment by a department, or part of a department, under a designation under the Planning Act ; or\ndevelopment for a non-State school under a designation; or\npublic housing; or\ndevelopment prescribed by regulation.\nA board decision must state the day when an adopted charge in the board decision is to take effect.\nSee section 99BRCE (3) .\nIn this section—\ndesignation see the Planning Act , section 35 (1) .\nnon-State school see the Education (Accreditation of Non-State Schools) Act 2017 , section 6 .\npublic housing —\nmeans housing—\nprovided by, or for, the State or a statutory body representing the State; and\nfor short or long term residential use; and\nthat is totally or partly subsidised by the State or a statutory body representing the State; and\nincludes services provided mainly for residents of the housing.\ns 99BRCF ins 2014 No. 36 s 45\namd 2016 No. 17 s 136 ; 2016 No. 27 s 479 ; 2020 No. 14 s 210 ; 2025 No. 14 s 85M\n(sec.99BRCF-ssec.1) A distributor-retailer’s board may decide (a board decision ) to adopt charges (each an adopted charge ) for providing trunk infrastructure in relation to its water service or wastewater service. See also section 140F .\n(sec.99BRCF-ssec.2) However— a board decision does not, of itself, levy an adopted charge; and the making of a board decision is subject to subdivision 2 ; and an adopted charge must not be for trunk infrastructure that relates to— work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or development by a department, or part of a department, under a designation under the Planning Act ; or development for a non-State school under a designation; or public housing; or development prescribed by regulation.\n(sec.99BRCF-ssec.3) A board decision must state the day when an adopted charge in the board decision is to take effect. See section 99BRCE (3) .\n(sec.99BRCF-ssec.4) In this section— designation see the Planning Act , section 35 (1) . non-State school see the Education (Accreditation of Non-State Schools) Act 2017 , section 6 . public housing — means housing— provided by, or for, the State or a statutory body representing the State; and for short or long term residential use; and that is totally or partly subsidised by the State or a statutory body representing the State; and includes services provided mainly for residents of the housing.\n- (a) a board decision does not, of itself, levy an adopted charge; and\n- (b) the making of a board decision is subject to subdivision 2 ; and\n- (c) an adopted charge must not be for trunk infrastructure that relates to— (i) work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or (ii) development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or (iii) development by a department, or part of a department, under a designation under the Planning Act ; or (iv) development for a non-State school under a designation; or (v) public housing; or (vi) development prescribed by regulation.\n- (i) work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or\n- (ii) development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or\n- (iii) development by a department, or part of a department, under a designation under the Planning Act ; or\n- (iv) development for a non-State school under a designation; or\n- (v) public housing; or\n- (vi) development prescribed by regulation.\n- (i) work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or\n- (ii) development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or\n- (iii) development by a department, or part of a department, under a designation under the Planning Act ; or\n- (iv) development for a non-State school under a designation; or\n- (v) public housing; or\n- (vi) development prescribed by regulation.\n- (a) means housing— (i) provided by, or for, the State or a statutory body representing the State; and (ii) for short or long term residential use; and (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and\n- (i) provided by, or for, the State or a statutory body representing the State; and\n- (ii) for short or long term residential use; and\n- (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and\n- (b) includes services provided mainly for residents of the housing.\n- (i) provided by, or for, the State or a statutory body representing the State; and\n- (ii) for short or long term residential use; and\n- (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and","sortOrder":618},{"sectionNumber":"sec.99BRCG","sectionType":"section","heading":"Matters for board decision","content":"### sec.99BRCG Matters for board decision\n\nAn adopted charge may be made for providing trunk infrastructure for a land use if—\nthe land use is prescribed by regulation under the Planning Act , section 112 (3) (b) ; and\nthe charge is no more than the proportion of the maximum adopted charge for trunk infrastructure the distributor-retailer may have under—\na breakup agreement to which it is a party; or\nif it is not a party to a breakup agreement—a regulation under the Planning Act .\nThere may be different adopted charges for providing trunk infrastructure in different parts of the distributor-retailer’s geographic area.\nAlso, a board decision may do either or both of the following—\ndeclare there is no adopted charge for part or all of the distributor-retailer’s geographic area;\nmake a provision (an automatic increase provision ) that provides for automatic increases in levied charges from when they are levied to when they are paid.\nHowever, an automatic increase provision must state how increases under it are to be worked out.\nAlso, the automatic increase must not be more than the lesser of the following—\nthe difference between the levied charge and the amount mentioned in subsection (1) (b) the distributor-retailer could have levied for the trunk infrastructure when the charge is paid;\nthe increase worked out using the PPI, adjusted according to the 3-yearly PPI average, for the period—\nstarting on the day the levied charge is levied; and\nending on the day the charge is paid.\nIn this section—\n3-yearly PPI average means the PPI adjusted according to the 3-year moving average quarterly percentage change between financial quarters.\nmaximum adopted charge , for a financial year, for trunk infrastructure, means the sum of—\nthe maximum amount for an adopted charge for the infrastructure—\nprescribed under the Planning Act , section 112 (1) ; and\nin force at the start of the financial year; and\nan amount equal to the amount mentioned in paragraph (a) multiplied by the sum of the percentage increases for each financial quarter since the amount was last prescribed or amended.\npercentage increase means the 3-yearly moving average quarterly percentage increase in the PPI.\ns 99BRCG ins 2014 No. 36 s 45\namd 2016 No. 27 s 480\n(sec.99BRCG-ssec.1) An adopted charge may be made for providing trunk infrastructure for a land use if— the land use is prescribed by regulation under the Planning Act , section 112 (3) (b) ; and the charge is no more than the proportion of the maximum adopted charge for trunk infrastructure the distributor-retailer may have under— a breakup agreement to which it is a party; or if it is not a party to a breakup agreement—a regulation under the Planning Act .\n(sec.99BRCG-ssec.2) There may be different adopted charges for providing trunk infrastructure in different parts of the distributor-retailer’s geographic area.\n(sec.99BRCG-ssec.3) Also, a board decision may do either or both of the following— declare there is no adopted charge for part or all of the distributor-retailer’s geographic area; make a provision (an automatic increase provision ) that provides for automatic increases in levied charges from when they are levied to when they are paid.\n(sec.99BRCG-ssec.4) However, an automatic increase provision must state how increases under it are to be worked out.\n(sec.99BRCG-ssec.5) Also, the automatic increase must not be more than the lesser of the following— the difference between the levied charge and the amount mentioned in subsection (1) (b) the distributor-retailer could have levied for the trunk infrastructure when the charge is paid; the increase worked out using the PPI, adjusted according to the 3-yearly PPI average, for the period— starting on the day the levied charge is levied; and ending on the day the charge is paid.\n(sec.99BRCG-ssec.6) In this section— 3-yearly PPI average means the PPI adjusted according to the 3-year moving average quarterly percentage change between financial quarters. maximum adopted charge , for a financial year, for trunk infrastructure, means the sum of— the maximum amount for an adopted charge for the infrastructure— prescribed under the Planning Act , section 112 (1) ; and in force at the start of the financial year; and an amount equal to the amount mentioned in paragraph (a) multiplied by the sum of the percentage increases for each financial quarter since the amount was last prescribed or amended. percentage increase means the 3-yearly moving average quarterly percentage increase in the PPI.\n- (a) the land use is prescribed by regulation under the Planning Act , section 112 (3) (b) ; and\n- (b) the charge is no more than the proportion of the maximum adopted charge for trunk infrastructure the distributor-retailer may have under— (i) a breakup agreement to which it is a party; or (ii) if it is not a party to a breakup agreement—a regulation under the Planning Act .\n- (i) a breakup agreement to which it is a party; or\n- (ii) if it is not a party to a breakup agreement—a regulation under the Planning Act .\n- (i) a breakup agreement to which it is a party; or\n- (ii) if it is not a party to a breakup agreement—a regulation under the Planning Act .\n- (a) declare there is no adopted charge for part or all of the distributor-retailer’s geographic area;\n- (b) make a provision (an automatic increase provision ) that provides for automatic increases in levied charges from when they are levied to when they are paid.\n- (a) the difference between the levied charge and the amount mentioned in subsection (1) (b) the distributor-retailer could have levied for the trunk infrastructure when the charge is paid;\n- (b) the increase worked out using the PPI, adjusted according to the 3-yearly PPI average, for the period— (i) starting on the day the levied charge is levied; and (ii) ending on the day the charge is paid.\n- (i) starting on the day the levied charge is levied; and\n- (ii) ending on the day the charge is paid.\n- (i) starting on the day the levied charge is levied; and\n- (ii) ending on the day the charge is paid.\n- (a) the maximum amount for an adopted charge for the infrastructure— (i) prescribed under the Planning Act , section 112 (1) ; and (ii) in force at the start of the financial year; and\n- (i) prescribed under the Planning Act , section 112 (1) ; and\n- (ii) in force at the start of the financial year; and\n- (b) an amount equal to the amount mentioned in paragraph (a) multiplied by the sum of the percentage increases for each financial quarter since the amount was last prescribed or amended.\n- (i) prescribed under the Planning Act , section 112 (1) ; and\n- (ii) in force at the start of the financial year; and","sortOrder":619},{"sectionNumber":"sec.99BRCH","sectionType":"section","heading":"Working out cost of infrastructure for offset or refund","content":"### sec.99BRCH Working out cost of infrastructure for offset or refund\n\nFor the purpose of working out an offset or refund under this part, a board decision must include a method for working out the cost of the infrastructure the subject of the offset or refund.\nThe method must be consistent with the parameters for the purpose provided for under a guideline under the Planning Act , section 116 (2) .\ns 99BRCH ins 2014 No. 36 s 45\namd 2016 No. 27 s 481\n(sec.99BRCH-ssec.1) For the purpose of working out an offset or refund under this part, a board decision must include a method for working out the cost of the infrastructure the subject of the offset or refund.\n(sec.99BRCH-ssec.2) The method must be consistent with the parameters for the purpose provided for under a guideline under the Planning Act , section 116 (2) .","sortOrder":620},{"sectionNumber":"sec.99BRCHA","sectionType":"section","heading":"Criteria for deciding conversion application","content":"### sec.99BRCHA Criteria for deciding conversion application\n\nA board decision must include criteria for deciding a conversion application.\nThe criteria must be consistent with parameters for the criteria provided for under a guideline mentioned in the Planning Act , section 117 (2) .\ns 99BRCHA ins 2014 No. 36 s 45\namd 2016 No. 27 s 482\n(sec.99BRCHA-ssec.1) A board decision must include criteria for deciding a conversion application.\n(sec.99BRCHA-ssec.2) The criteria must be consistent with parameters for the criteria provided for under a guideline mentioned in the Planning Act , section 117 (2) .","sortOrder":621},{"sectionNumber":"sec.99BRCI","sectionType":"section","heading":"When charge may be levied and recovered","content":"### sec.99BRCI When charge may be levied and recovered\n\nThis section applies if—\na distributor-retailer has given a water approval; and\nan adopted charge applies for providing the trunk infrastructure.\nThe distributor-retailer must give the applicant for the water approval an infrastructure charges notice.\nFor the giving of an infrastructure charges notice for the part of a water approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AU (5) and (6) of that Act.\nThe infrastructure charges notice must be given within 10 business days after the distributor-retailer gives the applicant a decision notice under section 99BRAI or a notice under section 99BRAU (5) .\nSubsection (3) is subject to any provision under which an infrastructure charges notice may be amended or replaced.\nSee sections 99BRAK (5) (c) , 99BRDC (3) and 99BRDH (4) .\nThe infrastructure charges notice lapses if the water approval stops having effect.\nA charge (a levied charge ) under an infrastructure charges notice—\nis subject to sections 99BRCJ and 99BRCT ; and\nis payable by the applicant; and\nattaches to the premises; and\nbecomes payable as provided for under subdivision 4 ; and\nis subject to any agreement under section 99BRCM (1) ; and\nmay be recovered, in whole or part, by the distributor-retailer from the applicant as a debt.\ns 99BRCI ins 2014 No. 36 s 45\namd 2014 No. 64 s 51C ; 2016 No. 27 s 483 ; 2019 No. 11 s 227\n(sec.99BRCI-ssec.1) This section applies if— a distributor-retailer has given a water approval; and an adopted charge applies for providing the trunk infrastructure.\n(sec.99BRCI-ssec.2) The distributor-retailer must give the applicant for the water approval an infrastructure charges notice. For the giving of an infrastructure charges notice for the part of a water approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AU (5) and (6) of that Act.\n(sec.99BRCI-ssec.3) The infrastructure charges notice must be given within 10 business days after the distributor-retailer gives the applicant a decision notice under section 99BRAI or a notice under section 99BRAU (5) .\n(sec.99BRCI-ssec.4) Subsection (3) is subject to any provision under which an infrastructure charges notice may be amended or replaced. See sections 99BRAK (5) (c) , 99BRDC (3) and 99BRDH (4) .\n(sec.99BRCI-ssec.5) The infrastructure charges notice lapses if the water approval stops having effect.\n(sec.99BRCI-ssec.6) A charge (a levied charge ) under an infrastructure charges notice— is subject to sections 99BRCJ and 99BRCT ; and is payable by the applicant; and attaches to the premises; and becomes payable as provided for under subdivision 4 ; and is subject to any agreement under section 99BRCM (1) ; and may be recovered, in whole or part, by the distributor-retailer from the applicant as a debt.\n- (a) a distributor-retailer has given a water approval; and\n- (b) an adopted charge applies for providing the trunk infrastructure.\n- (a) is subject to sections 99BRCJ and 99BRCT ; and\n- (b) is payable by the applicant; and\n- (c) attaches to the premises; and\n- (d) becomes payable as provided for under subdivision 4 ; and\n- (e) is subject to any agreement under section 99BRCM (1) ; and\n- (f) may be recovered, in whole or part, by the distributor-retailer from the applicant as a debt.","sortOrder":622},{"sectionNumber":"sec.99BRCJ","sectionType":"section","heading":"Levied charge","content":"### sec.99BRCJ Levied charge\n\nA levied charge under an infrastructure charges notice for a water approval for premises may be for additional demand placed on trunk infrastructure that will be generated by the connection the subject of the approval (the approved connection ).\nIn working out additional demand, any existing demand for a water service or wastewater service may be included if—\nthe existing demand is not the subject of another water approval for the premises; or\nthe existing demand is the subject of another water approval for the premises and an infrastructure requirement given or imposed in relation to the other water approval has not been complied with.\nAlso, the demand on trunk infrastructure generated by a prescribed development or use may be included if—\nan infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or\nthe prescribed development or use has not been carried out on the premises and either of the following apply—\nthe approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement;\nThe approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling.\nan infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises.\nIn this section—\ncharges notice means—\nan infrastructure charges notice under this Act or the Planning Act ; or\na notice mentioned in the repealed SPA , section 977 (1) .\ndevelopment see the Planning Act , schedule 2 .\ninfrastructure requirement means a charges notice, a water approval condition or a condition of a development approval if the notice or condition requires infrastructure or a payment in relation to demand on infrastructure.\nprescribed development or use , in relation to the water approval mentioned in subsection (1) , means—\ndevelopment that may be carried out on the premises to which the water approval relates without a development permit under the Planning Act ; or\naccepted development under the Planning Act\ndevelopment that is the subject of a development approval for the premises; or\nan existing use of the premises that is lawful and is already being carried out on the premises; or\na previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or\nanother use of the premises that—\nis a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or\nis or is taken to be a lawful use of the premises under the Planning Act or another Act.\ns 99BRCJ ins 2014 No. 36 s 45\namd 2014 No. 64 s 51D ; 2016 No. 27 s 484\nsub 2025 No. 14 s 85N\n(sec.99BRCJ-ssec.1) A levied charge under an infrastructure charges notice for a water approval for premises may be for additional demand placed on trunk infrastructure that will be generated by the connection the subject of the approval (the approved connection ).\n(sec.99BRCJ-ssec.2) In working out additional demand, any existing demand for a water service or wastewater service may be included if— the existing demand is not the subject of another water approval for the premises; or the existing demand is the subject of another water approval for the premises and an infrastructure requirement given or imposed in relation to the other water approval has not been complied with.\n(sec.99BRCJ-ssec.3) Also, the demand on trunk infrastructure generated by a prescribed development or use may be included if— an infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or the prescribed development or use has not been carried out on the premises and either of the following apply— the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling. an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises.\n(sec.99BRCJ-ssec.4) In this section— charges notice means— an infrastructure charges notice under this Act or the Planning Act ; or a notice mentioned in the repealed SPA , section 977 (1) . development see the Planning Act , schedule 2 . infrastructure requirement means a charges notice, a water approval condition or a condition of a development approval if the notice or condition requires infrastructure or a payment in relation to demand on infrastructure. prescribed development or use , in relation to the water approval mentioned in subsection (1) , means— development that may be carried out on the premises to which the water approval relates without a development permit under the Planning Act ; or accepted development under the Planning Act development that is the subject of a development approval for the premises; or an existing use of the premises that is lawful and is already being carried out on the premises; or a previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or another use of the premises that— is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or is or is taken to be a lawful use of the premises under the Planning Act or another Act.\n- (a) the existing demand is not the subject of another water approval for the premises; or\n- (b) the existing demand is the subject of another water approval for the premises and an infrastructure requirement given or imposed in relation to the other water approval has not been complied with.\n- (a) an infrastructure requirement given or imposed in relation to the prescribed development or use has not been complied with; or\n- (b) the prescribed development or use has not been carried out on the premises and either of the following apply— (i) the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; Example of an approved connection that is for or relates to a prescribed development or use— The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling. (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises.\n- (i) the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; Example of an approved connection that is for or relates to a prescribed development or use— The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling.\n- (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises.\n- (i) the approved connection is for or relates to the prescribed development or use and the demand on trunk infrastructure generated by the prescribed development or use has not been included in working out additional demand for another infrastructure requirement; Example of an approved connection that is for or relates to a prescribed development or use— The approved connection is for a multiple dwelling. A material change of use of the premises for the multiple dwelling is accepted development under the Planning Act . The approved connection is for the material change of use, and the use of the premises for the multiple dwelling.\n- (ii) an infrastructure requirement applying to the premises on which the prescribed development or use will be carried out was given or imposed on the basis of development or a use of a lower scale or intensity being carried out on the premises.\n- (a) an infrastructure charges notice under this Act or the Planning Act ; or\n- (b) a notice mentioned in the repealed SPA , section 977 (1) .\n- (a) development that may be carried out on the premises to which the water approval relates without a development permit under the Planning Act ; or Example of development that may be carried out without a development permit under the Planning Act — accepted development under the Planning Act\n- (b) development that is the subject of a development approval for the premises; or\n- (c) an existing use of the premises that is lawful and is already being carried out on the premises; or\n- (d) a previous use of the premises that is no longer being carried out on the premises if the use was lawful when it was carried out; or\n- (e) another use of the premises that— (i) is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or (ii) is or is taken to be a lawful use of the premises under the Planning Act or another Act.\n- (i) is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or\n- (ii) is or is taken to be a lawful use of the premises under the Planning Act or another Act.\n- (i) is a natural and ordinary consequence of development mentioned in paragraph (a) or (b) ; or\n- (ii) is or is taken to be a lawful use of the premises under the Planning Act or another Act.","sortOrder":623},{"sectionNumber":"sec.99BRCK","sectionType":"section","heading":"Requirements for infrastructure charges notice","content":"### sec.99BRCK Requirements for infrastructure charges notice\n\nAn infrastructure charges notice must state all of the following for the levied charge—\nits current amount;\nhow it has been worked out;\nthe land;\nwhen it will be payable under section 99BRCL (without considering any possible water infrastructure agreement);\nif an automatic increase provision applies—\nthat it is subject to automatic increases; and\nhow the increases are worked out under the provision;\nwhether an offset or refund under this part applies and, if so, information about the offset or refund, including when the refund will be given.\nHowever, the infrastructure charges notice need not include the information mentioned in subsection (1) (f) if the person who is to receive the notice has—\nadvised, in writing, the distributor-retailer giving the notice that the information need not be included in the notice; or\nindicated, in an approved form, that the information need not be included in the notice.\nThe infrastructure charges notice must—\nstate the date of the notice; and\nstate any review or appeal rights the recipient of the notice has in relation to the notice; and\nSee chapter 4C , part 4 for reviews and appeals in relation to a decision to give an infrastructure charges notice.\ninclude or be accompanied by any other information prescribed by regulation.\ns 99BRCK ins 2014 No. 36 s 45\namd 2014 No. 64 s 51E ; 2015 No. 25 s 9 ; 2019 No. 17 s 317\n(sec.99BRCK-ssec.1) An infrastructure charges notice must state all of the following for the levied charge— its current amount; how it has been worked out; the land; when it will be payable under section 99BRCL (without considering any possible water infrastructure agreement); if an automatic increase provision applies— that it is subject to automatic increases; and how the increases are worked out under the provision; whether an offset or refund under this part applies and, if so, information about the offset or refund, including when the refund will be given.\n(sec.99BRCK-ssec.1A) However, the infrastructure charges notice need not include the information mentioned in subsection (1) (f) if the person who is to receive the notice has— advised, in writing, the distributor-retailer giving the notice that the information need not be included in the notice; or indicated, in an approved form, that the information need not be included in the notice.\n(sec.99BRCK-ssec.2) The infrastructure charges notice must— state the date of the notice; and state any review or appeal rights the recipient of the notice has in relation to the notice; and See chapter 4C , part 4 for reviews and appeals in relation to a decision to give an infrastructure charges notice. include or be accompanied by any other information prescribed by regulation.\n- (a) its current amount;\n- (b) how it has been worked out;\n- (c) the land;\n- (d) when it will be payable under section 99BRCL (without considering any possible water infrastructure agreement);\n- (e) if an automatic increase provision applies— (i) that it is subject to automatic increases; and (ii) how the increases are worked out under the provision;\n- (i) that it is subject to automatic increases; and\n- (ii) how the increases are worked out under the provision;\n- (f) whether an offset or refund under this part applies and, if so, information about the offset or refund, including when the refund will be given.\n- (i) that it is subject to automatic increases; and\n- (ii) how the increases are worked out under the provision;\n- (a) advised, in writing, the distributor-retailer giving the notice that the information need not be included in the notice; or\n- (b) indicated, in an approved form, that the information need not be included in the notice.\n- (a) state the date of the notice; and\n- (b) state any review or appeal rights the recipient of the notice has in relation to the notice; and Note— See chapter 4C , part 4 for reviews and appeals in relation to a decision to give an infrastructure charges notice.\n- (c) include or be accompanied by any other information prescribed by regulation.","sortOrder":624},{"sectionNumber":"sec.99BRCL","sectionType":"section","heading":"Payment triggers generally","content":"### sec.99BRCL Payment triggers generally\n\nA levied charge for trunk infrastructure becomes payable—\nif the charge applies for a water approval and there is a related reconfiguring of a lot that is assessable development—when the network connection is made; or\notherwise—when the property service connection is made.\nThis section is subject to any relevant water infrastructure agreement.\nIn this section—\nassessable development see the Planning Act , section 44 (3) .\ns 99BRCL ins 2014 No. 36 s 45\namd 2016 No. 27 s 485\n(sec.99BRCL-ssec.1) A levied charge for trunk infrastructure becomes payable— if the charge applies for a water approval and there is a related reconfiguring of a lot that is assessable development—when the network connection is made; or otherwise—when the property service connection is made.\n(sec.99BRCL-ssec.2) This section is subject to any relevant water infrastructure agreement.\n(sec.99BRCL-ssec.3) In this section— assessable development see the Planning Act , section 44 (3) .\n- (a) if the charge applies for a water approval and there is a related reconfiguring of a lot that is assessable development—when the network connection is made; or\n- (b) otherwise—when the property service connection is made.","sortOrder":625},{"sectionNumber":"sec.99BRCM","sectionType":"section","heading":"Agreements about payment or provision instead of payment","content":"### sec.99BRCM Agreements about payment or provision instead of payment\n\nThe recipient of an infrastructure charges notice and the distributor-retailer that gave it may agree about either or both of the following—\nwhether the levied charge may be paid other than as required under section 99BRCL , including whether it may be paid by instalments;\nwhether infrastructure may be provided instead of paying part or all of the levied charge.\nIf the levied charge is subject to an automatic increase provision, the agreement must state how increases in the charges are payable under the agreement.\ns 99BRCM ins 2014 No. 36 s 45\n(sec.99BRCM-ssec.1) The recipient of an infrastructure charges notice and the distributor-retailer that gave it may agree about either or both of the following— whether the levied charge may be paid other than as required under section 99BRCL , including whether it may be paid by instalments; whether infrastructure may be provided instead of paying part or all of the levied charge.\n(sec.99BRCM-ssec.2) If the levied charge is subject to an automatic increase provision, the agreement must state how increases in the charges are payable under the agreement.\n- (a) whether the levied charge may be paid other than as required under section 99BRCL , including whether it may be paid by instalments;\n- (b) whether infrastructure may be provided instead of paying part or all of the levied charge.","sortOrder":626},{"sectionNumber":"sec.99BRCN","sectionType":"section","heading":"Application of Planning Act , ch 4 , pt 2 , div 2 , sdiv 5","content":"### sec.99BRCN Application of Planning Act , ch 4 , pt 2 , div 2 , sdiv 5\n\nThe Planning Act , chapter 4 , part 2 , division 2 , subdivision 5 applies to an infrastructure charges notice given by a distributor-retailer with any necessary changes, as if a reference in the subdivision to—\nan infrastructure charges notice were a reference to an infrastructure charges notice under this Act; and\nthe local government that gave the infrastructure charges notice were the distributor-retailer that gave the infrastructure charges notice under this Act; and\nthe appeal period for the infrastructure charges notice were a reference to the period within which the recipient of the infrastructure charges notice may make an internal review application under part 4 , division 2 of this Act about the decision to give an infrastructure charges notice.\ns 99BRCN ins 2014 No. 36 s 45\namd 2016 No. 27 s 486\n- (a) an infrastructure charges notice were a reference to an infrastructure charges notice under this Act; and\n- (b) the local government that gave the infrastructure charges notice were the distributor-retailer that gave the infrastructure charges notice under this Act; and\n- (c) the appeal period for the infrastructure charges notice were a reference to the period within which the recipient of the infrastructure charges notice may make an internal review application under part 4 , division 2 of this Act about the decision to give an infrastructure charges notice.","sortOrder":627},{"sectionNumber":"sec.99BRCO","sectionType":"section","heading":"Distributor-retailer may supply different trunk infrastructure from that identified in a water netserv plan","content":"### sec.99BRCO Distributor-retailer may supply different trunk infrastructure from that identified in a water netserv plan\n\nA distributor-retailer may supply different trunk infrastructure from the infrastructure identified in its water netserv plan if the infrastructure supplied delivers the same desired standard of service identified in the plan.\ns 99BRCO ins 2014 No. 36 s 45","sortOrder":628},{"sectionNumber":"ch.4C-pt.7-div.4","sectionType":"division","heading":"Water approval conditions about trunk infrastructure","content":"## Water approval conditions about trunk infrastructure","sortOrder":629},{"sectionNumber":"sec.99BRCP","sectionType":"section","heading":"Application and operation of sdiv 1","content":"### sec.99BRCP Application and operation of sdiv 1\n\nThis subdivision applies if trunk infrastructure necessary to service the premises the subject of a water approval (the subject premises )—\nhas not been provided; or\nhas been provided but is inadequate.\nSections 99BRCQ and 99BRCR provide for a distributor-retailer to be able to impose particular water approval conditions (each condition is a necessary infrastructure condition ) on any water approval given.\ns 99BRCP ins 2014 No. 36 s 45\n(sec.99BRCP-ssec.1) This subdivision applies if trunk infrastructure necessary to service the premises the subject of a water approval (the subject premises )— has not been provided; or has been provided but is inadequate.\n(sec.99BRCP-ssec.2) Sections 99BRCQ and 99BRCR provide for a distributor-retailer to be able to impose particular water approval conditions (each condition is a necessary infrastructure condition ) on any water approval given.\n- (a) has not been provided; or\n- (b) has been provided but is inadequate.","sortOrder":630},{"sectionNumber":"sec.99BRCQ","sectionType":"section","heading":"Necessary infrastructure condition for infrastructure identified in water netserv plan","content":"### sec.99BRCQ Necessary infrastructure condition for infrastructure identified in water netserv plan\n\nThis section applies if the distributor-retailer’s water netserv plan identifies adequate trunk infrastructure to service the subject premises.\nThe distributor-retailer may impose a water approval condition requiring either or both of the following to be provided at a stated time—\nthe identified infrastructure;\ndifferent trunk infrastructure delivering the same desired standard of service.\ns 99BRCQ ins 2014 No. 36 s 45\n(sec.99BRCQ-ssec.1) This section applies if the distributor-retailer’s water netserv plan identifies adequate trunk infrastructure to service the subject premises.\n(sec.99BRCQ-ssec.2) The distributor-retailer may impose a water approval condition requiring either or both of the following to be provided at a stated time— the identified infrastructure; different trunk infrastructure delivering the same desired standard of service.\n- (a) the identified infrastructure;\n- (b) different trunk infrastructure delivering the same desired standard of service.","sortOrder":631},{"sectionNumber":"sec.99BRCR","sectionType":"section","heading":"Necessary infrastructure condition for other infrastructure","content":"### sec.99BRCR Necessary infrastructure condition for other infrastructure\n\nThis section applies if the distributor-retailer’s water netserv plan does not identify adequate trunk infrastructure to service the subject premises.\nThe distributor-retailer may impose a water approval condition that requires development infrastructure necessary to service the premises to be provided at a stated time.\nSee schedule, definition trunk infrastructure .\nHowever, the distributor-retailer may impose a condition under subsection (2) only if the development infrastructure services a connection consistent with the assumptions stated in the water netserv plan about the type, scale, location, timing or intensity of future development.\ns 99BRCR ins 2014 No. 36 s 45\namd 2014 No. 64 s 51F\n(sec.99BRCR-ssec.1) This section applies if the distributor-retailer’s water netserv plan does not identify adequate trunk infrastructure to service the subject premises.\n(sec.99BRCR-ssec.2) The distributor-retailer may impose a water approval condition that requires development infrastructure necessary to service the premises to be provided at a stated time. See schedule, definition trunk infrastructure .\n(sec.99BRCR-ssec.3) However, the distributor-retailer may impose a condition under subsection (2) only if the development infrastructure services a connection consistent with the assumptions stated in the water netserv plan about the type, scale, location, timing or intensity of future development.","sortOrder":632},{"sectionNumber":"sec.99BRCS","sectionType":"section","heading":"Deemed compliance with reasonable or relevant requirement","content":"### sec.99BRCS Deemed compliance with reasonable or relevant requirement\n\nA necessary infrastructure condition is taken to comply with section 99BRAJ (1) if—\ngenerally, the infrastructure required is—\nnecessary to service the subject premises; and\nthe most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and\nfor a necessary infrastructure condition that requires the provision of the infrastructure on the subject premises, its provision—\nis not an unreasonable imposition on the connection; and\nis reasonably required for the connection.\nTo remove any doubt, it is declared that a necessary infrastructure condition may be imposed for infrastructure even if it will service premises other than the subject premises.\ns 99BRCS ins 2014 No. 36 s 45\n(sec.99BRCS-ssec.1) A necessary infrastructure condition is taken to comply with section 99BRAJ (1) if— generally, the infrastructure required is— necessary to service the subject premises; and the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and for a necessary infrastructure condition that requires the provision of the infrastructure on the subject premises, its provision— is not an unreasonable imposition on the connection; and is reasonably required for the connection.\n(sec.99BRCS-ssec.2) To remove any doubt, it is declared that a necessary infrastructure condition may be imposed for infrastructure even if it will service premises other than the subject premises.\n- (a) generally, the infrastructure required is— (i) necessary to service the subject premises; and (ii) the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and\n- (i) necessary to service the subject premises; and\n- (ii) the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and\n- (b) for a necessary infrastructure condition that requires the provision of the infrastructure on the subject premises, its provision— (i) is not an unreasonable imposition on the connection; and (ii) is reasonably required for the connection.\n- (i) is not an unreasonable imposition on the connection; and\n- (ii) is reasonably required for the connection.\n- (i) necessary to service the subject premises; and\n- (ii) the most efficient and cost-effective solution for servicing other premises in the general area of the subject premises; and\n- (i) is not an unreasonable imposition on the connection; and\n- (ii) is reasonably required for the connection.","sortOrder":633},{"sectionNumber":"sec.99BRCT","sectionType":"section","heading":"Offset or refund requirements","content":"### sec.99BRCT Offset or refund requirements\n\nThis section applies if—\ntrunk infrastructure the subject of a necessary infrastructure condition services, or is planned to service, premises other than the subject premises; and\nan adopted charge applies for the trunk infrastructure.\nIf the cost of the infrastructure required to be provided under the condition is equal to or less than the amount worked out by applying the adopted charge to the connection, the cost must be offset against that amount.\nFor how the cost is worked out, see sections 99BRCH and 99BRDC .\nIf the cost of the infrastructure required to be provided under the condition is more than the amount worked out by applying the adopted charge to the connection—\nthere is no amount payable by the applicant for the relevant water approval; and\nthe distributor-retailer must refund the applicant an amount equal to the difference between the establishment cost of the trunk infrastructure and the amount worked out by applying the adopted charge to the connection.\ns 99BRCT ins 2014 No. 36 s 45\namd 2014 No. 64 s 51G\n(sec.99BRCT-ssec.1) This section applies if— trunk infrastructure the subject of a necessary infrastructure condition services, or is planned to service, premises other than the subject premises; and an adopted charge applies for the trunk infrastructure.\n(sec.99BRCT-ssec.2) If the cost of the infrastructure required to be provided under the condition is equal to or less than the amount worked out by applying the adopted charge to the connection, the cost must be offset against that amount. For how the cost is worked out, see sections 99BRCH and 99BRDC .\n(sec.99BRCT-ssec.3) If the cost of the infrastructure required to be provided under the condition is more than the amount worked out by applying the adopted charge to the connection— there is no amount payable by the applicant for the relevant water approval; and the distributor-retailer must refund the applicant an amount equal to the difference between the establishment cost of the trunk infrastructure and the amount worked out by applying the adopted charge to the connection.\n- (a) trunk infrastructure the subject of a necessary infrastructure condition services, or is planned to service, premises other than the subject premises; and\n- (b) an adopted charge applies for the trunk infrastructure.\n- (a) there is no amount payable by the applicant for the relevant water approval; and\n- (b) the distributor-retailer must refund the applicant an amount equal to the difference between the establishment cost of the trunk infrastructure and the amount worked out by applying the adopted charge to the connection.","sortOrder":634},{"sectionNumber":"sec.99BRCU","sectionType":"section","heading":"Power to impose","content":"### sec.99BRCU Power to impose\n\nA distributor-retailer may impose a condition (an additional payment condition ) on a water approval requiring the payment of additional trunk infrastructure costs if—\nthe connection—\nwill generate infrastructure demand of more than that required to service the type, scale or intensity of future development assumed in the water netserv plan; or\nwill require new trunk infrastructure earlier than when identified in the distributor-retailer’s water netserv plan; or\nis for premises completely or partly outside the connection area and future connection area; and\nthe connection would impose additional trunk infrastructure costs on the distributor-retailer after taking into account either or both of the following—\nlevied charges for the trunk infrastructure;\ntrunk infrastructure provided, or to be provided, by the applicant under this part.\nAn additional payment condition is taken to comply with section 99BRAJ (1) to the extent the infrastructure is necessary, but not yet available, to service the connection.\nSubsection (2) applies even if the infrastructure is also intended to service other premises.\nThe power to impose an additional payment condition is subject to the rest of this subdivision.\ns 99BRCU ins 2014 No. 36 s 45\n(sec.99BRCU-ssec.1) A distributor-retailer may impose a condition (an additional payment condition ) on a water approval requiring the payment of additional trunk infrastructure costs if— the connection— will generate infrastructure demand of more than that required to service the type, scale or intensity of future development assumed in the water netserv plan; or will require new trunk infrastructure earlier than when identified in the distributor-retailer’s water netserv plan; or is for premises completely or partly outside the connection area and future connection area; and the connection would impose additional trunk infrastructure costs on the distributor-retailer after taking into account either or both of the following— levied charges for the trunk infrastructure; trunk infrastructure provided, or to be provided, by the applicant under this part.\n(sec.99BRCU-ssec.2) An additional payment condition is taken to comply with section 99BRAJ (1) to the extent the infrastructure is necessary, but not yet available, to service the connection.\n(sec.99BRCU-ssec.3) Subsection (2) applies even if the infrastructure is also intended to service other premises.\n(sec.99BRCU-ssec.4) The power to impose an additional payment condition is subject to the rest of this subdivision.\n- (a) the connection— (i) will generate infrastructure demand of more than that required to service the type, scale or intensity of future development assumed in the water netserv plan; or (ii) will require new trunk infrastructure earlier than when identified in the distributor-retailer’s water netserv plan; or (iii) is for premises completely or partly outside the connection area and future connection area; and\n- (i) will generate infrastructure demand of more than that required to service the type, scale or intensity of future development assumed in the water netserv plan; or\n- (ii) will require new trunk infrastructure earlier than when identified in the distributor-retailer’s water netserv plan; or\n- (iii) is for premises completely or partly outside the connection area and future connection area; and\n- (b) the connection would impose additional trunk infrastructure costs on the distributor-retailer after taking into account either or both of the following— (i) levied charges for the trunk infrastructure; (ii) trunk infrastructure provided, or to be provided, by the applicant under this part.\n- (i) levied charges for the trunk infrastructure;\n- (ii) trunk infrastructure provided, or to be provided, by the applicant under this part.\n- (i) will generate infrastructure demand of more than that required to service the type, scale or intensity of future development assumed in the water netserv plan; or\n- (ii) will require new trunk infrastructure earlier than when identified in the distributor-retailer’s water netserv plan; or\n- (iii) is for premises completely or partly outside the connection area and future connection area; and\n- (i) levied charges for the trunk infrastructure;\n- (ii) trunk infrastructure provided, or to be provided, by the applicant under this part.","sortOrder":635},{"sectionNumber":"sec.99BRCV","sectionType":"section","heading":"Content of additional payment condition","content":"### sec.99BRCV Content of additional payment condition\n\nAn additional payment condition must state all of the following—\nwhy it was imposed;\nthe amount of the payment to be made under the condition;\ndetails of the trunk infrastructure for which the payment is required;\nwhen the amount becomes payable (the payment time );\nthat the applicant may, instead of making the payment, elect to provide part or all of the trunk infrastructure;\nif the applicant so elects—\nany requirements for providing the trunk infrastructure; and\nwhen it must be provided.\nUnless the applicant and the distributor-retailer otherwise agree, the payment time is—\nif the trunk infrastructure is necessary to service the premises—by the day the connection, or work associated with the connection, starts; or\nif the trunk infrastructure is not necessary to service the premises—\nfor a connection associated with reconfiguring a lot—when the network connection is made; or\nfor other connections—when the property service connection is made.\ns 99BRCV ins 2014 No. 36 s 45\n(sec.99BRCV-ssec.1) An additional payment condition must state all of the following— why it was imposed; the amount of the payment to be made under the condition; details of the trunk infrastructure for which the payment is required; when the amount becomes payable (the payment time ); that the applicant may, instead of making the payment, elect to provide part or all of the trunk infrastructure; if the applicant so elects— any requirements for providing the trunk infrastructure; and when it must be provided.\n(sec.99BRCV-ssec.2) Unless the applicant and the distributor-retailer otherwise agree, the payment time is— if the trunk infrastructure is necessary to service the premises—by the day the connection, or work associated with the connection, starts; or if the trunk infrastructure is not necessary to service the premises— for a connection associated with reconfiguring a lot—when the network connection is made; or for other connections—when the property service connection is made.\n- (a) why it was imposed;\n- (b) the amount of the payment to be made under the condition;\n- (c) details of the trunk infrastructure for which the payment is required;\n- (d) when the amount becomes payable (the payment time );\n- (e) that the applicant may, instead of making the payment, elect to provide part or all of the trunk infrastructure;\n- (f) if the applicant so elects— (i) any requirements for providing the trunk infrastructure; and (ii) when it must be provided.\n- (i) any requirements for providing the trunk infrastructure; and\n- (ii) when it must be provided.\n- (i) any requirements for providing the trunk infrastructure; and\n- (ii) when it must be provided.\n- (a) if the trunk infrastructure is necessary to service the premises—by the day the connection, or work associated with the connection, starts; or\n- (b) if the trunk infrastructure is not necessary to service the premises— (i) for a connection associated with reconfiguring a lot—when the network connection is made; or (ii) for other connections—when the property service connection is made.\n- (i) for a connection associated with reconfiguring a lot—when the network connection is made; or\n- (ii) for other connections—when the property service connection is made.\n- (i) for a connection associated with reconfiguring a lot—when the network connection is made; or\n- (ii) for other connections—when the property service connection is made.","sortOrder":636},{"sectionNumber":"sec.99BRCW","sectionType":"section","heading":"Restriction if connection completely in connection area and future connection area","content":"### sec.99BRCW Restriction if connection completely in connection area and future connection area\n\nThis section applies for an additional payment condition imposed by a distributor-retailer for a connection completely inside the connection area and future connection area.\nThe additional payment condition may require a payment only as follows—\nfor trunk infrastructure to be provided earlier than planned in the water netserv plan—the additional establishment cost that would be incurred by the distributor-retailer in providing the trunk infrastructure earlier than planned;\nfor infrastructure associated with a different type, scale or intensity of future development from that assumed in the water netserv plan—the establishment cost of any additional trunk infrastructure made necessary by the connection.\ns 99BRCW ins 2014 No. 36 s 45\namd 2014 No. 64 s 51H\n(sec.99BRCW-ssec.1) This section applies for an additional payment condition imposed by a distributor-retailer for a connection completely inside the connection area and future connection area.\n(sec.99BRCW-ssec.2) The additional payment condition may require a payment only as follows— for trunk infrastructure to be provided earlier than planned in the water netserv plan—the additional establishment cost that would be incurred by the distributor-retailer in providing the trunk infrastructure earlier than planned; for infrastructure associated with a different type, scale or intensity of future development from that assumed in the water netserv plan—the establishment cost of any additional trunk infrastructure made necessary by the connection.\n- (a) for trunk infrastructure to be provided earlier than planned in the water netserv plan—the additional establishment cost that would be incurred by the distributor-retailer in providing the trunk infrastructure earlier than planned;\n- (b) for infrastructure associated with a different type, scale or intensity of future development from that assumed in the water netserv plan—the establishment cost of any additional trunk infrastructure made necessary by the connection.","sortOrder":637},{"sectionNumber":"sec.99BRCX","sectionType":"section","heading":"Other area restrictions","content":"### sec.99BRCX Other area restrictions\n\nThis section applies for an additional payment condition imposed by a distributor-retailer for a connection completely or partly outside the connection area and future connection area.\nThe additional payment condition may only require the payment of—\nthe establishment cost of trunk infrastructure that is—\nmade necessary by the connection; and\nneeded to service the rest of the connection area and future connection area; and\neither or both of the following establishment costs of any temporary infrastructure—\ncosts required to ensure the safe or efficient operation of infrastructure needed to service the connection;\ncosts made necessary by the connection; and\nany decommissioning, removal and rehabilitation costs of the temporary infrastructure; and\nthe maintenance and operating costs for up to 5 years of the infrastructure and temporary infrastructure as mentioned in paragraphs (a) and (b) .\ns 99BRCX ins 2014 No. 36 s 45\n(sec.99BRCX-ssec.1) This section applies for an additional payment condition imposed by a distributor-retailer for a connection completely or partly outside the connection area and future connection area.\n(sec.99BRCX-ssec.2) The additional payment condition may only require the payment of— the establishment cost of trunk infrastructure that is— made necessary by the connection; and needed to service the rest of the connection area and future connection area; and either or both of the following establishment costs of any temporary infrastructure— costs required to ensure the safe or efficient operation of infrastructure needed to service the connection; costs made necessary by the connection; and any decommissioning, removal and rehabilitation costs of the temporary infrastructure; and the maintenance and operating costs for up to 5 years of the infrastructure and temporary infrastructure as mentioned in paragraphs (a) and (b) .\n- (a) the establishment cost of trunk infrastructure that is— (i) made necessary by the connection; and (ii) needed to service the rest of the connection area and future connection area; and\n- (i) made necessary by the connection; and\n- (ii) needed to service the rest of the connection area and future connection area; and\n- (b) either or both of the following establishment costs of any temporary infrastructure— (i) costs required to ensure the safe or efficient operation of infrastructure needed to service the connection; (ii) costs made necessary by the connection; and\n- (i) costs required to ensure the safe or efficient operation of infrastructure needed to service the connection;\n- (ii) costs made necessary by the connection; and\n- (c) any decommissioning, removal and rehabilitation costs of the temporary infrastructure; and\n- (d) the maintenance and operating costs for up to 5 years of the infrastructure and temporary infrastructure as mentioned in paragraphs (a) and (b) .\n- (i) made necessary by the connection; and\n- (ii) needed to service the rest of the connection area and future connection area; and\n- (i) costs required to ensure the safe or efficient operation of infrastructure needed to service the connection;\n- (ii) costs made necessary by the connection; and","sortOrder":638},{"sectionNumber":"sec.99BRCY","sectionType":"section","heading":"Refund if connection in connection area and future connection area","content":"### sec.99BRCY Refund if connection in connection area and future connection area\n\nThis section applies for an additional payment condition imposed by a distributor-retailer for a connection completely inside the connection area and future connection area.\nThe distributor-retailer must refund the payer the proportion of the establishment cost of the infrastructure that—\nmay be apportioned reasonably to other users of the infrastructure; and\nhas been, is or is to be, the subject of a levied charge by the distributor-retailer.\ns 99BRCY ins 2014 No. 36 s 45\n(sec.99BRCY-ssec.1) This section applies for an additional payment condition imposed by a distributor-retailer for a connection completely inside the connection area and future connection area.\n(sec.99BRCY-ssec.2) The distributor-retailer must refund the payer the proportion of the establishment cost of the infrastructure that— may be apportioned reasonably to other users of the infrastructure; and has been, is or is to be, the subject of a levied charge by the distributor-retailer.\n- (a) may be apportioned reasonably to other users of the infrastructure; and\n- (b) has been, is or is to be, the subject of a levied charge by the distributor-retailer.","sortOrder":639},{"sectionNumber":"sec.99BRCZ","sectionType":"section","heading":"Refund if water approval ceases","content":"### sec.99BRCZ Refund if water approval ceases\n\nThis section applies if—\na water approval subject to an additional payment condition no longer has effect; and\na payment has been made under the condition; and\nconstruction of the infrastructure the subject of the condition has not substantially started before the water approval no longer has effect.\nThe distributor-retailer must refund the payer any part of the payment the distributor-retailer has not spent, or contracted to spend, on designing and constructing the infrastructure.\nTiming of the refund is subject to terms agreed between the payer and distributor-retailer.\ns 99BRCZ ins 2014 No. 36 s 45\n(sec.99BRCZ-ssec.1) This section applies if— a water approval subject to an additional payment condition no longer has effect; and a payment has been made under the condition; and construction of the infrastructure the subject of the condition has not substantially started before the water approval no longer has effect.\n(sec.99BRCZ-ssec.2) The distributor-retailer must refund the payer any part of the payment the distributor-retailer has not spent, or contracted to spend, on designing and constructing the infrastructure.\n(sec.99BRCZ-ssec.3) Timing of the refund is subject to terms agreed between the payer and distributor-retailer.\n- (a) a water approval subject to an additional payment condition no longer has effect; and\n- (b) a payment has been made under the condition; and\n- (c) construction of the infrastructure the subject of the condition has not substantially started before the water approval no longer has effect.","sortOrder":640},{"sectionNumber":"sec.99BRDA","sectionType":"section","heading":"Additional payment condition does not affect other powers","content":"### sec.99BRDA Additional payment condition does not affect other powers\n\nTo remove any doubt, it is declared that the imposition of an additional payment condition does not prevent a distributor-retailer from doing the following—\nadopting charges for trunk infrastructure or levying charges;\nimposing a condition for non-trunk infrastructure;\nimposing a necessary infrastructure condition.\ns 99BRDA ins 2014 No. 36 s 45\n- (a) adopting charges for trunk infrastructure or levying charges;\n- (b) imposing a condition for non-trunk infrastructure;\n- (c) imposing a necessary infrastructure condition.","sortOrder":641},{"sectionNumber":"sec.99BRDB","sectionType":"section","heading":"No conditions on State infrastructure suppliers","content":"### sec.99BRDB No conditions on State infrastructure suppliers\n\nA distributor-retailer can not impose a condition under this division on a supplier of State infrastructure.\nIn this section—\nState infrastructure see the Planning Act , schedule 2 .\ns 99BRDB ins 2014 No. 36 s 45\namd 2016 No. 27 s 487\n(sec.99BRDB-ssec.1) A distributor-retailer can not impose a condition under this division on a supplier of State infrastructure.\n(sec.99BRDB-ssec.2) In this section— State infrastructure see the Planning Act , schedule 2 .","sortOrder":642},{"sectionNumber":"sec.99BRDC","sectionType":"section","heading":"Working out cost for required offset or refund","content":"### sec.99BRDC Working out cost for required offset or refund\n\nThis section applies if—\na distributor-retailer has given an applicant for a water approval—\na water approval under which the applicant is required to provide trunk infrastructure; and\nan infrastructure charges notice that includes details of an offset or refund under this part relating to the establishment cost of the trunk infrastructure; and\nthe applicant does not agree with the value of the establishment cost.\nThe applicant may, by notice to the distributor-retailer, require it to use the method under the relevant infrastructure charges schedule to recalculate the establishment cost.\nA notice under subsection (2) must be given to the distributor-retailer before the levied charge under the infrastructure charges notice becomes payable under section 99BRCL .\nBy notice to the applicant, the distributor-retailer must amend the existing infrastructure charges notice.\nThe amended infrastructure charges notice must adopt the method to work out the establishment cost.\ns 99BRDC ins 2014 No. 36 s 45\n(sec.99BRDC-ssec.1) This section applies if— a distributor-retailer has given an applicant for a water approval— a water approval under which the applicant is required to provide trunk infrastructure; and an infrastructure charges notice that includes details of an offset or refund under this part relating to the establishment cost of the trunk infrastructure; and the applicant does not agree with the value of the establishment cost.\n(sec.99BRDC-ssec.2) The applicant may, by notice to the distributor-retailer, require it to use the method under the relevant infrastructure charges schedule to recalculate the establishment cost.\n(sec.99BRDC-ssec.2A) A notice under subsection (2) must be given to the distributor-retailer before the levied charge under the infrastructure charges notice becomes payable under section 99BRCL .\n(sec.99BRDC-ssec.3) By notice to the applicant, the distributor-retailer must amend the existing infrastructure charges notice.\n(sec.99BRDC-ssec.4) The amended infrastructure charges notice must adopt the method to work out the establishment cost.\n- (a) a distributor-retailer has given an applicant for a water approval— (i) a water approval under which the applicant is required to provide trunk infrastructure; and (ii) an infrastructure charges notice that includes details of an offset or refund under this part relating to the establishment cost of the trunk infrastructure; and\n- (i) a water approval under which the applicant is required to provide trunk infrastructure; and\n- (ii) an infrastructure charges notice that includes details of an offset or refund under this part relating to the establishment cost of the trunk infrastructure; and\n- (b) the applicant does not agree with the value of the establishment cost.\n- (i) a water approval under which the applicant is required to provide trunk infrastructure; and\n- (ii) an infrastructure charges notice that includes details of an offset or refund under this part relating to the establishment cost of the trunk infrastructure; and","sortOrder":643},{"sectionNumber":"ch.4C-pt.7-div.5","sectionType":"division","heading":"Miscellaneous provisions about trunk infrastructure","content":"## Miscellaneous provisions about trunk infrastructure","sortOrder":644},{"sectionNumber":"sec.99BRDD","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.99BRDD Application of sdiv 1\n\nThis subdivision applies if—\na particular water approval condition under section 99BRDJ requires non-trunk infrastructure to be provided; and\nthe construction of the non-trunk infrastructure has not started.\ns 99BRDD ins 2014 No. 36 s 45\n- (a) a particular water approval condition under section 99BRDJ requires non-trunk infrastructure to be provided; and\n- (b) the construction of the non-trunk infrastructure has not started.","sortOrder":645},{"sectionNumber":"sec.99BRDE","sectionType":"section","heading":"Application to convert infrastructure to trunk infrastructure","content":"### sec.99BRDE Application to convert infrastructure to trunk infrastructure\n\nThe holder of a water approval may apply to convert non-trunk infrastructure to trunk infrastructure.\nFor the making of a conversion application for the part of a water approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AU (7) of that Act.\nThe application (the conversion application ) must be made to the distributor-retailer, in writing, within 1 year after the water approval takes effect.\ns 99BRDE ins 2014 No. 36 s 45\namd 2016 No. 27 s 488 ; 2019 No. 11 s 228\n(sec.99BRDE-ssec.1) The holder of a water approval may apply to convert non-trunk infrastructure to trunk infrastructure. For the making of a conversion application for the part of a water approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AU (7) of that Act.\n(sec.99BRDE-ssec.2) The application (the conversion application ) must be made to the distributor-retailer, in writing, within 1 year after the water approval takes effect.","sortOrder":646},{"sectionNumber":"sec.99BRDF","sectionType":"section","heading":"Deciding conversion application","content":"### sec.99BRDF Deciding conversion application\n\nThe distributor-retailer must consider and decide the conversion application within the required period.\nIn deciding the conversion application, the distributor-retailer must have regard to the criteria for deciding the application in its infrastructure charges schedule.\nHowever, at any time before making the decision, the distributor-retailer may give a notice (an information requirement ) to the applicant requiring the applicant to give information the distributor-retailer reasonably needs to make the decision.\nThe notice must state—\nwhat information it requires; and\na period of at least 10 business days for giving the information; and\nthe effect of subsection (5) .\nThe application lapses if the applicant does not comply with the notice within the later of the following—\nthe period stated in the notice for giving the information;\nany later period, as agreed within the period stated in the notice, between the distributor-retailer and the applicant.\nIn this section—\nrequired period means 30 business days after—\ngenerally—the making of the application; or\nif an information requirement is made—the requirement is complied with.\ns 99BRDF ins 2014 No. 36 s 45\n(sec.99BRDF-ssec.1) The distributor-retailer must consider and decide the conversion application within the required period.\n(sec.99BRDF-ssec.2) In deciding the conversion application, the distributor-retailer must have regard to the criteria for deciding the application in its infrastructure charges schedule.\n(sec.99BRDF-ssec.3) However, at any time before making the decision, the distributor-retailer may give a notice (an information requirement ) to the applicant requiring the applicant to give information the distributor-retailer reasonably needs to make the decision.\n(sec.99BRDF-ssec.4) The notice must state— what information it requires; and a period of at least 10 business days for giving the information; and the effect of subsection (5) .\n(sec.99BRDF-ssec.5) The application lapses if the applicant does not comply with the notice within the later of the following— the period stated in the notice for giving the information; any later period, as agreed within the period stated in the notice, between the distributor-retailer and the applicant.\n(sec.99BRDF-ssec.6) In this section— required period means 30 business days after— generally—the making of the application; or if an information requirement is made—the requirement is complied with.\n- (a) what information it requires; and\n- (b) a period of at least 10 business days for giving the information; and\n- (c) the effect of subsection (5) .\n- (a) the period stated in the notice for giving the information;\n- (b) any later period, as agreed within the period stated in the notice, between the distributor-retailer and the applicant.\n- (a) generally—the making of the application; or\n- (b) if an information requirement is made—the requirement is complied with.","sortOrder":647},{"sectionNumber":"sec.99BRDG","sectionType":"section","heading":"Notice of decision","content":"### sec.99BRDG Notice of decision\n\nAs soon as practicable after deciding the conversion application, the distributor-retailer must give the applicant notice of the decision.\nIf the decision is to convert the non-trunk infrastructure to trunk infrastructure, the notice must state whether an offset or refund under this part applies and, if it does, details of the offset or refund.\nIf the decision is not to convert the non-trunk infrastructure to trunk infrastructure, the notice must be an information notice about the decision.\ns 99BRDG ins 2014 No. 36 s 45\n(sec.99BRDG-ssec.1) As soon as practicable after deciding the conversion application, the distributor-retailer must give the applicant notice of the decision.\n(sec.99BRDG-ssec.2) If the decision is to convert the non-trunk infrastructure to trunk infrastructure, the notice must state whether an offset or refund under this part applies and, if it does, details of the offset or refund.\n(sec.99BRDG-ssec.3) If the decision is not to convert the non-trunk infrastructure to trunk infrastructure, the notice must be an information notice about the decision.","sortOrder":648},{"sectionNumber":"sec.99BRDH","sectionType":"section","heading":"Effect of and action after conversion","content":"### sec.99BRDH Effect of and action after conversion\n\nThis section applies if the decision on a conversion application is to convert the non-trunk infrastructure to trunk infrastructure.\nSee schedule, definition trunk infrastructure .\nThe relevant water approval condition requiring the non-trunk infrastructure to be provided no longer has effect.\nWithin 20 business days after making the decision, the distributor-retailer may amend the water approval by imposing a necessary infrastructure condition for the trunk infrastructure.\nIf a necessary infrastructure condition is imposed, the distributor-retailer must also do either of the following within 10 business days after the imposition for the purposes of section 99BRCT (2) or (3) (b) —\ngive an infrastructure charges notice;\namend, by notice to the applicant, any existing infrastructure charges notice for the water approval.\nFor taking action under subsections (3) and (4) , divisions 3 and 4 and part 4 apply as if—\na water approval were a reference to the conversion; and\na levied charge were a reference to the amendment of the levied charge.\ns 99BRDH ins 2014 No. 36 s 45\n(sec.99BRDH-ssec.1) This section applies if the decision on a conversion application is to convert the non-trunk infrastructure to trunk infrastructure. See schedule, definition trunk infrastructure .\n(sec.99BRDH-ssec.2) The relevant water approval condition requiring the non-trunk infrastructure to be provided no longer has effect.\n(sec.99BRDH-ssec.3) Within 20 business days after making the decision, the distributor-retailer may amend the water approval by imposing a necessary infrastructure condition for the trunk infrastructure.\n(sec.99BRDH-ssec.4) If a necessary infrastructure condition is imposed, the distributor-retailer must also do either of the following within 10 business days after the imposition for the purposes of section 99BRCT (2) or (3) (b) — give an infrastructure charges notice; amend, by notice to the applicant, any existing infrastructure charges notice for the water approval.\n(sec.99BRDH-ssec.5) For taking action under subsections (3) and (4) , divisions 3 and 4 and part 4 apply as if— a water approval were a reference to the conversion; and a levied charge were a reference to the amendment of the levied charge.\n- (a) give an infrastructure charges notice;\n- (b) amend, by notice to the applicant, any existing infrastructure charges notice for the water approval.\n- (a) a water approval were a reference to the conversion; and\n- (b) a levied charge were a reference to the amendment of the levied charge.","sortOrder":649},{"sectionNumber":"sec.99BRDI","sectionType":"section","heading":"Application of levied charge","content":"### sec.99BRDI Application of levied charge\n\nA levied charge paid to a distributor-retailer must be used to provide trunk infrastructure.\nTo remove any doubt, it is declared that the amount paid need not be held in trust by the distributor-retailer.\ns 99BRDI ins 2014 No. 36 s 45\n(sec.99BRDI-ssec.1) A levied charge paid to a distributor-retailer must be used to provide trunk infrastructure.\n(sec.99BRDI-ssec.2) To remove any doubt, it is declared that the amount paid need not be held in trust by the distributor-retailer.","sortOrder":650},{"sectionNumber":"ch.4C-pt.7-div.6","sectionType":"division","heading":"Non-trunk infrastructure","content":"## Non-trunk infrastructure","sortOrder":651},{"sectionNumber":"sec.99BRDJ","sectionType":"section","heading":"Conditions distributor-retailers may impose","content":"### sec.99BRDJ Conditions distributor-retailers may impose\n\nThis section applies for the imposition by a distributor-retailer of a water approval condition about non-trunk infrastructure.\nThe condition may be only about providing development infrastructure for 1 or more of the following—\na network, or part of a network, internal to the premises;\nconnecting the premises to external infrastructure networks;\nprotecting or maintaining the safety or efficiency of the water infrastructure network of which the non-trunk infrastructure is a component.\nThe condition must state the infrastructure to be provided and when it must be provided.\ns 99BRDJ ins 2014 No. 36 s 45\n(sec.99BRDJ-ssec.1) This section applies for the imposition by a distributor-retailer of a water approval condition about non-trunk infrastructure.\n(sec.99BRDJ-ssec.2) The condition may be only about providing development infrastructure for 1 or more of the following— a network, or part of a network, internal to the premises; connecting the premises to external infrastructure networks; protecting or maintaining the safety or efficiency of the water infrastructure network of which the non-trunk infrastructure is a component.\n(sec.99BRDJ-ssec.3) The condition must state the infrastructure to be provided and when it must be provided.\n- (a) a network, or part of a network, internal to the premises;\n- (b) connecting the premises to external infrastructure networks;\n- (c) protecting or maintaining the safety or efficiency of the water infrastructure network of which the non-trunk infrastructure is a component.","sortOrder":652},{"sectionNumber":"ch.4C-pt.7-div.7","sectionType":"division","heading":"Water infrastructure agreements","content":"## Water infrastructure agreements","sortOrder":653},{"sectionNumber":"sec.99BRDK","sectionType":"section","heading":"Water infrastructure agreement","content":"### sec.99BRDK Water infrastructure agreement\n\nA water infrastructure agreement is an agreement, as amended from time to time, mentioned in any of the following—\nsection 99BRCM (1)\nsection 99BRCV (2)\nsection 99BRCZ (3)\nsection 99BRDP (1) .\ns 99BRDK ins 2014 No. 36 s 45\n- • section 99BRCM (1)\n- • section 99BRCV (2)\n- • section 99BRCZ (3)\n- • section 99BRDP (1) .","sortOrder":654},{"sectionNumber":"sec.99BRDL","sectionType":"section","heading":"Obligation to negotiate in good faith","content":"### sec.99BRDL Obligation to negotiate in good faith\n\nThis section applies if—\na distributor-retailer proposes to another entity that they enter into a water infrastructure agreement; or\nanother entity proposes to a distributor-retailer that they enter into a water infrastructure agreement.\nThe distributor-retailer or other entity to whom the proposal is made must, in writing, tell the proponent if it agrees to entering into negotiations for an infrastructure agreement.\nIn negotiating an infrastructure agreement, the distributor-retailer and the other entity must act in good faith.\ndisclosing to the other party to the negotiation in a timely way information relevant to entering into the proposed agreement\nconsidering and responding in a timely way to the other party’s proposals about the proposed agreement\ngiving reasons for each response\ns 99BRDL ins 2014 No. 36 s 45\n(sec.99BRDL-ssec.1) This section applies if— a distributor-retailer proposes to another entity that they enter into a water infrastructure agreement; or another entity proposes to a distributor-retailer that they enter into a water infrastructure agreement.\n(sec.99BRDL-ssec.2) The distributor-retailer or other entity to whom the proposal is made must, in writing, tell the proponent if it agrees to entering into negotiations for an infrastructure agreement.\n(sec.99BRDL-ssec.3) In negotiating an infrastructure agreement, the distributor-retailer and the other entity must act in good faith. disclosing to the other party to the negotiation in a timely way information relevant to entering into the proposed agreement considering and responding in a timely way to the other party’s proposals about the proposed agreement giving reasons for each response\n- (a) a distributor-retailer proposes to another entity that they enter into a water infrastructure agreement; or\n- (b) another entity proposes to a distributor-retailer that they enter into a water infrastructure agreement.\n- • disclosing to the other party to the negotiation in a timely way information relevant to entering into the proposed agreement\n- • considering and responding in a timely way to the other party’s proposals about the proposed agreement\n- • giving reasons for each response","sortOrder":655},{"sectionNumber":"sec.99BRDM","sectionType":"section","heading":"Content of water infrastructure agreement","content":"### sec.99BRDM Content of water infrastructure agreement\n\nA water infrastructure agreement must—\nif obligations under it would be affected by a change in the ownership of land the subject of the agreement—include a statement about how the obligations must be fulfilled in that event; and\ninclude any other matters required by regulation to be included.\ns 99BRDM ins 2014 No. 36 s 45\n- (a) if obligations under it would be affected by a change in the ownership of land the subject of the agreement—include a statement about how the obligations must be fulfilled in that event; and\n- (b) include any other matters required by regulation to be included.","sortOrder":656},{"sectionNumber":"sec.99BRDMA","sectionType":"section","heading":"Copy of water infrastructure agreement to be given to local government","content":"### sec.99BRDMA Copy of water infrastructure agreement to be given to local government\n\nThis section applies if a participating local government is not a party to a water infrastructure agreement that relates to its local government area.\nThe distributor-retailer must give the local government a copy of the agreement.\ns 99BRDMA ins 2014 No. 36 s 45\n(sec.99BRDMA-ssec.1) This section applies if a participating local government is not a party to a water infrastructure agreement that relates to its local government area.\n(sec.99BRDMA-ssec.2) The distributor-retailer must give the local government a copy of the agreement.","sortOrder":657},{"sectionNumber":"sec.99BRDN","sectionType":"section","heading":"When water infrastructure agreement binds successors in title","content":"### sec.99BRDN When water infrastructure agreement binds successors in title\n\nThis section applies if the owner of land to which a water infrastructure agreement applies is a party to the agreement or consents to the water connection obligations being attached to the land.\nThe water connection obligations under the water infrastructure agreement attach to the land and bind the owner and the owner’s successors in title of the land.\nIf the owner’s consent under subsection (1) is given but not endorsed on the water infrastructure agreement, the owner must give a copy of the document evidencing the owner’s consent to the distributor-retailer for the land to which the consent applies.\nDespite subsection (2) , subsections (5) and (6) apply if—\nthe water infrastructure agreement states that if the land is subdivided, part of the land is to be released from the water connection obligations; and\nthe land is subdivided.\nThe part is released from the water connection obligations.\nThe water connection obligations are no longer binding on the owner of the part.\nIn this section—\npublic sector entity see the Planning Act , schedule 2 .\nwater connection obligation means an obligation under the water infrastructure agreement other than an obligation to be fulfilled by a public sector entity.\ns 99BRDN ins 2014 No. 36 s 45\namd 2016 No. 27 s 489\n(sec.99BRDN-ssec.1) This section applies if the owner of land to which a water infrastructure agreement applies is a party to the agreement or consents to the water connection obligations being attached to the land.\n(sec.99BRDN-ssec.2) The water connection obligations under the water infrastructure agreement attach to the land and bind the owner and the owner’s successors in title of the land.\n(sec.99BRDN-ssec.3) If the owner’s consent under subsection (1) is given but not endorsed on the water infrastructure agreement, the owner must give a copy of the document evidencing the owner’s consent to the distributor-retailer for the land to which the consent applies.\n(sec.99BRDN-ssec.4) Despite subsection (2) , subsections (5) and (6) apply if— the water infrastructure agreement states that if the land is subdivided, part of the land is to be released from the water connection obligations; and the land is subdivided.\n(sec.99BRDN-ssec.5) The part is released from the water connection obligations.\n(sec.99BRDN-ssec.6) The water connection obligations are no longer binding on the owner of the part.\n(sec.99BRDN-ssec.7) In this section— public sector entity see the Planning Act , schedule 2 . water connection obligation means an obligation under the water infrastructure agreement other than an obligation to be fulfilled by a public sector entity.\n- (a) the water infrastructure agreement states that if the land is subdivided, part of the land is to be released from the water connection obligations; and\n- (b) the land is subdivided.","sortOrder":658},{"sectionNumber":"sec.99BRDO","sectionType":"section","heading":"Water infrastructure agreement prevails over water approval and infrastructure charges notice","content":"### sec.99BRDO Water infrastructure agreement prevails over water approval and infrastructure charges notice\n\nIf a water infrastructure agreement is inconsistent with a water approval or infrastructure charges notice, the agreement prevails to the extent of the inconsistency.\nThis section is subject to the Economic Development Act 2012 , section 120A (4) .\nSee also the Economic Development Act 2012 , section 120 (5) for when an infrastructure agreement under the Planning Act applies instead of the part of a water approval that was part of a PDA development approval under that Act.\ns 99BRDO ins 2014 No. 36 s 45\namd 2019 No. 11 s 229\n(sec.99BRDO-ssec.1) If a water infrastructure agreement is inconsistent with a water approval or infrastructure charges notice, the agreement prevails to the extent of the inconsistency.\n(sec.99BRDO-ssec.2) This section is subject to the Economic Development Act 2012 , section 120A (4) .","sortOrder":659},{"sectionNumber":"sec.99BRDP","sectionType":"section","heading":"Agreement for infrastructure partnerships","content":"### sec.99BRDP Agreement for infrastructure partnerships\n\nA person may enter into an agreement with a distributor-retailer about—\nproviding or funding infrastructure; or\nrefunding payments made towards the cost of providing or funding infrastructure.\nSubsection (1) has effect despite section 99BRAJ and divisions 2 to 6 .\ns 99BRDP ins 2014 No. 36 s 45\n(sec.99BRDP-ssec.1) A person may enter into an agreement with a distributor-retailer about— providing or funding infrastructure; or refunding payments made towards the cost of providing or funding infrastructure.\n(sec.99BRDP-ssec.2) Subsection (1) has effect despite section 99BRAJ and divisions 2 to 6 .\n- (a) providing or funding infrastructure; or\n- (b) refunding payments made towards the cost of providing or funding infrastructure.","sortOrder":660},{"sectionNumber":"ch.4C-pt.8","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":661},{"sectionNumber":"sec.99BRDQ","sectionType":"section","heading":"SEQ service provider’s guarantees to provide connection","content":"### sec.99BRDQ SEQ service provider’s guarantees to provide connection\n\nThis section applies to an SEQ service provider that has adopted a water netserv plan.\nThe SEQ service provider must provide a connection to its infrastructure networks for its water service or wastewater service if the connection complies with its connection criteria in the connection area.\nTo avoid any doubt, it is declared that an SEQ service provider does not guarantee to provide a connection to its water service or wastewater service in a future connection area.\ns 99BRDQ (prev s 99BRDD) ins 2014 No. 16 s 21\nrenum 2014 No. 36 s 44\n(sec.99BRDQ-ssec.1) This section applies to an SEQ service provider that has adopted a water netserv plan.\n(sec.99BRDQ-ssec.2) The SEQ service provider must provide a connection to its infrastructure networks for its water service or wastewater service if the connection complies with its connection criteria in the connection area.\n(sec.99BRDQ-ssec.3) To avoid any doubt, it is declared that an SEQ service provider does not guarantee to provide a connection to its water service or wastewater service in a future connection area.","sortOrder":662},{"sectionNumber":"sec.99BRDR","sectionType":"section","heading":"Ch 4C does not limit Water Supply Act","content":"### sec.99BRDR Ch 4C does not limit Water Supply Act\n\nTo avoid any doubt, it is declared that this chapter is not intended to limit a power or function of a distributor-retailer under the Water Supply Act .\ns 99BRDR (prev s 99BRDE) ins 2014 No. 16 s 21\nrenum 2014 No. 36 s 44","sortOrder":663},{"sectionNumber":"sec.99BS","sectionType":"section","heading":null,"content":"### Section sec.99BS\n\ns 99BS ins 2010 No. 20 s 21\namd 2012 No. 1 s 64\nom 2014 No. 16 s 20","sortOrder":664},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Public access to information","content":"# Public access to information","sortOrder":665},{"sectionNumber":"sec.99BT","sectionType":"section","heading":"Keeping particular documents available for inspection and purchase","content":"### sec.99BT Keeping particular documents available for inspection and purchase\n\nAn SEQ service provider must keep available for inspection and purchase a copy of each of the following—\npart A of the SEQ service provider’s water netserv plan;\nall supporting material used to draft its water netserv plan;\na map showing the limits of the SEQ service provider’s connection areas;\nthe SEQ design and construction code;\nif the SEQ service provider is a distributor-retailer, the following—\neach annual capital works program prepared by the distributor-retailer under section 100B ;\nan infrastructure charges register that complies with section 99BU ;\neach infrastructure agreement and water infrastructure agreement to which the distributor-retailer is a party;\neach approved inspection program;\neach water approval that attaches to land, including any conditions of the approval;\neach document mentioned in the water netserv plan used to prepare the plan.\nFor access to an SEQ service provider’s customer service charter, see section 99AEA .\nThe documents mentioned in subsection (1) (a) , (c) and (d) (ii) must also be kept available on the SEQ service provider’s website.\nThe information mentioned in section 99BU (1) must be kept available on the SEQ service provider’s website in a way that—\ncan be electronically searched by a person for information about a levied charge and the trunk infrastructure to which the charge relates; and\nenables a person to download the results of an electronic search; and\nstates the day the information was last updated.\nAn SEQ service provider that contravenes this section commits an offence.\nMaximum penalty—200 penalty units.\ns 99BT ins 2010 No. 20 s 22\nsub 2012 No. 1 s 65\namd 2014 No. 16 s 22 ; 2014 No. 36 s 46 ; 2020 No. 14 s 211\n(sec.99BT-ssec.1) An SEQ service provider must keep available for inspection and purchase a copy of each of the following— part A of the SEQ service provider’s water netserv plan; all supporting material used to draft its water netserv plan; a map showing the limits of the SEQ service provider’s connection areas; the SEQ design and construction code; if the SEQ service provider is a distributor-retailer, the following— each annual capital works program prepared by the distributor-retailer under section 100B ; an infrastructure charges register that complies with section 99BU ; each infrastructure agreement and water infrastructure agreement to which the distributor-retailer is a party; each approved inspection program; each water approval that attaches to land, including any conditions of the approval; each document mentioned in the water netserv plan used to prepare the plan. For access to an SEQ service provider’s customer service charter, see section 99AEA .\n(sec.99BT-ssec.2) The documents mentioned in subsection (1) (a) , (c) and (d) (ii) must also be kept available on the SEQ service provider’s website.\n(sec.99BT-ssec.3) The information mentioned in section 99BU (1) must be kept available on the SEQ service provider’s website in a way that— can be electronically searched by a person for information about a levied charge and the trunk infrastructure to which the charge relates; and enables a person to download the results of an electronic search; and states the day the information was last updated.\n(sec.99BT-ssec.4) An SEQ service provider that contravenes this section commits an offence. Maximum penalty—200 penalty units.\n- (a) part A of the SEQ service provider’s water netserv plan;\n- (ab) all supporting material used to draft its water netserv plan;\n- (b) a map showing the limits of the SEQ service provider’s connection areas;\n- (c) the SEQ design and construction code;\n- (d) if the SEQ service provider is a distributor-retailer, the following— (i) each annual capital works program prepared by the distributor-retailer under section 100B ; (ii) an infrastructure charges register that complies with section 99BU ; (iii) each infrastructure agreement and water infrastructure agreement to which the distributor-retailer is a party; (iv) each approved inspection program; (v) each water approval that attaches to land, including any conditions of the approval; (vi) each document mentioned in the water netserv plan used to prepare the plan.\n- (i) each annual capital works program prepared by the distributor-retailer under section 100B ;\n- (ii) an infrastructure charges register that complies with section 99BU ;\n- (iii) each infrastructure agreement and water infrastructure agreement to which the distributor-retailer is a party;\n- (iv) each approved inspection program;\n- (v) each water approval that attaches to land, including any conditions of the approval;\n- (vi) each document mentioned in the water netserv plan used to prepare the plan.\n- (i) each annual capital works program prepared by the distributor-retailer under section 100B ;\n- (ii) an infrastructure charges register that complies with section 99BU ;\n- (iii) each infrastructure agreement and water infrastructure agreement to which the distributor-retailer is a party;\n- (iv) each approved inspection program;\n- (v) each water approval that attaches to land, including any conditions of the approval;\n- (vi) each document mentioned in the water netserv plan used to prepare the plan.\n- (a) can be electronically searched by a person for information about a levied charge and the trunk infrastructure to which the charge relates; and\n- (b) enables a person to download the results of an electronic search; and\n- (c) states the day the information was last updated.","sortOrder":666},{"sectionNumber":"sec.99BU","sectionType":"section","heading":"Requirements for infrastructure charges register","content":"### sec.99BU Requirements for infrastructure charges register\n\nFor section 99BT (1) (d) (ii) , the infrastructure charges register must include the following information about each infrastructure charge levied by the distributor-retailer—\nthe amount of the charge;\nwhether the charge has been paid in full and, if not, the amount outstanding;\nthe real property description of the land to which the charge applies;\nthe suburb or other locality in which the land to which the charge applies is situated;\nthe charges schedule under which the charge was levied;\nthe charge rate, stated in the charges schedule, under which the charge was levied;\nif an automatic increase provision under chapter 4C , part 7 applies to the charge—that the charge is subject to automatic increase and how the increase is worked out;\nif an offset was given in relation to the charge—the amount of the offset;\nif a refund was given in relation to the charge—the amount of the refund;\nif the charge was levied under a water approval—\nthe reference number of the approval; and\nthe day the approval starts; and\nthe day the approval lapses;\nif the charge is the subject of an infrastructure agreement—\nthe name of the agreement; and\nthe day the agreement was entered into; and\nthe infrastructure to be supplied under the agreement.\nThe register must also include the following documents about infrastructure charges levied by the distributor-retailer—\na copy of each infrastructure charges notice issued by the distributor-retailer;\nfor each financial year—a document stating the charges levied in the financial year.\nA document under subsection (2) (b) stating charges levied in a financial year must include the following information for the financial year—\nthe total amount of charges levied;\nthe total amount of offsets given;\nthe total amount of refunds given;\nthe total amount of charges collected;\nthe total amount of collected charges spent by the distributor-retailer on providing trunk infrastructure;\nthe total amount of collected charges not spent by the distributor-retailer.\nThe register must also include the following documents about trunk infrastructure supplied by the distributor-retailer—\nfor each quarter of each financial year—a document stating the trunk infrastructure supplied by the distributor-retailer in the quarter;\nfor each financial year—a document stating the trunk infrastructure supplied by the distributor-retailer in the financial year.\nA document under subsection (4) (a) stating trunk infrastructure supplied in a quarter must include the following information for the quarter—\na description of the infrastructure;\nthe suburb or other locality in which the infrastructure is situated;\nthe cost of supplying the infrastructure;\nthe trunk infrastructure network with which the infrastructure is associated;\nwhether the infrastructure is included in the distributor-retailer’s water netserv plan and, if so, the reference number of the plan;\nwhether the infrastructure was supplied under a water approval and, if so, the reference number of the approval;\nwhether the infrastructure is the subject of an infrastructure agreement and, if so, the name of the agreement.\nThe register must also include the following information about infrastructure charges forecast to be collected, and trunk infrastructure forecast to be supplied, by the distributor-retailer—\nfor each financial year—\nan estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the financial year; and\nan estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the financial year;\nfor each period of 3 consecutive financial years—\nan estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the period; and\nan estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the period.\nInformation mentioned in subsection (1) about an infrastructure charge must be included in the register as soon as practicable after the end of the quarter in which the charge was levied.\nA copy of each infrastructure charges notice mentioned in subsection (2) (a) must be included in the register as soon as practicable after the end of the quarter in which the notice was issued.\nA document for a quarter under subsection (4) (a) must be included in the register as soon as practicable after the end of the quarter.\nA document for a financial year under subsection (2) (b) or (4) (b) must be included in the register within 5 months after the end of the financial year.\nInformation mentioned in subsection (6) about a forecast for a financial year, or a period of 3 consecutive financial years, must be included in the register before 1 December of the year before the start of the financial year or period.\nA distributor-retailer that contravenes this section commits an offence.\nMaximum penalty—200 penalty units.\nIn this section—\ninfrastructure charge means an adopted charge levied by a distributor-retailer in relation to trunk infrastructure.\nquarter , of a financial year, means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October.\nreference number , of a document, means the identifying number allocated by a distributor-retailer to the document.\ns 99BU ins 2010 No. 20 s 22\nsub 2012 No. 1 s 65\namd 2016 No. 27 s 490\nsub 2020 No. 14 s 212\n(sec.99BU-ssec.1) For section 99BT (1) (d) (ii) , the infrastructure charges register must include the following information about each infrastructure charge levied by the distributor-retailer— the amount of the charge; whether the charge has been paid in full and, if not, the amount outstanding; the real property description of the land to which the charge applies; the suburb or other locality in which the land to which the charge applies is situated; the charges schedule under which the charge was levied; the charge rate, stated in the charges schedule, under which the charge was levied; if an automatic increase provision under chapter 4C , part 7 applies to the charge—that the charge is subject to automatic increase and how the increase is worked out; if an offset was given in relation to the charge—the amount of the offset; if a refund was given in relation to the charge—the amount of the refund; if the charge was levied under a water approval— the reference number of the approval; and the day the approval starts; and the day the approval lapses; if the charge is the subject of an infrastructure agreement— the name of the agreement; and the day the agreement was entered into; and the infrastructure to be supplied under the agreement.\n(sec.99BU-ssec.2) The register must also include the following documents about infrastructure charges levied by the distributor-retailer— a copy of each infrastructure charges notice issued by the distributor-retailer; for each financial year—a document stating the charges levied in the financial year.\n(sec.99BU-ssec.3) A document under subsection (2) (b) stating charges levied in a financial year must include the following information for the financial year— the total amount of charges levied; the total amount of offsets given; the total amount of refunds given; the total amount of charges collected; the total amount of collected charges spent by the distributor-retailer on providing trunk infrastructure; the total amount of collected charges not spent by the distributor-retailer.\n(sec.99BU-ssec.4) The register must also include the following documents about trunk infrastructure supplied by the distributor-retailer— for each quarter of each financial year—a document stating the trunk infrastructure supplied by the distributor-retailer in the quarter; for each financial year—a document stating the trunk infrastructure supplied by the distributor-retailer in the financial year.\n(sec.99BU-ssec.5) A document under subsection (4) (a) stating trunk infrastructure supplied in a quarter must include the following information for the quarter— a description of the infrastructure; the suburb or other locality in which the infrastructure is situated; the cost of supplying the infrastructure; the trunk infrastructure network with which the infrastructure is associated; whether the infrastructure is included in the distributor-retailer’s water netserv plan and, if so, the reference number of the plan; whether the infrastructure was supplied under a water approval and, if so, the reference number of the approval; whether the infrastructure is the subject of an infrastructure agreement and, if so, the name of the agreement.\n(sec.99BU-ssec.6) The register must also include the following information about infrastructure charges forecast to be collected, and trunk infrastructure forecast to be supplied, by the distributor-retailer— for each financial year— an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the financial year; and an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the financial year; for each period of 3 consecutive financial years— an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the period; and an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the period.\n(sec.99BU-ssec.7) Information mentioned in subsection (1) about an infrastructure charge must be included in the register as soon as practicable after the end of the quarter in which the charge was levied.\n(sec.99BU-ssec.8) A copy of each infrastructure charges notice mentioned in subsection (2) (a) must be included in the register as soon as practicable after the end of the quarter in which the notice was issued.\n(sec.99BU-ssec.9) A document for a quarter under subsection (4) (a) must be included in the register as soon as practicable after the end of the quarter.\n(sec.99BU-ssec.10) A document for a financial year under subsection (2) (b) or (4) (b) must be included in the register within 5 months after the end of the financial year.\n(sec.99BU-ssec.11) Information mentioned in subsection (6) about a forecast for a financial year, or a period of 3 consecutive financial years, must be included in the register before 1 December of the year before the start of the financial year or period.\n(sec.99BU-ssec.12) A distributor-retailer that contravenes this section commits an offence. Maximum penalty—200 penalty units.\n(sec.99BU-ssec.13) In this section— infrastructure charge means an adopted charge levied by a distributor-retailer in relation to trunk infrastructure. quarter , of a financial year, means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October. reference number , of a document, means the identifying number allocated by a distributor-retailer to the document.\n- (a) the amount of the charge;\n- (b) whether the charge has been paid in full and, if not, the amount outstanding;\n- (c) the real property description of the land to which the charge applies;\n- (d) the suburb or other locality in which the land to which the charge applies is situated;\n- (e) the charges schedule under which the charge was levied;\n- (f) the charge rate, stated in the charges schedule, under which the charge was levied;\n- (g) if an automatic increase provision under chapter 4C , part 7 applies to the charge—that the charge is subject to automatic increase and how the increase is worked out;\n- (h) if an offset was given in relation to the charge—the amount of the offset;\n- (i) if a refund was given in relation to the charge—the amount of the refund;\n- (j) if the charge was levied under a water approval— (i) the reference number of the approval; and (ii) the day the approval starts; and (iii) the day the approval lapses;\n- (i) the reference number of the approval; and\n- (ii) the day the approval starts; and\n- (iii) the day the approval lapses;\n- (k) if the charge is the subject of an infrastructure agreement— (i) the name of the agreement; and (ii) the day the agreement was entered into; and (iii) the infrastructure to be supplied under the agreement.\n- (i) the name of the agreement; and\n- (ii) the day the agreement was entered into; and\n- (iii) the infrastructure to be supplied under the agreement.\n- (i) the reference number of the approval; and\n- (ii) the day the approval starts; and\n- (iii) the day the approval lapses;\n- (i) the name of the agreement; and\n- (ii) the day the agreement was entered into; and\n- (iii) the infrastructure to be supplied under the agreement.\n- (a) a copy of each infrastructure charges notice issued by the distributor-retailer;\n- (b) for each financial year—a document stating the charges levied in the financial year.\n- (a) the total amount of charges levied;\n- (b) the total amount of offsets given;\n- (c) the total amount of refunds given;\n- (d) the total amount of charges collected;\n- (e) the total amount of collected charges spent by the distributor-retailer on providing trunk infrastructure;\n- (f) the total amount of collected charges not spent by the distributor-retailer.\n- (a) for each quarter of each financial year—a document stating the trunk infrastructure supplied by the distributor-retailer in the quarter;\n- (b) for each financial year—a document stating the trunk infrastructure supplied by the distributor-retailer in the financial year.\n- (a) a description of the infrastructure;\n- (b) the suburb or other locality in which the infrastructure is situated;\n- (c) the cost of supplying the infrastructure;\n- (d) the trunk infrastructure network with which the infrastructure is associated;\n- (e) whether the infrastructure is included in the distributor-retailer’s water netserv plan and, if so, the reference number of the plan;\n- (f) whether the infrastructure was supplied under a water approval and, if so, the reference number of the approval;\n- (g) whether the infrastructure is the subject of an infrastructure agreement and, if so, the name of the agreement.\n- (a) for each financial year— (i) an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the financial year; and (ii) an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the financial year;\n- (i) an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the financial year; and\n- (ii) an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the financial year;\n- (b) for each period of 3 consecutive financial years— (i) an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the period; and (ii) an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the period.\n- (i) an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the period; and\n- (ii) an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the period.\n- (i) an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the financial year; and\n- (ii) an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the financial year;\n- (i) an estimate of the infrastructure charges forecast to be collected by the distributor-retailer in the period; and\n- (ii) an estimate of the cost of trunk infrastructure forecast to be supplied by the distributor-retailer in the period.","sortOrder":667},{"sectionNumber":"sec.99BV","sectionType":"section","heading":"SEQ service provider may charge for copies of documents","content":"### sec.99BV SEQ service provider may charge for copies of documents\n\nAn SEQ service provider may charge a person for supplying a copy of a document or part of a document.\nThe charge must not be more than the cost to the SEQ service provider of—\nmaking the copy available to the person; and\nif the person asks for the material to be posted—the postage.\ns 99BV ins 2010 No. 20 s 22\namd 2012 No. 1 s 66\n(sec.99BV-ssec.1) An SEQ service provider may charge a person for supplying a copy of a document or part of a document.\n(sec.99BV-ssec.2) The charge must not be more than the cost to the SEQ service provider of— making the copy available to the person; and if the person asks for the material to be posted—the postage.\n- (a) making the copy available to the person; and\n- (b) if the person asks for the material to be posted—the postage.","sortOrder":668},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":669},{"sectionNumber":"sec.99BW","sectionType":"section","heading":null,"content":"### Section sec.99BW\n\ns 99BW ins 2011 No. 21 s 15\namd 2012 No. 1 s 68\nom 2012 No. 39 s 14","sortOrder":670},{"sectionNumber":"sec.99BX","sectionType":"section","heading":null,"content":"### Section sec.99BX\n\ns 99BX ins 2011 No. 21 s 15\namd 2012 No. 1 s 69\nom 2012 No. 39 s 14","sortOrder":671},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Portability of long service leave","content":"# Portability of long service leave","sortOrder":672},{"sectionNumber":"sec.99BY","sectionType":"section","heading":"Definition for pt 3","content":"### sec.99BY Definition for pt 3\n\nIn this part—\naccrued right to long service leave , for a person, means the person’s entitlement to take long service leave after having completed a minimum period of employment with an employer.\ns 99BY ins 2011 No. 21 s 15","sortOrder":673},{"sectionNumber":"sec.99BZ","sectionType":"section","heading":"Application of pt 3","content":"### sec.99BZ Application of pt 3\n\nThis part applies if—\na person is employed (the new employment ) by a distributor-retailer (the new employer ); and\nthe person was previously employed (the former employment ) by another distributor-retailer (the former employer ); and\nthe period between ending the former employment and beginning the new employment is not longer than 1 year; and\nthe person did not receive a payment from the former employer of an amount as a cash equivalent for accrued long service leave.\ns 99BZ ins 2011 No. 21 s 15\n- (a) a person is employed (the new employment ) by a distributor-retailer (the new employer ); and\n- (b) the person was previously employed (the former employment ) by another distributor-retailer (the former employer ); and\n- (c) the period between ending the former employment and beginning the new employment is not longer than 1 year; and\n- (d) the person did not receive a payment from the former employer of an amount as a cash equivalent for accrued long service leave.","sortOrder":674},{"sectionNumber":"sec.99BZA","sectionType":"section","heading":"Continuation of accrued rights to long service leave","content":"### sec.99BZA Continuation of accrued rights to long service leave\n\nThe person’s accrued right to long service leave in relation to the former employment is continued in relation to the new employment as an accrued right to long service leave as an employee of the new employer.\nFrom the start of the new employment, the new employer has the same obligations in relation to the person’s accrued right to long service leave as the former employer had in relation to the person at the end of the former employment.\nIf a person was entitled to take 11 weeks long service leave at the time the former employment ended, the person continues to be entitled to take 11 weeks long service leave after the start of the new employment. The entitlement would not be subject to completing any further period of employment with the new employer.\nHowever, after the start of the new employment, the person continues to accrue rights to long service leave only under the same conditions as an employee of the new employer who is not a person to whom this part applies.\ns 99BZA ins 2011 No. 21 s 15\n(sec.99BZA-ssec.1) The person’s accrued right to long service leave in relation to the former employment is continued in relation to the new employment as an accrued right to long service leave as an employee of the new employer.\n(sec.99BZA-ssec.2) From the start of the new employment, the new employer has the same obligations in relation to the person’s accrued right to long service leave as the former employer had in relation to the person at the end of the former employment. If a person was entitled to take 11 weeks long service leave at the time the former employment ended, the person continues to be entitled to take 11 weeks long service leave after the start of the new employment. The entitlement would not be subject to completing any further period of employment with the new employer.\n(sec.99BZA-ssec.3) However, after the start of the new employment, the person continues to accrue rights to long service leave only under the same conditions as an employee of the new employer who is not a person to whom this part applies.","sortOrder":675},{"sectionNumber":"sec.99BZB","sectionType":"section","heading":"Recognition of previous periods of employment","content":"### sec.99BZB Recognition of previous periods of employment\n\nThis section applies when deciding the person’s accrued right to long service leave in relation to the new employer.\nThe person’s period of employment with the former employer, in addition to the person’s period of employment with the new employer, is taken to be the person’s period of employment with the new employer.\nA person is taken to have completed a period of employment of 10 years with a new employer if the person completed a period of employment of 6 years with a former employer and a period of employment of 4 years with the new employer.\ns 99BZB ins 2011 No. 21 s 15\n(sec.99BZB-ssec.1) This section applies when deciding the person’s accrued right to long service leave in relation to the new employer.\n(sec.99BZB-ssec.2) The person’s period of employment with the former employer, in addition to the person’s period of employment with the new employer, is taken to be the person’s period of employment with the new employer. A person is taken to have completed a period of employment of 10 years with a new employer if the person completed a period of employment of 6 years with a former employer and a period of employment of 4 years with the new employer.","sortOrder":676},{"sectionNumber":"sec.99BZC","sectionType":"section","heading":"Payment by former employer to new employer towards long service leave entitlements accrued with former employer","content":"### sec.99BZC Payment by former employer to new employer towards long service leave entitlements accrued with former employer\n\nThe former employer must pay the new employer an amount for the number of days of long service leave that the person—\nis entitled to take because of the person’s period of employment with the former employer; or\nwould have been entitled to take, because of the person’s period of employment with the former employer, if there was no minimum period of employment to be completed before the entitlement is accrued.\nThe amount is the amount the former employer would have been required to pay the person if the person had taken the long service leave.\nThe amount must be paid within a reasonable period after being requested by the new employer.\nA former employer of the person must provide the person’s new employer with the following information about the person—\nthe length of accrued long service leave;\nany special leave taken without salary;\nany long service leave taken by the person or any amount paid to the person instead of long service leave;\nany undertaking given in relation to long service leave.\ns 99BZC ins 2011 No. 21 s 15\n(sec.99BZC-ssec.1) The former employer must pay the new employer an amount for the number of days of long service leave that the person— is entitled to take because of the person’s period of employment with the former employer; or would have been entitled to take, because of the person’s period of employment with the former employer, if there was no minimum period of employment to be completed before the entitlement is accrued.\n(sec.99BZC-ssec.2) The amount is the amount the former employer would have been required to pay the person if the person had taken the long service leave.\n(sec.99BZC-ssec.3) The amount must be paid within a reasonable period after being requested by the new employer.\n(sec.99BZC-ssec.4) A former employer of the person must provide the person’s new employer with the following information about the person— the length of accrued long service leave; any special leave taken without salary; any long service leave taken by the person or any amount paid to the person instead of long service leave; any undertaking given in relation to long service leave.\n- (a) is entitled to take because of the person’s period of employment with the former employer; or\n- (b) would have been entitled to take, because of the person’s period of employment with the former employer, if there was no minimum period of employment to be completed before the entitlement is accrued.\n- (a) the length of accrued long service leave;\n- (b) any special leave taken without salary;\n- (c) any long service leave taken by the person or any amount paid to the person instead of long service leave;\n- (d) any undertaking given in relation to long service leave.","sortOrder":677},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":678},{"sectionNumber":"sec.99BZD","sectionType":"section","heading":"Compensation by local governments for particular matters","content":"### sec.99BZD Compensation by local governments for particular matters\n\nThis section applies if a participating local government (the council ) of a distributor-retailer adopts, does or makes any of the following (the triggering event )—\nan individual direction;\na change, during the capped prices period, to a subsidy or rebate for users of water services or wastewater services;\nan action or decision of a type prescribed under a regulation.\nThe council has a liability to compensate (the compensation liability ) the distributor-retailer and its other participating local governments (each a claimant ) for any direct and reasonably anticipated financial detriment they will or may suffer because of the triggering event’s effects.\nHowever, the compensation liability does not apply for a type of detriment prescribed under a regulation.\nThe council and each claimant must make reasonable endeavours to negotiate in good faith to reach an agreement about the amount, if any, of the compensation liability.\nHowever, the agreement can not do, or have the effect of—\nchanging participation rights without approval under section 29 ; or\nanything else prescribed under a regulation.\nA regulation may provide for all or any of the following about the compensation liability—\nthe period within which it can be claimed;\nhow it may be claimed;\nhow any amount for the liability may or must be paid;\ndispute resolution if it is not provided for under the distributor-retailer’s participation agreement.\ns 99BZD ins 2012 No. 1 s 70\namd 2012 No. 39 s 15\n(sec.99BZD-ssec.1) This section applies if a participating local government (the council ) of a distributor-retailer adopts, does or makes any of the following (the triggering event )— an individual direction; a change, during the capped prices period, to a subsidy or rebate for users of water services or wastewater services; an action or decision of a type prescribed under a regulation.\n(sec.99BZD-ssec.2) The council has a liability to compensate (the compensation liability ) the distributor-retailer and its other participating local governments (each a claimant ) for any direct and reasonably anticipated financial detriment they will or may suffer because of the triggering event’s effects.\n(sec.99BZD-ssec.3) However, the compensation liability does not apply for a type of detriment prescribed under a regulation.\n(sec.99BZD-ssec.4) The council and each claimant must make reasonable endeavours to negotiate in good faith to reach an agreement about the amount, if any, of the compensation liability.\n(sec.99BZD-ssec.5) However, the agreement can not do, or have the effect of— changing participation rights without approval under section 29 ; or anything else prescribed under a regulation.\n(sec.99BZD-ssec.6) A regulation may provide for all or any of the following about the compensation liability— the period within which it can be claimed; how it may be claimed; how any amount for the liability may or must be paid; dispute resolution if it is not provided for under the distributor-retailer’s participation agreement.\n- (a) an individual direction;\n- (b) a change, during the capped prices period, to a subsidy or rebate for users of water services or wastewater services;\n- (c) an action or decision of a type prescribed under a regulation.\n- (a) changing participation rights without approval under section 29 ; or\n- (b) anything else prescribed under a regulation.\n- (a) the period within which it can be claimed;\n- (b) how it may be claimed;\n- (c) how any amount for the liability may or must be paid;\n- (d) dispute resolution if it is not provided for under the distributor-retailer’s participation agreement.","sortOrder":679},{"sectionNumber":"sec.100","sectionType":"section","heading":"Liability for Commonwealth and State tax equivalents","content":"### sec.100 Liability for Commonwealth and State tax equivalents\n\nThe Treasurer may issue a manual (the tax equivalents manual ) that—\nfixes tax equivalents to be paid by a distributor-retailer to its participating local governments, in full or in a stated part; and\nappoints a person to be the tax assessor under the tax equivalents manual.\nWithout limiting subsection (1) , the tax equivalents manual may provide for all or any of the following—\nrulings by the tax assessor on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax;\nthe lodging of returns by distributor-retailers;\nassessing returns;\nthe functions of the tax assessor;\nobjections and appeals against assessments and rulings.\nA distributor-retailer must, as required under the tax equivalents manual, pay tax equivalents to its participating local governments in the proportions provided for under its participation agreement.\nThe Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.\nThe tax equivalents manual may be made together with or form part of a tax equivalents manual issued by the Treasurer under an Act about local government.\nIn this section—\ngovernment tax means tax imposed under a Commonwealth Act or a State Act.\ntax equivalents , to be paid by a distributor-retailer to its participating local governments, means amounts representing the value of benefits the distributor-retailer derives because it is not liable to pay a government tax that it would be liable to pay if it were not a distributor-retailer.\nTreasurer means the Minister administering the 2007 restructuring Act .\ns 100 amd 2012 No. 1 s 105 sch\n(sec.100-ssec.1) The Treasurer may issue a manual (the tax equivalents manual ) that— fixes tax equivalents to be paid by a distributor-retailer to its participating local governments, in full or in a stated part; and appoints a person to be the tax assessor under the tax equivalents manual.\n(sec.100-ssec.2) Without limiting subsection (1) , the tax equivalents manual may provide for all or any of the following— rulings by the tax assessor on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; the lodging of returns by distributor-retailers; assessing returns; the functions of the tax assessor; objections and appeals against assessments and rulings.\n(sec.100-ssec.3) A distributor-retailer must, as required under the tax equivalents manual, pay tax equivalents to its participating local governments in the proportions provided for under its participation agreement.\n(sec.100-ssec.4) The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.\n(sec.100-ssec.5) The tax equivalents manual may be made together with or form part of a tax equivalents manual issued by the Treasurer under an Act about local government.\n(sec.100-ssec.6) In this section— government tax means tax imposed under a Commonwealth Act or a State Act. tax equivalents , to be paid by a distributor-retailer to its participating local governments, means amounts representing the value of benefits the distributor-retailer derives because it is not liable to pay a government tax that it would be liable to pay if it were not a distributor-retailer. Treasurer means the Minister administering the 2007 restructuring Act .\n- (a) fixes tax equivalents to be paid by a distributor-retailer to its participating local governments, in full or in a stated part; and\n- (b) appoints a person to be the tax assessor under the tax equivalents manual.\n- (a) rulings by the tax assessor on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax;\n- (b) the lodging of returns by distributor-retailers;\n- (c) assessing returns;\n- (d) the functions of the tax assessor;\n- (e) objections and appeals against assessments and rulings.","sortOrder":680},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Trade waste management plans and plans for managing wastewater services","content":"### sec.100A Trade waste management plans and plans for managing wastewater services\n\nSubsections (2) and (3) apply to a distributor-retailer—\non 1 July 2010; and\nuntil the day the distributor-retailer has a water netserv plan.\nThe existing trade waste management plan of a participating local government for a distributor-retailer is taken to be the distributor-retailer’s trade waste management plan under the water EPP , section 22 .\nIn managing its wastewater service, the distributor-retailer must have regard to the provisions about the matters that, under the water EPP , section 20 , are included in the existing total water cycle management plans of its participating local governments.\nOn and from the day a distributor-retailer has a water netserv plan, the water EPP , section 22 does not apply to the distributor-retailer as a sewerage service provider.\nOn and from 1 July 2010, the water EPP , section 20 , does not apply to a participating local government.\nIn this section—\nexisting , for a trade waste management plan or total water cycle management plan of a participating local government, means the local government’s environmental plan about trade waste management or total water cycle management plan developed under the water EPP and in effect immediately before 1 July 2010.\ns 100A ins 2010 No. 20 s 23\namd 2012 No. 1 s 105 sch\n(sec.100A-ssec.1) Subsections (2) and (3) apply to a distributor-retailer— on 1 July 2010; and until the day the distributor-retailer has a water netserv plan.\n(sec.100A-ssec.2) The existing trade waste management plan of a participating local government for a distributor-retailer is taken to be the distributor-retailer’s trade waste management plan under the water EPP , section 22 .\n(sec.100A-ssec.3) In managing its wastewater service, the distributor-retailer must have regard to the provisions about the matters that, under the water EPP , section 20 , are included in the existing total water cycle management plans of its participating local governments.\n(sec.100A-ssec.4) On and from the day a distributor-retailer has a water netserv plan, the water EPP , section 22 does not apply to the distributor-retailer as a sewerage service provider.\n(sec.100A-ssec.5) On and from 1 July 2010, the water EPP , section 20 , does not apply to a participating local government.\n(sec.100A-ssec.6) In this section— existing , for a trade waste management plan or total water cycle management plan of a participating local government, means the local government’s environmental plan about trade waste management or total water cycle management plan developed under the water EPP and in effect immediately before 1 July 2010.\n- (a) on 1 July 2010; and\n- (b) until the day the distributor-retailer has a water netserv plan.","sortOrder":681},{"sectionNumber":"sec.100B","sectionType":"section","heading":"Distributor-retailer to prepare statement about capital works","content":"### sec.100B Distributor-retailer to prepare statement about capital works\n\nA distributor-retailer must, for each financial year starting on 1 July 2013 and before the start of the financial year, prepare an annual capital works program for the financial year.\nIn this section—\nannual capital works program , for a financial year, means a program outlining the distributor-retailer’s proposed program for—\nconstructing or acquiring plant and equipment; and\nadding to or replacing its existing plant and equipment.\ns 100B ins 2010 No. 20 s 23\n(sec.100B-ssec.1) A distributor-retailer must, for each financial year starting on 1 July 2013 and before the start of the financial year, prepare an annual capital works program for the financial year.\n(sec.100B-ssec.2) In this section— annual capital works program , for a financial year, means a program outlining the distributor-retailer’s proposed program for— constructing or acquiring plant and equipment; and adding to or replacing its existing plant and equipment.\n- (a) constructing or acquiring plant and equipment; and\n- (b) adding to or replacing its existing plant and equipment.","sortOrder":682},{"sectionNumber":"sec.100C","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.100C Chief executive may make guidelines\n\nThe chief executive may make guidelines to provide guidance to SEQ service providers about—\npreparing a water netserv plan; or\nmatters appropriate for inclusion in a water netserv plan, including, for example, matters required to be included in a plan a service provider must have under the Water Supply Act .\nstrategic asset management plan\nsystem leakage management plan\ns 100C ins 2010 No. 20 s 23\namd 2012 No. 1 s 71 ; 2012 No. 39 s 16\n- (a) preparing a water netserv plan; or\n- (b) matters appropriate for inclusion in a water netserv plan, including, for example, matters required to be included in a plan a service provider must have under the Water Supply Act . Examples of plans— • strategic asset management plan • system leakage management plan\n- • strategic asset management plan\n- • system leakage management plan\n- • strategic asset management plan\n- • system leakage management plan","sortOrder":683},{"sectionNumber":"sec.100D","sectionType":"section","heading":"Application of Water Supply Act internal and external review provisions for decisions under Act","content":"### sec.100D Application of Water Supply Act internal and external review provisions for decisions under Act\n\nThis section applies for a decision to—\ngive a work direction; or\ngive a discharge compliance notice; or\nmake a consistency amendment of a trade waste approval.\nThe Water Supply Act , chapter 7 (other than part 4 ), applies—\nas if the decision were an original decision under that Act; and\nas if the affected entity had been given an information notice mentioned in section 510 (1) (c) of that Act; and\nas if the affected entity were the interested person for the original decision; and\nas if a reference in the chapter to the reviewer were a reference to the relevant chief executive; and\nwith other necessary changes.\nFor the Water Supply Act , section 517 (1) , as applied under subsection (1) , the right of appeal against, or to apply for an external review of, the review decision is to QCAT.\nIn this section—\naffected entity means—\nif the decision is to give a work direction—the distributor-retailer to whom the direction was given; or\nif the decision is to give a discharge compliance notice or make a consistency amendment—the approval holder.\nrelevant chief executive means—\nif the decision is to give a work direction—the chief executive of the public entity that gave the direction; or\nif the decision is to give a discharge compliance notice or make a consistency amendment—the chief executive officer of the SEQ service provider.\ns 100D ins 2010 No. 20 s 23\namd 2011 No. 31 s 385 ; 2012 No. 1 s 72\n(sec.100D-ssec.1) This section applies for a decision to— give a work direction; or give a discharge compliance notice; or make a consistency amendment of a trade waste approval.\n(sec.100D-ssec.2) The Water Supply Act , chapter 7 (other than part 4 ), applies— as if the decision were an original decision under that Act; and as if the affected entity had been given an information notice mentioned in section 510 (1) (c) of that Act; and as if the affected entity were the interested person for the original decision; and as if a reference in the chapter to the reviewer were a reference to the relevant chief executive; and with other necessary changes.\n(sec.100D-ssec.3) For the Water Supply Act , section 517 (1) , as applied under subsection (1) , the right of appeal against, or to apply for an external review of, the review decision is to QCAT.\n(sec.100D-ssec.4) In this section— affected entity means— if the decision is to give a work direction—the distributor-retailer to whom the direction was given; or if the decision is to give a discharge compliance notice or make a consistency amendment—the approval holder. relevant chief executive means— if the decision is to give a work direction—the chief executive of the public entity that gave the direction; or if the decision is to give a discharge compliance notice or make a consistency amendment—the chief executive officer of the SEQ service provider.\n- (a) give a work direction; or\n- (b) give a discharge compliance notice; or\n- (c) make a consistency amendment of a trade waste approval.\n- (a) as if the decision were an original decision under that Act; and\n- (b) as if the affected entity had been given an information notice mentioned in section 510 (1) (c) of that Act; and\n- (c) as if the affected entity were the interested person for the original decision; and\n- (d) as if a reference in the chapter to the reviewer were a reference to the relevant chief executive; and\n- (e) with other necessary changes.\n- (a) if the decision is to give a work direction—the distributor-retailer to whom the direction was given; or\n- (b) if the decision is to give a discharge compliance notice or make a consistency amendment—the approval holder.\n- (a) if the decision is to give a work direction—the chief executive of the public entity that gave the direction; or\n- (b) if the decision is to give a discharge compliance notice or make a consistency amendment—the chief executive officer of the SEQ service provider.","sortOrder":684},{"sectionNumber":"sec.100DA","sectionType":"section","heading":"Requirement for SEQ service provider to give information","content":"### sec.100DA Requirement for SEQ service provider to give information\n\nThe chief executive may by notice given to an SEQ service provider require the provider to give the chief executive, within a reasonable period stated in the notice, stated information the chief executive reasonably requires relating to the administration of this Act.\nWhen making the requirement, the chief executive must warn the SEQ service provider it is an offence to fail to comply with the requirement unless the SEQ service provider has a reasonable excuse.\nThe SEQ service provider must comply with the requirement unless the SEQ service provider has a reasonable excuse.\nMaximum penalty for subsection (3) —200 penalty units.\ns 100DA ins 2010 No. 53 s 169\namd 2012 No. 1 s 73 ; 2012 No. 39 s 17\n(sec.100DA-ssec.1) The chief executive may by notice given to an SEQ service provider require the provider to give the chief executive, within a reasonable period stated in the notice, stated information the chief executive reasonably requires relating to the administration of this Act.\n(sec.100DA-ssec.2) When making the requirement, the chief executive must warn the SEQ service provider it is an offence to fail to comply with the requirement unless the SEQ service provider has a reasonable excuse.\n(sec.100DA-ssec.3) The SEQ service provider must comply with the requirement unless the SEQ service provider has a reasonable excuse. Maximum penalty for subsection (3) —200 penalty units.","sortOrder":685},{"sectionNumber":"sec.100E","sectionType":"section","heading":"Offences against Act are summary","content":"### sec.100E Offences against Act are summary\n\nAn offence against this Act is a summary offence.\ns 100E ins 2010 No. 20 s 23","sortOrder":686},{"sectionNumber":"sec.100F","sectionType":"section","heading":"Application of Water Supply Act enforcement provisions for particular offences","content":"### sec.100F Application of Water Supply Act enforcement provisions for particular offences\n\nThis section applies for the following provisions—\nsection 53DL ;\na provision, prescribed under a regulation, of a regulation that creates an offence.\nThe Water Supply Act , chapter 5 , part 9 applies—\nas if a reference to the commission of an offence against that Act were a reference to an offence against the provision; and\nwith other necessary changes.\nFor the Water Supply Act , section 475 (2) and (3) , as applied under subsection (2) , a proceeding for an enforcement order in relation to an offence against the provision may be started only by—\nfor an offence against section 53DL —the SEQ service provider for whom the relevant discharge compliance notice was issued; or\nfor a provision prescribed under subsection (1) (b) —the entity prescribed under a regulation.\ns 100F ins 2010 No. 20 s 23\namd 2010 No. 53 s 170 ; 2012 No. 1 s 74 ; 2012 No. 39 s 18\n(sec.100F-ssec.1) This section applies for the following provisions— section 53DL ; a provision, prescribed under a regulation, of a regulation that creates an offence.\n(sec.100F-ssec.2) The Water Supply Act , chapter 5 , part 9 applies— as if a reference to the commission of an offence against that Act were a reference to an offence against the provision; and with other necessary changes.\n(sec.100F-ssec.3) For the Water Supply Act , section 475 (2) and (3) , as applied under subsection (2) , a proceeding for an enforcement order in relation to an offence against the provision may be started only by— for an offence against section 53DL —the SEQ service provider for whom the relevant discharge compliance notice was issued; or for a provision prescribed under subsection (1) (b) —the entity prescribed under a regulation.\n- (a) section 53DL ;\n- (b) a provision, prescribed under a regulation, of a regulation that creates an offence.\n- (a) as if a reference to the commission of an offence against that Act were a reference to an offence against the provision; and\n- (b) with other necessary changes.\n- (a) for an offence against section 53DL —the SEQ service provider for whom the relevant discharge compliance notice was issued; or\n- (b) for a provision prescribed under subsection (1) (b) —the entity prescribed under a regulation.","sortOrder":687},{"sectionNumber":"sec.100G","sectionType":"section","heading":"Documents and information about water approvals and development approvals","content":"### sec.100G Documents and information about water approvals and development approvals\n\nSubsection (2) applies if a distributor-retailer asks a local government to give it information or documents relevant to a water approval or application for a water approval.\ninformation about a development application or development approval\nassociated documents of a development application or development approval\ninformation a local government receives as a delegate under section 53\nThe local government must give the information or documents as soon as practicable and at no cost.\nSubsection (4) applies if a local government asks a distributor-retailer to give it information or documents relevant to a development approval or development application.\ninformation about an application for a water approval or a water approval\nassociated documents of an application for a water approval or water approval\nThe distributor-retailer must give the information or documents as soon as practicable and at no cost.\nIn this section—\ndevelopment application includes—\na development application made under the repealed IPA or repealed SPA ; and\na change application made under the Planning Act .\ns 100G ins 2014 No. 16 s 23\namd 2016 No. 27 s 491\n(sec.100G-ssec.1) Subsection (2) applies if a distributor-retailer asks a local government to give it information or documents relevant to a water approval or application for a water approval. information about a development application or development approval associated documents of a development application or development approval information a local government receives as a delegate under section 53\n(sec.100G-ssec.2) The local government must give the information or documents as soon as practicable and at no cost.\n(sec.100G-ssec.3) Subsection (4) applies if a local government asks a distributor-retailer to give it information or documents relevant to a development approval or development application. information about an application for a water approval or a water approval associated documents of an application for a water approval or water approval\n(sec.100G-ssec.4) The distributor-retailer must give the information or documents as soon as practicable and at no cost.\n(sec.100G-ssec.5) In this section— development application includes— a development application made under the repealed IPA or repealed SPA ; and a change application made under the Planning Act .\n- • information about a development application or development approval\n- • associated documents of a development application or development approval\n- • information a local government receives as a delegate under section 53\n- • information about an application for a water approval or a water approval\n- • associated documents of an application for a water approval or water approval\n- (a) a development application made under the repealed IPA or repealed SPA ; and\n- (b) a change application made under the Planning Act .","sortOrder":688},{"sectionNumber":"sec.101","sectionType":"section","heading":"Approved forms","content":"### sec.101 Approved forms\n\nThe chief executive of the department in which the Water Supply Act is administered may approve forms for use under this Act.\ns 101 amd 2012 No. 39 s 19","sortOrder":689},{"sectionNumber":"sec.102","sectionType":"section","heading":"Regulation-making power","content":"### sec.102 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\napply a provision of the Corporations Act to a distributor-retailer, with or without change; and\nprovide, in relation to distributor-retailers, boards, officers or employees of distributor-retailers, for any matter that the Corporations Act provides for corporations; and\nprovide for any matter for which a participation agreement, transfer scheme, transfer direction or the customer water and wastewater code may provide; and\nprovide for a right to compensation for a contravention of any of the following and how the compensation may be recovered—\na provision applied under paragraph (a) ;\na matter provided for under paragraph (b) ; and\nprovide for any matter connected with charges for water services and wastewater services, including, for example—\nconcessions; and\nthe process for recovering overdue charges for water services and wastewater services; and\nprovide for any additional matters for water approvals; and\nmake provision for a withdrawn council as a service provider or for a corporate entity (service provider).\nA regulation mentioned in subsection (2) (b) may provide for the matter with or without change from the way the matter is dealt with under the Corporations Act .\nA regulation may prescribe a penalty of no more than 20 penalty units for contravention of a regulation.\ns 102 amd 2010 No. 20 s 24 ; 2012 No. 1 s 75 ; 2014 No. 16 s 24 ; 2016 No. 27 s 492\n(sec.102-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.102-ssec.2) A regulation may— apply a provision of the Corporations Act to a distributor-retailer, with or without change; and provide, in relation to distributor-retailers, boards, officers or employees of distributor-retailers, for any matter that the Corporations Act provides for corporations; and provide for any matter for which a participation agreement, transfer scheme, transfer direction or the customer water and wastewater code may provide; and provide for a right to compensation for a contravention of any of the following and how the compensation may be recovered— a provision applied under paragraph (a) ; a matter provided for under paragraph (b) ; and provide for any matter connected with charges for water services and wastewater services, including, for example— concessions; and the process for recovering overdue charges for water services and wastewater services; and provide for any additional matters for water approvals; and make provision for a withdrawn council as a service provider or for a corporate entity (service provider).\n(sec.102-ssec.3) A regulation mentioned in subsection (2) (b) may provide for the matter with or without change from the way the matter is dealt with under the Corporations Act .\n(sec.102-ssec.4) A regulation may prescribe a penalty of no more than 20 penalty units for contravention of a regulation.\n- (a) apply a provision of the Corporations Act to a distributor-retailer, with or without change; and\n- (b) provide, in relation to distributor-retailers, boards, officers or employees of distributor-retailers, for any matter that the Corporations Act provides for corporations; and\n- (c) provide for any matter for which a participation agreement, transfer scheme, transfer direction or the customer water and wastewater code may provide; and\n- (d) provide for a right to compensation for a contravention of any of the following and how the compensation may be recovered— (i) a provision applied under paragraph (a) ; (ii) a matter provided for under paragraph (b) ; and\n- (i) a provision applied under paragraph (a) ;\n- (ii) a matter provided for under paragraph (b) ; and\n- (e) provide for any matter connected with charges for water services and wastewater services, including, for example— (i) concessions; and (ii) the process for recovering overdue charges for water services and wastewater services; and\n- (i) concessions; and\n- (ii) the process for recovering overdue charges for water services and wastewater services; and\n- (f) provide for any additional matters for water approvals; and\n- (g) make provision for a withdrawn council as a service provider or for a corporate entity (service provider).\n- (i) a provision applied under paragraph (a) ;\n- (ii) a matter provided for under paragraph (b) ; and\n- (i) concessions; and\n- (ii) the process for recovering overdue charges for water services and wastewater services; and","sortOrder":690},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Transitional provisions for Act No. 46 of 2009","content":"# Transitional provisions for Act No. 46 of 2009","sortOrder":691},{"sectionNumber":"sec.103","sectionType":"section","heading":"Appointment of first chief executive officer","content":"### sec.103 Appointment of first chief executive officer\n\nDespite section 44(2), a distributor-retailer’s participating local governments may appoint its first chief executive officer.\nIf the participating local governments act under subsection (1), this Act applies to the appointee as if he or she had been appointed under section 44.\n(sec.103-ssec.1) Despite section 44(2), a distributor-retailer’s participating local governments may appoint its first chief executive officer.\n(sec.103-ssec.2) If the participating local governments act under subsection (1), this Act applies to the appointee as if he or she had been appointed under section 44.","sortOrder":692},{"sectionNumber":"sec.104","sectionType":"section","heading":"Interim participation agreement","content":"### sec.104 Interim participation agreement\n\nUntil 1 July 2010, a distributor-retailer’s participating local governments may make an agreement (the interim agreement ) about the following matters for the distributor-retailer—\nwho are to be its participants;\nwho are to be the members of its board;\na process for making board decisions;\nany other matter for which a participation agreement may or must provide that the participating local governments consider is appropriate.\nThe participating local governments must give the Minister a copy of the interim agreement as soon as practicable after making it.\nThe interim agreement takes effect as the distributor-retailer’s participation agreement until the earlier of the following—\n1 July 2010;\na participation agreement for the distributor-retailer takes effect under section 23 or 24.\nChapter 2, part 3, does not apply to the making of the interim agreement.\nDespite section 33, the interim agreement may provide for—\nthe board to have only 2 members; or\nan appointment to the board that contravenes section 33(4) to (6).\nHowever, a person appointed under the interim agreement as a board member ceases to hold office on 30 June 2010.\nSubsection (6) does not stop the person from being appointed as a board member from 1 July 2010 if the person is eligible to be so appointed under this Act and the participation agreement for the distributor-retailer.\nSections 38 to 40 and 42 do not apply to a board appointed under the interim agreement.\n(sec.104-ssec.1) Until 1 July 2010, a distributor-retailer’s participating local governments may make an agreement (the interim agreement ) about the following matters for the distributor-retailer— who are to be its participants; who are to be the members of its board; a process for making board decisions; any other matter for which a participation agreement may or must provide that the participating local governments consider is appropriate.\n(sec.104-ssec.2) The participating local governments must give the Minister a copy of the interim agreement as soon as practicable after making it.\n(sec.104-ssec.3) The interim agreement takes effect as the distributor-retailer’s participation agreement until the earlier of the following— 1 July 2010; a participation agreement for the distributor-retailer takes effect under section 23 or 24.\n(sec.104-ssec.4) Chapter 2, part 3, does not apply to the making of the interim agreement.\n(sec.104-ssec.5) Despite section 33, the interim agreement may provide for— the board to have only 2 members; or an appointment to the board that contravenes section 33(4) to (6).\n(sec.104-ssec.6) However, a person appointed under the interim agreement as a board member ceases to hold office on 30 June 2010.\n(sec.104-ssec.7) Subsection (6) does not stop the person from being appointed as a board member from 1 July 2010 if the person is eligible to be so appointed under this Act and the participation agreement for the distributor-retailer.\n(sec.104-ssec.8) Sections 38 to 40 and 42 do not apply to a board appointed under the interim agreement.\n- (a) who are to be its participants;\n- (b) who are to be the members of its board;\n- (c) a process for making board decisions;\n- (d) any other matter for which a participation agreement may or must provide that the participating local governments consider is appropriate.\n- (a) 1 July 2010;\n- (b) a participation agreement for the distributor-retailer takes effect under section 23 or 24.\n- (a) the board to have only 2 members; or\n- (b) an appointment to the board that contravenes section 33(4) to (6).","sortOrder":693},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2010 No. 20 s 26","sortOrder":694},{"sectionNumber":"sec.106","sectionType":"section","heading":"Provision for market rules","content":"### sec.106 Provision for market rules\n\nThis section applies only until 1 July 2010.\nA distributor-retailer is not a grid participant under the market rules under the Water Act.\n(sec.106-ssec.1) This section applies only until 1 July 2010.\n(sec.106-ssec.2) A distributor-retailer is not a grid participant under the market rules under the Water Act.","sortOrder":695},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 om 2013 No. 39 s 109 sch 2","sortOrder":696},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2010","content":"# Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2010","sortOrder":697},{"sectionNumber":"sec.107A","sectionType":"section","heading":"Declaratory provision for s 83","content":"### sec.107A Declaratory provision for s 83\n\nThe Queensland Local Government Officers’ Award 1998 is declared to be, and to have always been, a prescribed industrial instrument.\nSubsection (1) applies even though the award does not of its own terms purport to apply to a distributor-retailer.\nIt is declared that section 83 does not prevent, and never has prevented, the award or a section 83 instrument from—\napplying to a transferred employee; and\ncontinuing to apply to a transferred employee after the transitional period under section 83 ends.\nIn this section—\nprescribed industrial instrument see section 83(5).\nsection 83 instrument means an industrial instrument mentioned in section 83(3)(a), including, for example, a prescribed industrial instrument.\ntransferred employee means an employee to whom section 83 applies.\ns 107A ins 2012 No. 1 s 76\n(sec.107A-ssec.1) The Queensland Local Government Officers’ Award 1998 is declared to be, and to have always been, a prescribed industrial instrument.\n(sec.107A-ssec.2) Subsection (1) applies even though the award does not of its own terms purport to apply to a distributor-retailer.\n(sec.107A-ssec.3) It is declared that section 83 does not prevent, and never has prevented, the award or a section 83 instrument from— applying to a transferred employee; and continuing to apply to a transferred employee after the transitional period under section 83 ends.\n(sec.107A-ssec.4) In this section— prescribed industrial instrument see section 83(5). section 83 instrument means an industrial instrument mentioned in section 83(3)(a), including, for example, a prescribed industrial instrument. transferred employee means an employee to whom section 83 applies.\n- (a) applying to a transferred employee; and\n- (b) continuing to apply to a transferred employee after the transitional period under section 83 ends.","sortOrder":698},{"sectionNumber":"sec.108","sectionType":"section","heading":"Public entity approvals taken to be given for existing water infrastructure work","content":"### sec.108 Public entity approvals taken to be given for existing water infrastructure work\n\nThis section applies to water infrastructure of a participating local government for a distributor-retailer that—\nexisted before the commencement of this section; and\nunder a transfer document, becomes the distributor-retailer’s property; and\nis on a publicly-controlled place.\nAny of the following granted, imposed or done before the commencement are taken to be a public entity approval (a relevant approval ) by the public entity for the publicly-controlled place for water infrastructure work for the water infrastructure—\nan approval (however called) under another Act by the public entity to carry out the work if all conditions of the approval have been complied with;\nrequirements imposed by the public entity under the Transport Infrastructure Act or another Act on the carrying out of the work;\nfor a road that is not a State-controlled road—the carrying out of the infrastructure work by a local government.\nAlso, if requirements mentioned in subsection (2)(b) were not imposed before the commencement, the public entity is taken to have given the relevant approval.\ns 108 ins 2010 No. 20 s 27\n(sec.108-ssec.1) This section applies to water infrastructure of a participating local government for a distributor-retailer that— existed before the commencement of this section; and under a transfer document, becomes the distributor-retailer’s property; and is on a publicly-controlled place.\n(sec.108-ssec.2) Any of the following granted, imposed or done before the commencement are taken to be a public entity approval (a relevant approval ) by the public entity for the publicly-controlled place for water infrastructure work for the water infrastructure— an approval (however called) under another Act by the public entity to carry out the work if all conditions of the approval have been complied with; requirements imposed by the public entity under the Transport Infrastructure Act or another Act on the carrying out of the work; for a road that is not a State-controlled road—the carrying out of the infrastructure work by a local government.\n(sec.108-ssec.3) Also, if requirements mentioned in subsection (2)(b) were not imposed before the commencement, the public entity is taken to have given the relevant approval.\n- (a) existed before the commencement of this section; and\n- (b) under a transfer document, becomes the distributor-retailer’s property; and\n- (c) is on a publicly-controlled place.\n- (a) an approval (however called) under another Act by the public entity to carry out the work if all conditions of the approval have been complied with;\n- (b) requirements imposed by the public entity under the Transport Infrastructure Act or another Act on the carrying out of the work;\n- (c) for a road that is not a State-controlled road—the carrying out of the infrastructure work by a local government.","sortOrder":699},{"sectionNumber":"sec.109","sectionType":"section","heading":"Deferral of distributor-retailer’s liability for additional public entity road work expenses","content":"### sec.109 Deferral of distributor-retailer’s liability for additional public entity road work expenses\n\nSection 53CH does not apply to a distributor-retailer until 1 July 2015.\ns 109 ins 2010 No. 20 s 27\namd 2010 No. 53 s 171","sortOrder":700},{"sectionNumber":"sec.110","sectionType":"section","heading":"Existing authorised persons","content":"### sec.110 Existing authorised persons\n\nIf—\nimmediately before 1 July 2010, a person held an appointment as an authorised person from a participating local government of a distributor-retailer; and\nunder a transition document, the person becomes an employee of a distributor-retailer on 1 July 2010;\non 1 July 2010, the person is taken to be appointed as an authorised person of the distributor-retailer.\ns 110 ins 2010 No. 20 s 27\n- (a) immediately before 1 July 2010, a person held an appointment as an authorised person from a participating local government of a distributor-retailer; and\n- (b) under a transition document, the person becomes an employee of a distributor-retailer on 1 July 2010;","sortOrder":701},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Transitional provisions for the Water and Other Legislation Amendment Act 2010","content":"# Transitional provisions for the Water and Other Legislation Amendment Act 2010","sortOrder":702},{"sectionNumber":"sec.111","sectionType":"section","heading":"Definition for pt 3","content":"### sec.111 Definition for pt 3\n\nIn this part—\ncommencement means commencement of the provision in which the term is used.\ns 111 ins 2010 No. 53 s 172","sortOrder":703},{"sectionNumber":"sec.112","sectionType":"section","heading":"Amendments to ss 53AE and 53AS","content":"### sec.112 Amendments to ss 53AE and 53AS\n\nSections 53AE and 53AS, as amended under the Water and Other Legislation Amendment Act 2010 , are taken to have been in force from 1 July 2010.\ns 112 ins 2010 No. 53 s 172","sortOrder":704},{"sectionNumber":"sec.113","sectionType":"section","heading":"Publication of participation agreement etc.","content":"### sec.113 Publication of participation agreement etc.\n\nSubsection (2) applies if, before the commencement—\na distributor-retailer or local government entered into a participation agreement; or\na participation agreement entered into by a distributor-retailer or a local government has been amended.\nThe distributor-retailer or local government must, within 30 days after the commencement, publish on its website—\na copy of the participation agreement or amendment; and\na brief summary of the agreement as in force at the commencement that complies with subsection (3).\nMaximum penalty—200 penalty units.\nAs a minimum, the summary must refer to each of the matters mentioned in section 20(1).\ns 113 ins 2010 No. 53 s 172\n(sec.113-ssec.1) Subsection (2) applies if, before the commencement— a distributor-retailer or local government entered into a participation agreement; or a participation agreement entered into by a distributor-retailer or a local government has been amended.\n(sec.113-ssec.2) The distributor-retailer or local government must, within 30 days after the commencement, publish on its website— a copy of the participation agreement or amendment; and a brief summary of the agreement as in force at the commencement that complies with subsection (3). Maximum penalty—200 penalty units.\n(sec.113-ssec.3) As a minimum, the summary must refer to each of the matters mentioned in section 20(1).\n- (a) a distributor-retailer or local government entered into a participation agreement; or\n- (b) a participation agreement entered into by a distributor-retailer or a local government has been amended.\n- (a) a copy of the participation agreement or amendment; and\n- (b) a brief summary of the agreement as in force at the commencement that complies with subsection (3).","sortOrder":705},{"sectionNumber":"sec.114","sectionType":"section","heading":"Refund of certain charges","content":"### sec.114 Refund of certain charges\n\nThis section applies if—\nbefore the commencement, a distributor-retailer charged an entity for providing water services or wastewater services to premises; and\nat the time the charge was imposed, the premises were premises mentioned in section 99ATB(1); and\nthe entity has paid the amount of the charge to the distributor-retailer.\nIf asked by the entity to do so, the distributor-retailer must refund the amount paid to the entity within 30 days after receiving the request.\nAn amount payable by the distributor-retailer under subsection (2) is a debt due by it to the entity.\ns 114 ins 2010 No. 53 s 172\n(sec.114-ssec.1) This section applies if— before the commencement, a distributor-retailer charged an entity for providing water services or wastewater services to premises; and at the time the charge was imposed, the premises were premises mentioned in section 99ATB(1); and the entity has paid the amount of the charge to the distributor-retailer.\n(sec.114-ssec.2) If asked by the entity to do so, the distributor-retailer must refund the amount paid to the entity within 30 days after receiving the request.\n(sec.114-ssec.3) An amount payable by the distributor-retailer under subsection (2) is a debt due by it to the entity.\n- (a) before the commencement, a distributor-retailer charged an entity for providing water services or wastewater services to premises; and\n- (b) at the time the charge was imposed, the premises were premises mentioned in section 99ATB(1); and\n- (c) the entity has paid the amount of the charge to the distributor-retailer.","sortOrder":706},{"sectionNumber":"sec.115","sectionType":"section","heading":"Matters relating to first making of code","content":"### sec.115 Matters relating to first making of code\n\nThis section applies to the draft of the first code prepared under section 95.\nIt is declared that the draft always could have been prepared on the basis of this Act, and the Energy and Water Ombudsman Act 2006 , as amended, or proposed to be amended, by the Water and Other Legislation Amendment Act 2010 .\ns 115 ins 2010 No. 53 s 172\n(sec.115-ssec.1) This section applies to the draft of the first code prepared under section 95.\n(sec.115-ssec.2) It is declared that the draft always could have been prepared on the basis of this Act, and the Energy and Water Ombudsman Act 2006 , as amended, or proposed to be amended, by the Water and Other Legislation Amendment Act 2010 .","sortOrder":707},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Transitional provisions for Fairer Water Prices for SEQ Amendment Act 2011","content":"# Transitional provisions for Fairer Water Prices for SEQ Amendment Act 2011","sortOrder":708},{"sectionNumber":"sec.116","sectionType":"section","heading":"Application of s 99ATA for charges applying in capped prices period","content":"### sec.116 Application of s 99ATA for charges applying in capped prices period\n\nSection 99ATA(2) applies to a distributor-retailer in relation to charges for its water services and wastewater services for the 2011–12 financial year as if the reference in that subsection to ‘30 June of the financial year preceding the financial year to which the charges relate’ were a reference to ‘31 July of the 2011–12 financial year’.\nSection 99ATA(3) and (4) does not apply to a distributor-retailer in relation to charges for its water services and wastewater services for the 2012–13 financial year.\ns 116 ins 2011 No. 21 s 16\n(sec.116-ssec.1) Section 99ATA(2) applies to a distributor-retailer in relation to charges for its water services and wastewater services for the 2011–12 financial year as if the reference in that subsection to ‘30 June of the financial year preceding the financial year to which the charges relate’ were a reference to ‘31 July of the 2011–12 financial year’.\n(sec.116-ssec.2) Section 99ATA(3) and (4) does not apply to a distributor-retailer in relation to charges for its water services and wastewater services for the 2012–13 financial year.","sortOrder":709},{"sectionNumber":"sec.117","sectionType":"section","heading":"Application of s 99AV to accounts for charges","content":"### sec.117 Application of s 99AV to accounts for charges\n\nSection 99AV(3) and (4), as inserted under the Fairer Water Prices for SEQ Amendment Act 2011 , does not apply to an account from a distributor-retailer to a customer for water services or wastewater services until 1 July 2012.\ns 117 ins 2011 No. 21 s 16","sortOrder":710},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Transitional provision for amendments under Waste Reduction and Recycling Act 2011","content":"# Transitional provision for amendments under Waste Reduction and Recycling Act 2011","sortOrder":711},{"sectionNumber":"sec.118","sectionType":"section","heading":"Trade waste officers","content":"### sec.118 Trade waste officers\n\nThis section applies to a person appointed by a distributor-retailer as a trade waste officer (the existing appointment ) under pre-amended section 53CK whose appointment was in force immediately before the commencement.\nOn the commencement, the person becomes a discharge officer subject to any conditions of the existing appointment in force immediately before the commencement.\nChapter 2C applies to the person as if the person had been appointed as a discharge officer.\nIn this section—\ncommencement means the commencement of this section.\ncondition , of an appointment, includes a suspension of the appointment.\npre-amended section 53CK means section 53CK as in force before the commencement.\ns 118 ins 2011 No. 31 s 386\n(sec.118-ssec.1) This section applies to a person appointed by a distributor-retailer as a trade waste officer (the existing appointment ) under pre-amended section 53CK whose appointment was in force immediately before the commencement.\n(sec.118-ssec.2) On the commencement, the person becomes a discharge officer subject to any conditions of the existing appointment in force immediately before the commencement.\n(sec.118-ssec.3) Chapter 2C applies to the person as if the person had been appointed as a discharge officer.\n(sec.118-ssec.4) In this section— commencement means the commencement of this section. condition , of an appointment, includes a suspension of the appointment. pre-amended section 53CK means section 53CK as in force before the commencement.","sortOrder":712},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012","content":"# Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012","sortOrder":713},{"sectionNumber":"sec.119","sectionType":"section","heading":"What is a transitional matter","content":"### sec.119 What is a transitional matter\n\nA transitional matter is any of the following—\nthe retransfer;\nthe cessation of Allconnex’s functions under this Act or its dissolution;\nthe service provider functions of a withdrawn council or a corporate entity (service provider);\nanything necessary or desirable for a distributor-retailer other than Allconnex because of a matter mentioned in paragraphs (a) to (c).\ns 119 ins 2012 No. 1 s 77\n- (a) the retransfer;\n- (b) the cessation of Allconnex’s functions under this Act or its dissolution;\n- (c) the service provider functions of a withdrawn council or a corporate entity (service provider);\n- (d) anything necessary or desirable for a distributor-retailer other than Allconnex because of a matter mentioned in paragraphs (a) to (c).","sortOrder":714},{"sectionNumber":"sec.120","sectionType":"section","heading":"Price mitigation plans of withdrawn councils","content":"### sec.120 Price mitigation plans of withdrawn councils\n\nThe price mitigation plan of a participating local government of Allconnex becomes that local government’s price mitigation plan as a withdrawn council.\ns 120 ins 2012 No. 1 s 77","sortOrder":715},{"sectionNumber":"sec.120A","sectionType":"section","heading":"Authorised exchange of information","content":"### sec.120A Authorised exchange of information\n\nSection 92BS applies to a party to the retransfer exchanging information with another party under that section from the period starting at the beginning of 11 October 2011 and ending on the date of assent.\ns 120A ins 2012 No. 1 s 77","sortOrder":716},{"sectionNumber":"sec.121","sectionType":"section","heading":"Customer water and wastewater code amendments for transitional matters","content":"### sec.121 Customer water and wastewater code amendments for transitional matters\n\nSection 97(2) does not apply for any amendment of the customer water and wastewater code the Minister considers is for a transitional matter.\ns 121 ins 2012 No. 1 s 77","sortOrder":717},{"sectionNumber":"sec.121A","sectionType":"section","heading":"Application of s 99ATA to withdrawn councils and Allconnex","content":"### sec.121A Application of s 99ATA to withdrawn councils and Allconnex\n\nDespite section 99ATA(2), the details of the charges relating to a withdrawn council’s water services and wastewater services for the financial year starting on 1 July 2012 must be published on its website by 1 July 2012.\nTo remove any doubt, it is declared that—\nsection 99ATA(1) and (2) does not apply to Allconnex for charges relating to the financial year starting on 1 July 2012; and\nsection 99ATA(3) and (4) does not apply to Allconnex for proposed charges for the financial year starting on 1 July 2012.\ns 121A ins 2012 No. 1 s 77\n(sec.121A-ssec.1) Despite section 99ATA(2), the details of the charges relating to a withdrawn council’s water services and wastewater services for the financial year starting on 1 July 2012 must be published on its website by 1 July 2012.\n(sec.121A-ssec.2) To remove any doubt, it is declared that— section 99ATA(1) and (2) does not apply to Allconnex for charges relating to the financial year starting on 1 July 2012; and section 99ATA(3) and (4) does not apply to Allconnex for proposed charges for the financial year starting on 1 July 2012.\n- (a) section 99ATA(1) and (2) does not apply to Allconnex for charges relating to the financial year starting on 1 July 2012; and\n- (b) section 99ATA(3) and (4) does not apply to Allconnex for proposed charges for the financial year starting on 1 July 2012.","sortOrder":718},{"sectionNumber":"sec.122","sectionType":"section","heading":"Deferral of application of s 99AV","content":"### sec.122 Deferral of application of s 99AV\n\nSection 99AV(1)(c), (d), (e), (i), (l) and (m) do not apply for a withdrawn council until—\n2 years after the day on which this section commences; or\nif within the 2 years an earlier day is prescribed under a regulation—the earlier day.\ns 122 ins 2012 No. 1 s 77\n- (a) 2 years after the day on which this section commences; or\n- (b) if within the 2 years an earlier day is prescribed under a regulation—the earlier day.","sortOrder":719},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 ins 2012 No. 1 s 77\nexp 17 February 2013 (see s 123(4))","sortOrder":720},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012","content":"# Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012","sortOrder":721},{"sectionNumber":"sec.124","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.124 Definitions for pt 7\n\nIn this part—\namending Act means the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 .\ncommencement means commencement of the provision in which the term is used.\nformer , in relation to a provision, means as in force immediately before the repeal of the provision by the amending Act.\nretransfer staff support framework means the retransfer staff support framework mentioned in former section 92EC.\nstaff support framework means a staff support framework approved by the industrial relations Minister under former section 79.\ns 124 ins 2012 No. 13 s 20 (retro)","sortOrder":722},{"sectionNumber":"sec.125","sectionType":"section","heading":"Cessation of staff support framework","content":"### sec.125 Cessation of staff support framework\n\nThis section applies to a staff support framework applying immediately before the commencement to a distributor-retailer.\nThe reference to a distributor-retailer in this section includes Allconnex, for which sections 126 and 127 make particular provision.\nFrom the commencement—\nthe staff support framework ceases to apply for the distributor-retailer’s employees and its participating local governments; and\nany requirement in a document for the distributor-retailer to act in accordance with the staff support framework, or any provision of it, no longer applies.\nHowever, subsection (2) does not invalidate or otherwise affect—\nanything done under the staff support framework before the commencement; or\nany requirement in a document that does not rely on the staff support framework, or any provision of it, merely because it is a similar obligation.\nAlso, anything started under the staff support framework before the commencement may be finished from the commencement as if former section 79 had not been repealed.\nFor the purposes of subsection (4), former section 80 continues to apply to anything to be finished under subsection (4) as if former section 80 had not been repealed.\nFrom the commencement, former section 83 continues to apply to the transfer of an employee of a local government to a distributor-retailer under a transition document as if former section 79 and former section 83 had not been repealed.\ns 125 ins 2012 No. 13 s 20 (retro)\n(sec.125-ssec.1) This section applies to a staff support framework applying immediately before the commencement to a distributor-retailer. The reference to a distributor-retailer in this section includes Allconnex, for which sections 126 and 127 make particular provision.\n(sec.125-ssec.2) From the commencement— the staff support framework ceases to apply for the distributor-retailer’s employees and its participating local governments; and any requirement in a document for the distributor-retailer to act in accordance with the staff support framework, or any provision of it, no longer applies.\n(sec.125-ssec.3) However, subsection (2) does not invalidate or otherwise affect— anything done under the staff support framework before the commencement; or any requirement in a document that does not rely on the staff support framework, or any provision of it, merely because it is a similar obligation.\n(sec.125-ssec.4) Also, anything started under the staff support framework before the commencement may be finished from the commencement as if former section 79 had not been repealed.\n(sec.125-ssec.5) For the purposes of subsection (4), former section 80 continues to apply to anything to be finished under subsection (4) as if former section 80 had not been repealed.\n(sec.125-ssec.6) From the commencement, former section 83 continues to apply to the transfer of an employee of a local government to a distributor-retailer under a transition document as if former section 79 and former section 83 had not been repealed.\n- (a) the staff support framework ceases to apply for the distributor-retailer’s employees and its participating local governments; and\n- (b) any requirement in a document for the distributor-retailer to act in accordance with the staff support framework, or any provision of it, no longer applies.\n- (a) anything done under the staff support framework before the commencement; or\n- (b) any requirement in a document that does not rely on the staff support framework, or any provision of it, merely because it is a similar obligation.","sortOrder":723},{"sectionNumber":"sec.126","sectionType":"section","heading":"Retransfer staff support framework taken never to have had effect","content":"### sec.126 Retransfer staff support framework taken never to have had effect\n\nFrom the commencement, the retransfer staff support framework has no effect and is taken never to have had effect.\nHowever, subsection (1) does not invalidate or otherwise affect anything done under the retransfer staff support framework before the commencement.\nAlso, if an affected employee received a payment from Allconnex or a withdrawn council in the retransfer period, whether or not the payment was made or purportedly made under the retransfer staff support framework, subsection (1) does not, of itself, create a right by Allconnex or the withdrawn council to recover the payment.\nSubsection (5) applies if Allconnex or a withdrawn council—\nbefore the commencement—\nmakes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or\nin connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and\nfrom the commencement, fails to act on the representation, agreement, understanding or undertaking because the retransfer staff support framework has no effect.\nAllconnex’s or the withdrawn council’s making of the representation, entering into the agreement or having the understanding with the affected employee under subsection (4)(a), or failure to act under subsection (4)(b), does not, of itself, create a legally enforceable right of anyone.\nIn this section—\naction includes inaction.\naffected employee means an employee of Allconnex or a withdrawn council.\npayment includes a benefit.\nrepresentation includes a promise, whether express or implied.\nretransfer period means the period starting at the beginning of 16 December 2011 and ending on the date of assent of the amending Act.\ns 126 ins 2012 No. 13 s 20 (retro)\n(sec.126-ssec.1) From the commencement, the retransfer staff support framework has no effect and is taken never to have had effect.\n(sec.126-ssec.2) However, subsection (1) does not invalidate or otherwise affect anything done under the retransfer staff support framework before the commencement.\n(sec.126-ssec.3) Also, if an affected employee received a payment from Allconnex or a withdrawn council in the retransfer period, whether or not the payment was made or purportedly made under the retransfer staff support framework, subsection (1) does not, of itself, create a right by Allconnex or the withdrawn council to recover the payment.\n(sec.126-ssec.4) Subsection (5) applies if Allconnex or a withdrawn council— before the commencement— makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and from the commencement, fails to act on the representation, agreement, understanding or undertaking because the retransfer staff support framework has no effect.\n(sec.126-ssec.5) Allconnex’s or the withdrawn council’s making of the representation, entering into the agreement or having the understanding with the affected employee under subsection (4)(a), or failure to act under subsection (4)(b), does not, of itself, create a legally enforceable right of anyone.\n(sec.126-ssec.6) In this section— action includes inaction. affected employee means an employee of Allconnex or a withdrawn council. payment includes a benefit. representation includes a promise, whether express or implied. retransfer period means the period starting at the beginning of 16 December 2011 and ending on the date of assent of the amending Act.\n- (a) before the commencement— (i) makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or (ii) in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and\n- (i) makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or\n- (ii) in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and\n- (b) from the commencement, fails to act on the representation, agreement, understanding or undertaking because the retransfer staff support framework has no effect.\n- (i) makes a representation in relation to an affected employee in compliance or purported compliance with the retransfer staff support framework; or\n- (ii) in connection with the retransfer staff support framework, enters into an agreement or has an understanding with an affected employee or undertakes to take action in relation to an affected employee; and","sortOrder":724},{"sectionNumber":"sec.127","sectionType":"section","heading":"Effect of former s 92EE on staff support framework","content":"### sec.127 Effect of former s 92EE on staff support framework\n\nTo remove any doubt, it is declared that the staff support framework—\ndid not under former section 92EE cease to apply for Allconnex’s employees and the withdrawn councils; and\ncontinued to apply for Allconnex’s employees and the withdrawn councils, to the greatest practicable extent, until its cessation under section 125.\ns 127 ins 2012 No. 13 s 20 (retro)\n- (a) did not under former section 92EE cease to apply for Allconnex’s employees and the withdrawn councils; and\n- (b) continued to apply for Allconnex’s employees and the withdrawn councils, to the greatest practicable extent, until its cessation under section 125.","sortOrder":725},{"sectionNumber":"sec.128","sectionType":"section","heading":"Application of particular provisions of Local Government (Operations) Regulation 2010 to withdrawn councils’ employees","content":"### sec.128 Application of particular provisions of Local Government (Operations) Regulation 2010 to withdrawn councils’ employees\n\nFor the application of the Local Government (Operations) Regulation 2010 , chapter 5 , part 3 , division 4 to a withdrawn council’s employees who are transferred from Allconnex under a retransfer document, and despite section 99(7) of that regulation, a water entity is taken not to include a withdrawn council.\ns 128 ins 2012 No. 13 s 20 (retro)","sortOrder":726},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 ins 2012 No. 13 s 20 (retro)\nexp 30 June 2013 (see s 129(4))","sortOrder":727},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012","content":"# Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012","sortOrder":728},{"sectionNumber":"sec.130","sectionType":"section","heading":"Effect of SEQ design and construction code","content":"### sec.130 Effect of SEQ design and construction code\n\nThis section applies to the SEQ design and construction code in effect for each SEQ service provider immediately before the commencement of this section.\nOn the commencement, the SEQ design and construction code continues as the SEQ design and construction code adopted by the SEQ service provider under this Act.\ns 130 ins 2012 No. 39 s 20\n(sec.130-ssec.1) This section applies to the SEQ design and construction code in effect for each SEQ service provider immediately before the commencement of this section.\n(sec.130-ssec.2) On the commencement, the SEQ design and construction code continues as the SEQ design and construction code adopted by the SEQ service provider under this Act.","sortOrder":729},{"sectionNumber":"ch.6-pt.9","sectionType":"part","heading":"Transitional provisions for Water Supply Services Legislation Amendment Act 2014","content":"# Transitional provisions for Water Supply Services Legislation Amendment Act 2014","sortOrder":730},{"sectionNumber":"ch.6-pt.9-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":731},{"sectionNumber":"sec.131","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.131 Definitions for pt 9\n\nIn this part—\namending Act means the Water Supply Services Legislation Amendment Act 2014 .\ncommencement means the commencement of this section.\nformer , in relation to a provision, means the provision as in force immediately before the repeal or amendment of the provision under the amending Act.\ns 131 ins 2014 No. 16 s 25","sortOrder":732},{"sectionNumber":"ch.6-pt.9-div.2","sectionType":"division","heading":"Provisions about delegations","content":"## Provisions about delegations","sortOrder":733},{"sectionNumber":"sec.132","sectionType":"section","heading":"Delegations for concurrence agency functions","content":"### sec.132 Delegations for concurrence agency functions\n\nThis section applies to—\na development application mentioned in the repealed SPA, section 959B(1) or 959C(1); and\na development approval mentioned in the repealed SPA, section 959E(1) or (2).\nA delegation under former section 53(5)(a)(i), or a subdelegation of that function under former section 53(6), continues to apply to the development application or development approval, as if the amending Act had not been enacted.\nAlso, a delegation under former section 53(5)(d), or a subdelegation of that function under former section 53(6), continues to apply to a development approval mentioned in subsection (1)(b) as if the amending Act had not been enacted.\nFormer section 53(6) to (10) continues to apply to a delegation mentioned in subsection (2) or (3).\ns 132 ins 2014 No. 36 s 47A\namd 2016 No. 27 s 493\n(sec.132-ssec.1) This section applies to— a development application mentioned in the repealed SPA, section 959B(1) or 959C(1); and a development approval mentioned in the repealed SPA, section 959E(1) or (2).\n(sec.132-ssec.2) A delegation under former section 53(5)(a)(i), or a subdelegation of that function under former section 53(6), continues to apply to the development application or development approval, as if the amending Act had not been enacted.\n(sec.132-ssec.3) Also, a delegation under former section 53(5)(d), or a subdelegation of that function under former section 53(6), continues to apply to a development approval mentioned in subsection (1)(b) as if the amending Act had not been enacted.\n(sec.132-ssec.4) Former section 53(6) to (10) continues to apply to a delegation mentioned in subsection (2) or (3).\n- (a) a development application mentioned in the repealed SPA, section 959B(1) or 959C(1); and\n- (b) a development approval mentioned in the repealed SPA, section 959E(1) or (2).","sortOrder":734},{"sectionNumber":"sec.133","sectionType":"section","heading":"Delegations related to functions under the repealed SPA, ch 9, pt 7A, div 4 continue","content":"### sec.133 Delegations related to functions under the repealed SPA, ch 9, pt 7A, div 4 continue\n\nThis section applies if a compliance assessment (an existing assessment ) mentioned in the repealed SPA, section 959F was, or is, required.\nA delegation under former section 53(5)(a)(ii) or (5)(d), or a subdelegation under former section 53(6), continues to apply to the existing assessment as if the amending Act had not been enacted.\nFormer section 53(6) to (10) continues to apply to a delegation mentioned in subsection (2).\ns 133 ins 2014 No. 36 s 47A\namd 2016 No. 27 s 493\n(sec.133-ssec.1) This section applies if a compliance assessment (an existing assessment ) mentioned in the repealed SPA, section 959F was, or is, required.\n(sec.133-ssec.2) A delegation under former section 53(5)(a)(ii) or (5)(d), or a subdelegation under former section 53(6), continues to apply to the existing assessment as if the amending Act had not been enacted.\n(sec.133-ssec.3) Former section 53(6) to (10) continues to apply to a delegation mentioned in subsection (2).","sortOrder":735},{"sectionNumber":"sec.134","sectionType":"section","heading":"Delegation of functions under the repealed SPA, ch 9, pt 7A, div 5","content":"### sec.134 Delegation of functions under the repealed SPA, ch 9, pt 7A, div 5\n\nA distributor-retailer may delegate its functions under the repealed SPA, former chapter 9, part 7A, division 5 to its relevant participating local governments.\nFormer section 53(6) and (10) is taken to apply to a delegation made under subsection (1).\ns 134 ins 2014 No. 36 s 47A\namd 2016 No. 27 s 493\n(sec.134-ssec.1) A distributor-retailer may delegate its functions under the repealed SPA, former chapter 9, part 7A, division 5 to its relevant participating local governments.\n(sec.134-ssec.2) Former section 53(6) and (10) is taken to apply to a delegation made under subsection (1).","sortOrder":736},{"sectionNumber":"ch.6-pt.9-div.3","sectionType":"division","heading":"Provisions about development approvals","content":"## Provisions about development approvals","sortOrder":737},{"sectionNumber":"sec.135","sectionType":"section","heading":"Water connection aspect of development approvals under the repealed SPA","content":"### sec.135 Water connection aspect of development approvals under the repealed SPA\n\nThis section applies to the following development approvals if the approval involves a water connection aspect—\na development approval that takes effect under the repealed SPA, section 959B or 959C if the approval is for a material change of use of premises or reconfiguring a lot under the repealed SPA;\na staged development approval to which the repealed SPA, section 959D applies.\nThe water connection aspect of the development approval is taken to be a water approval for a staged connection.\nAll conditions of the development approval relating to the water connection aspect are taken to be conditions of the water approval.\nIn this section—\ndevelopment approval means a development approval under the repealed SPA.\nstaged development approval means a development approval for reconfiguring a lot.\nwater connection aspect , of a development approval, means the aspect of the approval that is related to the infrastructure of a distributor-retailer in relation to its water service or wastewater service.\ns 135 ins 2014 No. 36 s 47A\namd 2016 No. 27 s 493\n(sec.135-ssec.1) This section applies to the following development approvals if the approval involves a water connection aspect— a development approval that takes effect under the repealed SPA, section 959B or 959C if the approval is for a material change of use of premises or reconfiguring a lot under the repealed SPA; a staged development approval to which the repealed SPA, section 959D applies.\n(sec.135-ssec.2) The water connection aspect of the development approval is taken to be a water approval for a staged connection.\n(sec.135-ssec.3) All conditions of the development approval relating to the water connection aspect are taken to be conditions of the water approval.\n(sec.135-ssec.4) In this section— development approval means a development approval under the repealed SPA. staged development approval means a development approval for reconfiguring a lot. water connection aspect , of a development approval, means the aspect of the approval that is related to the infrastructure of a distributor-retailer in relation to its water service or wastewater service.\n- (a) a development approval that takes effect under the repealed SPA, section 959B or 959C if the approval is for a material change of use of premises or reconfiguring a lot under the repealed SPA;\n- (b) a staged development approval to which the repealed SPA, section 959D applies.","sortOrder":738},{"sectionNumber":"ch.6-pt.9-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":739},{"sectionNumber":"sec.137","sectionType":"section","heading":"SEQ service providers to adopt interim connections policy","content":"### sec.137 SEQ service providers to adopt interim connections policy\n\nAn SEQ service provider must, by 1 July 2014, adopt a water netserv plan to the extent the plan deals with the connections policy under section 99BO(1)(f) (an interim connections policy ).\nThe following provisions apply for the making and adoption of the interim connections policy—\nsection 99BR(1)(a) to (c) and (2);\nsection 99BR(5), to the extent it applies to a participating local government or withdrawn council;\nsection 99BR(7);\nsection 99BRAB, other than subsections (2) and (5)(a).\nThe interim connections policy ceases to have effect when the SEQ service provider’s water netserv plan takes effect under section 99BRAB(3).\ns 137 ins 2014 No. 16 s 25\n(sec.137-ssec.1) An SEQ service provider must, by 1 July 2014, adopt a water netserv plan to the extent the plan deals with the connections policy under section 99BO(1)(f) (an interim connections policy ).\n(sec.137-ssec.2) The following provisions apply for the making and adoption of the interim connections policy— section 99BR(1)(a) to (c) and (2); section 99BR(5), to the extent it applies to a participating local government or withdrawn council; section 99BR(7); section 99BRAB, other than subsections (2) and (5)(a).\n(sec.137-ssec.3) The interim connections policy ceases to have effect when the SEQ service provider’s water netserv plan takes effect under section 99BRAB(3).\n- (a) section 99BR(1)(a) to (c) and (2);\n- (b) section 99BR(5), to the extent it applies to a participating local government or withdrawn council;\n- (c) section 99BR(7);\n- (d) section 99BRAB, other than subsections (2) and (5)(a).","sortOrder":740},{"sectionNumber":"sec.138","sectionType":"section","heading":"Documents and information about water approvals and development approvals under former s 53","content":"### sec.138 Documents and information about water approvals and development approvals under former s 53\n\nThis section applies if—\na relevant participating local government holds information or documents under former section 53; and\na distributor-retailer asks the local government to give it the information or document.\nThe local government must, as soon as reasonably practicable, give it the information or documents at no cost.\ns 138 ins 2014 No. 16 s 25\n(sec.138-ssec.1) This section applies if— a relevant participating local government holds information or documents under former section 53; and a distributor-retailer asks the local government to give it the information or document.\n(sec.138-ssec.2) The local government must, as soon as reasonably practicable, give it the information or documents at no cost.\n- (a) a relevant participating local government holds information or documents under former section 53; and\n- (b) a distributor-retailer asks the local government to give it the information or document.","sortOrder":741},{"sectionNumber":"sec.139","sectionType":"section","heading":"Overdue charges","content":"### sec.139 Overdue charges\n\nThis section applies if, on the commencement, a distributor-retailer is owed an amount for all or any of the following for premises—\na charge under the repealed SPA, former section 755K or 755KB;\na charge under an agreement under the repealed SPA, former section 755L, 755M or 755MA.\nFrom the commencement, the amount is taken to be an overdue charge for chapter 2A, part 3.\nHowever, a charge under this section is not recoverable unless the entitlements for the approval or permit under the repealed SPA are exercised.\ns 139 ins 2014 No. 16 s 25\namd 2016 No. 27 s 494\n(sec.139-ssec.1) This section applies if, on the commencement, a distributor-retailer is owed an amount for all or any of the following for premises— a charge under the repealed SPA, former section 755K or 755KB; a charge under an agreement under the repealed SPA, former section 755L, 755M or 755MA.\n(sec.139-ssec.2) From the commencement, the amount is taken to be an overdue charge for chapter 2A, part 3.\n(sec.139-ssec.3) However, a charge under this section is not recoverable unless the entitlements for the approval or permit under the repealed SPA are exercised.\n- (a) a charge under the repealed SPA, former section 755K or 755KB;\n- (b) a charge under an agreement under the repealed SPA, former section 755L, 755M or 755MA.","sortOrder":742},{"sectionNumber":"sec.140","sectionType":"section","heading":"Schedule of works for distributor-retailers before 1 October 2014","content":"### sec.140 Schedule of works for distributor-retailers before 1 October 2014\n\nA distributor-retailer’s board must adopt a schedule of works by 1 July 2014.\nThe schedule of works—\nmust be made available for inspection by the public; and\nceases to have effect once the schedule is incorporated in the distributor-retailer’s water netserv plan and the plan is in effect.\nSubsection (4) applies for a distributor-retailer until the earlier of the following to happen—\nthe distributor-retailer adopts a water netserv plan;\n1 October 2014.\nA reference to a water netserv plan in any of the following provisions is taken to be a reference to the schedule of works adopted by the distributor-retailer’s board under subsection (1)—\nsection 99BRCO, 99BRCQ, 99BRCR, 99BRCU or 99BRCW;\nthe schedule, definition trunk infrastructure .\ns 140 ins 2014 No. 16 s 25\namd 2014 No. 36 s 47\n(sec.140-ssec.1) A distributor-retailer’s board must adopt a schedule of works by 1 July 2014.\n(sec.140-ssec.2) The schedule of works— must be made available for inspection by the public; and ceases to have effect once the schedule is incorporated in the distributor-retailer’s water netserv plan and the plan is in effect.\n(sec.140-ssec.3) Subsection (4) applies for a distributor-retailer until the earlier of the following to happen— the distributor-retailer adopts a water netserv plan; 1 October 2014.\n(sec.140-ssec.4) A reference to a water netserv plan in any of the following provisions is taken to be a reference to the schedule of works adopted by the distributor-retailer’s board under subsection (1)— section 99BRCO, 99BRCQ, 99BRCR, 99BRCU or 99BRCW; the schedule, definition trunk infrastructure .\n- (a) must be made available for inspection by the public; and\n- (b) ceases to have effect once the schedule is incorporated in the distributor-retailer’s water netserv plan and the plan is in effect.\n- (a) the distributor-retailer adopts a water netserv plan;\n- (b) 1 October 2014.\n- (a) section 99BRCO, 99BRCQ, 99BRCR, 99BRCU or 99BRCW;\n- (b) the schedule, definition trunk infrastructure .","sortOrder":743},{"sectionNumber":"sec.140A","sectionType":"section","heading":null,"content":"### Section sec.140A\n\ns 140A ins 2014 No. 16 s 25\nexp 1 July 2015 (see s 140A(4))","sortOrder":744},{"sectionNumber":"ch.6-pt.10","sectionType":"part","heading":"Transitional provisions for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014","content":"# Transitional provisions for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014","sortOrder":745},{"sectionNumber":"sec.140B","sectionType":"section","heading":"Definitions for pt 10","content":"### sec.140B Definitions for pt 10\n\nIn this part—\ncommencement means, other than for section 141, the commencement of the Water Supply Services Legislation Amendment Act 2014 , section 30 .\nconcurrence agency see the repealed SPA , section 251 .\ns 140B def concurrence agency amd 2016 No. 27 s 495 (1)\ndevelopment approval means a development approval under the Planning Act.\nunamended repealed SPA means the repealed SPA as in force immediately before the commencement.\ns 140B def unamended repealed SPA (prev def unamended Planning Act ) amd 2016 No. 27 s 495 (2)\ns 140B ins 2014 No. 36 s 48","sortOrder":746},{"sectionNumber":"sec.140C","sectionType":"section","heading":"Development application for development approval—distributor-retailers","content":"### sec.140C Development application for development approval—distributor-retailers\n\nThis section applies to a development application to which the repealed SPA, section 959B or 959C applies if the application is for a material change of use of premises or reconfiguring a lot under the repealed SPA .\nDespite the repealed SPA , sections 959B (3) and 959C (3) , for the aspect of the application for which a distributor-retailer or its participating local government is a concurrence agency—\nthe following provisions of the unamended repealed SPA do not apply for deciding the application—\nchapter 8;\nsection 347(1)(b);\nchapter 9, part 7A, division 5; and\nsection 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 apply for deciding the application—\nas if a reference to an application for a water approval were a reference to a development application; and\nas if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and\nas if a reference to a water approval were a reference to a development approval; and\nas if a reference to a water approval condition were a reference to a condition of a development approval; and\nas if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and\nwith any other necessary changes.\nThe distributor-retailer or its participating local government may, under chapter 4C, part 7, impose on any development approval given for the development application a condition about infrastructure for the distributor-retailer’s water service or wastewater service as if the development approval were a water approval.\nTo remove any doubt, it is declared that if a condition is imposed on a development approval under subsection (3), the condition is a condition of the development approval.\nThe water connection aspect of a development approval given for a development application to which the repealed SPA , section 959B or 959C applies becomes a water approval under section 135.\ns 140C ins 2014 No. 36 s 48\namd 2016 No. 27 s 496\n(sec.140C-ssec.1) This section applies to a development application to which the repealed SPA, section 959B or 959C applies if the application is for a material change of use of premises or reconfiguring a lot under the repealed SPA .\n(sec.140C-ssec.2) Despite the repealed SPA , sections 959B (3) and 959C (3) , for the aspect of the application for which a distributor-retailer or its participating local government is a concurrence agency— the following provisions of the unamended repealed SPA do not apply for deciding the application— chapter 8; section 347(1)(b); chapter 9, part 7A, division 5; and section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 apply for deciding the application— as if a reference to an application for a water approval were a reference to a development application; and as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and as if a reference to a water approval were a reference to a development approval; and as if a reference to a water approval condition were a reference to a condition of a development approval; and as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and with any other necessary changes.\n(sec.140C-ssec.3) The distributor-retailer or its participating local government may, under chapter 4C, part 7, impose on any development approval given for the development application a condition about infrastructure for the distributor-retailer’s water service or wastewater service as if the development approval were a water approval.\n(sec.140C-ssec.4) To remove any doubt, it is declared that if a condition is imposed on a development approval under subsection (3), the condition is a condition of the development approval. The water connection aspect of a development approval given for a development application to which the repealed SPA , section 959B or 959C applies becomes a water approval under section 135.\n- (a) the following provisions of the unamended repealed SPA do not apply for deciding the application— (i) chapter 8; (ii) section 347(1)(b); (iii) chapter 9, part 7A, division 5; and\n- (i) chapter 8;\n- (ii) section 347(1)(b);\n- (iii) chapter 9, part 7A, division 5; and\n- (b) section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 apply for deciding the application— (i) as if a reference to an application for a water approval were a reference to a development application; and (ii) as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and (iii) as if a reference to a water approval were a reference to a development approval; and (iv) as if a reference to a water approval condition were a reference to a condition of a development approval; and (v) as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and (vi) with any other necessary changes.\n- (i) as if a reference to an application for a water approval were a reference to a development application; and\n- (ii) as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and\n- (iii) as if a reference to a water approval were a reference to a development approval; and\n- (iv) as if a reference to a water approval condition were a reference to a condition of a development approval; and\n- (v) as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and\n- (vi) with any other necessary changes.\n- (i) chapter 8;\n- (ii) section 347(1)(b);\n- (iii) chapter 9, part 7A, division 5; and\n- (i) as if a reference to an application for a water approval were a reference to a development application; and\n- (ii) as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and\n- (iii) as if a reference to a water approval were a reference to a development approval; and\n- (iv) as if a reference to a water approval condition were a reference to a condition of a development approval; and\n- (v) as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and\n- (vi) with any other necessary changes.","sortOrder":747},{"sectionNumber":"sec.140D","sectionType":"section","heading":"Existing notices","content":"### sec.140D Existing notices\n\nThis section applies if—\na notice (an original notice ) to which the repealed SPA , section 959G applies is given for a development approval to which the repealed SPA , section 959E applies; and\na person makes a request under the repealed SPA , section 369 (1) to change the development approval.\nDespite sections 959E(3) and 959G(2), an infrastructure charges notice may be given under the amended Act, chapter 4C, part 7, division 2, subdivision 3 to replace the original notice as if—\nthe original notice were an infrastructure charges notice under this Act; and\na reference to a water approval were a reference to a development approval.\nHowever, section 99BRDC does not apply to an infrastructure charges notice given under subsection (2).\nIn this section—\namended Act means this Act as in force after the commencement of the Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 , section 45 .\ns 140D ins 2014 No. 36 s 48\namd 2016 No. 27 s 497\n(sec.140D-ssec.1) This section applies if— a notice (an original notice ) to which the repealed SPA , section 959G applies is given for a development approval to which the repealed SPA , section 959E applies; and a person makes a request under the repealed SPA , section 369 (1) to change the development approval.\n(sec.140D-ssec.2) Despite sections 959E(3) and 959G(2), an infrastructure charges notice may be given under the amended Act, chapter 4C, part 7, division 2, subdivision 3 to replace the original notice as if— the original notice were an infrastructure charges notice under this Act; and a reference to a water approval were a reference to a development approval.\n(sec.140D-ssec.3) However, section 99BRDC does not apply to an infrastructure charges notice given under subsection (2).\n(sec.140D-ssec.4) In this section— amended Act means this Act as in force after the commencement of the Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014 , section 45 .\n- (a) a notice (an original notice ) to which the repealed SPA , section 959G applies is given for a development approval to which the repealed SPA , section 959E applies; and\n- (b) a person makes a request under the repealed SPA , section 369 (1) to change the development approval.\n- (a) the original notice were an infrastructure charges notice under this Act; and\n- (b) a reference to a water approval were a reference to a development approval.","sortOrder":748},{"sectionNumber":"sec.140E","sectionType":"section","heading":"Power to give infrastructure charges notice for particular existing development approvals","content":"### sec.140E Power to give infrastructure charges notice for particular existing development approvals\n\nThis section applies if a water connection aspect of a development approval is taken to be a water approval under section 135.\nFor section 99BRCI, a reference in that section to a decision notice is taken to be a reference to the decision notice for the development approval under the repealed SPA .\nA distributor-retailer can not levy a charge under section 99BRCI for the supply of trunk infrastructure for the water connection aspect if a charge was levied under the repealed SPA for the supply of the trunk infrastructure before the water connection aspect was taken to be a water approval.\nHowever, this section does not limit a distributor-retailer from levying a charge under section 99BRCI for the supply of additional or related trunk infrastructure if a subsequent water approval takes effect under this Act.\ns 140E ins 2014 No. 36 s 48\namd 2016 No. 27 s 497\n(sec.140E-ssec.1) This section applies if a water connection aspect of a development approval is taken to be a water approval under section 135.\n(sec.140E-ssec.2) For section 99BRCI, a reference in that section to a decision notice is taken to be a reference to the decision notice for the development approval under the repealed SPA .\n(sec.140E-ssec.3) A distributor-retailer can not levy a charge under section 99BRCI for the supply of trunk infrastructure for the water connection aspect if a charge was levied under the repealed SPA for the supply of the trunk infrastructure before the water connection aspect was taken to be a water approval.\n(sec.140E-ssec.4) However, this section does not limit a distributor-retailer from levying a charge under section 99BRCI for the supply of additional or related trunk infrastructure if a subsequent water approval takes effect under this Act.","sortOrder":749},{"sectionNumber":"sec.140F","sectionType":"section","heading":"Adopted infrastructure charges at commencement continue in effect","content":"### sec.140F Adopted infrastructure charges at commencement continue in effect\n\nThis section applies if—\nbefore the commencement—\na State Planning Regulatory Provision under the repealed SPA provided for a charge for the supply of trunk infrastructure; and\nthe distributor-retailer’s board adopted a charge (an existing charge ) for the supply of the trunk infrastructure under the unamended Planning Act, section 755KA; and\nthe relevant distributor-retailer has not adopted an infrastructure charges schedule under section 99BRCE.\nDespite section 99BRCF(1), the adopted charge for providing the trunk infrastructure is the existing charge for the infrastructure and is taken to have had effect on the day it had effect under the unamended Planning Act.\nHowever, an existing charge is of no effect to the extent it is inconsistent with the SPRP (adopted charges).\nSubsection (5) applies if a decision (an existing board decision ) of the distributor-retailer’s board under the unamended Planning Act, section 755KA does not include a method for working out the cost of infrastructure the subject of an offset or refund.\nThe decision is taken to include a method as set out in a guideline mentioned in the repealed SPA , section 979 (3) .\nIf the existing board decision does not include criteria for deciding a conversion application, the existing board decision is taken to include criteria as set out in a guideline mentioned in the repealed SPA , section 979 (3A) .\nIn this section—\nSPRP (adopted charges) see the repealed SPA , section 629 (5) .\ns 140F ins 2014 No. 36 s 48\namd 2016 No. 27 s 498\n(sec.140F-ssec.1) This section applies if— before the commencement— a State Planning Regulatory Provision under the repealed SPA provided for a charge for the supply of trunk infrastructure; and the distributor-retailer’s board adopted a charge (an existing charge ) for the supply of the trunk infrastructure under the unamended Planning Act, section 755KA; and the relevant distributor-retailer has not adopted an infrastructure charges schedule under section 99BRCE.\n(sec.140F-ssec.2) Despite section 99BRCF(1), the adopted charge for providing the trunk infrastructure is the existing charge for the infrastructure and is taken to have had effect on the day it had effect under the unamended Planning Act.\n(sec.140F-ssec.3) However, an existing charge is of no effect to the extent it is inconsistent with the SPRP (adopted charges).\n(sec.140F-ssec.4) Subsection (5) applies if a decision (an existing board decision ) of the distributor-retailer’s board under the unamended Planning Act, section 755KA does not include a method for working out the cost of infrastructure the subject of an offset or refund.\n(sec.140F-ssec.5) The decision is taken to include a method as set out in a guideline mentioned in the repealed SPA , section 979 (3) .\n(sec.140F-ssec.6) If the existing board decision does not include criteria for deciding a conversion application, the existing board decision is taken to include criteria as set out in a guideline mentioned in the repealed SPA , section 979 (3A) .\n(sec.140F-ssec.7) In this section— SPRP (adopted charges) see the repealed SPA , section 629 (5) .\n- (a) before the commencement— (i) a State Planning Regulatory Provision under the repealed SPA provided for a charge for the supply of trunk infrastructure; and (ii) the distributor-retailer’s board adopted a charge (an existing charge ) for the supply of the trunk infrastructure under the unamended Planning Act, section 755KA; and\n- (i) a State Planning Regulatory Provision under the repealed SPA provided for a charge for the supply of trunk infrastructure; and\n- (ii) the distributor-retailer’s board adopted a charge (an existing charge ) for the supply of the trunk infrastructure under the unamended Planning Act, section 755KA; and\n- (b) the relevant distributor-retailer has not adopted an infrastructure charges schedule under section 99BRCE.\n- (i) a State Planning Regulatory Provision under the repealed SPA provided for a charge for the supply of trunk infrastructure; and\n- (ii) the distributor-retailer’s board adopted a charge (an existing charge ) for the supply of the trunk infrastructure under the unamended Planning Act, section 755KA; and","sortOrder":750},{"sectionNumber":"ch.6-pt.11","sectionType":"part","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":751},{"sectionNumber":"sec.141","sectionType":"section","heading":"Definitions for part","content":"### sec.141 Definitions for part\n\nIn this part—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\ndefined related application means a development application for a development approval, or an existing development application for a development approval under the repealed SPA , that—\ninvolves a water connection aspect; and\nrelates to a development approval given (whether or not to the applicant) under the repealed SPA before 1 July 2014.\nexisting development application means a development application made under the repealed SPA , to which the Planning Act, section 288 applies.\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\nwater connection aspect —\nof a development application, means the aspect of the application for which—\na distributor-retailer has a referral agency function under the Planning Act, section 298 (2) (b) ; or\na distributor-retailer’s participating local government has a referral agency function under section 298 (3) (b) of that Act; or\nof an existing development application, means the aspect of the application for which a distributor-retailer or its participating local government had a concurrence agency function under the repealed SPA ; or\nof a development approval, means the aspect of the approval that relates to a distributor-retailer’s water infrastructure.\ns 141 prev s 141 ins 2014 No. 36 s 48\nexp 4 July 2015 (see s 141(4))\npres s 141 ins 2016 No. 27 s 499\n- (a) involves a water connection aspect; and\n- (b) relates to a development approval given (whether or not to the applicant) under the repealed SPA before 1 July 2014.\n- (a) of a development application, means the aspect of the application for which— (i) a distributor-retailer has a referral agency function under the Planning Act, section 298 (2) (b) ; or (ii) a distributor-retailer’s participating local government has a referral agency function under section 298 (3) (b) of that Act; or\n- (i) a distributor-retailer has a referral agency function under the Planning Act, section 298 (2) (b) ; or\n- (ii) a distributor-retailer’s participating local government has a referral agency function under section 298 (3) (b) of that Act; or\n- (b) of an existing development application, means the aspect of the application for which a distributor-retailer or its participating local government had a concurrence agency function under the repealed SPA ; or\n- (c) of a development approval, means the aspect of the approval that relates to a distributor-retailer’s water infrastructure.\n- (i) a distributor-retailer has a referral agency function under the Planning Act, section 298 (2) (b) ; or\n- (ii) a distributor-retailer’s participating local government has a referral agency function under section 298 (3) (b) of that Act; or","sortOrder":752},{"sectionNumber":"sec.142","sectionType":"section","heading":"Particular existing functions of distributor-retailer—SEQ declared master planned area","content":"### sec.142 Particular existing functions of distributor-retailer—SEQ declared master planned area\n\nFormer section 78B continues to apply to an SEQ declared master planned area, as if the amending Act had not been enacted.\nIn this section—\nSEQ declared master planned area means a declared master planned area under the repealed SPA that—\nis in the SEQ region; and\nimmediately before 1 July 2010, was identified in a master planned area declaration under the repealed SPA .\ns 142 ins 2016 No. 27 s 499\n(sec.142-ssec.1) Former section 78B continues to apply to an SEQ declared master planned area, as if the amending Act had not been enacted.\n(sec.142-ssec.2) In this section— SEQ declared master planned area means a declared master planned area under the repealed SPA that— is in the SEQ region; and immediately before 1 July 2010, was identified in a master planned area declaration under the repealed SPA .\n- (a) is in the SEQ region; and\n- (b) immediately before 1 July 2010, was identified in a master planned area declaration under the repealed SPA .","sortOrder":753},{"sectionNumber":"sec.143","sectionType":"section","heading":"Appeals and particular rights to appeal to a building and development dispute resolution committee","content":"### sec.143 Appeals and particular rights to appeal to a building and development dispute resolution committee\n\nSubsections (2) to (4) apply if—\na person started an appeal under former chapter 4C, part 4, division 3 about a matter to a building and development dispute resolution committee; and\nthe appeal was not decided before the repealed SPA was repealed.\nIf, before the repealed SPA was repealed, a building and development dispute resolution committee had been established for the appeal proceeding—\nformer chapter 4C, part 4, division 3 and the repealed SPA continue to apply in relation to the appeal; and\nthe committee’s decision on the appeal is taken to be a decision of a development tribunal on the appeal.\nSubsection (4) applies if a building and development dispute resolution committee had not been established for the appeal proceeding before the repealed SPA was repealed.\nChapter 4C, part 4, division 3 and the Planning Act apply in relation to the appeal, as if the person had started an appeal under chapter 4C, part 4, division 3 to a development tribunal about the matter.\nSubsections (6) and (7) apply if—\nimmediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee about a matter; and\nthe person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee in exercise of the right.\nThe person may, under chapter 4C, part 4, division 3, appeal to a development tribunal about the matter.\nChapter 4C, part 4, division 3 and the Planning Act apply in relation to the appeal.\nIn this section—\nbuilding and development dispute resolution committee means a building and development dispute resolution committee under the repealed SPA .\ns 143 ins 2016 No. 27 s 499\n(sec.143-ssec.1) Subsections (2) to (4) apply if— a person started an appeal under former chapter 4C, part 4, division 3 about a matter to a building and development dispute resolution committee; and the appeal was not decided before the repealed SPA was repealed.\n(sec.143-ssec.2) If, before the repealed SPA was repealed, a building and development dispute resolution committee had been established for the appeal proceeding— former chapter 4C, part 4, division 3 and the repealed SPA continue to apply in relation to the appeal; and the committee’s decision on the appeal is taken to be a decision of a development tribunal on the appeal.\n(sec.143-ssec.3) Subsection (4) applies if a building and development dispute resolution committee had not been established for the appeal proceeding before the repealed SPA was repealed.\n(sec.143-ssec.4) Chapter 4C, part 4, division 3 and the Planning Act apply in relation to the appeal, as if the person had started an appeal under chapter 4C, part 4, division 3 to a development tribunal about the matter.\n(sec.143-ssec.5) Subsections (6) and (7) apply if— immediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee about a matter; and the person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee in exercise of the right.\n(sec.143-ssec.6) The person may, under chapter 4C, part 4, division 3, appeal to a development tribunal about the matter.\n(sec.143-ssec.7) Chapter 4C, part 4, division 3 and the Planning Act apply in relation to the appeal.\n(sec.143-ssec.8) In this section— building and development dispute resolution committee means a building and development dispute resolution committee under the repealed SPA .\n- (a) a person started an appeal under former chapter 4C, part 4, division 3 about a matter to a building and development dispute resolution committee; and\n- (b) the appeal was not decided before the repealed SPA was repealed.\n- (a) former chapter 4C, part 4, division 3 and the repealed SPA continue to apply in relation to the appeal; and\n- (b) the committee’s decision on the appeal is taken to be a decision of a development tribunal on the appeal.\n- (a) immediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee about a matter; and\n- (b) the person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 3 to a building and development dispute resolution committee in exercise of the right.","sortOrder":754},{"sectionNumber":"sec.144","sectionType":"section","heading":"Appeals and particular rights to appeal to Planning and Environment Court","content":"### sec.144 Appeals and particular rights to appeal to Planning and Environment Court\n\nSubsection (2) applies if—\na person started an appeal under former chapter 4C, part 4, division 4 about a matter to the Planning and Environment Court; and\nthe appeal had not been decided before the repealed SPA was repealed.\nFormer chapter 4C, part 4, division 4 and the repealed SPA continue to apply in relation to the appeal.\nSubsections (4) and (5) apply if—\nimmediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 4 to the Planning and Environment Court about a matter; and\nthe person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 4 to the Planning and Environment Court in exercise of the right.\nThe person may, under chapter 4C, part 4, division 4, appeal to the Planning and Environment Court about the matter.\nChapter 4C, part 4, division 4 applies in relation to the appeal.\nSee also the Planning and Environment Court Act 2016 , section 76 .\ns 144 ins 2016 No. 27 s 499\n(sec.144-ssec.1) Subsection (2) applies if— a person started an appeal under former chapter 4C, part 4, division 4 about a matter to the Planning and Environment Court; and the appeal had not been decided before the repealed SPA was repealed.\n(sec.144-ssec.2) Former chapter 4C, part 4, division 4 and the repealed SPA continue to apply in relation to the appeal.\n(sec.144-ssec.3) Subsections (4) and (5) apply if— immediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 4 to the Planning and Environment Court about a matter; and the person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 4 to the Planning and Environment Court in exercise of the right.\n(sec.144-ssec.4) The person may, under chapter 4C, part 4, division 4, appeal to the Planning and Environment Court about the matter.\n(sec.144-ssec.5) Chapter 4C, part 4, division 4 applies in relation to the appeal.\n- (a) a person started an appeal under former chapter 4C, part 4, division 4 about a matter to the Planning and Environment Court; and\n- (b) the appeal had not been decided before the repealed SPA was repealed.\n- (a) immediately before the commencement, a person had a right to appeal under former chapter 4C, part 4, division 4 to the Planning and Environment Court about a matter; and\n- (b) the person had not, before the commencement, started an appeal under former chapter 4C, part 4, division 4 to the Planning and Environment Court in exercise of the right.","sortOrder":755},{"sectionNumber":"sec.145","sectionType":"section","heading":"Existing board decisions","content":"### sec.145 Existing board decisions\n\nThis Act applies to an existing board decision as if the board decision was made under section 99BRCF.\nTo remove any doubt, it is declared that the decision was made when it was made under this Act as in force immediately before the commencement.\nIn this section—\nexisting board decision means a board decision—\nmade under section 99BRCF before the commencement; and\nin force immediately before the commencement.\ns 145 ins 2016 No. 27 s 499\n(sec.145-ssec.1) This Act applies to an existing board decision as if the board decision was made under section 99BRCF.\n(sec.145-ssec.2) To remove any doubt, it is declared that the decision was made when it was made under this Act as in force immediately before the commencement.\n(sec.145-ssec.3) In this section— existing board decision means a board decision— made under section 99BRCF before the commencement; and in force immediately before the commencement.\n- (a) made under section 99BRCF before the commencement; and\n- (b) in force immediately before the commencement.","sortOrder":756},{"sectionNumber":"sec.146","sectionType":"section","heading":"Submission made under former s 99BRCN","content":"### sec.146 Submission made under former s 99BRCN\n\nThis section applies if—\nbefore the commencement, a person made a submission to a distributor-retailer about an infrastructure charges notice under the repealed SPA , section 641 , as applied by former section 99BRCN; and\nthe distributor-retailer had not made a decision on the submission before the commencement.\nFormer section 99BRCN continues to apply to the submission as if the amending Act had not been enacted.\ns 146 ins 2016 No. 27 s 499\n(sec.146-ssec.1) This section applies if— before the commencement, a person made a submission to a distributor-retailer about an infrastructure charges notice under the repealed SPA , section 641 , as applied by former section 99BRCN; and the distributor-retailer had not made a decision on the submission before the commencement.\n(sec.146-ssec.2) Former section 99BRCN continues to apply to the submission as if the amending Act had not been enacted.\n- (a) before the commencement, a person made a submission to a distributor-retailer about an infrastructure charges notice under the repealed SPA , section 641 , as applied by former section 99BRCN; and\n- (b) the distributor-retailer had not made a decision on the submission before the commencement.","sortOrder":757},{"sectionNumber":"sec.147","sectionType":"section","heading":"Development approval involving a water connection aspect given after commencement of Planning Act","content":"### sec.147 Development approval involving a water connection aspect given after commencement of Planning Act\n\nThis section applies to a development approval involving a water connection aspect if—\nthe approval is given after the commencement of the Planning Act; and\nthe approval is for a material change of use of premises, or reconfiguring a lot, under that Act; and\neither—\nthe approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or\nthe approval was given for a defined related application.\nOn and from the development approval taking effect—\nthe Planning Act does not apply to the water connection aspect of the development approval; and\nthe water connection aspect of the development approval is taken to be a water approval for a staged water connection; and\nany conditions of the development approval relating to the water connection aspect are taken to be conditions of the water approval.\ns 147 ins 2016 No. 27 s 499\n(sec.147-ssec.1) This section applies to a development approval involving a water connection aspect if— the approval is given after the commencement of the Planning Act; and the approval is for a material change of use of premises, or reconfiguring a lot, under that Act; and either— the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or the approval was given for a defined related application.\n(sec.147-ssec.2) On and from the development approval taking effect— the Planning Act does not apply to the water connection aspect of the development approval; and the water connection aspect of the development approval is taken to be a water approval for a staged water connection; and any conditions of the development approval relating to the water connection aspect are taken to be conditions of the water approval.\n- (a) the approval is given after the commencement of the Planning Act; and\n- (b) the approval is for a material change of use of premises, or reconfiguring a lot, under that Act; and\n- (c) either— (i) the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or (ii) the approval was given for a defined related application.\n- (i) the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or\n- (ii) the approval was given for a defined related application.\n- (i) the approval was given for an existing development application and, immediately before the commencement of the Planning Act, the repealed SPA , section 959B applied to the application; or\n- (ii) the approval was given for a defined related application.\n- (a) the Planning Act does not apply to the water connection aspect of the development approval; and\n- (b) the water connection aspect of the development approval is taken to be a water approval for a staged water connection; and\n- (c) any conditions of the development approval relating to the water connection aspect are taken to be conditions of the water approval.","sortOrder":758},{"sectionNumber":"sec.148","sectionType":"section","heading":"Defined related application made after commencement—water approval conditions","content":"### sec.148 Defined related application made after commencement—water approval conditions\n\nThis section applies to a defined related application made after the commencement.\nFor deciding the water connection aspect of the application—\nthe Planning Act, chapter 4 and section 66(1)(c) and (f) do not apply to the application; and\nsection 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 (each an applied provision ) apply to the application as if a reference in an applied provision to—\nan application for a water approval were a reference to a defined related application; and\nan applicant for a water approval were a reference to an applicant for a defined related application; and\na water approval were a reference to a development approval; and\na water approval condition were a reference to a condition of a development approval; and\na distributor-retailer were a reference to a referral agency for the defined related application; and\nthe applied provisions apply to the application with any other necessary changes.\nSubsection (4) applies if a distributor-retailer or a participating local government—\nis a referral agency under the Planning Act for a defined related application that is a development application; or\nwas a concurrence agency under the repealed SPA for a defined related application that is an existing development application.\nThe distributor-retailer or participating local government may, under chapter 4C, part 7, impose on a development approval given for the defined related application a condition about infrastructure for the distributor-retailer’s water infrastructure, as if the development approval were a water approval.\nTo remove any doubt, it is declared that if a condition is imposed on a development approval under subsection (4), the condition is a condition of the development approval.\ns 148 ins 2016 No. 27 s 499\n(sec.148-ssec.1) This section applies to a defined related application made after the commencement.\n(sec.148-ssec.2) For deciding the water connection aspect of the application— the Planning Act, chapter 4 and section 66(1)(c) and (f) do not apply to the application; and section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 (each an applied provision ) apply to the application as if a reference in an applied provision to— an application for a water approval were a reference to a defined related application; and an applicant for a water approval were a reference to an applicant for a defined related application; and a water approval were a reference to a development approval; and a water approval condition were a reference to a condition of a development approval; and a distributor-retailer were a reference to a referral agency for the defined related application; and the applied provisions apply to the application with any other necessary changes.\n(sec.148-ssec.3) Subsection (4) applies if a distributor-retailer or a participating local government— is a referral agency under the Planning Act for a defined related application that is a development application; or was a concurrence agency under the repealed SPA for a defined related application that is an existing development application.\n(sec.148-ssec.4) The distributor-retailer or participating local government may, under chapter 4C, part 7, impose on a development approval given for the defined related application a condition about infrastructure for the distributor-retailer’s water infrastructure, as if the development approval were a water approval.\n(sec.148-ssec.5) To remove any doubt, it is declared that if a condition is imposed on a development approval under subsection (4), the condition is a condition of the development approval.\n- (a) the Planning Act, chapter 4 and section 66(1)(c) and (f) do not apply to the application; and\n- (b) section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 (each an applied provision ) apply to the application as if a reference in an applied provision to— (i) an application for a water approval were a reference to a defined related application; and (ii) an applicant for a water approval were a reference to an applicant for a defined related application; and (iii) a water approval were a reference to a development approval; and (iv) a water approval condition were a reference to a condition of a development approval; and (v) a distributor-retailer were a reference to a referral agency for the defined related application; and\n- (i) an application for a water approval were a reference to a defined related application; and\n- (ii) an applicant for a water approval were a reference to an applicant for a defined related application; and\n- (iii) a water approval were a reference to a development approval; and\n- (iv) a water approval condition were a reference to a condition of a development approval; and\n- (v) a distributor-retailer were a reference to a referral agency for the defined related application; and\n- (c) the applied provisions apply to the application with any other necessary changes.\n- (i) an application for a water approval were a reference to a defined related application; and\n- (ii) an applicant for a water approval were a reference to an applicant for a defined related application; and\n- (iii) a water approval were a reference to a development approval; and\n- (iv) a water approval condition were a reference to a condition of a development approval; and\n- (v) a distributor-retailer were a reference to a referral agency for the defined related application; and\n- (a) is a referral agency under the Planning Act for a defined related application that is a development application; or\n- (b) was a concurrence agency under the repealed SPA for a defined related application that is an existing development application.","sortOrder":759},{"sectionNumber":"sec.149","sectionType":"section","heading":"Infrastructure charges notice for water connection aspect of development approval taken to be water approval","content":"### sec.149 Infrastructure charges notice for water connection aspect of development approval taken to be water approval\n\nThis section applies if a water connection aspect of a development approval is taken to be a water approval for a staged water connection under section 147(2)(b).\nFor section 99BRCI(3), a reference in that section to a decision notice under section 99BRAI is taken to be a reference to the decision notice under the Planning Act for the development approval.\nSection 140E(3) and (4) applies to the development approval as if a reference in section 140E(3) to the repealed SPA were a reference to the repealed SPA or the Planning Act.\ns 149 ins 2016 No. 27 s 499\n(sec.149-ssec.1) This section applies if a water connection aspect of a development approval is taken to be a water approval for a staged water connection under section 147(2)(b).\n(sec.149-ssec.2) For section 99BRCI(3), a reference in that section to a decision notice under section 99BRAI is taken to be a reference to the decision notice under the Planning Act for the development approval.\n(sec.149-ssec.3) Section 140E(3) and (4) applies to the development approval as if a reference in section 140E(3) to the repealed SPA were a reference to the repealed SPA or the Planning Act.","sortOrder":760},{"sectionNumber":"sec.150","sectionType":"section","heading":"Infrastructure charges notice for particular other development approval","content":"### sec.150 Infrastructure charges notice for particular other development approval\n\nThis section applies if—\nnotice (the original notice ) levying a charge is given under the Planning Act, or was given under the repealed SPA , for a development approval—\nthat was given before 1 July 2014; and\nthe water connection aspect of which did not become a water approval for a staged water connection under section 135(2); and\na following application is approved under the Planning Act—\na change application under that Act to change the development approval;\nan extension application under that Act for any part of the development approval.\nThe distributor-retailer for the water infrastructure to which the development approval relates may give the holder of the approval an infrastructure charges notice under chapter 4C, part 7, division 3, subdivision 3 to replace the original notice.\nChapter 4C, part 7, division 3, subdivision 3 applies to the giving of the infrastructure charges notice, as if—\nthe original notice were an infrastructure charges notice; and\na reference in chapter 4C, part 7, division 3, subdivision 3 to a water approval were a reference to a development approval.\nHowever, section 99BRDC does not apply to an infrastructure charges notice given under subsection (2).\ns 150 ins 2016 No. 27 s 499\n(sec.150-ssec.1) This section applies if— notice (the original notice ) levying a charge is given under the Planning Act, or was given under the repealed SPA , for a development approval— that was given before 1 July 2014; and the water connection aspect of which did not become a water approval for a staged water connection under section 135(2); and a following application is approved under the Planning Act— a change application under that Act to change the development approval; an extension application under that Act for any part of the development approval.\n(sec.150-ssec.2) The distributor-retailer for the water infrastructure to which the development approval relates may give the holder of the approval an infrastructure charges notice under chapter 4C, part 7, division 3, subdivision 3 to replace the original notice.\n(sec.150-ssec.3) Chapter 4C, part 7, division 3, subdivision 3 applies to the giving of the infrastructure charges notice, as if— the original notice were an infrastructure charges notice; and a reference in chapter 4C, part 7, division 3, subdivision 3 to a water approval were a reference to a development approval.\n(sec.150-ssec.4) However, section 99BRDC does not apply to an infrastructure charges notice given under subsection (2).\n- (a) notice (the original notice ) levying a charge is given under the Planning Act, or was given under the repealed SPA , for a development approval— (i) that was given before 1 July 2014; and (ii) the water connection aspect of which did not become a water approval for a staged water connection under section 135(2); and\n- (i) that was given before 1 July 2014; and\n- (ii) the water connection aspect of which did not become a water approval for a staged water connection under section 135(2); and\n- (b) a following application is approved under the Planning Act— (i) a change application under that Act to change the development approval; (ii) an extension application under that Act for any part of the development approval.\n- (i) a change application under that Act to change the development approval;\n- (ii) an extension application under that Act for any part of the development approval.\n- (i) that was given before 1 July 2014; and\n- (ii) the water connection aspect of which did not become a water approval for a staged water connection under section 135(2); and\n- (i) a change application under that Act to change the development approval;\n- (ii) an extension application under that Act for any part of the development approval.\n- (a) the original notice were an infrastructure charges notice; and\n- (b) a reference in chapter 4C, part 7, division 3, subdivision 3 to a water approval were a reference to a development approval.","sortOrder":761},{"sectionNumber":"sec.151","sectionType":"section","heading":"Delegations","content":"### sec.151 Delegations\n\nSubsection (2) applies to—\na defined related application made after the commencement of the Planning Act; and\na development approval involving a water connection aspect.\nSection 132(2) to (4) applies to the application and approval as if—\na reference in section 132(2) to a development application were a reference to a defined related application; and\na reference in section 132(2) or (3) to a development approval were a reference to a development approval involving a water connection aspect.\nSubsection (4) applies to a compliance assessment mentioned in the repealed SPA , section 959F if, under the Planning Act, the compliance assessment may continue after the commencement of that Act.\nSection 133(2) and (3) applies to the compliance assessment.\ns 151 ins 2016 No. 27 s 499\n(sec.151-ssec.1) Subsection (2) applies to— a defined related application made after the commencement of the Planning Act; and a development approval involving a water connection aspect.\n(sec.151-ssec.2) Section 132(2) to (4) applies to the application and approval as if— a reference in section 132(2) to a development application were a reference to a defined related application; and a reference in section 132(2) or (3) to a development approval were a reference to a development approval involving a water connection aspect.\n(sec.151-ssec.3) Subsection (4) applies to a compliance assessment mentioned in the repealed SPA , section 959F if, under the Planning Act, the compliance assessment may continue after the commencement of that Act.\n(sec.151-ssec.4) Section 133(2) and (3) applies to the compliance assessment.\n- (a) a defined related application made after the commencement of the Planning Act; and\n- (b) a development approval involving a water connection aspect.\n- (a) a reference in section 132(2) to a development application were a reference to a defined related application; and\n- (b) a reference in section 132(2) or (3) to a development approval were a reference to a development approval involving a water connection aspect.","sortOrder":762},{"sectionNumber":"ch.6-pt.12","sectionType":"part","heading":"Validation provision for Natural Resources and Other Legislation Amendment Act 2019","content":"# Validation provision for Natural Resources and Other Legislation Amendment Act 2019","sortOrder":763},{"sectionNumber":"sec.152","sectionType":"section","heading":"Validation provision for particular infrastructure charges notices","content":"### sec.152 Validation provision for particular infrastructure charges notices\n\nThis section applies to an infrastructure charges notice given under this Act before the commencement if the infrastructure charges notice did not include, or was not accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.\nIt is declared that the infrastructure charges notice is taken to be, and to always have been, as valid as it would have been if it had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.\nIt is also declared that anything done, or to be done, in relation to the recovery of the levied charge under the infrastructure charges notice by the distributor-retailer that gave the notice is as valid as it would have been or would be if the notice had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.\nSubsection (5) applies if the levied charge under the infrastructure charges notice has, before the commencement, been paid to the distributor-retailer that gave the notice.\nIt is declared that the payment is taken to be, and to always have been, as validly made as it would have been if the infrastructure charges notice had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.\ns 152 ins 2019 No. 17 s 319\n(sec.152-ssec.1) This section applies to an infrastructure charges notice given under this Act before the commencement if the infrastructure charges notice did not include, or was not accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.\n(sec.152-ssec.2) It is declared that the infrastructure charges notice is taken to be, and to always have been, as valid as it would have been if it had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.\n(sec.152-ssec.3) It is also declared that anything done, or to be done, in relation to the recovery of the levied charge under the infrastructure charges notice by the distributor-retailer that gave the notice is as valid as it would have been or would be if the notice had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.\n(sec.152-ssec.4) Subsection (5) applies if the levied charge under the infrastructure charges notice has, before the commencement, been paid to the distributor-retailer that gave the notice.\n(sec.152-ssec.5) It is declared that the payment is taken to be, and to always have been, as validly made as it would have been if the infrastructure charges notice had included, or been accompanied by, an information notice about the decision to give the infrastructure charges notice that states the reasons for the decision.","sortOrder":764},{"sectionNumber":"ch.6-pt.13","sectionType":"part","heading":"Transitional provision for Mineral and Energy Resources and Other Legislation Amendment Act 2020","content":"# Transitional provision for Mineral and Energy Resources and Other Legislation Amendment Act 2020","sortOrder":765},{"sectionNumber":"sec.153","sectionType":"section","heading":"Obligation of distributor-retailer to include documents and information in infrastructure charges register","content":"### sec.153 Obligation of distributor-retailer to include documents and information in infrastructure charges register\n\nAn obligation under section 99BU(2)(b), 4(b) or (6) of a distributor-retailer to include in an infrastructure charges register documents or information for a financial year or a period of 3 consecutive financial years applies only to a financial year starting on or after 1 July 2021.\ns 153 ins 2020 No. 14 s 213","sortOrder":766},{"sectionNumber":"ch.6-pt.14","sectionType":"part","heading":"Transitional provisions for Water Legislation Amendment Act 2023","content":"# Transitional provisions for Water Legislation Amendment Act 2023","sortOrder":767},{"sectionNumber":"sec.154","sectionType":"section","heading":"Definition for part","content":"### sec.154 Definition for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 154 ins 2023 No. 24 s 9","sortOrder":768},{"sectionNumber":"sec.155","sectionType":"section","heading":"Continued application of former s 95 to notices published before commencement","content":"### sec.155 Continued application of former s 95 to notices published before commencement\n\nThis section applies in relation to a notice published under former section 95(1)(b) if—\nthe notice was published before the commencement; and\nthe end of the final submission day, within the meaning of former section 95(2)(c), is after the commencement.\nFormer section 95 continues to apply in relation to the notice as if the Water Legislation Amendment Act 2023 had not been enacted.\ns 155 ins 2023 No. 24 s 9\n(sec.155-ssec.1) This section applies in relation to a notice published under former section 95(1)(b) if— the notice was published before the commencement; and the end of the final submission day, within the meaning of former section 95(2)(c), is after the commencement.\n(sec.155-ssec.2) Former section 95 continues to apply in relation to the notice as if the Water Legislation Amendment Act 2023 had not been enacted.\n- (a) the notice was published before the commencement; and\n- (b) the end of the final submission day, within the meaning of former section 95(2)(c), is after the commencement.","sortOrder":769},{"sectionNumber":"sec.156","sectionType":"section","heading":"Continued application of former s 99BB to notices published before commencement","content":"### sec.156 Continued application of former s 99BB to notices published before commencement\n\nThis section applies in relation to a notice published under former section 99BB(1)(c) if—\nthe notice was published before the commencement; and\nthe end of the final submission day, within the meaning of former section 99BB(2)(c), is after the commencement.\nFormer section 99BB continues to apply in relation to the notice as if the Water Legislation Amendment Act 2023 had not been enacted.\ns 156 ins 2023 No. 24 s 9\n(sec.156-ssec.1) This section applies in relation to a notice published under former section 99BB(1)(c) if— the notice was published before the commencement; and the end of the final submission day, within the meaning of former section 99BB(2)(c), is after the commencement.\n(sec.156-ssec.2) Former section 99BB continues to apply in relation to the notice as if the Water Legislation Amendment Act 2023 had not been enacted.\n- (a) the notice was published before the commencement; and\n- (b) the end of the final submission day, within the meaning of former section 99BB(2)(c), is after the commencement.","sortOrder":770},{"sectionNumber":"ch.6-pt.15","sectionType":"part","heading":"Validation provisions for Revenue Legislation Amendment Act 2025","content":"# Validation provisions for Revenue Legislation Amendment Act 2025","sortOrder":771},{"sectionNumber":"sec.157","sectionType":"section","heading":"Validation of particular infrastructure charges schedules etc.","content":"### sec.157 Validation of particular infrastructure charges schedules etc.\n\nThis section applies if, before the commencement—\nan infrastructure charges schedule was purportedly adopted under this Act by an SEQ service provider that is a distributor-retailer; and\na requirement of section 99BRCE, 99BRCF or 99BRCG was not complied with in relation to—\nthe adoption of the schedule by the distributor-retailer’s board; or\na board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision.\nIt is declared that—\nthe infrastructure charges schedule is taken to be, and always to have been, as valid as it would have been if the schedule had been adopted by the distributor-retailer’s board in compliance with section 99BRCE; and\nthe board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the decision had been made in compliance with section 99BRCF; and\nif the board decision for a relevant adopted charge did not state the day when the charge was to take effect—the board decision is taken to have stated the charge was to take effect on the day the decision was made; and\nan automatic increase provision of the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the provision had stated how increases under it are to be worked out; and\nsection 99BRCG(4) does not apply, and is taken never to have applied, in relation to an automatic increase provision for a relevant adopted charge.\nAlso, it is declared that anything done, or to be done, by an entity in relation to the infrastructure charges schedule, relevant adopted charge or automatic increase provision for a relevant adopted charge is, and always has been, as valid as it would be or would have been if—\nthe schedule had been adopted in compliance with section 99BRCE; and\nthe board decision for the relevant charge had been made in compliance with section 99BRCF; and\nfor a relevant adopted charge mentioned in subsection (2)(c)—the board decision had stated the charge was to take effect on the day the decision was made; and\nsection 99BRCG(4) did not apply, and had never applied, in relation to an automatic increase provision for a relevant adopted charge.\nthe levying of an adopted charge included in the schedule, including the giving of an infrastructure charges notice, by the distributor-retailer under section 99BRCI\nthe adoption of a water netserv plan, or an amendment of a water netserv plan, under chapter 4B that includes the schedule as a charges schedule\nthe levying of an automatic increase in levied charges in reliance on the automatic increase provision\nIn this section—\nadopted charge see section 99BRCF(1).\nautomatic increase provision see section 99BRCG(3)(b).\nboard decision , for an adopted charge, see section 99BRCF(1).\ndone includes purportedly done.\ninfrastructure charges schedule see section 99BRCD.\ns 157 ins 2025 No. 1 s 30\n(sec.157-ssec.1) This section applies if, before the commencement— an infrastructure charges schedule was purportedly adopted under this Act by an SEQ service provider that is a distributor-retailer; and a requirement of section 99BRCE, 99BRCF or 99BRCG was not complied with in relation to— the adoption of the schedule by the distributor-retailer’s board; or a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision.\n(sec.157-ssec.2) It is declared that— the infrastructure charges schedule is taken to be, and always to have been, as valid as it would have been if the schedule had been adopted by the distributor-retailer’s board in compliance with section 99BRCE; and the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the decision had been made in compliance with section 99BRCF; and if the board decision for a relevant adopted charge did not state the day when the charge was to take effect—the board decision is taken to have stated the charge was to take effect on the day the decision was made; and an automatic increase provision of the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the provision had stated how increases under it are to be worked out; and section 99BRCG(4) does not apply, and is taken never to have applied, in relation to an automatic increase provision for a relevant adopted charge.\n(sec.157-ssec.3) Also, it is declared that anything done, or to be done, by an entity in relation to the infrastructure charges schedule, relevant adopted charge or automatic increase provision for a relevant adopted charge is, and always has been, as valid as it would be or would have been if— the schedule had been adopted in compliance with section 99BRCE; and the board decision for the relevant charge had been made in compliance with section 99BRCF; and for a relevant adopted charge mentioned in subsection (2)(c)—the board decision had stated the charge was to take effect on the day the decision was made; and section 99BRCG(4) did not apply, and had never applied, in relation to an automatic increase provision for a relevant adopted charge. the levying of an adopted charge included in the schedule, including the giving of an infrastructure charges notice, by the distributor-retailer under section 99BRCI the adoption of a water netserv plan, or an amendment of a water netserv plan, under chapter 4B that includes the schedule as a charges schedule the levying of an automatic increase in levied charges in reliance on the automatic increase provision\n(sec.157-ssec.4) In this section— adopted charge see section 99BRCF(1). automatic increase provision see section 99BRCG(3)(b). board decision , for an adopted charge, see section 99BRCF(1). done includes purportedly done. infrastructure charges schedule see section 99BRCD.\n- (a) an infrastructure charges schedule was purportedly adopted under this Act by an SEQ service provider that is a distributor-retailer; and\n- (b) a requirement of section 99BRCE, 99BRCF or 99BRCG was not complied with in relation to— (i) the adoption of the schedule by the distributor-retailer’s board; or (ii) a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision.\n- (i) the adoption of the schedule by the distributor-retailer’s board; or\n- (ii) a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision.\n- (i) the adoption of the schedule by the distributor-retailer’s board; or\n- (ii) a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision.\n- (a) the infrastructure charges schedule is taken to be, and always to have been, as valid as it would have been if the schedule had been adopted by the distributor-retailer’s board in compliance with section 99BRCE; and\n- (b) the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the decision had been made in compliance with section 99BRCF; and\n- (c) if the board decision for a relevant adopted charge did not state the day when the charge was to take effect—the board decision is taken to have stated the charge was to take effect on the day the decision was made; and\n- (d) an automatic increase provision of the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the provision had stated how increases under it are to be worked out; and\n- (e) section 99BRCG(4) does not apply, and is taken never to have applied, in relation to an automatic increase provision for a relevant adopted charge.\n- (a) the schedule had been adopted in compliance with section 99BRCE; and\n- (b) the board decision for the relevant charge had been made in compliance with section 99BRCF; and\n- (c) for a relevant adopted charge mentioned in subsection (2)(c)—the board decision had stated the charge was to take effect on the day the decision was made; and\n- (d) section 99BRCG(4) did not apply, and had never applied, in relation to an automatic increase provision for a relevant adopted charge.\n- • the levying of an adopted charge included in the schedule, including the giving of an infrastructure charges notice, by the distributor-retailer under section 99BRCI\n- • the adoption of a water netserv plan, or an amendment of a water netserv plan, under chapter 4B that includes the schedule as a charges schedule\n- • the levying of an automatic increase in levied charges in reliance on the automatic increase provision","sortOrder":772},{"sectionNumber":"sec.158","sectionType":"section","heading":"Validation of particular infrastructure charges notices and agreements","content":"### sec.158 Validation of particular infrastructure charges notices and agreements\n\nThis section applies if—\neither—\nan infrastructure charges notice is purportedly given by a distributor-retailer under section 99BRCI; or\nan agreement with the recipient of an infrastructure charges notice is purportedly entered into under section 99BRCM; and\nthe notice or agreement relates to a levied charge that is a relevant adopted charge under section 157(1)(b)(ii).\nIt is declared that—\nsections 99BRCK(1)(e) and 99BRCM(2) do not apply, and are taken never to have applied, in relation to the notice or agreement; and\nanything done, or to be done, by an entity in relation to the notice or agreement is, and always has been, as valid as it would be or would have been if section 99BRCK(1)(e) or 99BRCM(2) did not apply, and had never applied, in relation to the notice or agreement.\nIn this section—\ndone includes purportedly done.\nlevied charge see section 99BRCI(6).\ns 158 ins 2025 No. 1 s 30\n(sec.158-ssec.1) This section applies if— either— an infrastructure charges notice is purportedly given by a distributor-retailer under section 99BRCI; or an agreement with the recipient of an infrastructure charges notice is purportedly entered into under section 99BRCM; and the notice or agreement relates to a levied charge that is a relevant adopted charge under section 157(1)(b)(ii).\n(sec.158-ssec.2) It is declared that— sections 99BRCK(1)(e) and 99BRCM(2) do not apply, and are taken never to have applied, in relation to the notice or agreement; and anything done, or to be done, by an entity in relation to the notice or agreement is, and always has been, as valid as it would be or would have been if section 99BRCK(1)(e) or 99BRCM(2) did not apply, and had never applied, in relation to the notice or agreement.\n(sec.158-ssec.3) In this section— done includes purportedly done. levied charge see section 99BRCI(6).\n- (a) either— (i) an infrastructure charges notice is purportedly given by a distributor-retailer under section 99BRCI; or (ii) an agreement with the recipient of an infrastructure charges notice is purportedly entered into under section 99BRCM; and\n- (i) an infrastructure charges notice is purportedly given by a distributor-retailer under section 99BRCI; or\n- (ii) an agreement with the recipient of an infrastructure charges notice is purportedly entered into under section 99BRCM; and\n- (b) the notice or agreement relates to a levied charge that is a relevant adopted charge under section 157(1)(b)(ii).\n- (i) an infrastructure charges notice is purportedly given by a distributor-retailer under section 99BRCI; or\n- (ii) an agreement with the recipient of an infrastructure charges notice is purportedly entered into under section 99BRCM; and\n- (a) sections 99BRCK(1)(e) and 99BRCM(2) do not apply, and are taken never to have applied, in relation to the notice or agreement; and\n- (b) anything done, or to be done, by an entity in relation to the notice or agreement is, and always has been, as valid as it would be or would have been if section 99BRCK(1)(e) or 99BRCM(2) did not apply, and had never applied, in relation to the notice or agreement.","sortOrder":773},{"sectionNumber":"ch.6-pt.16","sectionType":"part","heading":"Validation provisions for Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025","content":"# Validation provisions for Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025","sortOrder":774},{"sectionNumber":"sec.159","sectionType":"section","heading":"Definitions for part","content":"### sec.159 Definitions for part\n\nIn this part—\ngiven includes purportedly given.\nnew , in relation to a provision of this Act, means the provision as in force from the commencement.\ns 159 ins 2025 No. 14 s 85O","sortOrder":775},{"sectionNumber":"sec.160","sectionType":"section","heading":"Infrastructure charges notices— s 99BRCJ as in force from 5 December 2014","content":"### sec.160 Infrastructure charges notices— s 99BRCJ as in force from 5 December 2014\n\nThis section applies in relation to an infrastructure charges notice given for a water approval before the commencement if—\nsection 99BRCJ as in force from 5 December 2014 until the commencement of this section (the relevant provision ) applied in relation to the levied charge under the notice; and\nthe levied charge did not comply with the relevant provision when the notice was given.\nIt is declared that the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ been in force when the notice was given.\nAnything done, or omitted to be done, in relation to the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ been in force when the notice was given.\nHowever, if the infrastructure charges notice has, before the commencement, been found by a court or tribunal to be invalid or has been set aside by a court or tribunal—\nthe decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but\nnew section 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval.\nFor subsections (2) to (4) , new section 99BRCJ applies as if—\na reference in the section to the Planning Act includes a reference to the repealed SPA; and\na reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA .\ns 160 ins 2025 No. 14 s 85O\n(sec.160-ssec.1) This section applies in relation to an infrastructure charges notice given for a water approval before the commencement if— section 99BRCJ as in force from 5 December 2014 until the commencement of this section (the relevant provision ) applied in relation to the levied charge under the notice; and the levied charge did not comply with the relevant provision when the notice was given.\n(sec.160-ssec.2) It is declared that the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ been in force when the notice was given.\n(sec.160-ssec.3) Anything done, or omitted to be done, in relation to the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ been in force when the notice was given.\n(sec.160-ssec.4) However, if the infrastructure charges notice has, before the commencement, been found by a court or tribunal to be invalid or has been set aside by a court or tribunal— the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but new section 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval.\n(sec.160-ssec.5) For subsections (2) to (4) , new section 99BRCJ applies as if— a reference in the section to the Planning Act includes a reference to the repealed SPA; and a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA .\n- (a) section 99BRCJ as in force from 5 December 2014 until the commencement of this section (the relevant provision ) applied in relation to the levied charge under the notice; and\n- (b) the levied charge did not comply with the relevant provision when the notice was given.\n- (a) the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but\n- (b) new section 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval.\n- (a) a reference in the section to the Planning Act includes a reference to the repealed SPA; and\n- (b) a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA .","sortOrder":776},{"sectionNumber":"sec.161","sectionType":"section","heading":"Infrastructure charges notices— s 99BRCJ as in force before 5 December 2014","content":"### sec.161 Infrastructure charges notices— s 99BRCJ as in force before 5 December 2014\n\nThis section applies in relation to an infrastructure charges notice given for a water approval before the commencement if—\nsection 99BRCJ as in force before 5 December 2014 (the relevant provision ) applied in relation to the levied charge under the notice; and\nthe levied charge did not comply with the relevant provision when the notice was given.\nIt is declared that the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ , other than new section 99BRCJ (3) (b) (ii) , been in force when the notice was given.\nAnything done, or omitted to be done, in relation to the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ , other than new section 99BRCJ (3) (b) (ii) , been in force when the notice was given.\nHowever, if the infrastructure charges notice has, before the commencement, been found by a court or tribunal to be invalid or has been set aside by a court or tribunal—\nthe decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but\nnew section 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval.\nFor subsections (2) to (4) , new section 99BRCJ applies as if—\na reference in the section to the Planning Act includes a reference to the repealed SPA; and\na reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA .\ns 161 ins 2025 No. 14 s 85O\n(sec.161-ssec.1) This section applies in relation to an infrastructure charges notice given for a water approval before the commencement if— section 99BRCJ as in force before 5 December 2014 (the relevant provision ) applied in relation to the levied charge under the notice; and the levied charge did not comply with the relevant provision when the notice was given.\n(sec.161-ssec.2) It is declared that the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ , other than new section 99BRCJ (3) (b) (ii) , been in force when the notice was given.\n(sec.161-ssec.3) Anything done, or omitted to be done, in relation to the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ , other than new section 99BRCJ (3) (b) (ii) , been in force when the notice was given.\n(sec.161-ssec.4) However, if the infrastructure charges notice has, before the commencement, been found by a court or tribunal to be invalid or has been set aside by a court or tribunal— the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but new section 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval.\n(sec.161-ssec.5) For subsections (2) to (4) , new section 99BRCJ applies as if— a reference in the section to the Planning Act includes a reference to the repealed SPA; and a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA .\n- (a) section 99BRCJ as in force before 5 December 2014 (the relevant provision ) applied in relation to the levied charge under the notice; and\n- (b) the levied charge did not comply with the relevant provision when the notice was given.\n- (a) the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but\n- (b) new section 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval.\n- (a) a reference in the section to the Planning Act includes a reference to the repealed SPA; and\n- (b) a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA .","sortOrder":777}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original scope was to create a unified regional water distribution and retail model for all of South-East Queensland through three distributor-retailers. However, subsequent amendments (particularly in 2012) significantly narrowed the scope for the Southern SEQ area: Gold Coast, Logan, and Redland city councils were removed from the Southern distributor-retailer (formerly known as Allconnex) and reinstated as direct service providers in their own areas from 1 July 2012. The Act evolved to include a whole separate chapter dealing with the dissolution of Allconnex and replacement by those councils — a substantial reversal of the original intent for that region."},"complexity_factors":["Multiple interacting entities: three distributor-retailers, eleven local governments, State Minister, and various regulators all with distinct roles and obligations","Hybrid legal nature: entities that are statutory bodies but not body corporates, not constituted by their boards, and do not represent the State — an unusual legal structure requiring careful interpretation","Layered governance: participation agreements interact with and are sometimes overridden by the Act itself, creating a two-tier legal framework","Multiple Act cross-references: the legislation constantly references and modifies the operation of at least 15 other Acts (Statutory Bodies Financial Arrangements Act, Financial Accountability Act, Crime and Corruption Act, Right to Information Act, Water Supply Act, Planning Act, Land Act, Land Title Act, LGA 2009, CBA 2010, Information Privacy Act, Penalties and Sentences Act, Corporations Act, Acts Interpretation Act, Building Act)","Transitional complexity: multiple operative dates (assent, 1 July 2010, 1 July 2012) with different rights and obligations applying at each stage","Structural evolution mid-legislation: the Southern SEQ Authority (originally called Allconnex) was created then partially unwound, with Gold Coast, Logan and Redland councils taking back direct service delivery — requiring an entire separate chapter","Dual direction powers for councils (group directions and individual directions) with different procedural requirements, compensation mechanisms, and publication obligations","Detailed board composition rules balancing councillor-members and independent members with different term limits, disqualification rules, and remuneration restrictions","Commercially sensitive information carve-outs from standard transparency requirements","99-year expiry mechanism with complex asset and liability distribution rules upon expiry","Delegation chain spanning four levels: board → CEO → employees → participating local governments → subdelegation"],"plain_english_summary":"## What This Law Does\n\nThis Queensland law restructures how water and wastewater (sewage) services are delivered to homes and businesses across South-East Queensland (SEQ).\n\n## Who It Affects\n\n**Households and businesses** receiving water or wastewater services across South-East Queensland — essentially anyone who gets a water bill or is connected to sewerage in the greater Brisbane, Gold Coast, Sunshine Coast, Ipswich, Logan, Redland, Moreton Bay, Lockyer Valley, Scenic Rim, Somerset, or Noosa areas.\n\n**Local councils** in those areas, which previously ran water and sewerage services directly. This law transfers those responsibilities away from councils to new joint entities.\n\n**Three new water authorities** (called 'distributor-retailers') created by this law:\n- **Northern SEQ Distributor-Retailer Authority** — serving Sunshine Coast, Noosa, and Moreton Bay areas\n- **Central SEQ Distributor-Retailer Authority** — serving Brisbane, Ipswich, Scenic Rim, Lockyer Valley, and Somerset areas\n- **Southern SEQ Distributor-Retailer Authority** — serving Gold Coast, Logan, and Redland areas\n\n## What Changed for Customers\n\nFrom **1 July 2010**, customers who previously dealt with their local council for water and wastewater services automatically became customers of the relevant distributor-retailer instead. Nothing needed to be done — it happened automatically.\n\nFrom **1 July 2012**, Gold Coast, Logan, and Redland city councils were given back direct responsibility for delivering services in their areas (the Southern authority wound back).\n\n## What These New Authorities Do\n\nEach distributor-retailer:\n- Buys water in bulk and distributes it to customers through pipes\n- Provides water and sewerage (wastewater) services\n- Bills customers for those services\n- Handles customer complaints and service requests\n- Manages water and sewerage infrastructure\n- Has planning and development assessment roles\n\n## Governance and Accountability\n\nEach authority is governed by a **board** made up of:\n- **Councillor-members** — elected councillors from the participating local councils (limited to 4-year terms)\n- **Independent members** (who must outnumber councillor-members) — outside experts who bring independent judgment\n\nThe chairperson must always be an independent member.\n\nLocal councils retain some oversight — they can give written directions to the authority if they believe it's in the public interest, but only following a formal process.\n\n## Financial Structure\n\n- Local councils share in the profits of the distributor-retailer (proportional to their participation rights set out in a formal agreement)\n- The authorities are subject to Queensland's financial accountability laws for government bodies\n- They must pay tax equivalents (similar to taxes paid by private companies) which flow back to participating councils\n- These authorities are subject to the Crime and Corruption Commission, Right to Information laws, and privacy laws — just like government agencies\n\n## Key Agreements\n\nEach distributor-retailer must have a **participation agreement** with its member councils, covering:\n- How profits are shared\n- Internal management rules\n- Planning and reporting requirements\n- How the agreement can be changed\n\nThese agreements must be published online so the public can see them.\n\n## Duration\n\nUnless changed earlier, each authority technically expires after **99 years**, at which point assets and liabilities return to the participating councils."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.9 and sec.12","severity":"high","reasoning":"Section 9(a) explicitly states a distributor-retailer 'is not a body corporate', yet section 12(1) grants it 'all the powers of an individual' and section 12(5) allows it to 'sue and be sued'. The capacity to sue and be sued, hold property, and employ staff are the hallmark attributes of corporate personality. The entity is functionally a corporation but legally declared not to be one, creating a jurisprudential paradox about its legal status and accountability.","confidence":0.92,"description":"A distributor-retailer is declared 'not a body corporate' yet is granted 'all the powers of an individual' including the power to sue and be sued, employ staff, acquire property, and enter contracts. These are precisely the powers that define a body corporate. The entity is a non-body-corporate that acts exactly like a body corporate."},{"type":"self_contradicting","section":"sec.12(3) and sec.12(4)","severity":"high","reasoning":"The structure is: (3) your powers are limited, (4) but breaching those limits doesn't matter. If a contravening exercise of power is not invalidated and otherwise unaffected, the 'limitation' is a legal nullity. This is internally self-defeating: the Act imposes constraints and simultaneously declares that breaching them is consequence-free at the transaction level, undermining the entire regulatory architecture.","confidence":0.88,"description":"Section 12(3) makes a distributor-retailer's powers 'subject to any limitations' under particular Acts, but section 12(4) immediately provides that exercising a power 'in contravention of a limitation or restriction under an Act does not invalidate or otherwise affect the exercise of the power.' This renders the limitations meaningless — they bind but have no legal consequence."},{"type":"impossible_compliance","section":"sec.10","severity":"medium","reasoning":"A 99-year sunset is exceptionally unusual for a public utility authority. More importantly, the expiry mechanism relies on concepts (participation rights, participation agreements, participants) that may themselves be legally obsolete or have been amended out of existence by the time expiry occurs. The Act provides no mechanism for what happens if a participating local government ceases to exist or is amalgamated before expiry.","confidence":0.72,"description":"The 99-year expiry mechanism for a distributor-retailer that 'is not a body corporate' and 'is not constituted by its board or participants' creates an absurdity: at expiry, assets and liabilities transfer to 'participants' in proportion to 'participation rights under the participation agreement', but participants are local governments whose own existence, composition, and statutory roles may have changed entirely over 99 years. The mechanism assumes static institutional structures over a near-century timeframe."},{"type":"circular_definition","section":"sec.26","severity":"medium","reasoning":"Contract law requires consensus ad idem — voluntary agreement. Deeming third parties (board members) to be contractually bound by an agreement they did not sign, in circumstances where the entity itself lacks corporate status, creates a legal fiction that may be unenforceable and raises serious questions about personal liability of board members who are being retroactively made parties.","confidence":0.78,"description":"The participation agreement is deemed to have 'effect as a contract' binding 'each member of the board', yet board members are not parties to the agreement and under section 9, the distributor-retailer is not a body corporate. Non-parties are deemed to have 'agreed to observe and perform' a contract they never executed and may not have seen."},{"type":"other","section":"sec.34(1)","severity":"low","reasoning":"The term limit aggregates partial terms served as a replacement with new terms, meaning that councillors who generously fill vacancies are disadvantaged compared to those who never served. The Act's own worked example demonstrates this outcome without identifying it as a problem, suggesting the drafters accepted this inequity as intentional — but it is difficult to see the policy rationale.","confidence":0.65,"description":"The councillor-member term limit provision produces an absurd result: a replacement councillor-member (B) who serves only 1 year filling a vacancy can only serve 3 more years on reappointment, while a fresh councillor-member with no prior service could serve 4 years. The example in the section itself illustrates this inequality — B is penalised for filling a vacancy."},{"type":"other","section":"sec.40(1)","severity":"medium","reasoning":"No minimum total number of members is specified for quorum — only that 1 must be independent. Depending on how absences and conflicts of interest operate (see s.42(6)), it is theoretically possible for a single independent member to constitute a valid quorum and pass resolutions. This is inconsistent with the governance intent of requiring a minimum 5-member board.","confidence":0.7,"description":"The quorum requirement is that it 'must consist of at least 1 independent member', but section 33 requires the board to have at least 5 members with independent members outnumbering councillor-members. A quorum of 1 independent member (potentially sitting alone) could theoretically constitute a valid quorum, allowing one person to make binding decisions for a public utility authority."},{"type":"other","section":"sec.53AF(1)","severity":"medium","reasoning":"All comparable provisions use '1 July 2010' as the operative date (see ss.53AA, 53AB, 53AD). The omission of '1' before 'July 2010' in s.53AF(1) means the commencement of the transfer of trade waste approvals is legally uncertain — it could be any day in July 2010. This is likely a drafting error but creates real legal ambiguity about the validity of enforcement actions taken on trade waste approvals in July 2010 before the actual transfer date.","confidence":0.85,"description":"Section 53AF(1) refers to 'On and from July 2010' — the month is specified but no date within July 2010 is given, unlike every other date-specific provision in the Act which specifies '1 July 2010'. This creates genuine ambiguity about when trade waste approvals transferred."},{"type":"self_contradicting","section":"sec.15(3) and sec.15(4)","severity":"medium","reasoning":"The Act deliberately restructures accountability away from Ministerial oversight to participating local governments, yet preserves a Ministerial reporting obligation specifically for the most publicly significant accountability mechanism (tabling in the Legislative Assembly). This creates an accountability gap: the Minister is not the responsible overseer but must still table reports, without any mechanism for the Minister to actually obtain the relevant information from the distributor-retailer.","confidence":0.73,"description":"Section 15(3) deems references to a 'statutory body reporting to a Minister' to mean reporting to participating local governments instead. Section 15(4) then carves out an exception: subsection (3) 'does not apply if the reporting is for the purpose of tabling in the Legislative Assembly'. This means that for tabling purposes, the distributor-retailer must still report 'to a Minister' — but the Minister has no ongoing relationship with or accountability for the distributor-retailer under this Act."},{"type":"other","section":"sec.19","severity":"high","reasoning":"The fundamental constitutional purpose of tabling annual reports in Parliament is to ensure accountability of public bodies to the legislature. Allowing a Minister to unilaterally redact reports before tabling, without any requirement to disclose that redaction has occurred or to seek Parliamentary approval, inverts this accountability mechanism. A parliamentary committee cannot scrutinise what it does not know has been removed.","confidence":0.82,"description":"The Minister is empowered to delete 'commercially sensitive' matters from annual reports tabled in the Legislative Assembly. This directly undermines the Parliamentary accountability function of tabling — the Legislative Assembly receives a censored version of public authority accounts. There is no requirement to notify Parliament that deletions have been made, nor any independent oversight of what constitutes 'commercially sensitive'."},{"type":"self_contradicting","section":"sec.4(2)(b) and sec.4(2)(e)","severity":"medium","reasoning":"Chapter 3A (referenced in s.8 notes) deals with the dissolution of Allconnex and replacement by councils, which resolves the overlap operationally. However, the face of section 4 presents a structural contradiction: the distributor-retailer is established as a perpetual service provider (s.4(2)(e)) while the same section provides for councils to directly deliver services in the same area (s.4(2)(b)). The resolution is buried in later chapters rather than addressed in the purposes provision.","confidence":0.67,"description":"Section 4(2)(e) provides for 'all distributor-retailers to become service providers on and from 1 July 2010', while section 4(2)(b) provides for Gold Coast, Logan and Redland Councils to deliver services 'from 1 July 2012'. These councils are the participating local governments of the Southern SEQ Distributor-Retailer Authority. If the councils take over from 1 July 2012, and the distributor-retailer became a service provider on 1 July 2010, the Act simultaneously contemplates the distributor-retailer as service provider and the councils as service providers for the same geographic area from 1 July 2012."}],"contradictions":[{"severity":"high","section_a":"sec.9(a)","section_b":"sec.14(1)","confidence":0.8,"description":"Section 9(a) declares a distributor-retailer 'is not a body corporate', yet section 14(1) deems it a 'statutory body' under the Statutory Bodies Financial Arrangements Act 1982. The SBFA's definition of statutory body typically encompasses bodies established by statute with legal personality. Treating an entity as a statutory body while denying it is a body corporate creates a fundamental classification contradiction."},{"severity":"high","section_a":"sec.9(a)","section_b":"sec.18A","confidence":0.92,"description":"Section 9(a) says a distributor-retailer is not a body corporate, but section 18A deems it 'a corporation' for the Penalties and Sentences Act 1992. The same entity is simultaneously declared not a body corporate and deemed to be a corporation."},{"severity":"medium","section_a":"sec.9(b)","section_b":"sec.32(1)","confidence":0.72,"description":"Section 9(b) states a distributor-retailer 'is not constituted by its board', yet section 32(1) makes the board 'responsible for the way the distributor-retailer performs its functions and exercises its powers'. If the board is not constitutive of the entity, it is unclear in what legal capacity the board acts when it makes decisions — it is neither the entity nor its agent in any conventional sense."},{"severity":"medium","section_a":"sec.27","section_b":"sec.26","confidence":0.75,"description":"Section 26 gives the participation agreement effect as a contract between parties including board members. Section 27 provides that if the agreement is inconsistent with the Act, the Act prevails. Since the Act can unilaterally override the contract's terms, board members are bound to a 'contract' whose terms can be displaced without their consent by legislative amendment, undermining the contractual foundation established by s.26."},{"severity":"medium","section_a":"sec.33(1)(b)","section_b":"sec.40(1)","confidence":0.78,"description":"Section 33(1)(b) requires independent members to always outnumber councillor-members. Section 40(1) requires only 1 independent member for a quorum. A board meeting with a valid quorum of, say, 1 independent member and 3 councillor-members present would have councillor-members outnumbering independent members — contradicting the structural balance requirement of s.33."},{"severity":"medium","section_a":"sec.43","section_b":"sec.20(1)(a) and sec.20(1)(b)","confidence":0.68,"description":"Section 43 prohibits profit distribution unless approved in the way provided under the participation agreement. Section 20(1)(a)-(b) requires the participation agreement to provide for the right to participate in profits and the way distributions are approved. However, section 24 allows participation agreements to take effect only from Ministerial approval, and section 23 allows the Minister to make an agreement if parties fail to. This creates a period where no valid participation agreement may exist, making section 43 impossible to comply with — there is no approved mechanism to follow."},{"severity":"low","section_a":"sec.51(2)","section_b":"sec.49(2)(b)(i)","confidence":0.6,"description":"Section 49(2)(b)(i) requires the local governments to be 'satisfied the direction is necessary and in the public interest' before giving a group direction. Section 51(2) requires the board to comply 'unless it is unlawful to do so, or complying... would constitute an offence'. There is no mechanism for the board to challenge the factual basis of the satisfaction finding — the board must comply with a direction it may believe is not in the public interest, without any review right on the merits."},{"severity":"low","section_a":"sec.25(2)","section_b":"sec.30(3)","confidence":0.7,"description":"Both sections use identical language to declare that failure to table a participation agreement or amended agreement in the Legislative Assembly 'does not stop the agreement taking effect'. While internally consistent, both provisions together establish a pattern where Parliamentary scrutiny (tabling) is rendered entirely optional with no legal consequence for non-compliance, contradicting the evident accountability purpose of requiring tabling at all."},{"severity":"low","section_a":"sec.11(1)(c) and sec.11(3)","section_b":"sec.13","confidence":0.58,"description":"Section 11(1) defines a distributor-retailer's primary functions as providing services 'for its geographic area', and section 11(3) allows it to 'perform business or other functions it considers appropriate'. Section 13 then permits performing functions 'inside or outside Queensland'. A distributor-retailer could therefore perform business functions outside its geographic area and outside Queensland, which is potentially inconsistent with its purpose as a geographically bounded water service authority under s.3."}]},"kimi_summary":{"_metrics":{"completionTokens":721},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation significantly expanded beyond its original 2009 scope. Originally intended to establish three permanent distributor-retailers, it was substantially amended in 2012 to provide for the dissolution of Allconnex (the Southern SEQ Distributor-Retailer) and return of functions to three 'withdrawn councils'. This added an entire Chapter 3A with complex retransfer provisions, arbitration mechanisms for cost disputes, and transitional arrangements that effectively created a two-tier system — some areas with distributor-retailers, others with council-run services. The scope grew from structural reform to include complex unwinding provisions and ongoing hybrid arrangements."},"complexity_factors":["Multiple overlapping entity types: distributor-retailers, withdrawn councils, corporate entities, and their various legal statuses","Extensive cross-referencing to other Acts (Water Supply Act, Water Act, LGA 2009, CBA 2010, Planning Act, etc.)","Complex transition machinery with transfer schemes, retransfer schemes, and ministerial powers that override normal legal processes","Nested conditional provisions with multiple effective dates (1 July 2010, 1 July 2012, 30 June 2012 dissolution)","Detailed governance rules including board composition formulas, participation agreements, and voting rights","Chapter 3A alone contains 50+ sections dealing with the Allconnex dissolution, including arbitration provisions and cost-sharing mechanisms","Multiple defined terms with specific statutory meanings that differ from ordinary usage","Provisions that apply 'despite any other law' creating priority conflicts","Complex customer protection framework with separate codes, standards, and enforcement mechanisms"],"plain_english_summary":"This legislation restructures how water and wastewater services are delivered in South-East Queensland (SEQ). It creates three new entities called **distributor-retailers** — the Northern, Central, and Southern SEQ Distributor-Retailer Authorities — to take over water distribution and retail functions from local councils.\n\n**What it does:**\n- **Establishes distributor-retailers** as special authorities that buy water in bulk, distribute it to customers, and manage wastewater services\n- **Transfers infrastructure and staff** from participating local governments (councils) to these new entities through \"transfer schemes\"\n- **Sets up governance** with boards comprising councillor-members (from participating councils) and independent members, plus a CEO\n- **Creates a customer protection framework** including a mandatory customer water and wastewater code, service standards, and dispute resolution\n- **Provides for a major reversal** (Chapter 3A): the Southern SEQ Distributor-Retailer (\"Allconnex\") was dissolved in 2012, with its functions returned to Gold Coast, Logan, and Redland City Councils\n\n**Who it affects:**\n- Residents and businesses in SEQ who receive water/wastewater services\n- The 13 participating local governments (from Brisbane to the Sunshine Coast and Gold Coast)\n- The three distributor-retailer entities and their employees\n\n**Why it matters:**\nThe Act aimed to create economies of scale and more efficient water service delivery across council boundaries. However, the Allconnex reversal shows the political and practical challenges — the Gold Coast, Logan and Redland councils ultimately withdrew, with the State requiring Gold Coast City Council to compensate the other councils for withdrawal costs. The legislation now provides a complex framework where some areas have distributor-retailers while others (the \"withdrawn councils\") returned to direct council provision."}},"importantCases":[],"_links":{"self":"/api/acts/south-east-queensland-water-distribution-and-retail-restructuring-act-2009","history":"/api/acts/south-east-queensland-water-distribution-and-retail-restructuring-act-2009/history","analysis":"/api/acts/south-east-queensland-water-distribution-and-retail-restructuring-act-2009/analysis","conflicts":"/api/acts/south-east-queensland-water-distribution-and-retail-restructuring-act-2009/conflicts","importantCases":"/api/acts/south-east-queensland-water-distribution-and-retail-restructuring-act-2009/important-cases","documents":"/api/acts/south-east-queensland-water-distribution-and-retail-restructuring-act-2009/documents"}}