{"id":"qld:act-2008-034","name":"Water Supply (Safety and Reliability) Act 2008","slug":"water-supply-safety-and-reliability-act-2008","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"34 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30133,"registerId":"qld-act-2008-034-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of ch 2 to local governments","content":"### sec.6 Application of ch 2 to local governments\n\nNothing in this chapter affects the powers of a local government or an authorised person under the Local Government Act.","sortOrder":1},{"sectionNumber":"sec.7","sectionType":"section","heading":"Sections 7 –9 not used","content":"### sec.7 Sections 7 –9 not used\n\nSee editor’s note for section 1 .","sortOrder":2},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"The regulator","content":"# The regulator","sortOrder":3},{"sectionNumber":"sec.10","sectionType":"section","heading":"Who is the regulator","content":"### sec.10 Who is the regulator\n\nThe regulator is the chief executive.","sortOrder":4},{"sectionNumber":"sec.11","sectionType":"section","heading":"Regulator’s general functions","content":"### sec.11 Regulator’s general functions\n\nThe regulator’s general functions are—\nto keep a register of service providers registered under this Act; and\nto review and make recommendations about standards and practices under this Act; and\nto monitor compliance with this Act; and\nto perform other functions given to the regulator under this Act or another Act.\nIn performing the regulator’s functions, the regulator must consider the purposes of this Act.\nIn this section—\nfunction includes power.\n(sec.11-ssec.1) The regulator’s general functions are— to keep a register of service providers registered under this Act; and to review and make recommendations about standards and practices under this Act; and to monitor compliance with this Act; and to perform other functions given to the regulator under this Act or another Act.\n(sec.11-ssec.2) In performing the regulator’s functions, the regulator must consider the purposes of this Act.\n(sec.11-ssec.3) In this section— function includes power.\n- (a) to keep a register of service providers registered under this Act; and\n- (b) to review and make recommendations about standards and practices under this Act; and\n- (c) to monitor compliance with this Act; and\n- (d) to perform other functions given to the regulator under this Act or another Act.","sortOrder":5},{"sectionNumber":"sec.12","sectionType":"section","heading":"Register of service providers","content":"### sec.12 Register of service providers\n\nThe regulator must keep a register of service providers.\nThe register may be kept in the form, including electronic form, the regulator considers appropriate.\nThe register must contain the following for each entity registered by the regulator as a service provider—\nthe service provider’s name and contact details;\nthe service provider’s nominated contact officer;\ndetails of the infrastructure operated by the service provider to supply the relevant water or sewerage service;\nif the service provider appoints another entity ( an operating agent ) to operate the infrastructure for the service provider—the operating agent’s name and contact details;\nthe nature of the services offered by the service provider;\nany other particulars the regulator considers necessary.\nThe regulator must publish on a Queensland Government website a list of the entities registered as service providers.\ns 12 amd 2013 No. 23 s 308 ; 2014 No. 16 s 50 ; 2023 No. 24 s 75 s ch 1 pt 1\n(sec.12-ssec.1) The regulator must keep a register of service providers.\n(sec.12-ssec.2) The register may be kept in the form, including electronic form, the regulator considers appropriate.\n(sec.12-ssec.3) The register must contain the following for each entity registered by the regulator as a service provider— the service provider’s name and contact details; the service provider’s nominated contact officer; details of the infrastructure operated by the service provider to supply the relevant water or sewerage service; if the service provider appoints another entity ( an operating agent ) to operate the infrastructure for the service provider—the operating agent’s name and contact details; the nature of the services offered by the service provider; any other particulars the regulator considers necessary.\n(sec.12-ssec.4) The regulator must publish on a Queensland Government website a list of the entities registered as service providers.\n- (a) the service provider’s name and contact details;\n- (b) the service provider’s nominated contact officer;\n- (c) details of the infrastructure operated by the service provider to supply the relevant water or sewerage service;\n- (d) if the service provider appoints another entity ( an operating agent ) to operate the infrastructure for the service provider—the operating agent’s name and contact details;\n- (e) the nature of the services offered by the service provider;\n- (f) any other particulars the regulator considers necessary.","sortOrder":6},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Register of registered recycled water schemes","content":"### sec.12A Register of registered recycled water schemes\n\nThe regulator must keep a register of registered recycled water schemes.\nThe register may be kept in the form, including electronic form, the regulator considers appropriate.\nThe register must contain the following information for each registered recycled water scheme—\nthe scheme’s name and contact details;\nthe name of—\nfor a single-entity recycled water scheme—the recycled water provider for the scheme; and\nfor a multiple-entity recycled water scheme—\nthe scheme manager; and\neach recycled water provider; and\nany other declared entities;\nthe location of the infrastructure for the production or supply of recycled water under the scheme;\nthe source water used for the production or supply of recycled water under the scheme;\nthe uses for the recycled water supplied under the scheme.\nThe register may also contain any other particulars the regulator considers necessary.\nThe regulator—\nmust publish on a Queensland Government website a list of registered recycled water schemes and the information mentioned in subsection (3) (b) for each scheme; and\nmay publish any other information mentioned in subsection (3) .\nIn this section—\nregistered recycled water scheme means a recycled water scheme registered under section 196AC .\ns 12A ins 2014 No. 16 s 51\namd 2023 No. 24 s 75 s ch 1 pt 1\n(sec.12A-ssec.1) The regulator must keep a register of registered recycled water schemes.\n(sec.12A-ssec.2) The register may be kept in the form, including electronic form, the regulator considers appropriate.\n(sec.12A-ssec.3) The register must contain the following information for each registered recycled water scheme— the scheme’s name and contact details; the name of— for a single-entity recycled water scheme—the recycled water provider for the scheme; and for a multiple-entity recycled water scheme— the scheme manager; and each recycled water provider; and any other declared entities; the location of the infrastructure for the production or supply of recycled water under the scheme; the source water used for the production or supply of recycled water under the scheme; the uses for the recycled water supplied under the scheme.\n(sec.12A-ssec.4) The register may also contain any other particulars the regulator considers necessary.\n(sec.12A-ssec.5) The regulator— must publish on a Queensland Government website a list of registered recycled water schemes and the information mentioned in subsection (3) (b) for each scheme; and may publish any other information mentioned in subsection (3) .\n(sec.12A-ssec.6) In this section— registered recycled water scheme means a recycled water scheme registered under section 196AC .\n- (a) the scheme’s name and contact details;\n- (b) the name of— (i) for a single-entity recycled water scheme—the recycled water provider for the scheme; and (ii) for a multiple-entity recycled water scheme— (A) the scheme manager; and (B) each recycled water provider; and (C) any other declared entities;\n- (i) for a single-entity recycled water scheme—the recycled water provider for the scheme; and\n- (ii) for a multiple-entity recycled water scheme— (A) the scheme manager; and (B) each recycled water provider; and (C) any other declared entities;\n- (A) the scheme manager; and\n- (B) each recycled water provider; and\n- (C) any other declared entities;\n- (c) the location of the infrastructure for the production or supply of recycled water under the scheme;\n- (d) the source water used for the production or supply of recycled water under the scheme;\n- (e) the uses for the recycled water supplied under the scheme.\n- (i) for a single-entity recycled water scheme—the recycled water provider for the scheme; and\n- (ii) for a multiple-entity recycled water scheme— (A) the scheme manager; and (B) each recycled water provider; and (C) any other declared entities;\n- (A) the scheme manager; and\n- (B) each recycled water provider; and\n- (C) any other declared entities;\n- (A) the scheme manager; and\n- (B) each recycled water provider; and\n- (C) any other declared entities;\n- (a) must publish on a Queensland Government website a list of registered recycled water schemes and the information mentioned in subsection (3) (b) for each scheme; and\n- (b) may publish any other information mentioned in subsection (3) .","sortOrder":7},{"sectionNumber":"sec.13","sectionType":"section","heading":"Requirement for responsible entity to give information","content":"### sec.13 Requirement for responsible entity to give information\n\nThe regulator may, by notice, require a responsible entity to give the regulator either or both of the following information within a stated reasonable period—\ninformation the regulator reasonably requires to perform the regulator’s functions;\ninformation about water security.\nA requirement under subsection (1) is not limited to information the responsible entity has before the requirement was made.\nWhen making the requirement, the regulator must warn the responsible entity it is an offence to fail to comply with the requirement unless the responsible entity has a reasonable excuse.\nThe responsible entity must comply with the requirement unless the responsible entity has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf the responsible entity is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the responsible entity.\nIn this section—\nresponsible entity means each of the following—\na recycled water provider or other declared entity for a recycled water scheme;\na service provider;\nthe scheme manager for a multiple-entity recycled water scheme;\nif a service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\ns 13 amd 2009 No. 46 s 134 ; 2012 No. 39 s 88 ; 2013 No. 23 s 309 ; 2014 No. 16 s 52\n(sec.13-ssec.1) The regulator may, by notice, require a responsible entity to give the regulator either or both of the following information within a stated reasonable period— information the regulator reasonably requires to perform the regulator’s functions; information about water security.\n(sec.13-ssec.2) A requirement under subsection (1) is not limited to information the responsible entity has before the requirement was made.\n(sec.13-ssec.3) When making the requirement, the regulator must warn the responsible entity it is an offence to fail to comply with the requirement unless the responsible entity has a reasonable excuse.\n(sec.13-ssec.4) The responsible entity must comply with the requirement unless the responsible entity has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.13-ssec.5) If the responsible entity is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the responsible entity.\n(sec.13-ssec.6) In this section— responsible entity means each of the following— a recycled water provider or other declared entity for a recycled water scheme; a service provider; the scheme manager for a multiple-entity recycled water scheme; if a service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\n- (a) information the regulator reasonably requires to perform the regulator’s functions;\n- (b) information about water security.\n- (a) a recycled water provider or other declared entity for a recycled water scheme;\n- (b) a service provider;\n- (c) the scheme manager for a multiple-entity recycled water scheme;\n- (d) if a service provider is the prescribed related entity of the relevant infrastructure owner—the owner.","sortOrder":8},{"sectionNumber":"sec.14","sectionType":"section","heading":"Reports and other publications by regulator","content":"### sec.14 Reports and other publications by regulator\n\nThe regulator may prepare reports under this part about the regulator’s activities.\nThe regulator may—\ninclude in a report any information the regulator obtains under this Act ( relevant information ); and\npublish relevant information by way of television, radio, the internet or another form of communication.\nHowever, subsection (2) does not apply to—\npersonal information under the Information Privacy Act 2009 , other than information identifying an individual as a service provider; or\ninformation that, under section 580 , the regulator must take all reasonable steps to ensure not to disclose.\ns 14 sub 2009 No. 46 s 135\namd 2023 No. 24 s 56\n(sec.14-ssec.1) The regulator may prepare reports under this part about the regulator’s activities.\n(sec.14-ssec.2) The regulator may— include in a report any information the regulator obtains under this Act ( relevant information ); and publish relevant information by way of television, radio, the internet or another form of communication.\n(sec.14-ssec.3) However, subsection (2) does not apply to— personal information under the Information Privacy Act 2009 , other than information identifying an individual as a service provider; or information that, under section 580 , the regulator must take all reasonable steps to ensure not to disclose.\n- (a) include in a report any information the regulator obtains under this Act ( relevant information ); and\n- (b) publish relevant information by way of television, radio, the internet or another form of communication.\n- (a) personal information under the Information Privacy Act 2009 , other than information identifying an individual as a service provider; or\n- (b) information that, under section 580 , the regulator must take all reasonable steps to ensure not to disclose.","sortOrder":9},{"sectionNumber":"sec.15","sectionType":"section","heading":"Delegation by regulator","content":"### sec.15 Delegation by regulator\n\nThe regulator may delegate the regulator’s functions under this Act to an appropriately qualified officer of the department.\nA regulation may state a particular function of the regulator—\nmay not be delegated; or\nmay be delegated only to a particular person.\nIn this section—\nfunction includes power.\n(sec.15-ssec.1) The regulator may delegate the regulator’s functions under this Act to an appropriately qualified officer of the department.\n(sec.15-ssec.2) A regulation may state a particular function of the regulator— may not be delegated; or may be delegated only to a particular person.\n(sec.15-ssec.3) In this section— function includes power.\n- (a) may not be delegated; or\n- (b) may be delegated only to a particular person.","sortOrder":10},{"sectionNumber":"sec.16","sectionType":"section","heading":"Sections 16 –19 not used","content":"### sec.16 Sections 16 –19 not used\n\nSee editor’s note for section 1 .","sortOrder":11},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Service providers","content":"# Service providers","sortOrder":12},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Registration of service providers","content":"## Registration of service providers","sortOrder":13},{"sectionNumber":"sec.20","sectionType":"section","heading":"Who must apply for registration as a service provider","content":"### sec.20 Who must apply for registration as a service provider\n\nThe following entities must, before starting to operate as the supplier of a water or sewerage service, apply for registration as a service provider—\na local government that owns infrastructure for supplying water or sewerage services;\na water authority that owns infrastructure for supplying water or sewerage services;\n1, but not both, of the following—\nan entity (the relevant infrastructure owner ) who is the owner of 1 or more elements of infrastructure (the relevant infrastructure ) for supplying a water or sewerage service for which a charge is intended to be made;\nan entity (the prescribed related entity ) that is prescribed under a regulation as a related entity of the relevant infrastructure owner.\nFor subsection (1) (c) (ii) , the prescribed related entity must be nominated by the relevant infrastructure owner to operate the relevant infrastructure to supply the service, whether before or after the relevant infrastructure owner becomes the owner of the relevant infrastructure.\nHowever, subsection (1) does not apply to a person who owns infrastructure that produces and supplies recycled water unless the person also owns other infrastructure for supplying a water or sewerage service.\ns 20 amd 2009 No. 46 s 136 ; 2010 No. 53 s 208 ; 2013 No. 23 s 310 ; 2014 No. 31 s 21\n(sec.20-ssec.1) The following entities must, before starting to operate as the supplier of a water or sewerage service, apply for registration as a service provider— a local government that owns infrastructure for supplying water or sewerage services; a water authority that owns infrastructure for supplying water or sewerage services; 1, but not both, of the following— an entity (the relevant infrastructure owner ) who is the owner of 1 or more elements of infrastructure (the relevant infrastructure ) for supplying a water or sewerage service for which a charge is intended to be made; an entity (the prescribed related entity ) that is prescribed under a regulation as a related entity of the relevant infrastructure owner.\n(sec.20-ssec.2) For subsection (1) (c) (ii) , the prescribed related entity must be nominated by the relevant infrastructure owner to operate the relevant infrastructure to supply the service, whether before or after the relevant infrastructure owner becomes the owner of the relevant infrastructure.\n(sec.20-ssec.3) However, subsection (1) does not apply to a person who owns infrastructure that produces and supplies recycled water unless the person also owns other infrastructure for supplying a water or sewerage service.\n- (a) a local government that owns infrastructure for supplying water or sewerage services;\n- (b) a water authority that owns infrastructure for supplying water or sewerage services;\n- (c) 1, but not both, of the following— (i) an entity (the relevant infrastructure owner ) who is the owner of 1 or more elements of infrastructure (the relevant infrastructure ) for supplying a water or sewerage service for which a charge is intended to be made; (ii) an entity (the prescribed related entity ) that is prescribed under a regulation as a related entity of the relevant infrastructure owner.\n- (i) an entity (the relevant infrastructure owner ) who is the owner of 1 or more elements of infrastructure (the relevant infrastructure ) for supplying a water or sewerage service for which a charge is intended to be made;\n- (ii) an entity (the prescribed related entity ) that is prescribed under a regulation as a related entity of the relevant infrastructure owner.\n- (i) an entity (the relevant infrastructure owner ) who is the owner of 1 or more elements of infrastructure (the relevant infrastructure ) for supplying a water or sewerage service for which a charge is intended to be made;\n- (ii) an entity (the prescribed related entity ) that is prescribed under a regulation as a related entity of the relevant infrastructure owner.","sortOrder":14},{"sectionNumber":"sec.21","sectionType":"section","heading":"Applying for registration as a service provider","content":"### sec.21 Applying for registration as a service provider\n\nAn application for registration as a service provider must be—\nmade to the regulator in the approved form; and\nsupported by sufficient information to enable the regulator to decide the application; and\naccompanied by—\nthe fee prescribed under a regulation; and\nif the applicant is the prescribed related entity of the relevant infrastructure owner—the owner’s written consent to the registration of the prescribed related entity.\nThe regulator may require either or both of the following to give additional information about the application—\nthe applicant;\nif the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.\nThe regulator may require the information included in the application, or the additional information required under subsection (2) , to be verified by statutory declaration.\ns 21 sub 2013 No. 23 s 311\n(sec.21-ssec.1) An application for registration as a service provider must be— made to the regulator in the approved form; and supported by sufficient information to enable the regulator to decide the application; and accompanied by— the fee prescribed under a regulation; and if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner’s written consent to the registration of the prescribed related entity.\n(sec.21-ssec.2) The regulator may require either or both of the following to give additional information about the application— the applicant; if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.\n(sec.21-ssec.3) The regulator may require the information included in the application, or the additional information required under subsection (2) , to be verified by statutory declaration.\n- (a) made to the regulator in the approved form; and\n- (b) supported by sufficient information to enable the regulator to decide the application; and\n- (c) accompanied by— (i) the fee prescribed under a regulation; and (ii) if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner’s written consent to the registration of the prescribed related entity.\n- (i) the fee prescribed under a regulation; and\n- (ii) if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner’s written consent to the registration of the prescribed related entity.\n- (i) the fee prescribed under a regulation; and\n- (ii) if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner’s written consent to the registration of the prescribed related entity.\n- (a) the applicant;\n- (b) if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.","sortOrder":15},{"sectionNumber":"sec.22","sectionType":"section","heading":"Registration as a service provider","content":"### sec.22 Registration as a service provider\n\nThis section applies if the regulator is satisfied—\nthe applicant has complied with section 21 (1) ; and\nan entity of whom a requirement is made under section 21 (2) or (3) has complied with the requirement; and\nfor an applicant who is the prescribed related entity of the relevant infrastructure owner—\nthe applicant can exercise the powers of a service provider under this Act for supplying the water or sewerage service to which the application relates; and\nwithout limiting subparagraph (i) , the contractual arrangements between the applicant and the relevant infrastructure owner adequately provide for the applicant to operate the infrastructure to supply the water or sewerage service; and\nif the applicant were to stop supplying, or cease to be the service provider for, the water or sewerage service, the relevant infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the water or sewerage service.\nThe regulator must—\nregister the applicant in the service provider register as the service provider for the water or sewerage service to which the application relates; and\ngive notice of the registration to—\nthe applicant; and\nif the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.\nThe registration takes effect the day the regulator registers the applicant under subsection (2) (a) .\ns 22 sub 2013 No. 23 s 311\n(sec.22-ssec.1) This section applies if the regulator is satisfied— the applicant has complied with section 21 (1) ; and an entity of whom a requirement is made under section 21 (2) or (3) has complied with the requirement; and for an applicant who is the prescribed related entity of the relevant infrastructure owner— the applicant can exercise the powers of a service provider under this Act for supplying the water or sewerage service to which the application relates; and without limiting subparagraph (i) , the contractual arrangements between the applicant and the relevant infrastructure owner adequately provide for the applicant to operate the infrastructure to supply the water or sewerage service; and if the applicant were to stop supplying, or cease to be the service provider for, the water or sewerage service, the relevant infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the water or sewerage service.\n(sec.22-ssec.2) The regulator must— register the applicant in the service provider register as the service provider for the water or sewerage service to which the application relates; and give notice of the registration to— the applicant; and if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.\n(sec.22-ssec.3) The registration takes effect the day the regulator registers the applicant under subsection (2) (a) .\n- (a) the applicant has complied with section 21 (1) ; and\n- (b) an entity of whom a requirement is made under section 21 (2) or (3) has complied with the requirement; and\n- (c) for an applicant who is the prescribed related entity of the relevant infrastructure owner— (i) the applicant can exercise the powers of a service provider under this Act for supplying the water or sewerage service to which the application relates; and (ii) without limiting subparagraph (i) , the contractual arrangements between the applicant and the relevant infrastructure owner adequately provide for the applicant to operate the infrastructure to supply the water or sewerage service; and (iii) if the applicant were to stop supplying, or cease to be the service provider for, the water or sewerage service, the relevant infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the water or sewerage service.\n- (i) the applicant can exercise the powers of a service provider under this Act for supplying the water or sewerage service to which the application relates; and\n- (ii) without limiting subparagraph (i) , the contractual arrangements between the applicant and the relevant infrastructure owner adequately provide for the applicant to operate the infrastructure to supply the water or sewerage service; and\n- (iii) if the applicant were to stop supplying, or cease to be the service provider for, the water or sewerage service, the relevant infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the water or sewerage service.\n- (i) the applicant can exercise the powers of a service provider under this Act for supplying the water or sewerage service to which the application relates; and\n- (ii) without limiting subparagraph (i) , the contractual arrangements between the applicant and the relevant infrastructure owner adequately provide for the applicant to operate the infrastructure to supply the water or sewerage service; and\n- (iii) if the applicant were to stop supplying, or cease to be the service provider for, the water or sewerage service, the relevant infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the water or sewerage service.\n- (a) register the applicant in the service provider register as the service provider for the water or sewerage service to which the application relates; and\n- (b) give notice of the registration to— (i) the applicant; and (ii) if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.\n- (i) the applicant; and\n- (ii) if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.\n- (i) the applicant; and\n- (ii) if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.","sortOrder":16},{"sectionNumber":"sec.23","sectionType":"section","heading":"Applying to change service provider’s details of registration","content":"### sec.23 Applying to change service provider’s details of registration\n\nA service provider may apply to change the service provider’s details of registration in the service provider register by, for example—\nincluding a service or adding infrastructure for which the service provider is not currently registered; or\nremoving a service or infrastructure for which the service provider is currently registered.\nThe application must be—\nmade to the regulator in the approved form; and\nif the service provider is the prescribed related entity of the relevant infrastructure owner—accompanied by the owner’s written consent to the changes.\nOn receiving the application the regulator must—\nrecord the changes in the register; and\ngive the service provider a copy of the service provider’s details, including the changes, as registered in the register; and\nif the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.\ns 23 amd 2013 No. 23 s 312\n(sec.23-ssec.1) A service provider may apply to change the service provider’s details of registration in the service provider register by, for example— including a service or adding infrastructure for which the service provider is not currently registered; or removing a service or infrastructure for which the service provider is currently registered.\n(sec.23-ssec.2) The application must be— made to the regulator in the approved form; and if the service provider is the prescribed related entity of the relevant infrastructure owner—accompanied by the owner’s written consent to the changes.\n(sec.23-ssec.3) On receiving the application the regulator must— record the changes in the register; and give the service provider a copy of the service provider’s details, including the changes, as registered in the register; and if the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.\n- (a) including a service or adding infrastructure for which the service provider is not currently registered; or\n- (b) removing a service or infrastructure for which the service provider is currently registered.\n- (a) made to the regulator in the approved form; and\n- (b) if the service provider is the prescribed related entity of the relevant infrastructure owner—accompanied by the owner’s written consent to the changes.\n- (a) record the changes in the register; and\n- (b) give the service provider a copy of the service provider’s details, including the changes, as registered in the register; and\n- (c) if the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.","sortOrder":17},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Reviewing and changing service provider registration details","content":"### sec.23A Reviewing and changing service provider registration details\n\nWithin 30 business days after 30 June each year, each service provider must review the service provider’s registration details.\nWithin 10 business days after the review is completed, the service provider must give the regulator notice of the review that—\nis in the approved form; and\nstates whether the service provider’s registration details have changed; and\nif the service provider’s registration details have changed—includes particulars of the change.\nIf the service provider’s registration details have changed, the regulator must, on receiving the notice—\nrecord the changes in the service provider register; and\ngive the service provider a copy of the service provider’s details, including the changes, as registered in the service provider register; and\nif the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.\ns 23A (prev s 30) amd 2013 No. 23 s 318 (1)\nrenum and reloc 2013 No. 23 s 318 (2)\namd 2023 No. 24 s 57\n(sec.23A-ssec.1) Within 30 business days after 30 June each year, each service provider must review the service provider’s registration details.\n(sec.23A-ssec.2) Within 10 business days after the review is completed, the service provider must give the regulator notice of the review that— is in the approved form; and states whether the service provider’s registration details have changed; and if the service provider’s registration details have changed—includes particulars of the change.\n(sec.23A-ssec.3) If the service provider’s registration details have changed, the regulator must, on receiving the notice— record the changes in the service provider register; and give the service provider a copy of the service provider’s details, including the changes, as registered in the service provider register; and if the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.\n- (a) is in the approved form; and\n- (b) states whether the service provider’s registration details have changed; and\n- (c) if the service provider’s registration details have changed—includes particulars of the change.\n- (a) record the changes in the service provider register; and\n- (b) give the service provider a copy of the service provider’s details, including the changes, as registered in the service provider register; and\n- (c) if the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.","sortOrder":18},{"sectionNumber":"sec.24","sectionType":"section","heading":"Definitions for sdiv 3","content":"### sec.24 Definitions for sdiv 3\n\nIn this subdivision—\ncurrent infrastructure owner see section 25 (1) .\nincoming related entity , of the current or new infrastructure owner, means the entity that the current or new infrastructure owner proposes to nominate, under section 20 (2) , to operate the infrastructure to supply the relevant service when the registration for the service is transferred under this subdivision.\nnew infrastructure owner see section 25 (2) (a) .\nnew service provider see section 25B (2) (c) .\noutgoing related entity , of the current infrastructure owner, means the prescribed related entity of the current infrastructure owner who is the service provider for the relevant service until the registration for the service is transferred under this subdivision.\nrelevant service see section 25 (1) .\ns 24 sub 2013 No. 23 s 313","sortOrder":19},{"sectionNumber":"sec.25","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.25 Application of sdiv 3\n\nThis subdivision applies if the owner (the current infrastructure owner ) of infrastructure for a registered service (the relevant service ) intends to transfer the registration as service provider for the relevant service to the incoming related entity of the current infrastructure owner.\nThis subdivision also applies if the current infrastructure owner intends to transfer—\nthe ownership of the infrastructure for the relevant service to another entity (the new infrastructure owner ); and\nthe registration as service provider for the relevant service to 1 of the following—\nthe new infrastructure owner;\nthe incoming related entity of the new infrastructure owner.\nSubsections (1) and (2) (b) apply whether the current infrastructure owner or the outgoing related entity of the current infrastructure owner is the service provider for the relevant service.\ns 25 sub 2013 No. 23 s 313\n(sec.25-ssec.1) This subdivision applies if the owner (the current infrastructure owner ) of infrastructure for a registered service (the relevant service ) intends to transfer the registration as service provider for the relevant service to the incoming related entity of the current infrastructure owner.\n(sec.25-ssec.2) This subdivision also applies if the current infrastructure owner intends to transfer— the ownership of the infrastructure for the relevant service to another entity (the new infrastructure owner ); and the registration as service provider for the relevant service to 1 of the following— the new infrastructure owner; the incoming related entity of the new infrastructure owner.\n(sec.25-ssec.3) Subsections (1) and (2) (b) apply whether the current infrastructure owner or the outgoing related entity of the current infrastructure owner is the service provider for the relevant service.\n- (a) the ownership of the infrastructure for the relevant service to another entity (the new infrastructure owner ); and\n- (b) the registration as service provider for the relevant service to 1 of the following— (i) the new infrastructure owner; (ii) the incoming related entity of the new infrastructure owner.\n- (i) the new infrastructure owner;\n- (ii) the incoming related entity of the new infrastructure owner.\n- (i) the new infrastructure owner;\n- (ii) the incoming related entity of the new infrastructure owner.","sortOrder":20},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Notice of transfer","content":"### sec.25A Notice of transfer\n\nThe current infrastructure owner must give the regulator notice (the transfer notice ) of the proposed transfer.\nThe transfer notice must be—\nin the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe regulator may require the following to give additional information about the transfer notice—\nthe current infrastructure owner;\nany of the following, if relevant to the proposed transfer—\nthe outgoing related entity of the current infrastructure owner;\nthe incoming related entity of the current infrastructure owner;\nthe new infrastructure owner;\nthe incoming related entity of the new infrastructure owner.\nThe regulator may require the information included in the transfer notice, or the additional information required under subsection (3) , to be verified by statutory declaration.\ns 25A ins 2013 No. 23 s 313\n(sec.25A-ssec.1) The current infrastructure owner must give the regulator notice (the transfer notice ) of the proposed transfer.\n(sec.25A-ssec.2) The transfer notice must be— in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.25A-ssec.3) The regulator may require the following to give additional information about the transfer notice— the current infrastructure owner; any of the following, if relevant to the proposed transfer— the outgoing related entity of the current infrastructure owner; the incoming related entity of the current infrastructure owner; the new infrastructure owner; the incoming related entity of the new infrastructure owner.\n(sec.25A-ssec.4) The regulator may require the information included in the transfer notice, or the additional information required under subsection (3) , to be verified by statutory declaration.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) the current infrastructure owner;\n- (b) any of the following, if relevant to the proposed transfer— (i) the outgoing related entity of the current infrastructure owner; (ii) the incoming related entity of the current infrastructure owner; (iii) the new infrastructure owner; (iv) the incoming related entity of the new infrastructure owner.\n- (i) the outgoing related entity of the current infrastructure owner;\n- (ii) the incoming related entity of the current infrastructure owner;\n- (iii) the new infrastructure owner;\n- (iv) the incoming related entity of the new infrastructure owner.\n- (i) the outgoing related entity of the current infrastructure owner;\n- (ii) the incoming related entity of the current infrastructure owner;\n- (iii) the new infrastructure owner;\n- (iv) the incoming related entity of the new infrastructure owner.","sortOrder":21},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Registering new service provider for transferred service","content":"### sec.25B Registering new service provider for transferred service\n\nThis section applies if the regulator is satisfied—\nthe current infrastructure owner has complied with section 25A (1) and (2) ; and\nan entity of whom a requirement is made under section 25A (3) or (4) has complied with the requirement; and\nfor a proposed service provider who is the incoming related entity of the current or new infrastructure owner—\nthe entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and\nthe entity can exercise the powers of a service provider under this Act for supplying the relevant service; and\nwithout limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and\nif the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service.\nThe regulator must—\ncancel the service provider’s registration for the relevant service; and\ngive notice of the cancellation to—\nthe current infrastructure owner; and\nif the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and\nregister the following (the new service provider ) in the service provider register as the service provider for the relevant service—\nfor a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner;\nfor a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner;\nfor a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and\ngive notice of the registration to—\nthe new service provider; and\nif the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and\nif the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner.\nThe registration—\nmust not be on a day earlier than the day the regulator received the transfer notice under section 25A ; but\nmay be on a later day, if agreed in writing between—\nthe current infrastructure owner; and—\neither—\nor a transfer of registration under section 25 (1) —the new service provider; or\nor a transfer of registration under section 25 (2) —the new infrastructure owner.\ns 25B ins 2013 No. 23 s 313\n(sec.25B-ssec.1) This section applies if the regulator is satisfied— the current infrastructure owner has complied with section 25A (1) and (2) ; and an entity of whom a requirement is made under section 25A (3) or (4) has complied with the requirement; and for a proposed service provider who is the incoming related entity of the current or new infrastructure owner— the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service.\n(sec.25B-ssec.2) The regulator must— cancel the service provider’s registration for the relevant service; and give notice of the cancellation to— the current infrastructure owner; and if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and register the following (the new service provider ) in the service provider register as the service provider for the relevant service— for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner; for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner; for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and give notice of the registration to— the new service provider; and if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner.\n(sec.25B-ssec.3) The registration— must not be on a day earlier than the day the regulator received the transfer notice under section 25A ; but may be on a later day, if agreed in writing between— the current infrastructure owner; and— either— or a transfer of registration under section 25 (1) —the new service provider; or or a transfer of registration under section 25 (2) —the new infrastructure owner.\n- (a) the current infrastructure owner has complied with section 25A (1) and (2) ; and\n- (b) an entity of whom a requirement is made under section 25A (3) or (4) has complied with the requirement; and\n- (c) for a proposed service provider who is the incoming related entity of the current or new infrastructure owner— (i) the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and (ii) the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and (iii) without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and (iv) if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service.\n- (i) the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and\n- (ii) the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and\n- (iii) without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and\n- (iv) if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service.\n- (i) the entity has been nominated under section 20 (2) and prescribed under section 20 (1) (c) (ii) as the prescribed related entity of the current or new infrastructure owner; and\n- (ii) the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and\n- (iii) without limiting subparagraph (ii) , the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and\n- (iv) if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service.\n- (a) cancel the service provider’s registration for the relevant service; and\n- (b) give notice of the cancellation to— (i) the current infrastructure owner; and (ii) if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and\n- (i) the current infrastructure owner; and\n- (ii) if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and\n- (c) register the following (the new service provider ) in the service provider register as the service provider for the relevant service— (i) for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner; (ii) for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner; (iii) for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and\n- (i) for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner;\n- (ii) for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner;\n- (iii) for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and\n- (d) give notice of the registration to— (i) the new service provider; and (ii) if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and (iii) if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner.\n- (i) the new service provider; and\n- (ii) if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and\n- (iii) if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner.\n- (i) the current infrastructure owner; and\n- (ii) if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and\n- (i) for a transfer of registration under section 25 (1) —the incoming related entity of the current infrastructure owner;\n- (ii) for a transfer of registration under section 25 (2) (b) (ii) for which the regulator is satisfied of the matters mentioned in subsection (1) (c) —the incoming related entity of the new infrastructure owner;\n- (iii) for a transfer of registration under section 25 (2) to which subparagraph (ii) does not apply—the new infrastructure owner; and\n- (i) the new service provider; and\n- (ii) if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and\n- (iii) if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner.\n- (a) must not be on a day earlier than the day the regulator received the transfer notice under section 25A ; but\n- (b) may be on a later day, if agreed in writing between— (i) the current infrastructure owner; and— (ii) either— (A) or a transfer of registration under section 25 (1) —the new service provider; or (B) or a transfer of registration under section 25 (2) —the new infrastructure owner.\n- (i) the current infrastructure owner; and—\n- (ii) either— (A) or a transfer of registration under section 25 (1) —the new service provider; or (B) or a transfer of registration under section 25 (2) —the new infrastructure owner.\n- (A) or a transfer of registration under section 25 (1) —the new service provider; or\n- (B) or a transfer of registration under section 25 (2) —the new infrastructure owner.\n- (i) the current infrastructure owner; and—\n- (ii) either— (A) or a transfer of registration under section 25 (1) —the new service provider; or (B) or a transfer of registration under section 25 (2) —the new infrastructure owner.\n- (A) or a transfer of registration under section 25 (1) —the new service provider; or\n- (B) or a transfer of registration under section 25 (2) —the new infrastructure owner.\n- (A) or a transfer of registration under section 25 (1) —the new service provider; or\n- (B) or a transfer of registration under section 25 (2) —the new infrastructure owner.","sortOrder":22},{"sectionNumber":"sec.25C","sectionType":"section","heading":"Compliance notice taken to have been given to new service provider","content":"### sec.25C Compliance notice taken to have been given to new service provider\n\nThis section applies if—\nthe regulator has given a service provider (the original service provider ) a compliance notice; and\nthe original service provider’s registration as service provider is transferred under this subdivision; and\nthe original service provider has not complied with the compliance notice before the new service provider is registered under section 25B (2) (c) .\nSubject to subsection (3) , the new service provider is taken to have been the original service provider given the compliance notice.\nFor subsection (2) —\nthe compliance notice is taken to have been given to the original service provider on the day the new service provider is registered; and\na period to remedy a contravention or comply with a requirement, however provided for in the compliance notice, is taken to be the equivalent period starting on the day the new service provider is registered.\nA compliance notice states a day, that is 30 business days after the notice is issued, by which a contravention is required to be remedied. The period for remedying the contravention is taken to be 30 business days after the new service provider is registered.\ns 25C ins 2013 No. 23 s 313\n(sec.25C-ssec.1) This section applies if— the regulator has given a service provider (the original service provider ) a compliance notice; and the original service provider’s registration as service provider is transferred under this subdivision; and the original service provider has not complied with the compliance notice before the new service provider is registered under section 25B (2) (c) .\n(sec.25C-ssec.2) Subject to subsection (3) , the new service provider is taken to have been the original service provider given the compliance notice.\n(sec.25C-ssec.3) For subsection (2) — the compliance notice is taken to have been given to the original service provider on the day the new service provider is registered; and a period to remedy a contravention or comply with a requirement, however provided for in the compliance notice, is taken to be the equivalent period starting on the day the new service provider is registered. A compliance notice states a day, that is 30 business days after the notice is issued, by which a contravention is required to be remedied. The period for remedying the contravention is taken to be 30 business days after the new service provider is registered.\n- (a) the regulator has given a service provider (the original service provider ) a compliance notice; and\n- (b) the original service provider’s registration as service provider is transferred under this subdivision; and\n- (c) the original service provider has not complied with the compliance notice before the new service provider is registered under section 25B (2) (c) .\n- (a) the compliance notice is taken to have been given to the original service provider on the day the new service provider is registered; and\n- (b) a period to remedy a contravention or comply with a requirement, however provided for in the compliance notice, is taken to be the equivalent period starting on the day the new service provider is registered. Example— A compliance notice states a day, that is 30 business days after the notice is issued, by which a contravention is required to be remedied. The period for remedying the contravention is taken to be 30 business days after the new service provider is registered.","sortOrder":23},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notice of intention to stop operating as a service provider","content":"### sec.26 Notice of intention to stop operating as a service provider\n\nThis section applies if—\na service provider is likely to stop supplying a registered service; and\nthere is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.\nThe service provider must, unless the service provider has a reasonable excuse, give at least 60 business days notice of the possible stoppage to—\nthe regulator; and\nif the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\nSee section 530 (1) (a) (Governor in Council may appoint administrator to operate infrastructure).\nMaximum penalty—1,000 penalty units.\nThe notice must—\nbe in the approved form; and\nstate the day by which the service provider intends to stop supplying the service.\nThe regulator may require either or both of the following to give additional information about the notice—\nthe service provider;\nif the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\nThe regulator may require any information included in the notice, or any additional information required under subsection (4) , to be verified by statutory declaration.\nIf a requirement is made of the service provider under subsection (4) or (5) and the service provider fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the requirement, the notice given under subsection (2) is of no effect.\nIf the service provider continues supplying the service after the day stated in the notice—\nthe notice ceases to have effect as a notice for subsection (2) ; and\nif the service provider is again likely to stop supplying the service—the service provider must give a further notice under subsection (2) .\nIf the service provider stops supplying the service, the service provider must, within 5 business days after stopping supply, give notice of the stoppage to—\nthe regulator; and\nif the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\nThe notice must—\nbe in the approved form; and\nstate the day on which the provider stopped supplying the service.\ns 26 amd 2013 No. 23 s 314\n(sec.26-ssec.1) This section applies if— a service provider is likely to stop supplying a registered service; and there is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.\n(sec.26-ssec.2) The service provider must, unless the service provider has a reasonable excuse, give at least 60 business days notice of the possible stoppage to— the regulator; and if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner. See section 530 (1) (a) (Governor in Council may appoint administrator to operate infrastructure). Maximum penalty—1,000 penalty units.\n(sec.26-ssec.3) The notice must— be in the approved form; and state the day by which the service provider intends to stop supplying the service.\n(sec.26-ssec.4) The regulator may require either or both of the following to give additional information about the notice— the service provider; if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\n(sec.26-ssec.5) The regulator may require any information included in the notice, or any additional information required under subsection (4) , to be verified by statutory declaration.\n(sec.26-ssec.6) If a requirement is made of the service provider under subsection (4) or (5) and the service provider fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the requirement, the notice given under subsection (2) is of no effect.\n(sec.26-ssec.7) If the service provider continues supplying the service after the day stated in the notice— the notice ceases to have effect as a notice for subsection (2) ; and if the service provider is again likely to stop supplying the service—the service provider must give a further notice under subsection (2) .\n(sec.26-ssec.8) If the service provider stops supplying the service, the service provider must, within 5 business days after stopping supply, give notice of the stoppage to— the regulator; and if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\n(sec.26-ssec.9) The notice must— be in the approved form; and state the day on which the provider stopped supplying the service.\n- (a) a service provider is likely to stop supplying a registered service; and\n- (b) there is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.\n- (a) the regulator; and\n- (b) if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\n- (a) be in the approved form; and\n- (b) state the day by which the service provider intends to stop supplying the service.\n- (a) the service provider;\n- (b) if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\n- (a) the notice ceases to have effect as a notice for subsection (2) ; and\n- (b) if the service provider is again likely to stop supplying the service—the service provider must give a further notice under subsection (2) .\n- (a) the regulator; and\n- (b) if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\n- (a) be in the approved form; and\n- (b) state the day on which the provider stopped supplying the service.","sortOrder":24},{"sectionNumber":"sec.27","sectionType":"section","heading":"Cancellation of registration if service provider stops supplying service","content":"### sec.27 Cancellation of registration if service provider stops supplying service\n\nIf the regulator receives a notice under section 26 (8) , the regulator must—\ncancel the service provider’s registration as a service provider for the infrastructure and services to which the notice relates; and\ngive notice of the cancellation to—\nthe service provider; and\nif the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.\ns 27 sub 2013 No. 23 s 315\n- (a) cancel the service provider’s registration as a service provider for the infrastructure and services to which the notice relates; and\n- (b) give notice of the cancellation to— (i) the service provider; and (ii) if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.\n- (i) the service provider; and\n- (ii) if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.\n- (i) the service provider; and\n- (ii) if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.","sortOrder":25},{"sectionNumber":"sec.28","sectionType":"section","heading":"Applying for cancellation of registration as service provider","content":"### sec.28 Applying for cancellation of registration as service provider\n\nA service provider may apply to the regulator to have the provider’s registration cancelled if the provider has not supplied, and does not intend to start supplying, the service for which the provider is registered.\nThe application must be—\nmade in the approved form; and\nsupported by sufficient information to enable the regulator to decide the application.\nIf the service provider is the prescribed related entity of the relevant infrastructure owner, the service provider must give the owner notice of the application.\nThe regulator may require—\nthe applicant to give additional information about the application; or\nthe information included in the application, or the additional information required under paragraph (a) , to be verified by statutory declaration.\nIf the regulator is satisfied the applicant has complied with subsections (2) and (3) and any requirement under subsection (4) , the regulator must—\ncancel the service provider’s registration as a service provider for the infrastructure and services to which the application relates; and\ngive notice of the cancellation to—\nthe service provider; and\nif the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.\ns 28 amd 2013 No. 23 s 316\n(sec.28-ssec.1) A service provider may apply to the regulator to have the provider’s registration cancelled if the provider has not supplied, and does not intend to start supplying, the service for which the provider is registered.\n(sec.28-ssec.2) The application must be— made in the approved form; and supported by sufficient information to enable the regulator to decide the application.\n(sec.28-ssec.3) If the service provider is the prescribed related entity of the relevant infrastructure owner, the service provider must give the owner notice of the application.\n(sec.28-ssec.4) The regulator may require— the applicant to give additional information about the application; or the information included in the application, or the additional information required under paragraph (a) , to be verified by statutory declaration.\n(sec.28-ssec.5) If the regulator is satisfied the applicant has complied with subsections (2) and (3) and any requirement under subsection (4) , the regulator must— cancel the service provider’s registration as a service provider for the infrastructure and services to which the application relates; and give notice of the cancellation to— the service provider; and if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.\n- (a) made in the approved form; and\n- (b) supported by sufficient information to enable the regulator to decide the application.\n- (a) the applicant to give additional information about the application; or\n- (b) the information included in the application, or the additional information required under paragraph (a) , to be verified by statutory declaration.\n- (a) cancel the service provider’s registration as a service provider for the infrastructure and services to which the application relates; and\n- (b) give notice of the cancellation to— (i) the service provider; and (ii) if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.\n- (i) the service provider; and\n- (ii) if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.\n- (i) the service provider; and\n- (ii) if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.","sortOrder":26},{"sectionNumber":"sec.29","sectionType":"section","heading":"Registration as a service provider is not a right to water entitlement or resource operations licence","content":"### sec.29 Registration as a service provider is not a right to water entitlement or resource operations licence\n\nTo remove any doubt, it is declared that registration as a service provider does not, of itself, entitle a service provider to a water entitlement or a resource operations licence.","sortOrder":27},{"sectionNumber":"sec.30","sectionType":"section","heading":"Operation of infrastructure by prescribed related entity","content":"### sec.30 Operation of infrastructure by prescribed related entity\n\nThis section applies to a service provider that is the prescribed related entity of the relevant infrastructure owner for a registered service of the service provider.\nTo remove any doubt, it is declared that the service provider can operate the infrastructure for the service under this chapter as if it were the owner.\nSubsection (2) applies despite a contract, covenant or claim of right under a law of a State.\ns 30 ins 2013 No. 23 s 319\n(sec.30-ssec.1) This section applies to a service provider that is the prescribed related entity of the relevant infrastructure owner for a registered service of the service provider.\n(sec.30-ssec.2) To remove any doubt, it is declared that the service provider can operate the infrastructure for the service under this chapter as if it were the owner.\n(sec.30-ssec.3) Subsection (2) applies despite a contract, covenant or claim of right under a law of a State.","sortOrder":28},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Ownership and operation of service provider’s infrastructure that is part of land","content":"### sec.30A Ownership and operation of service provider’s infrastructure that is part of land\n\nThis section applies to—\nthe ownership of a service provider’s infrastructure; or\na service provider’s operation of the service provider’s infrastructure under this chapter.\nNeither the ownership nor the operation of the service provider’s infrastructure is affected only because—\nthe infrastructure is, or becomes, part of land; or\nthe land of which the infrastructure is a part is sold or otherwise disposed of.\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.\ns 30A ins 2013 No. 23 s 319\namd 2019 No. 17 s 341\n(sec.30A-ssec.1) This section applies to— the ownership of a service provider’s infrastructure; or a service provider’s operation of the service provider’s infrastructure under this chapter.\n(sec.30A-ssec.2) Neither the ownership nor the operation of the service provider’s infrastructure is affected only because— the infrastructure is, or becomes, part of land; or the land of which the infrastructure is a part is sold or otherwise disposed of.\n(sec.30A-ssec.4) 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- (a) the ownership of a service provider’s infrastructure; or\n- (b) a service provider’s operation of the service provider’s infrastructure under this chapter.\n- (a) the infrastructure is, or becomes, part of land; or\n- (b) the land of which the infrastructure is a part is sold or otherwise disposed of.\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":29},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"General powers of service providers and authorised persons","content":"## General powers of service providers and authorised persons","sortOrder":30},{"sectionNumber":"sec.31","sectionType":"section","heading":"Definition for div 2","content":"### sec.31 Definition for div 2\n\nIn this division—\nplace does not include a building or structure used for residential purposes.\ns 31 def place amd 2013 No. 23 s 320","sortOrder":31},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application of div 2","content":"### sec.32 Application of div 2\n\nThis division applies only to the services for which a service provider is registered.","sortOrder":32},{"sectionNumber":"sec.33","sectionType":"section","heading":"Power to disconnect unauthorised connections","content":"### sec.33 Power to disconnect unauthorised connections\n\nThis section applies if a person makes an unauthorised connection to the service provider’s infrastructure.\nThe service provider may give the person a notice asking the person to state, within the reasonable period stated in the notice, why the service provider should not disconnect the connection.\nThe period stated in the notice must not be less than 48 hours after the notice is given.\nIf the service provider is not satisfied, within the period stated in the notice, that the connection should not be disconnected—\nan authorised person of the service provider may enter the place where the connection is and disconnect the connection; and\nthe service provider may recover from the person as a debt—\nthe cost of the disconnection; and\nthe value of any service used by the person through the connection.\nHowever, if the connection is causing damage to the service provider’s infrastructure—\nan authorised person may, without notice, enter the place where the connection is and disconnect the connection; and\nthe service provider may recover from the person as a debt—\nthe cost of the disconnection; and\nthe value of any service used by the person through the connection.\nIf an authorised person enters a place under subsection (5) , the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry.\nIf there is no person at the place at the time of the entry under subsection (5) , the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way.\n(sec.33-ssec.1) This section applies if a person makes an unauthorised connection to the service provider’s infrastructure.\n(sec.33-ssec.2) The service provider may give the person a notice asking the person to state, within the reasonable period stated in the notice, why the service provider should not disconnect the connection.\n(sec.33-ssec.3) The period stated in the notice must not be less than 48 hours after the notice is given.\n(sec.33-ssec.4) If the service provider is not satisfied, within the period stated in the notice, that the connection should not be disconnected— an authorised person of the service provider may enter the place where the connection is and disconnect the connection; and the service provider may recover from the person as a debt— the cost of the disconnection; and the value of any service used by the person through the connection.\n(sec.33-ssec.5) However, if the connection is causing damage to the service provider’s infrastructure— an authorised person may, without notice, enter the place where the connection is and disconnect the connection; and the service provider may recover from the person as a debt— the cost of the disconnection; and the value of any service used by the person through the connection.\n(sec.33-ssec.6) If an authorised person enters a place under subsection (5) , the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry.\n(sec.33-ssec.7) If there is no person at the place at the time of the entry under subsection (5) , the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way.\n- (a) an authorised person of the service provider may enter the place where the connection is and disconnect the connection; and\n- (b) the service provider may recover from the person as a debt— (i) the cost of the disconnection; and (ii) the value of any service used by the person through the connection.\n- (i) the cost of the disconnection; and\n- (ii) the value of any service used by the person through the connection.\n- (i) the cost of the disconnection; and\n- (ii) the value of any service used by the person through the connection.\n- (a) an authorised person may, without notice, enter the place where the connection is and disconnect the connection; and\n- (b) the service provider may recover from the person as a debt— (i) the cost of the disconnection; and (ii) the value of any service used by the person through the connection.\n- (i) the cost of the disconnection; and\n- (ii) the value of any service used by the person through the connection.\n- (i) the cost of the disconnection; and\n- (ii) the value of any service used by the person through the connection.","sortOrder":33},{"sectionNumber":"sec.34","sectionType":"section","heading":"Power to direct remedial work","content":"### sec.34 Power to direct remedial work\n\nThis section applies to the owner of—\ndefective or improper equipment connected to, or adversely affecting, a service provider’s infrastructure; or\nland on which there is situated vegetation or any other thing adversely affecting the service provider’s infrastructure or ability to provide the services for which the service provider is registered.\nThe service provider may give the owner a notice to do work, within the reasonable period stated in the notice, to—\nrectify the equipment; or\nremove the vegetation or other thing.\nIf the owner does not do the work within the period stated in the notice—\nan authorised person may, under section 36 , enter the place where the work is required and do the work; and\nthe service provider may recover from the owner as a debt the cost of the work.\n(sec.34-ssec.1) This section applies to the owner of— defective or improper equipment connected to, or adversely affecting, a service provider’s infrastructure; or land on which there is situated vegetation or any other thing adversely affecting the service provider’s infrastructure or ability to provide the services for which the service provider is registered.\n(sec.34-ssec.2) The service provider may give the owner a notice to do work, within the reasonable period stated in the notice, to— rectify the equipment; or remove the vegetation or other thing.\n(sec.34-ssec.3) If the owner does not do the work within the period stated in the notice— an authorised person may, under section 36 , enter the place where the work is required and do the work; and the service provider may recover from the owner as a debt the cost of the work.\n- (a) defective or improper equipment connected to, or adversely affecting, a service provider’s infrastructure; or\n- (b) land on which there is situated vegetation or any other thing adversely affecting the service provider’s infrastructure or ability to provide the services for which the service provider is registered.\n- (a) rectify the equipment; or\n- (b) remove the vegetation or other thing.\n- (a) an authorised person may, under section 36 , enter the place where the work is required and do the work; and\n- (b) the service provider may recover from the owner as a debt the cost of the work.","sortOrder":34},{"sectionNumber":"sec.35","sectionType":"section","heading":"Power to install meters","content":"### sec.35 Power to install meters\n\nA service provider may install, or approve the installation of, a meter in a position, decided by the service provider, on infrastructure supplying water to premises.\nThe meter is the property of the service provider even if it is installed inside the boundary of the premises.\nA licence under the Plumbing and Drainage Act 2018 may be required to install a meter.\ns 35 amd 2014 No. 16 s 53 ; 2015 No. 4 s 85 ; 2018 No. 17 s 197 sch 2\n(sec.35-ssec.1) A service provider may install, or approve the installation of, a meter in a position, decided by the service provider, on infrastructure supplying water to premises.\n(sec.35-ssec.2) The meter is the property of the service provider even if it is installed inside the boundary of the premises. A licence under the Plumbing and Drainage Act 2018 may be required to install a meter.","sortOrder":35},{"sectionNumber":"sec.36","sectionType":"section","heading":"Power to enter places for restricted purposes","content":"### sec.36 Power to enter places for restricted purposes\n\nAn authorised person may enter a place to—\ninspect, operate, change, maintain, remove, repair or replace a service provider’s infrastructure at the place; or\ninstall, under section 169 , a device to reduce the water supply to premises at the place; or\nif the place is public land that adjoins a watercourse or lake downstream of a dam or weir—erect a sign on the land to warn individuals of the risks of entering an area downstream of the dam or weir.\nHowever, the authorised person may enter the place at any reasonable time only if—\nthe occupier consents to the entry; or\nthe service provider has given the occupier at least 14 days notice of the entry and the purpose of the entry; or\nfor entry under subsection (1) (a) or (b) —the service provider needs to take urgent action to protect its infrastructure at the place.\nSubsection (2) does not apply to an authorised person entering public land under subsection (1) (c) if there is no person in actual occupation of the land.\nAfter entering the place, the authorised person may carry out the activity that is the purpose of the entry.\nIf an authorised person enters a place under subsection (2) (c) , the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry.\nIf there is no person at the place at the time of the entry under subsection (2) (b) , the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way.\nThis section does not limit section 37 .\nIn this section—\npublic land means land that is under the management or control of—\nthe State; or\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\ns 36 amd 2014 No. 16 s 54 ; 2015 No. 4 s 86 ; 2017 No. 11 s 6\n(sec.36-ssec.1) An authorised person may enter a place to— inspect, operate, change, maintain, remove, repair or replace a service provider’s infrastructure at the place; or install, under section 169 , a device to reduce the water supply to premises at the place; or if the place is public land that adjoins a watercourse or lake downstream of a dam or weir—erect a sign on the land to warn individuals of the risks of entering an area downstream of the dam or weir.\n(sec.36-ssec.2) However, the authorised person may enter the place at any reasonable time only if— the occupier consents to the entry; or the service provider has given the occupier at least 14 days notice of the entry and the purpose of the entry; or for entry under subsection (1) (a) or (b) —the service provider needs to take urgent action to protect its infrastructure at the place.\n(sec.36-ssec.3) Subsection (2) does not apply to an authorised person entering public land under subsection (1) (c) if there is no person in actual occupation of the land.\n(sec.36-ssec.4) After entering the place, the authorised person may carry out the activity that is the purpose of the entry.\n(sec.36-ssec.5) If an authorised person enters a place under subsection (2) (c) , the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry.\n(sec.36-ssec.6) If there is no person at the place at the time of the entry under subsection (2) (b) , the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way.\n(sec.36-ssec.7) This section does not limit section 37 .\n(sec.36-ssec.8) In this section— public land means land that is under the management or control of— the State; or a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) inspect, operate, change, maintain, remove, repair or replace a service provider’s infrastructure at the place; or\n- (b) install, under section 169 , a device to reduce the water supply to premises at the place; or\n- (c) if the place is public land that adjoins a watercourse or lake downstream of a dam or weir—erect a sign on the land to warn individuals of the risks of entering an area downstream of the dam or weir.\n- (a) the occupier consents to the entry; or\n- (b) the service provider has given the occupier at least 14 days notice of the entry and the purpose of the entry; or\n- (c) for entry under subsection (1) (a) or (b) —the service provider needs to take urgent action to protect its infrastructure at the place.\n- (a) the State; or\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":36},{"sectionNumber":"sec.37","sectionType":"section","heading":"Power to enter place to read, check, maintain or replace meter","content":"### sec.37 Power to enter place to read, check, maintain or replace meter\n\nAn authorised person may enter a place at any reasonable time—\nto read a meter; or\nto check the accuracy of a meter; or\nto maintain or replace a meter.\nIn this section—\nmeter , in relation to a place, means a device, including equipment related to the device, for measuring the volume of water supplied to the place and installed on infrastructure that supplies retail water services at the place.\n(sec.37-ssec.1) An authorised person may enter a place at any reasonable time— to read a meter; or to check the accuracy of a meter; or to maintain or replace a meter.\n(sec.37-ssec.2) In this section— meter , in relation to a place, means a device, including equipment related to the device, for measuring the volume of water supplied to the place and installed on infrastructure that supplies retail water services at the place.\n- (a) to read a meter; or\n- (b) to check the accuracy of a meter; or\n- (c) to maintain or replace a meter.","sortOrder":37},{"sectionNumber":"sec.38","sectionType":"section","heading":"Notice of damage","content":"### sec.38 Notice of damage\n\nThis section applies if—\nan authorised person damages property when exercising or purporting to exercise a power under this division; or\na person (the other person ) acting under the direction or authority of an authorised person damages property.\nThe authorised person must immediately give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property.\nIf the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised person 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 authorised person reasonably believes is trivial.\nIn this section—\nowner , of property, includes a person in possession or control of it.\ns 38 amd 2013 No. 23 s 352 sch 1 pt 1\n(sec.38-ssec.1) This section applies if— an authorised person damages property when exercising or purporting to exercise a power under this division; or a person (the other person ) acting under the direction or authority of an authorised person damages property.\n(sec.38-ssec.2) The authorised person must immediately give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property.\n(sec.38-ssec.3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.\n(sec.38-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised person must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way.\n(sec.38-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial.\n(sec.38-ssec.6) In this section— owner , of property, includes a person in possession or control of it.\n- (a) an authorised person damages property when exercising or purporting to exercise a power under this division; or\n- (b) a person (the other person ) acting under the direction or authority of an authorised person damages property.","sortOrder":38},{"sectionNumber":"sec.39","sectionType":"section","heading":"Compensation","content":"### sec.39 Compensation\n\nIf a person incurs loss or expense because of the exercise or purported exercise of a power under this division, the person may claim compensation from the service provider.\nWithout limiting subsection (1) , compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this division.\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.\nFor this section, loss or expense does not include loss or expense caused by the act of—\nremoving an unauthorised connection; or\nrectifying defective or improper equipment; or\nremoving vegetation or any other thing.\n(sec.39-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under this division, the person may claim compensation from the service provider.\n(sec.39-ssec.2) Without limiting subsection (1) , compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this division.\n(sec.39-ssec.3) 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.39-ssec.4) 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.\n(sec.39-ssec.5) For this section, loss or expense does not include loss or expense caused by the act of— removing an unauthorised connection; or rectifying defective or improper equipment; or removing vegetation or any other thing.\n- (a) removing an unauthorised connection; or\n- (b) rectifying defective or improper equipment; or\n- (c) removing vegetation or any other thing.","sortOrder":39},{"sectionNumber":"sec.40","sectionType":"section","heading":"Recovery of costs","content":"### sec.40 Recovery of costs\n\nThis section applies if—\na person damages a service provider’s infrastructure; or\na service provider suffers loss because a person—\nmakes an unauthorised connection to the service provider’s infrastructure; or\ndischarges material, if it is not material the service provider has authorised to be discharged, into the service provider’s infrastructure; or\ninterferes with the service provider’s infrastructure; or\npollutes the water in the service provider’s infrastructure.\nThe service provider may recover from the person as a debt the amount of the loss or the reasonable cost of repairing the damage.\n(sec.40-ssec.1) This section applies if— a person damages a service provider’s infrastructure; or a service provider suffers loss because a person— makes an unauthorised connection to the service provider’s infrastructure; or discharges material, if it is not material the service provider has authorised to be discharged, into the service provider’s infrastructure; or interferes with the service provider’s infrastructure; or pollutes the water in the service provider’s infrastructure.\n(sec.40-ssec.2) The service provider may recover from the person as a debt the amount of the loss or the reasonable cost of repairing the damage.\n- (a) a person damages a service provider’s infrastructure; or\n- (b) a service provider suffers loss because a person— (i) makes an unauthorised connection to the service provider’s infrastructure; or (ii) discharges material, if it is not material the service provider has authorised to be discharged, into the service provider’s infrastructure; or (iii) interferes with the service provider’s infrastructure; or (iv) pollutes the water in the service provider’s infrastructure.\n- (i) makes an unauthorised connection to the service provider’s infrastructure; or\n- (ii) discharges material, if it is not material the service provider has authorised to be discharged, into the service provider’s infrastructure; or\n- (iii) interferes with the service provider’s infrastructure; or\n- (iv) pollutes the water in the service provider’s infrastructure.\n- (i) makes an unauthorised connection to the service provider’s infrastructure; or\n- (ii) discharges material, if it is not material the service provider has authorised to be discharged, into the service provider’s infrastructure; or\n- (iii) interferes with the service provider’s infrastructure; or\n- (iv) pollutes the water in the service provider’s infrastructure.","sortOrder":40},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Power to restrict water supply","content":"## Power to restrict water supply","sortOrder":41},{"sectionNumber":"sec.41","sectionType":"section","heading":"Restricting water supply","content":"### sec.41 Restricting water supply\n\nIf a water service provider considers it necessary, the water service provider may restrict—\nthe volume of water taken by or supplied to a customer or type of customer; or\nthe hours when water may be used on premises for stated purposes; or\nthe way water may be used on premises.\nThe water service provider may impose a restriction under subsection (1) (a service provider water restriction ) only if—\nthere is an urgent need for the service provider water restriction; or\nthe available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or\nthe service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or\nthe Minister has published a notice under the Water Act , section 25B , or a regulation has been made under the Water Act , section 25F , and the restriction is for the purposes of the notice or regulation; or\nthe water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or\nthe water service provider is directed by the regulator, under section 42 (2) , to impose the restriction.\nA water service provider may apply a restriction imposed under subsection (1) to water taken from a rainwater tank connected to the service provider’s reticulated supply.\nHowever, a restriction imposed under subsection (1) must be consistent with conditions contained in the service provider’s resource operations licence, interim resource operations licence, water licence or water allocation, relating to the supply of the water.\nA restriction may provide an exemption from all or part of the restriction.\nIn this section, the power to restrict includes the power to prohibit.\ns 41 amd 2010 No. 20 s 120 ; 2012 No. 39 s 89 ; 2014 No. 16 s 101 sch 1 ; 2020 No. 14 s 215\n(sec.41-ssec.1) If a water service provider considers it necessary, the water service provider may restrict— the volume of water taken by or supplied to a customer or type of customer; or the hours when water may be used on premises for stated purposes; or the way water may be used on premises.\n(sec.41-ssec.2) The water service provider may impose a restriction under subsection (1) (a service provider water restriction ) only if— there is an urgent need for the service provider water restriction; or the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or the service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or the Minister has published a notice under the Water Act , section 25B , or a regulation has been made under the Water Act , section 25F , and the restriction is for the purposes of the notice or regulation; or the water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or the water service provider is directed by the regulator, under section 42 (2) , to impose the restriction.\n(sec.41-ssec.3) A water service provider may apply a restriction imposed under subsection (1) to water taken from a rainwater tank connected to the service provider’s reticulated supply.\n(sec.41-ssec.4) However, a restriction imposed under subsection (1) must be consistent with conditions contained in the service provider’s resource operations licence, interim resource operations licence, water licence or water allocation, relating to the supply of the water.\n(sec.41-ssec.5) A restriction may provide an exemption from all or part of the restriction.\n(sec.41-ssec.6) In this section, the power to restrict includes the power to prohibit.\n- (a) the volume of water taken by or supplied to a customer or type of customer; or\n- (b) the hours when water may be used on premises for stated purposes; or\n- (c) the way water may be used on premises.\n- (a) there is an urgent need for the service provider water restriction; or\n- (b) the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or\n- (c) the service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or\n- (d) the Minister has published a notice under the Water Act , section 25B , or a regulation has been made under the Water Act , section 25F , and the restriction is for the purposes of the notice or regulation; or\n- (e) the water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or\n- (f) the water service provider is directed by the regulator, under section 42 (2) , to impose the restriction.","sortOrder":42},{"sectionNumber":"sec.42","sectionType":"section","heading":"Regulator may direct restriction","content":"### sec.42 Regulator may direct restriction\n\nThis section applies if the regulator considers—\nthere is a significant threat to sustainable and secure water supply in an area; and\nit is necessary or desirable to impose a restriction under section 41 on the area or another area.\nTo remove any doubt, it is declared that the regulator may direct a service provider for an area not under an immediate significant threat to sustainable and secure water supply to impose a restriction if the regulator considers the restriction is necessary or desirable because of a significant threat to sustainable and secure water supply in another area.\nThe regulator may direct the Gold Coast City Council to impose a restriction if another area in the SEQ region is facing a significant threat to its water supply and water from the Hinze Dam is needed for the other area.\nThe regulator may, after consultation with the water service provider for the area or the other area, direct the water service provider to—\nimpose a restriction, under section 41 , in the area or the other area within a stated period; and\nprovide a written response to the regulator, within a stated period, stating the steps the water service provider intends to take to ensure the restriction is complied with.\nA service provider to whom a direction is given under subsection (2) must comply with the direction.\nMaximum penalty—200 penalty units.\nIf the regulator is satisfied the response is adequate to ensure compliance with the restriction, the regulator must—\napprove the response; and\ngive the service provider notice of the approval.\nIf the regulator is not satisfied the response is adequate to ensure compliance with the restriction, the regulator must—\nchange the response to make it adequate; and\napprove the changed response; and\ngive the service provider notice of the approval.\nA service provider must comply with the approved response by taking the steps stated in the response for ensuring the restriction is complied with.\nMaximum penalty for subsection (6) —200 penalty units.\ns 42 amd 2012 No. 39 s 90\n(sec.42-ssec.1) This section applies if the regulator considers— there is a significant threat to sustainable and secure water supply in an area; and it is necessary or desirable to impose a restriction under section 41 on the area or another area.\n(sec.42-ssec.1A) To remove any doubt, it is declared that the regulator may direct a service provider for an area not under an immediate significant threat to sustainable and secure water supply to impose a restriction if the regulator considers the restriction is necessary or desirable because of a significant threat to sustainable and secure water supply in another area. The regulator may direct the Gold Coast City Council to impose a restriction if another area in the SEQ region is facing a significant threat to its water supply and water from the Hinze Dam is needed for the other area.\n(sec.42-ssec.2) The regulator may, after consultation with the water service provider for the area or the other area, direct the water service provider to— impose a restriction, under section 41 , in the area or the other area within a stated period; and provide a written response to the regulator, within a stated period, stating the steps the water service provider intends to take to ensure the restriction is complied with.\n(sec.42-ssec.3) A service provider to whom a direction is given under subsection (2) must comply with the direction. Maximum penalty—200 penalty units.\n(sec.42-ssec.4) If the regulator is satisfied the response is adequate to ensure compliance with the restriction, the regulator must— approve the response; and give the service provider notice of the approval.\n(sec.42-ssec.5) If the regulator is not satisfied the response is adequate to ensure compliance with the restriction, the regulator must— change the response to make it adequate; and approve the changed response; and give the service provider notice of the approval.\n(sec.42-ssec.6) A service provider must comply with the approved response by taking the steps stated in the response for ensuring the restriction is complied with. Maximum penalty for subsection (6) —200 penalty units.\n- (a) there is a significant threat to sustainable and secure water supply in an area; and\n- (b) it is necessary or desirable to impose a restriction under section 41 on the area or another area.\n- (a) impose a restriction, under section 41 , in the area or the other area within a stated period; and\n- (b) provide a written response to the regulator, within a stated period, stating the steps the water service provider intends to take to ensure the restriction is complied with.\n- (a) approve the response; and\n- (b) give the service provider notice of the approval.\n- (a) change the response to make it adequate; and\n- (b) approve the changed response; and\n- (c) give the service provider notice of the approval.","sortOrder":43},{"sectionNumber":"sec.43","sectionType":"section","heading":"Notice of service provider water restriction must be given","content":"### sec.43 Notice of service provider water restriction must be given\n\nA water service provider must give notice of a service provider water restriction imposed by the service provider to anyone affected by it in the way the service provider considers appropriate having regard to the circumstances in which the restriction is imposed.\nSubsection (3) applies if the service provider water restriction is imposed because—\nthere is an urgent need for the restriction; or\nthe service provider is directed under a water supply emergency declaration to impose the restriction.\nWithout limiting subsection (1) , an appropriate way for the service provider to give notice of the service provider water restriction is by broadcasting the restriction on radio or television or using another form of electronic communication.\nThe service provider water restriction has effect from—\nordinarily—the beginning of the day after the notice is given; or\nif the restriction is imposed because of an urgent need or water supply emergency declaration—when the restriction is imposed.\nA person must not contravene a service provider water restriction.\nMaximum penalty—\nfor a non-residential customer—1,665 penalty units; or\nfor any other person—200 penalty units.\nSubsections (7) and (8) apply if a water service provider, directed under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response to impose service provider water restrictions, does not comply with the direction.\nThe Minister may give notice of the service provider water restrictions, required under the declaration, regulation or response to be imposed, to anyone affected by the restrictions in the way the Minister considers appropriate.\nNotice given by the Minister under subsection (7) —\nimposes the service provider water restrictions stated in the notice; and\nis taken to be notice given by the service provider under subsection (1) .\nEvidence of compliance with a relevant part of a service provider water restriction includes—\nan authorised person is satisfied the premises meets the requirements for the restriction; or\nthe person produces a certificate from a licensed plumber certifying that the premises meets the requirements for the restriction; or\nthe person produces a statutory declaration declaring the premises meets the requirements for the restriction.\ns 43 amd 2014 No. 51 s 38\n(sec.43-ssec.1) A water service provider must give notice of a service provider water restriction imposed by the service provider to anyone affected by it in the way the service provider considers appropriate having regard to the circumstances in which the restriction is imposed.\n(sec.43-ssec.2) Subsection (3) applies if the service provider water restriction is imposed because— there is an urgent need for the restriction; or the service provider is directed under a water supply emergency declaration to impose the restriction.\n(sec.43-ssec.3) Without limiting subsection (1) , an appropriate way for the service provider to give notice of the service provider water restriction is by broadcasting the restriction on radio or television or using another form of electronic communication.\n(sec.43-ssec.4) The service provider water restriction has effect from— ordinarily—the beginning of the day after the notice is given; or if the restriction is imposed because of an urgent need or water supply emergency declaration—when the restriction is imposed.\n(sec.43-ssec.5) A person must not contravene a service provider water restriction. Maximum penalty— for a non-residential customer—1,665 penalty units; or for any other person—200 penalty units.\n(sec.43-ssec.6) Subsections (7) and (8) apply if a water service provider, directed under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response to impose service provider water restrictions, does not comply with the direction.\n(sec.43-ssec.7) The Minister may give notice of the service provider water restrictions, required under the declaration, regulation or response to be imposed, to anyone affected by the restrictions in the way the Minister considers appropriate.\n(sec.43-ssec.8) Notice given by the Minister under subsection (7) — imposes the service provider water restrictions stated in the notice; and is taken to be notice given by the service provider under subsection (1) .\n(sec.43-ssec.9) Evidence of compliance with a relevant part of a service provider water restriction includes— an authorised person is satisfied the premises meets the requirements for the restriction; or the person produces a certificate from a licensed plumber certifying that the premises meets the requirements for the restriction; or the person produces a statutory declaration declaring the premises meets the requirements for the restriction.\n- (a) there is an urgent need for the restriction; or\n- (b) the service provider is directed under a water supply emergency declaration to impose the restriction.\n- (a) ordinarily—the beginning of the day after the notice is given; or\n- (b) if the restriction is imposed because of an urgent need or water supply emergency declaration—when the restriction is imposed.\n- (a) for a non-residential customer—1,665 penalty units; or\n- (b) for any other person—200 penalty units.\n- (a) imposes the service provider water restrictions stated in the notice; and\n- (b) is taken to be notice given by the service provider under subsection (1) .\n- (a) an authorised person is satisfied the premises meets the requirements for the restriction; or\n- (b) the person produces a certificate from a licensed plumber certifying that the premises meets the requirements for the restriction; or\n- (c) the person produces a statutory declaration declaring the premises meets the requirements for the restriction.","sortOrder":44},{"sectionNumber":"sec.44","sectionType":"section","heading":"Temporary interruptions to water supply","content":"### sec.44 Temporary interruptions to water supply\n\nA water service provider may shut off the water supply to premises for the time reasonably necessary for the service provider to perform work on the service provider’s infrastructure, including a property service.\nHowever, the service provider must give anyone likely to be affected by the shutting off of the water supply at least 48 hours notice of its intention to shut off the water supply, advising the reasons for shutting it off, and for how long it will be shut off.\nSubsection (2) does not stop the service provider shutting off its water supply, without notice, if there is—\na serious risk to public health; or\na likelihood of serious injury to persons or damage to property; or\nanother emergency.\nIf the service provider acts under subsection (3) , the service provider must give anyone likely to be affected by the action—\nnotice of the action; and\nthe reasons for the action; and\nif the action is continuing when the notice is given—notice about how long the action will continue.\n(sec.44-ssec.1) A water service provider may shut off the water supply to premises for the time reasonably necessary for the service provider to perform work on the service provider’s infrastructure, including a property service.\n(sec.44-ssec.2) However, the service provider must give anyone likely to be affected by the shutting off of the water supply at least 48 hours notice of its intention to shut off the water supply, advising the reasons for shutting it off, and for how long it will be shut off.\n(sec.44-ssec.3) Subsection (2) does not stop the service provider shutting off its water supply, without notice, if there is— a serious risk to public health; or a likelihood of serious injury to persons or damage to property; or another emergency.\n(sec.44-ssec.4) If the service provider acts under subsection (3) , the service provider must give anyone likely to be affected by the action— notice of the action; and the reasons for the action; and if the action is continuing when the notice is given—notice about how long the action will continue.\n- (a) a serious risk to public health; or\n- (b) a likelihood of serious injury to persons or damage to property; or\n- (c) another emergency.\n- (a) notice of the action; and\n- (b) the reasons for the action; and\n- (c) if the action is continuing when the notice is given—notice about how long the action will continue.","sortOrder":45},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Authorised persons","content":"## Authorised persons","sortOrder":46},{"sectionNumber":"sec.45","sectionType":"section","heading":"Appointing authorised persons","content":"### sec.45 Appointing authorised persons\n\nA service provider may appoint a person to be an authorised person of the service provider if—\nthe service provider is satisfied the person has the necessary expertise or experience to be an authorised person; or\nthe person has satisfactorily finished training approved by the service provider.\nHowever, the service provider can not appoint the person unless the provider is satisfied the person—\ncan perform the functions of an authorised person safely; and\ncan, while performing those functions, mitigate any risks to public health and safety.\ns 45 amd 2014 No. 16 s 55\n(sec.45-ssec.1) A service provider may appoint a person to be an authorised person of the service provider if— the service provider is satisfied the person has the necessary expertise or experience to be an authorised person; or the person has satisfactorily finished training approved by the service provider.\n(sec.45-ssec.2) However, the service provider can not appoint the person unless the provider is satisfied the person— can perform the functions of an authorised person safely; and can, while performing those functions, mitigate any risks to public health and safety.\n- (a) the service provider is satisfied the person has the necessary expertise or experience to be an authorised person; or\n- (b) the person has satisfactorily finished training approved by the service provider.\n- (a) can perform the functions of an authorised person safely; and\n- (b) can, while performing those functions, mitigate any risks to public health and safety.","sortOrder":47},{"sectionNumber":"sec.46","sectionType":"section","heading":"Authorised person’s identity cards","content":"### sec.46 Authorised person’s identity cards\n\nThe service provider must give an identity card to each authorised person.\nThe identity card must—\ncontain a recent photograph of the person; and\nbe signed by the person; and\nidentify the person as an authorised person of the service provider; and\ninclude an expiry date.\n(sec.46-ssec.1) The service provider must give an identity card to each authorised person.\n(sec.46-ssec.2) The identity card must— contain a recent photograph of the person; and be signed by the person; and identify the person as an authorised person of the service provider; and include an expiry date.\n- (a) contain a recent photograph of the person; and\n- (b) be signed by the person; and\n- (c) identify the person as an authorised person of the service provider; and\n- (d) include an expiry date.","sortOrder":48},{"sectionNumber":"sec.47","sectionType":"section","heading":"Failure to return identity card","content":"### sec.47 Failure to return identity card\n\nA person who ceases to be an authorised person must give the person’s identity card to the service provider within 15 business days after the person ceases to be an authorised person unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":49},{"sectionNumber":"sec.48","sectionType":"section","heading":"Producing and displaying identity card","content":"### sec.48 Producing and displaying identity card\n\nAn authorised person may exercise a power under division 2 in relation to someone else (the other person ) only if the authorised person—\nfirst produces the authorised person’s identity card for the other person’s inspection; or\nhas the identity card displayed so it is clearly visible to the other person.\nHowever, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.48-ssec.1) An authorised person may exercise a power under division 2 in relation to someone else (the other person ) only if the authorised person— first produces the authorised person’s identity card for the other person’s inspection; or has the identity card displayed so it is clearly visible to the other person.\n(sec.48-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces the authorised person’s identity card for the other person’s inspection; or\n- (b) has the identity card displayed so it is clearly visible to the other person.","sortOrder":50},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":"Liability of service providers","content":"## Liability of service providers","sortOrder":51},{"sectionNumber":"sec.49","sectionType":"section","heading":"Liability of service providers and others for particular events or circumstances","content":"### sec.49 Liability of service providers and others for particular events or circumstances\n\nA service provider, entity operating a service provider’s infrastructure, relevant infrastructure owner, owner of land, operator of water infrastructure, operator of special infrastructure or lessee of a service provider or operator of water infrastructure (each an indemnified party ) is not liable for an event or circumstance beyond the control of the indemnified party.\nSubsection (1) —\napplies only if, in relation to the event or circumstance, the indemnified party acted reasonably and without negligence; and\ndoes not affect, or in any way limit, the liability of an indemnified party for negligence.\nIn this section—\nan event or circumstance includes—\nthe escape of water from water infrastructure or works; and\nflooding upstream or downstream of water infrastructure or works; and\ncontamination, or the quality, of water, including manufactured water flowing, or released, from water infrastructure, special infrastructure or works.\nmanufactured water means water, including desalinated or recycled water or any substance resulting from the production of desalinated or recycled water, from any source.\nrelevant water infrastructure means infrastructure that is—\ninfrastructure the subject of—\na water supply emergency declaration or water supply emergency regulation; or\nworks to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and\na prescribed project under the State Development and Public Works Organisation Act 1971 ; and\ninfrastructure the Minister declares in a gazette notice to be relevant water infrastructure for the purposes of this section.\ns 49 amd 2013 No. 23 s 321\n(sec.49-ssec.1) A service provider, entity operating a service provider’s infrastructure, relevant infrastructure owner, owner of land, operator of water infrastructure, operator of special infrastructure or lessee of a service provider or operator of water infrastructure (each an indemnified party ) is not liable for an event or circumstance beyond the control of the indemnified party.\n(sec.49-ssec.2) Subsection (1) — applies only if, in relation to the event or circumstance, the indemnified party acted reasonably and without negligence; and does not affect, or in any way limit, the liability of an indemnified party for negligence.\n(sec.49-ssec.3) In this section— an event or circumstance includes— the escape of water from water infrastructure or works; and flooding upstream or downstream of water infrastructure or works; and contamination, or the quality, of water, including manufactured water flowing, or released, from water infrastructure, special infrastructure or works. manufactured water means water, including desalinated or recycled water or any substance resulting from the production of desalinated or recycled water, from any source. relevant water infrastructure means infrastructure that is— infrastructure the subject of— a water supply emergency declaration or water supply emergency regulation; or works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and a prescribed project under the State Development and Public Works Organisation Act 1971 ; and infrastructure the Minister declares in a gazette notice to be relevant water infrastructure for the purposes of this section.\n- (a) applies only if, in relation to the event or circumstance, the indemnified party acted reasonably and without negligence; and\n- (b) does not affect, or in any way limit, the liability of an indemnified party for negligence.\n- (a) the escape of water from water infrastructure or works; and\n- (b) flooding upstream or downstream of water infrastructure or works; and\n- (c) contamination, or the quality, of water, including manufactured water flowing, or released, from water infrastructure, special infrastructure or works.\n- (a) infrastructure the subject of— (i) a water supply emergency declaration or water supply emergency regulation; or (ii) works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and\n- (i) a water supply emergency declaration or water supply emergency regulation; or\n- (ii) works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and\n- (b) a prescribed project under the State Development and Public Works Organisation Act 1971 ; and\n- (c) infrastructure the Minister declares in a gazette notice to be relevant water infrastructure for the purposes of this section.\n- (i) a water supply emergency declaration or water supply emergency regulation; or\n- (ii) works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971 ; and","sortOrder":52},{"sectionNumber":"ch.2-pt.3-div.6","sectionType":"division","heading":"Water efficiency management plans","content":"## Water efficiency management plans","sortOrder":53},{"sectionNumber":"sec.50","sectionType":"section","heading":"Purpose of div 6","content":"### sec.50 Purpose of div 6\n\nThe purpose of this division is to promote water savings by non-residential customers.","sortOrder":54},{"sectionNumber":"sec.51","sectionType":"section","heading":"Application of div 6","content":"### sec.51 Application of div 6\n\nThis division applies for a non-residential customer who does not hold a water entitlement.\nHowever, if this division would not apply to a non-residential customer because of subsection (1) , but the customer takes water from a water service provider under another arrangement, this division applies for the other arrangement.\nAlso, if a customer to whom this division applies is a customer of more than 1 water service provider, the water service provider who provides the customer with the most water is the water service provider for the customer for this division.\ns 51 amd 2012 No. 39 s 91\n(sec.51-ssec.1) This division applies for a non-residential customer who does not hold a water entitlement.\n(sec.51-ssec.2) However, if this division would not apply to a non-residential customer because of subsection (1) , but the customer takes water from a water service provider under another arrangement, this division applies for the other arrangement.\n(sec.51-ssec.3) Also, if a customer to whom this division applies is a customer of more than 1 water service provider, the water service provider who provides the customer with the most water is the water service provider for the customer for this division.","sortOrder":55},{"sectionNumber":"sec.52","sectionType":"section","heading":"When water efficiency management plan may be required","content":"### sec.52 When water efficiency management plan may be required\n\nThe chief executive may, by written direction, require a water service provider to give a customer, or type of customer, a written notice—\nto prepare a plan (a water efficiency management plan ); and\nto give it to the water service provider within the reasonable period stated by the chief executive.\nThe water service provider must comply with the direction.\nMaximum penalty—500 penalty units.\nA water service provider may, without direction, give a customer, or type of customer, a written notice—\nto prepare a plan (also a water efficiency management plan ); and\nto give it to the water service provider within the reasonable period stated by the water service provider.\nThe customer must comply with a notice given by the water service provider under subsection (1) or (3) .\nMaximum penalty—500 penalty units.\nA plan prepared as a water efficiency management plan under a requirement of a service provider water restriction is also a water efficiency management plan for this section.\nThis division applies to the preparation and approval of a plan mentioned in subsection (1) , (3) or (5) .\ns 52 amd 2012 No. 39 s 92\n(sec.52-ssec.1) The chief executive may, by written direction, require a water service provider to give a customer, or type of customer, a written notice— to prepare a plan (a water efficiency management plan ); and to give it to the water service provider within the reasonable period stated by the chief executive.\n(sec.52-ssec.2) The water service provider must comply with the direction. Maximum penalty—500 penalty units.\n(sec.52-ssec.3) A water service provider may, without direction, give a customer, or type of customer, a written notice— to prepare a plan (also a water efficiency management plan ); and to give it to the water service provider within the reasonable period stated by the water service provider.\n(sec.52-ssec.4) The customer must comply with a notice given by the water service provider under subsection (1) or (3) . Maximum penalty—500 penalty units.\n(sec.52-ssec.5) A plan prepared as a water efficiency management plan under a requirement of a service provider water restriction is also a water efficiency management plan for this section.\n(sec.52-ssec.6) This division applies to the preparation and approval of a plan mentioned in subsection (1) , (3) or (5) .\n- (a) to prepare a plan (a water efficiency management plan ); and\n- (b) to give it to the water service provider within the reasonable period stated by the chief executive.\n- (a) to prepare a plan (also a water efficiency management plan ); and\n- (b) to give it to the water service provider within the reasonable period stated by the water service provider.","sortOrder":56},{"sectionNumber":"sec.53","sectionType":"section","heading":"Content of water efficiency management plan","content":"### sec.53 Content of water efficiency management plan\n\nA water efficiency management plan prepared under section 52 (1) must comply with any guidelines made by the chief executive for preparing the plan.\nA water efficiency management plan prepared under section 52 (3) must comply with—\nany guidelines made by the chief executive for preparing the plan; or\nif the chief executive has not made any guidelines—any guidelines made by the water service provider for preparing the plan.\nA water efficiency management plan must also state the following—\nthe name of the customer and the location where the plan applies;\nan outline of the customer’s current water use at the location and the source of the water used;\nthe water savings and efficiencies that will be achieved by implementing the plan;\nthe time frames for implementing the plan.\n(sec.53-ssec.1) A water efficiency management plan prepared under section 52 (1) must comply with any guidelines made by the chief executive for preparing the plan.\n(sec.53-ssec.2) A water efficiency management plan prepared under section 52 (3) must comply with— any guidelines made by the chief executive for preparing the plan; or if the chief executive has not made any guidelines—any guidelines made by the water service provider for preparing the plan.\n(sec.53-ssec.3) A water efficiency management plan must also state the following— the name of the customer and the location where the plan applies; an outline of the customer’s current water use at the location and the source of the water used; the water savings and efficiencies that will be achieved by implementing the plan; the time frames for implementing the plan.\n- (a) any guidelines made by the chief executive for preparing the plan; or\n- (b) if the chief executive has not made any guidelines—any guidelines made by the water service provider for preparing the plan.\n- (a) the name of the customer and the location where the plan applies;\n- (b) an outline of the customer’s current water use at the location and the source of the water used;\n- (c) the water savings and efficiencies that will be achieved by implementing the plan;\n- (d) the time frames for implementing the plan.","sortOrder":57},{"sectionNumber":"sec.54","sectionType":"section","heading":"Approving water efficiency management plan","content":"### sec.54 Approving water efficiency management plan\n\nFor deciding whether or not to approve a water efficiency management plan, the water service provider may require the customer to give additional information about the plan within the reasonable period stated by the water service provider.\nThe water service provider must approve, with or without conditions, or refuse to approve the plan—\nif additional information is not required—within 60 business days after receiving the plan; or\nif additional information is required—within 60 business days of when the information is received or should have been given, whichever is earlier.\nWithin 10 business days after making a decision under subsection (2) , the water service provider must give the customer an information notice.\nIf the water service provider does not approve the plan, the customer must—\namend the plan to address the reasons for the decision; and\nwithin 20 business days after receiving a notice under subsection (3) or the extended period under subsection (5) , give the water service provider the revised plan.\nMaximum penalty—200 penalty units.\nThe water service provider may extend the period of 20 business days mentioned in subsection (4) .\nThis division applies for a revised plan, with any necessary changes to give effect to the division.\nThe water service provider may recover from the customer as a debt an application fee for the approval of the customer’s water efficiency management plan that is not more than the cost to the water service provider of approving the plan.\ns 54 amd 2010 No. 20 s 121\n(sec.54-ssec.1) For deciding whether or not to approve a water efficiency management plan, the water service provider may require the customer to give additional information about the plan within the reasonable period stated by the water service provider.\n(sec.54-ssec.2) The water service provider must approve, with or without conditions, or refuse to approve the plan— if additional information is not required—within 60 business days after receiving the plan; or if additional information is required—within 60 business days of when the information is received or should have been given, whichever is earlier.\n(sec.54-ssec.3) Within 10 business days after making a decision under subsection (2) , the water service provider must give the customer an information notice.\n(sec.54-ssec.4) If the water service provider does not approve the plan, the customer must— amend the plan to address the reasons for the decision; and within 20 business days after receiving a notice under subsection (3) or the extended period under subsection (5) , give the water service provider the revised plan. Maximum penalty—200 penalty units.\n(sec.54-ssec.5) The water service provider may extend the period of 20 business days mentioned in subsection (4) .\n(sec.54-ssec.6) This division applies for a revised plan, with any necessary changes to give effect to the division.\n(sec.54-ssec.7) The water service provider may recover from the customer as a debt an application fee for the approval of the customer’s water efficiency management plan that is not more than the cost to the water service provider of approving the plan.\n- (a) if additional information is not required—within 60 business days after receiving the plan; or\n- (b) if additional information is required—within 60 business days of when the information is received or should have been given, whichever is earlier.\n- (a) amend the plan to address the reasons for the decision; and\n- (b) within 20 business days after receiving a notice under subsection (3) or the extended period under subsection (5) , give the water service provider the revised plan.","sortOrder":58},{"sectionNumber":"sec.55","sectionType":"section","heading":"Complying with water efficiency management plan","content":"### sec.55 Complying with water efficiency management plan\n\nA customer must comply with the customer’s approved water efficiency management plan.\nMaximum penalty—1,665 penalty units.","sortOrder":59},{"sectionNumber":"sec.56","sectionType":"section","heading":"Reporting under water efficiency management plan","content":"### sec.56 Reporting under water efficiency management plan\n\nA customer to whom an approved water efficiency management plan applies must give the water service provider a written report each year advising—\nthe extent to which the plan has been implemented; and\nthe water savings and efficiencies achieved by implementing the plan; and\nany change of circumstances in relation to the matters mentioned in section 57 (1) (a) .\nMaximum penalty—100 penalty units.\nThe report must be given within 10 business days after the anniversary day for the plan.\nThe chief executive may at any time ask a water service provider to give the chief executive—\na copy of an approved water efficiency management plan; or\ninformation about a plan that has not yet been approved; or\na report summarising progress by the water service provider’s customers in achieving water savings and efficiencies.\nThe water service provider must comply with the request within 20 business days.\nMaximum penalty for subsection (4) —100 penalty units.\n(sec.56-ssec.1) A customer to whom an approved water efficiency management plan applies must give the water service provider a written report each year advising— the extent to which the plan has been implemented; and the water savings and efficiencies achieved by implementing the plan; and any change of circumstances in relation to the matters mentioned in section 57 (1) (a) . Maximum penalty—100 penalty units.\n(sec.56-ssec.2) The report must be given within 10 business days after the anniversary day for the plan.\n(sec.56-ssec.3) The chief executive may at any time ask a water service provider to give the chief executive— a copy of an approved water efficiency management plan; or information about a plan that has not yet been approved; or a report summarising progress by the water service provider’s customers in achieving water savings and efficiencies.\n(sec.56-ssec.4) The water service provider must comply with the request within 20 business days. Maximum penalty for subsection (4) —100 penalty units.\n- (a) the extent to which the plan has been implemented; and\n- (b) the water savings and efficiencies achieved by implementing the plan; and\n- (c) any change of circumstances in relation to the matters mentioned in section 57 (1) (a) .\n- (a) a copy of an approved water efficiency management plan; or\n- (b) information about a plan that has not yet been approved; or\n- (c) a report summarising progress by the water service provider’s customers in achieving water savings and efficiencies.","sortOrder":60},{"sectionNumber":"sec.57","sectionType":"section","heading":"Amending or replacing water efficiency management plan by chief executive direction","content":"### sec.57 Amending or replacing water efficiency management plan by chief executive direction\n\nThis section applies if the chief executive is satisfied that there is or there is likely to be—\na severe water supply shortage; or\nan increase in the severity of a water supply shortage.\nThe chief executive may, by written direction, require a water service provider to give a customer, or type of customer, a written notice requiring the customer to—\namend an approved water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive; or\nprepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive.\nThe water service provider must comply with the direction.\nMaximum penalty—500 penalty units.\nThe customer must comply with a notice given under subsection (2) .\nMaximum penalty—500 penalty units.\nThis division, other than section 52 , applies for preparing the amended or new plan, with any necessary changes to give effect to the division.\n(sec.57-ssec.1) This section applies if the chief executive is satisfied that there is or there is likely to be— a severe water supply shortage; or an increase in the severity of a water supply shortage.\n(sec.57-ssec.2) The chief executive may, by written direction, require a water service provider to give a customer, or type of customer, a written notice requiring the customer to— amend an approved water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive; or prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive.\n(sec.57-ssec.3) The water service provider must comply with the direction. Maximum penalty—500 penalty units.\n(sec.57-ssec.4) The customer must comply with a notice given under subsection (2) . Maximum penalty—500 penalty units.\n(sec.57-ssec.5) This division, other than section 52 , applies for preparing the amended or new plan, with any necessary changes to give effect to the division.\n- (a) a severe water supply shortage; or\n- (b) an increase in the severity of a water supply shortage.\n- (a) amend an approved water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive; or\n- (b) prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive.","sortOrder":61},{"sectionNumber":"sec.58","sectionType":"section","heading":"Amending or replacing water efficiency management plan by water service provider direction","content":"### sec.58 Amending or replacing water efficiency management plan by water service provider direction\n\nThis section applies if a water service provider is satisfied that—\nfor a customer, or a type of customer, production output or water consumption has increased significantly; or\nthe cost effectiveness of implementing an approved water efficiency management plan is likely to have changed significantly; or\nthere is or there is likely to be a severe water supply shortage.\nThe water service provider must give the customer a written notice requiring the customer to—\namend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or\nprepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.\nThe customer must comply with the notice.\nMaximum penalty—500 penalty units.\nThis division, other than section 52 , applies for preparing the amended or new plan, with any necessary changes to give effect to the division.\n(sec.58-ssec.1) This section applies if a water service provider is satisfied that— for a customer, or a type of customer, production output or water consumption has increased significantly; or the cost effectiveness of implementing an approved water efficiency management plan is likely to have changed significantly; or there is or there is likely to be a severe water supply shortage.\n(sec.58-ssec.2) The water service provider must give the customer a written notice requiring the customer to— amend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.\n(sec.58-ssec.3) The customer must comply with the notice. Maximum penalty—500 penalty units.\n(sec.58-ssec.4) This division, other than section 52 , applies for preparing the amended or new plan, with any necessary changes to give effect to the division.\n- (a) for a customer, or a type of customer, production output or water consumption has increased significantly; or\n- (b) the cost effectiveness of implementing an approved water efficiency management plan is likely to have changed significantly; or\n- (c) there is or there is likely to be a severe water supply shortage.\n- (a) amend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or\n- (b) prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.","sortOrder":62},{"sectionNumber":"sec.59","sectionType":"section","heading":"Amending or replacing water efficiency management plan by request","content":"### sec.59 Amending or replacing water efficiency management plan by request\n\nA customer may request an amendment of an approved water efficiency management plan or that a new water efficiency management plan be prepared.\nIf the water service provider approves the request the customer must—\namend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or\nprepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.\nThis division, other than section 52 , applies for preparing the amended or new plan, with any necessary changes to give effect to the division.\n(sec.59-ssec.1) A customer may request an amendment of an approved water efficiency management plan or that a new water efficiency management plan be prepared.\n(sec.59-ssec.2) If the water service provider approves the request the customer must— amend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.\n(sec.59-ssec.3) This division, other than section 52 , applies for preparing the amended or new plan, with any necessary changes to give effect to the division.\n- (a) amend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or\n- (b) prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.","sortOrder":63},{"sectionNumber":"sec.60","sectionType":"section","heading":"Notice to comply with water efficiency management plan","content":"### sec.60 Notice to comply with water efficiency management plan\n\nThis section applies if a water service provider is satisfied or reasonably believes a customer to whom an approved water efficiency management plan applies has not complied with the plan.\nThe water service provider may give the customer a notice requiring the customer to comply with the plan within the reasonable period stated in the notice.\n(sec.60-ssec.1) This section applies if a water service provider is satisfied or reasonably believes a customer to whom an approved water efficiency management plan applies has not complied with the plan.\n(sec.60-ssec.2) The water service provider may give the customer a notice requiring the customer to comply with the plan within the reasonable period stated in the notice.","sortOrder":64},{"sectionNumber":"sec.61","sectionType":"section","heading":"Reviewing water efficiency management plans","content":"### sec.61 Reviewing water efficiency management plans\n\nA water service provider must ensure a customer to whom an approved water efficiency management plan applies reviews the plan when the water service provider considers it appropriate.\nThe customer must give the water service provider a copy of the review report within the reasonable period stated by the water service provider.\nA review must occur at least every 5 years.\n(sec.61-ssec.1) A water service provider must ensure a customer to whom an approved water efficiency management plan applies reviews the plan when the water service provider considers it appropriate.\n(sec.61-ssec.2) The customer must give the water service provider a copy of the review report within the reasonable period stated by the water service provider.\n(sec.61-ssec.3) A review must occur at least every 5 years.","sortOrder":65},{"sectionNumber":"ch.2-pt.3-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":66},{"sectionNumber":"sec.62","sectionType":"section","heading":"No charge for water in rainwater tank","content":"### sec.62 No charge for water in rainwater tank\n\nA service provider must not make a charge for water that—\nhas been collected from a roof; and\nis in, or taken from, a rainwater tank.\n- (a) has been collected from a roof; and\n- (b) is in, or taken from, a rainwater tank.","sortOrder":67},{"sectionNumber":"sec.63","sectionType":"section","heading":"Sections 63 –69 not used","content":"### sec.63 Sections 63 –69 not used\n\nSee editor’s note for section 1 .","sortOrder":68},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Service provider obligations","content":"# Service provider obligations","sortOrder":69},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Drinking water quality management","content":"## Drinking water quality management","sortOrder":70},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 amd 2012 No. 29 s 21\nom 2014 No. 16 s 56","sortOrder":71},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 amd 2013 No. 23 s 322\nom 2014 No. 16 s 56","sortOrder":72},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 om 2014 No. 16 s 56","sortOrder":73},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 om 2014 No. 16 s 56","sortOrder":74},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 amd 2013 No. 23 s 323\nom 2014 No. 16 s 56","sortOrder":75},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 amd 2013 No. 23 s 324\nom 2014 No. 16 s 56","sortOrder":76},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 amd 2013 No. 23 s 325\nom 2014 No. 16 s 56","sortOrder":77},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 om 2014 No. 16 s 56","sortOrder":78},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 sub 2012 No. 29 s 22\nom 2014 No. 16 s 56","sortOrder":79},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2014 No. 16 s 56","sortOrder":80},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 amd 2013 No. 23 s 326\nom 2014 No. 16 s 56","sortOrder":81},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 om 2014 No. 16 s 56","sortOrder":82},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 om 2014 No. 16 s 56","sortOrder":83},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 om 2014 No. 16 s 56","sortOrder":84},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2014 No. 16 s 56","sortOrder":85},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2014 No. 16 s 56","sortOrder":86},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2014 No. 16 s 56","sortOrder":87},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 amd 2013 No. 23 s 327\nom 2014 No. 16 s 56","sortOrder":88},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 amd 2013 No. 23 s 328\nom 2014 No. 16 s 56","sortOrder":89},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 sub 2013 No. 23 s 329\nom 2014 No. 16 s 56","sortOrder":90},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 amd 2013 No. 23 s 330\nom 2014 No. 16 s 56","sortOrder":91},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 om 2014 No. 16 s 56","sortOrder":92},{"sectionNumber":"sec.92","sectionType":"section","heading":"Offence to carry out drinking water service without approved drinking water quality management plan","content":"### sec.92 Offence to carry out drinking water service without approved drinking water quality management plan\n\nA drinking water service provider must not carry out a drinking water service unless there is an approved drinking water quality management plan for the drinking water service.\nMaximum penalty—1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\ns 92 amd 2013 No. 51 s 229 sch 1","sortOrder":93},{"sectionNumber":"sec.93","sectionType":"section","heading":"Offence about compliance with drinking water quality management plan","content":"### sec.93 Offence about compliance with drinking water quality management plan\n\nA drinking water service provider who has an approved drinking water quality management plan must comply with—\nthe plan; and\nthe conditions of the plan.\nMaximum penalty—1,665 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\ns 93 amd 2013 No. 51 s 229 sch 1\n- (a) the plan; and\n- (b) the conditions of the plan.","sortOrder":94},{"sectionNumber":"sec.94","sectionType":"section","heading":"Purpose of drinking water quality management plan","content":"### sec.94 Purpose of drinking water quality management plan\n\nThe purpose of a drinking water quality management plan is to protect public health.","sortOrder":95},{"sectionNumber":"sec.95","sectionType":"section","heading":"Preparing drinking water quality management plan","content":"### sec.95 Preparing drinking water quality management plan\n\nEach drinking water service provider must prepare a drinking water quality management plan for the provider’s drinking water service and apply to the regulator for approval of the plan.\nThe application must—\nbe in the approved form; and\nbe accompanied by—\na copy of the drinking water quality management plan; and\nthe fee prescribed under a regulation.\nThe drinking water quality management plan must—\nbe prepared in accordance with the guidelines, if any, made by the regulator about preparing the plan; and\nstate the registered services to which the plan applies; and\ninclude details of the infrastructure for providing the services; and\nidentify the hazards and hazardous events the drinking water service provider considers may affect the quality of water to which the services relate; and\ninclude an assessment of the risks posed by the hazards and hazardous events; and\ndemonstrate how the drinking water service provider intends to manage the risks posed by the hazards and hazardous events; and\ninclude details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for drinking water; and\nfor a plan prepared by the prescribed related entity of the relevant infrastructure owner—be accompanied by the owner’s written agreement to the plan.\ns 95 amd 2010 No. 20 s 122 ; 2013 No. 23 s 331\n(sec.95-ssec.1) Each drinking water service provider must prepare a drinking water quality management plan for the provider’s drinking water service and apply to the regulator for approval of the plan.\n(sec.95-ssec.2) The application must— be in the approved form; and be accompanied by— a copy of the drinking water quality management plan; and the fee prescribed under a regulation.\n(sec.95-ssec.3) The drinking water quality management plan must— be prepared in accordance with the guidelines, if any, made by the regulator about preparing the plan; and state the registered services to which the plan applies; and include details of the infrastructure for providing the services; and identify the hazards and hazardous events the drinking water service provider considers may affect the quality of water to which the services relate; and include an assessment of the risks posed by the hazards and hazardous events; and demonstrate how the drinking water service provider intends to manage the risks posed by the hazards and hazardous events; and include details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for drinking water; and for a plan prepared by the prescribed related entity of the relevant infrastructure owner—be accompanied by the owner’s written agreement to the plan.\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) a copy of the drinking water quality management plan; and (ii) the fee prescribed under a regulation.\n- (i) a copy of the drinking water quality management plan; and\n- (ii) the fee prescribed under a regulation.\n- (i) a copy of the drinking water quality management plan; and\n- (ii) the fee prescribed under a regulation.\n- (a) be prepared in accordance with the guidelines, if any, made by the regulator about preparing the plan; and\n- (b) state the registered services to which the plan applies; and\n- (c) include details of the infrastructure for providing the services; and\n- (d) identify the hazards and hazardous events the drinking water service provider considers may affect the quality of water to which the services relate; and\n- (e) include an assessment of the risks posed by the hazards and hazardous events; and\n- (f) demonstrate how the drinking water service provider intends to manage the risks posed by the hazards and hazardous events; and\n- (g) include details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for drinking water; and\n- (h) for a plan prepared by the prescribed related entity of the relevant infrastructure owner—be accompanied by the owner’s written agreement to the plan.","sortOrder":96},{"sectionNumber":"sec.96","sectionType":"section","heading":"Additional information may be required","content":"### sec.96 Additional information may be required\n\nThe regulator may, by notice, require either or both of the following (the recipient ) to give additional information about the drinking water quality management plan—\nthe drinking water service provider;\nif the drinking water service provider is the prescribed related entity of the relevant infrastructure owner—the owner.\ninformation about arrangements relating to the supply of water to or from the provider’s drinking water service\nIf the recipient fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.\nA requirement under this section is an information requirement .\ns 96 amd 2013 No. 23 s 332\n(sec.96-ssec.1) The regulator may, by notice, require either or both of the following (the recipient ) to give additional information about the drinking water quality management plan— the drinking water service provider; if the drinking water service provider is the prescribed related entity of the relevant infrastructure owner—the owner. information about arrangements relating to the supply of water to or from the provider’s drinking water service\n(sec.96-ssec.2) If the recipient fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.\n(sec.96-ssec.3) A requirement under this section is an information requirement .\n- (a) the drinking water service provider;\n- (b) if the drinking water service provider is the prescribed related entity of the relevant infrastructure owner—the owner.","sortOrder":97},{"sectionNumber":"sec.97","sectionType":"section","heading":"Regulator may obtain advice about application","content":"### sec.97 Regulator may obtain advice about application\n\nThe regulator may obtain advice from an advisory council or any other entity the regulator considers appropriate before deciding the application.","sortOrder":98},{"sectionNumber":"sec.98","sectionType":"section","heading":"Consideration of application","content":"### sec.98 Consideration of application\n\nThe regulator must consider each application and decide to approve, with or without conditions, or refuse to approve, the drinking water quality management plan—\nif an information requirement is not made in relation to the plan—within 3 months after receiving the plan; or\nif an information requirement is made in relation to the plan—within 3 months after the requirement has been complied with.\nIn considering an application, the regulator must have regard to the following—\nthe drinking water quality management plan and any additional information about the plan given to the regulator under section 96 ;\nthe guidelines, if any, made by the regulator about preparing the plan;\nany advice obtained by the regulator under section 97 ;\nthe water quality criteria for drinking water.\n(sec.98-ssec.1) The regulator must consider each application and decide to approve, with or without conditions, or refuse to approve, the drinking water quality management plan— if an information requirement is not made in relation to the plan—within 3 months after receiving the plan; or if an information requirement is made in relation to the plan—within 3 months after the requirement has been complied with.\n(sec.98-ssec.2) In considering an application, the regulator must have regard to the following— the drinking water quality management plan and any additional information about the plan given to the regulator under section 96 ; the guidelines, if any, made by the regulator about preparing the plan; any advice obtained by the regulator under section 97 ; the water quality criteria for drinking water.\n- (a) if an information requirement is not made in relation to the plan—within 3 months after receiving the plan; or\n- (b) if an information requirement is made in relation to the plan—within 3 months after the requirement has been complied with.\n- (a) the drinking water quality management plan and any additional information about the plan given to the regulator under section 96 ;\n- (b) the guidelines, if any, made by the regulator about preparing the plan;\n- (c) any advice obtained by the regulator under section 97 ;\n- (d) the water quality criteria for drinking water.","sortOrder":99},{"sectionNumber":"sec.99","sectionType":"section","heading":"Notice of decision","content":"### sec.99 Notice of decision\n\nWithin 10 business days after deciding the application, the regulator must give the drinking water service provider—\nif the decision is to approve the drinking water quality management plan without conditions—notice of the decision; or\nif the decision is to approve the plan with conditions, or refuse to approve the plan—an information notice for the decision.\nIf the regulator approves the drinking water quality management plan, the notice of the decision or information notice for the decision must state all of the following—\nthe conditions, if any, of the approval;\nthe intervals at which regular reviews of the approved plan must be conducted;\nif the regulator requires audits of the approved plan—the intervals at which the audits must be conducted.\nSee also section 108 in relation to auditing the drinking water quality management plan.\nAn interval mentioned in subsection (2) (b) must not be less than 1 year.\nAn interval mentioned in subsection (2) (c) must not be less than 2 years.\ns 99 amd 2014 No. 16 s 101 sch 1 ; 2023 No. 24 s 58\n(sec.99-ssec.1) Within 10 business days after deciding the application, the regulator must give the drinking water service provider— if the decision is to approve the drinking water quality management plan without conditions—notice of the decision; or if the decision is to approve the plan with conditions, or refuse to approve the plan—an information notice for the decision.\n(sec.99-ssec.2) If the regulator approves the drinking water quality management plan, the notice of the decision or information notice for the decision must state all of the following— the conditions, if any, of the approval; the intervals at which regular reviews of the approved plan must be conducted; if the regulator requires audits of the approved plan—the intervals at which the audits must be conducted. See also section 108 in relation to auditing the drinking water quality management plan.\n(sec.99-ssec.3) An interval mentioned in subsection (2) (b) must not be less than 1 year.\n(sec.99-ssec.4) An interval mentioned in subsection (2) (c) must not be less than 2 years.\n- (a) if the decision is to approve the drinking water quality management plan without conditions—notice of the decision; or\n- (b) if the decision is to approve the plan with conditions, or refuse to approve the plan—an information notice for the decision.\n- (a) the conditions, if any, of the approval;\n- (b) the intervals at which regular reviews of the approved plan must be conducted;\n- (c) if the regulator requires audits of the approved plan—the intervals at which the audits must be conducted. Note— See also section 108 in relation to auditing the drinking water quality management plan.","sortOrder":100},{"sectionNumber":"sec.99A","sectionType":"section","heading":"Amendment of drinking water quality management plan—agreement","content":"### sec.99A Amendment of drinking water quality management plan—agreement\n\nA drinking water service provider may, with the regulator’s agreement, amend the provider’s approved drinking water quality management plan if the amendment—\nis only to correct a minor error in the plan or make another change that is not a change of substance; or\nis to record a change of name or change of ownership of the provider.\nThe drinking water quality management plan as amended is taken to be the drinking water service provider’s approved drinking water quality management plan.\ns 99A ins 2014 No. 16 s 57\n(sec.99A-ssec.1) A drinking water service provider may, with the regulator’s agreement, amend the provider’s approved drinking water quality management plan if the amendment— is only to correct a minor error in the plan or make another change that is not a change of substance; or is to record a change of name or change of ownership of the provider.\n(sec.99A-ssec.2) The drinking water quality management plan as amended is taken to be the drinking water service provider’s approved drinking water quality management plan.\n- (a) is only to correct a minor error in the plan or make another change that is not a change of substance; or\n- (b) is to record a change of name or change of ownership of the provider.","sortOrder":101},{"sectionNumber":"sec.100","sectionType":"section","heading":"Amendment of drinking water quality management plan—application","content":"### sec.100 Amendment of drinking water quality management plan—application\n\nThis section applies if a drinking water service provider proposes to amend the provider’s approved drinking water quality management plan and the amendment is not an amendment mentioned in section 99A (1) .\nThe drinking water service provider must apply to the regulator for approval of the proposed amended drinking water quality management plan.\nSections 95 (2) and (3) and 96 to 99 apply to the application and the proposed amended drinking water quality management plan—\nas if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and\nas if a reference in the sections to the plan were a reference to the amended plan.\ns 100 amd 2013 No. 23 s 333 ; 2014 No. 16 s 58\n(sec.100-ssec.1) This section applies if a drinking water service provider proposes to amend the provider’s approved drinking water quality management plan and the amendment is not an amendment mentioned in section 99A (1) .\n(sec.100-ssec.2) The drinking water service provider must apply to the regulator for approval of the proposed amended drinking water quality management plan.\n(sec.100-ssec.3) Sections 95 (2) and (3) and 96 to 99 apply to the application and the proposed amended drinking water quality management plan— as if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and as if a reference in the sections to the plan were a reference to the amended plan.\n- (a) as if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and\n- (b) as if a reference in the sections to the plan were a reference to the amended plan.","sortOrder":102},{"sectionNumber":"sec.101","sectionType":"section","heading":"Amendment of drinking water quality management plan—requirement of regulator","content":"### sec.101 Amendment of drinking water quality management plan—requirement of regulator\n\nThe regulator may, under this section, require a drinking water service provider to amend the provider’s drinking water quality management plan if the regulator is satisfied the amendment is required to protect public health.\nBefore requiring the drinking water service provider to amend the drinking water quality management plan, the regulator must give the provider a show cause notice about the proposed amendment.\nIf, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must—\ngive the drinking water service provider a notice requiring the provider—\nto amend the drinking water quality management plan in the way stated in the notice; and\nto give the regulator a copy of the amended plan, within the reasonable period of at least 30 business days stated in the notice, for approval; and\ngive the drinking water service provider an information notice for the decision.\nThe drinking water service provider must comply with the notice mentioned in subsection (3) (a) .\nMaximum penalty—1,665 penalty units.\nIf the regulator is satisfied the drinking water quality management plan has been amended in the way stated in the notice mentioned in subsection (3) (a) —\nthe plan as amended is taken to be the approved plan; and\nthe regulator must give the drinking water service provider notice that the plan as amended is taken to be the approved plan.\nThe amended drinking water quality management plan takes effect from the day the notice mentioned in subsection (5) (b) is given to the drinking water service provider.\nIf, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the drinking water service provider notice that the plan need not be amended.\nIf the drinking water service provider is the prescribed related entity of the relevant infrastructure owner, the regulator must give the relevant infrastructure owner a copy of all the notices.\ns 101 amd 2013 No. 23 s 334\n(sec.101-ssec.1) The regulator may, under this section, require a drinking water service provider to amend the provider’s drinking water quality management plan if the regulator is satisfied the amendment is required to protect public health.\n(sec.101-ssec.2) Before requiring the drinking water service provider to amend the drinking water quality management plan, the regulator must give the provider a show cause notice about the proposed amendment.\n(sec.101-ssec.3) If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must— give the drinking water service provider a notice requiring the provider— to amend the drinking water quality management plan in the way stated in the notice; and to give the regulator a copy of the amended plan, within the reasonable period of at least 30 business days stated in the notice, for approval; and give the drinking water service provider an information notice for the decision.\n(sec.101-ssec.4) The drinking water service provider must comply with the notice mentioned in subsection (3) (a) . Maximum penalty—1,665 penalty units.\n(sec.101-ssec.5) If the regulator is satisfied the drinking water quality management plan has been amended in the way stated in the notice mentioned in subsection (3) (a) — the plan as amended is taken to be the approved plan; and the regulator must give the drinking water service provider notice that the plan as amended is taken to be the approved plan.\n(sec.101-ssec.6) The amended drinking water quality management plan takes effect from the day the notice mentioned in subsection (5) (b) is given to the drinking water service provider.\n(sec.101-ssec.7) If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the drinking water service provider notice that the plan need not be amended.\n(sec.101-ssec.8) If the drinking water service provider is the prescribed related entity of the relevant infrastructure owner, the regulator must give the relevant infrastructure owner a copy of all the notices.\n- (a) give the drinking water service provider a notice requiring the provider— (i) to amend the drinking water quality management plan in the way stated in the notice; and (ii) to give the regulator a copy of the amended plan, within the reasonable period of at least 30 business days stated in the notice, for approval; and\n- (i) to amend the drinking water quality management plan in the way stated in the notice; and\n- (ii) to give the regulator a copy of the amended plan, within the reasonable period of at least 30 business days stated in the notice, for approval; and\n- (b) give the drinking water service provider an information notice for the decision.\n- (i) to amend the drinking water quality management plan in the way stated in the notice; and\n- (ii) to give the regulator a copy of the amended plan, within the reasonable period of at least 30 business days stated in the notice, for approval; and\n- (a) the plan as amended is taken to be the approved plan; and\n- (b) the regulator must give the drinking water service provider notice that the plan as amended is taken to be the approved plan.","sortOrder":103},{"sectionNumber":"sec.102AA","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.102AA Application of sdiv 3\n\nThis subdivision applies to a drinking water service provider carrying out a drinking water service if there is an approved drinking water quality management plan for the drinking water service.\ns 102AA ins 2010 No. 20 s 124","sortOrder":104},{"sectionNumber":"sec.102","sectionType":"section","heading":"Notice of noncompliance with water quality criteria","content":"### sec.102 Notice of noncompliance with water quality criteria\n\nThis section applies if the drinking water service provider becomes aware that the quality of water supplied from the provider’s drinking water service does not comply with the water quality criteria relating to the service.\nThe drinking water service provider must, unless the provider has a reasonable excuse, immediately inform the regulator of the noncompliance and the circumstances that gave rise to the noncompliance.\nMaximum penalty—1,665 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\nThe drinking water service provider must, unless the provider has a reasonable excuse, give the regulator notice of the following in the approved form as soon as practicable—\nthe noncompliance and the circumstances that gave rise to the noncompliance;\nany action taken, or to be taken, by the provider to correct the noncompliance;\nthe measures the provider will take to prevent the noncompliance in the future.\nMaximum penalty for subsection (3) —200 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\ns 102 sub 2010 No. 20 s 124\namd 2013 No. 51 s 229 sch 1\n(sec.102-ssec.1) This section applies if the drinking water service provider becomes aware that the quality of water supplied from the provider’s drinking water service does not comply with the water quality criteria relating to the service.\n(sec.102-ssec.2) The drinking water service provider must, unless the provider has a reasonable excuse, immediately inform the regulator of the noncompliance and the circumstances that gave rise to the noncompliance. Maximum penalty—1,665 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\n(sec.102-ssec.3) The drinking water service provider must, unless the provider has a reasonable excuse, give the regulator notice of the following in the approved form as soon as practicable— the noncompliance and the circumstances that gave rise to the noncompliance; any action taken, or to be taken, by the provider to correct the noncompliance; the measures the provider will take to prevent the noncompliance in the future. Maximum penalty for subsection (3) —200 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\n- (a) the noncompliance and the circumstances that gave rise to the noncompliance;\n- (b) any action taken, or to be taken, by the provider to correct the noncompliance;\n- (c) the measures the provider will take to prevent the noncompliance in the future.","sortOrder":105},{"sectionNumber":"sec.102A","sectionType":"section","heading":"Notice of prescribed incident","content":"### sec.102A Notice of prescribed incident\n\nThis section applies if a drinking water service provider becomes aware a prescribed incident has happened in relation to the provider or the provider’s service.\nThe drinking water service provider must, unless the provider has a reasonable excuse, immediately inform the regulator of the prescribed incident.\nMaximum penalty—1,665 penalty units.\nThe drinking water service provider must, unless the provider has a reasonable excuse, give the regulator notice of the following in the approved form as soon as practicable—\nthe prescribed incident and the circumstances that gave rise to the incident;\nany action taken, or to be taken, by the provider relating to the prescribed incident;\nthe measures the provider will take to prevent the prescribed incident happening again in the future.\nMaximum penalty—200 penalty units.\nIn this section—\nprescribed incident means an incident prescribed under a regulation.\ns 102A ins 2010 No. 20 s 124\n(sec.102A-ssec.1) This section applies if a drinking water service provider becomes aware a prescribed incident has happened in relation to the provider or the provider’s service.\n(sec.102A-ssec.2) The drinking water service provider must, unless the provider has a reasonable excuse, immediately inform the regulator of the prescribed incident. Maximum penalty—1,665 penalty units.\n(sec.102A-ssec.3) The drinking water service provider must, unless the provider has a reasonable excuse, give the regulator notice of the following in the approved form as soon as practicable— the prescribed incident and the circumstances that gave rise to the incident; any action taken, or to be taken, by the provider relating to the prescribed incident; the measures the provider will take to prevent the prescribed incident happening again in the future. Maximum penalty—200 penalty units.\n(sec.102A-ssec.4) In this section— prescribed incident means an incident prescribed under a regulation.\n- (a) the prescribed incident and the circumstances that gave rise to the incident;\n- (b) any action taken, or to be taken, by the provider relating to the prescribed incident;\n- (c) the measures the provider will take to prevent the prescribed incident happening again in the future.","sortOrder":106},{"sectionNumber":"sec.102B","sectionType":"section","heading":"Self-incrimination not a reasonable excuse for sdiv 3","content":"### sec.102B Self-incrimination not a reasonable excuse for sdiv 3\n\nIt is not a reasonable excuse, under section 102 or 102A , for a drinking water service provider to fail to give the relevant information that giving the information might tend to incriminate the provider.\nIf the drinking water service provider is an individual, evidence of, or evidence directly or indirectly derived from, the relevant information that might tend to incriminate the provider is not admissible in evidence against the provider in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.\nIn this section—\nrelevant information means information given to the regulator under section 102 or 102A .\ns 102B ins 2010 No. 20 s 124\n(sec.102B-ssec.1) It is not a reasonable excuse, under section 102 or 102A , for a drinking water service provider to fail to give the relevant information that giving the information might tend to incriminate the provider.\n(sec.102B-ssec.2) If the drinking water service provider is an individual, evidence of, or evidence directly or indirectly derived from, the relevant information that might tend to incriminate the provider is not admissible in evidence against the provider in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.\n(sec.102B-ssec.3) In this section— relevant information means information given to the regulator under section 102 or 102A .","sortOrder":107},{"sectionNumber":"sec.103","sectionType":"section","heading":"Requirement about giving water quality information","content":"### sec.103 Requirement about giving water quality information\n\nThis section applies if a drinking water service provider obtains water for the provider’s drinking water service from a water storage or other infrastructure that is not part of a water service for which there is a drinking water quality management plan.\nThe drinking water service provider may, by notice given to the owner of the water storage or other infrastructure, ask the owner to give the drinking water service provider the information reasonably required by the provider about the quality of water in the water storage or infrastructure.\nThe notice must—\ninclude enough details about the information reasonably required to enable the owner of the water storage or other infrastructure to comply with the request; and\nstate the reasonable period within which the information must be given.\nThe owner of the water storage or other infrastructure must comply with the notice, unless the owner has a reasonable excuse.\nMaximum penalty—500 penalty units.\nThe owner of the water storage or other infrastructure may recover from the drinking water service provider the reasonable costs incurred by the owner in obtaining the information.\nThe owner of the water storage or other infrastructure may recover, as a debt due to the owner, any amount the owner is entitled to recover under subsection (5) .\n(sec.103-ssec.1) This section applies if a drinking water service provider obtains water for the provider’s drinking water service from a water storage or other infrastructure that is not part of a water service for which there is a drinking water quality management plan.\n(sec.103-ssec.2) The drinking water service provider may, by notice given to the owner of the water storage or other infrastructure, ask the owner to give the drinking water service provider the information reasonably required by the provider about the quality of water in the water storage or infrastructure.\n(sec.103-ssec.3) The notice must— include enough details about the information reasonably required to enable the owner of the water storage or other infrastructure to comply with the request; and state the reasonable period within which the information must be given.\n(sec.103-ssec.4) The owner of the water storage or other infrastructure must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.103-ssec.5) The owner of the water storage or other infrastructure may recover from the drinking water service provider the reasonable costs incurred by the owner in obtaining the information.\n(sec.103-ssec.6) The owner of the water storage or other infrastructure may recover, as a debt due to the owner, any amount the owner is entitled to recover under subsection (5) .\n- (a) include enough details about the information reasonably required to enable the owner of the water storage or other infrastructure to comply with the request; and\n- (b) state the reasonable period within which the information must be given.","sortOrder":108},{"sectionNumber":"sec.104","sectionType":"section","heading":"Requirement about operation of drinking water service","content":"### sec.104 Requirement about operation of drinking water service\n\nA drinking water service provider must ensure that there are persons engaged in the operation of the provider’s drinking water service who have the qualifications or experience prescribed under a regulation for section 586 (2) (d) (i) .\nMaximum penalty—1,665 penalty units.","sortOrder":109},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"Audit reports and reviews","content":"## Audit reports and reviews","sortOrder":110},{"sectionNumber":"sec.105","sectionType":"section","heading":"Meaning of auditor","content":"### sec.105 Meaning of auditor\n\nThis section applies in relation to—\nan audit of a service provider’s drinking water quality management plan; or\nan audit of data in a service provider’s performance report.\nA person is an auditor for the audit if the person—\nis not the provider or an employee of the provider; and\nif the provider is a prescribed related entity of a relevant infrastructure owner—is not the owner or an employee of the owner; and\nis not employed in the operation of the provider’s infrastructure.\nAlso, the person must—\nfor an audit mentioned in subsection (1) (a) —\nbe certified under the Drinking Water-Quality Management System Auditor Certification Scheme to audit drinking water quality management plans; or\nhave another qualification the regulator is satisfied is at least equivalent to the certification mentioned in subparagraph (i) ; or\nfor an audit mentioned in subsection (1) (b) —be suitably qualified.\ns 105 prev s 105 om 2014 No. 16 s 59\npres s 105 ins 2023 No. 24 s 59\n(sec.105-ssec.1) This section applies in relation to— an audit of a service provider’s drinking water quality management plan; or an audit of data in a service provider’s performance report.\n(sec.105-ssec.2) A person is an auditor for the audit if the person— is not the provider or an employee of the provider; and if the provider is a prescribed related entity of a relevant infrastructure owner—is not the owner or an employee of the owner; and is not employed in the operation of the provider’s infrastructure.\n(sec.105-ssec.3) Also, the person must— for an audit mentioned in subsection (1) (a) — be certified under the Drinking Water-Quality Management System Auditor Certification Scheme to audit drinking water quality management plans; or have another qualification the regulator is satisfied is at least equivalent to the certification mentioned in subparagraph (i) ; or for an audit mentioned in subsection (1) (b) —be suitably qualified.\n- (a) an audit of a service provider’s drinking water quality management plan; or\n- (b) an audit of data in a service provider’s performance report.\n- (a) is not the provider or an employee of the provider; and\n- (b) if the provider is a prescribed related entity of a relevant infrastructure owner—is not the owner or an employee of the owner; and\n- (c) is not employed in the operation of the provider’s infrastructure.\n- (a) for an audit mentioned in subsection (1) (a) — (i) be certified under the Drinking Water-Quality Management System Auditor Certification Scheme to audit drinking water quality management plans; or (ii) have another qualification the regulator is satisfied is at least equivalent to the certification mentioned in subparagraph (i) ; or\n- (i) be certified under the Drinking Water-Quality Management System Auditor Certification Scheme to audit drinking water quality management plans; or\n- (ii) have another qualification the regulator is satisfied is at least equivalent to the certification mentioned in subparagraph (i) ; or\n- (b) for an audit mentioned in subsection (1) (b) —be suitably qualified.\n- (i) be certified under the Drinking Water-Quality Management System Auditor Certification Scheme to audit drinking water quality management plans; or\n- (ii) have another qualification the regulator is satisfied is at least equivalent to the certification mentioned in subparagraph (i) ; or","sortOrder":111},{"sectionNumber":"sec.106","sectionType":"section","heading":"Reviewing plans","content":"### sec.106 Reviewing plans\n\nA service provider must regularly review the service provider’s drinking water quality management plan, in accordance with the notice given by the regulator under section 99 .\nMaximum penalty—500 penalty units.\nThe purpose of the review is to ensure the plan remains relevant having regard to the operation of the water service provided by the service provider.\ns 106 amd 2014 No. 16 s 60\n(sec.106-ssec.1) A service provider must regularly review the service provider’s drinking water quality management plan, in accordance with the notice given by the regulator under section 99 . Maximum penalty—500 penalty units.\n(sec.106-ssec.2) The purpose of the review is to ensure the plan remains relevant having regard to the operation of the water service provided by the service provider.","sortOrder":112},{"sectionNumber":"sec.107","sectionType":"section","heading":"Changing plans following review","content":"### sec.107 Changing plans following review\n\nSubsection (2) applies if a review of a drinking water quality management plan indicates the plan needs to be changed to reflect changes to the operation of the water service provided by the service provider.\nWithin 30 business days after the review ends, the service provider must—\namend the drinking water quality management plan to reflect the changes to the operation of the water service; and\napply to the regulator for approval of the amended plan.\nMaximum penalty—200 penalty units.\nThe amended drinking water quality management plan must indicate the way the plan has been amended.\nSections 95 (2) and (3) , and 96 to 99 apply to the application for approval of the amended drinking water quality management plan and the amended plan—\nas if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and\nas if a reference in the sections to the plan were a reference to the amended plan.\ns 107 amd 2013 No. 23 s 335 ; 2014 No. 16 s 61\n(sec.107-ssec.1) Subsection (2) applies if a review of a drinking water quality management plan indicates the plan needs to be changed to reflect changes to the operation of the water service provided by the service provider.\n(sec.107-ssec.2) Within 30 business days after the review ends, the service provider must— amend the drinking water quality management plan to reflect the changes to the operation of the water service; and apply to the regulator for approval of the amended plan. Maximum penalty—200 penalty units.\n(sec.107-ssec.3) The amended drinking water quality management plan must indicate the way the plan has been amended.\n(sec.107-ssec.4) Sections 95 (2) and (3) , and 96 to 99 apply to the application for approval of the amended drinking water quality management plan and the amended plan— as if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and as if a reference in the sections to the plan were a reference to the amended plan.\n- (a) amend the drinking water quality management plan to reflect the changes to the operation of the water service; and\n- (b) apply to the regulator for approval of the amended plan.\n- (a) as if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and\n- (b) as if a reference in the sections to the plan were a reference to the amended plan.","sortOrder":113},{"sectionNumber":"sec.108","sectionType":"section","heading":"Audits of drinking water quality management plans","content":"### sec.108 Audits of drinking water quality management plans\n\nThis section applies if, under section 99 , the regulator requires audits of a service provider’s drinking water quality management plan.\nThe service provider must, unless the provider has a reasonable excuse—\nhave the drinking water quality management plan audited, by an auditor, in accordance with the notice given by the regulator under section 99 ; and\nwithin 30 business days after each audit mentioned in paragraph (a) is completed, give the regulator a report about the audit that complies with subsection (3) (a drinking water quality management plan audit report ).\nMaximum penalty—500 penalty units.\nThe drinking water quality management plan audit report must—\nbe prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and\nverify whether the monitoring and performance data given to the regulator under the drinking water quality management plan is accurate; and\nassess—\nthe provider’s compliance with the plan and its conditions; and\nthe plan’s relevance to the provider’s drinking water service.\ns 108 sub 2014 No. 16 s 62 ; 2023 No. 24 s 60\n(sec.108-ssec.1) This section applies if, under section 99 , the regulator requires audits of a service provider’s drinking water quality management plan.\n(sec.108-ssec.2) The service provider must, unless the provider has a reasonable excuse— have the drinking water quality management plan audited, by an auditor, in accordance with the notice given by the regulator under section 99 ; and within 30 business days after each audit mentioned in paragraph (a) is completed, give the regulator a report about the audit that complies with subsection (3) (a drinking water quality management plan audit report ). Maximum penalty—500 penalty units.\n(sec.108-ssec.3) The drinking water quality management plan audit report must— be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and verify whether the monitoring and performance data given to the regulator under the drinking water quality management plan is accurate; and assess— the provider’s compliance with the plan and its conditions; and the plan’s relevance to the provider’s drinking water service.\n- (a) have the drinking water quality management plan audited, by an auditor, in accordance with the notice given by the regulator under section 99 ; and\n- (b) within 30 business days after each audit mentioned in paragraph (a) is completed, give the regulator a report about the audit that complies with subsection (3) (a drinking water quality management plan audit report ). Maximum penalty—500 penalty units.\n- (a) be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and\n- (b) verify whether the monitoring and performance data given to the regulator under the drinking water quality management plan is accurate; and\n- (c) assess— (i) the provider’s compliance with the plan and its conditions; and (ii) the plan’s relevance to the provider’s drinking water service.\n- (i) the provider’s compliance with the plan and its conditions; and\n- (ii) the plan’s relevance to the provider’s drinking water service.\n- (i) the provider’s compliance with the plan and its conditions; and\n- (ii) the plan’s relevance to the provider’s drinking water service.","sortOrder":114},{"sectionNumber":"sec.108A","sectionType":"section","heading":"Audits of particular performance reports","content":"### sec.108A Audits of particular performance reports\n\nThis section applies if the regulator reasonably believes that a service provider’s performance report for a particular financial year (the relevant financial year ) does not comply with section 142A (3) .\nThe regulator may, by written notice, require the service provider to have the data in the performance report audited.\nIf the service provider is given a notice under subsection (2) , the provider must, unless the provider has a reasonable excuse—\nhave the data in performance report audited by an auditor; and\ngive the regulator a report about the audit that complies with subsection (4) (a performance audit report ) on or before the later of the following days—\n1 October immediately after the relevant financial year ends;\nthe day that is 30 days after the provider receives the notice.\nMaximum penalty—500 penalty units.\nThe performance audit report must—\nbe prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and\nfor each KPI the performance report is about—include the data for the KPI submitted in the performance report under section 142A (3) (d) ; and\nverify whether the data audited for the relevant financial year is accurate.\nWithout limiting subsection (3) , the service provider is taken to comply with that subsection if—\nan audit process under another Act would, if complied with by the provider, require the provider to give the regulator a document containing the verification mentioned in subsection (4) (c) ; and\nthe provider complies with the audit process.\ns 108A ins 2014 No. 16 s 62\nsub 2023 No. 24 s 60\n(sec.108A-ssec.1) This section applies if the regulator reasonably believes that a service provider’s performance report for a particular financial year (the relevant financial year ) does not comply with section 142A (3) .\n(sec.108A-ssec.2) The regulator may, by written notice, require the service provider to have the data in the performance report audited.\n(sec.108A-ssec.3) If the service provider is given a notice under subsection (2) , the provider must, unless the provider has a reasonable excuse— have the data in performance report audited by an auditor; and give the regulator a report about the audit that complies with subsection (4) (a performance audit report ) on or before the later of the following days— 1 October immediately after the relevant financial year ends; the day that is 30 days after the provider receives the notice. Maximum penalty—500 penalty units.\n(sec.108A-ssec.4) The performance audit report must— be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and for each KPI the performance report is about—include the data for the KPI submitted in the performance report under section 142A (3) (d) ; and verify whether the data audited for the relevant financial year is accurate.\n(sec.108A-ssec.5) Without limiting subsection (3) , the service provider is taken to comply with that subsection if— an audit process under another Act would, if complied with by the provider, require the provider to give the regulator a document containing the verification mentioned in subsection (4) (c) ; and the provider complies with the audit process.\n- (a) have the data in performance report audited by an auditor; and\n- (b) give the regulator a report about the audit that complies with subsection (4) (a performance audit report ) on or before the later of the following days— (i) 1 October immediately after the relevant financial year ends; (ii) the day that is 30 days after the provider receives the notice.\n- (i) 1 October immediately after the relevant financial year ends;\n- (ii) the day that is 30 days after the provider receives the notice.\n- (i) 1 October immediately after the relevant financial year ends;\n- (ii) the day that is 30 days after the provider receives the notice.\n- (a) be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and\n- (b) for each KPI the performance report is about—include the data for the KPI submitted in the performance report under section 142A (3) (d) ; and\n- (c) verify whether the data audited for the relevant financial year is accurate.\n- (a) an audit process under another Act would, if complied with by the provider, require the provider to give the regulator a document containing the verification mentioned in subsection (4) (c) ; and\n- (b) the provider complies with the audit process.","sortOrder":115},{"sectionNumber":"sec.109","sectionType":"section","heading":"Declarations about reports under this division","content":"### sec.109 Declarations about reports under this division\n\nA report under this division must be accompanied by a statutory declaration by the service provider and the auditor who prepared the report.\nThe service provider’s declaration must be made—\nif the service provider is an individual—by the service provider; or\nif the service provider is a corporation—by an executive officer of the corporation.\nThe service provider’s declaration must state that the service provider—\nhas not knowingly given any false or misleading information to the auditor; and\nhas given all relevant information to the auditor.\nThe auditor’s declaration must—\nstate the auditor’s qualifications and experience relevant to the audit; and\nstate that the auditor has not knowingly included any false, misleading or incomplete information in the report; and\nstate that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and\ncertify that—\nthe report addresses the relevant matters for the evaluation and is factually correct; and\nthe opinions expressed in it are honestly and reasonably held.\nIf, under section 108A (5) , the service provider is taken to comply with section 108A (3) , this section applies as if—\na reference to an audit were a reference to the audit process mentioned in section 108A (5) (a) ; and\na reference to a report were a reference to the document mentioned in section 108A (5) (a) ; and\na reference to the auditor were a reference to the person who prepared the document mentioned in section 108A (5) (a) .\ns 109 amd 2014 No. 16 s 63 ; 2023 No. 24 s 61\n(sec.109-ssec.1) A report under this division must be accompanied by a statutory declaration by the service provider and the auditor who prepared the report.\n(sec.109-ssec.2) The service provider’s declaration must be made— if the service provider is an individual—by the service provider; or if the service provider is a corporation—by an executive officer of the corporation.\n(sec.109-ssec.3) The service provider’s declaration must state that the service provider— has not knowingly given any false or misleading information to the auditor; and has given all relevant information to the auditor.\n(sec.109-ssec.4) The auditor’s declaration must— state the auditor’s qualifications and experience relevant to the audit; and state that the auditor has not knowingly included any false, misleading or incomplete information in the report; and state that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and certify that— the report addresses the relevant matters for the evaluation and is factually correct; and the opinions expressed in it are honestly and reasonably held.\n(sec.109-ssec.5) If, under section 108A (5) , the service provider is taken to comply with section 108A (3) , this section applies as if— a reference to an audit were a reference to the audit process mentioned in section 108A (5) (a) ; and a reference to a report were a reference to the document mentioned in section 108A (5) (a) ; and a reference to the auditor were a reference to the person who prepared the document mentioned in section 108A (5) (a) .\n- (a) if the service provider is an individual—by the service provider; or\n- (b) if the service provider is a corporation—by an executive officer of the corporation.\n- (a) has not knowingly given any false or misleading information to the auditor; and\n- (b) has given all relevant information to the auditor.\n- (a) state the auditor’s qualifications and experience relevant to the audit; and\n- (b) state that the auditor has not knowingly included any false, misleading or incomplete information in the report; and\n- (c) state that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and\n- (d) certify that— (i) the report addresses the relevant matters for the evaluation and is factually correct; and (ii) the opinions expressed in it are honestly and reasonably held.\n- (i) the report addresses the relevant matters for the evaluation and is factually correct; and\n- (ii) the opinions expressed in it are honestly and reasonably held.\n- (i) the report addresses the relevant matters for the evaluation and is factually correct; and\n- (ii) the opinions expressed in it are honestly and reasonably held.\n- (a) a reference to an audit were a reference to the audit process mentioned in section 108A (5) (a) ; and\n- (b) a reference to a report were a reference to the document mentioned in section 108A (5) (a) ; and\n- (c) a reference to the auditor were a reference to the person who prepared the document mentioned in section 108A (5) (a) .","sortOrder":116},{"sectionNumber":"sec.110","sectionType":"section","heading":"Spot audits of plans","content":"### sec.110 Spot audits of plans\n\nSubsection (2) applies if—\nthe regulator is satisfied, or reasonably believes—\na service provider is not complying with its drinking water quality management plan; or\na service provider’s drinking water quality management plan is no longer adequate for its registered services; or\na service provider does not give the regulator a drinking water quality management plan audit report under section 108 (2) (b) .\nIn addition to any audit mentioned in section 108 , the regulator may, by giving a service provider a show cause notice, arrange for a spot audit report to be prepared about the service provider’s drinking water quality management plan.\nThe spot audit report for a drinking water quality management plan must be prepared by an auditor.\nThe regulator must give the service provider a copy of the report within 30 business days after its completion.\nSubsections (6) to (8) apply if the report states either or both of the following—\nthe service provider’s drinking water quality management plan is inadequate in a material particular;\nthe service provider has not properly carried out the plan.\nThe regulator must give the service provider an information notice requiring the service provider, within the reasonable period stated in the notice—\nif subsection (5) (a) applies—to rectify the inadequacy; or\nif subsection (5) (b) applies—to properly carry out the plan.\nThe service provider must comply with the notice unless the service provider has a reasonable excuse.\nMaximum penalty—1,665 penalty units.\nThe regulator may recover from the service provider an amount equal to the cost of completing the report.\ns 110 amd 2014 No. 16 s 64 ; 2023 No. 24 s 62\n(sec.110-ssec.1) Subsection (2) applies if— the regulator is satisfied, or reasonably believes— a service provider is not complying with its drinking water quality management plan; or a service provider’s drinking water quality management plan is no longer adequate for its registered services; or a service provider does not give the regulator a drinking water quality management plan audit report under section 108 (2) (b) .\n(sec.110-ssec.2) In addition to any audit mentioned in section 108 , the regulator may, by giving a service provider a show cause notice, arrange for a spot audit report to be prepared about the service provider’s drinking water quality management plan.\n(sec.110-ssec.3) The spot audit report for a drinking water quality management plan must be prepared by an auditor.\n(sec.110-ssec.4) The regulator must give the service provider a copy of the report within 30 business days after its completion.\n(sec.110-ssec.5) Subsections (6) to (8) apply if the report states either or both of the following— the service provider’s drinking water quality management plan is inadequate in a material particular; the service provider has not properly carried out the plan.\n(sec.110-ssec.6) The regulator must give the service provider an information notice requiring the service provider, within the reasonable period stated in the notice— if subsection (5) (a) applies—to rectify the inadequacy; or if subsection (5) (b) applies—to properly carry out the plan.\n(sec.110-ssec.7) The service provider must comply with the notice unless the service provider has a reasonable excuse. Maximum penalty—1,665 penalty units.\n(sec.110-ssec.8) The regulator may recover from the service provider an amount equal to the cost of completing the report.\n- (a) the regulator is satisfied, or reasonably believes— (i) a service provider is not complying with its drinking water quality management plan; or (ii) a service provider’s drinking water quality management plan is no longer adequate for its registered services; or\n- (i) a service provider is not complying with its drinking water quality management plan; or\n- (ii) a service provider’s drinking water quality management plan is no longer adequate for its registered services; or\n- (b) a service provider does not give the regulator a drinking water quality management plan audit report under section 108 (2) (b) .\n- (i) a service provider is not complying with its drinking water quality management plan; or\n- (ii) a service provider’s drinking water quality management plan is no longer adequate for its registered services; or\n- (a) the service provider’s drinking water quality management plan is inadequate in a material particular;\n- (b) the service provider has not properly carried out the plan.\n- (a) if subsection (5) (a) applies—to rectify the inadequacy; or\n- (b) if subsection (5) (b) applies—to properly carry out the plan.","sortOrder":117},{"sectionNumber":"sec.111","sectionType":"section","heading":"Declarations about spot audit report","content":"### sec.111 Declarations about spot audit report\n\nThe spot audit report submitted to the regulator must be accompanied by a statutory declaration by the auditor.\nThe declaration must state the matters mentioned in section 109 (4) .\n(sec.111-ssec.1) The spot audit report submitted to the regulator must be accompanied by a statutory declaration by the auditor.\n(sec.111-ssec.2) The declaration must state the matters mentioned in section 109 (4) .","sortOrder":118},{"sectionNumber":"sec.112","sectionType":"section","heading":"Access for conducting audit reports","content":"### sec.112 Access for conducting audit reports\n\nFor conducting an audit under this division, a service provider must give the following persons free and uninterrupted access to the service provider’s infrastructure and any records relating to the infrastructure—\nthe auditor;\nany person employed or authorised by the auditor to participate in conducting the audit.\nMaximum penalty—200 penalty units.\nHowever, the auditor and any person employed or authorised by the auditor to participate in the conduct of the audit must not enter the premises of a customer of the service provider unless the customer agrees to the entry.\nIf the service provider is the prescribed related entity of the relevant infrastructure owner, subsection (1) also applies to the owner as if the reference in the subsection to a service provider were a reference to the owner.\ns 112 amd 2013 No. 23 s 336 ; 2014 No. 16 s 101 sch 1\n(sec.112-ssec.1) For conducting an audit under this division, a service provider must give the following persons free and uninterrupted access to the service provider’s infrastructure and any records relating to the infrastructure— the auditor; any person employed or authorised by the auditor to participate in conducting the audit. Maximum penalty—200 penalty units.\n(sec.112-ssec.2) However, the auditor and any person employed or authorised by the auditor to participate in the conduct of the audit must not enter the premises of a customer of the service provider unless the customer agrees to the entry.\n(sec.112-ssec.3) If the service provider is the prescribed related entity of the relevant infrastructure owner, subsection (1) also applies to the owner as if the reference in the subsection to a service provider were a reference to the owner.\n- (a) the auditor;\n- (b) any person employed or authorised by the auditor to participate in conducting the audit.","sortOrder":119},{"sectionNumber":"ch.2-pt.4-div","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":120},{"sectionNumber":"ch.2-pt.4-div.3","sectionType":"division","heading":"Customer service standards","content":"## Customer service standards","sortOrder":121},{"sectionNumber":"sec.113","sectionType":"section","heading":"Purpose of div 3","content":"### sec.113 Purpose of div 3\n\nThe purpose of this division is to ensure customers who do not have a contract with the service provider for the supply of registered services (a service contract ) are protected by standards relating to the supply.\ns 113 amd 2014 No. 16 s 101 sch 1","sortOrder":122},{"sectionNumber":"sec.114","sectionType":"section","heading":"Application of div 3","content":"### sec.114 Application of div 3\n\nThis division applies to a service provider if the service provider does not have a service contract with all of its customers.\nSections 118 and 119 do not apply to a service provider that is an agency to which the Ombudsman Act 2001 applies.\nThis division, other than this subsection, does not apply to a service provider that is a distributor-retailer or a withdrawn SEQ council.\nFor the rights and obligations of customers of a distributor-retailer or a withdrawn SEQ council, see the South-East Queensland (Distribution and Retail Restructuring) Act 2009 , chapter 4 , part 4 and the customer water and wastewater code made under that Act.\nAlso, this division does not apply to a service provider that is not a relevant service provider.\ns 114 amd 2010 No. 53 s 209 ; 2012 No. 1 s 101 ; 2014 No. 16 s 65\n(sec.114-ssec.1) This division applies to a service provider if the service provider does not have a service contract with all of its customers.\n(sec.114-ssec.2) Sections 118 and 119 do not apply to a service provider that is an agency to which the Ombudsman Act 2001 applies.\n(sec.114-ssec.3) This division, other than this subsection, does not apply to a service provider that is a distributor-retailer or a withdrawn SEQ council. For the rights and obligations of customers of a distributor-retailer or a withdrawn SEQ council, see the South-East Queensland (Distribution and Retail Restructuring) Act 2009 , chapter 4 , part 4 and the customer water and wastewater code made under that Act.\n(sec.114-ssec.4) Also, this division does not apply to a service provider that is not a relevant service provider.","sortOrder":123},{"sectionNumber":"sec.115","sectionType":"section","heading":"Preparing customer service standards","content":"### sec.115 Preparing customer service standards\n\nThe service provider must—\nprepare a proposed customer service standard for the supply of its registered service; and\npublish the proposed customer service standard.\nAny person may make submissions to the service provider about the proposed customer service standard within the period set by the service provider.\nThe service provider must prepare the final customer service standard for the supply of its registered service after considering all submissions made to the provider about the proposed customer service standard.\nThe service provider must prepare the final customer service standard under subsection (3) within 6 months after being registered as a service provider.\nFor a service provider that prepared a customer service standard before the commencement of this section, see section 661 .\ns 115 amd 2013 No. 23 s 337\nsub 2014 No. 16 s 66\n(sec.115-ssec.1) The service provider must— prepare a proposed customer service standard for the supply of its registered service; and publish the proposed customer service standard.\n(sec.115-ssec.2) Any person may make submissions to the service provider about the proposed customer service standard within the period set by the service provider.\n(sec.115-ssec.3) The service provider must prepare the final customer service standard for the supply of its registered service after considering all submissions made to the provider about the proposed customer service standard.\n(sec.115-ssec.4) The service provider must prepare the final customer service standard under subsection (3) within 6 months after being registered as a service provider. For a service provider that prepared a customer service standard before the commencement of this section, see section 661 .\n- (a) prepare a proposed customer service standard for the supply of its registered service; and\n- (b) publish the proposed customer service standard.","sortOrder":124},{"sectionNumber":"sec.116","sectionType":"section","heading":"Content of customer service standard","content":"### sec.116 Content of customer service standard\n\nThe service provider’s customer service standard must state—\na target for the level of service to be provided for the CSS KPIs; and\nthe process for service connections, billing, metering, accounting, customer consultation, complaints and dispute resolution.\nIf the service provider’s infrastructure contains separate schemes to which different CSS KPIs apply, the customer service standard may include different parts for each scheme.\nIn this section—\nCSS KPI , for a service provider, means only those KPIs, for the service provider, stated in a notice about the provider’s customer service standard given to the provider by the regulator under this section.\ns 116 sub 2014 No. 16 s 66\n(sec.116-ssec.1) The service provider’s customer service standard must state— a target for the level of service to be provided for the CSS KPIs; and the process for service connections, billing, metering, accounting, customer consultation, complaints and dispute resolution.\n(sec.116-ssec.2) If the service provider’s infrastructure contains separate schemes to which different CSS KPIs apply, the customer service standard may include different parts for each scheme.\n(sec.116-ssec.3) In this section— CSS KPI , for a service provider, means only those KPIs, for the service provider, stated in a notice about the provider’s customer service standard given to the provider by the regulator under this section.\n- (a) a target for the level of service to be provided for the CSS KPIs; and\n- (b) the process for service connections, billing, metering, accounting, customer consultation, complaints and dispute resolution.","sortOrder":125},{"sectionNumber":"sec.117","sectionType":"section","heading":"Complying with customer service standard","content":"### sec.117 Complying with customer service standard\n\nThe service provider must comply with the customer service standard when supplying services to the service provider’s customers who do not have a service contract.","sortOrder":126},{"sectionNumber":"sec.118","sectionType":"section","heading":"Customer complaints","content":"### sec.118 Customer complaints\n\nThis section applies if—\na customer who does not have a service contract considers—\nthere is a significant deficiency in the customer service standard; or\nthe service provider has not complied with the standard; and\nthe customer can not resolve the complaint through negotiation with the service provider.\nThe customer may give the regulator notice of the complaint.\nIf the customer gives the regulator a notice under subsection (2) , the regulator must—\ngive the service provider a copy of the notice; and\ninquire into the matter.\nAfter inquiring into the matter, the regulator must give the service provider a notice—\nif the service provider has not complied with the service provider’s customer service standard—requiring the service provider to comply with the standard; or\nif the complaint highlights a deficiency in the standard—requiring the service provider to revise the standard; or\nif the regulator is satisfied no action is required in relation to the complaint—stating that the regulator will not take any further action.\nThe notice is taken to be a compliance notice to which section 465 (4) does not apply.\nThe regulator must give the customer an information notice about the action taken under subsection (4) .\n(sec.118-ssec.1) This section applies if— a customer who does not have a service contract considers— there is a significant deficiency in the customer service standard; or the service provider has not complied with the standard; and the customer can not resolve the complaint through negotiation with the service provider.\n(sec.118-ssec.2) The customer may give the regulator notice of the complaint.\n(sec.118-ssec.3) If the customer gives the regulator a notice under subsection (2) , the regulator must— give the service provider a copy of the notice; and inquire into the matter.\n(sec.118-ssec.4) After inquiring into the matter, the regulator must give the service provider a notice— if the service provider has not complied with the service provider’s customer service standard—requiring the service provider to comply with the standard; or if the complaint highlights a deficiency in the standard—requiring the service provider to revise the standard; or if the regulator is satisfied no action is required in relation to the complaint—stating that the regulator will not take any further action.\n(sec.118-ssec.5) The notice is taken to be a compliance notice to which section 465 (4) does not apply.\n(sec.118-ssec.6) The regulator must give the customer an information notice about the action taken under subsection (4) .\n- (a) a customer who does not have a service contract considers— (i) there is a significant deficiency in the customer service standard; or (ii) the service provider has not complied with the standard; and\n- (i) there is a significant deficiency in the customer service standard; or\n- (ii) the service provider has not complied with the standard; and\n- (b) the customer can not resolve the complaint through negotiation with the service provider.\n- (i) there is a significant deficiency in the customer service standard; or\n- (ii) the service provider has not complied with the standard; and\n- (a) give the service provider a copy of the notice; and\n- (b) inquire into the matter.\n- (a) if the service provider has not complied with the service provider’s customer service standard—requiring the service provider to comply with the standard; or\n- (b) if the complaint highlights a deficiency in the standard—requiring the service provider to revise the standard; or\n- (c) if the regulator is satisfied no action is required in relation to the complaint—stating that the regulator will not take any further action.","sortOrder":127},{"sectionNumber":"sec.119","sectionType":"section","heading":"Revising customer service standard","content":"### sec.119 Revising customer service standard\n\nIf, under section 118 , the regulator requires the service provider to revise the customer service standard, the service provider must revise the standard having regard to the complaint.\ns 119 amd 2013 No. 23 s 338 ; 2014 No. 16 s 67","sortOrder":128},{"sectionNumber":"sec.120","sectionType":"section","heading":"Reviewing customer service standard","content":"### sec.120 Reviewing customer service standard\n\nThe service provider must review the customer service standard at least every 5 years.\nIf, because of the review, the service provider changes the standard, the service provider must comply with section 115 .\nFor subsection (2) , section 115 applies as if the 6-month period mentioned in section 115 (4) were 6 months after the completion of the review.\ns 120 amd 2013 No. 23 s 339 ; 2014 No. 16 s 68 ; 2023 No. 24 s 63\n(sec.120-ssec.1) The service provider must review the customer service standard at least every 5 years.\n(sec.120-ssec.2) If, because of the review, the service provider changes the standard, the service provider must comply with section 115 .\n(sec.120-ssec.3) For subsection (2) , section 115 applies as if the 6-month period mentioned in section 115 (4) were 6 months after the completion of the review.","sortOrder":129},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 om 2014 No. 16 s 69","sortOrder":130},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 amd 2012 No. 29 s 23\nom 2014 No. 16 s 69","sortOrder":131},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 amd 2010 No. 20 s 125 ; 2012 No. 29 s 24 ; 2013 No. 23 s 340\nom 2014 No. 16 s 69","sortOrder":132},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 om 2014 No. 16 s 69","sortOrder":133},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 sub 2010 No. 20 s 126\nom 2014 No. 16 s 69","sortOrder":134},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2014 No. 16 s 69","sortOrder":135},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2014 No. 16 s 69","sortOrder":136},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2014 No. 16 s 69","sortOrder":137},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 amd 2013 No. 23 s 341\nom 2014 No. 16 s 69","sortOrder":138},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 om 2014 No. 16 s 69","sortOrder":139},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 om 2010 No. 20 s 127","sortOrder":140},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 amd 2012 No. 39 s 93\nom 2014 No. 16 s 69","sortOrder":141},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 amd 2011 No. 8 s 117 ; 2012 No. 29 s 25\nom 2014 No. 16 s 69","sortOrder":142},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 om 2014 No. 16 s 69","sortOrder":143},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 om 2014 No. 16 s 69","sortOrder":144},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 om 2014 No. 16 s 69","sortOrder":145},{"sectionNumber":"ch.2-pt.4-div.4","sectionType":"division","heading":"Other service provider obligations","content":"## Other service provider obligations","sortOrder":146},{"sectionNumber":"sec.137","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.137 Application of sdiv 1\n\nThis subdivision applies if—\na water service provider provides a retail water service to residential premises; and\nthe supply of water to the premises is measured and charged by the water service provider, or a related local government, only in relation to the premises; and\nthe premises are not common property under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 .\n- (a) a water service provider provides a retail water service to residential premises; and\n- (b) the supply of water to the premises is measured and charged by the water service provider, or a related local government, only in relation to the premises; and\n- (c) the premises are not common property under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 .","sortOrder":147},{"sectionNumber":"sec.138","sectionType":"section","heading":"Guidelines for rate notice or account for supply of water to residential premises","content":"### sec.138 Guidelines for rate notice or account for supply of water to residential premises\n\nA rate notice or account issued by the water service provider, or the related local government, for the supply of water to the residential premises, must comply with guidelines made by the regulator.\nThe guidelines may state—\nthe frequency at which a rate notice or account must be issued for the supply of water to residential premises; and\nthe type of information to be included in the rate notice or account about the volume of water supplied to the premises during each billing period for the premises.\nThis section applies despite the requirements for levying rates under the Local Government Act .\nSubsection (5) applies for a service provider that is a withdrawn SEQ council.\nIf there is any conflict between the guidelines and any requirement under the 2009 restructuring Act for a rate notice or account, the guidelines and subsection (1) do not apply to the extent of the conflict.\ns 138 amd 2010 No. 20 s 128 ; 2009 No. 17 s 331 sch 1 ; 2012 No. 1 s 102 ; 2012 No. 39 s 94\n(sec.138-ssec.1) A rate notice or account issued by the water service provider, or the related local government, for the supply of water to the residential premises, must comply with guidelines made by the regulator.\n(sec.138-ssec.2) The guidelines may state— the frequency at which a rate notice or account must be issued for the supply of water to residential premises; and the type of information to be included in the rate notice or account about the volume of water supplied to the premises during each billing period for the premises.\n(sec.138-ssec.3) This section applies despite the requirements for levying rates under the Local Government Act .\n(sec.138-ssec.4) Subsection (5) applies for a service provider that is a withdrawn SEQ council.\n(sec.138-ssec.5) If there is any conflict between the guidelines and any requirement under the 2009 restructuring Act for a rate notice or account, the guidelines and subsection (1) do not apply to the extent of the conflict.\n- (a) the frequency at which a rate notice or account must be issued for the supply of water to residential premises; and\n- (b) the type of information to be included in the rate notice or account about the volume of water supplied to the premises during each billing period for the premises.","sortOrder":148},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 amd 2009 No. 17 s 331 sch 1 ; 2012 No. 39 s 95\nom 2014 No. 16 s 70","sortOrder":149},{"sectionNumber":"sec.140","sectionType":"section","heading":"Service provider to give information about water usage","content":"### sec.140 Service provider to give information about water usage\n\nThis section applies to premises if—\na building located on the premises includes more than 1 sole-occupancy unit; and\nafter 1 January 2008 meters are installed in relation to a compliance request made under the repealed Plumbing and Drainage Act 2002 or under a permit under the Plumbing and Drainage Act 2018 after 31 December 2007—\nfor measuring the supply of water to each sole-occupancy unit; and\non infrastructure that supplies retail water services for the premises.\nA rate notice or account issued by a water service provider or a related local government for the provision of a retail water service to the premises must—\nstate the volume of water supplied through each meter during each billing period for the premises; and\nthe amount of the total charge for the retail water service that relates to the volume of water supplied through each meter.\nIn this section—\nBuilding Code of Australia see the Building Act 1975 , section 12 .\npremises does not include scheme land under the Body Corporate and Community Management Act 1997 .\nsole-occupancy unit , in relation to a building, means—\na room or other part of the building for occupation by one or a joint owner, lessee, tenant, or other occupier to the exclusion of any other owner, lessee, tenant, or other occupier, including, for example—\na dwelling; or\na room or suite of associated rooms in a building classified under the Building Code of Australia as a class 2, 4, 5, 6, 7 or 8 building; or\nany part of the building that is a common area.\ns 140 amd 2018 No. 17 s 197 sch 2\n(sec.140-ssec.1) This section applies to premises if— a building located on the premises includes more than 1 sole-occupancy unit; and after 1 January 2008 meters are installed in relation to a compliance request made under the repealed Plumbing and Drainage Act 2002 or under a permit under the Plumbing and Drainage Act 2018 after 31 December 2007— for measuring the supply of water to each sole-occupancy unit; and on infrastructure that supplies retail water services for the premises.\n(sec.140-ssec.2) A rate notice or account issued by a water service provider or a related local government for the provision of a retail water service to the premises must— state the volume of water supplied through each meter during each billing period for the premises; and the amount of the total charge for the retail water service that relates to the volume of water supplied through each meter.\n(sec.140-ssec.3) In this section— Building Code of Australia see the Building Act 1975 , section 12 . premises does not include scheme land under the Body Corporate and Community Management Act 1997 . sole-occupancy unit , in relation to a building, means— a room or other part of the building for occupation by one or a joint owner, lessee, tenant, or other occupier to the exclusion of any other owner, lessee, tenant, or other occupier, including, for example— a dwelling; or a room or suite of associated rooms in a building classified under the Building Code of Australia as a class 2, 4, 5, 6, 7 or 8 building; or any part of the building that is a common area.\n- (a) a building located on the premises includes more than 1 sole-occupancy unit; and\n- (b) after 1 January 2008 meters are installed in relation to a compliance request made under the repealed Plumbing and Drainage Act 2002 or under a permit under the Plumbing and Drainage Act 2018 after 31 December 2007— (i) for measuring the supply of water to each sole-occupancy unit; and (ii) on infrastructure that supplies retail water services for the premises.\n- (i) for measuring the supply of water to each sole-occupancy unit; and\n- (ii) on infrastructure that supplies retail water services for the premises.\n- (i) for measuring the supply of water to each sole-occupancy unit; and\n- (ii) on infrastructure that supplies retail water services for the premises.\n- (a) state the volume of water supplied through each meter during each billing period for the premises; and\n- (b) the amount of the total charge for the retail water service that relates to the volume of water supplied through each meter.\n- (a) a room or other part of the building for occupation by one or a joint owner, lessee, tenant, or other occupier to the exclusion of any other owner, lessee, tenant, or other occupier, including, for example— (i) a dwelling; or (ii) a room or suite of associated rooms in a building classified under the Building Code of Australia as a class 2, 4, 5, 6, 7 or 8 building; or\n- (i) a dwelling; or\n- (ii) a room or suite of associated rooms in a building classified under the Building Code of Australia as a class 2, 4, 5, 6, 7 or 8 building; or\n- (b) any part of the building that is a common area.\n- (i) a dwelling; or\n- (ii) a room or suite of associated rooms in a building classified under the Building Code of Australia as a class 2, 4, 5, 6, 7 or 8 building; or","sortOrder":150},{"sectionNumber":"ch.2-pt.4-div.5","sectionType":"division","heading":"Reporting for particular financial years","content":"## Reporting for particular financial years","sortOrder":151},{"sectionNumber":"sec.141","sectionType":"section","heading":"Notices about reports","content":"### sec.141 Notices about reports\n\nThe regulator may give a relevant service provider a notice requiring the inclusion of information in the provider’s drinking water service annual report or performance report (a report requirement ).\nA report requirement must state—\nfor a drinking water service annual report—the information about compliance with the plan that must be included in the report; or\nfor a performance report—\nthe KPIs that must be included in the report; and\nthe way in which the report must include data for each KPI.\ns 141 amd 2009 No. 9 s 136 sch 1 ; 2009 No. 17 s 331 sch 1 ; 2011 No. 8 s 118\nsub 2014 No. 16 s 71\namd 2023 No. 24 s 75 s ch 1 pt 1\n(sec.141-ssec.1) The regulator may give a relevant service provider a notice requiring the inclusion of information in the provider’s drinking water service annual report or performance report (a report requirement ).\n(sec.141-ssec.2) A report requirement must state— for a drinking water service annual report—the information about compliance with the plan that must be included in the report; or for a performance report— the KPIs that must be included in the report; and the way in which the report must include data for each KPI.\n- (a) for a drinking water service annual report—the information about compliance with the plan that must be included in the report; or\n- (b) for a performance report— (i) the KPIs that must be included in the report; and (ii) the way in which the report must include data for each KPI.\n- (i) the KPIs that must be included in the report; and\n- (ii) the way in which the report must include data for each KPI.\n- (i) the KPIs that must be included in the report; and\n- (ii) the way in which the report must include data for each KPI.","sortOrder":152},{"sectionNumber":"sec.142","sectionType":"section","heading":"Drinking water service annual reports","content":"### sec.142 Drinking water service annual reports\n\nThis section applies for each financial year after a financial year in which a relevant service provider’s drinking water quality management plan has been approved.\nThe provider must, unless the provider has a reasonable excuse—\nprepare a report (a drinking water service annual report ) for the financial year complying with this section and, if section 142C (2) applies to the provider, that subsection; and\ngive the regulator a copy of the report within 120 business days after the financial year ends.\nMaximum penalty—500 penalty units.\nThe report must state or include all of the following—\nthe information required under the latest report requirement given to the provider;\nthe actions the provider took to implement the plan;\nthe outcome of any review of the plan in the financial year and how the provider has addressed matters raised in the review;\nif a drinking water quality management plan audit report has been given to the regulator during the financial year—a summary of its findings and any recommendations;\ndetails of any information the provider gave the regulator under sections 102 and 102A in the financial year;\ndetails of the provider’s compliance with water quality criteria for drinking water;\nif the provider supplies drinking water to customers—details of any complaints to the provider about the provider’s drinking water service;\nif the provider has reviewed a customer service standard during the financial year—the outcome of the review and how the provider has addressed matters raised in the review.\ns 142 amd 2010 No. 20 s 129 ; 2011 No. 8 s 119 ; 2013 No. 23 s 342\nsub 2014 No. 16 s 71\namd 2023 No. 24 s 64\n(sec.142-ssec.1) This section applies for each financial year after a financial year in which a relevant service provider’s drinking water quality management plan has been approved.\n(sec.142-ssec.2) The provider must, unless the provider has a reasonable excuse— prepare a report (a drinking water service annual report ) for the financial year complying with this section and, if section 142C (2) applies to the provider, that subsection; and give the regulator a copy of the report within 120 business days after the financial year ends. Maximum penalty—500 penalty units.\n(sec.142-ssec.3) The report must state or include all of the following— the information required under the latest report requirement given to the provider; the actions the provider took to implement the plan; the outcome of any review of the plan in the financial year and how the provider has addressed matters raised in the review; if a drinking water quality management plan audit report has been given to the regulator during the financial year—a summary of its findings and any recommendations; details of any information the provider gave the regulator under sections 102 and 102A in the financial year; details of the provider’s compliance with water quality criteria for drinking water; if the provider supplies drinking water to customers—details of any complaints to the provider about the provider’s drinking water service; if the provider has reviewed a customer service standard during the financial year—the outcome of the review and how the provider has addressed matters raised in the review.\n- (a) prepare a report (a drinking water service annual report ) for the financial year complying with this section and, if section 142C (2) applies to the provider, that subsection; and\n- (b) give the regulator a copy of the report within 120 business days after the financial year ends.\n- (a) the information required under the latest report requirement given to the provider;\n- (b) the actions the provider took to implement the plan;\n- (c) the outcome of any review of the plan in the financial year and how the provider has addressed matters raised in the review;\n- (d) if a drinking water quality management plan audit report has been given to the regulator during the financial year—a summary of its findings and any recommendations;\n- (e) details of any information the provider gave the regulator under sections 102 and 102A in the financial year;\n- (f) details of the provider’s compliance with water quality criteria for drinking water;\n- (g) if the provider supplies drinking water to customers—details of any complaints to the provider about the provider’s drinking water service;\n- (h) if the provider has reviewed a customer service standard during the financial year—the outcome of the review and how the provider has addressed matters raised in the review.","sortOrder":153},{"sectionNumber":"sec.142A","sectionType":"section","heading":"Performance reports","content":"### sec.142A Performance reports\n\nThis section applies for each financial year of a relevant service provider starting on or after the regulator gives the provider a notice requiring the provider to prepare performance reports.\nThe provider must, unless the provider has a reasonable excuse—\nprepare a report (a performance report ) for the financial year complying with this section and, if section 142C (2) applies to the provider, that subsection; and\ngive the regulator a copy of the report on or before 1 October occurring immediately after the financial year ends.\nMaximum penalty—500 penalty units.\nSee also section 108A in relation to auditing the performance report.\nThe report must be about the KPIs stated in the latest report requirement given to the provider and state or include all of the following—\nthe provider’s performance for the financial year as measured against the KPIs;\ndetails of the targets for the level of service to be provided for the CSS KPIs under section 116 ;\nif a performance audit report has been given to the regulator during the financial year—a summary of its findings and any recommendations;\nthe data for each KPI, submitted in the way stated in the latest report requirement given to the provider;\na report about—\nthe implementation of any improvement plan; and\nwhat actions the provider took because of any direction given to it under section 436 (1) (a) during the financial year.\nThe report may include a commentary on the performance, including any of the following—\na matter that impacted on, improved or deteriorated performance;\nan issue of future concern identified through the report;\nany strategies to deal with issues of concern.\ns 142A ins 2014 No. 16 s 71\namd 2023 No. 24 s 65\n(sec.142A-ssec.1) This section applies for each financial year of a relevant service provider starting on or after the regulator gives the provider a notice requiring the provider to prepare performance reports.\n(sec.142A-ssec.2) The provider must, unless the provider has a reasonable excuse— prepare a report (a performance report ) for the financial year complying with this section and, if section 142C (2) applies to the provider, that subsection; and give the regulator a copy of the report on or before 1 October occurring immediately after the financial year ends. Maximum penalty—500 penalty units. See also section 108A in relation to auditing the performance report.\n(sec.142A-ssec.3) The report must be about the KPIs stated in the latest report requirement given to the provider and state or include all of the following— the provider’s performance for the financial year as measured against the KPIs; details of the targets for the level of service to be provided for the CSS KPIs under section 116 ; if a performance audit report has been given to the regulator during the financial year—a summary of its findings and any recommendations; the data for each KPI, submitted in the way stated in the latest report requirement given to the provider; a report about— the implementation of any improvement plan; and what actions the provider took because of any direction given to it under section 436 (1) (a) during the financial year.\n(sec.142A-ssec.4) The report may include a commentary on the performance, including any of the following— a matter that impacted on, improved or deteriorated performance; an issue of future concern identified through the report; any strategies to deal with issues of concern.\n- (a) prepare a report (a performance report ) for the financial year complying with this section and, if section 142C (2) applies to the provider, that subsection; and\n- (b) give the regulator a copy of the report on or before 1 October occurring immediately after the financial year ends.\n- (a) the provider’s performance for the financial year as measured against the KPIs;\n- (b) details of the targets for the level of service to be provided for the CSS KPIs under section 116 ;\n- (c) if a performance audit report has been given to the regulator during the financial year—a summary of its findings and any recommendations;\n- (d) the data for each KPI, submitted in the way stated in the latest report requirement given to the provider;\n- (e) a report about— (i) the implementation of any improvement plan; and (ii) what actions the provider took because of any direction given to it under section 436 (1) (a) during the financial year.\n- (i) the implementation of any improvement plan; and\n- (ii) what actions the provider took because of any direction given to it under section 436 (1) (a) during the financial year.\n- (i) the implementation of any improvement plan; and\n- (ii) what actions the provider took because of any direction given to it under section 436 (1) (a) during the financial year.\n- (a) a matter that impacted on, improved or deteriorated performance;\n- (b) an issue of future concern identified through the report;\n- (c) any strategies to deal with issues of concern.","sortOrder":154},{"sectionNumber":"sec.142B","sectionType":"section","heading":"System operating plan reports","content":"### sec.142B System operating plan reports\n\nThis section applies for each financial year of a relevant service provider starting after the one in which a system operating plan applying to the provider is made.\nThe provider must, unless the provider has a reasonable excuse—\nprepare a report for the financial year complying with this section (a system operating plan report ); and\ngive the regulator a copy of the report within 120 business days after the financial year ends.\nMaximum penalty—500 penalty units.\nThe report must—\nbe about the provider’s performance on the desired levels of service objectives and other obligations and requirements under the plan; and\nstate measures of the performance.\ns 142B ins 2014 No. 16 s 71\n(sec.142B-ssec.1) This section applies for each financial year of a relevant service provider starting after the one in which a system operating plan applying to the provider is made.\n(sec.142B-ssec.2) The provider must, unless the provider has a reasonable excuse— prepare a report for the financial year complying with this section (a system operating plan report ); and give the regulator a copy of the report within 120 business days after the financial year ends. Maximum penalty—500 penalty units.\n(sec.142B-ssec.3) The report must— be about the provider’s performance on the desired levels of service objectives and other obligations and requirements under the plan; and state measures of the performance.\n- (a) prepare a report for the financial year complying with this section (a system operating plan report ); and\n- (b) give the regulator a copy of the report within 120 business days after the financial year ends.\n- (a) be about the provider’s performance on the desired levels of service objectives and other obligations and requirements under the plan; and\n- (b) state measures of the performance.","sortOrder":155},{"sectionNumber":"sec.142C","sectionType":"section","heading":"Common provisions for reports","content":"### sec.142C Common provisions for reports\n\nSubsection (2) applies if a relevant service provider is the prescribed related entity of the relevant infrastructure owner.\nA drinking water service annual report or performance report by the provider must include, or be accompanied by, the owner’s written agreement to the report.\nReports under this division may be combined, unless doing so would prevent compliance with a requirement under this division about when they must be given.\ns 142C ins 2014 No. 16 s 71\namd 2023 No. 24 s 75 s ch 1 pt 1\n(sec.142C-ssec.1) Subsection (2) applies if a relevant service provider is the prescribed related entity of the relevant infrastructure owner.\n(sec.142C-ssec.2) A drinking water service annual report or performance report by the provider must include, or be accompanied by, the owner’s written agreement to the report.\n(sec.142C-ssec.3) Reports under this division may be combined, unless doing so would prevent compliance with a requirement under this division about when they must be given.","sortOrder":156},{"sectionNumber":"sec.142D","sectionType":"section","heading":"Application of division to chief executive","content":"### sec.142D Application of division to chief executive\n\nAn obligation under this division to prepare or give a report does not apply to the chief executive as a relevant service provider or service provider if—\nthe chief executive includes the information required for the report in a report under the Financial Accountability Act 2009 , section 63 (the FAA report ); and\nthe chief executive gives the regulator a copy of the FAA report within 30 business days after the Minister is given it.\nSubsection (1) (b) does not apply if the chief executive and the regulator are the same entity.\ns 142D ins 2014 No. 16 s 71\n(sec.142D-ssec.1) An obligation under this division to prepare or give a report does not apply to the chief executive as a relevant service provider or service provider if— the chief executive includes the information required for the report in a report under the Financial Accountability Act 2009 , section 63 (the FAA report ); and the chief executive gives the regulator a copy of the FAA report within 30 business days after the Minister is given it.\n(sec.142D-ssec.2) Subsection (1) (b) does not apply if the chief executive and the regulator are the same entity.\n- (a) the chief executive includes the information required for the report in a report under the Financial Accountability Act 2009 , section 63 (the FAA report ); and\n- (b) the chief executive gives the regulator a copy of the FAA report within 30 business days after the Minister is given it.","sortOrder":157},{"sectionNumber":"ch.2-pt.4-div.6","sectionType":"division","heading":"Water for fire fighting","content":"## Water for fire fighting","sortOrder":158},{"sectionNumber":"sec.143","sectionType":"section","heading":"Application of div 6","content":"### sec.143 Application of div 6\n\nThis division applies to a service provider who provides a retail water service.\ns 143 amd 2014 No. 16 s 101 sch 1","sortOrder":159},{"sectionNumber":"sec.144","sectionType":"section","heading":"No charge for water for firefighting purposes","content":"### sec.144 No charge for water for firefighting purposes\n\nA water service provider must not make a charge for water taken from a firefighting system or a service provider’s hydrant for firefighting purposes.\nHowever, the service provider may fix either or both of the following to any private firefighting system—\na meter;\na seal.\nWithin 24 hours after a seal is broken, the occupier of the premises must give the service provider written notice of the breaking unless the occupier has a reasonable excuse.\nMaximum penalty for subsection (3) —20 penalty units.\n(sec.144-ssec.1) A water service provider must not make a charge for water taken from a firefighting system or a service provider’s hydrant for firefighting purposes.\n(sec.144-ssec.2) However, the service provider may fix either or both of the following to any private firefighting system— a meter; a seal.\n(sec.144-ssec.3) Within 24 hours after a seal is broken, the occupier of the premises must give the service provider written notice of the breaking unless the occupier has a reasonable excuse. Maximum penalty for subsection (3) —20 penalty units.\n- (a) a meter;\n- (b) a seal.","sortOrder":160},{"sectionNumber":"sec.145","sectionType":"section","heading":"Water to be used only for firefighting purposes","content":"### sec.145 Water to be used only for firefighting purposes\n\nA person must not take water from a firefighting system or a service provider’s hydrant without the permission of the service provider unless the water is taken for firefighting purposes.\nUnder the Fire Services Act 1990 , section 149I (2) (h) , an authorised fire officer under that Act may take water for firefighting purposes from any source whether natural or artificial.\nMaximum penalty—1,000 penalty units.\nIf a person is convicted of an offence against subsection (1) , the service provider may recover from the person as a debt the amount of the loss or the reasonable cost of repairing any damage caused by the unlawful taking of the water.\ns 145 amd 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 22 s 92 sch 1\n(sec.145-ssec.1) A person must not take water from a firefighting system or a service provider’s hydrant without the permission of the service provider unless the water is taken for firefighting purposes. Under the Fire Services Act 1990 , section 149I (2) (h) , an authorised fire officer under that Act may take water for firefighting purposes from any source whether natural or artificial. Maximum penalty—1,000 penalty units.\n(sec.145-ssec.2) If a person is convicted of an offence against subsection (1) , the service provider may recover from the person as a debt the amount of the loss or the reasonable cost of repairing any damage caused by the unlawful taking of the water.","sortOrder":161},{"sectionNumber":"ch.2-pt.4-div.7","sectionType":"division","heading":null,"content":"","sortOrder":162},{"sectionNumber":"ch.2-pt.4-div.9","sectionType":"division","heading":null,"content":"","sortOrder":163},{"sectionNumber":"ch.2-pt.4-div.11","sectionType":"division","heading":"Exemptions for small service providers","content":"## Exemptions for small service providers","sortOrder":164},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 om 2014 No. 16 s 69","sortOrder":165},{"sectionNumber":"sec.147","sectionType":"section","heading":null,"content":"### Section sec.147\n\ns 147 om 2014 No. 16 s 69","sortOrder":166},{"sectionNumber":"sec.148","sectionType":"section","heading":null,"content":"### Section sec.148\n\ns 148 om 2014 No. 16 s 69","sortOrder":167},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 om 2014 No. 16 s 69","sortOrder":168},{"sectionNumber":"sec.150","sectionType":"section","heading":null,"content":"### Section sec.150\n\ns 150 om 2014 No. 16 s 69","sortOrder":169},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Service areas","content":"# Service areas","sortOrder":170},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":171},{"sectionNumber":"sec.160","sectionType":"section","heading":"Definition for pt 5","content":"### sec.160 Definition for pt 5\n\nIn this part—\nservice provider , for a retail water service or sewerage service in a service area, means an entity declared under section 161 to be the service provider for the service in the service area.\nSee also the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , sections 53AQ and 92DB .\ns 160 amd 2014 No. 16 s 37\nsub 2019 No. 17 s 342","sortOrder":172},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Service areas","content":"## Service areas","sortOrder":173},{"sectionNumber":"sec.161","sectionType":"section","heading":"Declaration of service area","content":"### sec.161 Declaration of service area\n\nSubsection (2) applies if a local government, or a local government entity, supplies a reticulated water service or sewerage service in all or part of the local government area for the local government (a relevant area ).\nThe local government must, by resolution, declare—\nthe relevant area to be a service area for the reticulated water service or the sewerage service; and\nthe local government, or the local government entity, to be the service provider for the service in the service area.\nThe declaration under subsection (2) must be made within 1 year after the local government, or the local government entity, first supplies the reticulated water service or the sewerage service in the relevant area.\nSee also section 676 .\nAlso, the local government may, by resolution, declare—\nall or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and\na stated service provider to be the service provider for the service in the service area.\nA local government must not declare an entity, other than the local government or a local government entity, to be the service provider for a reticulated water service or sewerage service in all or part of the local government area for the local government unless the other entity agrees in writing to the declaration before the declaration is made.\nA local government may, by resolution, amend a declaration made under this section by adding an area to, or removing an area from, the service area.\nThe local government must not amend a declaration made under this section without the written agreement of the service provider unless the service provider is the local government or a local government entity.\nA resolution under this section takes effect on—\nif the declaration states a day—the stated day; or\notherwise—the day the declaration is made.\nA local government must not declare an area to be a service area for a retail water service or a sewerage service if the area is already a service area for a service of the same type.\nIn this section—\nreticulated water service —\nmeans a water service that is the reticulation of water; but\ndoes not include—\nan irrigation service or bulk water service in any area; or\nthe supply of recycled water in any area.\ns 161 sub 2019 No. 17 s 343\n(sec.161-ssec.1) Subsection (2) applies if a local government, or a local government entity, supplies a reticulated water service or sewerage service in all or part of the local government area for the local government (a relevant area ).\n(sec.161-ssec.2) The local government must, by resolution, declare— the relevant area to be a service area for the reticulated water service or the sewerage service; and the local government, or the local government entity, to be the service provider for the service in the service area.\n(sec.161-ssec.3) The declaration under subsection (2) must be made within 1 year after the local government, or the local government entity, first supplies the reticulated water service or the sewerage service in the relevant area. See also section 676 .\n(sec.161-ssec.4) Also, the local government may, by resolution, declare— all or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and a stated service provider to be the service provider for the service in the service area.\n(sec.161-ssec.5) A local government must not declare an entity, other than the local government or a local government entity, to be the service provider for a reticulated water service or sewerage service in all or part of the local government area for the local government unless the other entity agrees in writing to the declaration before the declaration is made.\n(sec.161-ssec.6) A local government may, by resolution, amend a declaration made under this section by adding an area to, or removing an area from, the service area.\n(sec.161-ssec.7) The local government must not amend a declaration made under this section without the written agreement of the service provider unless the service provider is the local government or a local government entity.\n(sec.161-ssec.8) A resolution under this section takes effect on— if the declaration states a day—the stated day; or otherwise—the day the declaration is made.\n(sec.161-ssec.9) A local government must not declare an area to be a service area for a retail water service or a sewerage service if the area is already a service area for a service of the same type.\n(sec.161-ssec.10) In this section— reticulated water service — means a water service that is the reticulation of water; but does not include— an irrigation service or bulk water service in any area; or the supply of recycled water in any area.\n- (a) the relevant area to be a service area for the reticulated water service or the sewerage service; and\n- (b) the local government, or the local government entity, to be the service provider for the service in the service area.\n- (a) all or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and\n- (b) a stated service provider to be the service provider for the service in the service area.\n- (a) if the declaration states a day—the stated day; or\n- (b) otherwise—the day the declaration is made.\n- (a) means a water service that is the reticulation of water; but\n- (b) does not include— (i) an irrigation service or bulk water service in any area; or (ii) the supply of recycled water in any area.\n- (i) an irrigation service or bulk water service in any area; or\n- (ii) the supply of recycled water in any area.\n- (i) an irrigation service or bulk water service in any area; or\n- (ii) the supply of recycled water in any area.","sortOrder":174},{"sectionNumber":"sec.162","sectionType":"section","heading":"Notice of declaration of service area","content":"### sec.162 Notice of declaration of service area\n\nIf a local government makes or amends a declaration under section 161 , the local government must—\npublish a notice of the declaration or amendment on the local government’s website; and\nmake the notice available for inspection and purchase under the Local Government Act .\ns 162 amd 2019 No. 17 s 344 ; 2023 No. 24 s 66\n- (a) publish a notice of the declaration or amendment on the local government’s website; and\n- (b) make the notice available for inspection and purchase under the Local Government Act .","sortOrder":175},{"sectionNumber":"sec.163","sectionType":"section","heading":"Map of service area","content":"### sec.163 Map of service area\n\nThe service provider for a registered service in a service area must keep a map showing, for the service—\nthe limits of the service area; and\nthe location of the service provider’s infrastructure.\nThe service provider must—\nupdate the map at least annually; and\nif the service provider is not the local government—give the local government a copy of the map.\ns 163 amd 2014 No. 16 s 101 sch 1 ; 2023 No. 24 s 67\n(sec.163-ssec.1) The service provider for a registered service in a service area must keep a map showing, for the service— the limits of the service area; and the location of the service provider’s infrastructure.\n(sec.163-ssec.2) The service provider must— update the map at least annually; and if the service provider is not the local government—give the local government a copy of the map.\n- (a) the limits of the service area; and\n- (b) the location of the service provider’s infrastructure.\n- (a) update the map at least annually; and\n- (b) if the service provider is not the local government—give the local government a copy of the map.","sortOrder":176},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":"Access to services in service areas","content":"## Access to services in service areas","sortOrder":177},{"sectionNumber":"sec.164","sectionType":"section","heading":"Access to service in service area","content":"### sec.164 Access to service in service area\n\nThe service provider must, to the greatest practicable extent, ensure that—\nall premises in the service area are able to be connected directly and separately to the service provider’s infrastructure for the area; and\nif 2 or more premises are part of a premises group—the premises group, rather than each individual premises, is able to be connected, directly and separately to its infrastructure; and\nthe infrastructure can deal with the service requirements of all premises in the service area; and\nfor a retail water service—the design of its infrastructure allows for a connection point at or within the boundary of each premises connected to the service; and\nfor a sewerage service—the design of its infrastructure allows for a connection point—\nat or within the boundary of each premises connected to the service; and\nto the greatest practicable extent, at an invert level below ground level at which the sanitary drain or property sewer laid at minimum grade is capable of servicing the premises.\nA property service is part of the service provider’s infrastructure for a water service or sewerage service.\n(sec.164-ssec.1) The service provider must, to the greatest practicable extent, ensure that— all premises in the service area are able to be connected directly and separately to the service provider’s infrastructure for the area; and if 2 or more premises are part of a premises group—the premises group, rather than each individual premises, is able to be connected, directly and separately to its infrastructure; and the infrastructure can deal with the service requirements of all premises in the service area; and for a retail water service—the design of its infrastructure allows for a connection point at or within the boundary of each premises connected to the service; and for a sewerage service—the design of its infrastructure allows for a connection point— at or within the boundary of each premises connected to the service; and to the greatest practicable extent, at an invert level below ground level at which the sanitary drain or property sewer laid at minimum grade is capable of servicing the premises.\n(sec.164-ssec.2) A property service is part of the service provider’s infrastructure for a water service or sewerage service.\n- (a) all premises in the service area are able to be connected directly and separately to the service provider’s infrastructure for the area; and\n- (b) if 2 or more premises are part of a premises group—the premises group, rather than each individual premises, is able to be connected, directly and separately to its infrastructure; and\n- (c) the infrastructure can deal with the service requirements of all premises in the service area; and\n- (d) for a retail water service—the design of its infrastructure allows for a connection point at or within the boundary of each premises connected to the service; and\n- (e) for a sewerage service—the design of its infrastructure allows for a connection point— (i) at or within the boundary of each premises connected to the service; and (ii) to the greatest practicable extent, at an invert level below ground level at which the sanitary drain or property sewer laid at minimum grade is capable of servicing the premises.\n- (i) at or within the boundary of each premises connected to the service; and\n- (ii) to the greatest practicable extent, at an invert level below ground level at which the sanitary drain or property sewer laid at minimum grade is capable of servicing the premises.\n- (i) at or within the boundary of each premises connected to the service; and\n- (ii) to the greatest practicable extent, at an invert level below ground level at which the sanitary drain or property sewer laid at minimum grade is capable of servicing the premises.","sortOrder":178},{"sectionNumber":"sec.165","sectionType":"section","heading":"Recovering cost of giving access to registered service","content":"### sec.165 Recovering cost of giving access to registered service\n\nThe service provider may recover from a customer the reasonable cost of complying with section 164 for the customer’s premises.","sortOrder":179},{"sectionNumber":"sec.166","sectionType":"section","heading":"When service provider not required to supply water in service area","content":"### sec.166 When service provider not required to supply water in service area\n\nThis section applies if—\nthe owner of premises in the service area wants the service provider to supply water to the premises; and\nthe service provider can not supply water from its infrastructure to the premises at a satisfactory pressure because of physical constraints.\nThe service provider must supply water to the premises if the owner installs enough water storage tanks and pumps to ensure that water can be supplied at a satisfactory pressure and flow.\nThe service provider may impose conditions on the installation of the water storage tanks and pumps, including, for example, a condition requiring that a pump installed on the supply side of a water storage tank does not cause negative pressures in the service provider’s water main.\n(sec.166-ssec.1) This section applies if— the owner of premises in the service area wants the service provider to supply water to the premises; and the service provider can not supply water from its infrastructure to the premises at a satisfactory pressure because of physical constraints.\n(sec.166-ssec.2) The service provider must supply water to the premises if the owner installs enough water storage tanks and pumps to ensure that water can be supplied at a satisfactory pressure and flow.\n(sec.166-ssec.3) The service provider may impose conditions on the installation of the water storage tanks and pumps, including, for example, a condition requiring that a pump installed on the supply side of a water storage tank does not cause negative pressures in the service provider’s water main.\n- (a) the owner of premises in the service area wants the service provider to supply water to the premises; and\n- (b) the service provider can not supply water from its infrastructure to the premises at a satisfactory pressure because of physical constraints.","sortOrder":180},{"sectionNumber":"ch.2-pt.5-div.4","sectionType":"division","heading":"Connecting to particular registered services","content":"## Connecting to particular registered services","sortOrder":181},{"sectionNumber":"sec.167","sectionType":"section","heading":"Owner may ask for connection to service provider’s infrastructure","content":"### sec.167 Owner may ask for connection to service provider’s infrastructure\n\nThis section applies if an owner of premises in the service area asks the service provider to connect the owner’s premises to the service provider’s infrastructure.\nFor provisions that relate to distributor-retailers, see the 2009 restructuring Act , chapter 4C .\nThe service provider must advise the owner of any work the service provider considers reasonably necessary to be carried out on the premises and any reasonable connection fee to enable the premises to be connected to the infrastructure.\nIf the work is development as defined under the Planning Act , that Act applies to the work.\nIf the owner satisfactorily completes the work (including complying with any conditions for carrying out the work) and pays the connection fee, the service provider must connect the owner’s property to the infrastructure.\nThis section does not apply to a service provider that is a distributor-retailer.\ns 167 amd 2009 No. 36 s 872 sch 2 ; 2010 No. 20 s 130 ; 2014 No. 16 s 39 ; 2019 No. 17 s 345\n(sec.167-ssec.1) This section applies if an owner of premises in the service area asks the service provider to connect the owner’s premises to the service provider’s infrastructure. For provisions that relate to distributor-retailers, see the 2009 restructuring Act , chapter 4C .\n(sec.167-ssec.2) The service provider must advise the owner of any work the service provider considers reasonably necessary to be carried out on the premises and any reasonable connection fee to enable the premises to be connected to the infrastructure. If the work is development as defined under the Planning Act , that Act applies to the work.\n(sec.167-ssec.3) If the owner satisfactorily completes the work (including complying with any conditions for carrying out the work) and pays the connection fee, the service provider must connect the owner’s property to the infrastructure.\n(sec.167-ssec.4) This section does not apply to a service provider that is a distributor-retailer.","sortOrder":182},{"sectionNumber":"sec.168","sectionType":"section","heading":"Notice requiring connection to registered service","content":"### sec.168 Notice requiring connection to registered service\n\nThe service provider may, by notice given to the owner of premises in the service area, require the owner to carry out works for connecting the premises to a registered service.\nThe notice must state—\nthe work to be carried out on the premises to enable the service to be supplied; and\nThe Planning Act provides for the process of granting approvals for the work.\na reasonable period, but not less than 20 business days, for completing the work; and\nthat the work must be completed within the stated period or any extension of the period agreed to by the service provider; and\nanything else the owner must do to enable the service to be supplied.\nThe owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—200 penalty units.\nWhen the owner has satisfactorily completed the work, the service provider must connect the owner’s premises to the service provider’s infrastructure.\nThis section does not apply to a service provider that is a distributor-retailer.\ns 168 amd 2019 No. 17 s 346\n(sec.168-ssec.1) The service provider may, by notice given to the owner of premises in the service area, require the owner to carry out works for connecting the premises to a registered service.\n(sec.168-ssec.2) The notice must state— the work to be carried out on the premises to enable the service to be supplied; and The Planning Act provides for the process of granting approvals for the work. a reasonable period, but not less than 20 business days, for completing the work; and that the work must be completed within the stated period or any extension of the period agreed to by the service provider; and anything else the owner must do to enable the service to be supplied.\n(sec.168-ssec.3) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.168-ssec.4) When the owner has satisfactorily completed the work, the service provider must connect the owner’s premises to the service provider’s infrastructure.\n(sec.168-ssec.5) This section does not apply to a service provider that is a distributor-retailer.\n- (a) the work to be carried out on the premises to enable the service to be supplied; and Note— The Planning Act provides for the process of granting approvals for the work.\n- (b) a reasonable period, but not less than 20 business days, for completing the work; and\n- (c) that the work must be completed within the stated period or any extension of the period agreed to by the service provider; and\n- (d) anything else the owner must do to enable the service to be supplied.","sortOrder":183},{"sectionNumber":"ch.2-pt.5-div.5","sectionType":"division","heading":"Restricting domestic water supply","content":"## Restricting domestic water supply","sortOrder":184},{"sectionNumber":"sec.169","sectionType":"section","heading":"Restricting domestic water supply in particular circumstances","content":"### sec.169 Restricting domestic water supply in particular circumstances\n\nThis section applies if—\npremises are connected to a water service; and\nthe owner or occupier of the premises—\ncontravenes a service provider water restriction; or\ndoes not pay the rate or charge for the service; and\nthe owner or occupier has been given a notice not to continue to contravene the restriction or to pay the rate or charge; and\nthe owner or occupier continues to contravene the restriction or refuses to pay the rate or charge; and\nthe service provider is not a withdrawn SEQ council.\nFor withdrawn SEQ councils see the 2009 restructuring Act , section 99AT (Restricting water supply).\nThe service provider may reduce the water supply to the premises to the minimum level necessary for the health and sanitation purposes of the owner or occupier.\nHowever, the service provider must not completely shut off the water supply to the premises.\ns 169 amd 2012 No. 1 s 103 ; 2012 No. 39 s 96\n(sec.169-ssec.1) This section applies if— premises are connected to a water service; and the owner or occupier of the premises— contravenes a service provider water restriction; or does not pay the rate or charge for the service; and the owner or occupier has been given a notice not to continue to contravene the restriction or to pay the rate or charge; and the owner or occupier continues to contravene the restriction or refuses to pay the rate or charge; and the service provider is not a withdrawn SEQ council. For withdrawn SEQ councils see the 2009 restructuring Act , section 99AT (Restricting water supply).\n(sec.169-ssec.2) The service provider may reduce the water supply to the premises to the minimum level necessary for the health and sanitation purposes of the owner or occupier.\n(sec.169-ssec.3) However, the service provider must not completely shut off the water supply to the premises.\n- (a) premises are connected to a water service; and\n- (b) the owner or occupier of the premises— (i) contravenes a service provider water restriction; or (ii) does not pay the rate or charge for the service; and\n- (i) contravenes a service provider water restriction; or\n- (ii) does not pay the rate or charge for the service; and\n- (c) the owner or occupier has been given a notice not to continue to contravene the restriction or to pay the rate or charge; and\n- (d) the owner or occupier continues to contravene the restriction or refuses to pay the rate or charge; and\n- (e) the service provider is not a withdrawn SEQ council.\n- (i) contravenes a service provider water restriction; or\n- (ii) does not pay the rate or charge for the service; and","sortOrder":185},{"sectionNumber":"ch.2-pt.5-div.6","sectionType":"division","heading":"Water approvals under 2009 restructuring Act","content":"## Water approvals under 2009 restructuring Act","sortOrder":186},{"sectionNumber":"sec.170","sectionType":"section","heading":"Definitions for div 6","content":"### sec.170 Definitions for div 6\n\nIn this division—\nconnection see the 2009 restructuring Act, schedule.\nstaged water connection see the 2009 restructuring Act, schedule.\nwater approval see the 2009 restructuring Act, schedule.\ns 170 prev s 170 om 2014 No. 16 s 40\npres s 170 ins 2014 No. 16 s 41","sortOrder":187},{"sectionNumber":"sec.171","sectionType":"section","heading":"Water approvals—generally","content":"### sec.171 Water approvals—generally\n\nSection 173 applies if—\na water approval, other than a water approval for a staged water connection, attaches to land under the 2009 restructuring Act; and\na person makes a connection under the water approval to the extent authorised under the approval.\ns 171 ins 2014 No. 16 s 41\n- (a) a water approval, other than a water approval for a staged water connection, attaches to land under the 2009 restructuring Act; and\n- (b) a person makes a connection under the water approval to the extent authorised under the approval.","sortOrder":188},{"sectionNumber":"sec.172","sectionType":"section","heading":"Water approvals—staged water connections","content":"### sec.172 Water approvals—staged water connections\n\nSection 173 applies if—\na water approval for a staged water connection attaches to land under the 2009 restructuring Act; and\na person makes a connection under the water approval to the extent authorised under the approval.\ns 172 ins 2014 No. 16 s 41\n- (a) a water approval for a staged water connection attaches to land under the 2009 restructuring Act; and\n- (b) a person makes a connection under the water approval to the extent authorised under the approval.","sortOrder":189},{"sectionNumber":"sec.173","sectionType":"section","heading":"Deemed consent or approval for water approvals","content":"### sec.173 Deemed consent or approval for water approvals\n\nFor sections 191 , 192 , 193 and 195 —\nthe distributor-retailer is taken to have given the person a written consent or written approval for the connection; and\na condition of the approval under the 2009 restructuring Act is taken to be a condition of the written consent or written approval under this Act.\nHowever, for an approval for a staged water connection, the distributor-retailer is only taken to have given the person written consent or written approval for the stage of the approval mentioned in section 172 (b) .\ns 173 ins 2014 No. 16 s 41\n(sec.173-ssec.1) For sections 191 , 192 , 193 and 195 — the distributor-retailer is taken to have given the person a written consent or written approval for the connection; and a condition of the approval under the 2009 restructuring Act is taken to be a condition of the written consent or written approval under this Act.\n(sec.173-ssec.2) However, for an approval for a staged water connection, the distributor-retailer is only taken to have given the person written consent or written approval for the stage of the approval mentioned in section 172 (b) .\n- (a) the distributor-retailer is taken to have given the person a written consent or written approval for the connection; and\n- (b) a condition of the approval under the 2009 restructuring Act is taken to be a condition of the written consent or written approval under this Act.","sortOrder":190},{"sectionNumber":"sec.174","sectionType":"section","heading":"Sections 174 –179 not used","content":"### sec.174 Sections 174 –179 not used\n\nSee editor’s note for section 1 .\ns 174 ins 2014 No. 16 s 41","sortOrder":191},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Trade waste and seepage water approvals","content":"# Trade waste and seepage water approvals","sortOrder":192},{"sectionNumber":"sec.180","sectionType":"section","heading":"Approvals for discharge of trade waste and seepage water","content":"### sec.180 Approvals for discharge of trade waste and seepage water\n\nA sewerage service provider may give a person 1 or both of the following approvals (each an approval ) for the sewerage service provider’s sewerage infrastructure—\nan approval (a trade waste approval ) to discharge trade waste into the sewerage infrastructure;\nan approval (a seepage water approval ) to discharge seepage water into the sewerage infrastructure, other than seepage water from mining activities, or petroleum activities, within the meaning of the Environmental Protection Act 1994 .\nHowever, an approval can not be given if the regulator has given the sewerage service provider a regulator notice prohibiting the provider from giving that type of approval.\nBefore giving an approval, the sewerage service provider must consider the effect of the proposed discharge on any existing or potential re-use of waste water or sludge.\nThe sewerage service provider may give an approval only if the sewerage service provider is satisfied—\nhaving regard to the amount, type and strength of the proposed discharge, the discharge will not harm the sewerage or the health and safety of anyone working on the sewerage; and\nthe sewage treatment plant to treat the discharge is capable of treating the discharge to an acceptable standard.\nAlso, if the sewerage service provider has a trade waste plan, the provider may give a trade waste approval only if satisfied the proposed discharge into the sewerage is consistent with the plan.\nIn this section—\nsludge means semi-liquid solids settled from sewage in septic tanks, arresters and sewage treatment plants.\ntrade waste plan , for a sewerage service provider, means a plan to manage and control trade waste entering into the provider’s sewerage.\nwaste water means the spent or used water of a community or industry that contains dissolved or suspended matter.\ns 180 amd 2010 No. 20 s 131\nsub 2011 No. 31 s 398\namd 2014 No. 16 s 72\n(sec.180-ssec.1) A sewerage service provider may give a person 1 or both of the following approvals (each an approval ) for the sewerage service provider’s sewerage infrastructure— an approval (a trade waste approval ) to discharge trade waste into the sewerage infrastructure; an approval (a seepage water approval ) to discharge seepage water into the sewerage infrastructure, other than seepage water from mining activities, or petroleum activities, within the meaning of the Environmental Protection Act 1994 .\n(sec.180-ssec.2) However, an approval can not be given if the regulator has given the sewerage service provider a regulator notice prohibiting the provider from giving that type of approval.\n(sec.180-ssec.3) Before giving an approval, the sewerage service provider must consider the effect of the proposed discharge on any existing or potential re-use of waste water or sludge.\n(sec.180-ssec.4) The sewerage service provider may give an approval only if the sewerage service provider is satisfied— having regard to the amount, type and strength of the proposed discharge, the discharge will not harm the sewerage or the health and safety of anyone working on the sewerage; and the sewage treatment plant to treat the discharge is capable of treating the discharge to an acceptable standard.\n(sec.180-ssec.5) Also, if the sewerage service provider has a trade waste plan, the provider may give a trade waste approval only if satisfied the proposed discharge into the sewerage is consistent with the plan.\n(sec.180-ssec.6) In this section— sludge means semi-liquid solids settled from sewage in septic tanks, arresters and sewage treatment plants. trade waste plan , for a sewerage service provider, means a plan to manage and control trade waste entering into the provider’s sewerage. waste water means the spent or used water of a community or industry that contains dissolved or suspended matter.\n- (a) an approval (a trade waste approval ) to discharge trade waste into the sewerage infrastructure;\n- (b) an approval (a seepage water approval ) to discharge seepage water into the sewerage infrastructure, other than seepage water from mining activities, or petroleum activities, within the meaning of the Environmental Protection Act 1994 .\n- (a) having regard to the amount, type and strength of the proposed discharge, the discharge will not harm the sewerage or the health and safety of anyone working on the sewerage; and\n- (b) the sewage treatment plant to treat the discharge is capable of treating the discharge to an acceptable standard.","sortOrder":193},{"sectionNumber":"sec.181","sectionType":"section","heading":"Approval may be conditional","content":"### sec.181 Approval may be conditional\n\nThe sewerage service provider may give a trade waste approval or seepage water approval on conditions, including, for example, conditions about 1 or more of the following—\nthe maximum daily quantity of trade waste or seepage water that may be discharged;\nthe maximum permissible rate of the discharge;\nthe permissible limits for the quality of the waste or seepage water, including limits for suspended solids, biochemical oxygen demand, acidity, alkalinity and salinity;\nwhether the waste or seepage water must be treated before being discharged into the sewerage service provider’s sewerage;\nthe appropriate management of polluted areas, including, for example, conditions requiring—\nthe building of a roof over a stated area to prevent rainwater entering a sanitary drain or sewer; or\nthe paving of the floor of a stated area with an approved impervious material and to a stated grade to an outlet; or\nthe installation of an arrester or pre-treatment device;\nworks that must be constructed to treat or store the waste or seepage water.\nIf the regulator has given the sewerage service provider a regulator notice requiring the sewerage service provider to impose particular conditions on trade waste approvals or seepage water approvals, the provider must comply with the notice.\ns 181 amd 2010 No. 20 s 132 ; 2011 No. 31 s 399\n(sec.181-ssec.1) The sewerage service provider may give a trade waste approval or seepage water approval on conditions, including, for example, conditions about 1 or more of the following— the maximum daily quantity of trade waste or seepage water that may be discharged; the maximum permissible rate of the discharge; the permissible limits for the quality of the waste or seepage water, including limits for suspended solids, biochemical oxygen demand, acidity, alkalinity and salinity; whether the waste or seepage water must be treated before being discharged into the sewerage service provider’s sewerage; the appropriate management of polluted areas, including, for example, conditions requiring— the building of a roof over a stated area to prevent rainwater entering a sanitary drain or sewer; or the paving of the floor of a stated area with an approved impervious material and to a stated grade to an outlet; or the installation of an arrester or pre-treatment device; works that must be constructed to treat or store the waste or seepage water.\n(sec.181-ssec.2) If the regulator has given the sewerage service provider a regulator notice requiring the sewerage service provider to impose particular conditions on trade waste approvals or seepage water approvals, the provider must comply with the notice.\n- (a) the maximum daily quantity of trade waste or seepage water that may be discharged;\n- (b) the maximum permissible rate of the discharge;\n- (c) the permissible limits for the quality of the waste or seepage water, including limits for suspended solids, biochemical oxygen demand, acidity, alkalinity and salinity;\n- (d) whether the waste or seepage water must be treated before being discharged into the sewerage service provider’s sewerage;\n- (e) the appropriate management of polluted areas, including, for example, conditions requiring— (i) the building of a roof over a stated area to prevent rainwater entering a sanitary drain or sewer; or (ii) the paving of the floor of a stated area with an approved impervious material and to a stated grade to an outlet; or (iii) the installation of an arrester or pre-treatment device;\n- (i) the building of a roof over a stated area to prevent rainwater entering a sanitary drain or sewer; or\n- (ii) the paving of the floor of a stated area with an approved impervious material and to a stated grade to an outlet; or\n- (iii) the installation of an arrester or pre-treatment device;\n- (f) works that must be constructed to treat or store the waste or seepage water.\n- (i) the building of a roof over a stated area to prevent rainwater entering a sanitary drain or sewer; or\n- (ii) the paving of the floor of a stated area with an approved impervious material and to a stated grade to an outlet; or\n- (iii) the installation of an arrester or pre-treatment device;","sortOrder":194},{"sectionNumber":"sec.182","sectionType":"section","heading":"Criteria for suspending or cancelling trade waste approval or seepage water approval","content":"### sec.182 Criteria for suspending or cancelling trade waste approval or seepage water approval\n\nA sewerage service provider may suspend or cancel a trade waste approval or seepage water approval (the proposed action ) if the sewerage service provider is satisfied—\nthe approval holder has contravened a condition of the approval; or\nthe approval holder has contravened a provision of this Act; or\nthe approval is no longer appropriate because—\nfor a trade waste approval—the circumstances under which trade wastes are generated by the holder have significantly changed since the approval was given; or\nfor a seepage water approval—there is no longer any seepage water to discharge into the provider’s sewerage infrastructure; or\nurgent action is necessary in the interests of public health or safety to prevent environmental harm or prevent damage to the sewerage service provider’s sewerage system.\ns 182 amd 2010 No. 20 s 133 ; 2011 No. 31 s 400\n- (a) the approval holder has contravened a condition of the approval; or\n- (b) the approval holder has contravened a provision of this Act; or\n- (c) the approval is no longer appropriate because— (i) for a trade waste approval—the circumstances under which trade wastes are generated by the holder have significantly changed since the approval was given; or (ii) for a seepage water approval—there is no longer any seepage water to discharge into the provider’s sewerage infrastructure; or\n- (i) for a trade waste approval—the circumstances under which trade wastes are generated by the holder have significantly changed since the approval was given; or\n- (ii) for a seepage water approval—there is no longer any seepage water to discharge into the provider’s sewerage infrastructure; or\n- (d) urgent action is necessary in the interests of public health or safety to prevent environmental harm or prevent damage to the sewerage service provider’s sewerage system.\n- (i) for a trade waste approval—the circumstances under which trade wastes are generated by the holder have significantly changed since the approval was given; or\n- (ii) for a seepage water approval—there is no longer any seepage water to discharge into the provider’s sewerage infrastructure; or","sortOrder":195},{"sectionNumber":"sec.183","sectionType":"section","heading":"Suspending or cancelling trade waste approval or seepage water approval","content":"### sec.183 Suspending or cancelling trade waste approval or seepage water approval\n\nBefore the sewerage service provider acts under section 182 , the sewerage service provider must give the approval holder a show cause notice about the proposed action.\nIf, after considering any properly made submissions by the approval holder, the sewerage service provider is still satisfied the proposed action should be taken, the sewerage service provider may—\nif the proposed action was to suspend the approval for a stated period—suspend the approval for not longer than the proposed suspension period; or\nif the proposed action was to cancel the approval—either cancel the approval or suspend it for a period.\nWithin 30 business days after making a decision under subsection (2) , the sewerage service provider must give the approval holder an information notice about the decision.\nIf, after considering any properly made submissions by the approval holder, the sewerage service provider is not satisfied the proposed action should be taken, the sewerage service provider 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.\ns 183 amd 2010 No. 20 s 134 ; 2011 No. 31 s 401\n(sec.183-ssec.1) Before the sewerage service provider acts under section 182 , the sewerage service provider must give the approval holder a show cause notice about the proposed action.\n(sec.183-ssec.2) If, after considering any properly made submissions by the approval holder, the sewerage service provider is still satisfied the proposed action should be taken, the sewerage service provider may— if the proposed action was to suspend the approval for a stated period—suspend the approval for not longer than the proposed suspension period; or if the proposed action was to cancel the approval—either cancel the approval or suspend it for a period.\n(sec.183-ssec.3) Within 30 business days after making a decision under subsection (2) , the sewerage service provider must give the approval holder an information notice about the decision.\n(sec.183-ssec.4) If, after considering any properly made submissions by the approval holder, the sewerage service provider is not satisfied the proposed action should be taken, the sewerage service provider must give the approval holder a notice about the decision.\n(sec.183-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- (a) if the proposed action was to suspend the approval for a stated period—suspend the approval for not longer than the proposed suspension period; or\n- (b) if the proposed action was to cancel the approval—either cancel the approval or suspend it for a period.\n- (a) the day the information notice is received by the approval holder;\n- (b) the day stated in the notice.","sortOrder":196},{"sectionNumber":"sec.184","sectionType":"section","heading":"Immediate suspension or cancellation","content":"### sec.184 Immediate suspension or cancellation\n\nDespite section 183 (1) , the sewerage service provider may suspend or cancel a trade waste approval or seepage water approval without giving a show cause notice if the sewerage service provider considers urgent action is necessary—\nin the interests of public health or safety; or\nto prevent environmental harm; or\nto prevent damage to the sewerage service provider’s sewerage system.\nAlso, a sewerage service provider must cancel a trade waste approval or seepage water approval given by the sewerage service provider if the sewerage service provider has been given a regulator notice prohibiting the sewerage service provider from giving the trade waste approval or seepage water approval.\nIf the sewerage service provider acts under subsection (1) or (2) , the sewerage service provider must give the approval holder an information notice about the action.\ns 184 amd 2010 No. 20 s 135 ; 2011 No. 31 s 402\n(sec.184-ssec.1) Despite section 183 (1) , the sewerage service provider may suspend or cancel a trade waste approval or seepage water approval without giving a show cause notice if the sewerage service provider considers urgent action is necessary— in the interests of public health or safety; or to prevent environmental harm; or to prevent damage to the sewerage service provider’s sewerage system.\n(sec.184-ssec.2) Also, a sewerage service provider must cancel a trade waste approval or seepage water approval given by the sewerage service provider if the sewerage service provider has been given a regulator notice prohibiting the sewerage service provider from giving the trade waste approval or seepage water approval.\n(sec.184-ssec.3) If the sewerage service provider acts under subsection (1) or (2) , the sewerage service provider must give the approval holder an information notice about the action.\n- (a) in the interests of public health or safety; or\n- (b) to prevent environmental harm; or\n- (c) to prevent damage to the sewerage service provider’s sewerage system.","sortOrder":197},{"sectionNumber":"sec.185","sectionType":"section","heading":"Amending trade waste approval or seepage water approval","content":"### sec.185 Amending trade waste approval or seepage water approval\n\nThis section applies if—\na sewerage service provider receives a regulator notice stating conditions the sewerage service provider must impose on a trade waste approval or seepage water approval; and\na trade waste approval or seepage water approval that has been given by the sewerage service provider is not consistent with the conditions mentioned in paragraph (a) .\nThe sewerage service provider must, by notice given to the approval holder, amend the approval to ensure it is consistent with the conditions mentioned in subsection (1) (a) .\nThe notice must, for the purpose of subsection (2) —\nif the approval is subject to conditions—state how the conditions of the approval are amended; and\nstate any other conditions to which the approval is subject.\nIf the sewerage service provider gives an approval holder a notice under this section, the approval is taken to be amended in the way stated in the notice when the notice is given.\ns 185 amd 2010 No. 20 s 136 ; 2011 No. 31 s 403\n(sec.185-ssec.1) This section applies if— a sewerage service provider receives a regulator notice stating conditions the sewerage service provider must impose on a trade waste approval or seepage water approval; and a trade waste approval or seepage water approval that has been given by the sewerage service provider is not consistent with the conditions mentioned in paragraph (a) .\n(sec.185-ssec.2) The sewerage service provider must, by notice given to the approval holder, amend the approval to ensure it is consistent with the conditions mentioned in subsection (1) (a) .\n(sec.185-ssec.3) The notice must, for the purpose of subsection (2) — if the approval is subject to conditions—state how the conditions of the approval are amended; and state any other conditions to which the approval is subject.\n(sec.185-ssec.4) If the sewerage service provider gives an approval holder a notice under this section, the approval is taken to be amended in the way stated in the notice when the notice is given.\n- (a) a sewerage service provider receives a regulator notice stating conditions the sewerage service provider must impose on a trade waste approval or seepage water approval; and\n- (b) a trade waste approval or seepage water approval that has been given by the sewerage service provider is not consistent with the conditions mentioned in paragraph (a) .\n- (a) if the approval is subject to conditions—state how the conditions of the approval are amended; and\n- (b) state any other conditions to which the approval is subject.","sortOrder":198},{"sectionNumber":"sec.186","sectionType":"section","heading":"Sections 186 –189 not used","content":"### sec.186 Sections 186 –189 not used\n\nSee editor’s note for section 1 .","sortOrder":199},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":200},{"sectionNumber":"sec.190","sectionType":"section","heading":"Supplying unauthorised services","content":"### sec.190 Supplying unauthorised services\n\nAn entity must not supply a sewerage or water service unless the entity—\nis a service provider for the service; or\nis operating infrastructure for the service provider for the service.\nMaximum penalty—1,000 penalty units.\nThis provision is an executive liability provision—see section 487 .\ns 190 amd 2013 No. 23 s 343 ; 2013 No. 51 s 229 sch 1\n- (a) is a service provider for the service; or\n- (b) is operating infrastructure for the service provider for the service.","sortOrder":201},{"sectionNumber":"sec.191","sectionType":"section","heading":"Connecting to or disconnecting from service provider’s infrastructure without approval","content":"### sec.191 Connecting to or disconnecting from service provider’s infrastructure without approval\n\nA person must not, without the written consent of a service provider, connect to, or disconnect from, the service provider’s infrastructure.\nMaximum penalty—1,000 penalty units.","sortOrder":202},{"sectionNumber":"sec.192","sectionType":"section","heading":"Interfering with service provider’s infrastructure","content":"### sec.192 Interfering with service provider’s infrastructure\n\nA person must not, without the written consent of a service provider, interfere with a service provider’s infrastructure.\nMaximum penalty—1,000 penalty units.\nA person must not, without the written consent of a service provider, build over, interfere with access to, increase or reduce the cover over, or change the surface of land in a way causing ponding of water over an access chamber for, a service provider’s infrastructure.\nMaximum penalty—500 penalty units.\nHowever, despite subsections (1) and (2) , a person does not require the written consent of the service provider if the person carries out building work for a building or structure on a lot that contains, or is adjacent to a lot that contains, a sewer or water main of the service provider.\nIn this section—\nbuilding see the Building Act 1975 , schedule 2 .\nbuilding work see the Building Act 1975 , section 5 .\nstructure see the Building Act 1975 , schedule 2 .\ns 192 amd 2013 No. 30 s 8\n(sec.192-ssec.1) A person must not, without the written consent of a service provider, interfere with a service provider’s infrastructure. Maximum penalty—1,000 penalty units.\n(sec.192-ssec.2) A person must not, without the written consent of a service provider, build over, interfere with access to, increase or reduce the cover over, or change the surface of land in a way causing ponding of water over an access chamber for, a service provider’s infrastructure. Maximum penalty—500 penalty units.\n(sec.192-ssec.3) However, despite subsections (1) and (2) , a person does not require the written consent of the service provider if the person carries out building work for a building or structure on a lot that contains, or is adjacent to a lot that contains, a sewer or water main of the service provider.\n(sec.192-ssec.4) In this section— building see the Building Act 1975 , schedule 2 . building work see the Building Act 1975 , section 5 . structure see the Building Act 1975 , schedule 2 .","sortOrder":203},{"sectionNumber":"sec.193","sectionType":"section","heading":"Discharging particular substances","content":"### sec.193 Discharging particular substances\n\nA person must not discharge trade waste or seepage water into a sewerage service provider’s infrastructure without the sewerage service provider’s approval under section 180 .\nMaximum penalty—1,665 penalty units.\nA sewerage service provider can not give a person an approval, under section 180 , to discharge seepage water from a mining activity or petroleum activity, within the meaning of the Environmental Protection Act 1994 , into sewerage infrastructure.\nA person must not discharge a prohibited substance, surface water, soil, sand or rock into a service provider’s infrastructure.\nMaximum penalty—1,665 penalty units.\nA person must not discharge water from an ornamental pond, a swimming pool or the filtration system of a swimming pool into a service provider’s infrastructure without the written consent of the service provider.\nMaximum penalty—500 penalty units.\ns 193 amd 2010 No. 20 s 137 ; 2011 No. 31 s 404\n(sec.193-ssec.1) A person must not discharge trade waste or seepage water into a sewerage service provider’s infrastructure without the sewerage service provider’s approval under section 180 . Maximum penalty—1,665 penalty units. A sewerage service provider can not give a person an approval, under section 180 , to discharge seepage water from a mining activity or petroleum activity, within the meaning of the Environmental Protection Act 1994 , into sewerage infrastructure.\n(sec.193-ssec.2) A person must not discharge a prohibited substance, surface water, soil, sand or rock into a service provider’s infrastructure. Maximum penalty—1,665 penalty units.\n(sec.193-ssec.3) A person must not discharge water from an ornamental pond, a swimming pool or the filtration system of a swimming pool into a service provider’s infrastructure without the written consent of the service provider. Maximum penalty—500 penalty units.","sortOrder":204},{"sectionNumber":"sec.194","sectionType":"section","heading":"Polluting water","content":"### sec.194 Polluting water\n\nA person must not do anything likely to pollute water in a service provider’s water service.\nMaximum penalty—1,000 penalty units.","sortOrder":205},{"sectionNumber":"sec.195","sectionType":"section","heading":"Taking water without approval","content":"### sec.195 Taking water without approval\n\nA person must not, without a service provider’s written approval, take water from a service provider’s infrastructure.\nMaximum penalty—1,000 penalty units.\nIf water is supplied to premises by a service provider’s infrastructure for domestic purposes, a person must not, without the service provider’s written approval, take water from a supply pipe on the premises for use off the premises, other than for the domestic purposes of the owner or occupier of the premises.\nMaximum penalty—1,000 penalty units.\nHowever, a person may take water from a service provider’s infrastructure—\nfor firefighting purposes; or\nif the water is supplied for general public use.\n(sec.195-ssec.1) A person must not, without a service provider’s written approval, take water from a service provider’s infrastructure. Maximum penalty—1,000 penalty units.\n(sec.195-ssec.2) If water is supplied to premises by a service provider’s infrastructure for domestic purposes, a person must not, without the service provider’s written approval, take water from a supply pipe on the premises for use off the premises, other than for the domestic purposes of the owner or occupier of the premises. Maximum penalty—1,000 penalty units.\n(sec.195-ssec.3) However, a person may take water from a service provider’s infrastructure— for firefighting purposes; or if the water is supplied for general public use.\n- (a) for firefighting purposes; or\n- (b) if the water is supplied for general public use.","sortOrder":206},{"sectionNumber":"ch.3-pt.1A","sectionType":"part","heading":"Recycled water schemes","content":"# Recycled water schemes","sortOrder":207},{"sectionNumber":"ch.3-pt.1A-div.1","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":208},{"sectionNumber":"sec.196AA","sectionType":"section","heading":"Requirement to seek registration","content":"### sec.196AA Requirement to seek registration\n\nThe relevant entity for a recycled water scheme must apply for registration of the scheme before the deadline.\nMaximum penalty—500 penalty units.\nIn this section—\ndeadline , for a relevant entity for a recycled water scheme, means—\nif an entity must have an approved recycled water management plan for the scheme under section 196 —before supplying recycled water under the scheme; or\notherwise—the day that is 3 months after first supplying recycled water under the scheme.\nFor recycled water schemes in existence before the commencement of this section, the deadline is 1 July 2014. See section 664 .\ns 196AA ins 2014 No. 16 s 73\namd 2014 No. 31 s 22\n(sec.196AA-ssec.1) The relevant entity for a recycled water scheme must apply for registration of the scheme before the deadline. Maximum penalty—500 penalty units.\n(sec.196AA-ssec.2) In this section— deadline , for a relevant entity for a recycled water scheme, means— if an entity must have an approved recycled water management plan for the scheme under section 196 —before supplying recycled water under the scheme; or otherwise—the day that is 3 months after first supplying recycled water under the scheme. For recycled water schemes in existence before the commencement of this section, the deadline is 1 July 2014. See section 664 .\n- (a) if an entity must have an approved recycled water management plan for the scheme under section 196 —before supplying recycled water under the scheme; or\n- (b) otherwise—the day that is 3 months after first supplying recycled water under the scheme.","sortOrder":209},{"sectionNumber":"sec.196AB","sectionType":"section","heading":"Registration application","content":"### sec.196AB Registration application\n\nAn application to register a scheme mentioned in section 196AA must be—\nmade to the regulator in the approved form; and\nsupported by sufficient information to enable the regulator to register the scheme; and\naccompanied by the fee prescribed under a regulation.\nThe regulator may require the relevant entity to give additional information about the application.\nThe regulator may require the information included in the application, or the additional information required under subsection (2) , to be verified by statutory declaration.\ns 196AB ins 2014 No. 16 s 73\n(sec.196AB-ssec.1) An application to register a scheme mentioned in section 196AA must be— made to the regulator in the approved form; and supported by sufficient information to enable the regulator to register the scheme; and accompanied by the fee prescribed under a regulation.\n(sec.196AB-ssec.2) The regulator may require the relevant entity to give additional information about the application.\n(sec.196AB-ssec.3) The regulator may require the information included in the application, or the additional information required under subsection (2) , to be verified by statutory declaration.\n- (a) made to the regulator in the approved form; and\n- (b) supported by sufficient information to enable the regulator to register the scheme; and\n- (c) accompanied by the fee prescribed under a regulation.","sortOrder":210},{"sectionNumber":"sec.196AC","sectionType":"section","heading":"Registration of recycled water scheme","content":"### sec.196AC Registration of recycled water scheme\n\nThis section applies if the regulator is satisfied—\nan application complies with section 196AB (1) ; and\nany requirement for the application, made under section 196AB (2) or (3) , has been complied with.\nThe regulator must—\nregister the recycled water scheme applied for; and\ngive notice of the registration to the relevant entity.\nThe registration takes effect the day the regulator registers the recycled water scheme under subsection (2) (a) .\ns 196AC ins 2014 No. 16 s 73\n(sec.196AC-ssec.1) This section applies if the regulator is satisfied— an application complies with section 196AB (1) ; and any requirement for the application, made under section 196AB (2) or (3) , has been complied with.\n(sec.196AC-ssec.2) The regulator must— register the recycled water scheme applied for; and give notice of the registration to the relevant entity.\n(sec.196AC-ssec.3) The registration takes effect the day the regulator registers the recycled water scheme under subsection (2) (a) .\n- (a) an application complies with section 196AB (1) ; and\n- (b) any requirement for the application, made under section 196AB (2) or (3) , has been complied with.\n- (a) register the recycled water scheme applied for; and\n- (b) give notice of the registration to the relevant entity.","sortOrder":211},{"sectionNumber":"ch.3-pt.1A-div.2","sectionType":"division","heading":"Changing registration details","content":"## Changing registration details","sortOrder":212},{"sectionNumber":"sec.196AD","sectionType":"section","heading":"Applying to change details of registration","content":"### sec.196AD Applying to change details of registration\n\nThe relevant entity for a recycled water scheme registered under division 1 must apply to change the details of the registration if the details of the registration recorded in the register have changed.\nThe application must be made to the regulator in the approved form.\nOn receiving the application the regulator must—\nrecord the change in the register; and\ngive the relevant entity notice confirming the change to the register.\nIn this section—\nregister means the register of recycled water schemes kept under section 12A .\n(sec.196AD-ssec.1) The relevant entity for a recycled water scheme registered under division 1 must apply to change the details of the registration if the details of the registration recorded in the register have changed.\n(sec.196AD-ssec.2) The application must be made to the regulator in the approved form.\n(sec.196AD-ssec.3) On receiving the application the regulator must— record the change in the register; and give the relevant entity notice confirming the change to the register.\n(sec.196AD-ssec.4) In this section— register means the register of recycled water schemes kept under section 12A .\n- (a) record the change in the register; and\n- (b) give the relevant entity notice confirming the change to the register.","sortOrder":213},{"sectionNumber":"sec.196AE","sectionType":"section","heading":"Applying to cancel registration","content":"### sec.196AE Applying to cancel registration\n\nThe relevant entity for a recycled water scheme registered under division 1 may apply to cancel the registration if recycled water is no longer supplied under the scheme.\nThe application must be made to the regulator in the approved form.\nOn receiving the application the regulator must—\nrecord the cancellation in the register; and\ngive the relevant entity a notice confirming the cancellation.\nIn this section—\nregister means the register of recycled water schemes kept under section 12A .\n(sec.196AE-ssec.1) The relevant entity for a recycled water scheme registered under division 1 may apply to cancel the registration if recycled water is no longer supplied under the scheme.\n(sec.196AE-ssec.2) The application must be made to the regulator in the approved form.\n(sec.196AE-ssec.3) On receiving the application the regulator must— record the cancellation in the register; and give the relevant entity a notice confirming the cancellation.\n(sec.196AE-ssec.4) In this section— register means the register of recycled water schemes kept under section 12A .\n- (a) record the cancellation in the register; and\n- (b) give the relevant entity a notice confirming the cancellation.","sortOrder":214},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Particular offences","content":"# Particular offences","sortOrder":215},{"sectionNumber":"sec.196","sectionType":"section","heading":"Offence about supplying recycled water without approved recycled water management plan","content":"### sec.196 Offence about supplying recycled water without approved recycled water management plan\n\nThis section applies for a supply of recycled water under a recycled water scheme if—\nthe scheme is a critical recycled water scheme; or\nthe recycled water is supplied to augment a supply of drinking water; or\nthe recycled water is supplied to premises by way of a dual reticulation system; or\nthe recycled water is supplied for use in irrigating minimally processed food crops; or\nthe recycled water is supplied for a use prescribed under a regulation.\nThe recycled water provider for a single-entity recycled water scheme must not supply the recycled water under the scheme, unless there is an approved recycled water management plan for the supply of the water.\nMaximum penalty—1,665 penalty units.\nA recycled water provider or other declared entity for a multiple-entity recycled water scheme must not supply the recycled water under the scheme, unless there is an approved recycled water management plan for the supply of the water.\nMaximum penalty—1,665 penalty units.\nIn this section—\nminimally processed food crops means crops stated to be minimally processed food crops, in relation to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.\ns 196 amd 2013 No. 51 s 229 sch 1\nsub 2014 No. 16 s 74\namd 2014 No. 31 s 23\n(sec.196-ssec.1) This section applies for a supply of recycled water under a recycled water scheme if— the scheme is a critical recycled water scheme; or the recycled water is supplied to augment a supply of drinking water; or the recycled water is supplied to premises by way of a dual reticulation system; or the recycled water is supplied for use in irrigating minimally processed food crops; or the recycled water is supplied for a use prescribed under a regulation.\n(sec.196-ssec.2) The recycled water provider for a single-entity recycled water scheme must not supply the recycled water under the scheme, unless there is an approved recycled water management plan for the supply of the water. Maximum penalty—1,665 penalty units.\n(sec.196-ssec.3) A recycled water provider or other declared entity for a multiple-entity recycled water scheme must not supply the recycled water under the scheme, unless there is an approved recycled water management plan for the supply of the water. Maximum penalty—1,665 penalty units.\n(sec.196-ssec.4) In this section— minimally processed food crops means crops stated to be minimally processed food crops, in relation to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.\n- (a) the scheme is a critical recycled water scheme; or\n- (b) the recycled water is supplied to augment a supply of drinking water; or\n- (c) the recycled water is supplied to premises by way of a dual reticulation system; or\n- (d) the recycled water is supplied for use in irrigating minimally processed food crops; or\n- (e) the recycled water is supplied for a use prescribed under a regulation.","sortOrder":216},{"sectionNumber":"sec.197","sectionType":"section","heading":"Offences about compliance with recycled water management plan","content":"### sec.197 Offences about compliance with recycled water management plan\n\nThis section applies for an approved recycled water management plan only if a recycled water provider is required to have the plan under section 196 (2) or (3) .\nA recycled water provider who has an approved recycled water management plan for the provider’s single-entity recycled water scheme must comply with—\nthe plan; and\nthe conditions of the plan.\nMaximum penalty—1,665 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\nThe scheme manager and each recycled water provider or other declared entity for a multiple-entity recycled water scheme must comply with—\nthe approved recycled water management plan for the scheme to the extent it applies to the scheme manager, recycled water provider or other entity; and\nthe conditions of the plan to the extent the conditions apply to the scheme manager, recycled water provider or other entity.\nMaximum penalty—1,665 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\ns 197 amd 2013 No. 51 s 229 sch 1 ; 2014 No. 16 s 75\n(sec.197-ssec.1) This section applies for an approved recycled water management plan only if a recycled water provider is required to have the plan under section 196 (2) or (3) .\n(sec.197-ssec.2) A recycled water provider who has an approved recycled water management plan for the provider’s single-entity recycled water scheme must comply with— the plan; and the conditions of the plan. Maximum penalty—1,665 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\n(sec.197-ssec.3) The scheme manager and each recycled water provider or other declared entity for a multiple-entity recycled water scheme must comply with— the approved recycled water management plan for the scheme to the extent it applies to the scheme manager, recycled water provider or other entity; and the conditions of the plan to the extent the conditions apply to the scheme manager, recycled water provider or other entity. Maximum penalty—1,665 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\n- (a) the plan; and\n- (b) the conditions of the plan.\n- (a) the approved recycled water management plan for the scheme to the extent it applies to the scheme manager, recycled water provider or other entity; and\n- (b) the conditions of the plan to the extent the conditions apply to the scheme manager, recycled water provider or other entity.","sortOrder":217},{"sectionNumber":"sec.198","sectionType":"section","heading":null,"content":"### Section sec.198\n\ns 198 sub 2010 No. 53 s 210\namd 2013 No. 51 s 229 sch 1\nom 2014 No. 31 s 24","sortOrder":218},{"sectionNumber":"sec.199","sectionType":"section","heading":null,"content":"### Section sec.199\n\ns 199 ins 2010 No. 53 s 210\nom 2014 No. 31 s 24","sortOrder":219},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Recycled water management planning","content":"# Recycled water management planning","sortOrder":220},{"sectionNumber":"sec.200","sectionType":"section","heading":"Purpose of recycled water management plan","content":"### sec.200 Purpose of recycled water management plan\n\nThe purposes of a recycled water management plan are—\nif the plan is for a critical recycled water scheme—\nto protect public health; and\nif applicable, to ensure the continuity of operation of the scheme; or\notherwise—to protect public health.\ns 200 amd 2010 No. 53 s 211\n- (a) if the plan is for a critical recycled water scheme— (i) to protect public health; and (ii) if applicable, to ensure the continuity of operation of the scheme; or\n- (i) to protect public health; and\n- (ii) if applicable, to ensure the continuity of operation of the scheme; or\n- (b) otherwise—to protect public health.\n- (i) to protect public health; and\n- (ii) if applicable, to ensure the continuity of operation of the scheme; or","sortOrder":221},{"sectionNumber":"sec.201","sectionType":"section","heading":"Content of particular plans","content":"### sec.201 Content of particular plans\n\nA recycled water management plan must—\ndescribe the recycled water scheme to which the plan relates; and\ninclude details of the infrastructure for the production or supply of recycled water under the scheme, and how the infrastructure is to be maintained; and\ninclude the proposed water quality criteria for recycled water for the plan; and\nidentify the hazards and hazardous events that may affect the quality of the recycled water; and\ninclude an assessment of the risks posed by the hazards and hazardous events; and\ndemonstrate how the risks posed by the hazards and hazardous events are proposed to be managed; and\ninclude details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for recycled water for the plan; and\ninclude the incident and emergency response plan for the scheme; and\nif recycled water is supplied under the recycled water scheme to premises by way of a dual reticulation system—include details of an education and risk awareness program for customers of the scheme.\nAlso, a recycled water management plan for a multiple-entity recycled water scheme must include—\na scheme manager plan prepared by the scheme manager for the scheme; and\neach scheme provider plan prepared by each recycled water provider and other declared entity for the scheme.\nA recycled water management plan, scheme manager plan and scheme provider plan must be prepared in accordance with any guidelines made by the regulator about—\npreparing recycled water management plans; and\nvalidating recycled water schemes.\ns 201 amd 2009 No. 46 s 137 ; 2010 No. 20 s 138 ; 2010 No. 53 s 212 ; 2013 No. 23 s 344\nsub 2014 No. 16 s 76\namd 2014 No. 31 s 25\n(sec.201-ssec.1) A recycled water management plan must— describe the recycled water scheme to which the plan relates; and include details of the infrastructure for the production or supply of recycled water under the scheme, and how the infrastructure is to be maintained; and include the proposed water quality criteria for recycled water for the plan; and identify the hazards and hazardous events that may affect the quality of the recycled water; and include an assessment of the risks posed by the hazards and hazardous events; and demonstrate how the risks posed by the hazards and hazardous events are proposed to be managed; and include details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for recycled water for the plan; and include the incident and emergency response plan for the scheme; and if recycled water is supplied under the recycled water scheme to premises by way of a dual reticulation system—include details of an education and risk awareness program for customers of the scheme.\n(sec.201-ssec.2) Also, a recycled water management plan for a multiple-entity recycled water scheme must include— a scheme manager plan prepared by the scheme manager for the scheme; and each scheme provider plan prepared by each recycled water provider and other declared entity for the scheme.\n(sec.201-ssec.3) A recycled water management plan, scheme manager plan and scheme provider plan must be prepared in accordance with any guidelines made by the regulator about— preparing recycled water management plans; and validating recycled water schemes.\n- (a) describe the recycled water scheme to which the plan relates; and\n- (b) include details of the infrastructure for the production or supply of recycled water under the scheme, and how the infrastructure is to be maintained; and\n- (c) include the proposed water quality criteria for recycled water for the plan; and\n- (d) identify the hazards and hazardous events that may affect the quality of the recycled water; and\n- (e) include an assessment of the risks posed by the hazards and hazardous events; and\n- (f) demonstrate how the risks posed by the hazards and hazardous events are proposed to be managed; and\n- (g) include details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for recycled water for the plan; and\n- (h) include the incident and emergency response plan for the scheme; and\n- (i) if recycled water is supplied under the recycled water scheme to premises by way of a dual reticulation system—include details of an education and risk awareness program for customers of the scheme.\n- (a) a scheme manager plan prepared by the scheme manager for the scheme; and\n- (b) each scheme provider plan prepared by each recycled water provider and other declared entity for the scheme.\n- (a) preparing recycled water management plans; and\n- (b) validating recycled water schemes.","sortOrder":222},{"sectionNumber":"sec.201A","sectionType":"section","heading":null,"content":"### Section sec.201A\n\ns 201A ins 2010 No. 53 s 213\nom 2014 No. 31 s 26","sortOrder":223},{"sectionNumber":"sec.202","sectionType":"section","heading":"Application for approval of recycled water management plan","content":"### sec.202 Application for approval of recycled water management plan\n\nIf, under section 196 , a relevant entity for a recycled water scheme must have an approved recycled water management plan for the supply of recycled water under the scheme, the entity must apply to the regulator for approval of a recycled water management plan for the scheme.\nAn application under this section must—\nbe in the approved form; and\nbe accompanied by—\na copy of the recycled water management plan; and\nthe fee prescribed under a regulation.\nSubsection (4) applies if, under a recycled water scheme, recycled water is proposed to be supplied to augment a supply of drinking water.\nDespite subsection (1) , a relevant entity for the recycled water scheme must not apply for approval of the recycled water management plan for the scheme unless there is an approved validation program for the scheme.\ns 202 amd 2010 No. 53 s 214 ; 2014 No. 16 s 77 ; 2014 No. 31 s 27\n(sec.202-ssec.1) If, under section 196 , a relevant entity for a recycled water scheme must have an approved recycled water management plan for the supply of recycled water under the scheme, the entity must apply to the regulator for approval of a recycled water management plan for the scheme.\n(sec.202-ssec.2) An application under this section must— be in the approved form; and be accompanied by— a copy of the recycled water management plan; and the fee prescribed under a regulation.\n(sec.202-ssec.3) Subsection (4) applies if, under a recycled water scheme, recycled water is proposed to be supplied to augment a supply of drinking water.\n(sec.202-ssec.4) Despite subsection (1) , a relevant entity for the recycled water scheme must not apply for approval of the recycled water management plan for the scheme unless there is an approved validation program for the scheme.\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) a copy of the recycled water management plan; and (ii) the fee prescribed under a regulation.\n- (i) a copy of the recycled water management plan; and\n- (ii) the fee prescribed under a regulation.\n- (i) a copy of the recycled water management plan; and\n- (ii) the fee prescribed under a regulation.","sortOrder":224},{"sectionNumber":"sec.203","sectionType":"section","heading":"Additional information may be required","content":"### sec.203 Additional information may be required\n\nThe regulator may, by notice given to the relevant entity, require—\nthe entity to give additional information about the recycled water management plan, including, for example, information about arrangements relating to the supply of recycled water under the scheme; or\nany information included in the plan, or any additional information required under paragraph (a) , to be verified by statutory declaration.\nIf the relevant entity fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.\nA requirement under this section is an information requirement .\nIn this section—\nrelevant entity , in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.\n(sec.203-ssec.1) The regulator may, by notice given to the relevant entity, require— the entity to give additional information about the recycled water management plan, including, for example, information about arrangements relating to the supply of recycled water under the scheme; or any information included in the plan, or any additional information required under paragraph (a) , to be verified by statutory declaration.\n(sec.203-ssec.2) If the relevant entity fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.\n(sec.203-ssec.3) A requirement under this section is an information requirement .\n(sec.203-ssec.4) In this section— relevant entity , in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.\n- (a) the entity to give additional information about the recycled water management plan, including, for example, information about arrangements relating to the supply of recycled water under the scheme; or\n- (b) any information included in the plan, or any additional information required under paragraph (a) , to be verified by statutory declaration.","sortOrder":225},{"sectionNumber":"sec.204","sectionType":"section","heading":"Regulator may obtain advice about application","content":"### sec.204 Regulator may obtain advice about application\n\nThe regulator may obtain advice from an advisory council or any other entity the regulator considers appropriate before deciding the application.","sortOrder":226},{"sectionNumber":"sec.205","sectionType":"section","heading":"Consideration of application","content":"### sec.205 Consideration of application\n\nThe regulator must consider each application and decide to approve, with or without conditions ( regulator conditions ), or refuse to approve, the recycled water management plan—\nif an information requirement is not made in relation to the plan—within 80 business days after receiving the plan; or\nif an information requirement is made in relation to the plan—within 80 business days after the requirement has been complied with.\nIn considering an application, the regulator must have regard to the following—\nthe recycled water management plan and any additional information about the plan given to the regulator under section 203 ;\nthe guidelines, if any, made by the regulator about preparing recycled water management plans and validating recycled water schemes;\nthe approved validation program for the recycled water scheme to which the plan relates, if the scheme involves the supply of recycled water to augment a supply of drinking water;\nany advice obtained by the regulator under section 204 ;\nthe water quality criteria for recycled water.\ns 205 amd 2010 No. 53 s 215 ; 2014 No. 31 s 28\n(sec.205-ssec.1) The regulator must consider each application and decide to approve, with or without conditions ( regulator conditions ), or refuse to approve, the recycled water management plan— if an information requirement is not made in relation to the plan—within 80 business days after receiving the plan; or if an information requirement is made in relation to the plan—within 80 business days after the requirement has been complied with.\n(sec.205-ssec.2) In considering an application, the regulator must have regard to the following— the recycled water management plan and any additional information about the plan given to the regulator under section 203 ; the guidelines, if any, made by the regulator about preparing recycled water management plans and validating recycled water schemes; the approved validation program for the recycled water scheme to which the plan relates, if the scheme involves the supply of recycled water to augment a supply of drinking water; any advice obtained by the regulator under section 204 ; the water quality criteria for recycled water.\n- (a) if an information requirement is not made in relation to the plan—within 80 business days after receiving the plan; or\n- (b) if an information requirement is made in relation to the plan—within 80 business days after the requirement has been complied with.\n- (a) the recycled water management plan and any additional information about the plan given to the regulator under section 203 ;\n- (b) the guidelines, if any, made by the regulator about preparing recycled water management plans and validating recycled water schemes;\n- (c) the approved validation program for the recycled water scheme to which the plan relates, if the scheme involves the supply of recycled water to augment a supply of drinking water;\n- (d) any advice obtained by the regulator under section 204 ;\n- (e) the water quality criteria for recycled water.","sortOrder":227},{"sectionNumber":"sec.206","sectionType":"section","heading":"Notice of decision","content":"### sec.206 Notice of decision\n\nWithin 10 business days after deciding the application, the regulator must give the relevant entity—\nif the decision is to approve the recycled water management plan without regulator conditions—notice of the decision; or\nif the decision is to approve the plan with regulator conditions, or refuse to approve the plan—an information notice for the decision.\nIf the regulator approves the recycled water management plan, the notice of the decision or information notice for the decision must state all of the following—\nthe regulator conditions, if any, of the approval;\nthe intervals at which regular reviews of the approved plan must be conducted;\nthe intervals at which internal audits of the approved plan must be conducted;\nthe intervals at which regular audits of the approved plan must be conducted.\nAn interval mentioned in subsection (2) (b) or (c) must not be less than—\nif any part of the recycled water management plan is for a critical recycled water scheme—1 year; or\notherwise—2 years.\nAn interval mentioned in subsection (2) (d) is the interval decided by the regulator.\ns 206 amd 2010 No. 20 s 139 ; 2010 No. 53 s 216 ; 2014 No. 31 s 29\n(sec.206-ssec.1) Within 10 business days after deciding the application, the regulator must give the relevant entity— if the decision is to approve the recycled water management plan without regulator conditions—notice of the decision; or if the decision is to approve the plan with regulator conditions, or refuse to approve the plan—an information notice for the decision.\n(sec.206-ssec.2) If the regulator approves the recycled water management plan, the notice of the decision or information notice for the decision must state all of the following— the regulator conditions, if any, of the approval; the intervals at which regular reviews of the approved plan must be conducted; the intervals at which internal audits of the approved plan must be conducted; the intervals at which regular audits of the approved plan must be conducted.\n(sec.206-ssec.3) An interval mentioned in subsection (2) (b) or (c) must not be less than— if any part of the recycled water management plan is for a critical recycled water scheme—1 year; or otherwise—2 years.\n(sec.206-ssec.4) An interval mentioned in subsection (2) (d) is the interval decided by the regulator.\n- (a) if the decision is to approve the recycled water management plan without regulator conditions—notice of the decision; or\n- (b) if the decision is to approve the plan with regulator conditions, or refuse to approve the plan—an information notice for the decision.\n- (a) the regulator conditions, if any, of the approval;\n- (b) the intervals at which regular reviews of the approved plan must be conducted;\n- (c) the intervals at which internal audits of the approved plan must be conducted;\n- (d) the intervals at which regular audits of the approved plan must be conducted.\n- (a) if any part of the recycled water management plan is for a critical recycled water scheme—1 year; or\n- (b) otherwise—2 years.","sortOrder":228},{"sectionNumber":"sec.207","sectionType":"section","heading":"When regulator must not approve recycled water management plan","content":"### sec.207 When regulator must not approve recycled water management plan\n\nThis section applies to a recycled water scheme if—\nrecycled water is proposed to be supplied under the scheme to augment a supply of drinking water; and\nthe supply of the recycled water is into a water storage of a drinking water service provider that, under chapter 2 , part 4 , division 1 , must have a drinking water quality management plan.\nThe regulator must not approve the recycled water management plan for the recycled water scheme unless there is an approved drinking water quality management plan for the water storage.\ns 207 amd 2010 No. 53 s 217 ; 2014 No. 16 s 101 sch 1 ; 2014 No. 31 s 30\n(sec.207-ssec.1) This section applies to a recycled water scheme if— recycled water is proposed to be supplied under the scheme to augment a supply of drinking water; and the supply of the recycled water is into a water storage of a drinking water service provider that, under chapter 2 , part 4 , division 1 , must have a drinking water quality management plan.\n(sec.207-ssec.2) The regulator must not approve the recycled water management plan for the recycled water scheme unless there is an approved drinking water quality management plan for the water storage.\n- (a) recycled water is proposed to be supplied under the scheme to augment a supply of drinking water; and\n- (b) the supply of the recycled water is into a water storage of a drinking water service provider that, under chapter 2 , part 4 , division 1 , must have a drinking water quality management plan.","sortOrder":229},{"sectionNumber":"sec.208","sectionType":"section","heading":"Statutory condition of approved recycled water management plans","content":"### sec.208 Statutory condition of approved recycled water management plans\n\nAn approved recycled water management plan for a single-entity recycled water scheme is subject to the conditions stated in subsections (2) and (3) .\nIf the recycled water provider for the scheme stops or intends to stop the production or supply of recycled water under the scheme, other than as provided for under the recycled water management plan or permanently, the provider must as soon as practicable give the regulator notice of the stoppage or proposed stoppage.\nIf the recycled water provider for the scheme becomes aware that an entity to whom the provider supplies recycled water is using the water other than in a way or for the purpose provided for under the plan, the provider must stop supply of the water to the entity.\nAn approved recycled water management plan for a multiple-entity recycled water scheme is subject to the conditions stated in subsections (5) and (6) .\nIf a recycled water provider or other declared entity for the scheme stops or intends to stop the production or supply of recycled water under the scheme, other than as provided for under the recycled water management plan or permanently, the scheme manager for the scheme must as soon as practicable give the regulator notice of the stoppage or proposed stoppage.\nIf a recycled water provider or other declared entity for the scheme becomes aware that an entity to whom the provider or declared entity supplies recycled water is using the water other than in a way or for the purpose provided for under the plan, the provider or declared entity must stop supply of the water to the entity.\nFor when a notice must be given to the regulator if supply of recycled water is to stop permanently, see section 230 .\n(sec.208-ssec.1) An approved recycled water management plan for a single-entity recycled water scheme is subject to the conditions stated in subsections (2) and (3) .\n(sec.208-ssec.2) If the recycled water provider for the scheme stops or intends to stop the production or supply of recycled water under the scheme, other than as provided for under the recycled water management plan or permanently, the provider must as soon as practicable give the regulator notice of the stoppage or proposed stoppage.\n(sec.208-ssec.3) If the recycled water provider for the scheme becomes aware that an entity to whom the provider supplies recycled water is using the water other than in a way or for the purpose provided for under the plan, the provider must stop supply of the water to the entity.\n(sec.208-ssec.4) An approved recycled water management plan for a multiple-entity recycled water scheme is subject to the conditions stated in subsections (5) and (6) .\n(sec.208-ssec.5) If a recycled water provider or other declared entity for the scheme stops or intends to stop the production or supply of recycled water under the scheme, other than as provided for under the recycled water management plan or permanently, the scheme manager for the scheme must as soon as practicable give the regulator notice of the stoppage or proposed stoppage.\n(sec.208-ssec.6) If a recycled water provider or other declared entity for the scheme becomes aware that an entity to whom the provider or declared entity supplies recycled water is using the water other than in a way or for the purpose provided for under the plan, the provider or declared entity must stop supply of the water to the entity. For when a notice must be given to the regulator if supply of recycled water is to stop permanently, see section 230 .","sortOrder":230},{"sectionNumber":"sec.209","sectionType":"section","heading":"Amending recycled water management plan by agreement","content":"### sec.209 Amending recycled water management plan by agreement\n\nThe relevant entity for a recycled water scheme may, with the regulator’s agreement, amend the recycled water management plan for the scheme if the amendment—\nis only to correct a minor error in the plan or make another change that is not a change of substance; or\nis to record a change of name or change of ownership of—\nfor a single-entity recycled water scheme—the recycled water provider for the scheme; or\nfor a multiple-entity recycled water scheme—the scheme manager, a recycled water provider or other declared entity for the scheme.\nThe recycled water management plan as amended is taken to be the approved recycled water management plan.\n(sec.209-ssec.1) The relevant entity for a recycled water scheme may, with the regulator’s agreement, amend the recycled water management plan for the scheme if the amendment— is only to correct a minor error in the plan or make another change that is not a change of substance; or is to record a change of name or change of ownership of— for a single-entity recycled water scheme—the recycled water provider for the scheme; or for a multiple-entity recycled water scheme—the scheme manager, a recycled water provider or other declared entity for the scheme.\n(sec.209-ssec.2) The recycled water management plan as amended is taken to be the approved recycled water management plan.\n- (a) is only to correct a minor error in the plan or make another change that is not a change of substance; or\n- (b) is to record a change of name or change of ownership of— (i) for a single-entity recycled water scheme—the recycled water provider for the scheme; or (ii) for a multiple-entity recycled water scheme—the scheme manager, a recycled water provider or other declared entity for the scheme.\n- (i) for a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (ii) for a multiple-entity recycled water scheme—the scheme manager, a recycled water provider or other declared entity for the scheme.\n- (i) for a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (ii) for a multiple-entity recycled water scheme—the scheme manager, a recycled water provider or other declared entity for the scheme.","sortOrder":231},{"sectionNumber":"sec.210","sectionType":"section","heading":"Amendment of recycled water management plan for single-entity recycled water scheme—requirement of regulator","content":"### sec.210 Amendment of recycled water management plan for single-entity recycled water scheme—requirement of regulator\n\nThe regulator may, under this section, require the recycled water provider for a single-entity recycled water scheme to amend the recycled water management plan for the scheme if the regulator is satisfied the amendment is required—\nif the scheme is a critical recycled water scheme—\nto protect public health; or\nto ensure the continuity of operation of the scheme; or\notherwise—to protect public health.\nBefore requiring the recycled water provider to amend the recycled water management plan, the regulator must give the provider a show cause notice about the proposed amendment.\nIf, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must—\ngive the recycled water provider a notice requiring the provider—\nto amend the recycled water management plan in the way stated in the notice; and\nto give the regulator, within the reasonable period of at least 30 business days stated in the notice, a copy of the amended plan for approval; and\ngive the provider an information notice for the decision.\nThe recycled water provider must comply with the notice mentioned in subsection (3) (a) .\nMaximum penalty—1,665 penalty units.\nIf the regulator is satisfied the recycled water management plan has been amended in the way stated in the notice mentioned in subsection (3) (a) —\nthe plan as amended is taken to be the approved plan; and\nthe regulator must give the recycled water provider notice that the plan as amended is taken to be the approved plan.\nThe amended recycled water management plan takes effect from the day the notice mentioned in subsection (5) (b) is given to the recycled water provider.\nIf, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the recycled water provider notice that the plan need not be amended.\ns 210 amd 2010 No. 53 s 218\n(sec.210-ssec.1) The regulator may, under this section, require the recycled water provider for a single-entity recycled water scheme to amend the recycled water management plan for the scheme if the regulator is satisfied the amendment is required— if the scheme is a critical recycled water scheme— to protect public health; or to ensure the continuity of operation of the scheme; or otherwise—to protect public health.\n(sec.210-ssec.2) Before requiring the recycled water provider to amend the recycled water management plan, the regulator must give the provider a show cause notice about the proposed amendment.\n(sec.210-ssec.3) If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must— give the recycled water provider a notice requiring the provider— to amend the recycled water management plan in the way stated in the notice; and to give the regulator, within the reasonable period of at least 30 business days stated in the notice, a copy of the amended plan for approval; and give the provider an information notice for the decision.\n(sec.210-ssec.4) The recycled water provider must comply with the notice mentioned in subsection (3) (a) . Maximum penalty—1,665 penalty units.\n(sec.210-ssec.5) If the regulator is satisfied the recycled water management plan has been amended in the way stated in the notice mentioned in subsection (3) (a) — the plan as amended is taken to be the approved plan; and the regulator must give the recycled water provider notice that the plan as amended is taken to be the approved plan.\n(sec.210-ssec.6) The amended recycled water management plan takes effect from the day the notice mentioned in subsection (5) (b) is given to the recycled water provider.\n(sec.210-ssec.7) If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the recycled water provider notice that the plan need not be amended.\n- (a) if the scheme is a critical recycled water scheme— (i) to protect public health; or (ii) to ensure the continuity of operation of the scheme; or\n- (i) to protect public health; or\n- (ii) to ensure the continuity of operation of the scheme; or\n- (b) otherwise—to protect public health.\n- (i) to protect public health; or\n- (ii) to ensure the continuity of operation of the scheme; or\n- (a) give the recycled water provider a notice requiring the provider— (i) to amend the recycled water management plan in the way stated in the notice; and (ii) to give the regulator, within the reasonable period of at least 30 business days stated in the notice, a copy of the amended plan for approval; and\n- (i) to amend the recycled water management plan in the way stated in the notice; and\n- (ii) to give the regulator, within the reasonable period of at least 30 business days stated in the notice, a copy of the amended plan for approval; and\n- (b) give the provider an information notice for the decision.\n- (i) to amend the recycled water management plan in the way stated in the notice; and\n- (ii) to give the regulator, within the reasonable period of at least 30 business days stated in the notice, a copy of the amended plan for approval; and\n- (a) the plan as amended is taken to be the approved plan; and\n- (b) the regulator must give the recycled water provider notice that the plan as amended is taken to be the approved plan.","sortOrder":232},{"sectionNumber":"sec.211","sectionType":"section","heading":"Amendment of recycled water management plan for multiple-entity recycled water scheme—requirement of regulator","content":"### sec.211 Amendment of recycled water management plan for multiple-entity recycled water scheme—requirement of regulator\n\nThe regulator may, under this section, require a scheme manager or a declared entity for a multiple-entity recycled water scheme to amend the manager’s scheme manager plan or the entity’s scheme provider plan for the scheme if the regulator is satisfied the amendment is required—\nif the scheme is a critical recycled water scheme—\nto protect public health; or\nto ensure the continuity of operation of the scheme; or\notherwise—to protect public health.\nBefore requiring the scheme manager or declared entity to amend the scheme manager plan or scheme provider plan, the regulator must—\ngive the manager or entity a show cause notice about the proposed amendment; and\ngive a copy of the show cause notice to—\nfor an amendment to a scheme manager plan—each declared entity for the scheme; and\nfor an amendment to a scheme provider plan—the scheme manager for the scheme and any other declared entity for the scheme.\nIf, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must—\ngive the scheme manager or declared entity a notice requiring the manager or entity to amend the manager’s or entity’s scheme manager plan or scheme provider plan in the way stated in the notice; and\ngive the scheme manager or declared entity, and any other entity that gave the regulator a properly made submission about the amendment, an information notice for the decision.\nThe scheme manager or declared entity must comply with the notice mentioned in subsection (3) (a) .\nMaximum penalty—1,665 penalty units.\nIf a scheme manager plan or scheme provider plan for a multiple-entity recycled water scheme is amended as required under this section, the scheme manager for the scheme must as soon as practicable give the regulator a copy of the amended recycled water management plan for the scheme.\nMaximum penalty—200 penalty units.\nA recycled water management plan for a multiple-entity recycled water scheme consists of the scheme manager plan, and each scheme provider plan, for the scheme.\nIf the regulator is satisfied the recycled water management plan has been amended in the way stated in the notice mentioned in subsection (3) (a) —\nthe plan as amended is taken to be the approved plan; and\nthe regulator must give the scheme manager for the recycled water scheme to which the plan relates notice that the plan as amended is taken to be the approved plan.\nThe amended recycled water management plan takes effect from the day the notice mentioned in subsection (6) (b) is given to the scheme manager.\nIf, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the scheme manager and each declared entity for the scheme notice that the plan need not be amended.\ns 211 amd 2010 No. 53 s 219\n(sec.211-ssec.1) The regulator may, under this section, require a scheme manager or a declared entity for a multiple-entity recycled water scheme to amend the manager’s scheme manager plan or the entity’s scheme provider plan for the scheme if the regulator is satisfied the amendment is required— if the scheme is a critical recycled water scheme— to protect public health; or to ensure the continuity of operation of the scheme; or otherwise—to protect public health.\n(sec.211-ssec.2) Before requiring the scheme manager or declared entity to amend the scheme manager plan or scheme provider plan, the regulator must— give the manager or entity a show cause notice about the proposed amendment; and give a copy of the show cause notice to— for an amendment to a scheme manager plan—each declared entity for the scheme; and for an amendment to a scheme provider plan—the scheme manager for the scheme and any other declared entity for the scheme.\n(sec.211-ssec.3) If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must— give the scheme manager or declared entity a notice requiring the manager or entity to amend the manager’s or entity’s scheme manager plan or scheme provider plan in the way stated in the notice; and give the scheme manager or declared entity, and any other entity that gave the regulator a properly made submission about the amendment, an information notice for the decision.\n(sec.211-ssec.4) The scheme manager or declared entity must comply with the notice mentioned in subsection (3) (a) . Maximum penalty—1,665 penalty units.\n(sec.211-ssec.5) If a scheme manager plan or scheme provider plan for a multiple-entity recycled water scheme is amended as required under this section, the scheme manager for the scheme must as soon as practicable give the regulator a copy of the amended recycled water management plan for the scheme. Maximum penalty—200 penalty units. A recycled water management plan for a multiple-entity recycled water scheme consists of the scheme manager plan, and each scheme provider plan, for the scheme.\n(sec.211-ssec.6) If the regulator is satisfied the recycled water management plan has been amended in the way stated in the notice mentioned in subsection (3) (a) — the plan as amended is taken to be the approved plan; and the regulator must give the scheme manager for the recycled water scheme to which the plan relates notice that the plan as amended is taken to be the approved plan.\n(sec.211-ssec.7) The amended recycled water management plan takes effect from the day the notice mentioned in subsection (6) (b) is given to the scheme manager.\n(sec.211-ssec.8) If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the scheme manager and each declared entity for the scheme notice that the plan need not be amended.\n- (a) if the scheme is a critical recycled water scheme— (i) to protect public health; or (ii) to ensure the continuity of operation of the scheme; or\n- (i) to protect public health; or\n- (ii) to ensure the continuity of operation of the scheme; or\n- (b) otherwise—to protect public health.\n- (i) to protect public health; or\n- (ii) to ensure the continuity of operation of the scheme; or\n- (a) give the manager or entity a show cause notice about the proposed amendment; and\n- (b) give a copy of the show cause notice to— (i) for an amendment to a scheme manager plan—each declared entity for the scheme; and (ii) for an amendment to a scheme provider plan—the scheme manager for the scheme and any other declared entity for the scheme.\n- (i) for an amendment to a scheme manager plan—each declared entity for the scheme; and\n- (ii) for an amendment to a scheme provider plan—the scheme manager for the scheme and any other declared entity for the scheme.\n- (i) for an amendment to a scheme manager plan—each declared entity for the scheme; and\n- (ii) for an amendment to a scheme provider plan—the scheme manager for the scheme and any other declared entity for the scheme.\n- (a) give the scheme manager or declared entity a notice requiring the manager or entity to amend the manager’s or entity’s scheme manager plan or scheme provider plan in the way stated in the notice; and\n- (b) give the scheme manager or declared entity, and any other entity that gave the regulator a properly made submission about the amendment, an information notice for the decision.\n- (a) the plan as amended is taken to be the approved plan; and\n- (b) the regulator must give the scheme manager for the recycled water scheme to which the plan relates notice that the plan as amended is taken to be the approved plan.","sortOrder":233},{"sectionNumber":"sec.212","sectionType":"section","heading":"Amendment of recycled water management plan—application","content":"### sec.212 Amendment of recycled water management plan—application\n\nThis section applies if a recycled water management plan for a recycled water scheme is proposed to be amended other than under section 209 , 210 or 211 .\nThe relevant entity for the recycled water scheme must apply to the regulator for approval of the proposed amended recycled water management plan.\nSections 202 (2) , (3) and (4) , and 203 to 208 apply to the application—\nas if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and\nas if a reference in the sections to the plan were a reference to the amended plan.\n(sec.212-ssec.1) This section applies if a recycled water management plan for a recycled water scheme is proposed to be amended other than under section 209 , 210 or 211 .\n(sec.212-ssec.2) The relevant entity for the recycled water scheme must apply to the regulator for approval of the proposed amended recycled water management plan.\n(sec.212-ssec.3) Sections 202 (2) , (3) and (4) , and 203 to 208 apply to the application— as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and as if a reference in the sections to the plan were a reference to the amended plan.\n- (a) as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and\n- (b) as if a reference in the sections to the plan were a reference to the amended plan.","sortOrder":234},{"sectionNumber":"sec.213","sectionType":"section","heading":"Suspending or cancelling recycled water management plan if regulator is satisfied about particular matters","content":"### sec.213 Suspending or cancelling recycled water management plan if regulator is satisfied about particular matters\n\nThe regulator may suspend or cancel a recycled water management plan (the proposed action ) if the regulator is satisfied or reasonably believes the relevant entity or a declared entity (each the responsible entity ) for the recycled water scheme to which the plan relates has not complied with—\nthe plan; or\na condition of the plan; or\na compliance notice.\nBefore acting under subsection (1) , the regulator must—\ngive the responsible entity a show cause notice about the proposed action; and\nfor a multiple-entity recycled water scheme, give a copy of the show cause notice to—\nthe scheme manager for the scheme, if the scheme manager is not the responsible entity; and\neach declared entity for the scheme that is not the responsible entity.\nIf, after considering any properly made submissions about the proposed action, the regulator decides the proposed action should be taken, the regulator may—\nif the proposed action was to suspend the recycled water management plan—suspend the plan; or\nif the proposed action was to cancel the plan—either cancel the plan or suspend it.\nIf a recycled water management plan is suspended under this section, the suspension ends when the resumption of supply of recycled water under the recycled water scheme to which the plan relates is taken to be approved under section 215 .\nWithin 10 business days after making a decision under subsection (3) , the regulator must give an information notice for the decision to—\nif the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or\nif the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager for the scheme.\nIf, after considering any properly made submissions about the proposed action, the regulator decides the proposed action should not be taken, the regulator must give notice of the decision to—\nif the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or\nif the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager for the scheme.\nThe notice under subsection (6) must be given within 10 business days after the decision is made.\nA decision under subsection (3) takes effect on the day the information notice for the decision is given.\n(sec.213-ssec.1) The regulator may suspend or cancel a recycled water management plan (the proposed action ) if the regulator is satisfied or reasonably believes the relevant entity or a declared entity (each the responsible entity ) for the recycled water scheme to which the plan relates has not complied with— the plan; or a condition of the plan; or a compliance notice.\n(sec.213-ssec.2) Before acting under subsection (1) , the regulator must— give the responsible entity a show cause notice about the proposed action; and for a multiple-entity recycled water scheme, give a copy of the show cause notice to— the scheme manager for the scheme, if the scheme manager is not the responsible entity; and each declared entity for the scheme that is not the responsible entity.\n(sec.213-ssec.3) If, after considering any properly made submissions about the proposed action, the regulator decides the proposed action should be taken, the regulator may— if the proposed action was to suspend the recycled water management plan—suspend the plan; or if the proposed action was to cancel the plan—either cancel the plan or suspend it.\n(sec.213-ssec.4) If a recycled water management plan is suspended under this section, the suspension ends when the resumption of supply of recycled water under the recycled water scheme to which the plan relates is taken to be approved under section 215 .\n(sec.213-ssec.5) Within 10 business days after making a decision under subsection (3) , the regulator must give an information notice for the decision to— if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager for the scheme.\n(sec.213-ssec.6) If, after considering any properly made submissions about the proposed action, the regulator decides the proposed action should not be taken, the regulator must give notice of the decision to— if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager for the scheme.\n(sec.213-ssec.7) The notice under subsection (6) must be given within 10 business days after the decision is made.\n(sec.213-ssec.8) A decision under subsection (3) takes effect on the day the information notice for the decision is given.\n- (a) the plan; or\n- (b) a condition of the plan; or\n- (c) a compliance notice.\n- (a) give the responsible entity a show cause notice about the proposed action; and\n- (b) for a multiple-entity recycled water scheme, give a copy of the show cause notice to— (i) the scheme manager for the scheme, if the scheme manager is not the responsible entity; and (ii) each declared entity for the scheme that is not the responsible entity.\n- (i) the scheme manager for the scheme, if the scheme manager is not the responsible entity; and\n- (ii) each declared entity for the scheme that is not the responsible entity.\n- (i) the scheme manager for the scheme, if the scheme manager is not the responsible entity; and\n- (ii) each declared entity for the scheme that is not the responsible entity.\n- (a) if the proposed action was to suspend the recycled water management plan—suspend the plan; or\n- (b) if the proposed action was to cancel the plan—either cancel the plan or suspend it.\n- (a) if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (b) if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager for the scheme.\n- (a) if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (b) if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager for the scheme.","sortOrder":235},{"sectionNumber":"sec.214","sectionType":"section","heading":"Suspending recycled water management plan if production or supply of recycled water stops","content":"### sec.214 Suspending recycled water management plan if production or supply of recycled water stops\n\nThe regulator may, by notice given to the relevant entity for a recycled water scheme, suspend the recycled water management plan for the scheme if the regulator—\nhas received notice under section 208 that the production or supply of recycled water under the scheme has stopped or is to stop; and\nis satisfied the production or supply of recycled water under the scheme has stopped.\nIf a recycled water management plan is suspended under this section, the suspension ends when the resumption of supply of recycled water under the recycled water scheme to which the plan relates is taken to be approved under section 215 .\nThe suspension takes effect on the day the notice is given.\n(sec.214-ssec.1) The regulator may, by notice given to the relevant entity for a recycled water scheme, suspend the recycled water management plan for the scheme if the regulator— has received notice under section 208 that the production or supply of recycled water under the scheme has stopped or is to stop; and is satisfied the production or supply of recycled water under the scheme has stopped.\n(sec.214-ssec.2) If a recycled water management plan is suspended under this section, the suspension ends when the resumption of supply of recycled water under the recycled water scheme to which the plan relates is taken to be approved under section 215 .\n(sec.214-ssec.3) The suspension takes effect on the day the notice is given.\n- (a) has received notice under section 208 that the production or supply of recycled water under the scheme has stopped or is to stop; and\n- (b) is satisfied the production or supply of recycled water under the scheme has stopped.","sortOrder":236},{"sectionNumber":"sec.215","sectionType":"section","heading":"Application to resume supply","content":"### sec.215 Application to resume supply\n\nIf a recycled water management plan has been suspended under this part, the relevant entity for the recycled water scheme to which the plan relates may apply to the regulator for an approval to resume supply of recycled water under the scheme.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the regulator to decide the application; and\nbe accompanied by the fee prescribed under a regulation.\nSections 203 and 204 apply to the application—\nas if a reference in the sections to the recycled water management plan were a reference to the suspended recycled water management plan; and\nas if a reference in the sections to the plan were a reference to the suspended plan.\nAfter considering the application, and any matter the regulator considers relevant to the application, the regulator must as soon as practicable decide—\nto approve the application without conditions; or\nto approve the application on the condition that—\nthe validation program for the scheme is undertaken; and\nthe testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and\nthe relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or\nfor a recycled water scheme that is a single-entity recycled water scheme—to refuse to approve the application, and direct the recycled water provider for the scheme—\nto amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and\napply to the regulator, under this part, for approval of the amended plan; or\nfor a recycled water scheme that is a multiple-entity recycled water scheme—to refuse to approve the application, and direct—\nthe scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and\nthe scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or\nto refuse to approve the application.\nWithin 10 business days after deciding the application, the regulator must give the relevant entity—\nif the decision is to approve the application under subsection (4) (a) —notice of the decision; and\nif the decision is to approve the application under subsection (4) (b) , or refuse to approve the application under subsection (4) (c) , (d) or (e) —an information notice for the decision.\nThe resumption of supply of recycled water under the recycled water scheme is taken to be approved under this section—\nif the decision is to approve the application under subsection (4) (a) —when the notice of the decision is given to the relevant entity; or\nif the decision is to approve the application under subsection (4) (b) —when the regulator gives the relevant entity a notice stating the regulator is satisfied the testing of plant and equipment under the validation program for the scheme shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; or\nif the decision is to refuse to approve the application under subsection (4) (c) or (d) —when the amended recycled water management plan for the scheme has been approved under this part.\nSections 202 (2) , (3) and (4) , and 203 to 208 apply to an application for approval of the amended plan—\nas if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and\nas if a reference in the sections to the plan were a reference to the amended plan.\n(sec.215-ssec.1) If a recycled water management plan has been suspended under this part, the relevant entity for the recycled water scheme to which the plan relates may apply to the regulator for an approval to resume supply of recycled water under the scheme.\n(sec.215-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the regulator to decide the application; and be accompanied by the fee prescribed under a regulation.\n(sec.215-ssec.3) Sections 203 and 204 apply to the application— as if a reference in the sections to the recycled water management plan were a reference to the suspended recycled water management plan; and as if a reference in the sections to the plan were a reference to the suspended plan.\n(sec.215-ssec.4) After considering the application, and any matter the regulator considers relevant to the application, the regulator must as soon as practicable decide— to approve the application without conditions; or to approve the application on the condition that— the validation program for the scheme is undertaken; and the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or for a recycled water scheme that is a single-entity recycled water scheme—to refuse to approve the application, and direct the recycled water provider for the scheme— to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and apply to the regulator, under this part, for approval of the amended plan; or for a recycled water scheme that is a multiple-entity recycled water scheme—to refuse to approve the application, and direct— the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or to refuse to approve the application.\n(sec.215-ssec.5) Within 10 business days after deciding the application, the regulator must give the relevant entity— if the decision is to approve the application under subsection (4) (a) —notice of the decision; and if the decision is to approve the application under subsection (4) (b) , or refuse to approve the application under subsection (4) (c) , (d) or (e) —an information notice for the decision.\n(sec.215-ssec.6) The resumption of supply of recycled water under the recycled water scheme is taken to be approved under this section— if the decision is to approve the application under subsection (4) (a) —when the notice of the decision is given to the relevant entity; or if the decision is to approve the application under subsection (4) (b) —when the regulator gives the relevant entity a notice stating the regulator is satisfied the testing of plant and equipment under the validation program for the scheme shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; or if the decision is to refuse to approve the application under subsection (4) (c) or (d) —when the amended recycled water management plan for the scheme has been approved under this part.\n(sec.215-ssec.7) Sections 202 (2) , (3) and (4) , and 203 to 208 apply to an application for approval of the amended plan— as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and as if a reference in the sections to the plan were a reference to the amended plan.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the regulator to decide the application; and\n- (c) be accompanied by the fee prescribed under a regulation.\n- (a) as if a reference in the sections to the recycled water management plan were a reference to the suspended recycled water management plan; and\n- (b) as if a reference in the sections to the plan were a reference to the suspended plan.\n- (a) to approve the application without conditions; or\n- (b) to approve the application on the condition that— (i) the validation program for the scheme is undertaken; and (ii) the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and (iii) the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or\n- (i) the validation program for the scheme is undertaken; and\n- (ii) the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and\n- (iii) the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or\n- (c) for a recycled water scheme that is a single-entity recycled water scheme—to refuse to approve the application, and direct the recycled water provider for the scheme— (i) to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and (ii) apply to the regulator, under this part, for approval of the amended plan; or\n- (i) to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and\n- (ii) apply to the regulator, under this part, for approval of the amended plan; or\n- (d) for a recycled water scheme that is a multiple-entity recycled water scheme—to refuse to approve the application, and direct— (i) the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and (ii) the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or\n- (i) the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and\n- (ii) the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or\n- (e) to refuse to approve the application.\n- (i) the validation program for the scheme is undertaken; and\n- (ii) the testing of plant and equipment under the program shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; and\n- (iii) the relevant entity for the scheme gives the regulator evidence, satisfactory to the regulator, of the matter mentioned in subparagraph (ii) ; or\n- (i) to amend the recycled water management plan for the scheme in the way the regulator considers appropriate; and\n- (ii) apply to the regulator, under this part, for approval of the amended plan; or\n- (i) the scheme manager or a declared entity for the scheme to amend the scheme manager’s scheme manager plan or the entity’s scheme provider plan for the scheme in the way the regulator considers appropriate; and\n- (ii) the scheme manager to apply to the regulator, under this part, for approval of the amended recycled water management plan for the scheme; or\n- (a) if the decision is to approve the application under subsection (4) (a) —notice of the decision; and\n- (b) if the decision is to approve the application under subsection (4) (b) , or refuse to approve the application under subsection (4) (c) , (d) or (e) —an information notice for the decision.\n- (a) if the decision is to approve the application under subsection (4) (a) —when the notice of the decision is given to the relevant entity; or\n- (b) if the decision is to approve the application under subsection (4) (b) —when the regulator gives the relevant entity a notice stating the regulator is satisfied the testing of plant and equipment under the validation program for the scheme shows the quality of the scheme’s recycled water consistently meets the water quality criteria for recycled water relevant to the scheme; or\n- (c) if the decision is to refuse to approve the application under subsection (4) (c) or (d) —when the amended recycled water management plan for the scheme has been approved under this part.\n- (a) as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and\n- (b) as if a reference in the sections to the plan were a reference to the amended plan.","sortOrder":237},{"sectionNumber":"sec.216","sectionType":"section","heading":"Sections 216 –229 not used","content":"### sec.216 Sections 216 –229 not used\n\nSee editor’s note for section 1 .","sortOrder":238},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Notice about permanently stopping supply of recycled water","content":"# Notice about permanently stopping supply of recycled water","sortOrder":239},{"sectionNumber":"sec.230","sectionType":"section","heading":"Notice about permanently stopping supply of recycled water","content":"### sec.230 Notice about permanently stopping supply of recycled water\n\nSubsection (2) applies if a recycled water provider for a recycled water scheme that is not a critical recycled water scheme proposes to permanently stop the supply of recycled water under the scheme.\nThe recycled water provider must give the regulator notice of the proposed stoppage at least 30 days before supply of the recycled water is stopped, unless the provider has a reasonable excuse for not giving the notice.\nMaximum penalty—200 penalty units.\nSubsection (4) applies if—\na recycled water provider or other declared entity for a critical recycled water scheme proposes to permanently stop the supply of recycled water by the provider or entity under the scheme; and\nthere is no other entity willing to take over the operation of all or part of the scheme to ensure the continued production and supply of recycled water under the scheme.\nThe relevant entity for the critical recycled water scheme must give the regulator notice of the proposed stoppage at least 60 days before supply of the recycled water is stopped, unless the relevant entity has a reasonable excuse for not giving the notice.\nMaximum penalty—1,665 penalty units.\nA notice under subsection (2) or (4) must—\nbe in the approved form; and\nstate the day by which the supply of recycled water is proposed to stop.\nThe regulator may require—\nthe relevant entity for the recycled water scheme to give the regulator additional information about the notice; or\nany information included in the notice, or any additional information required under paragraph (a) , to be verified by statutory declaration.\nIf the relevant entity fails, without reasonable excuse, to comply with a requirement under subsection (6) within the reasonable period stated in the notice, the notice given by the entity under subsection (2) or (4) is of no effect.\nIf the supply of recycled water under the recycled water scheme continues after the day stated in the notice, the notice ceases to have effect as a notice given under subsection (2) or (4) .\nIf the supply of the recycled water under the recycled water scheme stops, the relevant entity for the recycled water scheme must give the regulator notice of the stoppage within 5 days after the supply stops.\nThe notice must—\nbe in the approved form; and\nstate the day on which the supply of recycled water stopped.\nIn this section—\nrelevant entity , in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.\n(sec.230-ssec.1) Subsection (2) applies if a recycled water provider for a recycled water scheme that is not a critical recycled water scheme proposes to permanently stop the supply of recycled water under the scheme.\n(sec.230-ssec.2) The recycled water provider must give the regulator notice of the proposed stoppage at least 30 days before supply of the recycled water is stopped, unless the provider has a reasonable excuse for not giving the notice. Maximum penalty—200 penalty units.\n(sec.230-ssec.3) Subsection (4) applies if— a recycled water provider or other declared entity for a critical recycled water scheme proposes to permanently stop the supply of recycled water by the provider or entity under the scheme; and there is no other entity willing to take over the operation of all or part of the scheme to ensure the continued production and supply of recycled water under the scheme.\n(sec.230-ssec.4) The relevant entity for the critical recycled water scheme must give the regulator notice of the proposed stoppage at least 60 days before supply of the recycled water is stopped, unless the relevant entity has a reasonable excuse for not giving the notice. Maximum penalty—1,665 penalty units.\n(sec.230-ssec.5) A notice under subsection (2) or (4) must— be in the approved form; and state the day by which the supply of recycled water is proposed to stop.\n(sec.230-ssec.6) The regulator may require— the relevant entity for the recycled water scheme to give the regulator additional information about the notice; or any information included in the notice, or any additional information required under paragraph (a) , to be verified by statutory declaration.\n(sec.230-ssec.7) If the relevant entity fails, without reasonable excuse, to comply with a requirement under subsection (6) within the reasonable period stated in the notice, the notice given by the entity under subsection (2) or (4) is of no effect.\n(sec.230-ssec.8) If the supply of recycled water under the recycled water scheme continues after the day stated in the notice, the notice ceases to have effect as a notice given under subsection (2) or (4) .\n(sec.230-ssec.9) If the supply of the recycled water under the recycled water scheme stops, the relevant entity for the recycled water scheme must give the regulator notice of the stoppage within 5 days after the supply stops.\n(sec.230-ssec.10) The notice must— be in the approved form; and state the day on which the supply of recycled water stopped.\n(sec.230-ssec.11) In this section— relevant entity , in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.\n- (a) a recycled water provider or other declared entity for a critical recycled water scheme proposes to permanently stop the supply of recycled water by the provider or entity under the scheme; and\n- (b) there is no other entity willing to take over the operation of all or part of the scheme to ensure the continued production and supply of recycled water under the scheme.\n- (a) be in the approved form; and\n- (b) state the day by which the supply of recycled water is proposed to stop.\n- (a) the relevant entity for the recycled water scheme to give the regulator additional information about the notice; or\n- (b) any information included in the notice, or any additional information required under paragraph (a) , to be verified by statutory declaration.\n- (a) be in the approved form; and\n- (b) state the day on which the supply of recycled water stopped.","sortOrder":240},{"sectionNumber":"sec.231","sectionType":"section","heading":"Cancelling recycled water management plan on receipt of notice under s 230","content":"### sec.231 Cancelling recycled water management plan on receipt of notice under s 230\n\nIf the regulator receives a notice under section 230 (5) , the regulator may—\ncancel the recycled water management plan for the recycled water scheme to which the notice relates; and\ngive the relevant entity for the scheme notice of the cancellation.\n- (a) cancel the recycled water management plan for the recycled water scheme to which the notice relates; and\n- (b) give the relevant entity for the scheme notice of the cancellation.","sortOrder":241},{"sectionNumber":"sec.232","sectionType":"section","heading":"Sections 232 –234 not used","content":"### sec.232 Sections 232 –234 not used\n\nSee editor’s note for section 1 .","sortOrder":242},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Validation programs","content":"# Validation programs","sortOrder":243},{"sectionNumber":"sec.235","sectionType":"section","heading":"Application of pt 4","content":"### sec.235 Application of pt 4\n\nThis part applies to a recycled water scheme if recycled water is proposed to be supplied under the scheme to augment a supply of drinking water.\ns 235 amd 2010 No. 53 s 220 ; 2014 No. 31 s 31","sortOrder":244},{"sectionNumber":"sec.236","sectionType":"section","heading":"Preparing validation program","content":"### sec.236 Preparing validation program\n\nIf the recycled water scheme is a single-entity recycled water scheme, the recycled water provider for the scheme must prepare a validation program for the scheme for approval by the regulator.\nIf the recycled water scheme is a multiple-entity recycled water scheme, the scheme manager and each declared entity for the scheme must prepare a validation program for the scheme for approval by the regulator.\nThe validation program must—\ndescribe the recycled water scheme to which the program relates; and\ndescribe the infrastructure for the production and supply of recycled water under the scheme; and\nbe prepared in accordance with the guidelines, if any, made by the regulator about validating recycled water schemes.\n(sec.236-ssec.1) If the recycled water scheme is a single-entity recycled water scheme, the recycled water provider for the scheme must prepare a validation program for the scheme for approval by the regulator.\n(sec.236-ssec.2) If the recycled water scheme is a multiple-entity recycled water scheme, the scheme manager and each declared entity for the scheme must prepare a validation program for the scheme for approval by the regulator.\n(sec.236-ssec.3) The validation program must— describe the recycled water scheme to which the program relates; and describe the infrastructure for the production and supply of recycled water under the scheme; and be prepared in accordance with the guidelines, if any, made by the regulator about validating recycled water schemes.\n- (a) describe the recycled water scheme to which the program relates; and\n- (b) describe the infrastructure for the production and supply of recycled water under the scheme; and\n- (c) be prepared in accordance with the guidelines, if any, made by the regulator about validating recycled water schemes.","sortOrder":245},{"sectionNumber":"sec.237","sectionType":"section","heading":"Application for approval of validation program","content":"### sec.237 Application for approval of validation program\n\nThe relevant entity for the recycled water scheme must apply to the regulator for approval of the validation program.\nThe application must—\nbe in the approved form; and\nbe accompanied by—\na copy of the validation program; and\nthe fee prescribed under a regulation.\n(sec.237-ssec.1) The relevant entity for the recycled water scheme must apply to the regulator for approval of the validation program.\n(sec.237-ssec.2) The application must— be in the approved form; and be accompanied by— a copy of the validation program; and the fee prescribed under a regulation.\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) a copy of the validation program; and (ii) the fee prescribed under a regulation.\n- (i) a copy of the validation program; and\n- (ii) the fee prescribed under a regulation.\n- (i) a copy of the validation program; and\n- (ii) the fee prescribed under a regulation.","sortOrder":246},{"sectionNumber":"sec.238","sectionType":"section","heading":"Additional information may be required","content":"### sec.238 Additional information may be required\n\nThe regulator may, by notice given to the relevant entity, require—\nthe entity to give additional information about the validation program; or\nany information included in the program, or any additional information required under paragraph (a) , to be verified by statutory declaration.\nIf the relevant entity fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.\nA requirement under this section is an information requirement .\nIn this section—\nrelevant entity , in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.\n(sec.238-ssec.1) The regulator may, by notice given to the relevant entity, require— the entity to give additional information about the validation program; or any information included in the program, or any additional information required under paragraph (a) , to be verified by statutory declaration.\n(sec.238-ssec.2) If the relevant entity fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.\n(sec.238-ssec.3) A requirement under this section is an information requirement .\n(sec.238-ssec.4) In this section— relevant entity , in relation to a multiple-entity recycled water scheme, includes any recycled water provider or other declared entity for the scheme.\n- (a) the entity to give additional information about the validation program; or\n- (b) any information included in the program, or any additional information required under paragraph (a) , to be verified by statutory declaration.","sortOrder":247},{"sectionNumber":"sec.239","sectionType":"section","heading":"Regulator may obtain advice about application","content":"### sec.239 Regulator may obtain advice about application\n\nThe regulator may obtain advice from an advisory council or any other entity the regulator considers appropriate before deciding the application.","sortOrder":248},{"sectionNumber":"sec.240","sectionType":"section","heading":"Consideration of application","content":"### sec.240 Consideration of application\n\nThe regulator must consider the application and decide to approve, with or without conditions, or refuse to approve, the validation program—\nif an information requirement is not made in relation to the program—30 business days after receiving the program; or\nif an information requirement is made in relation to the program—30 business days after the requirement has been complied with.\nIn considering whether to approve the validation program, the regulator must have regard to—\nthe program and any additional information about the program given to the regulator under section 238 ; and\nthe guidelines, if any, made by the regulator about validating recycled water schemes; and\nany advice received by the regulator under section 239 ; and\nthe water quality criteria for recycled water.\n(sec.240-ssec.1) The regulator must consider the application and decide to approve, with or without conditions, or refuse to approve, the validation program— if an information requirement is not made in relation to the program—30 business days after receiving the program; or if an information requirement is made in relation to the program—30 business days after the requirement has been complied with.\n(sec.240-ssec.2) In considering whether to approve the validation program, the regulator must have regard to— the program and any additional information about the program given to the regulator under section 238 ; and the guidelines, if any, made by the regulator about validating recycled water schemes; and any advice received by the regulator under section 239 ; and the water quality criteria for recycled water.\n- (a) if an information requirement is not made in relation to the program—30 business days after receiving the program; or\n- (b) if an information requirement is made in relation to the program—30 business days after the requirement has been complied with.\n- (a) the program and any additional information about the program given to the regulator under section 238 ; and\n- (b) the guidelines, if any, made by the regulator about validating recycled water schemes; and\n- (c) any advice received by the regulator under section 239 ; and\n- (d) the water quality criteria for recycled water.","sortOrder":249},{"sectionNumber":"sec.241","sectionType":"section","heading":"Notice of decision","content":"### sec.241 Notice of decision\n\nWithin 10 business days after deciding the application, the regulator must give the relevant entity—\nif the decision is to approve the validation program without conditions—notice of the decision; or\nif the decision is to approve the validation program with conditions, or to refuse to approve the validation program—an information notice for the decision.\n- (a) if the decision is to approve the validation program without conditions—notice of the decision; or\n- (b) if the decision is to approve the validation program with conditions, or to refuse to approve the validation program—an information notice for the decision.","sortOrder":250},{"sectionNumber":"sec.242","sectionType":"section","heading":"Amendment of validation program","content":"### sec.242 Amendment of validation program\n\nThis section applies if the relevant entity for a recycled water scheme proposes to amend the approved validation program for the scheme.\nThe relevant entity must apply to the regulator for approval of the proposed amended validation program.\nSections 237 (2) and 238 to 241 apply to the application—\nas if a reference in the sections to the validation program were a reference to the amended validation program; and\nas if a reference in the sections to the program were a reference to the amended program.\n(sec.242-ssec.1) This section applies if the relevant entity for a recycled water scheme proposes to amend the approved validation program for the scheme.\n(sec.242-ssec.2) The relevant entity must apply to the regulator for approval of the proposed amended validation program.\n(sec.242-ssec.3) Sections 237 (2) and 238 to 241 apply to the application— as if a reference in the sections to the validation program were a reference to the amended validation program; and as if a reference in the sections to the program were a reference to the amended program.\n- (a) as if a reference in the sections to the validation program were a reference to the amended validation program; and\n- (b) as if a reference in the sections to the program were a reference to the amended program.","sortOrder":251},{"sectionNumber":"sec.243","sectionType":"section","heading":"Sections 243 –249 not used","content":"### sec.243 Sections 243 –249 not used\n\nSee editor’s note for section 1 .","sortOrder":252},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":253},{"sectionNumber":"sec.250","sectionType":"section","heading":null,"content":"### Section sec.250\n\ns 250 amd 2010 No. 20 s 140 ; 2013 No. 23 s 345\nom 2014 No. 16 s 78","sortOrder":254},{"sectionNumber":"sec.251","sectionType":"section","heading":null,"content":"### Section sec.251\n\ns 251 om 2014 No. 16 s 78","sortOrder":255},{"sectionNumber":"sec.252","sectionType":"section","heading":null,"content":"### Section sec.252\n\ns 252 om 2014 No. 16 s 78","sortOrder":256},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 om 2014 No. 16 s 78","sortOrder":257},{"sectionNumber":"sec.254","sectionType":"section","heading":null,"content":"### Section sec.254\n\ns 254 om 2014 No. 16 s 78","sortOrder":258},{"sectionNumber":"sec.255","sectionType":"section","heading":null,"content":"### Section sec.255\n\ns 255 om 2014 No. 16 s 78","sortOrder":259},{"sectionNumber":"sec.256","sectionType":"section","heading":null,"content":"### Section sec.256\n\ns 256 om 2014 No. 16 s 78","sortOrder":260},{"sectionNumber":"sec.257","sectionType":"section","heading":null,"content":"### Section sec.257\n\ns 257 om 2014 No. 16 s 78","sortOrder":261},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Reviews and audits of recycled water management plans","content":"# Reviews and audits of recycled water management plans","sortOrder":262},{"sectionNumber":"sec.258","sectionType":"section","heading":"Reviewing recycled water management plans","content":"### sec.258 Reviewing recycled water management plans\n\nThe relevant entity for a recycled water scheme must, at each required interval, conduct a review of the approved recycled water management plan for the scheme to assess whether the plan is consistent with—\nthe operation of the scheme; and\nthe water quality criteria for recycled water relevant to the scheme; and\nbest practice industry standards for the production and supply of recycled water.\nMaximum penalty—500 penalty units.\nIf the recycled water scheme is a multiple-entity recycled water scheme, the relevant entity complies with subsection (1) if a declared entity for the scheme conducts the review in accordance with subsection (1) .\nIn this section—\nrequired interval means an interval, at which regular reviews of the approved recycled water management plan must be conducted, stated in the notice about the plan under section 206 (2) (b) .\ns 258 sub 2023 No. 24 s 68\n(sec.258-ssec.1) The relevant entity for a recycled water scheme must, at each required interval, conduct a review of the approved recycled water management plan for the scheme to assess whether the plan is consistent with— the operation of the scheme; and the water quality criteria for recycled water relevant to the scheme; and best practice industry standards for the production and supply of recycled water. Maximum penalty—500 penalty units.\n(sec.258-ssec.2) If the recycled water scheme is a multiple-entity recycled water scheme, the relevant entity complies with subsection (1) if a declared entity for the scheme conducts the review in accordance with subsection (1) .\n(sec.258-ssec.3) In this section— required interval means an interval, at which regular reviews of the approved recycled water management plan must be conducted, stated in the notice about the plan under section 206 (2) (b) .\n- (a) the operation of the scheme; and\n- (b) the water quality criteria for recycled water relevant to the scheme; and\n- (c) best practice industry standards for the production and supply of recycled water.","sortOrder":263},{"sectionNumber":"sec.259","sectionType":"section","heading":"Changing plan after review","content":"### sec.259 Changing plan after review\n\nThis section applies if a review of a recycled water management plan indicates the plan should be changed to be consistent with—\nthe operation of the recycled water scheme to which it relates; or\nthe water quality criteria for recycled water relevant to the scheme; or\nbest practice industry standards for the production and supply of recycled water.\nIf the recycled water scheme is a single-entity recycled water scheme, the recycled water provider for the scheme must, within 60 business days after the review ends—\namend the recycled water management plan for the scheme to be consistent with the matters mentioned in subsection (1) ; and\napply to the regulator for approval of the amended plan.\nMaximum penalty—200 penalty units.\nIf the recycled water scheme is a multiple-entity recycled water scheme—\nthe scheme manager for the scheme must, within 60 business days after the review ends, amend the manager’s scheme manager plan for the scheme to the extent necessary to be consistent with the matters mentioned in subsection (1) ; and\neach declared entity for the scheme must, within 60 business days after the review ends, amend the entity’s scheme provider plan for the scheme to the extent necessary to be consistent with the matters mentioned in subsection (1) .\nMaximum penalty—200 penalty units.\nIf a scheme manager plan or scheme provider plan for a multiple-entity recycled water scheme is amended under subsection (3) , the scheme manager for the scheme must as soon as practicable apply to the regulator for approval of the amended recycled water management plan for the scheme.\nMaximum penalty—200 penalty units.\nAn amended recycled water management plan must indicate the way the plan has been amended to be consistent with the matters mentioned in subsection (1) .\nSections 202 (2) , (3) and (4) , and 203 to 208 apply to an application under this section—\nas if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and\nas if a reference in the sections to the plan were a reference to the amended plan.\ns 259 amd 2023 No. 24 s 69\n(sec.259-ssec.1) This section applies if a review of a recycled water management plan indicates the plan should be changed to be consistent with— the operation of the recycled water scheme to which it relates; or the water quality criteria for recycled water relevant to the scheme; or best practice industry standards for the production and supply of recycled water.\n(sec.259-ssec.2) If the recycled water scheme is a single-entity recycled water scheme, the recycled water provider for the scheme must, within 60 business days after the review ends— amend the recycled water management plan for the scheme to be consistent with the matters mentioned in subsection (1) ; and apply to the regulator for approval of the amended plan. Maximum penalty—200 penalty units.\n(sec.259-ssec.3) If the recycled water scheme is a multiple-entity recycled water scheme— the scheme manager for the scheme must, within 60 business days after the review ends, amend the manager’s scheme manager plan for the scheme to the extent necessary to be consistent with the matters mentioned in subsection (1) ; and each declared entity for the scheme must, within 60 business days after the review ends, amend the entity’s scheme provider plan for the scheme to the extent necessary to be consistent with the matters mentioned in subsection (1) . Maximum penalty—200 penalty units.\n(sec.259-ssec.4) If a scheme manager plan or scheme provider plan for a multiple-entity recycled water scheme is amended under subsection (3) , the scheme manager for the scheme must as soon as practicable apply to the regulator for approval of the amended recycled water management plan for the scheme. Maximum penalty—200 penalty units.\n(sec.259-ssec.5) An amended recycled water management plan must indicate the way the plan has been amended to be consistent with the matters mentioned in subsection (1) .\n(sec.259-ssec.6) Sections 202 (2) , (3) and (4) , and 203 to 208 apply to an application under this section— as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and as if a reference in the sections to the plan were a reference to the amended plan.\n- (a) the operation of the recycled water scheme to which it relates; or\n- (b) the water quality criteria for recycled water relevant to the scheme; or\n- (c) best practice industry standards for the production and supply of recycled water.\n- (a) amend the recycled water management plan for the scheme to be consistent with the matters mentioned in subsection (1) ; and\n- (b) apply to the regulator for approval of the amended plan.\n- (a) the scheme manager for the scheme must, within 60 business days after the review ends, amend the manager’s scheme manager plan for the scheme to the extent necessary to be consistent with the matters mentioned in subsection (1) ; and\n- (b) each declared entity for the scheme must, within 60 business days after the review ends, amend the entity’s scheme provider plan for the scheme to the extent necessary to be consistent with the matters mentioned in subsection (1) .\n- (a) as if a reference in the sections to the recycled water management plan were a reference to the amended recycled water management plan; and\n- (b) as if a reference in the sections to the plan were a reference to the amended plan.","sortOrder":264},{"sectionNumber":"sec.260","sectionType":"section","heading":"Internal audits of recycled water management plans","content":"### sec.260 Internal audits of recycled water management plans\n\nThe relevant entity for a recycled water scheme must—\nat each required interval, have a suitably qualified person conduct an audit (an internal audit ) of the approved recycled water management plan for the scheme to assess compliance with the plan and its conditions; and\nwithin 30 business days after each internal audit is completed, give the regulator a report about the audit that complies with subsection (2) (an internal audit report ).\nMaximum penalty—500 penalty units.\nThe internal audit report must—\nbe prepared by the suitably qualified person in accordance with any guidelines about preparing the report made by the regulator; and\nstate whether there has been noncompliance with the approved recycled water management plan; and\nif there has been noncompliance with the plan—state the actions taken, or planned to be taken, in relation to the noncompliance.\nIf the recycled water scheme is a multiple-entity recycled water scheme, the relevant entity complies with subsection (1) (a) if a declared entity for the scheme has a suitably qualified person conduct the internal audit in accordance with subsection (1) (a) .\nIn this section—\nrequired interval means an interval, at which internal audits of the approved recycled water management plan must be conducted, stated in the notice about the plan under section 206 (2) (c) .\ns 260 sub 2023 No. 24 s 70\n(sec.260-ssec.1) The relevant entity for a recycled water scheme must— at each required interval, have a suitably qualified person conduct an audit (an internal audit ) of the approved recycled water management plan for the scheme to assess compliance with the plan and its conditions; and within 30 business days after each internal audit is completed, give the regulator a report about the audit that complies with subsection (2) (an internal audit report ). Maximum penalty—500 penalty units.\n(sec.260-ssec.2) The internal audit report must— be prepared by the suitably qualified person in accordance with any guidelines about preparing the report made by the regulator; and state whether there has been noncompliance with the approved recycled water management plan; and if there has been noncompliance with the plan—state the actions taken, or planned to be taken, in relation to the noncompliance.\n(sec.260-ssec.3) If the recycled water scheme is a multiple-entity recycled water scheme, the relevant entity complies with subsection (1) (a) if a declared entity for the scheme has a suitably qualified person conduct the internal audit in accordance with subsection (1) (a) .\n(sec.260-ssec.4) In this section— required interval means an interval, at which internal audits of the approved recycled water management plan must be conducted, stated in the notice about the plan under section 206 (2) (c) .\n- (a) at each required interval, have a suitably qualified person conduct an audit (an internal audit ) of the approved recycled water management plan for the scheme to assess compliance with the plan and its conditions; and\n- (b) within 30 business days after each internal audit is completed, give the regulator a report about the audit that complies with subsection (2) (an internal audit report ).\n- (a) be prepared by the suitably qualified person in accordance with any guidelines about preparing the report made by the regulator; and\n- (b) state whether there has been noncompliance with the approved recycled water management plan; and\n- (c) if there has been noncompliance with the plan—state the actions taken, or planned to be taken, in relation to the noncompliance.","sortOrder":265},{"sectionNumber":"sec.261","sectionType":"section","heading":"Regular audits of recycled water management plans","content":"### sec.261 Regular audits of recycled water management plans\n\nThe relevant entity for a recycled water scheme must—\nat each required interval, have an independent suitably qualified person conduct an audit (a regular audit ) of the approved recycled water management plan for the scheme to assess compliance with the plan and its conditions; and\nwithin 30 business days after each regular audit is completed, give the regulator a report about the audit that complies with subsection (2) (a regular audit report ).\nMaximum penalty—500 penalty units.\nThe regular audit report must—\nbe prepared by the independent suitably qualified person in accordance with any guidelines about preparing the report made by the regulator; and\nstate whether there has been noncompliance with the approved recycled water management plan; and\nif there has been noncompliance with the plan—state the actions taken, or planned to be taken, in relation to the noncompliance.\nIf the recycled water scheme is a multiple-entity recycled water scheme, the relevant entity complies with subsection (1) (a) if a declared entity for the scheme has an independent suitably qualified person conduct the regular audit in accordance with subsection (1) (a) .\nIn this section—\nindependent suitably qualified person means a suitably qualified person who is not an employee of—\nif the recycled water scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or\nif the recycled water scheme is a multiple-entity recycled water scheme—the scheme manager, or a declared entity, for the scheme.\nrequired interval means an interval, at which regular audits of the approved recycled water management plan must be conducted, stated in the notice about the plan under section 206 (2) (d) .\ns 261 sub 2023 No. 24 s 70\n(sec.261-ssec.1) The relevant entity for a recycled water scheme must— at each required interval, have an independent suitably qualified person conduct an audit (a regular audit ) of the approved recycled water management plan for the scheme to assess compliance with the plan and its conditions; and within 30 business days after each regular audit is completed, give the regulator a report about the audit that complies with subsection (2) (a regular audit report ). Maximum penalty—500 penalty units.\n(sec.261-ssec.2) The regular audit report must— be prepared by the independent suitably qualified person in accordance with any guidelines about preparing the report made by the regulator; and state whether there has been noncompliance with the approved recycled water management plan; and if there has been noncompliance with the plan—state the actions taken, or planned to be taken, in relation to the noncompliance.\n(sec.261-ssec.3) If the recycled water scheme is a multiple-entity recycled water scheme, the relevant entity complies with subsection (1) (a) if a declared entity for the scheme has an independent suitably qualified person conduct the regular audit in accordance with subsection (1) (a) .\n(sec.261-ssec.4) In this section— independent suitably qualified person means a suitably qualified person who is not an employee of— if the recycled water scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or if the recycled water scheme is a multiple-entity recycled water scheme—the scheme manager, or a declared entity, for the scheme. required interval means an interval, at which regular audits of the approved recycled water management plan must be conducted, stated in the notice about the plan under section 206 (2) (d) .\n- (a) at each required interval, have an independent suitably qualified person conduct an audit (a regular audit ) of the approved recycled water management plan for the scheme to assess compliance with the plan and its conditions; and\n- (b) within 30 business days after each regular audit is completed, give the regulator a report about the audit that complies with subsection (2) (a regular audit report ).\n- (a) be prepared by the independent suitably qualified person in accordance with any guidelines about preparing the report made by the regulator; and\n- (b) state whether there has been noncompliance with the approved recycled water management plan; and\n- (c) if there has been noncompliance with the plan—state the actions taken, or planned to be taken, in relation to the noncompliance.\n- (a) if the recycled water scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (b) if the recycled water scheme is a multiple-entity recycled water scheme—the scheme manager, or a declared entity, for the scheme.","sortOrder":266},{"sectionNumber":"sec.262","sectionType":"section","heading":"Spot audits","content":"### sec.262 Spot audits\n\nSubsection (2) applies if the regulator is satisfied or reasonably believes—\nthe scheme manager, or a recycled water provider or other declared entity, for a recycled water scheme is not complying, or has not complied, with the recycled water management plan for the scheme or the conditions of the plan; or\nthe approved recycled water management plan for the scheme is no longer adequate.\nThe regulator may arrange for a spot audit report to be prepared about the recycled water management plan.\nBefore arranging for a spot audit report to be prepared because of the matter mentioned in subsection (1) (b) , the regulator—\nmust give a show cause notice about the proposed spot audit to—\nif the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or\nif the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and\nconsider all properly made submissions about the proposed spot audit.\nThe spot audit report may be prepared by the regulator or a suitably qualified person appointed by the regulator.\nThe spot audit report must be prepared in accordance with the guidelines, if any, about preparing spot audit reports under this section.\nWithin 30 business days after the spot audit report is completed, the regulator must give a copy of the report to—\nif the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or\nif the report relates to a multiple-entity recycled water scheme—the scheme manager for the scheme.\nSubsection (8) applies if the spot audit report states either or both of the following—\nthe recycled water management plan for the recycled water scheme is inadequate in a material particular;\nthe scheme manager, or recycled water provider or other declared entity, for the recycled water scheme (the responsible entity ) has not properly carried out the plan to the extent it applies to the responsible entity.\nThe regulator must give the responsible entity an information notice requiring the entity, within the reasonable period stated in the notice, to—\nif subsection (7) (a) applies—rectify the inadequacy; or\nif subsection (7) (b) applies—properly carry out the plan.\nThe responsible entity must comply with the notice, unless the responsible entity has a reasonable excuse.\nMaximum penalty—1,665 penalty units.\nThe regulator may recover an amount equal to the cost of completing the spot audit report from—\nif the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or\nif the report relates to a multiple-entity recycled water scheme—the scheme manager, and any recycled water providers or other declared entities, for the scheme.\n(sec.262-ssec.1) Subsection (2) applies if the regulator is satisfied or reasonably believes— the scheme manager, or a recycled water provider or other declared entity, for a recycled water scheme is not complying, or has not complied, with the recycled water management plan for the scheme or the conditions of the plan; or the approved recycled water management plan for the scheme is no longer adequate.\n(sec.262-ssec.2) The regulator may arrange for a spot audit report to be prepared about the recycled water management plan.\n(sec.262-ssec.3) Before arranging for a spot audit report to be prepared because of the matter mentioned in subsection (1) (b) , the regulator— must give a show cause notice about the proposed spot audit to— if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and consider all properly made submissions about the proposed spot audit.\n(sec.262-ssec.4) The spot audit report may be prepared by the regulator or a suitably qualified person appointed by the regulator.\n(sec.262-ssec.5) The spot audit report must be prepared in accordance with the guidelines, if any, about preparing spot audit reports under this section.\n(sec.262-ssec.6) Within 30 business days after the spot audit report is completed, the regulator must give a copy of the report to— if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or if the report relates to a multiple-entity recycled water scheme—the scheme manager for the scheme.\n(sec.262-ssec.7) Subsection (8) applies if the spot audit report states either or both of the following— the recycled water management plan for the recycled water scheme is inadequate in a material particular; the scheme manager, or recycled water provider or other declared entity, for the recycled water scheme (the responsible entity ) has not properly carried out the plan to the extent it applies to the responsible entity.\n(sec.262-ssec.8) The regulator must give the responsible entity an information notice requiring the entity, within the reasonable period stated in the notice, to— if subsection (7) (a) applies—rectify the inadequacy; or if subsection (7) (b) applies—properly carry out the plan.\n(sec.262-ssec.9) The responsible entity must comply with the notice, unless the responsible entity has a reasonable excuse. Maximum penalty—1,665 penalty units.\n(sec.262-ssec.10) The regulator may recover an amount equal to the cost of completing the spot audit report from— if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or if the report relates to a multiple-entity recycled water scheme—the scheme manager, and any recycled water providers or other declared entities, for the scheme.\n- (a) the scheme manager, or a recycled water provider or other declared entity, for a recycled water scheme is not complying, or has not complied, with the recycled water management plan for the scheme or the conditions of the plan; or\n- (b) the approved recycled water management plan for the scheme is no longer adequate.\n- (a) must give a show cause notice about the proposed spot audit to— (i) if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or (ii) if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and\n- (i) if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (ii) if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and\n- (b) consider all properly made submissions about the proposed spot audit.\n- (i) if the recycled water management plan is for a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (ii) if the recycled water management plan is for a multiple-entity recycled water scheme—the scheme manager and each declared entity for the scheme; and\n- (a) if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (b) if the report relates to a multiple-entity recycled water scheme—the scheme manager for the scheme.\n- (a) the recycled water management plan for the recycled water scheme is inadequate in a material particular;\n- (b) the scheme manager, or recycled water provider or other declared entity, for the recycled water scheme (the responsible entity ) has not properly carried out the plan to the extent it applies to the responsible entity.\n- (a) if subsection (7) (a) applies—rectify the inadequacy; or\n- (b) if subsection (7) (b) applies—properly carry out the plan.\n- (a) if the report relates to a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (b) if the report relates to a multiple-entity recycled water scheme—the scheme manager, and any recycled water providers or other declared entities, for the scheme.","sortOrder":267},{"sectionNumber":"sec.263","sectionType":"section","heading":"Auditor’s responsibility to inform regulator","content":"### sec.263 Auditor’s responsibility to inform regulator\n\nThis section applies if, in conducting an audit about a recycled water management plan, an auditor forms a reasonable belief that—\na following entity has not, or is not, complying with the plan or a condition of the plan—\nfor a plan for a single-entity recycled water scheme—the recycled water provider for the scheme;\nfor a plan for a multiple-entity recycled water scheme—the scheme manager, or a recycled water provider or other declared entity, for the scheme; and\nthe noncompliance is likely to have an imminent and serious adverse effect on public health.\nThe auditor must immediately give details of the facts and circumstances giving rise to the belief to the regulator.\nMaximum penalty—1,665 penalty units.\nIf the auditor complies with subsection (2) by giving the regulator the details orally, the auditor must, as soon as practicable after giving the details orally, give the regulator notice of the details.\nMaximum penalty—200 penalty units.\ns 263 amd 2009 No. 46 s 138\n(sec.263-ssec.1) This section applies if, in conducting an audit about a recycled water management plan, an auditor forms a reasonable belief that— a following entity has not, or is not, complying with the plan or a condition of the plan— for a plan for a single-entity recycled water scheme—the recycled water provider for the scheme; for a plan for a multiple-entity recycled water scheme—the scheme manager, or a recycled water provider or other declared entity, for the scheme; and the noncompliance is likely to have an imminent and serious adverse effect on public health.\n(sec.263-ssec.2) The auditor must immediately give details of the facts and circumstances giving rise to the belief to the regulator. Maximum penalty—1,665 penalty units.\n(sec.263-ssec.3) If the auditor complies with subsection (2) by giving the regulator the details orally, the auditor must, as soon as practicable after giving the details orally, give the regulator notice of the details. Maximum penalty—200 penalty units.\n- (a) a following entity has not, or is not, complying with the plan or a condition of the plan— (i) for a plan for a single-entity recycled water scheme—the recycled water provider for the scheme; (ii) for a plan for a multiple-entity recycled water scheme—the scheme manager, or a recycled water provider or other declared entity, for the scheme; and\n- (i) for a plan for a single-entity recycled water scheme—the recycled water provider for the scheme;\n- (ii) for a plan for a multiple-entity recycled water scheme—the scheme manager, or a recycled water provider or other declared entity, for the scheme; and\n- (b) the noncompliance is likely to have an imminent and serious adverse effect on public health.\n- (i) for a plan for a single-entity recycled water scheme—the recycled water provider for the scheme;\n- (ii) for a plan for a multiple-entity recycled water scheme—the scheme manager, or a recycled water provider or other declared entity, for the scheme; and","sortOrder":268},{"sectionNumber":"sec.264","sectionType":"section","heading":"Declarations about audit reports","content":"### sec.264 Declarations about audit reports\n\nAn audit report given to the regulator under this part must be accompanied by a statutory declaration by the auditor.\nThe auditor’s declaration must—\nstate the auditor’s qualifications and experience relevant to the audit; and\nstate that the auditor has not knowingly included any false, misleading or incomplete information or document to the regulator; and\nstate that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and\ncertify that—\nthe report addresses the matters relevant to the audit to which it relates, and is factually correct; and\nthe opinions expressed in it are honestly and reasonably held.\n(sec.264-ssec.1) An audit report given to the regulator under this part must be accompanied by a statutory declaration by the auditor.\n(sec.264-ssec.2) The auditor’s declaration must— state the auditor’s qualifications and experience relevant to the audit; and state that the auditor has not knowingly included any false, misleading or incomplete information or document to the regulator; and state that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and certify that— the report addresses the matters relevant to the audit to which it relates, and is factually correct; and the opinions expressed in it are honestly and reasonably held.\n- (a) state the auditor’s qualifications and experience relevant to the audit; and\n- (b) state that the auditor has not knowingly included any false, misleading or incomplete information or document to the regulator; and\n- (c) state that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and\n- (d) certify that— (i) the report addresses the matters relevant to the audit to which it relates, and is factually correct; and (ii) the opinions expressed in it are honestly and reasonably held.\n- (i) the report addresses the matters relevant to the audit to which it relates, and is factually correct; and\n- (ii) the opinions expressed in it are honestly and reasonably held.\n- (i) the report addresses the matters relevant to the audit to which it relates, and is factually correct; and\n- (ii) the opinions expressed in it are honestly and reasonably held.","sortOrder":269},{"sectionNumber":"sec.265","sectionType":"section","heading":"Access for conducting audits","content":"### sec.265 Access for conducting audits\n\nFor conducting an audit under this part, the relevant entity and any declared entity for a recycled water scheme must give the auditor, and any person employed or authorised by the auditor to participate in conducting the audit, free and uninterrupted access to the infrastructure forming part of the scheme and any records relating to the infrastructure.\nMaximum penalty—200 penalty units.\nHowever, the auditor, and any person employed or authorised by the auditor to participate in conducting the audit, must not enter the premises of a person other than the relevant entity or a declared entity for the recycled water scheme unless the person agrees to the entry.\n(sec.265-ssec.1) For conducting an audit under this part, the relevant entity and any declared entity for a recycled water scheme must give the auditor, and any person employed or authorised by the auditor to participate in conducting the audit, free and uninterrupted access to the infrastructure forming part of the scheme and any records relating to the infrastructure. Maximum penalty—200 penalty units.\n(sec.265-ssec.2) However, the auditor, and any person employed or authorised by the auditor to participate in conducting the audit, must not enter the premises of a person other than the relevant entity or a declared entity for the recycled water scheme unless the person agrees to the entry.","sortOrder":270},{"sectionNumber":"sec.266","sectionType":"section","heading":"Sections 266 –269 not used","content":"### sec.266 Sections 266 –269 not used\n\nSee editor’s note for section 1 .","sortOrder":271},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Reporting requirements","content":"# Reporting requirements","sortOrder":272},{"sectionNumber":"ch.3-pt.7-div.1","sectionType":"division","heading":"Notices to be given","content":"## Notices to be given","sortOrder":273},{"sectionNumber":"sec.270AA","sectionType":"section","heading":"Application of div 1","content":"### sec.270AA Application of div 1\n\nThis division applies to a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme if there is an approved recycled water management plan for the scheme.\ns 270AA ins 2010 No. 20 s 141\namd 2014 No. 16 s 79","sortOrder":274},{"sectionNumber":"sec.270","sectionType":"section","heading":"Notice of noncompliance with water quality criteria","content":"### sec.270 Notice of noncompliance with water quality criteria\n\nThis section applies if a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme (the alerting entity ) becomes aware that the quality of recycled water produced or supplied under the recycled water scheme for the entity does not comply with the water quality criteria for the recycled water relevant to the scheme.\nThe alerting entity must, unless the entity has a reasonable excuse, immediately inform each of the following of the noncompliance and the circumstances that gave rise to the noncompliance—\nthe regulator;\nif another entity is the responsible entity for the noncompliance—the responsible entity.\nMaximum penalty—1,665 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\nSubsection (4) applies—\nif the alerting entity is also the responsible entity for the noncompliance—as soon as practicable after the noncompliance; or\notherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .\nThe responsible entity for the noncompliance must, unless the entity has a reasonable excuse, give the regulator notice of the following in the approved form—\nthe noncompliance and the circumstances that gave rise to the noncompliance;\nany action taken, or to be taken, by the entity to correct the noncompliance;\nthe measures the entity will take to prevent the noncompliance in the future.\nMaximum penalty—200 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\nIn this section—\nresponsible entity , for a noncompliance, means the scheme manager, recycled water provider or other declared entity, for a recycled water scheme that is responsible for taking any action to correct the noncompliance.\ns 270 sub 2010 No. 20 s 141\namd 2013 No. 51 s 229 sch 1\n(sec.270-ssec.1) This section applies if a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme (the alerting entity ) becomes aware that the quality of recycled water produced or supplied under the recycled water scheme for the entity does not comply with the water quality criteria for the recycled water relevant to the scheme.\n(sec.270-ssec.2) The alerting entity must, unless the entity has a reasonable excuse, immediately inform each of the following of the noncompliance and the circumstances that gave rise to the noncompliance— the regulator; if another entity is the responsible entity for the noncompliance—the responsible entity. Maximum penalty—1,665 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\n(sec.270-ssec.3) Subsection (4) applies— if the alerting entity is also the responsible entity for the noncompliance—as soon as practicable after the noncompliance; or otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .\n(sec.270-ssec.4) The responsible entity for the noncompliance must, unless the entity has a reasonable excuse, give the regulator notice of the following in the approved form— the noncompliance and the circumstances that gave rise to the noncompliance; any action taken, or to be taken, by the entity to correct the noncompliance; the measures the entity will take to prevent the noncompliance in the future. Maximum penalty—200 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\n(sec.270-ssec.5) In this section— responsible entity , for a noncompliance, means the scheme manager, recycled water provider or other declared entity, for a recycled water scheme that is responsible for taking any action to correct the noncompliance.\n- (a) the regulator;\n- (b) if another entity is the responsible entity for the noncompliance—the responsible entity.\n- (a) if the alerting entity is also the responsible entity for the noncompliance—as soon as practicable after the noncompliance; or\n- (b) otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .\n- (a) the noncompliance and the circumstances that gave rise to the noncompliance;\n- (b) any action taken, or to be taken, by the entity to correct the noncompliance;\n- (c) the measures the entity will take to prevent the noncompliance in the future.","sortOrder":275},{"sectionNumber":"sec.271","sectionType":"section","heading":"Notice of prescribed incidents","content":"### sec.271 Notice of prescribed incidents\n\nThis section applies if a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme (the alerting entity ) becomes aware a prescribed incident has happened in relation to the alerting entity or the scheme.\nThe alerting entity must, unless the entity has a reasonable excuse, immediately inform each of the following of the prescribed incident—\nthe regulator;\nif another entity is the responsible entity for prescribed incident—the responsible entity.\nMaximum penalty—1,665 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\nSubsection (4) applies—\nif the alerting entity is also the responsible entity for the prescribed incident—as soon as practicable after the prescribed incident; or\notherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .\nThe responsible entity must, unless the entity has a reasonable excuse, give the regulator notice of the following in the approved form—\nthe prescribed incident and the circumstances that gave rise to the prescribed incident;\nany action taken, or to be taken, by the entity relating to the prescribed incident;\nthe measures the entity will take to prevent the prescribed incident happening again in the future.\nMaximum penalty—200 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\nIn this section—\nprescribed incident means an incident prescribed under a regulation.\nresponsible entity , for a prescribed incident, means the scheme manager, recycled water provider or other declared entity, for a recycled water scheme that is responsible for taking action relating to the prescribed incident.\ns 271 sub 2010 No. 20 s 141\namd 2013 No. 51 s 229 sch 1\n(sec.271-ssec.1) This section applies if a scheme manager, a recycled water provider or other declared entity, for a recycled water scheme (the alerting entity ) becomes aware a prescribed incident has happened in relation to the alerting entity or the scheme.\n(sec.271-ssec.2) The alerting entity must, unless the entity has a reasonable excuse, immediately inform each of the following of the prescribed incident— the regulator; if another entity is the responsible entity for prescribed incident—the responsible entity. Maximum penalty—1,665 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\n(sec.271-ssec.3) Subsection (4) applies— if the alerting entity is also the responsible entity for the prescribed incident—as soon as practicable after the prescribed incident; or otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .\n(sec.271-ssec.4) The responsible entity must, unless the entity has a reasonable excuse, give the regulator notice of the following in the approved form— the prescribed incident and the circumstances that gave rise to the prescribed incident; any action taken, or to be taken, by the entity relating to the prescribed incident; the measures the entity will take to prevent the prescribed incident happening again in the future. Maximum penalty—200 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A , to have also committed the offence.\n(sec.271-ssec.5) In this section— prescribed incident means an incident prescribed under a regulation. responsible entity , for a prescribed incident, means the scheme manager, recycled water provider or other declared entity, for a recycled water scheme that is responsible for taking action relating to the prescribed incident.\n- (a) the regulator;\n- (b) if another entity is the responsible entity for prescribed incident—the responsible entity.\n- (a) if the alerting entity is also the responsible entity for the prescribed incident—as soon as practicable after the prescribed incident; or\n- (b) otherwise—as soon as practicable after the alerting entity informs the responsible entity under subsection (2) .\n- (a) the prescribed incident and the circumstances that gave rise to the prescribed incident;\n- (b) any action taken, or to be taken, by the entity relating to the prescribed incident;\n- (c) the measures the entity will take to prevent the prescribed incident happening again in the future.","sortOrder":276},{"sectionNumber":"sec.272","sectionType":"section","heading":"Self-incrimination not a reasonable excuse for div 1","content":"### sec.272 Self-incrimination not a reasonable excuse for div 1\n\nIt is not a reasonable excuse, under section 270 or 271 , for an entity to fail to give the relevant information that giving the information might tend to incriminate the entity.\nHowever, if the entity is an individual, evidence of, or evidence directly or indirectly derived from, the relevant information that might tend to incriminate the entity is not admissible in evidence against the entity in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.\nIn this section—\nrelevant information means information given to the regulator under section 270 or 271 .\ns 272 sub 2010 No. 20 s 141\n(sec.272-ssec.1) It is not a reasonable excuse, under section 270 or 271 , for an entity to fail to give the relevant information that giving the information might tend to incriminate the entity.\n(sec.272-ssec.2) However, if the entity is an individual, evidence of, or evidence directly or indirectly derived from, the relevant information that might tend to incriminate the entity is not admissible in evidence against the entity in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.\n(sec.272-ssec.3) In this section— relevant information means information given to the regulator under section 270 or 271 .","sortOrder":277},{"sectionNumber":"ch.3-pt.7-div.2","sectionType":"division","heading":"Annual reports","content":"## Annual reports","sortOrder":278},{"sectionNumber":"sec.273","sectionType":"section","heading":"Annual reporting requirement","content":"### sec.273 Annual reporting requirement\n\nThe relevant entity for a recycled water scheme must prepare an annual report for each financial year after a recycled water management plan for the scheme has been approved.\nThe annual report must—\nbe prepared in accordance with the guidelines, if any, made by the regulator about the preparation of annual reports; and\nstate the outcome of any review of the recycled water management plan in the financial year to which the annual report relates, and how the matters raised in the review have been addressed; and\ncontain details of the findings of, and any recommendations stated in, an internal audit report under section 260 or a regular audit report under section 261 given to the regulator in the financial year; and\ncontain details of the information given to the regulator under section 270 or 271 in the financial year.\nThe relevant entity must give a copy of the annual report to the regulator within 120 business days after the end of the financial year.\nMaximum penalty—500 penalty units.\nIf a relevant entity is a recycled water provider for a single entity recycled water scheme, the annual report may be combined with a report given to the regulator under section 141 .\ns 273 ins 2010 No. 20 s 141\namd 2014 No. 16 s 80\n(sec.273-ssec.1) The relevant entity for a recycled water scheme must prepare an annual report for each financial year after a recycled water management plan for the scheme has been approved.\n(sec.273-ssec.2) The annual report must— be prepared in accordance with the guidelines, if any, made by the regulator about the preparation of annual reports; and state the outcome of any review of the recycled water management plan in the financial year to which the annual report relates, and how the matters raised in the review have been addressed; and contain details of the findings of, and any recommendations stated in, an internal audit report under section 260 or a regular audit report under section 261 given to the regulator in the financial year; and contain details of the information given to the regulator under section 270 or 271 in the financial year.\n(sec.273-ssec.3) The relevant entity must give a copy of the annual report to the regulator within 120 business days after the end of the financial year. Maximum penalty—500 penalty units.\n(sec.273-ssec.4) If a relevant entity is a recycled water provider for a single entity recycled water scheme, the annual report may be combined with a report given to the regulator under section 141 .\n- (a) be prepared in accordance with the guidelines, if any, made by the regulator about the preparation of annual reports; and\n- (b) state the outcome of any review of the recycled water management plan in the financial year to which the annual report relates, and how the matters raised in the review have been addressed; and\n- (c) contain details of the findings of, and any recommendations stated in, an internal audit report under section 260 or a regular audit report under section 261 given to the regulator in the financial year; and\n- (d) contain details of the information given to the regulator under section 270 or 271 in the financial year.","sortOrder":279},{"sectionNumber":"ch.3-pt.7-div.3","sectionType":"division","heading":"Public reports","content":"## Public reports","sortOrder":280},{"sectionNumber":"sec.274","sectionType":"section","heading":"Public reporting requirement","content":"### sec.274 Public reporting requirement\n\nThis section applies if recycled water is supplied under—\na recycled water scheme to augment a supply of drinking water; or\na recycled water scheme to premises by way of a dual reticulation system.\nThe relevant entity for the recycled water scheme must, for each reporting period, prepare and make publicly available a report about the scheme (a public report ) in compliance with subsection (6) .\nMaximum penalty—500 penalty units.\nThe relevant entity must comply with subsection (2) unless the relevant entity has a reasonable excuse.\nIt is not a reasonable excuse for subsection (2) that the public report may tend to incriminate the relevant entity.\nHowever, if the relevant entity is an individual, evidence of, or evidence directly or indirectly derived from, the public report that might incriminate the entity is not admissible in evidence against the entity in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.\nA public report for a reporting period must—\nbe made publicly available within 30 business days after the last day of the reporting period; and\ninclude the results of water quality monitoring carried out for the recycled water scheme during the reporting period by—\nfor a single-entity recycled water scheme—the recycled water provider; or\nfor a multiple-entity recycled water scheme—the scheme manager and each recycled water provider and other declared entity for the scheme; and\ninclude details of the information given to the regulator under sections 270 and 271 during the reporting period by the entity or entities mentioned in paragraph (b) ; and\nsubject to paragraphs (a) to (c) , be prepared and made publicly available as required under the guidelines made by the regulator about the preparation and publication of reports under this section.\nIn this section—\nreporting periods means—\neach of the following 3-month periods in a year—\n1 January to 31 March;\n1 April to 30 June;\n1 July to 30 September;\n1 October to 31 December; or\nif the regulator gives the relevant entity a notice stating reporting periods that are longer than the periods mentioned in paragraph (a) —the longer periods.\ns 274 prev s 274 ins 2010 No. 20 s 141\nom 2010 No. 53 s 223\npres s 274 ins 2010 No. 53 s 224\namd 2013 No. 23 s 346 ; 2014 No. 31 s 32\n(sec.274-ssec.1) This section applies if recycled water is supplied under— a recycled water scheme to augment a supply of drinking water; or a recycled water scheme to premises by way of a dual reticulation system.\n(sec.274-ssec.2) The relevant entity for the recycled water scheme must, for each reporting period, prepare and make publicly available a report about the scheme (a public report ) in compliance with subsection (6) . Maximum penalty—500 penalty units.\n(sec.274-ssec.3) The relevant entity must comply with subsection (2) unless the relevant entity has a reasonable excuse.\n(sec.274-ssec.4) It is not a reasonable excuse for subsection (2) that the public report may tend to incriminate the relevant entity.\n(sec.274-ssec.5) However, if the relevant entity is an individual, evidence of, or evidence directly or indirectly derived from, the public report that might incriminate the entity is not admissible in evidence against the entity in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.\n(sec.274-ssec.6) A public report for a reporting period must— be made publicly available within 30 business days after the last day of the reporting period; and include the results of water quality monitoring carried out for the recycled water scheme during the reporting period by— for a single-entity recycled water scheme—the recycled water provider; or for a multiple-entity recycled water scheme—the scheme manager and each recycled water provider and other declared entity for the scheme; and include details of the information given to the regulator under sections 270 and 271 during the reporting period by the entity or entities mentioned in paragraph (b) ; and subject to paragraphs (a) to (c) , be prepared and made publicly available as required under the guidelines made by the regulator about the preparation and publication of reports under this section.\n(sec.274-ssec.7) In this section— reporting periods means— each of the following 3-month periods in a year— 1 January to 31 March; 1 April to 30 June; 1 July to 30 September; 1 October to 31 December; or if the regulator gives the relevant entity a notice stating reporting periods that are longer than the periods mentioned in paragraph (a) —the longer periods.\n- (a) a recycled water scheme to augment a supply of drinking water; or\n- (b) a recycled water scheme to premises by way of a dual reticulation system.\n- (a) be made publicly available within 30 business days after the last day of the reporting period; and\n- (b) include the results of water quality monitoring carried out for the recycled water scheme during the reporting period by— (i) for a single-entity recycled water scheme—the recycled water provider; or (ii) for a multiple-entity recycled water scheme—the scheme manager and each recycled water provider and other declared entity for the scheme; and\n- (i) for a single-entity recycled water scheme—the recycled water provider; or\n- (ii) for a multiple-entity recycled water scheme—the scheme manager and each recycled water provider and other declared entity for the scheme; and\n- (c) include details of the information given to the regulator under sections 270 and 271 during the reporting period by the entity or entities mentioned in paragraph (b) ; and\n- (d) subject to paragraphs (a) to (c) , be prepared and made publicly available as required under the guidelines made by the regulator about the preparation and publication of reports under this section.\n- (i) for a single-entity recycled water scheme—the recycled water provider; or\n- (ii) for a multiple-entity recycled water scheme—the scheme manager and each recycled water provider and other declared entity for the scheme; and\n- (a) each of the following 3-month periods in a year— (i) 1 January to 31 March; (ii) 1 April to 30 June; (iii) 1 July to 30 September; (iv) 1 October to 31 December; or\n- (i) 1 January to 31 March;\n- (ii) 1 April to 30 June;\n- (iii) 1 July to 30 September;\n- (iv) 1 October to 31 December; or\n- (b) if the regulator gives the relevant entity a notice stating reporting periods that are longer than the periods mentioned in paragraph (a) —the longer periods.\n- (i) 1 January to 31 March;\n- (ii) 1 April to 30 June;\n- (iii) 1 July to 30 September;\n- (iv) 1 October to 31 December; or","sortOrder":281},{"sectionNumber":"sec.275","sectionType":"section","heading":"Sections 275 –299 not used","content":"### sec.275 Sections 275 –299 not used\n\nSee editor’s note for section 1 .\ns 275 ins 2010 No. 53 s 224","sortOrder":282},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"Declaration of critical recycled water schemes","content":"# Declaration of critical recycled water schemes","sortOrder":283},{"sectionNumber":"sec.300","sectionType":"section","heading":"Meaning of scheme manager for a recycled water scheme","content":"### sec.300 Meaning of scheme manager for a recycled water scheme\n\nThe scheme manager for a multiple-entity recycled water scheme is the entity—\nthe recycled water providers and other entities declared to be part of the scheme agree is the scheme manager for the scheme; and\neither—\nstated in the declaration under this part for the scheme to be the scheme manager; or\nstated in the notice given under section 307 (2) .\n- (a) the recycled water providers and other entities declared to be part of the scheme agree is the scheme manager for the scheme; and\n- (b) either— (i) stated in the declaration under this part for the scheme to be the scheme manager; or (ii) stated in the notice given under section 307 (2) .\n- (i) stated in the declaration under this part for the scheme to be the scheme manager; or\n- (ii) stated in the notice given under section 307 (2) .\n- (i) stated in the declaration under this part for the scheme to be the scheme manager; or\n- (ii) stated in the notice given under section 307 (2) .","sortOrder":284},{"sectionNumber":"sec.301","sectionType":"section","heading":"Making declaration","content":"### sec.301 Making declaration\n\nThe regulator may declare a recycled water scheme to be a critical recycled water scheme if the regulator reasonably believes the declaration is necessary—\nto maintain continuity of operation of the scheme to meet the essential water supply needs of the community or industry; or\nto ensure the appropriate management of risks to public health posed by the supply of recycled water under the scheme.\nWithout limiting subsection (1) , the regulator must declare a recycled water scheme to be a critical recycled water scheme if—\nrecycled water is supplied, or proposed to be supplied, under the scheme to augment a supply of drinking water; or\nunder the scheme, at least 500kL of recycled water a day is supplied, or proposed to be supplied, to premises by way of a dual reticulation system.\ns 301 amd 2010 No. 20 s 142 ; 2010 No. 53 s 225 ; 2013 No. 23 s 347 ; 2014 No. 31 s 33 ; 2019 No. 17 s 347\n(sec.301-ssec.1) The regulator may declare a recycled water scheme to be a critical recycled water scheme if the regulator reasonably believes the declaration is necessary— to maintain continuity of operation of the scheme to meet the essential water supply needs of the community or industry; or to ensure the appropriate management of risks to public health posed by the supply of recycled water under the scheme.\n(sec.301-ssec.2) Without limiting subsection (1) , the regulator must declare a recycled water scheme to be a critical recycled water scheme if— recycled water is supplied, or proposed to be supplied, under the scheme to augment a supply of drinking water; or under the scheme, at least 500kL of recycled water a day is supplied, or proposed to be supplied, to premises by way of a dual reticulation system.\n- (a) to maintain continuity of operation of the scheme to meet the essential water supply needs of the community or industry; or\n- (b) to ensure the appropriate management of risks to public health posed by the supply of recycled water under the scheme.\n- (a) recycled water is supplied, or proposed to be supplied, under the scheme to augment a supply of drinking water; or\n- (b) under the scheme, at least 500kL of recycled water a day is supplied, or proposed to be supplied, to premises by way of a dual reticulation system.","sortOrder":285},{"sectionNumber":"sec.302","sectionType":"section","heading":"Regulator may request information about a recycled water scheme","content":"### sec.302 Regulator may request information about a recycled water scheme\n\nBefore declaring a recycled water scheme to be a critical recycled water scheme, the regulator may ask the recycled water providers and other entities proposed to be declared to be part of the scheme to give the regulator a notice about who the providers and entities agree is the scheme manager for the scheme.\nAlso, the regulator may by notice require a responsible entity to give the regulator, within a stated reasonable period, information about the scheme.\nWhen making the requirement, the regulator must warn the responsible entity it is an offence to fail to comply with the requirement unless the responsible entity has a reasonable excuse.\nA responsible entity must comply with the requirement unless the responsible entity has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf a responsible entity is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the responsible individual.\nIn this section—\nresponsible entity , in relation to a recycled water scheme, means—\na recycled water provider or other entity proposed to be declared to be part of the scheme; or\nthe proposed scheme manager for the scheme.\ns 302 amd 2009 No. 46 s 139\n(sec.302-ssec.1) Before declaring a recycled water scheme to be a critical recycled water scheme, the regulator may ask the recycled water providers and other entities proposed to be declared to be part of the scheme to give the regulator a notice about who the providers and entities agree is the scheme manager for the scheme.\n(sec.302-ssec.2) Also, the regulator may by notice require a responsible entity to give the regulator, within a stated reasonable period, information about the scheme.\n(sec.302-ssec.3) When making the requirement, the regulator must warn the responsible entity it is an offence to fail to comply with the requirement unless the responsible entity has a reasonable excuse.\n(sec.302-ssec.4) A responsible entity must comply with the requirement unless the responsible entity has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.302-ssec.5) If a responsible entity is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the responsible individual.\n(sec.302-ssec.6) In this section— responsible entity , in relation to a recycled water scheme, means— a recycled water provider or other entity proposed to be declared to be part of the scheme; or the proposed scheme manager for the scheme.\n- (a) a recycled water provider or other entity proposed to be declared to be part of the scheme; or\n- (b) the proposed scheme manager for the scheme.","sortOrder":286},{"sectionNumber":"sec.303","sectionType":"section","heading":"Notice of regulator’s intention to make declaration","content":"### sec.303 Notice of regulator’s intention to make declaration\n\nBefore declaring a recycled water scheme to be a critical recycled water scheme, the regulator must—\ngive notice of the regulator’s intention to make the declaration to—\nif the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or\nif the scheme is a multiple-entity recycled water scheme—each recycled water provider and other entity the regulator intends to declare to be part of the scheme; and\nconsider all properly made submissions given to the regulator under subsection (3) .\nSubsection (1) does not apply to the declaration of a recycled water scheme if, under section 301 (2) , the regulator must declare the scheme to be a critical recycled water scheme.\nThe notice must—\ndescribe the recycled water scheme; and\ndescribe the infrastructure proposed to be part of the scheme; and\nstate the reasons that the regulator intends to make the declaration; and\nfor a notice about a multiple-entity recycled water scheme—\nstate each recycled water provider and other entity proposed to be declared to be part of the scheme; and\nif known, state the proposed scheme manager for the scheme; and\nstate the entity to whom the notice is given may, within 30 days after receiving the notice, give the regulator a written submission about the proposed declaration.\nIf the notice is about a multiple-entity recycled water scheme and the scheme manager for the scheme is not known when the notice is given, the notice may also state the recycled water provider or other entity may give the regulator advice about who the provider or entity considers should be the scheme manager for the scheme.\nAn entity that is not a recycled water provider may be stated to be part of a multiple-entity recycled water scheme only if the entity owns infrastructure for the supply of recycled water.\n(sec.303-ssec.1) Before declaring a recycled water scheme to be a critical recycled water scheme, the regulator must— give notice of the regulator’s intention to make the declaration to— if the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or if the scheme is a multiple-entity recycled water scheme—each recycled water provider and other entity the regulator intends to declare to be part of the scheme; and consider all properly made submissions given to the regulator under subsection (3) .\n(sec.303-ssec.2) Subsection (1) does not apply to the declaration of a recycled water scheme if, under section 301 (2) , the regulator must declare the scheme to be a critical recycled water scheme.\n(sec.303-ssec.3) The notice must— describe the recycled water scheme; and describe the infrastructure proposed to be part of the scheme; and state the reasons that the regulator intends to make the declaration; and for a notice about a multiple-entity recycled water scheme— state each recycled water provider and other entity proposed to be declared to be part of the scheme; and if known, state the proposed scheme manager for the scheme; and state the entity to whom the notice is given may, within 30 days after receiving the notice, give the regulator a written submission about the proposed declaration.\n(sec.303-ssec.4) If the notice is about a multiple-entity recycled water scheme and the scheme manager for the scheme is not known when the notice is given, the notice may also state the recycled water provider or other entity may give the regulator advice about who the provider or entity considers should be the scheme manager for the scheme.\n(sec.303-ssec.5) An entity that is not a recycled water provider may be stated to be part of a multiple-entity recycled water scheme only if the entity owns infrastructure for the supply of recycled water.\n- (a) give notice of the regulator’s intention to make the declaration to— (i) if the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or (ii) if the scheme is a multiple-entity recycled water scheme—each recycled water provider and other entity the regulator intends to declare to be part of the scheme; and\n- (i) if the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (ii) if the scheme is a multiple-entity recycled water scheme—each recycled water provider and other entity the regulator intends to declare to be part of the scheme; and\n- (b) consider all properly made submissions given to the regulator under subsection (3) .\n- (i) if the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (ii) if the scheme is a multiple-entity recycled water scheme—each recycled water provider and other entity the regulator intends to declare to be part of the scheme; and\n- (a) describe the recycled water scheme; and\n- (b) describe the infrastructure proposed to be part of the scheme; and\n- (c) state the reasons that the regulator intends to make the declaration; and\n- (d) for a notice about a multiple-entity recycled water scheme— (i) state each recycled water provider and other entity proposed to be declared to be part of the scheme; and (ii) if known, state the proposed scheme manager for the scheme; and\n- (i) state each recycled water provider and other entity proposed to be declared to be part of the scheme; and\n- (ii) if known, state the proposed scheme manager for the scheme; and\n- (e) state the entity to whom the notice is given may, within 30 days after receiving the notice, give the regulator a written submission about the proposed declaration.\n- (i) state each recycled water provider and other entity proposed to be declared to be part of the scheme; and\n- (ii) if known, state the proposed scheme manager for the scheme; and","sortOrder":287},{"sectionNumber":"sec.304","sectionType":"section","heading":"Notice of declaration","content":"### sec.304 Notice of declaration\n\nIf the regulator decides to declare a recycled water scheme to be a critical recycled water scheme, the regulator must give notice of the declaration to—\nif the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or\nif the scheme is a multiple-entity recycled water scheme—\neach recycled water provider and other entity declared to be part of the scheme; and\nif known, the scheme manager for the scheme.\nThe notice must—\ndescribe the recycled water scheme; and\nstate the infrastructure and any proposed infrastructure that is or will be part of the scheme; and\nstate the reasons that the regulator made the declaration; and\nfor a declaration for a multiple-entity recycled water scheme—if known, state the entity that is the scheme manager for the scheme and each recycled water provider and other entity declared to be part of the scheme; and\nstate each recycled water provider and other entity declared to be part of the scheme must have a scheme provider plan for the scheme.\ns 304 amd 2010 No. 20 s 143\n(sec.304-ssec.1) If the regulator decides to declare a recycled water scheme to be a critical recycled water scheme, the regulator must give notice of the declaration to— if the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or if the scheme is a multiple-entity recycled water scheme— each recycled water provider and other entity declared to be part of the scheme; and if known, the scheme manager for the scheme.\n(sec.304-ssec.2) The notice must— describe the recycled water scheme; and state the infrastructure and any proposed infrastructure that is or will be part of the scheme; and state the reasons that the regulator made the declaration; and for a declaration for a multiple-entity recycled water scheme—if known, state the entity that is the scheme manager for the scheme and each recycled water provider and other entity declared to be part of the scheme; and state each recycled water provider and other entity declared to be part of the scheme must have a scheme provider plan for the scheme.\n- (a) if the scheme is a single-entity recycled water scheme—the recycled water provider for the scheme; or\n- (b) if the scheme is a multiple-entity recycled water scheme— (i) each recycled water provider and other entity declared to be part of the scheme; and (ii) if known, the scheme manager for the scheme.\n- (i) each recycled water provider and other entity declared to be part of the scheme; and\n- (ii) if known, the scheme manager for the scheme.\n- (i) each recycled water provider and other entity declared to be part of the scheme; and\n- (ii) if known, the scheme manager for the scheme.\n- (a) describe the recycled water scheme; and\n- (b) state the infrastructure and any proposed infrastructure that is or will be part of the scheme; and\n- (c) state the reasons that the regulator made the declaration; and\n- (d) for a declaration for a multiple-entity recycled water scheme—if known, state the entity that is the scheme manager for the scheme and each recycled water provider and other entity declared to be part of the scheme; and\n- (e) state each recycled water provider and other entity declared to be part of the scheme must have a scheme provider plan for the scheme.","sortOrder":288},{"sectionNumber":"sec.305","sectionType":"section","heading":"When declaration has effect","content":"### sec.305 When declaration has effect\n\nThe declaration has effect on the day the regulator gives notice of the declaration under section 304 .","sortOrder":289},{"sectionNumber":"sec.306","sectionType":"section","heading":"Review of declaration on request","content":"### sec.306 Review of declaration on request\n\nThe relevant entity for a critical recycled water scheme may, at any time after 1 year after the declaration of the scheme to be a critical recycled water scheme takes effect, ask the regulator to review the making of the declaration if the relevant entity considers the scheme should not be a critical recycled water scheme.\nThe request must—\nbe in writing; and\nbe given to the regulator; and\nstate the reasons that the relevant entity considers the scheme should not be a critical recycled water scheme.\nIf the regulator is asked to review a declaration under this section, the regulator must review the declaration.\nIn reviewing the declaration, the regulator may have regard to—\nthe reasons that the regulator made the declaration; and\nthe stated reasons mentioned in subsection (2) (c) ; and\nthe matters mentioned in section 301 ; and\nany other information the regulator considers relevant.\nIf, after reviewing the declaration, the regulator decides the recycled water scheme to which the declaration relates should continue to be a critical recycled water scheme, the regulator must give the relevant entity for the scheme an information notice for the decision.\nIf, after reviewing the declaration, the regulator decides the recycled water scheme to which the declaration relates should not continue to be a critical recycled water scheme, the regulator must give the relevant entity for the scheme notice of the decision.\nIf the regulator gives a relevant entity a notice under subsection (6) , the recycled water scheme to which the notice relates stops being a critical recycled water scheme on the day the notice is given.\nIf a declaration for a critical recycled water scheme is reviewed under this section (the previous review ), the relevant entity for the scheme can not ask for another review of the declaration under subsection (1) until at least 1 year after the previous review has ended.\n(sec.306-ssec.1) The relevant entity for a critical recycled water scheme may, at any time after 1 year after the declaration of the scheme to be a critical recycled water scheme takes effect, ask the regulator to review the making of the declaration if the relevant entity considers the scheme should not be a critical recycled water scheme.\n(sec.306-ssec.2) The request must— be in writing; and be given to the regulator; and state the reasons that the relevant entity considers the scheme should not be a critical recycled water scheme.\n(sec.306-ssec.3) If the regulator is asked to review a declaration under this section, the regulator must review the declaration.\n(sec.306-ssec.4) In reviewing the declaration, the regulator may have regard to— the reasons that the regulator made the declaration; and the stated reasons mentioned in subsection (2) (c) ; and the matters mentioned in section 301 ; and any other information the regulator considers relevant.\n(sec.306-ssec.5) If, after reviewing the declaration, the regulator decides the recycled water scheme to which the declaration relates should continue to be a critical recycled water scheme, the regulator must give the relevant entity for the scheme an information notice for the decision.\n(sec.306-ssec.6) If, after reviewing the declaration, the regulator decides the recycled water scheme to which the declaration relates should not continue to be a critical recycled water scheme, the regulator must give the relevant entity for the scheme notice of the decision.\n(sec.306-ssec.7) If the regulator gives a relevant entity a notice under subsection (6) , the recycled water scheme to which the notice relates stops being a critical recycled water scheme on the day the notice is given.\n(sec.306-ssec.8) If a declaration for a critical recycled water scheme is reviewed under this section (the previous review ), the relevant entity for the scheme can not ask for another review of the declaration under subsection (1) until at least 1 year after the previous review has ended.\n- (a) be in writing; and\n- (b) be given to the regulator; and\n- (c) state the reasons that the relevant entity considers the scheme should not be a critical recycled water scheme.\n- (a) the reasons that the regulator made the declaration; and\n- (b) the stated reasons mentioned in subsection (2) (c) ; and\n- (c) the matters mentioned in section 301 ; and\n- (d) any other information the regulator considers relevant.","sortOrder":290},{"sectionNumber":"sec.307","sectionType":"section","heading":"Requirement to advise regulator about scheme manager","content":"### sec.307 Requirement to advise regulator about scheme manager\n\nThis section applies if the scheme manager for a multiple-entity recycled water scheme is not known when the scheme is declared to be a critical recycled water scheme.\nThe recycled water providers and other entities declared to be part of the scheme must, as soon as practicable after the declaration is made, give the regulator notice of who is the scheme manager.\n(sec.307-ssec.1) This section applies if the scheme manager for a multiple-entity recycled water scheme is not known when the scheme is declared to be a critical recycled water scheme.\n(sec.307-ssec.2) The recycled water providers and other entities declared to be part of the scheme must, as soon as practicable after the declaration is made, give the regulator notice of who is the scheme manager.","sortOrder":291},{"sectionNumber":"sec.308","sectionType":"section","heading":"Sections 308 –314 not used","content":"### sec.308 Sections 308 –314 not used\n\nSee editor’s note for section 1 .","sortOrder":292},{"sectionNumber":"ch.3-pt.9","sectionType":"part","heading":"Dispute resolution process for particular critical recycled water schemes","content":"# Dispute resolution process for particular critical recycled water schemes","sortOrder":293},{"sectionNumber":"sec.315","sectionType":"section","heading":"Definitions for pt 9","content":"### sec.315 Definitions for pt 9\n\nIn this part—\ndispute means an economic dispute or a non-economic dispute.\neconomic dispute means a dispute between any or all of the parties to a multiple-entity recycled water supply scheme about expenditure relating to the operation of the scheme, including, for example, expenses incurred in preparing recycled water management plans or in installing infrastructure to treat recycled water.\nnon-economic dispute means a dispute, other than an economic dispute, between any or all of the parties to a multiple-entity recycled water supply scheme about matters relating to the operation of the scheme, including, for example, matters relating to a change in water quality criteria for recycled water relevant to the scheme.\nparty , to a multiple-entity recycled water scheme, means the scheme manager, or a recycled water provider or other declared entity, for the scheme.","sortOrder":294},{"sectionNumber":"sec.316","sectionType":"section","heading":"Application of pt 9","content":"### sec.316 Application of pt 9\n\nThis part applies if—\nthere is a dispute between any or all of the parties to a multiple-entity recycled water scheme; and\nthere is an approved recycled water management plan for the scheme; and\na party to the dispute reasonably believes—\nthe dispute is unresolved; and\nthe dispute is likely to adversely affect public health or the continuity of operation of the scheme unless it is resolved.\ns 316 amd 2010 No. 53 s 226 ; 2014 No. 31 s 34\n- (a) there is a dispute between any or all of the parties to a multiple-entity recycled water scheme; and\n- (b) there is an approved recycled water management plan for the scheme; and\n- (c) a party to the dispute reasonably believes— (i) the dispute is unresolved; and (ii) the dispute is likely to adversely affect public health or the continuity of operation of the scheme unless it is resolved.\n- (i) the dispute is unresolved; and\n- (ii) the dispute is likely to adversely affect public health or the continuity of operation of the scheme unless it is resolved.\n- (i) the dispute is unresolved; and\n- (ii) the dispute is likely to adversely affect public health or the continuity of operation of the scheme unless it is resolved.","sortOrder":295},{"sectionNumber":"sec.317","sectionType":"section","heading":"Dispute resolution process","content":"### sec.317 Dispute resolution process\n\nTo resolve the dispute, the parties to the dispute must follow the process for resolving the dispute prescribed under a regulation.\nA regulation for subsection (1) may provide for the following matters—\nwhether the dispute must be dealt with under mediation or arbitration;\nthe appointment of a mediator or arbitrator to resolve the dispute;\nthe mediation or arbitration process required to be followed to resolve the dispute, including, for example, requirements about—\ngiving documents or other information to the mediator or arbitrator; and\npaying the costs of the mediation or arbitration.\nSubsection (2) does not limit the matters for which the regulation may provide.\nIf a contract between 2 or more parties to the dispute is inconsistent with a regulation under subsection (1) , the regulation prevails to the extent of the inconsistency.\n(sec.317-ssec.1) To resolve the dispute, the parties to the dispute must follow the process for resolving the dispute prescribed under a regulation.\n(sec.317-ssec.2) A regulation for subsection (1) may provide for the following matters— whether the dispute must be dealt with under mediation or arbitration; the appointment of a mediator or arbitrator to resolve the dispute; the mediation or arbitration process required to be followed to resolve the dispute, including, for example, requirements about— giving documents or other information to the mediator or arbitrator; and paying the costs of the mediation or arbitration.\n(sec.317-ssec.3) Subsection (2) does not limit the matters for which the regulation may provide.\n(sec.317-ssec.4) If a contract between 2 or more parties to the dispute is inconsistent with a regulation under subsection (1) , the regulation prevails to the extent of the inconsistency.\n- (a) whether the dispute must be dealt with under mediation or arbitration;\n- (b) the appointment of a mediator or arbitrator to resolve the dispute;\n- (c) the mediation or arbitration process required to be followed to resolve the dispute, including, for example, requirements about— (i) giving documents or other information to the mediator or arbitrator; and (ii) paying the costs of the mediation or arbitration.\n- (i) giving documents or other information to the mediator or arbitrator; and\n- (ii) paying the costs of the mediation or arbitration.\n- (i) giving documents or other information to the mediator or arbitrator; and\n- (ii) paying the costs of the mediation or arbitration.","sortOrder":296},{"sectionNumber":"ch.3-pt.9A","sectionType":"part","heading":null,"content":"","sortOrder":297},{"sectionNumber":"ch.3-pt.9A-div.1","sectionType":"division","heading":null,"content":"","sortOrder":298},{"sectionNumber":"sec.318","sectionType":"section","heading":null,"content":"### Section sec.318\n\ns 318 orig s 318 om 2010 No. 53 s 227\nprev s 318 ins 2010 No. 53 s 228\namd 2012 No. 39 s 97\nom 2014 No. 31 s 35","sortOrder":299},{"sectionNumber":"ch.3-pt.9A-div.2","sectionType":"division","heading":null,"content":"","sortOrder":300},{"sectionNumber":"sec.319","sectionType":"section","heading":null,"content":"### Section sec.319\n\ns 319 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":301},{"sectionNumber":"ch.3-pt.9A-div.3","sectionType":"division","heading":null,"content":"","sortOrder":302},{"sectionNumber":"sec.320","sectionType":"section","heading":null,"content":"### Section sec.320\n\ns 320 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":303},{"sectionNumber":"sec.321","sectionType":"section","heading":null,"content":"### Section sec.321\n\ns 321 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":304},{"sectionNumber":"sec.322","sectionType":"section","heading":null,"content":"### Section sec.322\n\ns 322 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":305},{"sectionNumber":"sec.323","sectionType":"section","heading":null,"content":"### Section sec.323\n\ns 323 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":306},{"sectionNumber":"sec.324","sectionType":"section","heading":null,"content":"### Section sec.324\n\ns 324 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":307},{"sectionNumber":"sec.325","sectionType":"section","heading":null,"content":"### Section sec.325\n\ns 325 ins 2010 No. 53 s 228\namd 2012 No. 16 s 78 sch\nom 2014 No. 31 s 35","sortOrder":308},{"sectionNumber":"sec.326","sectionType":"section","heading":null,"content":"### Section sec.326\n\ns 326 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":309},{"sectionNumber":"sec.327","sectionType":"section","heading":null,"content":"### Section sec.327\n\ns 327 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":310},{"sectionNumber":"sec.328","sectionType":"section","heading":null,"content":"### Section sec.328\n\ns 328 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":311},{"sectionNumber":"sec.329","sectionType":"section","heading":null,"content":"### Section sec.329\n\ns 329 ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":312},{"sectionNumber":"sec.329A","sectionType":"section","heading":null,"content":"### Section sec.329A\n\ns 329A ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":313},{"sectionNumber":"sec.329B","sectionType":"section","heading":null,"content":"### Section sec.329B\n\ns 329B ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":314},{"sectionNumber":"sec.329C","sectionType":"section","heading":null,"content":"### Section sec.329C\n\ns 329C ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":315},{"sectionNumber":"ch.3-pt.9A-div.4","sectionType":"division","heading":null,"content":"","sortOrder":316},{"sectionNumber":"sec.329D","sectionType":"section","heading":null,"content":"### Section sec.329D\n\ns 329D ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":317},{"sectionNumber":"sec.329E","sectionType":"section","heading":null,"content":"### Section sec.329E\n\ns 329E ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":318},{"sectionNumber":"sec.329F","sectionType":"section","heading":null,"content":"### Section sec.329F\n\ns 329F ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":319},{"sectionNumber":"sec.329G","sectionType":"section","heading":null,"content":"### Section sec.329G\n\ns 329G ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":320},{"sectionNumber":"ch.3-pt.9A-div.4A","sectionType":"division","heading":null,"content":"","sortOrder":321},{"sectionNumber":"sec.329GA","sectionType":"section","heading":null,"content":"### Section sec.329GA\n\ns 329GA ins 2011 No. 31 s 395\nom 2014 No. 31 s 35","sortOrder":322},{"sectionNumber":"sec.329GB","sectionType":"section","heading":null,"content":"### Section sec.329GB\n\ns 329GB ins 2011 No. 31 s 395\nom 2014 No. 31 s 35","sortOrder":323},{"sectionNumber":"sec.329GC","sectionType":"section","heading":null,"content":"### Section sec.329GC\n\ns 329GC ins 2011 No. 31 s 395\nom 2014 No. 31 s 35","sortOrder":324},{"sectionNumber":"ch.3-pt.9A-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":325},{"sectionNumber":"sec.329H","sectionType":"section","heading":null,"content":"### Section sec.329H\n\ns 329H ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":326},{"sectionNumber":"sec.329I","sectionType":"section","heading":null,"content":"### Section sec.329I\n\ns 329I ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":327},{"sectionNumber":"sec.329J","sectionType":"section","heading":null,"content":"### Section sec.329J\n\ns 329J ins 2010 No. 53 s 228\nom 2014 No. 31 s 35","sortOrder":328},{"sectionNumber":"ch.3-pt.10","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":329},{"sectionNumber":"sec.330","sectionType":"section","heading":"Notice to sewerage service provider","content":"### sec.330 Notice to sewerage service provider\n\nThis section applies if the regulator considers the discharge of trade waste or seepage water into the sewerage infrastructure of a sewerage service provider is likely to adversely affect the quality of recycled water supplied, or proposed to be supplied, under a recycled water scheme.\nThe regulator may give the sewerage service provider a notice (a regulator notice ) about the discharge of trade waste or seepage water into the sewerage infrastructure.\nThe notice may—\nprohibit the sewerage service provider from giving a trade waste approval or seepage water approval; or\nstate the conditions the sewerage service provider must impose on a trade waste approval or seepage water approval.\nWithout limiting subsection (3) (b) , the conditions may be about 1 or more of the following—\nthe maximum daily quantity of trade waste or seepage water that may be discharged;\nthe maximum permissible rate of the discharge;\nthe permissible limits for the quality of the trade waste or seepage water;\nwhether the waste or seepage water must be treated before being discharged.\nThe sewerage service provider must comply with the notice.\nMaximum penalty—1,665 penalty units.\ns 330 amd 2010 No. 20 s 144 ; 2011 No. 31 s 405\n(sec.330-ssec.1) This section applies if the regulator considers the discharge of trade waste or seepage water into the sewerage infrastructure of a sewerage service provider is likely to adversely affect the quality of recycled water supplied, or proposed to be supplied, under a recycled water scheme.\n(sec.330-ssec.2) The regulator may give the sewerage service provider a notice (a regulator notice ) about the discharge of trade waste or seepage water into the sewerage infrastructure.\n(sec.330-ssec.3) The notice may— prohibit the sewerage service provider from giving a trade waste approval or seepage water approval; or state the conditions the sewerage service provider must impose on a trade waste approval or seepage water approval.\n(sec.330-ssec.4) Without limiting subsection (3) (b) , the conditions may be about 1 or more of the following— the maximum daily quantity of trade waste or seepage water that may be discharged; the maximum permissible rate of the discharge; the permissible limits for the quality of the trade waste or seepage water; whether the waste or seepage water must be treated before being discharged.\n(sec.330-ssec.5) The sewerage service provider must comply with the notice. Maximum penalty—1,665 penalty units.\n- (a) prohibit the sewerage service provider from giving a trade waste approval or seepage water approval; or\n- (b) state the conditions the sewerage service provider must impose on a trade waste approval or seepage water approval.\n- (a) the maximum daily quantity of trade waste or seepage water that may be discharged;\n- (b) the maximum permissible rate of the discharge;\n- (c) the permissible limits for the quality of the trade waste or seepage water;\n- (d) whether the waste or seepage water must be treated before being discharged.","sortOrder":330},{"sectionNumber":"sec.331","sectionType":"section","heading":"Report about compliance with notice","content":"### sec.331 Report about compliance with notice\n\nThe regulator may, by notice given to a sewerage service provider, require the provider to give the regulator a report about the actions taken by the provider to comply with a regulator notice.\nThe sewerage service provider must give the report mentioned in subsection (1) to the regulator within the reasonable period stated in the notice given under subsection (1) , and must include in the report the information reasonably required by the regulator.\nMaximum penalty—1,000 penalty units.\ns 331 amd 2010 No. 20 s 145 ; 2011 No. 31 s 406\n(sec.331-ssec.1) The regulator may, by notice given to a sewerage service provider, require the provider to give the regulator a report about the actions taken by the provider to comply with a regulator notice.\n(sec.331-ssec.2) The sewerage service provider must give the report mentioned in subsection (1) to the regulator within the reasonable period stated in the notice given under subsection (1) , and must include in the report the information reasonably required by the regulator. Maximum penalty—1,000 penalty units.","sortOrder":331},{"sectionNumber":"sec.332","sectionType":"section","heading":"Particular requirement about production or supply of recycled water","content":"### sec.332 Particular requirement about production or supply of recycled water\n\nA recycled water provider must ensure that there are persons engaged in the production or supply of recycled water by the provider who have the qualifications or experience prescribed under a regulation for section 586 (2) (d) (ii) .\nMaximum penalty—1,665 penalty units.","sortOrder":332},{"sectionNumber":"sec.333","sectionType":"section","heading":"Requirement for certain entities to give information to scheme manager","content":"### sec.333 Requirement for certain entities to give information to scheme manager\n\nThis section applies for a multiple-entity recycled water scheme.\nThe scheme manager may, by notice, require a recycled water provider or other declared entity for the scheme to give the scheme manager, within a stated reasonable period, information the scheme manager reasonably requires to comply with the scheme manager’s obligations under this Act.\nWhen making the requirement, the scheme manager must warn the recycled water provider or other declared entity it is an offence to fail to comply with the requirement unless the provider or entity has a reasonable excuse.\nThe recycled water provider, or the other declared entity, must comply with the requirement unless the provider or entity has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf the recycled water provider, or the other declared entity, is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the provider or entity.\ns 333 sub 2010 No. 20 s 146\n(sec.333-ssec.1) This section applies for a multiple-entity recycled water scheme.\n(sec.333-ssec.2) The scheme manager may, by notice, require a recycled water provider or other declared entity for the scheme to give the scheme manager, within a stated reasonable period, information the scheme manager reasonably requires to comply with the scheme manager’s obligations under this Act.\n(sec.333-ssec.3) When making the requirement, the scheme manager must warn the recycled water provider or other declared entity it is an offence to fail to comply with the requirement unless the provider or entity has a reasonable excuse.\n(sec.333-ssec.4) The recycled water provider, or the other declared entity, must comply with the requirement unless the provider or entity has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.333-ssec.5) If the recycled water provider, or the other declared entity, is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the provider or entity.","sortOrder":333},{"sectionNumber":"sec.334","sectionType":"section","heading":"Sections 334 –339 not used","content":"### sec.334 Sections 334 –339 not used\n\nSee editor’s note for section 1 .\ns 334 ins 2010 No. 20 s 146","sortOrder":334},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Referable dams","content":"# Referable dams","sortOrder":335},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":336},{"sectionNumber":"sec.340","sectionType":"section","heading":"Ch 4 does not apply to particular dams","content":"### sec.340 Ch 4 does not apply to particular dams\n\nThis chapter does not apply to—\na hazardous waste dam; or\na weir that does not have a variable flow control structure on the crest of the weir.\ns 340 sub 2010 No. 20 s 147\namd 2013 No. 23 s 352 sch 1 pt 1\n- (a) a hazardous waste dam; or\n- (b) a weir that does not have a variable flow control structure on the crest of the weir.","sortOrder":337},{"sectionNumber":"sec.341","sectionType":"section","heading":"What is a referable dam","content":"### sec.341 What is a referable dam\n\nA dam is, or a proposed dam after its construction will be, a referable dam if—\na failure impact assessment of the dam, or the proposed dam, is carried out under this part; and\nthe assessment states the dam has, or the proposed dam after its construction will have, a category 1 or category 2 failure impact rating; and\nthe chief executive has, under section 349 , accepted the assessment.\nAlso, a dam is a referable dam if—\nunder section 342B , the dam becomes a referable dam; and\nthe chief executive has not, under section 349 , accepted a failure impact assessment of the dam.\nThe following are not referable dams—\na hazardous waste dam;\na weir, unless the weir has a variable flow control structure on the crest of the weir.\nFor particular dams that are taken to be referable dams under this section, see section 611 .\ns 341 amd 2010 No. 20 s 148 ; 2017 No. 11 s 7\n(sec.341-ssec.1) A dam is, or a proposed dam after its construction will be, a referable dam if— a failure impact assessment of the dam, or the proposed dam, is carried out under this part; and the assessment states the dam has, or the proposed dam after its construction will have, a category 1 or category 2 failure impact rating; and the chief executive has, under section 349 , accepted the assessment.\n(sec.341-ssec.2) Also, a dam is a referable dam if— under section 342B , the dam becomes a referable dam; and the chief executive has not, under section 349 , accepted a failure impact assessment of the dam.\n(sec.341-ssec.3) The following are not referable dams— a hazardous waste dam; a weir, unless the weir has a variable flow control structure on the crest of the weir. For particular dams that are taken to be referable dams under this section, see section 611 .\n- (a) a failure impact assessment of the dam, or the proposed dam, is carried out under this part; and\n- (b) the assessment states the dam has, or the proposed dam after its construction will have, a category 1 or category 2 failure impact rating; and\n- (c) the chief executive has, under section 349 , accepted the assessment.\n- (a) under section 342B , the dam becomes a referable dam; and\n- (b) the chief executive has not, under section 349 , accepted a failure impact assessment of the dam.\n- (a) a hazardous waste dam;\n- (b) a weir, unless the weir has a variable flow control structure on the crest of the weir.","sortOrder":338},{"sectionNumber":"sec.342","sectionType":"section","heading":"What is failure impact assessment","content":"### sec.342 What is failure impact assessment\n\nA failure impact assessment is an assessment certified under this part about the safety of a dam, or a proposed dam—\nby a registered professional engineer who is not, for the dam, or the proposed dam—\nthe owner; or\nan employee of the owner; or\nthe operator; or\nan employee of the operator; and\nin accordance with the guidelines, made by the chief executive, for failure impact assessment of water dams (the failure impact assessment guidelines ).\nThe certification must include the engineer’s name and registration details.\n(sec.342-ssec.1) A failure impact assessment is an assessment certified under this part about the safety of a dam, or a proposed dam— by a registered professional engineer who is not, for the dam, or the proposed dam— the owner; or an employee of the owner; or the operator; or an employee of the operator; and in accordance with the guidelines, made by the chief executive, for failure impact assessment of water dams (the failure impact assessment guidelines ).\n(sec.342-ssec.2) The certification must include the engineer’s name and registration details.\n- (a) by a registered professional engineer who is not, for the dam, or the proposed dam— (i) the owner; or (ii) an employee of the owner; or (iii) the operator; or (iv) an employee of the operator; and\n- (i) the owner; or\n- (ii) an employee of the owner; or\n- (iii) the operator; or\n- (iv) an employee of the operator; and\n- (b) in accordance with the guidelines, made by the chief executive, for failure impact assessment of water dams (the failure impact assessment guidelines ).\n- (i) the owner; or\n- (ii) an employee of the owner; or\n- (iii) the operator; or\n- (iv) an employee of the operator; and","sortOrder":339},{"sectionNumber":"ch.4-pt.1-div.1A","sectionType":"division","heading":"Referable dam notices","content":"## Referable dam notices","sortOrder":340},{"sectionNumber":"sec.342A","sectionType":"section","heading":"Chief executive may give referable dam notice to particular dam owners","content":"### sec.342A Chief executive may give referable dam notice to particular dam owners\n\nThis section applies if the chief executive reasonably believes a dam would, if it were failure impact assessed, have a category 1 or category 2 failure impact rating.\nThe chief executive may give the owner of the dam a notice (a referable dam notice ) stating—\nthe failure impact rating the chief executive believes the dam would have if it were failure impact assessed; and\nthe reasons for the belief; and\nthat the dam will be a referable dam with the stated failure impact rating on and from a stated day (the effective day ), unless the owner gives the chief executive a failure impact assessment for the dam; and\nthat if a failure impact assessment for the dam is not given to the chief executive before the effective day, the owner must have the dam failure impact assessed within a stated period of at least 5 years after the effective day; and\nany safety conditions the chief executive proposes to apply to the dam under division 3 .\nThe effective day must be at least 60 business days after the notice is given.\nThe referable dam notice must include or be accompanied by an information notice for the decision to give the notice.\nThis section does not apply to a dam that must be failure impact assessed under section 343 .\ns 342A ins 2017 No. 11 s 8\n(sec.342A-ssec.1) This section applies if the chief executive reasonably believes a dam would, if it were failure impact assessed, have a category 1 or category 2 failure impact rating.\n(sec.342A-ssec.2) The chief executive may give the owner of the dam a notice (a referable dam notice ) stating— the failure impact rating the chief executive believes the dam would have if it were failure impact assessed; and the reasons for the belief; and that the dam will be a referable dam with the stated failure impact rating on and from a stated day (the effective day ), unless the owner gives the chief executive a failure impact assessment for the dam; and that if a failure impact assessment for the dam is not given to the chief executive before the effective day, the owner must have the dam failure impact assessed within a stated period of at least 5 years after the effective day; and any safety conditions the chief executive proposes to apply to the dam under division 3 .\n(sec.342A-ssec.3) The effective day must be at least 60 business days after the notice is given.\n(sec.342A-ssec.4) The referable dam notice must include or be accompanied by an information notice for the decision to give the notice.\n(sec.342A-ssec.5) This section does not apply to a dam that must be failure impact assessed under section 343 .\n- (a) the failure impact rating the chief executive believes the dam would have if it were failure impact assessed; and\n- (b) the reasons for the belief; and\n- (c) that the dam will be a referable dam with the stated failure impact rating on and from a stated day (the effective day ), unless the owner gives the chief executive a failure impact assessment for the dam; and\n- (d) that if a failure impact assessment for the dam is not given to the chief executive before the effective day, the owner must have the dam failure impact assessed within a stated period of at least 5 years after the effective day; and\n- (e) any safety conditions the chief executive proposes to apply to the dam under division 3 .","sortOrder":341},{"sectionNumber":"sec.342B","sectionType":"section","heading":"Effect of referable dam notice if dam is not failure impact assessed","content":"### sec.342B Effect of referable dam notice if dam is not failure impact assessed\n\nThis section applies if the owner of a dam is given a referable dam notice and, before the effective day for the notice, does not give the chief executive a failure impact assessment for the dam.\nThe dam becomes a referable dam with the failure impact rating stated in the notice on the effective day.\ns 342B ins 2017 No. 11 s 8\n(sec.342B-ssec.1) This section applies if the owner of a dam is given a referable dam notice and, before the effective day for the notice, does not give the chief executive a failure impact assessment for the dam.\n(sec.342B-ssec.2) The dam becomes a referable dam with the failure impact rating stated in the notice on the effective day.","sortOrder":342},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Failure impact assessing dams","content":"## Failure impact assessing dams","sortOrder":343},{"sectionNumber":"sec.343","sectionType":"section","heading":"When dam must be failure impact assessed","content":"### sec.343 When dam must be failure impact assessed\n\nA person who proposes to construct a dam must have the dam failure impact assessed if the dam, after its construction, will be—\nmore than 10m in height and have a storage capacity of more than 1,500ML; or\nmore than 10m in height and have a storage capacity of more than 750ML and a catchment area that is more than 3 times its maximum surface area at full supply level.\nMaximum penalty—1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\nThe owner of a dam that is not a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the dam will meet the criteria stated in subsection (1) (a) or (b) after the works are carried out.\nMaximum penalty—1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\nThe owner of a dam that is not a referable dam but meets the criteria stated in subsection (1) (a) or (b) must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out.\nMaximum penalty—1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\nThe owner of a dam that is a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out.\nMaximum penalty—1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\nAlso, the chief executive may give the owner of any existing dam or any dam being constructed (whether or not the dam meets or will meet the criteria stated in subsection (1) (a) or (b) ) a notice to have the dam failure impact assessed.\nThe chief executive may give the notice only if the chief executive reasonably believes the dam, or the dam after its construction, would have a category 1 or category 2 failure impact rating.\nIn this section—\nheight , for a dam, means the measurement of the difference in level between the natural bed of the watercourse at the downstream toe of the barrier or, if the barrier is not across a watercourse, between the lowest elevation of the outside limit of the barrier of the dam and the top of the barrier.\ntop of the barrier , of a dam, means the level of the top of the barrier of the dam exclusive of any parapet or ancillary structure or, if the barrier includes a spillway, the level of the top of the abutment walls adjoining the spillway of the dam exclusive of any parapet or ancillary structure.\ns 343 amd 2010 No. 20 s 149 ; 2012 No. 29 s 27 ; 2013 No. 51 s 229 sch 1\n(sec.343-ssec.1) A person who proposes to construct a dam must have the dam failure impact assessed if the dam, after its construction, will be— more than 10m in height and have a storage capacity of more than 1,500ML; or more than 10m in height and have a storage capacity of more than 750ML and a catchment area that is more than 3 times its maximum surface area at full supply level. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 .\n(sec.343-ssec.2) The owner of a dam that is not a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the dam will meet the criteria stated in subsection (1) (a) or (b) after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 .\n(sec.343-ssec.3) The owner of a dam that is not a referable dam but meets the criteria stated in subsection (1) (a) or (b) must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 .\n(sec.343-ssec.4) The owner of a dam that is a referable dam must have the dam failure impact assessed if, because of any works proposed to be carried out in relation to the dam, the storage capacity of the dam will increase by more than 10% after the works are carried out. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 .\n(sec.343-ssec.5) Also, the chief executive may give the owner of any existing dam or any dam being constructed (whether or not the dam meets or will meet the criteria stated in subsection (1) (a) or (b) ) a notice to have the dam failure impact assessed.\n(sec.343-ssec.6) The chief executive may give the notice only if the chief executive reasonably believes the dam, or the dam after its construction, would have a category 1 or category 2 failure impact rating.\n(sec.343-ssec.7) In this section— height , for a dam, means the measurement of the difference in level between the natural bed of the watercourse at the downstream toe of the barrier or, if the barrier is not across a watercourse, between the lowest elevation of the outside limit of the barrier of the dam and the top of the barrier. top of the barrier , of a dam, means the level of the top of the barrier of the dam exclusive of any parapet or ancillary structure or, if the barrier includes a spillway, the level of the top of the abutment walls adjoining the spillway of the dam exclusive of any parapet or ancillary structure.\n- (a) more than 10m in height and have a storage capacity of more than 1,500ML; or\n- (b) more than 10m in height and have a storage capacity of more than 750ML and a catchment area that is more than 3 times its maximum surface area at full supply level.","sortOrder":344},{"sectionNumber":"sec.344","sectionType":"section","heading":"Requirements for giving failure impact assessment to chief executive","content":"### sec.344 Requirements for giving failure impact assessment to chief executive\n\nA person required under section 343 (1) , (2) , (3) or (4) to have a dam failure impact assessed must ensure the assessment is completed, and accepted by the chief executive under section 349 , before construction of the dam or the carrying out of the works begins.\nMaximum penalty—1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\nA person required under section 343 (5) to have a dam failure impact assessed must ensure the assessment is completed and given to the chief executive within the reasonable period stated in the notice.\nMaximum penalty—1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\nA failure impact assessment given to the chief executive under this part must be accompanied by the prescribed fee.\ns 344 amd 2010 No. 20 s 150 ; 2013 No. 51 s 229 sch 1 ; 2017 No. 11 s 9\n(sec.344-ssec.1) A person required under section 343 (1) , (2) , (3) or (4) to have a dam failure impact assessed must ensure the assessment is completed, and accepted by the chief executive under section 349 , before construction of the dam or the carrying out of the works begins. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 .\n(sec.344-ssec.2) A person required under section 343 (5) to have a dam failure impact assessed must ensure the assessment is completed and given to the chief executive within the reasonable period stated in the notice. Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 .\n(sec.344-ssec.3) A failure impact assessment given to the chief executive under this part must be accompanied by the prescribed fee.","sortOrder":345},{"sectionNumber":"sec.345","sectionType":"section","heading":"Obligation to complete later failure impact assessment","content":"### sec.345 Obligation to complete later failure impact assessment\n\nThis section applies if—\nthe owner of a dam is given a referable dam notice for the dam and, before the effective day for the notice, the owner does not give the chief executive a failure impact assessment for the dam; or\na dam has been failure impact assessed under this part, including under subsection (2) .\nThe owner must—\nif subsection (1) (a) applies—ensure a failure impact assessment of the dam is completed and given to the chief executive within the period stated in the referable dam notice under section 342A (2) (d) ; or\notherwise—ensure another failure impact assessment of the dam is completed and given to the chief executive within the period stated in the notice given to the owner under section 350 .\nMaximum penalty—1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\ns 345 amd 2010 No. 20 s 151 ; 2013 No. 51 s 229 sch 1\nsub 2017 No. 11 s 10\n(sec.345-ssec.1) This section applies if— the owner of a dam is given a referable dam notice for the dam and, before the effective day for the notice, the owner does not give the chief executive a failure impact assessment for the dam; or a dam has been failure impact assessed under this part, including under subsection (2) .\n(sec.345-ssec.2) The owner must— if subsection (1) (a) applies—ensure a failure impact assessment of the dam is completed and given to the chief executive within the period stated in the referable dam notice under section 342A (2) (d) ; or otherwise—ensure another failure impact assessment of the dam is completed and given to the chief executive within the period stated in the notice given to the owner under section 350 . Maximum penalty—1,665 penalty units. This provision is an executive liability provision—see section 487 .\n- (a) the owner of a dam is given a referable dam notice for the dam and, before the effective day for the notice, the owner does not give the chief executive a failure impact assessment for the dam; or\n- (b) a dam has been failure impact assessed under this part, including under subsection (2) .\n- (a) if subsection (1) (a) applies—ensure a failure impact assessment of the dam is completed and given to the chief executive within the period stated in the referable dam notice under section 342A (2) (d) ; or\n- (b) otherwise—ensure another failure impact assessment of the dam is completed and given to the chief executive within the period stated in the notice given to the owner under section 350 .","sortOrder":346},{"sectionNumber":"sec.346","sectionType":"section","heading":"Failure impact ratings for dams","content":"### sec.346 Failure impact ratings for dams\n\nA dam has, or a proposed dam after its construction will have, a category 1 failure impact rating if—\na failure impact assessment for the dam states that the population at risk is 2 or more persons but not more than 100 persons; and\nthe chief executive, under section 349 , accepts the failure impact assessment.\nA dam has, or a proposed dam after its construction will have, a category 2 failure impact rating if—\na failure impact assessment for the dam states that the population at risk is more than 100 persons; and\nthe chief executive, under section 349 , accepts the failure impact assessment.\nIn this section—\npopulation at risk —\nmeans the number of persons, worked out under the failure impact assessment guidelines, whose safety will be at risk if the dam or the proposed dam after its construction fails; but\ndoes not include—\na resident on the parcel of land on which the dam is situated; or\nif the dam is situated at a workplace under the Work Health and Safety Act 2011 — a person at the workplace; or\nif the dam is situated at a place that is a mine under the Mining and Quarrying Safety and Health Act 1999 or coal mine under the Coal Mining Safety and Health Act 1999 —a person at the mine or coal mine.\ns 346 sub 2017 No. 11 s 11\n(sec.346-ssec.1) A dam has, or a proposed dam after its construction will have, a category 1 failure impact rating if— a failure impact assessment for the dam states that the population at risk is 2 or more persons but not more than 100 persons; and the chief executive, under section 349 , accepts the failure impact assessment.\n(sec.346-ssec.2) A dam has, or a proposed dam after its construction will have, a category 2 failure impact rating if— a failure impact assessment for the dam states that the population at risk is more than 100 persons; and the chief executive, under section 349 , accepts the failure impact assessment.\n(sec.346-ssec.3) In this section— population at risk — means the number of persons, worked out under the failure impact assessment guidelines, whose safety will be at risk if the dam or the proposed dam after its construction fails; but does not include— a resident on the parcel of land on which the dam is situated; or if the dam is situated at a workplace under the Work Health and Safety Act 2011 — a person at the workplace; or if the dam is situated at a place that is a mine under the Mining and Quarrying Safety and Health Act 1999 or coal mine under the Coal Mining Safety and Health Act 1999 —a person at the mine or coal mine.\n- (a) a failure impact assessment for the dam states that the population at risk is 2 or more persons but not more than 100 persons; and\n- (b) the chief executive, under section 349 , accepts the failure impact assessment.\n- (a) a failure impact assessment for the dam states that the population at risk is more than 100 persons; and\n- (b) the chief executive, under section 349 , accepts the failure impact assessment.\n- (a) means the number of persons, worked out under the failure impact assessment guidelines, whose safety will be at risk if the dam or the proposed dam after its construction fails; but\n- (b) does not include— (i) a resident on the parcel of land on which the dam is situated; or (ii) if the dam is situated at a workplace under the Work Health and Safety Act 2011 — a person at the workplace; or (iii) if the dam is situated at a place that is a mine under the Mining and Quarrying Safety and Health Act 1999 or coal mine under the Coal Mining Safety and Health Act 1999 —a person at the mine or coal mine.\n- (i) a resident on the parcel of land on which the dam is situated; or\n- (ii) if the dam is situated at a workplace under the Work Health and Safety Act 2011 — a person at the workplace; or\n- (iii) if the dam is situated at a place that is a mine under the Mining and Quarrying Safety and Health Act 1999 or coal mine under the Coal Mining Safety and Health Act 1999 —a person at the mine or coal mine.\n- (i) a resident on the parcel of land on which the dam is situated; or\n- (ii) if the dam is situated at a workplace under the Work Health and Safety Act 2011 — a person at the workplace; or\n- (iii) if the dam is situated at a place that is a mine under the Mining and Quarrying Safety and Health Act 1999 or coal mine under the Coal Mining Safety and Health Act 1999 —a person at the mine or coal mine.","sortOrder":347},{"sectionNumber":"sec.347","sectionType":"section","heading":"Offences about failure impact assessments","content":"### sec.347 Offences about failure impact assessments\n\nA person must not certify a failure impact assessment containing information the person knows is false or misleading.\nMaximum penalty—1,665 penalty units.\nA person must not give another person who is certifying a failure impact assessment information the person knows—\nthe other person will rely on when certifying the failure impact assessment; and\nis false or misleading.\nMaximum penalty—1,665 penalty units.\nIt is enough for a complaint for an offence against subsection (1) or (2) to state the assessment or information given to the person certifying the assessment was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.\n(sec.347-ssec.1) A person must not certify a failure impact assessment containing information the person knows is false or misleading. Maximum penalty—1,665 penalty units.\n(sec.347-ssec.2) A person must not give another person who is certifying a failure impact assessment information the person knows— the other person will rely on when certifying the failure impact assessment; and is false or misleading. Maximum penalty—1,665 penalty units.\n(sec.347-ssec.3) It is enough for a complaint for an offence against subsection (1) or (2) to state the assessment or information given to the person certifying the assessment was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.\n- (a) the other person will rely on when certifying the failure impact assessment; and\n- (b) is false or misleading.","sortOrder":348},{"sectionNumber":"sec.348","sectionType":"section","heading":"Cost of failure impact assessment","content":"### sec.348 Cost of failure impact assessment\n\nFor a failure impact assessment required under section 343 (1) , (2) , (3) or (4) , the owner of the dam must pay the cost of preparing and certifying the failure impact assessment.\nFor a failure impact assessment required under section 343 (5) or carried out by an owner of a dam for which a referable dam notice is given—\nthe chief executive must pay the reasonable cost of preparing and certifying the assessment if—\nthe chief executive accepts the assessment; and\nthe dam, or the proposed dam, is assessed as having neither a category 1 nor a category 2 failure impact rating; and\nfor a failure impact assessment required under section 343 (5) —the dam, or the proposed dam, does not meet the criteria stated in section 343 (1) (a) or (b) ; or\notherwise, the owner of the dam must pay the cost of preparing and certifying the assessment.\nFor subsections (1) and (2) , the cost of preparing and certifying the assessment includes the cost of any review of the assessment under section 351 .\ns 348 amd 2010 No. 20 s 152 ; 2017 No. 11 s 12\n(sec.348-ssec.1) For a failure impact assessment required under section 343 (1) , (2) , (3) or (4) , the owner of the dam must pay the cost of preparing and certifying the failure impact assessment.\n(sec.348-ssec.2) For a failure impact assessment required under section 343 (5) or carried out by an owner of a dam for which a referable dam notice is given— the chief executive must pay the reasonable cost of preparing and certifying the assessment if— the chief executive accepts the assessment; and the dam, or the proposed dam, is assessed as having neither a category 1 nor a category 2 failure impact rating; and for a failure impact assessment required under section 343 (5) —the dam, or the proposed dam, does not meet the criteria stated in section 343 (1) (a) or (b) ; or otherwise, the owner of the dam must pay the cost of preparing and certifying the assessment.\n(sec.348-ssec.3) For subsections (1) and (2) , the cost of preparing and certifying the assessment includes the cost of any review of the assessment under section 351 .\n- (a) the chief executive must pay the reasonable cost of preparing and certifying the assessment if— (i) the chief executive accepts the assessment; and (ii) the dam, or the proposed dam, is assessed as having neither a category 1 nor a category 2 failure impact rating; and (iii) for a failure impact assessment required under section 343 (5) —the dam, or the proposed dam, does not meet the criteria stated in section 343 (1) (a) or (b) ; or\n- (i) the chief executive accepts the assessment; and\n- (ii) the dam, or the proposed dam, is assessed as having neither a category 1 nor a category 2 failure impact rating; and\n- (iii) for a failure impact assessment required under section 343 (5) —the dam, or the proposed dam, does not meet the criteria stated in section 343 (1) (a) or (b) ; or\n- (b) otherwise, the owner of the dam must pay the cost of preparing and certifying the assessment.\n- (i) the chief executive accepts the assessment; and\n- (ii) the dam, or the proposed dam, is assessed as having neither a category 1 nor a category 2 failure impact rating; and\n- (iii) for a failure impact assessment required under section 343 (5) —the dam, or the proposed dam, does not meet the criteria stated in section 343 (1) (a) or (b) ; or","sortOrder":349},{"sectionNumber":"sec.349","sectionType":"section","heading":"Decision about failure impact assessment","content":"### sec.349 Decision about failure impact assessment\n\nThe chief executive may decide to accept, reject or require a review of a failure impact assessment.\nHowever, before requiring a review of, or rejecting, the assessment, the chief executive may require the owner to give additional information about the assessment to assist the chief executive in deciding if the review or rejection is necessary.\nWithout limiting subsection (2) , the chief executive may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.\n(sec.349-ssec.1) The chief executive may decide to accept, reject or require a review of a failure impact assessment.\n(sec.349-ssec.2) However, before requiring a review of, or rejecting, the assessment, the chief executive may require the owner to give additional information about the assessment to assist the chief executive in deciding if the review or rejection is necessary.\n(sec.349-ssec.3) Without limiting subsection (2) , the chief executive may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.","sortOrder":350},{"sectionNumber":"sec.350","sectionType":"section","heading":"Notice accepting failure impact assessment","content":"### sec.350 Notice accepting failure impact assessment\n\nIf the chief executive accepts a failure impact assessment, the chief executive must give notice of the acceptance to the owner of the dam within 30 business days after the acceptance.\nThe notice must also state the period, of at least 5 years from the day the chief executive accepted the assessment, within which the owner must ensure another failure impact assessment of the dam is completed and given to the chief executive.\nHowever, the chief executive can not state a period for a further failure impact assessment of—\na dam given a category 2 failure impact rating under the failure impact assessment accepted under subsection (1) ; or\na dam that—\ndoes not meet the criteria stated in section 343 (1) (a) or (b) ; and\nwas not given a category 1 or category 2 failure impact rating under the failure impact assessment accepted under subsection (1) .\nIn deciding the period for subsection (2) , the chief executive must have regard to—\nthe failure impact assessment accepted by the chief executive under subsection (1) ; and\nthe nature and location of the dam.\ns 350 amd 2010 No. 20 s 153\n(sec.350-ssec.1) If the chief executive accepts a failure impact assessment, the chief executive must give notice of the acceptance to the owner of the dam within 30 business days after the acceptance.\n(sec.350-ssec.2) The notice must also state the period, of at least 5 years from the day the chief executive accepted the assessment, within which the owner must ensure another failure impact assessment of the dam is completed and given to the chief executive.\n(sec.350-ssec.3) However, the chief executive can not state a period for a further failure impact assessment of— a dam given a category 2 failure impact rating under the failure impact assessment accepted under subsection (1) ; or a dam that— does not meet the criteria stated in section 343 (1) (a) or (b) ; and was not given a category 1 or category 2 failure impact rating under the failure impact assessment accepted under subsection (1) .\n(sec.350-ssec.4) In deciding the period for subsection (2) , the chief executive must have regard to— the failure impact assessment accepted by the chief executive under subsection (1) ; and the nature and location of the dam.\n- (a) a dam given a category 2 failure impact rating under the failure impact assessment accepted under subsection (1) ; or\n- (b) a dam that— (i) does not meet the criteria stated in section 343 (1) (a) or (b) ; and (ii) was not given a category 1 or category 2 failure impact rating under the failure impact assessment accepted under subsection (1) .\n- (i) does not meet the criteria stated in section 343 (1) (a) or (b) ; and\n- (ii) was not given a category 1 or category 2 failure impact rating under the failure impact assessment accepted under subsection (1) .\n- (i) does not meet the criteria stated in section 343 (1) (a) or (b) ; and\n- (ii) was not given a category 1 or category 2 failure impact rating under the failure impact assessment accepted under subsection (1) .\n- (a) the failure impact assessment accepted by the chief executive under subsection (1) ; and\n- (b) the nature and location of the dam.","sortOrder":351},{"sectionNumber":"sec.351","sectionType":"section","heading":"Reviewing failure impact assessment","content":"### sec.351 Reviewing failure impact assessment\n\nThis section applies if the chief executive is satisfied a failure impact assessment is—\nincorrect in a material particular; or\nincomplete in a material particular; or\nnot completed in accordance with the failure impact assessment guidelines.\nThe chief executive must, within 30 business days after being satisfied under subsection (1) —\ngive the owner of the dam an information notice; and\nreturn the assessment to the owner.\nThe information notice must require the owner to—\nhave the assessment reviewed, corrected or completed and recertified; and\nreturn the recertified assessment to the chief executive for a decision under section 349 by the day stated in the notice.\nThe owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty for subsection (4) —1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\ns 351 amd 2013 No. 51 s 229 sch 1\n(sec.351-ssec.1) This section applies if the chief executive is satisfied a failure impact assessment is— incorrect in a material particular; or incomplete in a material particular; or not completed in accordance with the failure impact assessment guidelines.\n(sec.351-ssec.2) The chief executive must, within 30 business days after being satisfied under subsection (1) — give the owner of the dam an information notice; and return the assessment to the owner.\n(sec.351-ssec.3) The information notice must require the owner to— have the assessment reviewed, corrected or completed and recertified; and return the recertified assessment to the chief executive for a decision under section 349 by the day stated in the notice.\n(sec.351-ssec.4) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty for subsection (4) —1,665 penalty units. This provision is an executive liability provision—see section 487 .\n- (a) incorrect in a material particular; or\n- (b) incomplete in a material particular; or\n- (c) not completed in accordance with the failure impact assessment guidelines.\n- (a) give the owner of the dam an information notice; and\n- (b) return the assessment to the owner.\n- (a) have the assessment reviewed, corrected or completed and recertified; and\n- (b) return the recertified assessment to the chief executive for a decision under section 349 by the day stated in the notice.","sortOrder":352},{"sectionNumber":"sec.352","sectionType":"section","heading":"Rejecting failure impact assessment","content":"### sec.352 Rejecting failure impact assessment\n\nThe chief executive may reject a failure impact assessment or a recertified assessment if the assessment or recertified assessment is incorrect or incomplete in a material particular or not completed in accordance with the failure impact assessment guidelines.\nIf the chief executive rejects the assessment or the recertified assessment, the chief executive must, within 30 business days after the rejection, give the owner of the dam an information notice.\nIf the assessment relates to an existing dam, the information notice must require the owner to—\nhave a new assessment completed and certified; and\ngive the certified assessment to the chief executive for a decision under section 349 within the reasonable period stated in the notice.\nThe owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty for subsection (4) —1,665 penalty units.\nThis provision is an executive liability provision—see section 487 .\ns 352 amd 2013 No. 51 s 229 sch 1\n(sec.352-ssec.1) The chief executive may reject a failure impact assessment or a recertified assessment if the assessment or recertified assessment is incorrect or incomplete in a material particular or not completed in accordance with the failure impact assessment guidelines.\n(sec.352-ssec.2) If the chief executive rejects the assessment or the recertified assessment, the chief executive must, within 30 business days after the rejection, give the owner of the dam an information notice.\n(sec.352-ssec.3) If the assessment relates to an existing dam, the information notice must require the owner to— have a new assessment completed and certified; and give the certified assessment to the chief executive for a decision under section 349 within the reasonable period stated in the notice.\n(sec.352-ssec.4) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty for subsection (4) —1,665 penalty units. This provision is an executive liability provision—see section 487 .\n- (a) have a new assessment completed and certified; and\n- (b) give the certified assessment to the chief executive for a decision under section 349 within the reasonable period stated in the notice.","sortOrder":353},{"sectionNumber":"ch.4-pt.1-div.2A","sectionType":"division","heading":"Emergency action planning and reporting","content":"## Emergency action planning and reporting","sortOrder":354},{"sectionNumber":"sec.352A","sectionType":"section","heading":"Definitions for division","content":"### sec.352A Definitions for division\n\nIn this division—\napproval period see section 352K (7) .\ns 352A def approval period amd 2017 No. 11 s 13 (4)\napproved emergency action plan means an emergency action plan that is approved under section 352I (1) (a) or taken to be an approved emergency action plan under section 352Q (2) .\nchairperson means—\nfor a district group—the chairperson of the group under the Disaster Management Act; or\nfor a local group—the chairperson of the group under the Disaster Management Act.\ns 352A def chairperson amd 2017 No. 11 s 13 (5)\ndam failure hazard ...\ns 352A def dam failure hazard om 2017 No. 11 s 13 (2)\ndam hazard , for a dam, means a reasonably foreseeable situation or condition that may—\ncause or contribute to the failure of the dam, if the failure may cause harm to persons or property; or\nrequire an automatic or controlled release of water from the dam, if the release of the water may cause harm to persons or property.\ns 352A def dam hazard ins 2017 No. 11 s 13 (3)\ndam hazard event , for a dam, means an event arising from a dam hazard if—\npersons or property may be harmed because of the event; and\na coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity is unlikely to be required to respond to the event; and\nthe event is not an emergency event.\ns 352A def dam hazard event ins 2017 No. 11 s 13 (3)\ndisaster district see the Disaster Management Act , schedule.\ndisaster management plan , of a district group or local government, means the group’s or local government’s disaster management plan under the Disaster Management Act .\ns 352A def disaster management plan sub 2017 No. 11 s 13 (2) – (3)\ndisaster management review report ...\ns 352A def disaster management review report om 2017 No. 11 s 13 (2)\ndisaster management review response ...\ns 352A def disaster management review response om 2017 No. 11 s 13 (2)\ndistrict group , for an emergency action plan, means a district group established under the Disaster Management Act , section 22 whose disaster district under that Act could, under the plan, be affected by a dam hazard.\ns 352A def district group sub 2017 No. 11 s 13 (2) – (3)\ndownstream release hazard ...\ns 352A def downstream release hazard om 2017 No. 11 s 13 (2)\nemergency action plan means a plan that complies with section 352H .\nemergency condition ...\ns 352A def emergency condition om 2017 No. 11 s 13 (2)\nemergency event , for a dam, means an event arising from a dam hazard if—\npersons or property may be harmed because of the event; and\nany of the following apply—\na coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity is likely to be required to respond to the event;\nthe event may arise because of a disaster situation declared under the Disaster Management Act ;\nan entity performing functions under the State disaster management plan may, under that plan, require the owner of the dam to give the entity information about the event.\ns 352A def emergency event sub 2017 No. 11 s 13 (2) – (3)\nemergency event interim report see section 352U (2) (a) .\nemergency event report see section 352T (2) .\nemergency management chief executive means the chief executive of the department in which the Disaster Management Act is administered.\nlocal disaster area , of a local group, means the area of the local group under the Disaster Management Act .\nlocal disaster management plan ...\ns 352A def local disaster management plan om 2017 No. 11 s 13 (2)\nlocal group , for an emergency action plan, means a local group established under the Disaster Management Act , section 29 whose local government area could, under the plan, be affected by a dam hazard.\ns 352A def local group sub 2017 No. 11 s 13 (2) – (3)\nnotice response see sections 352HB (4) and 352HC (3) .\ns 352A def notice response ins 2017 No. 11 s 13 (3)\nrelevant disaster management group ...\ns 352A def relevant disaster management group om 2017 No. 11 s 13 (2)\nrelevant district group ...\ns 352A def relevant district group om 2017 No. 11 s 13 (2)\nrelevant entity , for a dam, means each of the following under the emergency action plan for the dam—\nthe persons who may be affected, or whose property may be affected, if a dam hazard event or emergency event were to happen for the dam;\nthe owners of parcels of farm land adjacent to the dam\nresidents of a township\neach local group and district group for the emergency action plan;\neach local government whose local government area may be affected if a dam hazard event or emergency event were to happen for the dam;\nthe chief executive;\nanother entity the owner of the dam considers appropriate.\nthe Queensland Police Service\ns 352A def relevant entity ins 2017 No. 11 s 13 (3)\nrelevant local group ...\ns 352A def relevant local group om 2017 No. 11 s 13 (2)\ns 352A ins 2012 No. 29 s 28\namd 2017 No. 11 s 13\n- (a) for a district group—the chairperson of the group under the Disaster Management Act; or\n- (b) for a local group—the chairperson of the group under the Disaster Management Act.\n- (a) cause or contribute to the failure of the dam, if the failure may cause harm to persons or property; or\n- (b) require an automatic or controlled release of water from the dam, if the release of the water may cause harm to persons or property.\n- (a) persons or property may be harmed because of the event; and\n- (b) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity is unlikely to be required to respond to the event; and\n- (c) the event is not an emergency event.\n- (a) persons or property may be harmed because of the event; and\n- (b) any of the following apply— (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity is likely to be required to respond to the event; (ii) the event may arise because of a disaster situation declared under the Disaster Management Act ; (iii) an entity performing functions under the State disaster management plan may, under that plan, require the owner of the dam to give the entity information about the event.\n- (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity is likely to be required to respond to the event;\n- (ii) the event may arise because of a disaster situation declared under the Disaster Management Act ;\n- (iii) an entity performing functions under the State disaster management plan may, under that plan, require the owner of the dam to give the entity information about the event.\n- (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity is likely to be required to respond to the event;\n- (ii) the event may arise because of a disaster situation declared under the Disaster Management Act ;\n- (iii) an entity performing functions under the State disaster management plan may, under that plan, require the owner of the dam to give the entity information about the event.\n- (a) the persons who may be affected, or whose property may be affected, if a dam hazard event or emergency event were to happen for the dam; Examples for paragraph (a) — • the owners of parcels of farm land adjacent to the dam • residents of a township\n- • the owners of parcels of farm land adjacent to the dam\n- • residents of a township\n- (b) each local group and district group for the emergency action plan;\n- (ba) each local government whose local government area may be affected if a dam hazard event or emergency event were to happen for the dam;\n- (c) the chief executive;\n- (d) another entity the owner of the dam considers appropriate. Example for paragraph (d) — the Queensland Police Service\n- • the owners of parcels of farm land adjacent to the dam\n- • residents of a township","sortOrder":355},{"sectionNumber":"sec.352B","sectionType":"section","heading":null,"content":"### Section sec.352B\n\ns 352B ins 2012 No. 29 s 28\nom 2017 No. 11 s 14","sortOrder":356},{"sectionNumber":"sec.352C","sectionType":"section","heading":null,"content":"### Section sec.352C\n\ns 352C ins 2012 No. 29 s 28\nom 2017 No. 11 s 14","sortOrder":357},{"sectionNumber":"sec.352D","sectionType":"section","heading":null,"content":"### Section sec.352D\n\ns 352D ins 2012 No. 29 s 28\nom 2017 No. 11 s 14","sortOrder":358},{"sectionNumber":"sec.352E","sectionType":"section","heading":"Requirement for, and main purpose of, emergency action plan","content":"### sec.352E Requirement for, and main purpose of, emergency action plan\n\nThe owner of a referable dam must have an approved emergency action plan for the dam.\nThe main purpose of an emergency action plan for a dam is to minimise the risk of harm to persons or property if a dam hazard event or emergency event for the dam happens.\ns 352E ins 2012 No. 29 s 28\nsub 2017 No. 11 s 15\n(sec.352E-ssec.1) The owner of a referable dam must have an approved emergency action plan for the dam.\n(sec.352E-ssec.2) The main purpose of an emergency action plan for a dam is to minimise the risk of harm to persons or property if a dam hazard event or emergency event for the dam happens.","sortOrder":359},{"sectionNumber":"sec.352F","sectionType":"section","heading":"Requirement to prepare emergency action plan","content":"### sec.352F Requirement to prepare emergency action plan\n\nThe owner of a referable dam must, unless the owner has a reasonable excuse, prepare an emergency action plan for the dam under subdivision 3 and give it to the chief executive for approval—\nif construction of the dam is not finished when the chief executive accepts a failure impact assessment for the dam under section 349 —\nwithin 3 months after the construction is finished; or\nif the chief executive gives the owner of the dam a notice requiring the emergency action plan before the construction is finished—within the period of at least 30 business days stated in the notice; or\nif construction of the dam has finished when the chief executive accepts a failure impact assessment for the dam—within 4 months after the chief executive accepts the failure impact assessment; or\nif the dam becomes a referable dam under section 342B —within 4 months after the day it becomes a referable dam.\nMaximum penalty—1,665 penalty units.\nFor the obligation of the owner of an existing dam to prepare and submit an emergency action plan, see also section 645 .\ns 352F ins 2012 No. 29 s 28\namd 2017 No. 11 s 16\n- (a) if construction of the dam is not finished when the chief executive accepts a failure impact assessment for the dam under section 349 — (i) within 3 months after the construction is finished; or (ii) if the chief executive gives the owner of the dam a notice requiring the emergency action plan before the construction is finished—within the period of at least 30 business days stated in the notice; or\n- (i) within 3 months after the construction is finished; or\n- (ii) if the chief executive gives the owner of the dam a notice requiring the emergency action plan before the construction is finished—within the period of at least 30 business days stated in the notice; or\n- (b) if construction of the dam has finished when the chief executive accepts a failure impact assessment for the dam—within 4 months after the chief executive accepts the failure impact assessment; or\n- (c) if the dam becomes a referable dam under section 342B —within 4 months after the day it becomes a referable dam.\n- (i) within 3 months after the construction is finished; or\n- (ii) if the chief executive gives the owner of the dam a notice requiring the emergency action plan before the construction is finished—within the period of at least 30 business days stated in the notice; or","sortOrder":360},{"sectionNumber":"sec.352G","sectionType":"section","heading":null,"content":"### Section sec.352G\n\ns 352G ins 2012 No. 29 s 28\nom 2017 No. 11 s 17","sortOrder":361},{"sectionNumber":"sec.352H","sectionType":"section","heading":"Requirements for plan","content":"### sec.352H Requirements for plan\n\nThe emergency action plan must—\nidentify each dam hazard for the dam; and\nfor each dam hazard—\nidentify the area likely to be affected by a dam hazard event or emergency event arising from the dam hazard, including, for example, by attaching to the plan maps showing areas vulnerable to flooding if the event were to happen; and\nidentify each circumstance that indicates a material increase in the likelihood of the dam hazard event or emergency event happening; and\nan unusual amount of seepage from the dam\nrainfall in the catchment area of the dam\nstate when and how the owner of the dam plans to warn persons who may be harmed, or whose property may be harmed, by the dam hazard event or emergency event, if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the persons or categories of persons are to be warned; and\nstate when and how the owner plans to notify the relevant entities for the dam if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the relevant entities are to be notified; and\nstate the actions the owner plans to take in response to a dam hazard event or emergency event; and\nbe accompanied by each notice given by a local government or district group under section 352HB (3) or 352HC (2) for the plan, and any notice responses by the owner; and\ninclude any other relevant matter prescribed by regulation.\nFor subsection (1) (b) (iii) the emergency action plan may provide for the dam owner to make arrangements with a relevant entity for warnings to be given by the relevant entity on behalf of the dam owner in appropriate circumstances.\ns 352H ins 2012 No. 29 s 28\nsub 2017 No. 11 s 18\n(sec.352H-ssec.1) The emergency action plan must— identify each dam hazard for the dam; and for each dam hazard— identify the area likely to be affected by a dam hazard event or emergency event arising from the dam hazard, including, for example, by attaching to the plan maps showing areas vulnerable to flooding if the event were to happen; and identify each circumstance that indicates a material increase in the likelihood of the dam hazard event or emergency event happening; and an unusual amount of seepage from the dam rainfall in the catchment area of the dam state when and how the owner of the dam plans to warn persons who may be harmed, or whose property may be harmed, by the dam hazard event or emergency event, if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the persons or categories of persons are to be warned; and state when and how the owner plans to notify the relevant entities for the dam if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the relevant entities are to be notified; and state the actions the owner plans to take in response to a dam hazard event or emergency event; and be accompanied by each notice given by a local government or district group under section 352HB (3) or 352HC (2) for the plan, and any notice responses by the owner; and include any other relevant matter prescribed by regulation.\n(sec.352H-ssec.2) For subsection (1) (b) (iii) the emergency action plan may provide for the dam owner to make arrangements with a relevant entity for warnings to be given by the relevant entity on behalf of the dam owner in appropriate circumstances.\n- (a) identify each dam hazard for the dam; and\n- (b) for each dam hazard— (i) identify the area likely to be affected by a dam hazard event or emergency event arising from the dam hazard, including, for example, by attaching to the plan maps showing areas vulnerable to flooding if the event were to happen; and (ii) identify each circumstance that indicates a material increase in the likelihood of the dam hazard event or emergency event happening; and Examples for subparagraph (ii) — • an unusual amount of seepage from the dam • rainfall in the catchment area of the dam (iii) state when and how the owner of the dam plans to warn persons who may be harmed, or whose property may be harmed, by the dam hazard event or emergency event, if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the persons or categories of persons are to be warned; and (iv) state when and how the owner plans to notify the relevant entities for the dam if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the relevant entities are to be notified; and (v) state the actions the owner plans to take in response to a dam hazard event or emergency event; and\n- (i) identify the area likely to be affected by a dam hazard event or emergency event arising from the dam hazard, including, for example, by attaching to the plan maps showing areas vulnerable to flooding if the event were to happen; and\n- (ii) identify each circumstance that indicates a material increase in the likelihood of the dam hazard event or emergency event happening; and Examples for subparagraph (ii) — • an unusual amount of seepage from the dam • rainfall in the catchment area of the dam\n- • an unusual amount of seepage from the dam\n- • rainfall in the catchment area of the dam\n- (iii) state when and how the owner of the dam plans to warn persons who may be harmed, or whose property may be harmed, by the dam hazard event or emergency event, if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the persons or categories of persons are to be warned; and\n- (iv) state when and how the owner plans to notify the relevant entities for the dam if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the relevant entities are to be notified; and\n- (v) state the actions the owner plans to take in response to a dam hazard event or emergency event; and\n- (c) be accompanied by each notice given by a local government or district group under section 352HB (3) or 352HC (2) for the plan, and any notice responses by the owner; and\n- (d) include any other relevant matter prescribed by regulation.\n- (i) identify the area likely to be affected by a dam hazard event or emergency event arising from the dam hazard, including, for example, by attaching to the plan maps showing areas vulnerable to flooding if the event were to happen; and\n- (ii) identify each circumstance that indicates a material increase in the likelihood of the dam hazard event or emergency event happening; and Examples for subparagraph (ii) — • an unusual amount of seepage from the dam • rainfall in the catchment area of the dam\n- • an unusual amount of seepage from the dam\n- • rainfall in the catchment area of the dam\n- (iii) state when and how the owner of the dam plans to warn persons who may be harmed, or whose property may be harmed, by the dam hazard event or emergency event, if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the persons or categories of persons are to be warned; and\n- (iv) state when and how the owner plans to notify the relevant entities for the dam if a circumstance mentioned in subparagraph (ii) arises or the dam hazard event or emergency event happens, including the order of priority in which the relevant entities are to be notified; and\n- (v) state the actions the owner plans to take in response to a dam hazard event or emergency event; and\n- • an unusual amount of seepage from the dam\n- • rainfall in the catchment area of the dam","sortOrder":362},{"sectionNumber":"sec.352HA","sectionType":"section","heading":"Requirement to give emergency action plan to local governments and district groups","content":"### sec.352HA Requirement to give emergency action plan to local governments and district groups\n\nBefore giving the chief executive an emergency action plan for a dam, the owner of the dam must give a copy of the plan to—\neach local government whose local government area may be affected by a dam hazard identified in the plan; and\neach district group for the plan.\ns 352HA ins 2017 No. 11 s 18\n- (a) each local government whose local government area may be affected by a dam hazard identified in the plan; and\n- (b) each district group for the plan.","sortOrder":363},{"sectionNumber":"sec.352HB","sectionType":"section","heading":"Assessment by local government","content":"### sec.352HB Assessment by local government\n\nIf a local government is given a copy of an emergency action plan under section 352HA (a) , the local government must assess the emergency action plan for consistency with its disaster management plan.\nIn assessing the emergency action plan, the local government must consult with its local group for the plan.\nThe local government must, within 30 business days after receiving the emergency action plan, give the owner of the dam a notice stating—\nwhether the local government considers the plan is consistent with its disaster management plan; and\nif it considers the plan is not consistent with its disaster management plan, the reasons why it considers the plan is not consistent.\nThe owner of the dam may prepare a written response to the notice (a notice response ) and attach it to the notice.\ns 352HB ins 2017 No. 11 s 18\n(sec.352HB-ssec.1) If a local government is given a copy of an emergency action plan under section 352HA (a) , the local government must assess the emergency action plan for consistency with its disaster management plan.\n(sec.352HB-ssec.2) In assessing the emergency action plan, the local government must consult with its local group for the plan.\n(sec.352HB-ssec.3) The local government must, within 30 business days after receiving the emergency action plan, give the owner of the dam a notice stating— whether the local government considers the plan is consistent with its disaster management plan; and if it considers the plan is not consistent with its disaster management plan, the reasons why it considers the plan is not consistent.\n(sec.352HB-ssec.4) The owner of the dam may prepare a written response to the notice (a notice response ) and attach it to the notice.\n- (a) whether the local government considers the plan is consistent with its disaster management plan; and\n- (b) if it considers the plan is not consistent with its disaster management plan, the reasons why it considers the plan is not consistent.","sortOrder":364},{"sectionNumber":"sec.352HC","sectionType":"section","heading":"Review by district group","content":"### sec.352HC Review by district group\n\nIf a district group is given a copy of an emergency action plan under section 352HA (b) , the chairperson of the group may review the plan for consistency with the group’s disaster management plan.\nThe chairperson may, within 30 business days after receiving the emergency action plan, give the owner of the dam a notice stating—\nwhether the group considers the plan is consistent with the group’s disaster management plan; and\nif the group considers the plan is not consistent with its disaster management plan, the reasons why it considers the plan is not consistent.\nIf the chairperson gives a notice under subsection (2) , the owner of the dam may prepare a written response to the notice (a notice response ) and attach it to the notice.\ns 352HC ins 2017 No. 11 s 18\n(sec.352HC-ssec.1) If a district group is given a copy of an emergency action plan under section 352HA (b) , the chairperson of the group may review the plan for consistency with the group’s disaster management plan.\n(sec.352HC-ssec.2) The chairperson may, within 30 business days after receiving the emergency action plan, give the owner of the dam a notice stating— whether the group considers the plan is consistent with the group’s disaster management plan; and if the group considers the plan is not consistent with its disaster management plan, the reasons why it considers the plan is not consistent.\n(sec.352HC-ssec.3) If the chairperson gives a notice under subsection (2) , the owner of the dam may prepare a written response to the notice (a notice response ) and attach it to the notice.\n- (a) whether the group considers the plan is consistent with the group’s disaster management plan; and\n- (b) if the group considers the plan is not consistent with its disaster management plan, the reasons why it considers the plan is not consistent.","sortOrder":365},{"sectionNumber":"sec.352I","sectionType":"section","heading":"Chief executive to consider plan","content":"### sec.352I Chief executive to consider plan\n\nThe chief executive must consider an emergency action plan given to the chief executive for approval and, within 30 business days after receiving the plan, decide to—\napprove it; or\nrefuse to approve it.\nIn considering the emergency action plan, the chief executive must have regard to—\neach notice given by a local government under section 352HB (3) for the plan; and\neach notice given by the chairperson of a district group under section 352HC (2) for the plan; and\nany notice responses prepared by the owner of the dam; and\nany disaster management standards under the Disaster Management Act .\nFor deciding whether to approve or refuse to approve the emergency action plan, the chief executive may get advice from—\nthe emergency management chief executive; or\nan advisory council.\ns 352I ins 2012 No. 29 s 28\namd 2017 No. 11 s 19\n(sec.352I-ssec.1) The chief executive must consider an emergency action plan given to the chief executive for approval and, within 30 business days after receiving the plan, decide to— approve it; or refuse to approve it.\n(sec.352I-ssec.2) In considering the emergency action plan, the chief executive must have regard to— each notice given by a local government under section 352HB (3) for the plan; and each notice given by the chairperson of a district group under section 352HC (2) for the plan; and any notice responses prepared by the owner of the dam; and any disaster management standards under the Disaster Management Act .\n(sec.352I-ssec.3) For deciding whether to approve or refuse to approve the emergency action plan, the chief executive may get advice from— the emergency management chief executive; or an advisory council.\n- (a) approve it; or\n- (b) refuse to approve it.\n- (a) each notice given by a local government under section 352HB (3) for the plan; and\n- (b) each notice given by the chairperson of a district group under section 352HC (2) for the plan; and\n- (c) any notice responses prepared by the owner of the dam; and\n- (d) any disaster management standards under the Disaster Management Act .\n- (a) the emergency management chief executive; or\n- (b) an advisory council.","sortOrder":366},{"sectionNumber":"sec.352J","sectionType":"section","heading":"Criteria for approving plan","content":"### sec.352J Criteria for approving plan\n\nThe chief executive may approve the emergency action plan only if satisfied it—\ncomplies with section 352H ; and\neffectively deals with each dam hazard for the dam.\ns 352J ins 2012 No. 29 s 28\namd 2017 No. 11 s 20\n- (a) complies with section 352H ; and\n- (b) effectively deals with each dam hazard for the dam.","sortOrder":367},{"sectionNumber":"sec.352K","sectionType":"section","heading":"Approval of plan","content":"### sec.352K Approval of plan\n\nIf the chief executive approves the emergency action plan, the chief executive must—\ngive notice of the approval to the owner of the dam; and\ngive a copy of the approved plan to the emergency management chief executive; and\npublish the approved plan in the register of approved emergency action plans under section 352M .\nThe approval must be for a period of no more than 5 years stated in the approved plan.\nSubsection (4) applies if, within 30 business days after the emergency action plan is given to the chief executive for approval under section 352F or 352S , the chief executive has not decided to approve, or refuse to approve, the plan.\nThe chief executive is taken to have approved the plan on the day that is 30 business days after the plan was given to the chief executive (the deemed approval day ).\nIf subsection (4) applies to an emergency action plan—\nthe approval is—\nfor 2 years after the deemed approval day; or\nif the chief executive gives the dam owner notice of a longer period—the longer period; and\nthe chief executive must comply with subsection (1) in relation to the plan as soon as practicable after the deemed approval day.\nFor subsection (5) (a) (ii) —\nthe notice must be given within 2 years after the deemed approval day; and\nthe longer period must not be more than 5 years after the deemed approval day.\nThe period mentioned in subsection (2) or (5) (a) for an emergency action plan is the approval period for the approved plan.\ns 352K ins 2012 No. 29 s 28\namd 2017 No. 11 s 21 ; 2019 No. 17 s 348\n(sec.352K-ssec.1) If the chief executive approves the emergency action plan, the chief executive must— give notice of the approval to the owner of the dam; and give a copy of the approved plan to the emergency management chief executive; and publish the approved plan in the register of approved emergency action plans under section 352M .\n(sec.352K-ssec.2) The approval must be for a period of no more than 5 years stated in the approved plan.\n(sec.352K-ssec.3) Subsection (4) applies if, within 30 business days after the emergency action plan is given to the chief executive for approval under section 352F or 352S , the chief executive has not decided to approve, or refuse to approve, the plan.\n(sec.352K-ssec.4) The chief executive is taken to have approved the plan on the day that is 30 business days after the plan was given to the chief executive (the deemed approval day ).\n(sec.352K-ssec.5) If subsection (4) applies to an emergency action plan— the approval is— for 2 years after the deemed approval day; or if the chief executive gives the dam owner notice of a longer period—the longer period; and the chief executive must comply with subsection (1) in relation to the plan as soon as practicable after the deemed approval day.\n(sec.352K-ssec.6) For subsection (5) (a) (ii) — the notice must be given within 2 years after the deemed approval day; and the longer period must not be more than 5 years after the deemed approval day.\n(sec.352K-ssec.7) The period mentioned in subsection (2) or (5) (a) for an emergency action plan is the approval period for the approved plan.\n- (a) give notice of the approval to the owner of the dam; and\n- (b) give a copy of the approved plan to the emergency management chief executive; and\n- (c) publish the approved plan in the register of approved emergency action plans under section 352M .\n- (a) the approval is— (i) for 2 years after the deemed approval day; or (ii) if the chief executive gives the dam owner notice of a longer period—the longer period; and\n- (i) for 2 years after the deemed approval day; or\n- (ii) if the chief executive gives the dam owner notice of a longer period—the longer period; and\n- (b) the chief executive must comply with subsection (1) in relation to the plan as soon as practicable after the deemed approval day.\n- (i) for 2 years after the deemed approval day; or\n- (ii) if the chief executive gives the dam owner notice of a longer period—the longer period; and\n- (a) the notice must be given within 2 years after the deemed approval day; and\n- (b) the longer period must not be more than 5 years after the deemed approval day.","sortOrder":368},{"sectionNumber":"sec.352L","sectionType":"section","heading":"Refusal to approve plan","content":"### sec.352L Refusal to approve plan\n\nIf the chief executive decides to refuse to approve the emergency action plan, the chief executive must give the owner of the dam—\nan information notice about the decision; and\na notice directing the owner of the dam to prepare a new emergency action plan under subdivision 3 and give it to the chief executive within a stated period of at least 30 business days.\nThe owner of the dam must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—500 penalty units.\ns 352L ins 2012 No. 29 s 28\n(sec.352L-ssec.1) If the chief executive decides to refuse to approve the emergency action plan, the chief executive must give the owner of the dam— an information notice about the decision; and a notice directing the owner of the dam to prepare a new emergency action plan under subdivision 3 and give it to the chief executive within a stated period of at least 30 business days.\n(sec.352L-ssec.2) The owner of the dam must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—500 penalty units.\n- (a) an information notice about the decision; and\n- (b) a notice directing the owner of the dam to prepare a new emergency action plan under subdivision 3 and give it to the chief executive within a stated period of at least 30 business days.","sortOrder":369},{"sectionNumber":"sec.352M","sectionType":"section","heading":"Register of approved emergency action plans","content":"### sec.352M Register of approved emergency action plans\n\nThe chief executive must keep a register of approved emergency action plans.\nThe register may be kept in the form, including electronic form, the chief executive considers appropriate.\nThe chief executive must make information in the register available to the public on a Queensland Government website.\nHowever, the publicly available part of the register must not include the name, address and contact details of an individual.\ns 352M ins 2012 No. 29 s 28\namd 2023 No. 24 s 75 s ch 1 pt 1\n(sec.352M-ssec.1) The chief executive must keep a register of approved emergency action plans.\n(sec.352M-ssec.2) The register may be kept in the form, including electronic form, the chief executive considers appropriate.\n(sec.352M-ssec.3) The chief executive must make information in the register available to the public on a Queensland Government website.\n(sec.352M-ssec.4) However, the publicly available part of the register must not include the name, address and contact details of an individual.","sortOrder":370},{"sectionNumber":"sec.352N","sectionType":"section","heading":"Dam owner must ensure particular individuals have access to plan","content":"### sec.352N Dam owner must ensure particular individuals have access to plan\n\nThe owner of a referable dam must—\nkeep a copy of the approved emergency action plan for the dam; and\nmake it available to an individual—\nwho has a function under the plan; or\nwho, under the plan, is named and required to be personally notified of a dam hazard event or emergency event.\nMaximum penalty—500 penalty units.\ns 352N ins 2012 No. 29 s 28\namd 2017 No. 11 s 22\n- (a) keep a copy of the approved emergency action plan for the dam; and\n- (b) make it available to an individual— (i) who has a function under the plan; or (ii) who, under the plan, is named and required to be personally notified of a dam hazard event or emergency event.\n- (i) who has a function under the plan; or\n- (ii) who, under the plan, is named and required to be personally notified of a dam hazard event or emergency event.\n- (i) who has a function under the plan; or\n- (ii) who, under the plan, is named and required to be personally notified of a dam hazard event or emergency event.","sortOrder":371},{"sectionNumber":"sec.352O","sectionType":"section","heading":"Review by chief executive and direction to prepare and submit new plan","content":"### sec.352O Review by chief executive and direction to prepare and submit new plan\n\nThis section applies if the chief executive, at any time, considers an approved emergency action plan for a dam no longer deals effectively with a dam hazard the chief executive reasonably considers has the potential to affect the safe operation of the dam.\nAn emergency event report recommends a change to the plan.\nThe chairperson of a local group or district group for the plan advises that the plan is not consistent with the disaster management plan for the group.\nThe chief executive must give the owner of the dam a notice stating—\nthe chief executive considers the approved emergency action plan no longer effectively deals with the dam hazard; and\nthe reasons the chief executive considers the plan no longer effectively deals with the dam hazard; and\nthe owner of the dam must—\nprepare a new emergency action plan, under subdivision 3 , that effectively deals with the dam hazard; and\ngive it to the chief executive within a stated period of at least 30 business days.\nThe owner of the dam must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—500 penalty units.\ns 352O ins 2012 No. 29 s 28\namd 2017 No. 11 s 23\n(sec.352O-ssec.1) This section applies if the chief executive, at any time, considers an approved emergency action plan for a dam no longer deals effectively with a dam hazard the chief executive reasonably considers has the potential to affect the safe operation of the dam. An emergency event report recommends a change to the plan. The chairperson of a local group or district group for the plan advises that the plan is not consistent with the disaster management plan for the group.\n(sec.352O-ssec.2) The chief executive must give the owner of the dam a notice stating— the chief executive considers the approved emergency action plan no longer effectively deals with the dam hazard; and the reasons the chief executive considers the plan no longer effectively deals with the dam hazard; and the owner of the dam must— prepare a new emergency action plan, under subdivision 3 , that effectively deals with the dam hazard; and give it to the chief executive within a stated period of at least 30 business days.\n(sec.352O-ssec.3) The owner of the dam must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—500 penalty units.\n- 1 An emergency event report recommends a change to the plan.\n- 2 The chairperson of a local group or district group for the plan advises that the plan is not consistent with the disaster management plan for the group.\n- (a) the chief executive considers the approved emergency action plan no longer effectively deals with the dam hazard; and\n- (b) the reasons the chief executive considers the plan no longer effectively deals with the dam hazard; and\n- (c) the owner of the dam must— (i) prepare a new emergency action plan, under subdivision 3 , that effectively deals with the dam hazard; and (ii) give it to the chief executive within a stated period of at least 30 business days.\n- (i) prepare a new emergency action plan, under subdivision 3 , that effectively deals with the dam hazard; and\n- (ii) give it to the chief executive within a stated period of at least 30 business days.\n- (i) prepare a new emergency action plan, under subdivision 3 , that effectively deals with the dam hazard; and\n- (ii) give it to the chief executive within a stated period of at least 30 business days.","sortOrder":372},{"sectionNumber":"sec.352P","sectionType":"section","heading":"Review by dam owner","content":"### sec.352P Review by dam owner\n\nThe owner of a referable dam must, before the review day each year—\nreview the approved emergency action plan for the dam; and\ngive the chief executive—\na notice stating whether or not the owner proposes an amendment of the plan because of the review; and\nif the owner proposes an amendment—a copy of the plan including the proposed amendment.\nMaximum penalty—500 penalty units.\nFor subsection (1) , the review day is—\nif, before 1 October in a year, the chief executive gives the owner written notice stating a day, not earlier than 30 business days after the notice is given, for compliance with subsection (1) in the year—the day stated in the notice; or\notherwise—1 October.\nHowever, a notice may not be given under subsection (2) (a) later than 30 business days before 1 October in the year.\ns 352P ins 2012 No. 29 s 28\namd 2023 No. 24 s 71\n(sec.352P-ssec.1) The owner of a referable dam must, before the review day each year— review the approved emergency action plan for the dam; and give the chief executive— a notice stating whether or not the owner proposes an amendment of the plan because of the review; and if the owner proposes an amendment—a copy of the plan including the proposed amendment. Maximum penalty—500 penalty units.\n(sec.352P-ssec.2) For subsection (1) , the review day is— if, before 1 October in a year, the chief executive gives the owner written notice stating a day, not earlier than 30 business days after the notice is given, for compliance with subsection (1) in the year—the day stated in the notice; or otherwise—1 October.\n(sec.352P-ssec.3) However, a notice may not be given under subsection (2) (a) later than 30 business days before 1 October in the year.\n- (a) review the approved emergency action plan for the dam; and\n- (b) give the chief executive— (i) a notice stating whether or not the owner proposes an amendment of the plan because of the review; and (ii) if the owner proposes an amendment—a copy of the plan including the proposed amendment.\n- (i) a notice stating whether or not the owner proposes an amendment of the plan because of the review; and\n- (ii) if the owner proposes an amendment—a copy of the plan including the proposed amendment.\n- (i) a notice stating whether or not the owner proposes an amendment of the plan because of the review; and\n- (ii) if the owner proposes an amendment—a copy of the plan including the proposed amendment.\n- (a) if, before 1 October in a year, the chief executive gives the owner written notice stating a day, not earlier than 30 business days after the notice is given, for compliance with subsection (1) in the year—the day stated in the notice; or\n- (b) otherwise—1 October.","sortOrder":373},{"sectionNumber":"sec.352Q","sectionType":"section","heading":"Amending plan by agreement","content":"### sec.352Q Amending plan by agreement\n\nThe owner of a referable dam may ask the chief executive to amend the approved emergency action plan for the dam to—\ncorrect a minor error; or\nmake another change that is not a change of substance.\nWithout limiting subsection (1) (b) , the owner may, within 10 business days after a change in ownership of the dam, ask the chief executive to amend the approved emergency action plan to—\nrecord the change in ownership of the dam; and\nmake other changes to the plan required because of the change in ownership.\nThe request must be in writing and accompanied by a copy of the plan showing the proposed amendment.\nThe chief executive may—\ndecide to approve or refuse the amendment; and\ngive the owner notice of the decision.\nIf, within 10 business days after the request is made, the chief executive has not decided to approve or refuse to approve the amendment, the chief executive is taken to have approved the amendment.\nIf the amendment is approved under this section, the plan as amended is taken to be the approved emergency action plan.\ns 352Q ins 2012 No. 29 s 28\nsub 2017 No. 11 s 24\namd 2019 No. 17 s 349\n(sec.352Q-ssec.1) The owner of a referable dam may ask the chief executive to amend the approved emergency action plan for the dam to— correct a minor error; or make another change that is not a change of substance.\n(sec.352Q-ssec.1A) Without limiting subsection (1) (b) , the owner may, within 10 business days after a change in ownership of the dam, ask the chief executive to amend the approved emergency action plan to— record the change in ownership of the dam; and make other changes to the plan required because of the change in ownership.\n(sec.352Q-ssec.2) The request must be in writing and accompanied by a copy of the plan showing the proposed amendment.\n(sec.352Q-ssec.3) The chief executive may— decide to approve or refuse the amendment; and give the owner notice of the decision.\n(sec.352Q-ssec.4) If, within 10 business days after the request is made, the chief executive has not decided to approve or refuse to approve the amendment, the chief executive is taken to have approved the amendment.\n(sec.352Q-ssec.5) If the amendment is approved under this section, the plan as amended is taken to be the approved emergency action plan.\n- (a) correct a minor error; or\n- (b) make another change that is not a change of substance.\n- (a) record the change in ownership of the dam; and\n- (b) make other changes to the plan required because of the change in ownership.\n- (a) decide to approve or refuse the amendment; and\n- (b) give the owner notice of the decision.","sortOrder":374},{"sectionNumber":"sec.352R","sectionType":"section","heading":"Substantive amendment of plan","content":"### sec.352R Substantive amendment of plan\n\nThis section applies if—\nthe owner of a referable dam—\nproposes an amendment of the emergency action plan for the dam; and\ngives the chief executive a copy of the plan including the proposed amendment; and\nthe chief executive considers the proposed amendment is a change of substance.\nThe chief executive must give the owner of the dam a notice stating—\nthe chief executive considers the proposed amendment is a change of substance; and\nthe reasons the chief executive considers the proposed amendment is a change of substance; and\nthat, if the owner proposes to include the amendment in the emergency action plan, the owner must prepare a new emergency action plan including the amendment under subdivision 3 and give it to the chief executive.\ns 352R ins 2012 No. 29 s 28\n(sec.352R-ssec.1) This section applies if— the owner of a referable dam— proposes an amendment of the emergency action plan for the dam; and gives the chief executive a copy of the plan including the proposed amendment; and the chief executive considers the proposed amendment is a change of substance.\n(sec.352R-ssec.2) The chief executive must give the owner of the dam a notice stating— the chief executive considers the proposed amendment is a change of substance; and the reasons the chief executive considers the proposed amendment is a change of substance; and that, if the owner proposes to include the amendment in the emergency action plan, the owner must prepare a new emergency action plan including the amendment under subdivision 3 and give it to the chief executive.\n- (a) the owner of a referable dam— (i) proposes an amendment of the emergency action plan for the dam; and (ii) gives the chief executive a copy of the plan including the proposed amendment; and\n- (i) proposes an amendment of the emergency action plan for the dam; and\n- (ii) gives the chief executive a copy of the plan including the proposed amendment; and\n- (b) the chief executive considers the proposed amendment is a change of substance.\n- (i) proposes an amendment of the emergency action plan for the dam; and\n- (ii) gives the chief executive a copy of the plan including the proposed amendment; and\n- (a) the chief executive considers the proposed amendment is a change of substance; and\n- (b) the reasons the chief executive considers the proposed amendment is a change of substance; and\n- (c) that, if the owner proposes to include the amendment in the emergency action plan, the owner must prepare a new emergency action plan including the amendment under subdivision 3 and give it to the chief executive.","sortOrder":375},{"sectionNumber":"sec.352S","sectionType":"section","heading":"Renewal of plan","content":"### sec.352S Renewal of plan\n\nThis section applies if an approved emergency action plan for a referable dam is in force.\nThe owner of the dam must, unless the owner has a reasonable excuse, at least 2 months before the end of the approval period for the plan—\nprepare a new emergency action plan for the dam under subdivision 3 ; and\ngive it to the chief executive for approval.\nMaximum penalty—500 penalty units.\nThe chief executive must decide to approve or refuse to approve the new emergency action plan under subdivision 4 .\ns 352S ins 2012 No. 29 s 28\namd 2019 No. 17 s 350\n(sec.352S-ssec.1) This section applies if an approved emergency action plan for a referable dam is in force.\n(sec.352S-ssec.2) The owner of the dam must, unless the owner has a reasonable excuse, at least 2 months before the end of the approval period for the plan— prepare a new emergency action plan for the dam under subdivision 3 ; and give it to the chief executive for approval. Maximum penalty—500 penalty units.\n(sec.352S-ssec.3) The chief executive must decide to approve or refuse to approve the new emergency action plan under subdivision 4 .\n- (a) prepare a new emergency action plan for the dam under subdivision 3 ; and\n- (b) give it to the chief executive for approval.","sortOrder":376},{"sectionNumber":"sec.352T","sectionType":"section","heading":"Preparation and submission of emergency event report","content":"### sec.352T Preparation and submission of emergency event report\n\nThis section applies to the owner of a referable dam if an emergency event relating to the dam happens.\nFor subsection (1) , an emergency event relating to the dam happens if—\na person or property has been or may be harmed because of the event; and\nany of the following applies—\na coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event;\nthe event arose because of a disaster situation declared under the Disaster Management Act ;\nan entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\nThe owner of the dam must, unless the owner has a reasonable excuse, prepare a report (an emergency event report ) under this subdivision and give it to the chief executive within—\n30 business days after the end of the emergency event; or\nif a further period is agreed in writing by the chief executive and the owner of the dam—the further period.\nMaximum penalty—1,665 penalty units.\nFor the obligation of the owner of an existing dam to prepare and submit an emergency event report, see also section 646 .\nIn this section—\nend , of an emergency event, means when the dam hazard giving rise to the event is no longer a material risk to persons or property.\ns 352T ins 2012 No. 29 s 28\namd 2017 No. 11 s 25\n(sec.352T-ssec.1) This section applies to the owner of a referable dam if an emergency event relating to the dam happens.\n(sec.352T-ssec.1A) For subsection (1) , an emergency event relating to the dam happens if— a person or property has been or may be harmed because of the event; and any of the following applies— a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event; the event arose because of a disaster situation declared under the Disaster Management Act ; an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\n(sec.352T-ssec.2) The owner of the dam must, unless the owner has a reasonable excuse, prepare a report (an emergency event report ) under this subdivision and give it to the chief executive within— 30 business days after the end of the emergency event; or if a further period is agreed in writing by the chief executive and the owner of the dam—the further period. Maximum penalty—1,665 penalty units. For the obligation of the owner of an existing dam to prepare and submit an emergency event report, see also section 646 .\n(sec.352T-ssec.3) In this section— end , of an emergency event, means when the dam hazard giving rise to the event is no longer a material risk to persons or property.\n- (a) a person or property has been or may be harmed because of the event; and\n- (b) any of the following applies— (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event; (ii) the event arose because of a disaster situation declared under the Disaster Management Act ; (iii) an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\n- (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event;\n- (ii) the event arose because of a disaster situation declared under the Disaster Management Act ;\n- (iii) an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\n- (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event;\n- (ii) the event arose because of a disaster situation declared under the Disaster Management Act ;\n- (iii) an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\n- (a) 30 business days after the end of the emergency event; or\n- (b) if a further period is agreed in writing by the chief executive and the owner of the dam—the further period.","sortOrder":377},{"sectionNumber":"sec.352U","sectionType":"section","heading":"Preparation and submission of emergency event interim report","content":"### sec.352U Preparation and submission of emergency event interim report\n\nThis section applies if—\nan emergency event relating to a referable dam happens; and\nthe chief executive considers the emergency event is likely to continue for at least 1 month.\nFor subsection (1) (a) , an emergency event relating to the referable dam happens if—\na person or property has been or may be harmed because of the event; and\nany of the following applies—\na coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event;\nthe event arose because of a disaster situation declared under the Disaster Management Act ;\nan entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\nThe chief executive may give the owner of the dam a notice requiring the owner to—\nprepare a report (an emergency event interim report ) under this subdivision; and\ngive it to the chief executive within 10 business days after receiving the notice.\nIf the chief executive gives the owner of the dam a notice under subsection (2) , the owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—1,665 penalty units.\ns 352U ins 2012 No. 29 s 28\namd 2017 No. 11 s 25A\n(sec.352U-ssec.1) This section applies if— an emergency event relating to a referable dam happens; and the chief executive considers the emergency event is likely to continue for at least 1 month.\n(sec.352U-ssec.1A) For subsection (1) (a) , an emergency event relating to the referable dam happens if— a person or property has been or may be harmed because of the event; and any of the following applies— a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event; the event arose because of a disaster situation declared under the Disaster Management Act ; an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\n(sec.352U-ssec.2) The chief executive may give the owner of the dam a notice requiring the owner to— prepare a report (an emergency event interim report ) under this subdivision; and give it to the chief executive within 10 business days after receiving the notice.\n(sec.352U-ssec.3) If the chief executive gives the owner of the dam a notice under subsection (2) , the owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—1,665 penalty units.\n- (a) an emergency event relating to a referable dam happens; and\n- (b) the chief executive considers the emergency event is likely to continue for at least 1 month.\n- (a) a person or property has been or may be harmed because of the event; and\n- (b) any of the following applies— (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event; (ii) the event arose because of a disaster situation declared under the Disaster Management Act ; (iii) an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\n- (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event;\n- (ii) the event arose because of a disaster situation declared under the Disaster Management Act ;\n- (iii) an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\n- (i) a coordinated response involving 2 or more of the relevant entities mentioned in paragraphs (b) to (d) of the definition relevant entity was required to respond to the event;\n- (ii) the event arose because of a disaster situation declared under the Disaster Management Act ;\n- (iii) an entity performing functions under the State disaster management plan has, under that plan, required the owner of the dam to give the entity information about the event.\n- (a) prepare a report (an emergency event interim report ) under this subdivision; and\n- (b) give it to the chief executive within 10 business days after receiving the notice.","sortOrder":378},{"sectionNumber":"sec.352V","sectionType":"section","heading":"Content of report","content":"### sec.352V Content of report\n\nAn emergency event report or emergency event interim report for a referable dam must—\ndescribe the emergency event to which the report relates; and\ndescribe the implementation of the approved emergency action plan for the dam in relation to the emergency event, including relevant details of—\ncommunications made and actions taken in response to the emergency event; and\nmonitoring of the dam and the area affected or potentially affected by the emergency event; and\ndescribe any damage to the dam, including by reference to photographs of the damage; and\nstate whether and to what extent any damage to the dam has been caused or contributed to by the emergency event; and\ninclude an assessment of whether and to what extent the approved emergency action plan effectively dealt with the emergency event; and\nrecommend any changes to the approved emergency action plan that would allow the plan to deal with a similar emergency event more effectively; and\ninclude details of any other matter that is relevant to the emergency event or how it was dealt with under the emergency action plan; and\ninclude any other relevant matter prescribed under a regulation.\nSubsection (1) does not prevent an emergency event report or emergency event interim report from dealing with 2 or more emergency events if—\nthe emergency events are related; and\nan emergency event that has been caused or contributed to by another emergency event\n2 emergency events that happen at the same time\nthe chief executive has agreed to the report dealing with the emergency events.\ns 352V ins 2012 No. 29 s 28\n(sec.352V-ssec.1) An emergency event report or emergency event interim report for a referable dam must— describe the emergency event to which the report relates; and describe the implementation of the approved emergency action plan for the dam in relation to the emergency event, including relevant details of— communications made and actions taken in response to the emergency event; and monitoring of the dam and the area affected or potentially affected by the emergency event; and describe any damage to the dam, including by reference to photographs of the damage; and state whether and to what extent any damage to the dam has been caused or contributed to by the emergency event; and include an assessment of whether and to what extent the approved emergency action plan effectively dealt with the emergency event; and recommend any changes to the approved emergency action plan that would allow the plan to deal with a similar emergency event more effectively; and include details of any other matter that is relevant to the emergency event or how it was dealt with under the emergency action plan; and include any other relevant matter prescribed under a regulation.\n(sec.352V-ssec.2) Subsection (1) does not prevent an emergency event report or emergency event interim report from dealing with 2 or more emergency events if— the emergency events are related; and an emergency event that has been caused or contributed to by another emergency event 2 emergency events that happen at the same time the chief executive has agreed to the report dealing with the emergency events.\n- (a) describe the emergency event to which the report relates; and\n- (b) describe the implementation of the approved emergency action plan for the dam in relation to the emergency event, including relevant details of— (i) communications made and actions taken in response to the emergency event; and (ii) monitoring of the dam and the area affected or potentially affected by the emergency event; and\n- (i) communications made and actions taken in response to the emergency event; and\n- (ii) monitoring of the dam and the area affected or potentially affected by the emergency event; and\n- (c) describe any damage to the dam, including by reference to photographs of the damage; and\n- (d) state whether and to what extent any damage to the dam has been caused or contributed to by the emergency event; and\n- (e) include an assessment of whether and to what extent the approved emergency action plan effectively dealt with the emergency event; and\n- (f) recommend any changes to the approved emergency action plan that would allow the plan to deal with a similar emergency event more effectively; and\n- (g) include details of any other matter that is relevant to the emergency event or how it was dealt with under the emergency action plan; and\n- (h) include any other relevant matter prescribed under a regulation.\n- (i) communications made and actions taken in response to the emergency event; and\n- (ii) monitoring of the dam and the area affected or potentially affected by the emergency event; and\n- (a) the emergency events are related; and Examples of related emergency events— • an emergency event that has been caused or contributed to by another emergency event • 2 emergency events that happen at the same time\n- • an emergency event that has been caused or contributed to by another emergency event\n- • 2 emergency events that happen at the same time\n- (b) the chief executive has agreed to the report dealing with the emergency events.\n- • an emergency event that has been caused or contributed to by another emergency event\n- • 2 emergency events that happen at the same time","sortOrder":379},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Safety conditions for existing referable dams","content":"## Safety conditions for existing referable dams","sortOrder":380},{"sectionNumber":"sec.353","sectionType":"section","heading":"Applying safety conditions for existing referable dams","content":"### sec.353 Applying safety conditions for existing referable dams\n\nThe chief executive may apply safety conditions to a referable dam.\nFor assessing the safety conditions that are to apply, the chief executive may give the owner of the dam a notice requesting the owner give the chief executive, within the reasonable period stated in the notice—\ninformation that will assist the chief executive in deciding the conditions to be applied; and\nthe fee prescribed under a regulation.\nThe owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—200 penalty units.\nWithout limiting subsection (2) , the notice may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.\n(sec.353-ssec.1) The chief executive may apply safety conditions to a referable dam.\n(sec.353-ssec.2) For assessing the safety conditions that are to apply, the chief executive may give the owner of the dam a notice requesting the owner give the chief executive, within the reasonable period stated in the notice— information that will assist the chief executive in deciding the conditions to be applied; and the fee prescribed under a regulation.\n(sec.353-ssec.3) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.353-ssec.4) Without limiting subsection (2) , the notice may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.\n- (a) information that will assist the chief executive in deciding the conditions to be applied; and\n- (b) the fee prescribed under a regulation.","sortOrder":381},{"sectionNumber":"sec.354","sectionType":"section","heading":"Deciding safety conditions","content":"### sec.354 Deciding safety conditions\n\nWhen the chief executive has received the information requested in a notice under section 353 (2) , the chief executive must assess the information and decide the safety conditions for the dam.\nIn deciding the safety conditions for the dam, the chief executive must have regard to the guidelines, if any, made by the chief executive for applying safety conditions to a referable dam.\nThe chief executive must decide the safety conditions for the dam—\nwithin 40 business days after the chief executive receives the information requested; or\nif the owner of the dam, by written agreement, extends the period—within the extended period.\nThe safety conditions must be relevant to, but not an unreasonable imposition on, the dam or be reasonably required for the dam.\ns 354 amd 2011 No. 33 s 35 ; 2017 No. 11 s 26\n(sec.354-ssec.1) When the chief executive has received the information requested in a notice under section 353 (2) , the chief executive must assess the information and decide the safety conditions for the dam.\n(sec.354-ssec.2) In deciding the safety conditions for the dam, the chief executive must have regard to the guidelines, if any, made by the chief executive for applying safety conditions to a referable dam.\n(sec.354-ssec.3) The chief executive must decide the safety conditions for the dam— within 40 business days after the chief executive receives the information requested; or if the owner of the dam, by written agreement, extends the period—within the extended period.\n(sec.354-ssec.4) The safety conditions must be relevant to, but not an unreasonable imposition on, the dam or be reasonably required for the dam.\n- (a) within 40 business days after the chief executive receives the information requested; or\n- (b) if the owner of the dam, by written agreement, extends the period—within the extended period.","sortOrder":382},{"sectionNumber":"sec.355","sectionType":"section","heading":"Process after deciding safety conditions","content":"### sec.355 Process after deciding safety conditions\n\nWhen the chief executive has decided the safety conditions for a dam, the chief executive must—\ngive the owner of the dam an information notice about the safety conditions; and\ngive the local government for the area a copy of the safety conditions.\nIf a development permit has been given, or is taken to have been given, for the construction of the dam, the safety conditions are taken to be conditions attaching to the permit.\nIf a development permit has not been given for the construction of the dam—\nthe chief executive’s decision is taken to be a development permit given for the construction of the dam; and\nthe safety conditions are taken to be conditions attaching to the permit.\nAn information notice about the safety conditions need not include reasons for each safety condition.\ns 355 amd 2010 No. 20 s 154\n(sec.355-ssec.1) When the chief executive has decided the safety conditions for a dam, the chief executive must— give the owner of the dam an information notice about the safety conditions; and give the local government for the area a copy of the safety conditions.\n(sec.355-ssec.2) If a development permit has been given, or is taken to have been given, for the construction of the dam, the safety conditions are taken to be conditions attaching to the permit.\n(sec.355-ssec.3) If a development permit has not been given for the construction of the dam— the chief executive’s decision is taken to be a development permit given for the construction of the dam; and the safety conditions are taken to be conditions attaching to the permit.\n(sec.355-ssec.4) An information notice about the safety conditions need not include reasons for each safety condition.\n- (a) give the owner of the dam an information notice about the safety conditions; and\n- (b) give the local government for the area a copy of the safety conditions.\n- (a) the chief executive’s decision is taken to be a development permit given for the construction of the dam; and\n- (b) the safety conditions are taken to be conditions attaching to the permit.","sortOrder":383},{"sectionNumber":"sec.356","sectionType":"section","heading":"Changing conditions","content":"### sec.356 Changing conditions\n\nThis section applies for a referable dam if the chief executive is satisfied either or both of the following should be changed—\nsafety conditions;\ndevelopment conditions.\nThe chief executive may change the conditions.\nIn deciding what the conditions should be, the chief executive may give the owner of the dam a notice requesting the owner give the chief executive, within the reasonable period stated in the notice—\ninformation that will help the chief executive to decide the conditions to be applied; and\nthe fee prescribed under a regulation.\nThe owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—200 penalty units.\nWithout limiting subsection (3) , the notice may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.\nIn changing the conditions, the chief executive must have regard to the guidelines, if any, made by the chief executive for applying safety conditions to a referable dam.\nIf the chief executive changes the conditions, the chief executive must—\ngive the owner of the dam an information notice about the changed safety conditions; and\ngive the local government for the area a copy of the changed safety conditions.\nThe change has effect from the day the notice is given.\nThe chief executive’s power to change the conditions includes the power to add conditions.\nThe changed safety conditions are taken to be conditions attaching to the development permit mentioned in section 355 (2) or (3) .\n(sec.356-ssec.1) This section applies for a referable dam if the chief executive is satisfied either or both of the following should be changed— safety conditions; development conditions.\n(sec.356-ssec.2) The chief executive may change the conditions.\n(sec.356-ssec.3) In deciding what the conditions should be, the chief executive may give the owner of the dam a notice requesting the owner give the chief executive, within the reasonable period stated in the notice— information that will help the chief executive to decide the conditions to be applied; and the fee prescribed under a regulation.\n(sec.356-ssec.4) The owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.356-ssec.5) Without limiting subsection (3) , the notice may require the preparation of documents including a comprehensive report, by a registered professional engineer, on the design and operation of the dam.\n(sec.356-ssec.6) In changing the conditions, the chief executive must have regard to the guidelines, if any, made by the chief executive for applying safety conditions to a referable dam.\n(sec.356-ssec.7) If the chief executive changes the conditions, the chief executive must— give the owner of the dam an information notice about the changed safety conditions; and give the local government for the area a copy of the changed safety conditions.\n(sec.356-ssec.8) The change has effect from the day the notice is given.\n(sec.356-ssec.9) The chief executive’s power to change the conditions includes the power to add conditions.\n(sec.356-ssec.10) The changed safety conditions are taken to be conditions attaching to the development permit mentioned in section 355 (2) or (3) .\n- (a) safety conditions;\n- (b) development conditions.\n- (a) information that will help the chief executive to decide the conditions to be applied; and\n- (b) the fee prescribed under a regulation.\n- (a) give the owner of the dam an information notice about the changed safety conditions; and\n- (b) give the local government for the area a copy of the changed safety conditions.","sortOrder":384},{"sectionNumber":"sec.356A","sectionType":"section","heading":"Compliance with safety or development condition","content":"### sec.356A Compliance with safety or development condition\n\nThe owner of a referable dam to which a safety condition or other development condition applies must not contravene the condition.\nMaximum penalty—4,500 penalty units.\ns 356A ins 2012 No. 39 s 98\namd 2016 No. 27 s 689","sortOrder":385},{"sectionNumber":"sec.357","sectionType":"section","heading":"Reassessing dams","content":"### sec.357 Reassessing dams\n\nIf a failure impact assessment for a referable dam, accepted by the chief executive, assesses the dam as not having a category 1 or category 2 failure impact rating, any existing safety conditions for the dam no longer apply to the dam.","sortOrder":386},{"sectionNumber":"sec.357A","sectionType":"section","heading":"Chief executive may engage person to provide information","content":"### sec.357A Chief executive may engage person to provide information\n\nThis section applies if the chief executive believes a person has not complied with a notice given to the person under section 353 (2) or 356 (3) requiring information about a dam, including, for example, a comprehensive report by a registered professional engineer on the design and operation of the dam.\nThe chief executive may engage a person with suitable qualifications, experience or expertise to investigate the dam and give the chief executive the information requested.\nIf the chief executive incurs expense in engaging the person under subsection (2) , the chief executive must give the person a notice stating the amount of the expense incurred.\nAny reasonable expenses incurred by the chief executive in engaging the person under subsection (2) may be recovered by the chief executive as a debt.\nA debt under subsection (4) bears interest at the rate stated in a regulation.\ns 357A ins 2010 No. 20 s 155\n(sec.357A-ssec.1) This section applies if the chief executive believes a person has not complied with a notice given to the person under section 353 (2) or 356 (3) requiring information about a dam, including, for example, a comprehensive report by a registered professional engineer on the design and operation of the dam.\n(sec.357A-ssec.2) The chief executive may engage a person with suitable qualifications, experience or expertise to investigate the dam and give the chief executive the information requested.\n(sec.357A-ssec.3) If the chief executive incurs expense in engaging the person under subsection (2) , the chief executive must give the person a notice stating the amount of the expense incurred.\n(sec.357A-ssec.4) Any reasonable expenses incurred by the chief executive in engaging the person under subsection (2) may be recovered by the chief executive as a debt.\n(sec.357A-ssec.5) A debt under subsection (4) bears interest at the rate stated in a regulation.","sortOrder":387},{"sectionNumber":"ch.4-pt.1-div.4","sectionType":"division","heading":"Emergency powers","content":"## Emergency powers","sortOrder":388},{"sectionNumber":"sec.358","sectionType":"section","heading":"Application of div 4","content":"### sec.358 Application of div 4\n\nThis division applies if the chief executive is satisfied, or reasonably believes—\nthere is danger of the failure of—\na referable dam; or\nanother dam (whether or not a failure impact assessment has been carried out for the dam), if the chief executive reasonably believes the dam would have a category 1 or category 2 failure impact rating if an assessment or another assessment were carried out for the dam; and\naction is necessary to prevent the failure or minimise its impact.\ns 358 amd 2010 No. 20 s 157\n- (a) there is danger of the failure of— (i) a referable dam; or (ii) another dam (whether or not a failure impact assessment has been carried out for the dam), if the chief executive reasonably believes the dam would have a category 1 or category 2 failure impact rating if an assessment or another assessment were carried out for the dam; and\n- (i) a referable dam; or\n- (ii) another dam (whether or not a failure impact assessment has been carried out for the dam), if the chief executive reasonably believes the dam would have a category 1 or category 2 failure impact rating if an assessment or another assessment were carried out for the dam; and\n- (b) action is necessary to prevent the failure or minimise its impact.\n- (i) a referable dam; or\n- (ii) another dam (whether or not a failure impact assessment has been carried out for the dam), if the chief executive reasonably believes the dam would have a category 1 or category 2 failure impact rating if an assessment or another assessment were carried out for the dam; and","sortOrder":389},{"sectionNumber":"sec.359","sectionType":"section","heading":"Direction to owner of emergency part of land","content":"### sec.359 Direction to owner of emergency part of land\n\nThe chief executive may, by notice, direct the owner of land on which the part of the dam where the action is necessary is situated (the emergency part ), or the operator of the dam, to take stated reasonable action within a stated reasonable period.\nThe notice—\nis taken to be a compliance notice; and\nif the emergency part is land other than land mentioned in paragraph (c) —attaches to the land and binds the owner of the land and the owner’s successors in title; and\nif the emergency part is land leased from the State under the Land Act 1994 —is taken to be a remedial action notice under the Land Act 1994 , other than for the purposes of a review of, or an appeal against, the decision to give the notice.\nSee chapter 7 (Review, appeals and arbitration).\nThe person to whom the notice is given, and any person bound by the notice under subsection (2) (b) , must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—1,665 penalty units.\nSubsection (3) does not apply if the person to whom the notice is given—\ngives the chief executive notice that the person intends to remove the dam; and\ncomplies with the intention in accordance with any direction given by the chief executive.\ns 359 amd 2010 No. 20 s 159\n(sec.359-ssec.1) The chief executive may, by notice, direct the owner of land on which the part of the dam where the action is necessary is situated (the emergency part ), or the operator of the dam, to take stated reasonable action within a stated reasonable period.\n(sec.359-ssec.2) The notice— is taken to be a compliance notice; and if the emergency part is land other than land mentioned in paragraph (c) —attaches to the land and binds the owner of the land and the owner’s successors in title; and if the emergency part is land leased from the State under the Land Act 1994 —is taken to be a remedial action notice under the Land Act 1994 , other than for the purposes of a review of, or an appeal against, the decision to give the notice. See chapter 7 (Review, appeals and arbitration).\n(sec.359-ssec.3) The person to whom the notice is given, and any person bound by the notice under subsection (2) (b) , must comply with the notice unless the person has a reasonable excuse. Maximum penalty—1,665 penalty units.\n(sec.359-ssec.4) Subsection (3) does not apply if the person to whom the notice is given— gives the chief executive notice that the person intends to remove the dam; and complies with the intention in accordance with any direction given by the chief executive.\n- (a) is taken to be a compliance notice; and\n- (b) if the emergency part is land other than land mentioned in paragraph (c) —attaches to the land and binds the owner of the land and the owner’s successors in title; and\n- (c) if the emergency part is land leased from the State under the Land Act 1994 —is taken to be a remedial action notice under the Land Act 1994 , other than for the purposes of a review of, or an appeal against, the decision to give the notice. Note— See chapter 7 (Review, appeals and arbitration).\n- (a) gives the chief executive notice that the person intends to remove the dam; and\n- (b) complies with the intention in accordance with any direction given by the chief executive.","sortOrder":390},{"sectionNumber":"sec.359A","sectionType":"section","heading":"Taking immediate action about failure of dam","content":"### sec.359A Taking immediate action about failure of dam\n\nThis section applies if the chief executive is satisfied or reasonably believes—\nthere is danger of the failure of a dam; and\nthe failure is likely to pose a risk to safety or health of the public or an individual; and\nimmediate action is necessary to prevent or minimise the impact of the failure.\nThe chief executive may take reasonable steps or authorise an authorised officer to take reasonable steps to prevent or minimise the impact of the failure.\nSubsection (2) applies even if the chief executive has given a notice under section 359 about the failure.\nIf the chief executive decides to take the reasonable steps, or authorise an authorised officer to take the reasonable steps, the chief executive or officer may—\nwithout a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and\nin taking the steps, exercise any powers of an authorised officer under chapter 5 , part 2 , 3 or 4 .\nBefore entering the place—\nthe chief executive must do or make a reasonable attempt to—\ntell the occupier of the place the chief executive is permitted under this Act to enter the place; and\ngive the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or\nthe authorised officer must do or make a reasonable attempt to—\ncomply with section 405 (1) ; and\ntell the occupier of the place the officer is permitted under this Act to enter the place; and\ngive the occupier an opportunity to allow the officer immediate entry to the place without using force.\nThe chief executive or authorised officer may exercise the powers mentioned in subsection (4) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.\nIn exercising or attempting to exercise the powers relating to a place, the chief executive or authorised officer must take all reasonable steps to ensure the chief executive or officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\nAny reasonable expenses incurred by the chief executive or an authorised officer in doing anything under subsection (4) may be recovered by the chief executive as a debt.\nA debt under subsection (8) bears interest at the rate stated in a regulation.\ns 359A ins 2010 No. 20 s 160\n(sec.359A-ssec.1) This section applies if the chief executive is satisfied or reasonably believes— there is danger of the failure of a dam; and the failure is likely to pose a risk to safety or health of the public or an individual; and immediate action is necessary to prevent or minimise the impact of the failure.\n(sec.359A-ssec.2) The chief executive may take reasonable steps or authorise an authorised officer to take reasonable steps to prevent or minimise the impact of the failure.\n(sec.359A-ssec.3) Subsection (2) applies even if the chief executive has given a notice under section 359 about the failure.\n(sec.359A-ssec.4) If the chief executive decides to take the reasonable steps, or authorise an authorised officer to take the reasonable steps, the chief executive or officer may— without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and in taking the steps, exercise any powers of an authorised officer under chapter 5 , part 2 , 3 or 4 .\n(sec.359A-ssec.5) Before entering the place— the chief executive must do or make a reasonable attempt to— tell the occupier of the place the chief executive is permitted under this Act to enter the place; and give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or the authorised officer must do or make a reasonable attempt to— comply with section 405 (1) ; and tell the occupier of the place the officer is permitted under this Act to enter the place; and give the occupier an opportunity to allow the officer immediate entry to the place without using force.\n(sec.359A-ssec.6) The chief executive or authorised officer may exercise the powers mentioned in subsection (4) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.359A-ssec.7) In exercising or attempting to exercise the powers relating to a place, the chief executive or authorised officer must take all reasonable steps to ensure the chief executive or officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\n(sec.359A-ssec.8) Any reasonable expenses incurred by the chief executive or an authorised officer in doing anything under subsection (4) may be recovered by the chief executive as a debt.\n(sec.359A-ssec.9) A debt under subsection (8) bears interest at the rate stated in a regulation.\n- (a) there is danger of the failure of a dam; and\n- (b) the failure is likely to pose a risk to safety or health of the public or an individual; and\n- (c) immediate action is necessary to prevent or minimise the impact of the failure.\n- (a) without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and\n- (b) in taking the steps, exercise any powers of an authorised officer under chapter 5 , part 2 , 3 or 4 .\n- (a) the chief executive must do or make a reasonable attempt to— (i) tell the occupier of the place the chief executive is permitted under this Act to enter the place; and (ii) give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or\n- (i) tell the occupier of the place the chief executive is permitted under this Act to enter the place; and\n- (ii) give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or\n- (b) the authorised officer must do or make a reasonable attempt to— (i) comply with section 405 (1) ; and (ii) tell the occupier of the place the officer is permitted under this Act to enter the place; and (iii) give the occupier an opportunity to allow the officer immediate entry to the place without using force.\n- (i) comply with section 405 (1) ; and\n- (ii) tell the occupier of the place the officer is permitted under this Act to enter the place; and\n- (iii) give the occupier an opportunity to allow the officer immediate entry to the place without using force.\n- (i) tell the occupier of the place the chief executive is permitted under this Act to enter the place; and\n- (ii) give the occupier an opportunity to allow the chief executive immediate entry to the place without using force; or\n- (i) comply with section 405 (1) ; and\n- (ii) tell the occupier of the place the officer is permitted under this Act to enter the place; and\n- (iii) give the occupier an opportunity to allow the officer immediate entry to the place without using force.","sortOrder":391},{"sectionNumber":"sec.360","sectionType":"section","heading":"Notice for recovering expenses","content":"### sec.360 Notice for recovering expenses\n\nThis section applies if—\na person to whom a notice under section 359 is given does not comply, or does not fully comply, with the notice and the chief executive incurs an expense under section 467 (1) or (3) relating to the notice; or\nthe chief executive or an authorised officer incurs expense in acting under section 359A .\nThe chief executive may give the owner of the land for which the expenses were incurred a notice stating—\nfor action taken under section 467 (1) or (3) —the action taken; and\nfor reasonable steps taken under section 359A —the steps taken; and\nthe amount of the expense incurred (the relevant debt ).\nA notice under subsection (2) is a debt notice .\ns 360 sub 2010 No. 20 s 161\n(sec.360-ssec.1) This section applies if— a person to whom a notice under section 359 is given does not comply, or does not fully comply, with the notice and the chief executive incurs an expense under section 467 (1) or (3) relating to the notice; or the chief executive or an authorised officer incurs expense in acting under section 359A .\n(sec.360-ssec.2) The chief executive may give the owner of the land for which the expenses were incurred a notice stating— for action taken under section 467 (1) or (3) —the action taken; and for reasonable steps taken under section 359A —the steps taken; and the amount of the expense incurred (the relevant debt ).\n(sec.360-ssec.3) A notice under subsection (2) is a debt notice .\n- (a) a person to whom a notice under section 359 is given does not comply, or does not fully comply, with the notice and the chief executive incurs an expense under section 467 (1) or (3) relating to the notice; or\n- (b) the chief executive or an authorised officer incurs expense in acting under section 359A .\n- (a) for action taken under section 467 (1) or (3) —the action taken; and\n- (b) for reasonable steps taken under section 359A —the steps taken; and\n- (c) the amount of the expense incurred (the relevant debt ).","sortOrder":392},{"sectionNumber":"sec.361","sectionType":"section","heading":"Notice in relation to land other than leased State land","content":"### sec.361 Notice in relation to land other than leased State land\n\nIf the chief executive gives a debt notice in relation to land that is not leased from the State under the Land Act 1994 —\nthe relevant debt becomes a charge on the land; and\nthe chief executive must lodge in the land registry—\na request in the appropriate form to register the charge as an encumbrance over the land; and\na certificate signed by the chief executive stating the relevant debt is a charge over the land under this division; and\na copy of the debt notice; and\nthe charge is in addition to any other remedy the chief executive has for recovery of the relevant debt.\nThe chief executive must, as soon as practicable after payment of the relevant debt, lodge in the land registry—\na request in the appropriate form to release the charge; and\na certificate stating that the relevant debt has been paid.\nThe chief executive may at any time lodge in the land registry—\na request to vary or release the charge; and\nfor a request to vary a charge—a certificate stating the type of variation requested.\ns 361 amd 2010 No. 20 s 162\n(sec.361-ssec.1) If the chief executive gives a debt notice in relation to land that is not leased from the State under the Land Act 1994 — the relevant debt becomes a charge on the land; and the chief executive must lodge in the land registry— a request in the appropriate form to register the charge as an encumbrance over the land; and a certificate signed by the chief executive stating the relevant debt is a charge over the land under this division; and a copy of the debt notice; and the charge is in addition to any other remedy the chief executive has for recovery of the relevant debt.\n(sec.361-ssec.2) The chief executive must, as soon as practicable after payment of the relevant debt, lodge in the land registry— a request in the appropriate form to release the charge; and a certificate stating that the relevant debt has been paid.\n(sec.361-ssec.3) The chief executive may at any time lodge in the land registry— a request to vary or release the charge; and for a request to vary a charge—a certificate stating the type of variation requested.\n- (a) the relevant debt becomes a charge on the land; and\n- (b) the chief executive must lodge in the land registry— (i) a request in the appropriate form to register the charge as an encumbrance over the land; and (ii) a certificate signed by the chief executive stating the relevant debt is a charge over the land under this division; and (iii) a copy of the debt notice; and\n- (i) a request in the appropriate form to register the charge as an encumbrance over the land; and\n- (ii) a certificate signed by the chief executive stating the relevant debt is a charge over the land under this division; and\n- (iii) a copy of the debt notice; and\n- (c) the charge is in addition to any other remedy the chief executive has for recovery of the relevant debt.\n- (i) a request in the appropriate form to register the charge as an encumbrance over the land; and\n- (ii) a certificate signed by the chief executive stating the relevant debt is a charge over the land under this division; and\n- (iii) a copy of the debt notice; and\n- (a) a request in the appropriate form to release the charge; and\n- (b) a certificate stating that the relevant debt has been paid.\n- (a) a request to vary or release the charge; and\n- (b) for a request to vary a charge—a certificate stating the type of variation requested.","sortOrder":393},{"sectionNumber":"sec.362","sectionType":"section","heading":"Notice in relation to leased State land","content":"### sec.362 Notice in relation to leased State land\n\nIf the chief executive gives a debt notice in relation to land leased from the State under the Land Act 1994 —\nthe relevant debt is a condition of the lease from the day the notice is given; and\nthe chief executive must lodge in the land registry—\na request in the appropriate form to register the details of the condition; and\na certificate signed by the chief executive stating the details of the relevant debt; and\na copy of the debt notice; and\nthe condition is in addition to any other remedy the chief executive has for recovery of the relevant debt; and\nif the owner has possession of a tenure document for the lease—the owner must return the tenure document to the land registry.\ns 362 amd 2010 No. 20 s 163\n- (a) the relevant debt is a condition of the lease from the day the notice is given; and\n- (b) the chief executive must lodge in the land registry— (i) a request in the appropriate form to register the details of the condition; and (ii) a certificate signed by the chief executive stating the details of the relevant debt; and (iii) a copy of the debt notice; and\n- (i) a request in the appropriate form to register the details of the condition; and\n- (ii) a certificate signed by the chief executive stating the details of the relevant debt; and\n- (iii) a copy of the debt notice; and\n- (c) the condition is in addition to any other remedy the chief executive has for recovery of the relevant debt; and\n- (d) if the owner has possession of a tenure document for the lease—the owner must return the tenure document to the land registry.\n- (i) a request in the appropriate form to register the details of the condition; and\n- (ii) a certificate signed by the chief executive stating the details of the relevant debt; and\n- (iii) a copy of the debt notice; and","sortOrder":394},{"sectionNumber":"sec.363","sectionType":"section","heading":"Form of notice if imminent danger of dam failure","content":"### sec.363 Form of notice if imminent danger of dam failure\n\nThis section applies if the chief executive is satisfied, or reasonably believes—\nthere is imminent danger of the failure of a dam; and\nimmediate action is necessary to prevent or minimise the impact of the failure.\nThe chief executive may give a notice under section 359 (1) verbally or by leaving the notice on the land.\nFor giving notice under subsection (2) , it is sufficient to give the notice to an employee or agent of the owner or operator.\ns 363 amd 2010 No. 20 s 165\n(sec.363-ssec.1) This section applies if the chief executive is satisfied, or reasonably believes— there is imminent danger of the failure of a dam; and immediate action is necessary to prevent or minimise the impact of the failure.\n(sec.363-ssec.2) The chief executive may give a notice under section 359 (1) verbally or by leaving the notice on the land.\n(sec.363-ssec.3) For giving notice under subsection (2) , it is sufficient to give the notice to an employee or agent of the owner or operator.\n- (a) there is imminent danger of the failure of a dam; and\n- (b) immediate action is necessary to prevent or minimise the impact of the failure.","sortOrder":395},{"sectionNumber":"ch.4-pt.1-div.5","sectionType":"division","heading":"General matters","content":"## General matters","sortOrder":396},{"sectionNumber":"sec.364","sectionType":"section","heading":"Liability for loss or damage caused by failure of dam","content":"### sec.364 Liability for loss or damage caused by failure of dam\n\nNothing in this chapter affects the liability of a dam owner or operator for any loss or damage caused by the failure of a dam or the escape of water from the dam.","sortOrder":397},{"sectionNumber":"sec.365","sectionType":"section","heading":"Cancellation of development permit for decommissioned dam","content":"### sec.365 Cancellation of development permit for decommissioned dam\n\nThis section applies if a dam is—\ndecommissioned from use in accordance with a safety condition applying to the dam; or\ndecommissioned from use or removed in compliance with a notice under section 359 (1) ; or\nremoved under section 359 (4) ; or\ndecommissioned from use or removed because of steps taken to prevent or minimise the impact of the failure of the dam under section 359A .\nFor this Act and the Planning Act , the development permit for the dam is taken to be cancelled and of no effect on and from the day the dam is decommissioned from use or removed.\nThe chief executive must, as soon as practicable after the dam is decommissioned from use or removed, give the local government for the area in which the dam is located notice of the decommissioning or removal.\ns 365 sub 2010 No. 20 s 166\n(sec.365-ssec.1) This section applies if a dam is— decommissioned from use in accordance with a safety condition applying to the dam; or decommissioned from use or removed in compliance with a notice under section 359 (1) ; or removed under section 359 (4) ; or decommissioned from use or removed because of steps taken to prevent or minimise the impact of the failure of the dam under section 359A .\n(sec.365-ssec.2) For this Act and the Planning Act , the development permit for the dam is taken to be cancelled and of no effect on and from the day the dam is decommissioned from use or removed.\n(sec.365-ssec.3) The chief executive must, as soon as practicable after the dam is decommissioned from use or removed, give the local government for the area in which the dam is located notice of the decommissioning or removal.\n- (a) decommissioned from use in accordance with a safety condition applying to the dam; or\n- (b) decommissioned from use or removed in compliance with a notice under section 359 (1) ; or\n- (c) removed under section 359 (4) ; or\n- (d) decommissioned from use or removed because of steps taken to prevent or minimise the impact of the failure of the dam under section 359A .","sortOrder":398},{"sectionNumber":"sec.366","sectionType":"section","heading":"Changes in dam ownership","content":"### sec.366 Changes in dam ownership\n\nThis section applies if there is a change in ownership of—\na referable dam; or\na dam that has been failure impact assessed under this part and of which a further failure impact assessment is required to be completed under section 345 (2) (b) .\nThe former owner of the dam must, within 10 business days after the change in ownership of the dam, give the chief executive notice of the change.\nUnder chapter 5 , part 8 , division 2 , the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.\nThe notice must state—\nthe name of the dam; and\nthe date of the change in ownership; and\nthe real property description of the land on which the dam is situated; and\ncontact details for the new owner, including, for example, the new owner’s name and address; and\nif the new owner is a corporation—\nthe new owner’s ABN or ACN; and\nthe name of the new owner’s chief executive officer (however described).\nThe former owner of the dam must ensure all relevant documentation for the dam is given to the new owner of the dam within 10 business days after the change in ownership of the dam.\nUnder chapter 5 , part 8 , division 2 , the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.\nIn this section—\nrelevant documentation , for a dam, means—\ndocumentation required for the dam under chapter 4 , including, for example, documentation required for the dam under a safety condition; or\ndocumentation under chapter 5 that relates to the dam, including, for example, a compliance notice relating to the dam.\ns 366 ins 2010 No. 20 s 166\nsub 2019 No. 17 s 351\n(sec.366-ssec.1) This section applies if there is a change in ownership of— a referable dam; or a dam that has been failure impact assessed under this part and of which a further failure impact assessment is required to be completed under section 345 (2) (b) .\n(sec.366-ssec.2) The former owner of the dam must, within 10 business days after the change in ownership of the dam, give the chief executive notice of the change. Under chapter 5 , part 8 , division 2 , the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.\n(sec.366-ssec.3) The notice must state— the name of the dam; and the date of the change in ownership; and the real property description of the land on which the dam is situated; and contact details for the new owner, including, for example, the new owner’s name and address; and if the new owner is a corporation— the new owner’s ABN or ACN; and the name of the new owner’s chief executive officer (however described).\n(sec.366-ssec.4) The former owner of the dam must ensure all relevant documentation for the dam is given to the new owner of the dam within 10 business days after the change in ownership of the dam. Under chapter 5 , part 8 , division 2 , the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.\n(sec.366-ssec.5) In this section— relevant documentation , for a dam, means— documentation required for the dam under chapter 4 , including, for example, documentation required for the dam under a safety condition; or documentation under chapter 5 that relates to the dam, including, for example, a compliance notice relating to the dam.\n- (a) a referable dam; or\n- (b) a dam that has been failure impact assessed under this part and of which a further failure impact assessment is required to be completed under section 345 (2) (b) .\n- (a) the name of the dam; and\n- (b) the date of the change in ownership; and\n- (c) the real property description of the land on which the dam is situated; and\n- (d) contact details for the new owner, including, for example, the new owner’s name and address; and\n- (e) if the new owner is a corporation— (i) the new owner’s ABN or ACN; and (ii) the name of the new owner’s chief executive officer (however described).\n- (i) the new owner’s ABN or ACN; and\n- (ii) the name of the new owner’s chief executive officer (however described).\n- (i) the new owner’s ABN or ACN; and\n- (ii) the name of the new owner’s chief executive officer (however described).\n- (a) documentation required for the dam under chapter 4 , including, for example, documentation required for the dam under a safety condition; or\n- (b) documentation under chapter 5 that relates to the dam, including, for example, a compliance notice relating to the dam.","sortOrder":399},{"sectionNumber":"sec.367","sectionType":"section","heading":"Sections 367 –369 not used","content":"### sec.367 Sections 367 –369 not used\n\nSee editor’s note for section 1 .\ns 367 sub 2019 No. 17 s 351","sortOrder":400},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Flood mitigation manuals and reporting","content":"# Flood mitigation manuals and reporting","sortOrder":401},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":402},{"sectionNumber":"sec.370","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.370 Definitions for pt 2\n\nIn this part—\nalternative procedure see section 378 (b) (ii) .\nannual preparedness report see section 375 (a) .\napproval period see section 371G (2) .\napproved flood mitigation manual means a flood mitigation manual approved under section 371E (1) (a) or 372 (3) .\nauthorisation request information see section 379 (1) .\nauthorised alternative procedure see sections 380 (2) and 381 (3) .\ns 370 def authorised alternative procedure amd 2014 No. 51 s 39\nexisting procedure see section 378 (b) (i) .\nflood event see section 371 .\nflood event interim report see section 384 (2) (a) .\nflood event report see section 383 (2) .\nflood mitigation manual , for a dam, means a manual of the operational procedures for flood mitigation for the dam that complies with section 371D .\nforecast system , for a dam, see section 371D (e) .\nresponsible person , under a flood mitigation manual, see section 371D (d) (i) .\ns 370 sub 2012 No. 29 s 29","sortOrder":403},{"sectionNumber":"sec.371","sectionType":"section","heading":"What is a flood event","content":"### sec.371 What is a flood event\n\nA flood event , for a dam, is a circumstance in relation to which—\nthere is a reasonable likelihood that the level of the water surface of the dam may exceed its full supply level; and\nif the level of the water surface were to exceed the full supply level, it would be reasonable to release the excess water only by opening the gates of the dam.\ns 371 sub 2012 No. 29 s 29\n- (a) there is a reasonable likelihood that the level of the water surface of the dam may exceed its full supply level; and\n- (b) if the level of the water surface were to exceed the full supply level, it would be reasonable to release the excess water only by opening the gates of the dam.","sortOrder":404},{"sectionNumber":"sec.371A","sectionType":"section","heading":"Application of pt 2","content":"### sec.371A Application of pt 2\n\nThis part applies to a referable dam prescribed under a regulation for this section.\nA referable dam may be prescribed under subsection (1) only if the Minister, having regard to the following, considers the dam requires a flood mitigation manual—\nwhether the dam has significant water storage capacity exceeding the full supply level of the dam;\nwhether the dam can be safely and effectively operated under a flood mitigation manual to—\nmoderate the rate of outflow from the dam; and\navoid significant damage to property caused by outflow from the dam.\nFor the application of this section to a dam for which there is an existing flood mitigation manual, see section 649 .\ns 371A ins 2012 No. 29 s 29\n(sec.371A-ssec.1) This part applies to a referable dam prescribed under a regulation for this section.\n(sec.371A-ssec.2) A referable dam may be prescribed under subsection (1) only if the Minister, having regard to the following, considers the dam requires a flood mitigation manual— whether the dam has significant water storage capacity exceeding the full supply level of the dam; whether the dam can be safely and effectively operated under a flood mitigation manual to— moderate the rate of outflow from the dam; and avoid significant damage to property caused by outflow from the dam. For the application of this section to a dam for which there is an existing flood mitigation manual, see section 649 .\n- (a) whether the dam has significant water storage capacity exceeding the full supply level of the dam;\n- (b) whether the dam can be safely and effectively operated under a flood mitigation manual to— (i) moderate the rate of outflow from the dam; and (ii) avoid significant damage to property caused by outflow from the dam.\n- (i) moderate the rate of outflow from the dam; and\n- (ii) avoid significant damage to property caused by outflow from the dam.\n- (i) moderate the rate of outflow from the dam; and\n- (ii) avoid significant damage to property caused by outflow from the dam.","sortOrder":405},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Preparation of flood mitigation manuals","content":"## Preparation of flood mitigation manuals","sortOrder":406},{"sectionNumber":"sec.371B","sectionType":"section","heading":"Requirement for approved flood mitigation manual","content":"### sec.371B Requirement for approved flood mitigation manual\n\nThe owner of a referable dam to which this part applies must have an approved flood mitigation manual for the dam.\ns 371B ins 2012 No. 29 s 29","sortOrder":407},{"sectionNumber":"sec.371C","sectionType":"section","heading":"Requirement to prepare flood mitigation manual","content":"### sec.371C Requirement to prepare flood mitigation manual\n\nThe owner of the dam must prepare a flood mitigation manual for the dam under this division and give it to the Minister for approval within 6 months after the dam is prescribed under section 371A (1) .\nMaximum penalty—1,665 penalty units.\ns 371C ins 2012 No. 29 s 29","sortOrder":408},{"sectionNumber":"sec.371D","sectionType":"section","heading":"Content of manual","content":"### sec.371D Content of manual\n\nThe flood mitigation manual must—\nstate the objectives for flood mitigation for the dam and their importance relative to each other; and\nstate—\nthe operational strategies required to achieve the objectives for flood mitigation for the dam; and\nhow the operational strategies achieve an appropriate balance in relation to the matters mentioned in section 371F (c) ; and\nstate the operational procedures required to achieve the operational strategies for flood mitigation for the dam including—\nthe operational procedures for releasing water from the dam in response to a flood event; and\nvariations to the operational procedures under subparagraph (i) to deal with urgent circumstances; and\noperational procedures to be followed if communications among any of the responsible persons are disrupted during a flood event\nthe operational procedures for releasing water from the dam in response to the declaration of a temporary full supply level for the dam; and\nstate—\nthe role and responsibilities of each person (a responsible person ) who is required to carry out operational procedures for flood mitigation under the manual; and\nthe qualifications and experience each responsible person must have; and\nthe training each responsible person must complete; and\nthe procedures that are required to be carried out by or for the owner of the dam to verify the qualifications, experience and training for each responsible person; and\nprovide for a system (the forecast system ) to forecast—\nthe amount of rainfall in, or affecting, the catchment area of the dam; and\nthe amount of inflow to the dam; and\nthe amount of outflow from the dam required under the manual; and\nthe level of the water surface of the dam required under the manual; and\nstate any other relevant matter prescribed under a regulation.\ns 371D ins 2012 No. 29 s 29\n- (a) state the objectives for flood mitigation for the dam and their importance relative to each other; and\n- (b) state— (i) the operational strategies required to achieve the objectives for flood mitigation for the dam; and (ii) how the operational strategies achieve an appropriate balance in relation to the matters mentioned in section 371F (c) ; and\n- (i) the operational strategies required to achieve the objectives for flood mitigation for the dam; and\n- (ii) how the operational strategies achieve an appropriate balance in relation to the matters mentioned in section 371F (c) ; and\n- (c) state the operational procedures required to achieve the operational strategies for flood mitigation for the dam including— (i) the operational procedures for releasing water from the dam in response to a flood event; and (ii) variations to the operational procedures under subparagraph (i) to deal with urgent circumstances; and Example— operational procedures to be followed if communications among any of the responsible persons are disrupted during a flood event (iii) the operational procedures for releasing water from the dam in response to the declaration of a temporary full supply level for the dam; and\n- (i) the operational procedures for releasing water from the dam in response to a flood event; and\n- (ii) variations to the operational procedures under subparagraph (i) to deal with urgent circumstances; and Example— operational procedures to be followed if communications among any of the responsible persons are disrupted during a flood event\n- (iii) the operational procedures for releasing water from the dam in response to the declaration of a temporary full supply level for the dam; and\n- (d) state— (i) the role and responsibilities of each person (a responsible person ) who is required to carry out operational procedures for flood mitigation under the manual; and (ii) the qualifications and experience each responsible person must have; and (iii) the training each responsible person must complete; and (iv) the procedures that are required to be carried out by or for the owner of the dam to verify the qualifications, experience and training for each responsible person; and\n- (i) the role and responsibilities of each person (a responsible person ) who is required to carry out operational procedures for flood mitigation under the manual; and\n- (ii) the qualifications and experience each responsible person must have; and\n- (iii) the training each responsible person must complete; and\n- (iv) the procedures that are required to be carried out by or for the owner of the dam to verify the qualifications, experience and training for each responsible person; and\n- (e) provide for a system (the forecast system ) to forecast— (i) the amount of rainfall in, or affecting, the catchment area of the dam; and (ii) the amount of inflow to the dam; and (iii) the amount of outflow from the dam required under the manual; and (iv) the level of the water surface of the dam required under the manual; and\n- (i) the amount of rainfall in, or affecting, the catchment area of the dam; and\n- (ii) the amount of inflow to the dam; and\n- (iii) the amount of outflow from the dam required under the manual; and\n- (iv) the level of the water surface of the dam required under the manual; and\n- (f) state any other relevant matter prescribed under a regulation.\n- (i) the operational strategies required to achieve the objectives for flood mitigation for the dam; and\n- (ii) how the operational strategies achieve an appropriate balance in relation to the matters mentioned in section 371F (c) ; and\n- (i) the operational procedures for releasing water from the dam in response to a flood event; and\n- (ii) variations to the operational procedures under subparagraph (i) to deal with urgent circumstances; and Example— operational procedures to be followed if communications among any of the responsible persons are disrupted during a flood event\n- (iii) the operational procedures for releasing water from the dam in response to the declaration of a temporary full supply level for the dam; and\n- (i) the role and responsibilities of each person (a responsible person ) who is required to carry out operational procedures for flood mitigation under the manual; and\n- (ii) the qualifications and experience each responsible person must have; and\n- (iii) the training each responsible person must complete; and\n- (iv) the procedures that are required to be carried out by or for the owner of the dam to verify the qualifications, experience and training for each responsible person; and\n- (i) the amount of rainfall in, or affecting, the catchment area of the dam; and\n- (ii) the amount of inflow to the dam; and\n- (iii) the amount of outflow from the dam required under the manual; and\n- (iv) the level of the water surface of the dam required under the manual; and","sortOrder":409},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Approving flood mitigation manuals","content":"## Approving flood mitigation manuals","sortOrder":410},{"sectionNumber":"sec.371E","sectionType":"section","heading":"Minister to consider manual","content":"### sec.371E Minister to consider manual\n\nThe Minister must consider a flood mitigation manual given to the Minister for approval and decide to—\napprove it; or\nrefuse to approve it.\nThe Minister may get advice from an advisory council for deciding whether or not to approve the manual.\ns 371E ins 2012 No. 29 s 29\n(sec.371E-ssec.1) The Minister must consider a flood mitigation manual given to the Minister for approval and decide to— approve it; or refuse to approve it.\n(sec.371E-ssec.2) The Minister may get advice from an advisory council for deciding whether or not to approve the manual.\n- (a) approve it; or\n- (b) refuse to approve it.","sortOrder":411},{"sectionNumber":"sec.371F","sectionType":"section","heading":"Criteria for approving manual","content":"### sec.371F Criteria for approving manual\n\nThe Minister may approve the flood mitigation manual only if satisfied—\nthe manual complies with section 371D ; and\nthe carrying out of the operational strategies and operational procedures under the manual would minimise risk to human life and safety; and\nthe manual achieves an appropriate balance in relation to each of the following—\npreventing failure of the dam, including, for example, by protecting the structural integrity of the dam;\nminimising risk to property;\nminimising disruption to transport;\nmaintaining the full supply level for the dam after a flood event;\nminimising environmental impacts on the stability of banks of watercourses and on riparian flora and fauna.\ns 371F ins 2012 No. 29 s 29\n- (a) the manual complies with section 371D ; and\n- (b) the carrying out of the operational strategies and operational procedures under the manual would minimise risk to human life and safety; and\n- (c) the manual achieves an appropriate balance in relation to each of the following— (i) preventing failure of the dam, including, for example, by protecting the structural integrity of the dam; (ii) minimising risk to property; (iii) minimising disruption to transport; (iv) maintaining the full supply level for the dam after a flood event; (v) minimising environmental impacts on the stability of banks of watercourses and on riparian flora and fauna.\n- (i) preventing failure of the dam, including, for example, by protecting the structural integrity of the dam;\n- (ii) minimising risk to property;\n- (iii) minimising disruption to transport;\n- (iv) maintaining the full supply level for the dam after a flood event;\n- (v) minimising environmental impacts on the stability of banks of watercourses and on riparian flora and fauna.\n- (i) preventing failure of the dam, including, for example, by protecting the structural integrity of the dam;\n- (ii) minimising risk to property;\n- (iii) minimising disruption to transport;\n- (iv) maintaining the full supply level for the dam after a flood event;\n- (v) minimising environmental impacts on the stability of banks of watercourses and on riparian flora and fauna.","sortOrder":412},{"sectionNumber":"sec.371G","sectionType":"section","heading":"Approval of manual","content":"### sec.371G Approval of manual\n\nIf the Minister approves the flood mitigation manual, the Minister must notify the approval by gazette notice.\nThe approval must be for a period of no more than 5 years (the approval period ) stated in the gazette notice.\ns 371G ins 2012 No. 29 s 29\n(sec.371G-ssec.1) If the Minister approves the flood mitigation manual, the Minister must notify the approval by gazette notice.\n(sec.371G-ssec.2) The approval must be for a period of no more than 5 years (the approval period ) stated in the gazette notice.","sortOrder":413},{"sectionNumber":"sec.371H","sectionType":"section","heading":"Refusal to approve manual","content":"### sec.371H Refusal to approve manual\n\nIf the Minister decides to refuse to approve the flood mitigation manual, the Minister must give the owner of the dam a notice directing the owner to prepare a new flood mitigation manual and give it to the Minister within a stated period of at least 30 business days after receiving the notice.\nThe owner of the dam must comply with the notice.\nMaximum penalty—1,665 penalty units.\ns 371H ins 2012 No. 29 s 29\n(sec.371H-ssec.1) If the Minister decides to refuse to approve the flood mitigation manual, the Minister must give the owner of the dam a notice directing the owner to prepare a new flood mitigation manual and give it to the Minister within a stated period of at least 30 business days after receiving the notice.\n(sec.371H-ssec.2) The owner of the dam must comply with the notice. Maximum penalty—1,665 penalty units.","sortOrder":414},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Amending and reviewing flood mitigation manuals","content":"## Amending and reviewing flood mitigation manuals","sortOrder":415},{"sectionNumber":"sec.372","sectionType":"section","heading":"Amending flood mitigation manual","content":"### sec.372 Amending flood mitigation manual\n\nThe Minister may require the owner of a dam, by notice, to amend the flood mitigation manual for the dam.\nThe owner must comply with the requirement.\nIf the owner complies with the requirement, the Minister must, by gazette notice, approve the manual as amended.\nThe approval of the manual as amended must be for—\nthe balance of the period of the approval for the manual before the amendment; or\na period of not more than 5 years from the day the manual as amended was approved.\nThe Minister may get advice from an advisory council before approving the manual as amended.\ns 372 amd 2012 No. 29 s 30\n(sec.372-ssec.1) The Minister may require the owner of a dam, by notice, to amend the flood mitigation manual for the dam.\n(sec.372-ssec.2) The owner must comply with the requirement.\n(sec.372-ssec.3) If the owner complies with the requirement, the Minister must, by gazette notice, approve the manual as amended.\n(sec.372-ssec.4) The approval of the manual as amended must be for— the balance of the period of the approval for the manual before the amendment; or a period of not more than 5 years from the day the manual as amended was approved.\n(sec.372-ssec.5) The Minister may get advice from an advisory council before approving the manual as amended.\n- (a) the balance of the period of the approval for the manual before the amendment; or\n- (b) a period of not more than 5 years from the day the manual as amended was approved.","sortOrder":416},{"sectionNumber":"sec.373","sectionType":"section","heading":"Regular reviews of flood mitigation manual","content":"### sec.373 Regular reviews of flood mitigation manual\n\nBefore an approval for the flood mitigation manual for a dam expires, the owner of the dam must—\nreview, and if necessary, update the manual; and\ngive the Minister a copy of it for the Minister’s approval under division 3 .\ns 373 amd 2012 No. 29 s 31\n- (a) review, and if necessary, update the manual; and\n- (b) give the Minister a copy of it for the Minister’s approval under division 3 .","sortOrder":417},{"sectionNumber":"ch.4-pt.2-div.5","sectionType":"division","heading":"Renewing flood mitigation manuals","content":"## Renewing flood mitigation manuals","sortOrder":418},{"sectionNumber":"sec.374","sectionType":"section","heading":"Preparation and submission of new manual","content":"### sec.374 Preparation and submission of new manual\n\nThis section applies if an approved flood mitigation manual for a dam is in force.\nThe owner of the dam must prepare a new flood mitigation manual for the dam and give it to the Minister for approval under division 3 at least 1 month before the end of the approval period for the manual.\nMaximum penalty—1,665 penalty units.\ns 374 sub 2012 No. 29 s 32\n(sec.374-ssec.1) This section applies if an approved flood mitigation manual for a dam is in force.\n(sec.374-ssec.2) The owner of the dam must prepare a new flood mitigation manual for the dam and give it to the Minister for approval under division 3 at least 1 month before the end of the approval period for the manual. Maximum penalty—1,665 penalty units.","sortOrder":419},{"sectionNumber":"ch.4-pt.2-div.6","sectionType":"division","heading":"Annual preparedness reports","content":"## Annual preparedness reports","sortOrder":420},{"sectionNumber":"sec.375","sectionType":"section","heading":"Dam owner must prepare and submit report","content":"### sec.375 Dam owner must prepare and submit report\n\nThe owner of a referable dam to which this part applies must after 1 August and before 1 September each year—\nprepare a report (an annual preparedness report ) under this division about the level of preparedness of the dam for a flood event under its flood mitigation manual; and\ngive the report to the chief executive.\nMaximum penalty—1,665 penalty units.\ns 375 sub 2012 No. 29 s 32\n- (a) prepare a report (an annual preparedness report ) under this division about the level of preparedness of the dam for a flood event under its flood mitigation manual; and\n- (b) give the report to the chief executive.","sortOrder":421},{"sectionNumber":"sec.376","sectionType":"section","heading":"Content of report","content":"### sec.376 Content of report\n\nThe annual preparedness report must—\nstate the names, contact details and current qualifications and experience of, and training completed by each person—\nwho was a responsible person under the flood mitigation manual in the reporting period; and\nwhom the owner of the dam expects will be a responsible person under the manual before the next annual preparedness report for the dam is prepared; and\nbe accompanied by documents evidencing the current qualifications, experience and training; and\na current certificate of registration as a registered professional engineer under the Professional Engineers Act 2002\ndescribe the training given to each responsible person for carrying out his or her role and responsibilities under the manual in the reporting period, including the following—\nwho gave the training and to whom it was given;\nthe type of training given;\nwhen the training was given and its duration; and\ninclude an assessment of the suitability of communication equipment for use by the responsible persons for carrying out their roles and responsibilities under the manual; and\ncomputer equipment for sending email, CB or other two-way radio, mobile telephone, satellite telephone\ninclude an assessment of the following—\nthe current adequacy of the forecast system for the dam and the supporting network for the forecast system;\nthe demonstrated adequacy of the forecast system and supporting network in the reporting period.\nIn this section—\ndemonstrated adequacy , of a forecast system, includes—\nthe reliability of the system that has been demonstrated generally and under flood conditions, if relevant, in the reporting period; and\nthe accuracy of forecasts of inflow using the system compared to measured rainfall and inflow in the reporting period; and\nthe accuracy of forecasts of the required outflow and the water surface level of the dam using the system compared to the measured outflow and water surface level in the reporting period.\nreporting period means—\nfor the first annual preparedness report after a flood mitigation manual is approved for the dam—the period since the approval; or\notherwise—the period since the last annual preparedness report for the dam was given to the chief executive.\nSee also section 650 .\nsupporting network , for a forecast system for a dam, means the infrastructure that enables the forecast system to be used effectively under the dam’s flood mitigation manual.\na gauging station at which rainfall or water level can be measured\ns 376 ins 2012 No. 29 s 32\n(sec.376-ssec.1) The annual preparedness report must— state the names, contact details and current qualifications and experience of, and training completed by each person— who was a responsible person under the flood mitigation manual in the reporting period; and whom the owner of the dam expects will be a responsible person under the manual before the next annual preparedness report for the dam is prepared; and be accompanied by documents evidencing the current qualifications, experience and training; and a current certificate of registration as a registered professional engineer under the Professional Engineers Act 2002 describe the training given to each responsible person for carrying out his or her role and responsibilities under the manual in the reporting period, including the following— who gave the training and to whom it was given; the type of training given; when the training was given and its duration; and include an assessment of the suitability of communication equipment for use by the responsible persons for carrying out their roles and responsibilities under the manual; and computer equipment for sending email, CB or other two-way radio, mobile telephone, satellite telephone include an assessment of the following— the current adequacy of the forecast system for the dam and the supporting network for the forecast system; the demonstrated adequacy of the forecast system and supporting network in the reporting period.\n(sec.376-ssec.2) In this section— demonstrated adequacy , of a forecast system, includes— the reliability of the system that has been demonstrated generally and under flood conditions, if relevant, in the reporting period; and the accuracy of forecasts of inflow using the system compared to measured rainfall and inflow in the reporting period; and the accuracy of forecasts of the required outflow and the water surface level of the dam using the system compared to the measured outflow and water surface level in the reporting period. reporting period means— for the first annual preparedness report after a flood mitigation manual is approved for the dam—the period since the approval; or otherwise—the period since the last annual preparedness report for the dam was given to the chief executive. See also section 650 . supporting network , for a forecast system for a dam, means the infrastructure that enables the forecast system to be used effectively under the dam’s flood mitigation manual. a gauging station at which rainfall or water level can be measured\n- (a) state the names, contact details and current qualifications and experience of, and training completed by each person— (i) who was a responsible person under the flood mitigation manual in the reporting period; and (ii) whom the owner of the dam expects will be a responsible person under the manual before the next annual preparedness report for the dam is prepared; and\n- (i) who was a responsible person under the flood mitigation manual in the reporting period; and\n- (ii) whom the owner of the dam expects will be a responsible person under the manual before the next annual preparedness report for the dam is prepared; and\n- (b) be accompanied by documents evidencing the current qualifications, experience and training; and Example— a current certificate of registration as a registered professional engineer under the Professional Engineers Act 2002\n- (c) describe the training given to each responsible person for carrying out his or her role and responsibilities under the manual in the reporting period, including the following— (i) who gave the training and to whom it was given; (ii) the type of training given; (iii) when the training was given and its duration; and\n- (i) who gave the training and to whom it was given;\n- (ii) the type of training given;\n- (iii) when the training was given and its duration; and\n- (d) include an assessment of the suitability of communication equipment for use by the responsible persons for carrying out their roles and responsibilities under the manual; and Examples of communication equipment— computer equipment for sending email, CB or other two-way radio, mobile telephone, satellite telephone\n- (e) include an assessment of the following— (i) the current adequacy of the forecast system for the dam and the supporting network for the forecast system; (ii) the demonstrated adequacy of the forecast system and supporting network in the reporting period.\n- (i) the current adequacy of the forecast system for the dam and the supporting network for the forecast system;\n- (ii) the demonstrated adequacy of the forecast system and supporting network in the reporting period.\n- (i) who was a responsible person under the flood mitigation manual in the reporting period; and\n- (ii) whom the owner of the dam expects will be a responsible person under the manual before the next annual preparedness report for the dam is prepared; and\n- (i) who gave the training and to whom it was given;\n- (ii) the type of training given;\n- (iii) when the training was given and its duration; and\n- (i) the current adequacy of the forecast system for the dam and the supporting network for the forecast system;\n- (ii) the demonstrated adequacy of the forecast system and supporting network in the reporting period.\n- (a) the reliability of the system that has been demonstrated generally and under flood conditions, if relevant, in the reporting period; and\n- (b) the accuracy of forecasts of inflow using the system compared to measured rainfall and inflow in the reporting period; and\n- (c) the accuracy of forecasts of the required outflow and the water surface level of the dam using the system compared to the measured outflow and water surface level in the reporting period.\n- (a) for the first annual preparedness report after a flood mitigation manual is approved for the dam—the period since the approval; or\n- (b) otherwise—the period since the last annual preparedness report for the dam was given to the chief executive.","sortOrder":422},{"sectionNumber":"ch.4-pt.2-div.7","sectionType":"division","heading":"Qualifications, experience and training for responsible persons","content":"## Qualifications, experience and training for responsible persons","sortOrder":423},{"sectionNumber":"sec.377","sectionType":"section","heading":"Chief executive may require dam owner to ensure responsible person has qualifications etc.","content":"### sec.377 Chief executive may require dam owner to ensure responsible person has qualifications etc.\n\nThis section applies if the chief executive considers it appropriate that a responsible person under a flood mitigation manual for a dam has particular qualifications or experience or has completed particular training for the safe and effective operation of the dam.\nThe chief executive may, by notice given to the owner of the dam, require the owner to ensure that the responsible person has the qualifications or experience, or has completed the training, stated in the notice.\nThe notice may identify a responsible person by reference to the person’s position or title.\nIf the chief executive gives the owner of the dam a notice under subsection (2) , the owner must comply with the notice.\nMaximum penalty—1,665 penalty units.\nIn this section—\nresponsible person includes a class of responsible persons.\ns 377 ins 2012 No. 29 s 32\n(sec.377-ssec.1) This section applies if the chief executive considers it appropriate that a responsible person under a flood mitigation manual for a dam has particular qualifications or experience or has completed particular training for the safe and effective operation of the dam.\n(sec.377-ssec.2) The chief executive may, by notice given to the owner of the dam, require the owner to ensure that the responsible person has the qualifications or experience, or has completed the training, stated in the notice.\n(sec.377-ssec.3) The notice may identify a responsible person by reference to the person’s position or title.\n(sec.377-ssec.4) If the chief executive gives the owner of the dam a notice under subsection (2) , the owner must comply with the notice. Maximum penalty—1,665 penalty units.\n(sec.377-ssec.5) In this section— responsible person includes a class of responsible persons.","sortOrder":424},{"sectionNumber":"ch.4-pt.2-div.8","sectionType":"division","heading":"Authorising alternative operational procedures","content":"## Authorising alternative operational procedures","sortOrder":425},{"sectionNumber":"sec.378","sectionType":"section","heading":"Application of div 8","content":"### sec.378 Application of div 8\n\nThis division applies if a flood event for a dam happens and the owner of the dam reasonably considers that—\nan operational strategy under the flood mitigation manual for the dam does not provide or does not adequately provide for the flood event or an aspect of the flood event; and\nto achieve an objective under the flood mitigation manual and respond effectively to the flood event it is necessary to—\ndisregard an operational procedure under the manual (the existing procedure ) that would, other than for this division, apply under the manual; and\nobserve a different operational procedure (the alternative procedure ).\ns 378 ins 2012 No. 29 s 32\n- (a) an operational strategy under the flood mitigation manual for the dam does not provide or does not adequately provide for the flood event or an aspect of the flood event; and\n- (b) to achieve an objective under the flood mitigation manual and respond effectively to the flood event it is necessary to— (i) disregard an operational procedure under the manual (the existing procedure ) that would, other than for this division, apply under the manual; and (ii) observe a different operational procedure (the alternative procedure ).\n- (i) disregard an operational procedure under the manual (the existing procedure ) that would, other than for this division, apply under the manual; and\n- (ii) observe a different operational procedure (the alternative procedure ).\n- (i) disregard an operational procedure under the manual (the existing procedure ) that would, other than for this division, apply under the manual; and\n- (ii) observe a different operational procedure (the alternative procedure ).","sortOrder":426},{"sectionNumber":"sec.379","sectionType":"section","heading":"Dam owner must seek authorisation for alternative procedure","content":"### sec.379 Dam owner must seek authorisation for alternative procedure\n\nThe owner of the dam must, as soon as practicable, give the chief executive the following information (the authorisation request information )—\nthe grounds for considering the matters mentioned in section 378 ;\nthe facts and circumstances that are the basis for the grounds;\ninformation to identify the existing procedure;\ndetails of the alternative procedure;\nthe time by which the owner of the dam would need the chief executive to make a decision under section 380 for the owner to be able to respond effectively to the flood event;\nother information to enable the chief executive to make a decision under section 380 .\nThe owner of the dam may give the chief executive the authorisation request information orally.\nHowever, the owner of the dam must record the authorisation request information in writing as soon as practicable after giving the chief executive the information orally.\nSubsection (1) applies subject to section 381 .\ns 379 ins 2012 No. 29 s 32\namd 2014 No. 51 s 40\n(sec.379-ssec.1) The owner of the dam must, as soon as practicable, give the chief executive the following information (the authorisation request information )— the grounds for considering the matters mentioned in section 378 ; the facts and circumstances that are the basis for the grounds; information to identify the existing procedure; details of the alternative procedure; the time by which the owner of the dam would need the chief executive to make a decision under section 380 for the owner to be able to respond effectively to the flood event; other information to enable the chief executive to make a decision under section 380 .\n(sec.379-ssec.2) The owner of the dam may give the chief executive the authorisation request information orally.\n(sec.379-ssec.3) However, the owner of the dam must record the authorisation request information in writing as soon as practicable after giving the chief executive the information orally.\n(sec.379-ssec.4) Subsection (1) applies subject to section 381 .\n- (a) the grounds for considering the matters mentioned in section 378 ;\n- (b) the facts and circumstances that are the basis for the grounds;\n- (c) information to identify the existing procedure;\n- (d) details of the alternative procedure;\n- (e) the time by which the owner of the dam would need the chief executive to make a decision under section 380 for the owner to be able to respond effectively to the flood event;\n- (f) other information to enable the chief executive to make a decision under section 380 .","sortOrder":427},{"sectionNumber":"sec.380","sectionType":"section","heading":"Chief executive must decide whether or not to authorise alternative procedure","content":"### sec.380 Chief executive must decide whether or not to authorise alternative procedure\n\nThe chief executive must, as soon as practicable after receiving the authorisation request information—\ndecide whether or not to authorise the owner of the dam to disregard the existing procedure and observe the alternative procedure; and\nadvise the owner of the dam of the decision.\nIf the chief executive decides to authorise the owner of the dam to observe the alternative procedure, the alternative procedure is an authorised alternative procedure .\nThe chief executive may orally advise the owner of the dam of the decision.\nHowever, the chief executive must, as soon as practicable, give the owner of the dam a notice of the decision including—\na summary of the authorisation request information given to the chief executive; and\nthe reasons for the decision, having regard to the authorisation request information.\ns 380 ins 2012 No. 29 s 32\n(sec.380-ssec.1) The chief executive must, as soon as practicable after receiving the authorisation request information— decide whether or not to authorise the owner of the dam to disregard the existing procedure and observe the alternative procedure; and advise the owner of the dam of the decision.\n(sec.380-ssec.2) If the chief executive decides to authorise the owner of the dam to observe the alternative procedure, the alternative procedure is an authorised alternative procedure .\n(sec.380-ssec.3) The chief executive may orally advise the owner of the dam of the decision.\n(sec.380-ssec.4) However, the chief executive must, as soon as practicable, give the owner of the dam a notice of the decision including— a summary of the authorisation request information given to the chief executive; and the reasons for the decision, having regard to the authorisation request information.\n- (a) decide whether or not to authorise the owner of the dam to disregard the existing procedure and observe the alternative procedure; and\n- (b) advise the owner of the dam of the decision.\n- (a) a summary of the authorisation request information given to the chief executive; and\n- (b) the reasons for the decision, having regard to the authorisation request information.","sortOrder":428},{"sectionNumber":"sec.381","sectionType":"section","heading":"Authorisation to observe alternative procedure if chief executive can not be contacted","content":"### sec.381 Authorisation to observe alternative procedure if chief executive can not be contacted\n\nThis section applies if the owner of the dam—\nmakes reasonable efforts to contact the chief executive to give the chief executive the authorisation request information for the alternative procedure; but\ncan not contact the chief executive within a reasonable time to respond effectively to the flood event.\nThis section also applies if—\nthe owner of the dam contacts the chief executive to give the chief executive the authorisation request information for the alternative procedure; but\nbefore the chief executive can advise the owner of the dam of the chief executive’s decision on the request, contact with the executive is lost and can not be re-established within the time by which the owner would need a decision on the request.\nThe alternative procedure is also an authorised alternative procedure .\nHowever, the owner of the dam must, as soon as practicable after failing to contact, or losing contact with, the chief executive—\nrecord the authorisation request information in writing; and\ngive the information to the chief executive.\nFor subsection (1) (b) , contact with the chief executive is not established until the chief executive acknowledges receipt of the authorisation request information.\nFor subsection (2) , contact with the chief executive is lost if the owner of the dam reasonably believes the chief executive is no longer able to respond to the owner.\ns 381 ins 2012 No. 29 s 32\namd 2014 No. 51 s 41\n(sec.381-ssec.1) This section applies if the owner of the dam— makes reasonable efforts to contact the chief executive to give the chief executive the authorisation request information for the alternative procedure; but can not contact the chief executive within a reasonable time to respond effectively to the flood event.\n(sec.381-ssec.2) This section also applies if— the owner of the dam contacts the chief executive to give the chief executive the authorisation request information for the alternative procedure; but before the chief executive can advise the owner of the dam of the chief executive’s decision on the request, contact with the executive is lost and can not be re-established within the time by which the owner would need a decision on the request.\n(sec.381-ssec.3) The alternative procedure is also an authorised alternative procedure .\n(sec.381-ssec.4) However, the owner of the dam must, as soon as practicable after failing to contact, or losing contact with, the chief executive— record the authorisation request information in writing; and give the information to the chief executive.\n(sec.381-ssec.5) For subsection (1) (b) , contact with the chief executive is not established until the chief executive acknowledges receipt of the authorisation request information.\n(sec.381-ssec.6) For subsection (2) , contact with the chief executive is lost if the owner of the dam reasonably believes the chief executive is no longer able to respond to the owner.\n- (a) makes reasonable efforts to contact the chief executive to give the chief executive the authorisation request information for the alternative procedure; but\n- (b) can not contact the chief executive within a reasonable time to respond effectively to the flood event.\n- (a) the owner of the dam contacts the chief executive to give the chief executive the authorisation request information for the alternative procedure; but\n- (b) before the chief executive can advise the owner of the dam of the chief executive’s decision on the request, contact with the executive is lost and can not be re-established within the time by which the owner would need a decision on the request.\n- (a) record the authorisation request information in writing; and\n- (b) give the information to the chief executive.","sortOrder":429},{"sectionNumber":"sec.382","sectionType":"section","heading":"End of authorisation of alternative procedure","content":"### sec.382 End of authorisation of alternative procedure\n\nThe authorisation to carry out an authorised alternative procedure ends when the flood event to which the procedure relates has ended.\ns 382 ins 2012 No. 29 s 32","sortOrder":430},{"sectionNumber":"ch.4-pt.2-div.9","sectionType":"division","heading":"Flood event reporting","content":"## Flood event reporting","sortOrder":431},{"sectionNumber":"sec.383","sectionType":"section","heading":"Preparation and submission of flood event report","content":"### sec.383 Preparation and submission of flood event report\n\nThis section applies to the owner of a referable dam to which this part applies if a flood event relating to the dam happens.\nThe owner of the dam must, unless the owner has a reasonable excuse, prepare a report (a flood event report ) under this division and give it to the chief executive within—\n30 business days after the end of the flood event; or\nif a further period is agreed in writing by the chief executive and the owner of the dam—the further period.\nMaximum penalty—1,665 penalty units.\nIn this section—\nend , of a flood event, means 24 hours after the last occasion that water is released from the dam in response to the flood event.\ns 383 ins 2012 No. 29 s 32\n(sec.383-ssec.1) This section applies to the owner of a referable dam to which this part applies if a flood event relating to the dam happens.\n(sec.383-ssec.2) The owner of the dam must, unless the owner has a reasonable excuse, prepare a report (a flood event report ) under this division and give it to the chief executive within— 30 business days after the end of the flood event; or if a further period is agreed in writing by the chief executive and the owner of the dam—the further period. Maximum penalty—1,665 penalty units.\n(sec.383-ssec.3) In this section— end , of a flood event, means 24 hours after the last occasion that water is released from the dam in response to the flood event.\n- (a) 30 business days after the end of the flood event; or\n- (b) if a further period is agreed in writing by the chief executive and the owner of the dam—the further period.","sortOrder":432},{"sectionNumber":"sec.384","sectionType":"section","heading":"Preparation and submission of flood event interim report","content":"### sec.384 Preparation and submission of flood event interim report\n\nThis section applies if—\na flood event relating to a referable dam to which this part applies happens; and\nthe chief executive considers the flood event is likely to continue for at least 1 month.\nThe chief executive may give the owner of the dam a notice requiring the owner to—\nprepare a report (a flood event interim report ) under this division; and\ngive it to the chief executive within 10 business days after receiving the notice.\nIf the chief executive gives the owner of the dam a notice under subsection (2) , the owner must comply with the notice unless the owner has a reasonable excuse.\nMaximum penalty—1665 units.\ns 384 ins 2012 No. 29 s 32\n(sec.384-ssec.1) This section applies if— a flood event relating to a referable dam to which this part applies happens; and the chief executive considers the flood event is likely to continue for at least 1 month.\n(sec.384-ssec.2) The chief executive may give the owner of the dam a notice requiring the owner to— prepare a report (a flood event interim report ) under this division; and give it to the chief executive within 10 business days after receiving the notice.\n(sec.384-ssec.3) If the chief executive gives the owner of the dam a notice under subsection (2) , the owner must comply with the notice unless the owner has a reasonable excuse. Maximum penalty—1665 units.\n- (a) a flood event relating to a referable dam to which this part applies happens; and\n- (b) the chief executive considers the flood event is likely to continue for at least 1 month.\n- (a) prepare a report (a flood event interim report ) under this division; and\n- (b) give it to the chief executive within 10 business days after receiving the notice.","sortOrder":433},{"sectionNumber":"sec.385","sectionType":"section","heading":"Content of report","content":"### sec.385 Content of report\n\nA flood event report or a flood event interim report must—\ndescribe the flood event to which it relates; and\ndescribe the implementation of the flood mitigation manual for the dam in relation to the flood event, including relevant details of—\ncommunications made, strategies used and actions taken in response to the flood event; and\nthe reasons for the use of the strategies; and\nstate the amount of the following that was forecast when the flood event started and measured during the flood event—\nrainfall in, or affecting, the catchment area of the dam;\ninflow to the dam; and\nstate the level of the water surface of the dam that was forecast when the flood event started and the levels measured during the flood event; and\nstate the amount of the outflow from the dam that was—\nforecast under the flood mitigation manual when the flood event started; and\nmeasured during and after the flood event; and\ninclude an assessment of the adequacy of the forecast system for the dam; and\ndescribe any damage to the dam caused by the flood event, including by attaching photographs of the damage; and\nstate whether and to what extent any damage to the dam has been caused or contributed to by the flood event; and\ninclude an assessment of whether and to what extent the flood mitigation manual effectively dealt with the flood event; and\nrecommend any changes to the flood mitigation manual and forecast system that would allow the manual to deal with a similar flood event more effectively; and\ninclude details of any other matter that is relevant to how the flood event was dealt with under the flood mitigation manual; and\ninclude any other relevant matter prescribed under a regulation.\nIf the owner of the dam carried out or purported to carry out an authorised alternative procedure in relation to the flood event, the flood event report or the flood event interim report must also include the authorisation request information for the procedure.\nSubsection (1) does not prevent a flood event report from dealing with 2 or more flood events if—\nthe flood events are related; and\nthe chief executive has agreed to the report dealing with the flood events.\ns 385 ins 2012 No. 29 s 32\n(sec.385-ssec.1) A flood event report or a flood event interim report must— describe the flood event to which it relates; and describe the implementation of the flood mitigation manual for the dam in relation to the flood event, including relevant details of— communications made, strategies used and actions taken in response to the flood event; and the reasons for the use of the strategies; and state the amount of the following that was forecast when the flood event started and measured during the flood event— rainfall in, or affecting, the catchment area of the dam; inflow to the dam; and state the level of the water surface of the dam that was forecast when the flood event started and the levels measured during the flood event; and state the amount of the outflow from the dam that was— forecast under the flood mitigation manual when the flood event started; and measured during and after the flood event; and include an assessment of the adequacy of the forecast system for the dam; and describe any damage to the dam caused by the flood event, including by attaching photographs of the damage; and state whether and to what extent any damage to the dam has been caused or contributed to by the flood event; and include an assessment of whether and to what extent the flood mitigation manual effectively dealt with the flood event; and recommend any changes to the flood mitigation manual and forecast system that would allow the manual to deal with a similar flood event more effectively; and include details of any other matter that is relevant to how the flood event was dealt with under the flood mitigation manual; and include any other relevant matter prescribed under a regulation.\n(sec.385-ssec.2) If the owner of the dam carried out or purported to carry out an authorised alternative procedure in relation to the flood event, the flood event report or the flood event interim report must also include the authorisation request information for the procedure.\n(sec.385-ssec.3) Subsection (1) does not prevent a flood event report from dealing with 2 or more flood events if— the flood events are related; and the chief executive has agreed to the report dealing with the flood events.\n- (a) describe the flood event to which it relates; and\n- (b) describe the implementation of the flood mitigation manual for the dam in relation to the flood event, including relevant details of— (i) communications made, strategies used and actions taken in response to the flood event; and (ii) the reasons for the use of the strategies; and\n- (i) communications made, strategies used and actions taken in response to the flood event; and\n- (ii) the reasons for the use of the strategies; and\n- (c) state the amount of the following that was forecast when the flood event started and measured during the flood event— (i) rainfall in, or affecting, the catchment area of the dam; (ii) inflow to the dam; and\n- (i) rainfall in, or affecting, the catchment area of the dam;\n- (ii) inflow to the dam; and\n- (d) state the level of the water surface of the dam that was forecast when the flood event started and the levels measured during the flood event; and\n- (e) state the amount of the outflow from the dam that was— (i) forecast under the flood mitigation manual when the flood event started; and (ii) measured during and after the flood event; and\n- (i) forecast under the flood mitigation manual when the flood event started; and\n- (ii) measured during and after the flood event; and\n- (f) include an assessment of the adequacy of the forecast system for the dam; and\n- (g) describe any damage to the dam caused by the flood event, including by attaching photographs of the damage; and\n- (h) state whether and to what extent any damage to the dam has been caused or contributed to by the flood event; and\n- (i) include an assessment of whether and to what extent the flood mitigation manual effectively dealt with the flood event; and\n- (j) recommend any changes to the flood mitigation manual and forecast system that would allow the manual to deal with a similar flood event more effectively; and\n- (k) include details of any other matter that is relevant to how the flood event was dealt with under the flood mitigation manual; and\n- (l) include any other relevant matter prescribed under a regulation.\n- (i) communications made, strategies used and actions taken in response to the flood event; and\n- (ii) the reasons for the use of the strategies; and\n- (i) rainfall in, or affecting, the catchment area of the dam;\n- (ii) inflow to the dam; and\n- (i) forecast under the flood mitigation manual when the flood event started; and\n- (ii) measured during and after the flood event; and\n- (a) the flood events are related; and\n- (b) the chief executive has agreed to the report dealing with the flood events.","sortOrder":434},{"sectionNumber":"ch.4-pt.2-div.10","sectionType":"division","heading":"General matters","content":"## General matters","sortOrder":435},{"sectionNumber":"sec.386","sectionType":"section","heading":"Protection from liability under pt 2","content":"### sec.386 Protection from liability under pt 2\n\nEach of the following persons does not incur civil liability for an act done, or omission made, honestly and without negligence under this part—\nthe Minister;\nthe chief executive;\na member of an advisory council from which the Minister has sought advice under section 371E (2) or 372 (5) .\nIf subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.\ns 386 ins 2012 No. 29 s 32\n(sec.386-ssec.1) Each of the following persons does not incur civil liability for an act done, or omission made, honestly and without negligence under this part— the Minister; the chief executive; a member of an advisory council from which the Minister has sought advice under section 371E (2) or 372 (5) .\n(sec.386-ssec.2) If subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.\n- (a) the Minister;\n- (b) the chief executive;\n- (c) a member of an advisory council from which the Minister has sought advice under section 371E (2) or 372 (5) .","sortOrder":436},{"sectionNumber":"sec.387","sectionType":"section","heading":"Protection from liability for complying with flood mitigation manual","content":"### sec.387 Protection from liability for complying with flood mitigation manual\n\nSubsection (2) applies to an owner of a dam who observes—\nsubject to paragraph (b) , the operational procedures in the approved flood mitigation manual for the dam; and\nif an alternative procedure is authorised for the dam under division 8 —the authorised alternative procedure.\nThe owner of the dam does not incur civil liability for an act done, or omission made, honestly and without negligence in observing the procedures.\nIf subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.\nIn this section—\nowner , of a dam, includes—\nthe operator of the dam; and\na director of the owner or operator of the dam; and\nan employee of the owner or operator of the dam; and\nan agent of the owner or operator of the dam.\ns 387 ins 2012 No. 29 s 32\n(sec.387-ssec.1) Subsection (2) applies to an owner of a dam who observes— subject to paragraph (b) , the operational procedures in the approved flood mitigation manual for the dam; and if an alternative procedure is authorised for the dam under division 8 —the authorised alternative procedure.\n(sec.387-ssec.2) The owner of the dam does not incur civil liability for an act done, or omission made, honestly and without negligence in observing the procedures.\n(sec.387-ssec.3) If subsection (2) prevents civil liability attaching to a person, the liability attaches instead to the State.\n(sec.387-ssec.4) In this section— owner , of a dam, includes— the operator of the dam; and a director of the owner or operator of the dam; and an employee of the owner or operator of the dam; and an agent of the owner or operator of the dam.\n- (a) subject to paragraph (b) , the operational procedures in the approved flood mitigation manual for the dam; and\n- (b) if an alternative procedure is authorised for the dam under division 8 —the authorised alternative procedure.\n- (a) the operator of the dam; and\n- (b) a director of the owner or operator of the dam; and\n- (c) an employee of the owner or operator of the dam; and\n- (d) an agent of the owner or operator of the dam.","sortOrder":437},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Declaring temporary full supply levels to mitigate flood or drought","content":"# Declaring temporary full supply levels to mitigate flood or drought","sortOrder":438},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":439},{"sectionNumber":"sec.388","sectionType":"section","heading":"Definition for part","content":"### sec.388 Definition for part\n\nIn this part—\nsafety requirements see section 396 (2) .\ns 388 ins 2012 No. 29 s 32\nsub 2017 No. 11 s 27","sortOrder":440},{"sectionNumber":"sec.389","sectionType":"section","heading":"Application of part","content":"### sec.389 Application of part\n\nThis part applies to a dam for which an approved flood mitigation manual is in force.\ns 389 ins 2012 No. 29 s 32\nsub 2017 No. 11 s 27","sortOrder":441},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Declaring temporary full supply level","content":"## Declaring temporary full supply level","sortOrder":442},{"sectionNumber":"sec.390","sectionType":"section","heading":"Minister may declare temporary full supply level","content":"### sec.390 Minister may declare temporary full supply level\n\nThis section applies if the Minister considers the impacts of a potential flood or drought may be mitigated by having a full supply level for a dam that is different from the full supply level stated in the resource operations licence.\nThe Minister may, by notice given to the owner of the dam, declare a new full supply level (a temporary full supply level ) for the dam.\nUnder the Water Act 2000 , section 813 (3) (c) (i) and (4) (a) , if a declaration is in force for a temporary full supply level for the dam, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the temporary full supply level declared for the dam.\nUnder the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam, and the full supply level of the dam is reduced under chapter 4 , part 4 of this Act, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level and the reduced full supply level under section 399B (2) .\nIn deciding whether to make the declaration, the Minister—\nmust have regard to—\nthe outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and\nthe extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and\nimpacts the temporary full supply level may have on the water security of the dam; and\nwhether the temporary full supply level would affect the safety of the dam; and\nany other positive or negative impacts of the temporary full supply level the Minister considers relevant; and\nmay have regard to any matter the Minister considers appropriate, including, for example—\nmeteorological forecasts; and\nthe public interest.\nA declaration under this section—\ntakes effect on the day stated in the declaration; and\nceases to have effect on the earlier of the following days—\nthe day stated in the declaration;\nthe day that is 1 year after the declaration is made;\nthe day the declaration is revoked.\nA copy of a notice given to an owner of a dam under subsection (2) must be published in the gazette as soon as practicable after it is given.\nThe Minister may declare a temporary full supply level more than once for a particular dam.\nTo remove any doubt, it is declared that, if the Minister declares a temporary full supply level for a dam under subsection (2) , the owner of the dam may operate the dam at the temporary full supply level, including, for example, by releasing water from the dam to maintain the temporary full supply level.\nIn this section—\nwater security , of a dam, includes the reliability of water supply having regard to the availability of water stored in, and the cost of supplying water from, the dam.\ns 390 ins 2012 No. 29 s 32\namd 2014 No. 64 s 254 sch 1\nsub 2017 No. 11 s 27\namd 2019 No. 17 s 352 ; 2020 No. 14 s 216\n(sec.390-ssec.1) This section applies if the Minister considers the impacts of a potential flood or drought may be mitigated by having a full supply level for a dam that is different from the full supply level stated in the resource operations licence.\n(sec.390-ssec.2) The Minister may, by notice given to the owner of the dam, declare a new full supply level (a temporary full supply level ) for the dam. Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (a) , if a declaration is in force for a temporary full supply level for the dam, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the temporary full supply level declared for the dam. Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam, and the full supply level of the dam is reduced under chapter 4 , part 4 of this Act, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level and the reduced full supply level under section 399B (2) .\n(sec.390-ssec.3) In deciding whether to make the declaration, the Minister— must have regard to— the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and impacts the temporary full supply level may have on the water security of the dam; and whether the temporary full supply level would affect the safety of the dam; and any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and may have regard to any matter the Minister considers appropriate, including, for example— meteorological forecasts; and the public interest.\n(sec.390-ssec.4) A declaration under this section— takes effect on the day stated in the declaration; and ceases to have effect on the earlier of the following days— the day stated in the declaration; the day that is 1 year after the declaration is made; the day the declaration is revoked.\n(sec.390-ssec.5) A copy of a notice given to an owner of a dam under subsection (2) must be published in the gazette as soon as practicable after it is given.\n(sec.390-ssec.6) The Minister may declare a temporary full supply level more than once for a particular dam.\n(sec.390-ssec.7) To remove any doubt, it is declared that, if the Minister declares a temporary full supply level for a dam under subsection (2) , the owner of the dam may operate the dam at the temporary full supply level, including, for example, by releasing water from the dam to maintain the temporary full supply level.\n(sec.390-ssec.8) In this section— water security , of a dam, includes the reliability of water supply having regard to the availability of water stored in, and the cost of supplying water from, the dam.\n- 1 Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (a) , if a declaration is in force for a temporary full supply level for the dam, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the temporary full supply level declared for the dam.\n- 2 Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam, and the full supply level of the dam is reduced under chapter 4 , part 4 of this Act, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level and the reduced full supply level under section 399B (2) .\n- (a) must have regard to— (i) the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and (ii) the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and (iii) impacts the temporary full supply level may have on the water security of the dam; and (iv) whether the temporary full supply level would affect the safety of the dam; and (v) any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and\n- (i) the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and\n- (ii) the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and\n- (iii) impacts the temporary full supply level may have on the water security of the dam; and\n- (iv) whether the temporary full supply level would affect the safety of the dam; and\n- (v) any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and\n- (b) may have regard to any matter the Minister considers appropriate, including, for example— (i) meteorological forecasts; and (ii) the public interest.\n- (i) meteorological forecasts; and\n- (ii) the public interest.\n- (i) the outcome of any consultation between the chief executive and the owner of the dam about the full supply level for the dam; and\n- (ii) the extent to which the temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and\n- (iii) impacts the temporary full supply level may have on the water security of the dam; and\n- (iv) whether the temporary full supply level would affect the safety of the dam; and\n- (v) any other positive or negative impacts of the temporary full supply level the Minister considers relevant; and\n- (i) meteorological forecasts; and\n- (ii) the public interest.\n- (a) takes effect on the day stated in the declaration; and\n- (b) ceases to have effect on the earlier of the following days— (i) the day stated in the declaration; (ii) the day that is 1 year after the declaration is made; (iii) the day the declaration is revoked.\n- (i) the day stated in the declaration;\n- (ii) the day that is 1 year after the declaration is made;\n- (iii) the day the declaration is revoked.\n- (i) the day stated in the declaration;\n- (ii) the day that is 1 year after the declaration is made;\n- (iii) the day the declaration is revoked.","sortOrder":443},{"sectionNumber":"sec.391","sectionType":"section","heading":null,"content":"### Section sec.391\n\ns 391 ins 2012 No. 29 s 32\nom 2017 No. 11 s 27","sortOrder":444},{"sectionNumber":"sec.392","sectionType":"section","heading":null,"content":"### Section sec.392\n\ns 392 ins 2012 No. 29 s 32\nom 2017 No. 11 s 27","sortOrder":445},{"sectionNumber":"sec.393","sectionType":"section","heading":null,"content":"### Section sec.393\n\ns 393 ins 2012 No. 29 s 32\nom 2017 No. 11 s 27","sortOrder":446},{"sectionNumber":"sec.394","sectionType":"section","heading":null,"content":"### Section sec.394\n\ns 394 ins 2012 No. 29 s 32\nom 2017 No. 11 s 27","sortOrder":447},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":448},{"sectionNumber":"sec.395","sectionType":"section","heading":null,"content":"### Section sec.395\n\ns 395 ins 2012 No. 29 s 32\namd 2014 No. 51 s 42 ; 2014 No. 64 s 254 sch 1\nom 2017 No. 11 s 27","sortOrder":449},{"sectionNumber":"ch.4-pt.3-div.4","sectionType":"division","heading":"Reviewing safety requirements for temporary full supply level","content":"## Reviewing safety requirements for temporary full supply level","sortOrder":450},{"sectionNumber":"sec.396","sectionType":"section","heading":"Chief executive must review safety requirements","content":"### sec.396 Chief executive must review safety requirements\n\nThis section applies if a temporary full supply level declared for a dam exceeds the full supply level stated in the resource operations licence under which the dam operates.\nThe chief executive must review any requirements about safety (the safety requirements ) applying to the dam under the safety conditions or flood mitigation manual for the dam.\nThe review must be conducted within—\n1 month after the temporary full supply level is declared; or\nif the Minister requires a shorter period in writing—the shorter period.\ns 396 ins 2012 No. 29 s 32\namd 2014 No. 64 s 254 sch 1\n(sec.396-ssec.1) This section applies if a temporary full supply level declared for a dam exceeds the full supply level stated in the resource operations licence under which the dam operates.\n(sec.396-ssec.2) The chief executive must review any requirements about safety (the safety requirements ) applying to the dam under the safety conditions or flood mitigation manual for the dam.\n(sec.396-ssec.3) The review must be conducted within— 1 month after the temporary full supply level is declared; or if the Minister requires a shorter period in writing—the shorter period.\n- (a) 1 month after the temporary full supply level is declared; or\n- (b) if the Minister requires a shorter period in writing—the shorter period.","sortOrder":451},{"sectionNumber":"sec.397","sectionType":"section","heading":"Changing safety conditions in response to review","content":"### sec.397 Changing safety conditions in response to review\n\nIf the chief executive—\nreviews the safety requirements applying under the safety conditions for the dam; and\nhaving regard to the temporary full supply level, considers an amendment of the safety requirements is necessary;\nthe chief executive must arrange for the amendment to be made under section 356 .\ns 397 ins 2012 No. 29 s 32\n- (a) reviews the safety requirements applying under the safety conditions for the dam; and\n- (b) having regard to the temporary full supply level, considers an amendment of the safety requirements is necessary;","sortOrder":452},{"sectionNumber":"sec.398","sectionType":"section","heading":"Amending flood mitigation manual in response to review","content":"### sec.398 Amending flood mitigation manual in response to review\n\nIf the chief executive—\nreviews the safety requirements applying under the flood mitigation manual for the dam; and\nhaving regard to the temporary full supply level, considers an amendment of the safety requirements is necessary;\nthe chief executive must advise the Minister of the proposed amendment.\nOn receiving advice of an amendment, the Minister may arrange for the amendment to be made under section 372 .\ns 398 ins 2012 No. 29 s 32\n(sec.398-ssec.1) If the chief executive— reviews the safety requirements applying under the flood mitigation manual for the dam; and having regard to the temporary full supply level, considers an amendment of the safety requirements is necessary; the chief executive must advise the Minister of the proposed amendment.\n(sec.398-ssec.2) On receiving advice of an amendment, the Minister may arrange for the amendment to be made under section 372 .\n- (a) reviews the safety requirements applying under the flood mitigation manual for the dam; and\n- (b) having regard to the temporary full supply level, considers an amendment of the safety requirements is necessary;","sortOrder":453},{"sectionNumber":"ch.4-pt.3-div.5","sectionType":"division","heading":"Miscellaneous provision","content":"## Miscellaneous provision","sortOrder":454},{"sectionNumber":"sec.399","sectionType":"section","heading":"No compensation payable","content":"### sec.399 No compensation payable\n\nNo compensation is payable to any person because of the operation of this part.\ns 399 ins 2012 No. 29 s 32","sortOrder":455},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Reducing full supply level for safety purposes","content":"# Reducing full supply level for safety purposes","sortOrder":456},{"sectionNumber":"sec.399A","sectionType":"section","heading":"Application of part","content":"### sec.399A Application of part\n\nThis part applies to a dam to which a resource operations licence applies.\ns 399A ins 2017 No. 11 s 28","sortOrder":457},{"sectionNumber":"sec.399B","sectionType":"section","heading":"Dam owner may reduce full supply level in certain circumstances","content":"### sec.399B Dam owner may reduce full supply level in certain circumstances\n\nThis section applies if a dam owner believes, based on advice of a registered professional engineer, that there is an unacceptable risk of a failure of a dam if it operates at the full supply level stated in the resource operations licence for the dam.\nThe owner may reduce the full supply level of the dam to the level (the reduced full supply level ) that lowers the risk of a failure of the dam, having regard to the advice of the registered professional engineer.\nUnder the Water Act 2000 , section 813 (3) (c) (i) and (4) (b) , if the full supply level for the dam is reduced, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the reduced full supply level.\nUnder the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of this Act, and the full supply level of the dam is reduced under this part, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level under section 390 (2) and the reduced full supply level.\nThe owner must, as soon as practicable after reducing the full supply level, give notice of the reduced full supply level to—\nthe chief executive; and\nif the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered.\nThe notice must—\ninclude the reasons why it is necessary to operate the dam at the reduced full supply level; and\ninclude the period for which it is necessary to operate the dam at the reduced full supply level; and\nbe accompanied by a copy of the registered professional engineer’s advice about the reduced full supply level.\nTo remove any doubt, it is declared that, if a dam owner reduces the full supply level for a dam under subsection (2) , the owner may operate the dam at the reduced full supply level, including, for example, by releasing water from the dam to maintain the reduced full supply level.\nNo compensation is payable to any person because of the operation of this section.\nIn this section—\nunacceptable risk , of a failure of a dam, means a risk that is not acceptable under a guideline about the flood capacity of dams made under section 572 .\ns 399B ins 2017 No. 11 s 28\namd 2020 No. 14 s 217\n(sec.399B-ssec.1) This section applies if a dam owner believes, based on advice of a registered professional engineer, that there is an unacceptable risk of a failure of a dam if it operates at the full supply level stated in the resource operations licence for the dam.\n(sec.399B-ssec.2) The owner may reduce the full supply level of the dam to the level (the reduced full supply level ) that lowers the risk of a failure of the dam, having regard to the advice of the registered professional engineer. Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (b) , if the full supply level for the dam is reduced, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the reduced full supply level. Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of this Act, and the full supply level of the dam is reduced under this part, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level under section 390 (2) and the reduced full supply level.\n(sec.399B-ssec.3) The owner must, as soon as practicable after reducing the full supply level, give notice of the reduced full supply level to— the chief executive; and if the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered.\n(sec.399B-ssec.4) The notice must— include the reasons why it is necessary to operate the dam at the reduced full supply level; and include the period for which it is necessary to operate the dam at the reduced full supply level; and be accompanied by a copy of the registered professional engineer’s advice about the reduced full supply level.\n(sec.399B-ssec.5) To remove any doubt, it is declared that, if a dam owner reduces the full supply level for a dam under subsection (2) , the owner may operate the dam at the reduced full supply level, including, for example, by releasing water from the dam to maintain the reduced full supply level.\n(sec.399B-ssec.6) No compensation is payable to any person because of the operation of this section.\n(sec.399B-ssec.7) In this section— unacceptable risk , of a failure of a dam, means a risk that is not acceptable under a guideline about the flood capacity of dams made under section 572 .\n- 1 Under the Water Act 2000 , section 813 (3) (c) (i) and (4) (b) , if the full supply level for the dam is reduced, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the reduced full supply level.\n- 2 Under the Water Act 2000 , section 813 (3) (c) and (4) (c) , if both a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of this Act, and the full supply level of the dam is reduced under this part, a reference in the resource operations licence to the full supply level for the dam is taken to be a reference to the lower of the temporary full supply level under section 390 (2) and the reduced full supply level.\n- (a) the chief executive; and\n- (b) if the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered.\n- (a) include the reasons why it is necessary to operate the dam at the reduced full supply level; and\n- (b) include the period for which it is necessary to operate the dam at the reduced full supply level; and\n- (c) be accompanied by a copy of the registered professional engineer’s advice about the reduced full supply level.","sortOrder":458},{"sectionNumber":"sec.399C","sectionType":"section","heading":"Reporting requirements while full supply level reduced","content":"### sec.399C Reporting requirements while full supply level reduced\n\nThis section applies if a dam continues to operate at a reduced full supply level under section 399B for more than 1 year.\nThe owner of the dam must, within 1 month after the end of each 1 year period after the full supply level is reduced, give a report to—\nthe chief executive; and\nif the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered.\nThe report must state—\nwhen the owner intends to allow the dam to return to the full supply level stated in the resource operations licence for the dam; and\nif the owner is a service provider—\nthe impacts the reduced full supply level has had on the provider’s customers since its reduction; and\nthe likely future impacts on customers for the period for which the provider proposes to keep the dam at a reduced full supply level; and\nthe impacts the reduced full supply level has had or is likely to have on achieving the water plan outcomes for a water plan under the Water Act .\ns 399C ins 2017 No. 11 s 28\n(sec.399C-ssec.1) This section applies if a dam continues to operate at a reduced full supply level under section 399B for more than 1 year.\n(sec.399C-ssec.2) The owner of the dam must, within 1 month after the end of each 1 year period after the full supply level is reduced, give a report to— the chief executive; and if the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered.\n(sec.399C-ssec.3) The report must state— when the owner intends to allow the dam to return to the full supply level stated in the resource operations licence for the dam; and if the owner is a service provider— the impacts the reduced full supply level has had on the provider’s customers since its reduction; and the likely future impacts on customers for the period for which the provider proposes to keep the dam at a reduced full supply level; and the impacts the reduced full supply level has had or is likely to have on achieving the water plan outcomes for a water plan under the Water Act .\n- (a) the chief executive; and\n- (b) if the Water Act , section 813 is not administered in the department—the chief executive of the department in which the section is administered.\n- (a) when the owner intends to allow the dam to return to the full supply level stated in the resource operations licence for the dam; and\n- (b) if the owner is a service provider— (i) the impacts the reduced full supply level has had on the provider’s customers since its reduction; and (ii) the likely future impacts on customers for the period for which the provider proposes to keep the dam at a reduced full supply level; and (iii) the impacts the reduced full supply level has had or is likely to have on achieving the water plan outcomes for a water plan under the Water Act .\n- (i) the impacts the reduced full supply level has had on the provider’s customers since its reduction; and\n- (ii) the likely future impacts on customers for the period for which the provider proposes to keep the dam at a reduced full supply level; and\n- (iii) the impacts the reduced full supply level has had or is likely to have on achieving the water plan outcomes for a water plan under the Water Act .\n- (i) the impacts the reduced full supply level has had on the provider’s customers since its reduction; and\n- (ii) the likely future impacts on customers for the period for which the provider proposes to keep the dam at a reduced full supply level; and\n- (iii) the impacts the reduced full supply level has had or is likely to have on achieving the water plan outcomes for a water plan under the Water Act .","sortOrder":459},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":460},{"sectionNumber":"sec.399D","sectionType":"section","heading":null,"content":"### Section sec.399D\n\ns 399D ins 2020 No. 3 s 135B\nexp 31 December 2023 (see s 399I)","sortOrder":461},{"sectionNumber":"sec.399E","sectionType":"section","heading":null,"content":"### Section sec.399E\n\ns 399E ins 2020 No. 3 s 135B\nexp 31 December 2023 (see s 399I)","sortOrder":462},{"sectionNumber":"sec.399F","sectionType":"section","heading":null,"content":"### Section sec.399F\n\ns 399F ins 2020 No. 3 s 135B\namd 2022 No. 1 s 117 s ch 1 pt 1\nexp 31 December 2023 (see s 399I)","sortOrder":463},{"sectionNumber":"sec.399G","sectionType":"section","heading":null,"content":"### Section sec.399G\n\ns 399G ins 2020 No. 3 s 135B\nexp 31 December 2023 (see s 399I)","sortOrder":464},{"sectionNumber":"sec.399H","sectionType":"section","heading":null,"content":"### Section sec.399H\n\ns 399H ins 2020 No. 3 s 135B\nexp 31 December 2023 (see s 399I)","sortOrder":465},{"sectionNumber":"sec.399I","sectionType":"section","heading":null,"content":"### Section sec.399I\n\ns 399I ins 2020 No. 3 s 135B\nexp 31 December 2023 (see s 399I)","sortOrder":466},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Authorised officers","content":"# Authorised officers","sortOrder":467},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Authorised officers’ functions and powers generally","content":"## Authorised officers’ functions and powers generally","sortOrder":468},{"sectionNumber":"sec.400","sectionType":"section","heading":"Functions","content":"### sec.400 Functions\n\nAn authorised officer has the following functions—\ncollecting information for this Act;\nconducting investigations and inspections—\nto monitor and enforce compliance with this Act, or the Planning Act so far as that Act relates to a development condition; and\nto monitor the performance of a relevant service provider relating to its supply of a water or sewerage service.\ns 400 amd 2014 No. 16 s 81\n- (a) collecting information for this Act;\n- (b) conducting investigations and inspections— (i) to monitor and enforce compliance with this Act, or the Planning Act so far as that Act relates to a development condition; and (ii) to monitor the performance of a relevant service provider relating to its supply of a water or sewerage service.\n- (i) to monitor and enforce compliance with this Act, or the Planning Act so far as that Act relates to a development condition; and\n- (ii) to monitor the performance of a relevant service provider relating to its supply of a water or sewerage service.\n- (i) to monitor and enforce compliance with this Act, or the Planning Act so far as that Act relates to a development condition; and\n- (ii) to monitor the performance of a relevant service provider relating to its supply of a water or sewerage service.","sortOrder":469},{"sectionNumber":"sec.401","sectionType":"section","heading":"Powers generally","content":"### sec.401 Powers generally\n\nFor performing an authorised officer’s functions, an authorised officer has the powers given to the authorised officer under this or another Act.\nAn authorised officer is subject to the directions of the appointer in exercising the powers.\n(sec.401-ssec.1) For performing an authorised officer’s functions, an authorised officer has the powers given to the authorised officer under this or another Act.\n(sec.401-ssec.2) An authorised officer is subject to the directions of the appointer in exercising the powers.","sortOrder":470},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Appointment of authorised officers","content":"## Appointment of authorised officers","sortOrder":471},{"sectionNumber":"sec.402","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.402 Appointment and qualifications\n\nThe chief executive or the regulator (the appointer ) may appoint a person as an authorised officer.\nHowever, the appointer may appoint a person as an authorised officer only if the appointer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n(sec.402-ssec.1) The chief executive or the regulator (the appointer ) may appoint a person as an authorised officer.\n(sec.402-ssec.2) However, the appointer may appoint a person as an authorised officer only if the appointer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.","sortOrder":472},{"sectionNumber":"sec.403","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.403 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe authorised officer’s instrument of appointment; or\na signed notice given to the authorised officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the appointer.\n(sec.403-ssec.1) An authorised officer holds office on any conditions stated in— the authorised officer’s instrument of appointment; or a signed notice given to the authorised officer; or a regulation.\n(sec.403-ssec.2) The instrument of appointment, a signed notice given to the authorised officer or a regulation may limit the authorised officer’s powers under this Act.\n(sec.403-ssec.3) In this section— signed notice means a notice signed by the appointer.\n- (a) the authorised officer’s instrument of appointment; or\n- (b) a signed notice given to the authorised officer; or\n- (c) a regulation.","sortOrder":473},{"sectionNumber":"sec.404","sectionType":"section","heading":"Issue of identity card","content":"### sec.404 Issue of identity card\n\nThe appointer must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photograph of the authorised officer; and\ncontain a copy of the authorised officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date.\nThis section does not prevent the giving of a single identity card to a person for this Act and other purposes.\n(sec.404-ssec.1) The appointer must issue an identity card to each authorised officer.\n(sec.404-ssec.2) The identity card must— contain a recent photograph of the authorised officer; and contain a copy of the authorised officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date.\n(sec.404-ssec.3) This section does not prevent the giving of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photograph of the authorised officer; and\n- (b) contain a copy of the authorised officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date.","sortOrder":474},{"sectionNumber":"sec.405","sectionType":"section","heading":"Production or display of identity card","content":"### sec.405 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised officer must—\nproduce the authorised officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer, as authorised under this Act, enters—\na public place when it is open to the public; or\na place for the purpose of asking the occupier of the place for consent to enter.\n(sec.405-ssec.1) In exercising a power under this Act in relation to a person, an authorised officer must— produce the authorised officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.405-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.405-ssec.3) For subsection (1) , an authorised officer does not exercise a power in relation to a person only because the authorised officer, as authorised under this Act, enters— a public place when it is open to the public; or a place for the purpose of asking the occupier of the place for consent to enter.\n- (a) produce the authorised officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.\n- (a) a public place when it is open to the public; or\n- (b) a place for the purpose of asking the occupier of the place for consent to enter.","sortOrder":475},{"sectionNumber":"sec.406","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.406 When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised officer ceases to hold office;\nthe authorised officer’s resignation takes effect.\nSubsection (1) does not limit the ways an authorised officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised officer holds office.\n(sec.406-ssec.1) An authorised officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised officer ceases to hold office; the authorised officer’s resignation takes effect.\n(sec.406-ssec.2) Subsection (1) does not limit the ways an authorised officer may cease to hold office.\n(sec.406-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised officer ceases to hold office;\n- (c) the authorised officer’s resignation takes effect.","sortOrder":476},{"sectionNumber":"sec.407","sectionType":"section","heading":"Resignation","content":"### sec.407 Resignation\n\nAn authorised officer may resign by signed notice given to the appointer.","sortOrder":477},{"sectionNumber":"sec.408","sectionType":"section","heading":"Return of identity card","content":"### sec.408 Return of identity card\n\nA person who ceases to be an authorised officer must return the person’s identity card to the appointer within 15 business days after ceasing to be an authorised officer unless the person has a reasonable excuse for not returning it.\nMaximum penalty—50 penalty units.","sortOrder":478},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Powers of authorised officers","content":"# Powers of authorised officers","sortOrder":479},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Entry of places","content":"## Entry of places","sortOrder":480},{"sectionNumber":"sec.409","sectionType":"section","heading":"Definition for pt 2","content":"### sec.409 Definition for pt 2\n\nIn this part—\nland means a parcel of land other than the part on which there is erected a building or structure that is—\na dwelling place; or\nbeing used, at the relevant time, as a dwelling place.\n- (a) a dwelling place; or\n- (b) being used, at the relevant time, as a dwelling place.","sortOrder":481},{"sectionNumber":"sec.410","sectionType":"section","heading":"Power to enter land to monitor compliance","content":"### sec.410 Power to enter land to monitor compliance\n\nAn authorised officer may, at any reasonable time, enter land to find out if—\nthe Planning Act is being complied with in relation to a development condition; or\na drinking water quality management plan or a recycled water management plan, or the conditions of the plans, are being complied with; or\na notice given to a drinking water service provider under section 630 (2) is being complied with.\ns 410 amd 2010 No. 53 s 229 ; 2014 No. 16 s 82 ; 2014 No. 31 s 36\n- (a) the Planning Act is being complied with in relation to a development condition; or\n- (b) a drinking water quality management plan or a recycled water management plan, or the conditions of the plans, are being complied with; or\n- (c) a notice given to a drinking water service provider under section 630 (2) is being complied with.","sortOrder":482},{"sectionNumber":"sec.411","sectionType":"section","heading":"Power to enter land in relation to information collection","content":"### sec.411 Power to enter land in relation to information collection\n\nAn authorised officer may, at any reasonable time—\nenter land to inspect—\na dam or a referable dam on the land; or\nany records about a referable dam; or\nenter other land to ascertain—\nthe impact a failure of the dam or referable dam would have; or\nif there are factors that are likely to cause the dam or referable dam to fail; or\nif a failure impact assessment of the dam or referable dam should be requested.\nFor exercising a power mentioned in subsection (1) , an authorised officer may enter and cross any land to access land mentioned in the subsection.\n(sec.411-ssec.1) An authorised officer may, at any reasonable time— enter land to inspect— a dam or a referable dam on the land; or any records about a referable dam; or enter other land to ascertain— the impact a failure of the dam or referable dam would have; or if there are factors that are likely to cause the dam or referable dam to fail; or if a failure impact assessment of the dam or referable dam should be requested.\n(sec.411-ssec.2) For exercising a power mentioned in subsection (1) , an authorised officer may enter and cross any land to access land mentioned in the subsection.\n- (a) enter land to inspect— (i) a dam or a referable dam on the land; or (ii) any records about a referable dam; or\n- (i) a dam or a referable dam on the land; or\n- (ii) any records about a referable dam; or\n- (b) enter other land to ascertain— (i) the impact a failure of the dam or referable dam would have; or (ii) if there are factors that are likely to cause the dam or referable dam to fail; or (iii) if a failure impact assessment of the dam or referable dam should be requested.\n- (i) the impact a failure of the dam or referable dam would have; or\n- (ii) if there are factors that are likely to cause the dam or referable dam to fail; or\n- (iii) if a failure impact assessment of the dam or referable dam should be requested.\n- (i) a dam or a referable dam on the land; or\n- (ii) any records about a referable dam; or\n- (i) the impact a failure of the dam or referable dam would have; or\n- (ii) if there are factors that are likely to cause the dam or referable dam to fail; or\n- (iii) if a failure impact assessment of the dam or referable dam should be requested.","sortOrder":483},{"sectionNumber":"sec.412","sectionType":"section","heading":"Power to enter places for other purposes","content":"### sec.412 Power to enter places for other purposes\n\nAn authorised officer may enter a place for a purpose other than a purpose mentioned in section 410 or 411 if—\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; or\nit is a place of business to which this Act relates and is—\nopen for carrying on the business; or\notherwise open for entry.\nFor the purpose of asking an occupier of a place for consent to enter, an authorised 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 authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor section (1)(d), a place of business does not include a part of the place where a person resides.\n(sec.412-ssec.1) An authorised officer may enter a place for a purpose other than a purpose mentioned in section 410 or 411 if— 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; or it is a place of business to which this Act relates and is— open for carrying on the business; or otherwise open for entry.\n(sec.412-ssec.2) For the purpose of asking an occupier of a place for consent to enter, an authorised 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 authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.412-ssec.3) For section (1)(d), a place of business does not include a part of the place where a person resides.\n- (a) an occupier of the place consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is a place of business to which this Act relates and is— (i) open for carrying on the business; or (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry.\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 authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":484},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Procedure for entry","content":"## Procedure for entry","sortOrder":485},{"sectionNumber":"sec.413","sectionType":"section","heading":"Entry with consent","content":"### sec.413 Entry with consent\n\nThis section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 412 (1) (a) .\nBefore asking for the consent, the authorised 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 authorised 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 authorised 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 authorised 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 (4) 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.\n(sec.413-ssec.1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 412 (1) (a) .\n(sec.413-ssec.2) Before asking for the consent, the authorised officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.413-ssec.3) If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.\n(sec.413-ssec.4) 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 authorised officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.413-ssec.5) If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.\n(sec.413-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) 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) 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 authorised 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 (4) for the entry is not produced in evidence;","sortOrder":486},{"sectionNumber":"sec.414","sectionType":"section","heading":"Application for warrant","content":"### sec.414 Application for warrant\n\nAn authorised officer may apply to a magistrate for a warrant for a place.\nThe authorised 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 authorised 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.\n(sec.414-ssec.1) An authorised officer may apply to a magistrate for a warrant for a place.\n(sec.414-ssec.2) The authorised officer must prepare a written application that states the grounds on which the warrant is sought.\n(sec.414-ssec.3) The written application must be sworn.\n(sec.414-ssec.4) The magistrate may refuse to consider the application until the authorised 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":487},{"sectionNumber":"sec.415","sectionType":"section","heading":"Issue of warrant","content":"### sec.415 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—\nan offence against this Act; or\na Planning Act offence; and\nthe evidence is at the place, or, within the next 7 days, will be at the place.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat any authorised officer or a stated authorised officer may, with necessary and reasonable help and force—\nenter the place and any other place necessary for the entry; and\nexercise the authorised 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 415 amd 2011 No. 6 s 139\n(sec.415-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— an offence against this Act; or a Planning Act offence; and the evidence is at the place, or, within the next 7 days, will be at the place.\n(sec.415-ssec.2) The warrant must state— the place to which the warrant applies; and that any authorised officer or a stated authorised officer may, with necessary and reasonable help and force— enter the place and any other place necessary for the entry; and exercise the authorised 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.415-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— (i) an offence against this Act; or (ii) a Planning Act offence; and\n- (i) an offence against this Act; or\n- (ii) a Planning Act offence; and\n- (b) the evidence is at the place, or, within the next 7 days, will be at the place.\n- (i) an offence against this Act; or\n- (ii) a Planning Act offence; and\n- (a) the place to which the warrant applies; and\n- (b) that any authorised officer or a stated authorised 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 authorised 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 authorised 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 authorised officer’s powers under this chapter; and","sortOrder":488},{"sectionNumber":"sec.416","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.416 Application by electronic communication and duplicate warrant\n\nAn application under section 414 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised officer’s remote location.\nThe application—\nmay not be made before the authorised officer prepares the written application under section 414 (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 authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\notherwise—\nthe magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and\nthe authorised 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 authorised officer must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 414 (2) and (3) ; and\nif the authorised 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 414 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.416-ssec.1) An application under section 414 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised officer’s remote location.\n(sec.416-ssec.2) The application— may not be made before the authorised officer prepares the written application under section 414 (2) ; but may be made before the written application is sworn.\n(sec.416-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.416-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 authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and the authorised 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.416-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.416-ssec.6) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 414 (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.416-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.416-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.416-ssec.9) This section does not limit section 414 .\n(sec.416-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 authorised officer’s remote location.\n- (a) may not be made before the authorised officer prepares the written application under section 414 (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 authorised officer, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or\n- (b) otherwise— (i) the magistrate must tell the authorised officer the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised 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 authorised officer the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised 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 authorised officer the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised 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 414 (2) and (3) ; and\n- (b) if the authorised 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":489},{"sectionNumber":"sec.417","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.417 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant, or in compliance with section 414 , 415 or 416 , unless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 416 (5) .\n(sec.417-ssec.1) A warrant is not invalidated by a defect in the warrant, or in compliance with section 414 , 415 or 416 , unless the defect affects the substance of the warrant in a material particular.\n(sec.417-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 416 (5) .","sortOrder":490},{"sectionNumber":"sec.418","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.418 Warrants—procedure before entry\n\nThis section applies if an authorised officer is intending to enter a place under a warrant issued under this part.\nBefore entering the place, the authorised 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 authorised officer’s identity card or other document evidencing the authorised officer’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised officer is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised officer immediate entry to the place without using force.\nHowever, the authorised officer need not comply with subsection (2) if the authorised 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 416 (5) .\ns 418 amd 2011 No. 6 s 140\n(sec.418-ssec.1) This section applies if an authorised officer is intending to enter a place under a warrant issued under this part.\n(sec.418-ssec.2) Before entering the place, the authorised 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 authorised officer’s identity card or other document evidencing the authorised officer’s appointment; give the person a copy of the warrant; tell the person the authorised officer is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised officer immediate entry to the place without using force.\n(sec.418-ssec.3) However, the authorised officer need not comply with subsection (2) if the authorised 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.418-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 416 (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 authorised officer’s identity card or other document evidencing the authorised officer’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised officer is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised officer immediate entry to the place without using force.","sortOrder":491},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Powers after entry","content":"## Powers after entry","sortOrder":492},{"sectionNumber":"sec.419","sectionType":"section","heading":"General powers after entering places","content":"### sec.419 General powers after entering places\n\nThis section applies to an authorised officer who enters a place under this part.\nHowever, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\nThe authorised officer may do 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 authorised officer reasonably requires for the exercise of a power under this part;\nrequire a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ;\nrequire a person at the place to give the authorised officer information to help the authorised officer ascertain whether the Act is being or has been complied with.\nWhen making a requirement mentioned in subsection (3) (f) or (g) , the authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nIf an authorised 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 419 amd 2009 No. 46 s 140\n(sec.419-ssec.1) This section applies to an authorised officer who enters a place under this part.\n(sec.419-ssec.2) However, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.\n(sec.419-ssec.3) The authorised officer may do 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 authorised officer reasonably requires for the exercise of a power under this part; require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ; require a person at the place to give the authorised officer information to help the authorised officer ascertain whether the Act is being or has been complied with.\n(sec.419-ssec.4) When making a requirement mentioned in subsection (3) (f) or (g) , the authorised 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.419-ssec.5) If an authorised 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 authorised officer reasonably requires for the exercise of a power under this part;\n- (f) require a person at the place to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (e) ;\n- (g) require a person at the place to give the authorised officer information to help the authorised officer ascertain whether the Act is being or has been complied with.","sortOrder":493},{"sectionNumber":"sec.420","sectionType":"section","heading":"Failure to help authorised officer","content":"### sec.420 Failure to help authorised officer\n\nA person required to give reasonable help under section 419 (3) (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.\n(sec.420-ssec.1) A person required to give reasonable help under section 419 (3) (f) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.420-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":494},{"sectionNumber":"sec.421","sectionType":"section","heading":"Failure to give information","content":"### sec.421 Failure to give information\n\nA person of whom a requirement is made under section 419 (3) (g) 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.\n(sec.421-ssec.1) A person of whom a requirement is made under section 419 (3) (g) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.421-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":495},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Power to seize evidence","content":"# Power to seize evidence","sortOrder":496},{"sectionNumber":"sec.422","sectionType":"section","heading":"Seizing evidence","content":"### sec.422 Seizing evidence\n\nThis section applies if, under part 2 , an authorised officer enters a place after obtaining the consent of an occupier or under a warrant.\nIf the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if—\nthe authorised officer reasonably believes the thing is evidence of—\nan offence against this Act; or\na Planning Act offence; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.\nThe authorised officer may seize anything else at the place if the authorised officer reasonably believes—\nthe thing is evidence of—\nan offence against this Act; or\na Planning Act offence; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, the offence.\nAlso, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing—\nan offence against this Act; or\na Planning Act offence.\ns 422 amd 2011 No. 6 s 141\n(sec.422-ssec.1) This section applies if, under part 2 , an authorised officer enters a place after obtaining the consent of an occupier or under a warrant.\n(sec.422-ssec.2) If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if— the authorised officer reasonably believes the thing is evidence of— an offence against this Act; or a Planning Act offence; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.422-ssec.3) If the authorised officer enters the place under a warrant, the authorised officer may seize the evidence for which the warrant was issued.\n(sec.422-ssec.4) The authorised officer may seize anything else at the place if the authorised officer reasonably believes— the thing is evidence of— an offence against this Act; or a Planning Act offence; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, the offence.\n(sec.422-ssec.5) Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing— an offence against this Act; or a Planning Act offence.\n- (a) the authorised officer reasonably believes the thing is evidence of— (i) an offence against this Act; or (ii) a Planning Act offence; and\n- (i) an offence against this Act; or\n- (ii) a Planning Act offence; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (i) an offence against this Act; or\n- (ii) a Planning Act offence; and\n- (a) the thing is evidence of— (i) an offence against this Act; or (ii) a Planning Act offence; and\n- (i) an offence against this Act; or\n- (ii) a Planning Act offence; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, the offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (i) an offence against this Act; or\n- (ii) a Planning Act offence; and\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, the offence.\n- (a) an offence against this Act; or\n- (b) a Planning Act offence.","sortOrder":497},{"sectionNumber":"sec.423","sectionType":"section","heading":"Securing seized things","content":"### sec.423 Securing seized things\n\nHaving seized a thing, an authorised officer may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it; or\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a place where the thing is situated and marking it to show access to it is restricted\nif the thing is equipment—make it inoperable.\ndismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it; or Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted\n- (c) if the thing is equipment—make it inoperable. Example of making equipment inoperable— dismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted","sortOrder":498},{"sectionNumber":"sec.424","sectionType":"section","heading":"Tampering with seized things","content":"### sec.424 Tampering with seized things\n\nIf an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval.\nMaximum penalty—100 penalty units.\nIf an authorised officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised officer’s approval.\nMaximum penalty—100 penalty units.\n(sec.424-ssec.1) If an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval. Maximum penalty—100 penalty units.\n(sec.424-ssec.2) If an authorised officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised officer’s approval. Maximum penalty—100 penalty units.","sortOrder":499},{"sectionNumber":"sec.425","sectionType":"section","heading":"Powers to support seizure","content":"### sec.425 Powers to support seizure\n\nTo enable a thing to be seized, an authorised officer may require the person in control of it—\nto take it to a stated reasonable place by a stated reasonable time; and\nif necessary, to remain in control of it at the stated place for a stated reasonable period.\nThe requirement—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.\nA further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\nA person of whom a requirement is made under subsection (1) or (3) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty for subsection (4) —50 penalty units.\n(sec.425-ssec.1) To enable a thing to be seized, an authorised officer may require the person in control of it— to take it to a stated reasonable place by a stated reasonable time; and if necessary, to remain in control of it at the stated place for a stated reasonable period.\n(sec.425-ssec.2) The requirement— must be made by notice in the approved form; or if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.\n(sec.425-ssec.3) A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.\n(sec.425-ssec.4) A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty for subsection (4) —50 penalty units.\n- (a) to take it to a stated reasonable place by a stated reasonable time; and\n- (b) if necessary, to remain in control of it at the stated place for a stated reasonable period.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give the notice, may be made orally and confirmed by a notice in the approved form as soon as practicable.","sortOrder":500},{"sectionNumber":"sec.426","sectionType":"section","heading":"Receipts for seized things","content":"### sec.426 Receipts for seized things\n\nAs soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt, having regard to the thing’s nature, condition and value.\n(sec.426-ssec.1) As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.\n(sec.426-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.426-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.426-ssec.4) This section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt, having regard to the thing’s nature, condition and value.","sortOrder":501},{"sectionNumber":"sec.427","sectionType":"section","heading":"Forfeiture by authorised officer","content":"### sec.427 Forfeiture by authorised officer\n\nA thing that has been seized under this part is forfeited to the State if the authorised officer who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nThe owner of the thing has migrated to another country.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.427-ssec.1) A thing that has been seized under this part is forfeited to the State if the authorised officer who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.427-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. The owner of the thing has migrated to another country.\n(sec.427-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner. Example for paragraph (b) — The owner of the thing has migrated to another country.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":502},{"sectionNumber":"sec.428","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.428 Forfeiture on conviction\n\nOn conviction of a person for either of the following, the court may order the forfeiture to the State of anything owned by the person and seized under this part—\nan offence against this Act;\na Planning Act offence.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.428-ssec.1) On conviction of a person for either of the following, the court may order the forfeiture to the State of anything owned by the person and seized under this part— an offence against this Act; a Planning Act offence.\n(sec.428-ssec.2) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.428-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) an offence against this Act;\n- (b) a Planning Act offence.","sortOrder":503},{"sectionNumber":"sec.429","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.429 Dealing with forfeited things\n\nOn forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\nWithout limiting subsection (1) , the chief executive may destroy or dispose of the thing.\n(sec.429-ssec.1) On forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.\n(sec.429-ssec.2) Without limiting subsection (1) , the chief executive may destroy or dispose of the thing.","sortOrder":504},{"sectionNumber":"sec.430","sectionType":"section","heading":"Return of seized things","content":"### sec.430 Return of seized things\n\nIf a seized thing is not forfeited, the authorised officer must return it to its owner—\nat the end of 6 months; or\nif a proceeding for either of the following involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding—\nan offence against this Act;\na Planning Act offence.\nDespite subsection (1) , unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied—\nits continued retention as evidence is necessary; or\nits continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.\n(sec.430-ssec.1) If a seized thing is not forfeited, the authorised officer must return it to its owner— at the end of 6 months; or if a proceeding for either of the following involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding— an offence against this Act; a Planning Act offence.\n(sec.430-ssec.2) Despite subsection (1) , unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied— its continued retention as evidence is necessary; or its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.\n- (a) at the end of 6 months; or\n- (b) if a proceeding for either of the following involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding— (i) an offence against this Act; (ii) a Planning Act offence.\n- (i) an offence against this Act;\n- (ii) a Planning Act offence.\n- (i) an offence against this Act;\n- (ii) a Planning Act offence.\n- (a) its continued retention as evidence is necessary; or\n- (b) its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.","sortOrder":505},{"sectionNumber":"sec.431","sectionType":"section","heading":"Access to seized things","content":"### sec.431 Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\nThis section does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.\n(sec.431-ssec.1) Until a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.431-ssec.2) This section does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.","sortOrder":506},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Power to require information","content":"# Power to require information","sortOrder":507},{"sectionNumber":"sec.432","sectionType":"section","heading":"Power to require name and address","content":"### sec.432 Power to require name and address\n\nThis section applies if an authorised officer—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed an offence against this Act; or\nhas information that leads the authorised officer reasonably to suspect a person has just committed an offence against this Act.\nThe authorised officer may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.\nAlso, the authorised officer may require the person to give evidence of the correctness of the stated name and 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 address or to otherwise be able to give the evidence.\n(sec.432-ssec.1) This section applies if an authorised officer— finds a person committing an offence against this Act; or finds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed an offence against this Act; or has information that leads the authorised officer reasonably to suspect a person has just committed an offence against this Act.\n(sec.432-ssec.2) The authorised officer may require the person to state the person’s name and residential address.\n(sec.432-ssec.3) When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address unless the person has a reasonable excuse.\n(sec.432-ssec.4) Also, the authorised officer may require the person to give evidence of the correctness of the stated name and 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 address or to otherwise be able to give the evidence.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the authorised officer reasonably to suspect a person has just committed an offence against this Act.","sortOrder":508},{"sectionNumber":"sec.433","sectionType":"section","heading":"Failure to give name or address","content":"### sec.433 Failure to give name or address\n\nA person of whom a requirement under section 432 is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.433-ssec.1) A person of whom a requirement under section 432 is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.433-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":509},{"sectionNumber":"sec.434","sectionType":"section","heading":"Power to require information or documents","content":"### sec.434 Power to require information or documents\n\nSubsection (2) applies if an authorised officer reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised officer may, by notice given to the person, require the person to give the authorised officer, either orally or in writing, information in the person’s knowledge about the offence within a stated reasonable period and in a stated reasonable way.\nAn authorised officer may, by notice given to a person, require the person to give an authorised officer, within a stated reasonable period and in a stated reasonable way, a document in the person’s possession or control relating to a service provider’s registered service or a recycled water provider’s production or supply of recycled water.\nThe authorised officer may keep the document mentioned in subsection (3) to copy it.\nIf the authorised officer copies the document, or an entry in the document, the chief executive or officer may require the person who has possession or control of the document to certify the copy as a true copy of the document or entry.\nThe authorised officer must return the document to the person as soon as practicable after copying it.\nA person of whom a requirement is made under subsection (2) , (3) or (5) 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 not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) or (3) that complying with the requirement might tend to incriminate the person.\nHowever, if the person is an individual, evidence of, or evidence directly or indirectly derived from, the information that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.\nIf a court convicts a person of an offence against subsection (7) , the court may also order the person to give a stated authorised officer, within a stated period and in a stated way, information or a document to which the requirement related.\nThe powers in this part are limited by part 2 (Powers of authorised officers).\ns 434 amd 2013 No. 23 s 352 sch 1 pt 1\n(sec.434-ssec.1) Subsection (2) applies if an authorised officer reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.434-ssec.2) The authorised officer may, by notice given to the person, require the person to give the authorised officer, either orally or in writing, information in the person’s knowledge about the offence within a stated reasonable period and in a stated reasonable way.\n(sec.434-ssec.3) An authorised officer may, by notice given to a person, require the person to give an authorised officer, within a stated reasonable period and in a stated reasonable way, a document in the person’s possession or control relating to a service provider’s registered service or a recycled water provider’s production or supply of recycled water.\n(sec.434-ssec.4) The authorised officer may keep the document mentioned in subsection (3) to copy it.\n(sec.434-ssec.5) If the authorised officer copies the document, or an entry in the document, the chief executive or officer may require the person who has possession or control of the document to certify the copy as a true copy of the document or entry.\n(sec.434-ssec.6) The authorised officer must return the document to the person as soon as practicable after copying it.\n(sec.434-ssec.7) A person of whom a requirement is made under subsection (2) , (3) or (5) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.434-ssec.8) If the person is an individual, it is not a reasonable excuse for the person to fail to comply with a requirement made under subsection (2) or (3) that complying with the requirement might tend to incriminate the person.\n(sec.434-ssec.9) However, if the person is an individual, evidence of, or evidence directly or indirectly derived from, the information that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.\n(sec.434-ssec.10) If a court convicts a person of an offence against subsection (7) , the court may also order the person to give a stated authorised officer, within a stated period and in a stated way, information or a document to which the requirement related. The powers in this part are limited by part 2 (Powers of authorised officers).\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":510},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Particular enforcement provisions relating to drinking water and recycled water","content":"# Particular enforcement provisions relating to drinking water and recycled water","sortOrder":511},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":512},{"sectionNumber":"sec.435","sectionType":"section","heading":"Application of pt 5","content":"### sec.435 Application of pt 5\n\nThis part applies if—\nthe regulator is satisfied or reasonably believes that—\na noncompliance has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, and the noncompliance may have an adverse effect on public health; or\nan event has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health; and\nContaminated water has leaked from an industrial site into a source of drinking water.\nthe regulator is satisfied or reasonably believes that—\nurgent action is necessary to prevent or minimise the adverse effect; or\nthe noncompliance or event has happened on another occasion in relation to the recycled water scheme or drinking water service and action is necessary to prevent the noncompliance or event from happening again.\nIn this section—\nnoncompliance means—\na drinking water service provider has not complied with—\nthe drinking water quality management plan or a condition of the plan for the provider’s drinking water service; or\na notice issued to the provider under section 630 (2) ; or\na scheme manager, recycled water provider or other declared entity for a recycled water scheme has not complied with the recycled water management plan for the scheme or a condition of the plan.\ns 435 sub 2009 No. 46 s 141\namd 2010 No. 53 s 230 ; 2014 No. 16 s 83 ; 2014 No. 31 s 37\n(sec.435-ssec.1) This part applies if— the regulator is satisfied or reasonably believes that— a noncompliance has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, and the noncompliance may have an adverse effect on public health; or an event has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health; and Contaminated water has leaked from an industrial site into a source of drinking water. the regulator is satisfied or reasonably believes that— urgent action is necessary to prevent or minimise the adverse effect; or the noncompliance or event has happened on another occasion in relation to the recycled water scheme or drinking water service and action is necessary to prevent the noncompliance or event from happening again.\n(sec.435-ssec.2) In this section— noncompliance means— a drinking water service provider has not complied with— the drinking water quality management plan or a condition of the plan for the provider’s drinking water service; or a notice issued to the provider under section 630 (2) ; or a scheme manager, recycled water provider or other declared entity for a recycled water scheme has not complied with the recycled water management plan for the scheme or a condition of the plan.\n- (a) the regulator is satisfied or reasonably believes that— (i) a noncompliance has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, and the noncompliance may have an adverse effect on public health; or (ii) an event has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health; and Example for subparagraph (ii) — Contaminated water has leaked from an industrial site into a source of drinking water.\n- (i) a noncompliance has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, and the noncompliance may have an adverse effect on public health; or\n- (ii) an event has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health; and Example for subparagraph (ii) — Contaminated water has leaked from an industrial site into a source of drinking water.\n- (b) the regulator is satisfied or reasonably believes that— (i) urgent action is necessary to prevent or minimise the adverse effect; or (ii) the noncompliance or event has happened on another occasion in relation to the recycled water scheme or drinking water service and action is necessary to prevent the noncompliance or event from happening again.\n- (i) urgent action is necessary to prevent or minimise the adverse effect; or\n- (ii) the noncompliance or event has happened on another occasion in relation to the recycled water scheme or drinking water service and action is necessary to prevent the noncompliance or event from happening again.\n- (i) a noncompliance has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, and the noncompliance may have an adverse effect on public health; or\n- (ii) an event has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health; and Example for subparagraph (ii) — Contaminated water has leaked from an industrial site into a source of drinking water.\n- (i) urgent action is necessary to prevent or minimise the adverse effect; or\n- (ii) the noncompliance or event has happened on another occasion in relation to the recycled water scheme or drinking water service and action is necessary to prevent the noncompliance or event from happening again.\n- (a) a drinking water service provider has not complied with— (i) the drinking water quality management plan or a condition of the plan for the provider’s drinking water service; or (ii) a notice issued to the provider under section 630 (2) ; or\n- (i) the drinking water quality management plan or a condition of the plan for the provider’s drinking water service; or\n- (ii) a notice issued to the provider under section 630 (2) ; or\n- (b) a scheme manager, recycled water provider or other declared entity for a recycled water scheme has not complied with the recycled water management plan for the scheme or a condition of the plan.\n- (i) the drinking water quality management plan or a condition of the plan for the provider’s drinking water service; or\n- (ii) a notice issued to the provider under section 630 (2) ; or","sortOrder":513},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Enforcement provisions","content":"## Enforcement provisions","sortOrder":514},{"sectionNumber":"sec.436","sectionType":"section","heading":"Power about preventing or minimising adverse effects—general","content":"### sec.436 Power about preventing or minimising adverse effects—general\n\nThe regulator may, for the purpose of preventing or minimising the adverse effect—\ndirect any person to take stated reasonable steps within a stated reasonable period; or\ntake the reasonable steps; or\nauthorise an authorised officer to take the reasonable steps.\nA direction under subsection (1) (a) may be given orally or by written notice.\nHowever, if the direction is given orally, the regulator must as soon as practicable confirm the direction by notice given to the person.\nWhen giving a person a direction under subsection (1) (a) , the regulator must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\ns 436 amd 2009 No. 46 s 142\n(sec.436-ssec.1) The regulator may, for the purpose of preventing or minimising the adverse effect— direct any person to take stated reasonable steps within a stated reasonable period; or take the reasonable steps; or authorise an authorised officer to take the reasonable steps.\n(sec.436-ssec.2) A direction under subsection (1) (a) may be given orally or by written notice.\n(sec.436-ssec.3) However, if the direction is given orally, the regulator must as soon as practicable confirm the direction by notice given to the person.\n(sec.436-ssec.4) When giving a person a direction under subsection (1) (a) , the regulator must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.\n- (a) direct any person to take stated reasonable steps within a stated reasonable period; or\n- (b) take the reasonable steps; or\n- (c) authorise an authorised officer to take the reasonable steps.","sortOrder":515},{"sectionNumber":"sec.437","sectionType":"section","heading":"Offence to fail to comply with direction","content":"### sec.437 Offence to fail to comply with direction\n\nA person given a direction under section 436 (1) (a) must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—1,665 penalty units.","sortOrder":516},{"sectionNumber":"sec.438","sectionType":"section","heading":"Particular powers of regulator or authorised officer","content":"### sec.438 Particular powers of regulator or authorised officer\n\nIf the regulator decides to take the reasonable steps, or authorise an authorised officer to take the reasonable steps, the regulator or officer may—\nwithout a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and\nin taking the steps, exercise any powers of an authorised officer under part 2 , 3 or 4 .\nBefore entering a place under subsection (1) (a) , the regulator must do or make a reasonable attempt to do the following—\ntell the occupier of the place the regulator is permitted under this Act to enter the place;\ngive the occupier an opportunity to allow the regulator immediate entry to the place without using force.\nBefore entering a place under subsection (1) (a) , the authorised officer must do or make a reasonable attempt to do the following—\ncomply with section 405 (1) ;\ntell the occupier of the place the officer is permitted under this Act to enter the place;\ngive the occupier an opportunity to allow the officer immediate entry to the place without using force.\n(sec.438-ssec.1) If the regulator decides to take the reasonable steps, or authorise an authorised officer to take the reasonable steps, the regulator or officer may— without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and in taking the steps, exercise any powers of an authorised officer under part 2 , 3 or 4 .\n(sec.438-ssec.2) Before entering a place under subsection (1) (a) , the regulator must do or make a reasonable attempt to do the following— tell the occupier of the place the regulator is permitted under this Act to enter the place; give the occupier an opportunity to allow the regulator immediate entry to the place without using force.\n(sec.438-ssec.3) Before entering a place under subsection (1) (a) , the authorised officer must do or make a reasonable attempt to do the following— comply with section 405 (1) ; tell the occupier of the place the officer is permitted under this Act to enter the place; give the occupier an opportunity to allow the officer immediate entry to the place without using force.\n- (a) without a warrant, enter any place, other than premises or a part of premises where a person resides, to take the steps; and\n- (b) in taking the steps, exercise any powers of an authorised officer under part 2 , 3 or 4 .\n- (a) tell the occupier of the place the regulator is permitted under this Act to enter the place;\n- (b) give the occupier an opportunity to allow the regulator immediate entry to the place without using force.\n- (a) comply with section 405 (1) ;\n- (b) tell the occupier of the place the officer is permitted under this Act to enter the place;\n- (c) give the occupier an opportunity to allow the officer immediate entry to the place without using force.","sortOrder":517},{"sectionNumber":"sec.439","sectionType":"section","heading":"How powers may be exercised","content":"### sec.439 How powers may be exercised\n\nThe regulator or authorised officer may exercise the powers mentioned in section 438 (the emergency powers ) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.\nIn exercising or attempting to exercise emergency powers in relation to a place, the regulator or authorised officer must take all reasonable steps to ensure the regulator or officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\n(sec.439-ssec.1) The regulator or authorised officer may exercise the powers mentioned in section 438 (the emergency powers ) at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.439-ssec.2) In exercising or attempting to exercise emergency powers in relation to a place, the regulator or authorised officer must take all reasonable steps to ensure the regulator or officer causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.","sortOrder":518},{"sectionNumber":"sec.440","sectionType":"section","heading":"Regulator’s powers not affected","content":"### sec.440 Regulator’s powers not affected\n\nThis division does not limit any power the regulator has apart from this division.","sortOrder":519},{"sectionNumber":"ch.5-pt.5-div.3","sectionType":"division","heading":"Cost recovery","content":"## Cost recovery","sortOrder":520},{"sectionNumber":"sec.441","sectionType":"section","heading":"Definitions for div 3","content":"### sec.441 Definitions for div 3\n\nIn this division—\ncost recovery notice see section 443 (2) .\ncosts and expenses includes labour, equipment and administrative costs and expenses.\nevent means anything that has happened or is likely to happen, in relation to a recycled water scheme or drinking water service, that may have an adverse effect on public health.\ns 441 def event sub 2010 No. 53 s 231 ; 2014 No. 31 s 38\nnoncompliance see section 435 (2) .\nprescribed person see section 442 (1) .\nwater supply incident means—\na noncompliance; or\nan event.\ns 441 sub 2009 No. 46 s 143\n- (a) a noncompliance; or\n- (b) an event.","sortOrder":521},{"sectionNumber":"sec.442","sectionType":"section","heading":"Who is a prescribed person for a water supply incident","content":"### sec.442 Who is a prescribed person for a water supply incident\n\nEach of the following is a prescribed person for a water supply incident—\nfor a noncompliance—the relevant provider responsible for the noncompliance;\nfor an event that has happened—\na person who caused or permitted the event to happen; and\na person who at the time of the event was—\nthe occupier of a place at which the event happened; or\nthe owner, or person in control, of a contaminant involved in the event;\nfor an event that is likely to happen—\na person who would be responsible for causing the event if it were to happen; and\na person who is—\nthe occupier of a place at which the event is likely to happen; or\nthe owner, or person in control, of a contaminant likely to be involved in the event.\nIn this section—\ncontaminant means anything likely to affect a recycled water scheme or drinking water service in a way that would have an adverse effect on public health.\nrelevant provider means—\na drinking water service provider; or\na recycled water provider or other declared entity for a recycled water scheme; or\na scheme manager for a multiple-entity recycled water scheme.\ns 442 ins 2009 No. 46 s 143\n(sec.442-ssec.1) Each of the following is a prescribed person for a water supply incident— for a noncompliance—the relevant provider responsible for the noncompliance; for an event that has happened— a person who caused or permitted the event to happen; and a person who at the time of the event was— the occupier of a place at which the event happened; or the owner, or person in control, of a contaminant involved in the event; for an event that is likely to happen— a person who would be responsible for causing the event if it were to happen; and a person who is— the occupier of a place at which the event is likely to happen; or the owner, or person in control, of a contaminant likely to be involved in the event.\n(sec.442-ssec.2) In this section— contaminant means anything likely to affect a recycled water scheme or drinking water service in a way that would have an adverse effect on public health. relevant provider means— a drinking water service provider; or a recycled water provider or other declared entity for a recycled water scheme; or a scheme manager for a multiple-entity recycled water scheme.\n- (a) for a noncompliance—the relevant provider responsible for the noncompliance;\n- (b) for an event that has happened— (i) a person who caused or permitted the event to happen; and (ii) a person who at the time of the event was— (A) the occupier of a place at which the event happened; or (B) the owner, or person in control, of a contaminant involved in the event;\n- (i) a person who caused or permitted the event to happen; and\n- (ii) a person who at the time of the event was— (A) the occupier of a place at which the event happened; or (B) the owner, or person in control, of a contaminant involved in the event;\n- (A) the occupier of a place at which the event happened; or\n- (B) the owner, or person in control, of a contaminant involved in the event;\n- (c) for an event that is likely to happen— (i) a person who would be responsible for causing the event if it were to happen; and (ii) a person who is— (A) the occupier of a place at which the event is likely to happen; or (B) the owner, or person in control, of a contaminant likely to be involved in the event.\n- (i) a person who would be responsible for causing the event if it were to happen; and\n- (ii) a person who is— (A) the occupier of a place at which the event is likely to happen; or (B) the owner, or person in control, of a contaminant likely to be involved in the event.\n- (A) the occupier of a place at which the event is likely to happen; or\n- (B) the owner, or person in control, of a contaminant likely to be involved in the event.\n- (i) a person who caused or permitted the event to happen; and\n- (ii) a person who at the time of the event was— (A) the occupier of a place at which the event happened; or (B) the owner, or person in control, of a contaminant involved in the event;\n- (A) the occupier of a place at which the event happened; or\n- (B) the owner, or person in control, of a contaminant involved in the event;\n- (A) the occupier of a place at which the event happened; or\n- (B) the owner, or person in control, of a contaminant involved in the event;\n- (i) a person who would be responsible for causing the event if it were to happen; and\n- (ii) a person who is— (A) the occupier of a place at which the event is likely to happen; or (B) the owner, or person in control, of a contaminant likely to be involved in the event.\n- (A) the occupier of a place at which the event is likely to happen; or\n- (B) the owner, or person in control, of a contaminant likely to be involved in the event.\n- (A) the occupier of a place at which the event is likely to happen; or\n- (B) the owner, or person in control, of a contaminant likely to be involved in the event.\n- (a) a drinking water service provider; or\n- (b) a recycled water provider or other declared entity for a recycled water scheme; or\n- (c) a scheme manager for a multiple-entity recycled water scheme.","sortOrder":522},{"sectionNumber":"sec.443","sectionType":"section","heading":"Regulator may give notice for recovery of costs","content":"### sec.443 Regulator may give notice for recovery of costs\n\nThis section applies if—\nthe regulator decides to take reasonable steps, or authorises an authorised officer to take reasonable steps, under section 436 in relation to a water supply incident; and\nthe regulator or authorised officer takes the reasonable steps.\nThe regulator may decide to give a notice (a cost recovery notice ) to a person who the regulator is satisfied is a prescribed person for the water supply incident for payment of the costs and expenses reasonably incurred in taking the reasonable steps.\nHowever, subsection (2) does not apply if the water supply incident was caused by a natural disaster.\nThe cost recovery notice must—\nstate the following—\nthe name of the recipient;\na description of the water supply incident;\nthe place at which the regulator is satisfied the water supply incident happened;\nthe amount claimed;\na description of the costs and expenses giving rise to the amount claimed;\nthat if the recipient does not pay the amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount from the recipient as a debt;\nthe contact details of the regulator; and\ninclude or be accompanied by an information notice for the decision to give the cost recovery notice.\ns 443 ins 2009 No. 46 s 143\n(sec.443-ssec.1) This section applies if— the regulator decides to take reasonable steps, or authorises an authorised officer to take reasonable steps, under section 436 in relation to a water supply incident; and the regulator or authorised officer takes the reasonable steps.\n(sec.443-ssec.2) The regulator may decide to give a notice (a cost recovery notice ) to a person who the regulator is satisfied is a prescribed person for the water supply incident for payment of the costs and expenses reasonably incurred in taking the reasonable steps.\n(sec.443-ssec.3) However, subsection (2) does not apply if the water supply incident was caused by a natural disaster.\n(sec.443-ssec.4) The cost recovery notice must— state the following— the name of the recipient; a description of the water supply incident; the place at which the regulator is satisfied the water supply incident happened; the amount claimed; a description of the costs and expenses giving rise to the amount claimed; that if the recipient does not pay the amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount from the recipient as a debt; the contact details of the regulator; and include or be accompanied by an information notice for the decision to give the cost recovery notice.\n- (a) the regulator decides to take reasonable steps, or authorises an authorised officer to take reasonable steps, under section 436 in relation to a water supply incident; and\n- (b) the regulator or authorised officer takes the reasonable steps.\n- (a) state the following— (i) the name of the recipient; (ii) a description of the water supply incident; (iii) the place at which the regulator is satisfied the water supply incident happened; (iv) the amount claimed; (v) a description of the costs and expenses giving rise to the amount claimed; (vi) that if the recipient does not pay the amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount from the recipient as a debt; (vii) the contact details of the regulator; and\n- (i) the name of the recipient;\n- (ii) a description of the water supply incident;\n- (iii) the place at which the regulator is satisfied the water supply incident happened;\n- (iv) the amount claimed;\n- (v) a description of the costs and expenses giving rise to the amount claimed;\n- (vi) that if the recipient does not pay the amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount from the recipient as a debt;\n- (vii) the contact details of the regulator; and\n- (b) include or be accompanied by an information notice for the decision to give the cost recovery notice.\n- (i) the name of the recipient;\n- (ii) a description of the water supply incident;\n- (iii) the place at which the regulator is satisfied the water supply incident happened;\n- (iv) the amount claimed;\n- (v) a description of the costs and expenses giving rise to the amount claimed;\n- (vi) that if the recipient does not pay the amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount from the recipient as a debt;\n- (vii) the contact details of the regulator; and","sortOrder":523},{"sectionNumber":"sec.444","sectionType":"section","heading":"Regulator may recover costs","content":"### sec.444 Regulator may recover costs\n\nIf the recipient of a cost recovery notice does not pay the amount claimed to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount under subsection (4) from the recipient as a debt.\nHowever, the amount is not payable if the recipient is not a prescribed person.\nAlso, the amount is not payable if—\nthe water supply incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and\nthe recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident.\nAn amount that is a debt under subsection (1) bears interest at the rate stated in a regulation.\nIf a cost recovery notice is given to 2 or more recipients the amount claimed in the notice is payable by the recipients jointly and severally.\nTo the extent that the recipient pays an amount in compliance with a cost recovery notice but did not cause or permit the water supply incident to happen, the recipient may recover the amount as a debt from another person who caused or permitted the water supply incident to happen.\ns 444 ins 2009 No. 46 s 143\n(sec.444-ssec.1) If the recipient of a cost recovery notice does not pay the amount claimed to the regulator within 30 days after the day the notice is given, the regulator may recover the amount and any interest payable on the amount under subsection (4) from the recipient as a debt.\n(sec.444-ssec.2) However, the amount is not payable if the recipient is not a prescribed person.\n(sec.444-ssec.3) Also, the amount is not payable if— the water supply incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident.\n(sec.444-ssec.4) An amount that is a debt under subsection (1) bears interest at the rate stated in a regulation.\n(sec.444-ssec.5) If a cost recovery notice is given to 2 or more recipients the amount claimed in the notice is payable by the recipients jointly and severally.\n(sec.444-ssec.6) To the extent that the recipient pays an amount in compliance with a cost recovery notice but did not cause or permit the water supply incident to happen, the recipient may recover the amount as a debt from another person who caused or permitted the water supply incident to happen.\n- (a) the water supply incident was caused by a terrorist act or other deliberate act of sabotage by someone other than the recipient; and\n- (b) the recipient had taken all measures it would be reasonable for the recipient to have taken to prevent the incident, having regard to all the circumstances including the inherent nature of the risk and the nature of the recipient’s connection with the incident.","sortOrder":524},{"sectionNumber":"ch.5-pt.5A","sectionType":"part","heading":"Particular provisions to monitor relevant service providers","content":"# Particular provisions to monitor relevant service providers","sortOrder":525},{"sectionNumber":"ch.5-pt.5A-div.1","sectionType":"division","heading":"Investigations","content":"## Investigations","sortOrder":526},{"sectionNumber":"sec.445","sectionType":"section","heading":"When regulator may investigate and recover costs","content":"### sec.445 When regulator may investigate and recover costs\n\nThis section applies if the regulator reasonably believes there is a risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service.\nWithout limiting section 403 , the regulator may start, or direct an authorised officer to start, an investigation about the provider’s supply of its service.\nThe regulator must give the provider a copy of any report prepared because of the investigation.\nThe regulator may decide to require the provider to pay the reasonable costs incurred by the regulator in conducting the investigation.\nHowever, the requirement may only be made if, because of the investigation, the regulator is satisfied there is a risk to water security or continuity of the supply of the provider’s service.\nThe regulator must give the provider an information notice about the decision that also states the following—\nthe amount claimed;\na description of the reasonable expenses giving rise to the amount;\nthat if the provider does not pay the regulator the amount within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable under subsection (8) , from the provider as a debt.\nIf the provider does not comply with the requirement, the regulator may recover from the provider the amount claimed, and any interest payable on the amount under subsection (8) , as a debt owing in a court of competent jurisdiction.\nThe debt bears interest at the rate prescribed under a regulation.\ns 445 prev s 445 ins 2009 No. 46 s 143\nom 2014 No. 16 s 84\npres s 445 ins 2014 No. 16 s 85\n(sec.445-ssec.1) This section applies if the regulator reasonably believes there is a risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service.\n(sec.445-ssec.2) Without limiting section 403 , the regulator may start, or direct an authorised officer to start, an investigation about the provider’s supply of its service.\n(sec.445-ssec.3) The regulator must give the provider a copy of any report prepared because of the investigation.\n(sec.445-ssec.4) The regulator may decide to require the provider to pay the reasonable costs incurred by the regulator in conducting the investigation.\n(sec.445-ssec.5) However, the requirement may only be made if, because of the investigation, the regulator is satisfied there is a risk to water security or continuity of the supply of the provider’s service.\n(sec.445-ssec.6) The regulator must give the provider an information notice about the decision that also states the following— the amount claimed; a description of the reasonable expenses giving rise to the amount; that if the provider does not pay the regulator the amount within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable under subsection (8) , from the provider as a debt.\n(sec.445-ssec.7) If the provider does not comply with the requirement, the regulator may recover from the provider the amount claimed, and any interest payable on the amount under subsection (8) , as a debt owing in a court of competent jurisdiction.\n(sec.445-ssec.8) The debt bears interest at the rate prescribed under a regulation.\n- (a) the amount claimed;\n- (b) a description of the reasonable expenses giving rise to the amount;\n- (c) that if the provider does not pay the regulator the amount within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable under subsection (8) , from the provider as a debt.","sortOrder":527},{"sectionNumber":"ch.5-pt.5A-div.2","sectionType":"division","heading":"Improvement plans","content":"## Improvement plans","sortOrder":528},{"sectionNumber":"sec.446","sectionType":"section","heading":"Regulator may require an improvement plan","content":"### sec.446 Regulator may require an improvement plan\n\nThis section applies if, because of an investigation under section 445 , the regulator—\nis satisfied a circumstance mentioned in section 445 (1) exists for a relevant service provider; and\nis not satisfied adequate measures to address the circumstance are in place.\nThe regulator may decide to give the provider a notice (an improvement notice ), requiring the provider to make a plan (an improvement plan ) about the following—\nhow the provider intends to address the recommendations from the investigation that need to be addressed in the improvement plan;\nthe funding options for addressing the recommendations;\nthe time frames for implementing the plan;\nthe requirements for reporting on the progress of implementing the plan.\nHowever, before giving the improvement notice, the regulator must—\ngive the provider a show cause notice for the decision; and\nconsider any properly made submissions given in response to the show cause notice.\nThe improvement notice must—\nstate the following—\nthat the regulator requires the provider to do the following—\nmake the improvement plan and give the regulator a copy of it within a stated reasonable period;\nimplement the plan;\nthe recommendations from the investigation that the plan must address;\nthe outcomes required to be achieved by implementing the plan; and\ninclude, or be accompanied by, an information notice about the decision.\ns 446 ins 2014 No. 16 s 85\n(sec.446-ssec.1) This section applies if, because of an investigation under section 445 , the regulator— is satisfied a circumstance mentioned in section 445 (1) exists for a relevant service provider; and is not satisfied adequate measures to address the circumstance are in place.\n(sec.446-ssec.2) The regulator may decide to give the provider a notice (an improvement notice ), requiring the provider to make a plan (an improvement plan ) about the following— how the provider intends to address the recommendations from the investigation that need to be addressed in the improvement plan; the funding options for addressing the recommendations; the time frames for implementing the plan; the requirements for reporting on the progress of implementing the plan.\n(sec.446-ssec.3) However, before giving the improvement notice, the regulator must— give the provider a show cause notice for the decision; and consider any properly made submissions given in response to the show cause notice.\n(sec.446-ssec.4) The improvement notice must— state the following— that the regulator requires the provider to do the following— make the improvement plan and give the regulator a copy of it within a stated reasonable period; implement the plan; the recommendations from the investigation that the plan must address; the outcomes required to be achieved by implementing the plan; and include, or be accompanied by, an information notice about the decision.\n- (a) is satisfied a circumstance mentioned in section 445 (1) exists for a relevant service provider; and\n- (b) is not satisfied adequate measures to address the circumstance are in place.\n- (a) how the provider intends to address the recommendations from the investigation that need to be addressed in the improvement plan;\n- (b) the funding options for addressing the recommendations;\n- (c) the time frames for implementing the plan;\n- (d) the requirements for reporting on the progress of implementing the plan.\n- (a) give the provider a show cause notice for the decision; and\n- (b) consider any properly made submissions given in response to the show cause notice.\n- (a) state the following— (i) that the regulator requires the provider to do the following— (A) make the improvement plan and give the regulator a copy of it within a stated reasonable period; (B) implement the plan; (ii) the recommendations from the investigation that the plan must address; (iii) the outcomes required to be achieved by implementing the plan; and\n- (i) that the regulator requires the provider to do the following— (A) make the improvement plan and give the regulator a copy of it within a stated reasonable period; (B) implement the plan;\n- (A) make the improvement plan and give the regulator a copy of it within a stated reasonable period;\n- (B) implement the plan;\n- (ii) the recommendations from the investigation that the plan must address;\n- (iii) the outcomes required to be achieved by implementing the plan; and\n- (b) include, or be accompanied by, an information notice about the decision.\n- (i) that the regulator requires the provider to do the following— (A) make the improvement plan and give the regulator a copy of it within a stated reasonable period; (B) implement the plan;\n- (A) make the improvement plan and give the regulator a copy of it within a stated reasonable period;\n- (B) implement the plan;\n- (ii) the recommendations from the investigation that the plan must address;\n- (iii) the outcomes required to be achieved by implementing the plan; and\n- (A) make the improvement plan and give the regulator a copy of it within a stated reasonable period;\n- (B) implement the plan;","sortOrder":529},{"sectionNumber":"sec.447","sectionType":"section","heading":"Offence to contravene improvement notice","content":"### sec.447 Offence to contravene improvement notice\n\nA relevant service provider given an improvement notice under section 446 must comply with the notice, unless the provider has a reasonable excuse.\nMaximum penalty—1,000 penalty units.\ns 447 ins 2014 No. 16 s 85","sortOrder":530},{"sectionNumber":"ch.5-pt.5A-div.3","sectionType":"division","heading":"Directions for water security or continuity of supply","content":"## Directions for water security or continuity of supply","sortOrder":531},{"sectionNumber":"sec.448","sectionType":"section","heading":"Power to give direction for water security or continuity of supply","content":"### sec.448 Power to give direction for water security or continuity of supply\n\nThis section applies if the regulator—\nreasonably believes that—\nthere is an imminent risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service; and\nurgent action is necessary to prevent or minimise the risk; and\nis not satisfied adequate measures to address the risk are in place.\nThe regulator may, for the purpose of preventing or minimising the risk, by notice direct the provider to take stated reasonable steps within a stated reasonable period.\nThe regulator must, as soon as practicable after giving the direction, give the provider an information notice about the decision to give the direction.\ns 448 ins 2014 No. 16 s 85\n(sec.448-ssec.1) This section applies if the regulator— reasonably believes that— there is an imminent risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service; and urgent action is necessary to prevent or minimise the risk; and is not satisfied adequate measures to address the risk are in place.\n(sec.448-ssec.2) The regulator may, for the purpose of preventing or minimising the risk, by notice direct the provider to take stated reasonable steps within a stated reasonable period.\n(sec.448-ssec.3) The regulator must, as soon as practicable after giving the direction, give the provider an information notice about the decision to give the direction.\n- (a) reasonably believes that— (i) there is an imminent risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service; and (ii) urgent action is necessary to prevent or minimise the risk; and\n- (i) there is an imminent risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service; and\n- (ii) urgent action is necessary to prevent or minimise the risk; and\n- (b) is not satisfied adequate measures to address the risk are in place.\n- (i) there is an imminent risk to water security or continuity of the supply of a relevant service provider’s water service or sewerage service; and\n- (ii) urgent action is necessary to prevent or minimise the risk; and","sortOrder":532},{"sectionNumber":"sec.449","sectionType":"section","heading":"Offence to contravene direction","content":"### sec.449 Offence to contravene direction\n\nA relevant service provider given a direction under section 448 must comply with the direction, unless the provider has a reasonable excuse.\nMaximum penalty—1,665 penalty units.\ns 449 ins 2014 No. 16 s 85","sortOrder":533},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":534},{"sectionNumber":"sec.450","sectionType":"section","heading":"Notice of damage","content":"### sec.450 Notice of damage\n\nThis section applies if—\nan authorised officer damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction or authority of an authorised officer damages property.\nThe authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\nIf the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s, or other person’s, control, the authorised officer may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the authorised 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 authorised officer reasonably believes is trivial.\nIn this section—\nowner , of property, includes a person in possession or control of it.\n(sec.450-ssec.1) This section applies if— an authorised officer damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction or authority of an authorised officer damages property.\n(sec.450-ssec.2) The authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.\n(sec.450-ssec.3) If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s, or other person’s, control, the authorised officer may state the belief in the notice.\n(sec.450-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the authorised officer must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way.\n(sec.450-ssec.5) This section does not apply to damage the authorised officer reasonably believes is trivial.\n(sec.450-ssec.6) In this section— owner , of property, includes a person in possession or control of it.\n- (a) an authorised officer damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction or authority of an authorised officer damages property.","sortOrder":535},{"sectionNumber":"sec.451","sectionType":"section","heading":"Compensation","content":"### sec.451 Compensation\n\nIf a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 , division 1 or 3 , or part 5 , the person may claim compensation from the State.\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the division.\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\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.\n(sec.451-ssec.1) If a person incurs loss or expense because of the exercise or purported exercise of a power under part 2 , division 1 or 3 , or part 5 , the person may claim compensation from the State.\n(sec.451-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the division.\n(sec.451-ssec.3) 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; or for an offence against this Act brought against the person claiming compensation.\n(sec.451-ssec.4) 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.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":536},{"sectionNumber":"sec.452","sectionType":"section","heading":"Sections 452 –459 not used","content":"### sec.452 Sections 452 –459 not used\n\nSee editor’s note for section 1 .","sortOrder":537},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"Obtaining criminal history reports","content":"# Obtaining criminal history reports","sortOrder":538},{"sectionNumber":"sec.460","sectionType":"section","heading":"Purpose of pt 7","content":"### sec.460 Purpose of pt 7\n\nThe purpose of this part is to help an authorised officer to decide whether the authorised officer’s unaccompanied entry of a place under part 2 would create an unacceptable level of risk to the authorised officer’s safety.","sortOrder":539},{"sectionNumber":"sec.461","sectionType":"section","heading":"Chief executive’s power to obtain criminal history report","content":"### sec.461 Chief executive’s power to obtain criminal history report\n\nThe chief executive may ask the commissioner of the police service for a written report about the criminal history of a person if an authorised officer reasonably suspects the person may be present at a place when the authorised officer enters the place under part 2 .\nThe commissioner of the police service must give the report to the chief executive.\nHowever, the report is required to contain only criminal history that is in the commissioner’s possession or to which the commissioner has access.\nThe chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving the use of a weapon or violence against a person.\nThe chief executive may give the authorised officer information in the report about the offences identified under subsection (4) .\n(sec.461-ssec.1) The chief executive may ask the commissioner of the police service for a written report about the criminal history of a person if an authorised officer reasonably suspects the person may be present at a place when the authorised officer enters the place under part 2 .\n(sec.461-ssec.2) The commissioner of the police service must give the report to the chief executive.\n(sec.461-ssec.3) However, the report is required to contain only criminal history that is in the commissioner’s possession or to which the commissioner has access.\n(sec.461-ssec.4) The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving the use of a weapon or violence against a person.\n(sec.461-ssec.5) The chief executive may give the authorised officer information in the report about the offences identified under subsection (4) .","sortOrder":540},{"sectionNumber":"sec.462","sectionType":"section","heading":"Criminal history is confidential document","content":"### sec.462 Criminal history is confidential document\n\nA person must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 461 .\nMaximum penalty—100 penalty units.\nHowever, the person does not contravene subsection (1) if—\nthe disclosure of the report or information is for the purpose of the other person performing a function under or in relation to this Act; or\nthe disclosure is otherwise required or permitted by law.\nThe chief executive or an authorised officer to whom the report or written information in the report is provided must destroy the report as soon as practicable after the authorised officer considers the risk mentioned in section 460 .\n(sec.462-ssec.1) A person must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 461 . Maximum penalty—100 penalty units.\n(sec.462-ssec.2) However, the person does not contravene subsection (1) if— the disclosure of the report or information is for the purpose of the other person performing a function under or in relation to this Act; or the disclosure is otherwise required or permitted by law.\n(sec.462-ssec.3) The chief executive or an authorised officer to whom the report or written information in the report is provided must destroy the report as soon as practicable after the authorised officer considers the risk mentioned in section 460 .\n- (a) the disclosure of the report or information is for the purpose of the other person performing a function under or in relation to this Act; or\n- (b) the disclosure is otherwise required or permitted by law.","sortOrder":541},{"sectionNumber":"ch.5-pt.8","sectionType":"part","heading":"Notices and cost recovery","content":"# Notices and cost recovery","sortOrder":542},{"sectionNumber":"ch.5-pt.8-div.1","sectionType":"division","heading":"Show cause notices","content":"## Show cause notices","sortOrder":543},{"sectionNumber":"sec.463","sectionType":"section","heading":"General requirements for show cause notices","content":"### sec.463 General requirements for show cause notices\n\nA show cause notice must state the following—\nthe proposed action;\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nthat a person given a show cause notice, or a copy of the notice, may make submissions about the show cause notice;\nhow the submission may be made;\nwhere the submission may be made or sent;\na day and time within which the submission must be made.\nThe day stated in the notice must be, or must end, at least 15 business days after the notice is given.\n(sec.463-ssec.1) A show cause notice must state the following— the proposed action; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; that a person given a show cause notice, or a copy of the notice, may make submissions about the show cause notice; how the submission may be made; where the submission may be made or sent; a day and time within which the submission must be made.\n(sec.463-ssec.2) The day stated in the notice must be, or must end, at least 15 business days after the notice is given.\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) that a person given a show cause notice, or a copy of the notice, may make submissions about the show cause notice;\n- (e) how the submission may be made;\n- (f) where the submission may be made or sent;\n- (g) a day and time within which the submission must be made.","sortOrder":544},{"sectionNumber":"sec.464","sectionType":"section","heading":"Show cause notice must be given","content":"### sec.464 Show cause notice must be given\n\nThe regulator must, before giving a service provider a compliance notice for a matter, give the service provider a show cause notice about the matter.\nSubsection (1) does not apply to a compliance notice given to a drinking water service provider or a recycled water provider in relation to a matter involving drinking water or recycled water.\n(sec.464-ssec.1) The regulator must, before giving a service provider a compliance notice for a matter, give the service provider a show cause notice about the matter.\n(sec.464-ssec.2) Subsection (1) does not apply to a compliance notice given to a drinking water service provider or a recycled water provider in relation to a matter involving drinking water or recycled water.","sortOrder":545},{"sectionNumber":"ch.5-pt.8-div.2","sectionType":"division","heading":"Compliance notices","content":"## Compliance notices","sortOrder":546},{"sectionNumber":"sec.465","sectionType":"section","heading":"Who may give compliance notice","content":"### sec.465 Who may give compliance notice\n\nThis section applies if the chief executive, regulator or an authorised officer reasonably believes—\na person—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act 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 chief executive, regulator or authorised officer may give the person a notice (a compliance notice ) requiring the person to remedy the contravention.\nSubsection (4) applies if the giving of the compliance notice is for a matter for which a show cause notice has been given by the regulator.\nThe compliance notice may be given only if, after considering any properly made submission by the service provider about the show cause notice, the regulator still believes it is appropriate to give the compliance notice.\n(sec.465-ssec.1) This section applies if the chief executive, regulator or an authorised officer reasonably believes— a person— is contravening a provision of this Act; or has contravened a provision of this Act 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.465-ssec.2) The chief executive, regulator or authorised officer may give the person a notice (a compliance notice ) requiring the person to remedy the contravention.\n(sec.465-ssec.3) Subsection (4) applies if the giving of the compliance notice is for a matter for which a show cause notice has been given by the regulator.\n(sec.465-ssec.4) The compliance notice may be given only if, after considering any properly made submission by the service provider about the show cause notice, the regulator still believes it is appropriate to give the compliance notice.\n- (a) a person— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act 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 this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and","sortOrder":547},{"sectionNumber":"sec.466","sectionType":"section","heading":"Compliance notice","content":"### sec.466 Compliance notice\n\nA compliance notice must state the following—\nthat the chief executive, regulator or authorised officer reasonably believes the person to whom the notice is to be given—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated;\nthe provision the chief executive, regulator or authorised 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 compliance notice unless the person 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.\nThe compliance notice may also state the reasonable steps that the chief executive, regulator or authorised officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision.\nIf a 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 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.\nA person to whom a compliance notice is given must comply with the compliance notice unless the person has a reasonable excuse.\nMaximum penalty—\nif the compliance notice relates to an offence—the number of penalty units that applies for the offence; or\notherwise—100 penalty units.\nIf it is an offence to contravene a provision and a compliance notice is given, the person can not be prosecuted for that offence unless the person contravenes subsection (4) in relation to the compliance notice.\ns 466 amd 2009 No. 24 s 969\n(sec.466-ssec.1) A compliance notice must state the following— that the chief executive, regulator or authorised officer reasonably believes the person to whom the notice is to be given— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; the provision the chief executive, regulator or authorised 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 compliance notice unless the person 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.466-ssec.2) The compliance notice may also state the reasonable steps that the chief executive, regulator or authorised officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision.\n(sec.466-ssec.3) If a 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.466-ssec.4) If a 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(sec.466-ssec.5) A person to whom a compliance notice is given must comply with the compliance notice unless the person has a reasonable excuse. Maximum penalty— if the compliance notice relates to an offence—the number of penalty units that applies for the offence; or otherwise—100 penalty units.\n(sec.466-ssec.6) If it is an offence to contravene a provision and a compliance notice is given, the person can not be prosecuted for that offence unless the person contravenes subsection (4) in relation to the compliance notice.\n- (a) that the chief executive, regulator or authorised officer reasonably believes the person to whom the notice is to be given— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated;\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated;\n- (b) the provision the chief executive, regulator or authorised 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 compliance notice unless the person 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 this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated;\n- (a) a period for which the requirement applies; or\n- (b) that the requirement applies until further notice.\n- (a) if the compliance notice relates to an offence—the number of penalty units that applies for the offence; or\n- (b) otherwise—100 penalty units.","sortOrder":548},{"sectionNumber":"sec.467","sectionType":"section","heading":"Chief executive or regulator may take action and recover costs","content":"### sec.467 Chief executive or regulator may take action and recover costs\n\nIf a person to whom a compliance notice is given contravenes the notice by not doing something, the chief executive or regulator may do the thing.\nSubsection (3) applies if—\nunder section 359 (2) , a notice is taken to be a compliance notice; and\nthe person to whom the notice is given has not complied with the notice by the day stated in the notice.\nThe chief executive may, instead of doing the thing under subsection (1) , take any action the chief executive reasonably believes is necessary to prevent or minimise the impact of the failure of the dam.\nIf the chief executive or regulator incurs expense in doing a thing under subsection (1) or (3) , the chief executive or regulator must give the person a notice stating the amount of the expense incurred.\nAny reasonable expenses incurred by the chief executive or regulator in doing anything under subsection (1) or (3) may be recovered by the chief executive or regulator as a debt.\nA debt under subsection (5) bears interest at the rate stated in a regulation.\n(sec.467-ssec.1) If a person to whom a compliance notice is given contravenes the notice by not doing something, the chief executive or regulator may do the thing.\n(sec.467-ssec.2) Subsection (3) applies if— under section 359 (2) , a notice is taken to be a compliance notice; and the person to whom the notice is given has not complied with the notice by the day stated in the notice.\n(sec.467-ssec.3) The chief executive may, instead of doing the thing under subsection (1) , take any action the chief executive reasonably believes is necessary to prevent or minimise the impact of the failure of the dam.\n(sec.467-ssec.4) If the chief executive or regulator incurs expense in doing a thing under subsection (1) or (3) , the chief executive or regulator must give the person a notice stating the amount of the expense incurred.\n(sec.467-ssec.5) Any reasonable expenses incurred by the chief executive or regulator in doing anything under subsection (1) or (3) may be recovered by the chief executive or regulator as a debt.\n(sec.467-ssec.6) A debt under subsection (5) bears interest at the rate stated in a regulation.\n- (a) under section 359 (2) , a notice is taken to be a compliance notice; and\n- (b) the person to whom the notice is given has not complied with the notice by the day stated in the notice.","sortOrder":549},{"sectionNumber":"ch.5-pt.8-div.3","sectionType":"division","heading":"Cost recovery","content":"## Cost recovery","sortOrder":550},{"sectionNumber":"sec.468","sectionType":"section","heading":"Regulator may engage expert and recover costs","content":"### sec.468 Regulator may engage expert and recover costs\n\nThis section applies if the regulator—\nreasonably believes a person is contravening, or has contravened, a provision of this Act; and\nreasonably considers the suspected contravention—\nhas had, may have had, or may have an adverse effect on public health; or\nis a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues.\nThe regulator may engage an expert with suitable qualifications, expertise or experience to investigate and give advice about matters relevant to the suspected contravention.\nIf, after receiving the expert’s advice, the regulator reasonably believes the person is contravening or has contravened a provision of this Act, the regulator may give the person a notice claiming a stated amount (the claimed amount ) for the reasonable expenses incurred by the regulator in engaging the expert.\nThe notice must—\nstate the claimed amount; and\ninclude a description of the reasonable expenses giving rise to the claimed amount; and\nstate that if the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable on the amount under subsection (6) , from the person as a debt; and\ninclude or be accompanied by an information notice for the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act.\nHowever, if the person has applied under section 512 for a review of the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act, the regulator can not recover the amount—\nuntil the internal review has been concluded; and\nunless the review decision confirms the regulator’s decision.\nIf the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the amount, and any interest payable on the amount under subsection (6) , may be recovered by the regulator as a debt.\nA claimed amount that is a debt under subsection (5) bears interest at the rate stated in a regulation.\ns 468 sub 2009 No. 46 s 145\namd 2014 No. 16 s 86\n(sec.468-ssec.1) This section applies if the regulator— reasonably believes a person is contravening, or has contravened, a provision of this Act; and reasonably considers the suspected contravention— has had, may have had, or may have an adverse effect on public health; or is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues.\n(sec.468-ssec.2) The regulator may engage an expert with suitable qualifications, expertise or experience to investigate and give advice about matters relevant to the suspected contravention.\n(sec.468-ssec.3) If, after receiving the expert’s advice, the regulator reasonably believes the person is contravening or has contravened a provision of this Act, the regulator may give the person a notice claiming a stated amount (the claimed amount ) for the reasonable expenses incurred by the regulator in engaging the expert.\n(sec.468-ssec.4) The notice must— state the claimed amount; and include a description of the reasonable expenses giving rise to the claimed amount; and state that if the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable on the amount under subsection (6) , from the person as a debt; and include or be accompanied by an information notice for the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act.\n(sec.468-ssec.4A) However, if the person has applied under section 512 for a review of the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act, the regulator can not recover the amount— until the internal review has been concluded; and unless the review decision confirms the regulator’s decision.\n(sec.468-ssec.5) If the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the amount, and any interest payable on the amount under subsection (6) , may be recovered by the regulator as a debt.\n(sec.468-ssec.6) A claimed amount that is a debt under subsection (5) bears interest at the rate stated in a regulation.\n- (a) reasonably believes a person is contravening, or has contravened, a provision of this Act; and\n- (b) reasonably considers the suspected contravention— (i) has had, may have had, or may have an adverse effect on public health; or (ii) is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues.\n- (i) has had, may have had, or may have an adverse effect on public health; or\n- (ii) is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues.\n- (i) has had, may have had, or may have an adverse effect on public health; or\n- (ii) is a matter about which the regulator requires expert advice including, for example, a matter involving complex operational or technical issues.\n- (a) state the claimed amount; and\n- (b) include a description of the reasonable expenses giving rise to the claimed amount; and\n- (c) state that if the person does not pay the claimed amount to the regulator within 30 days after the day the notice is given, the regulator may recover the amount, and any interest payable on the amount under subsection (6) , from the person as a debt; and\n- (d) include or be accompanied by an information notice for the regulator’s decision about whether the person is contravening, or has contravened, a provision of this Act.\n- (a) until the internal review has been concluded; and\n- (b) unless the review decision confirms the regulator’s decision.","sortOrder":551},{"sectionNumber":"sec.469","sectionType":"section","heading":"Sections 469 –474 not used","content":"### sec.469 Sections 469 –474 not used\n\nSee editor’s note for section 1 .\ns 469 ins 2009 No. 46 s 145","sortOrder":552},{"sectionNumber":"ch.5-pt.9","sectionType":"part","heading":"Enforcement proceedings","content":"# Enforcement proceedings","sortOrder":553},{"sectionNumber":"sec.475","sectionType":"section","heading":"Starting proceeding for enforcement order","content":"### sec.475 Starting proceeding for enforcement order\n\nSubject to subsection (2) , a person may start a proceeding in a District Court—\nfor an enforcement order to remedy or restrain the commission of an offence against this Act; or\nif the person has started a proceeding under paragraph (a) for an enforcement order and the court has not decided the proceeding—for an order under section 478 ; or\nfor an order that a person who has committed an offence against this Act 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 proceeding for an enforcement order in relation to an offence against a following provision of this Act may be started only by the person stated for the provision—\na provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the regulator;\nsection 43 , 47 , 144 , 145 , 193 , 194 or 195 —the service provider;\nsection 168 , 191 or 192 —the regulator or the service provider.\nSubsection (2) (a) applies for an offence against section 531 only if the appointment of the administrator was made for section 530 (1) (a) .\nA proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence.\nIf a person other than the chief executive starts a proceeding under this section, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding.\ns 475 amd 2014 No. 16 s 101 sch 1\n(sec.475-ssec.1) Subject to subsection (2) , a person may start a proceeding in a District Court— for an enforcement order to remedy or restrain the commission of an offence against this Act; or if the person has started a proceeding under paragraph (a) for an enforcement order and the court has not decided the proceeding—for an order under section 478 ; or for an order that a person who has committed an offence against this Act 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.475-ssec.2) A proceeding for an enforcement order in relation to an offence against a following provision of this Act may be started only by the person stated for the provision— a provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the regulator; section 43 , 47 , 144 , 145 , 193 , 194 or 195 —the service provider; section 168 , 191 or 192 —the regulator or the service provider.\n(sec.475-ssec.3) Subsection (2) (a) applies for an offence against section 531 only if the appointment of the administrator was made for section 530 (1) (a) .\n(sec.475-ssec.4) A proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence.\n(sec.475-ssec.5) If a person other than the chief executive starts a proceeding under this section, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding.\n- (a) for an enforcement order to remedy or restrain the commission of an offence against this Act; or\n- (b) if the person has started a proceeding under paragraph (a) for an enforcement order and the court has not decided the proceeding—for an order under section 478 ; or\n- (c) for an order that a person who has committed an offence against this Act 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) a provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the regulator;\n- (b) section 43 , 47 , 144 , 145 , 193 , 194 or 195 —the service provider;\n- (c) section 168 , 191 or 192 —the regulator or the service provider.","sortOrder":554},{"sectionNumber":"sec.476","sectionType":"section","heading":"Proceeding started in a representative capacity","content":"### sec.476 Proceeding started in a representative capacity\n\nA proceeding for an enforcement order may be started by a person on behalf of an entity with the entity’s consent.\nIf the entity on whose behalf the proceeding is started is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.\nThe entity on whose behalf the proceeding is started may contribute to, or pay, the legal costs incurred by the person starting the proceeding.\n(sec.476-ssec.1) A proceeding for an enforcement order may be started by a person on behalf of an entity with the entity’s consent.\n(sec.476-ssec.2) If the entity on whose behalf the proceeding is started is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.\n(sec.476-ssec.3) The entity on whose behalf the proceeding is started may contribute to, or pay, the legal costs incurred by the person starting the proceeding.","sortOrder":555},{"sectionNumber":"sec.477","sectionType":"section","heading":"Starting proceeding for enforcement order without notice","content":"### sec.477 Starting proceeding for enforcement order without notice\n\nA person may start a proceeding for an enforcement order without notice to the other party.\nWithout limiting the discretion of a District Court in the exercise of its equitable jurisdiction, it may, with or without conditions—\ngrant the order for a limited period stated in the order; or\ngrant the order until the trial of the proceeding; or\ngrant an order for a limited period prohibiting a person from leaving Australia; or\nmake another order.\nThis order may be used if the departure of the person would render a proceeding useless, including, for example, because the person’s departure would make it impossible to have an enforcement hearing in relation to a judgment against the person and so ascertain the location of the person’s assets. Conditions imposed may, for example, relate to payment of an amount, or surrendering a passport, to the court.\n(sec.477-ssec.1) A person may start a proceeding for an enforcement order without notice to the other party.\n(sec.477-ssec.2) Without limiting the discretion of a District Court in the exercise of its equitable jurisdiction, it may, with or without conditions— grant the order for a limited period stated in the order; or grant the order until the trial of the proceeding; or grant an order for a limited period prohibiting a person from leaving Australia; or make another order. This order may be used if the departure of the person would render a proceeding useless, including, for example, because the person’s departure would make it impossible to have an enforcement hearing in relation to a judgment against the person and so ascertain the location of the person’s assets. Conditions imposed may, for example, relate to payment of an amount, or surrendering a passport, to the court.\n- (a) grant the order for a limited period stated in the order; or\n- (b) grant the order until the trial of the proceeding; or\n- (c) grant an order for a limited period prohibiting a person from leaving Australia; or\n- (d) make another order.","sortOrder":556},{"sectionNumber":"sec.478","sectionType":"section","heading":"Making interim enforcement order","content":"### sec.478 Making interim enforcement order\n\nA District Court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.\nThe court may make the order subject to conditions, including a condition requiring the applicant for the order to give an undertaking to pay damages.\n(sec.478-ssec.1) A District Court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.\n(sec.478-ssec.2) The court may make the order subject to conditions, including a condition requiring the applicant for the order to give an undertaking to pay damages.","sortOrder":557},{"sectionNumber":"sec.479","sectionType":"section","heading":"Making enforcement order","content":"### sec.479 Making enforcement order\n\nA District Court may make an enforcement order if the court is satisfied the offence—\nis being, or has been, committed; or\nwill be committed unless the enforcement order is made.\nIf the court is satisfied the offence is being or has been committed, it may make either or both of the following orders—\nan enforcement order whether or not there has been a prosecution for the offence;\nan order for exemplary damages.\nIn considering whether to make an order for exemplary damages, the court may consider—\nany adverse impact on public health resulting, or likely to result, because of the commission of the offence; and\nany financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence.\nIf an order is made for exemplary damages, the amount of the damages must be paid to the consolidated fund.\n(sec.479-ssec.1) A District Court may make an enforcement order if the court is satisfied the offence— is being, or has been, committed; or will be committed unless the enforcement order is made.\n(sec.479-ssec.2) If the court is satisfied the offence is being or has been committed, it may make either or both of the following orders— an enforcement order whether or not there has been a prosecution for the offence; an order for exemplary damages.\n(sec.479-ssec.3) In considering whether to make an order for exemplary damages, the court may consider— any adverse impact on public health resulting, or likely to result, because of the commission of the offence; and any financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence.\n(sec.479-ssec.4) If an order is made for exemplary damages, the amount of the damages must be paid to the consolidated fund.\n- (a) is being, or has been, committed; or\n- (b) will be committed unless the enforcement order is made.\n- (a) an enforcement order whether or not there has been a prosecution for the offence;\n- (b) an order for exemplary damages.\n- (a) any adverse impact on public health resulting, or likely to result, because of the commission of the offence; and\n- (b) any financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence.","sortOrder":558},{"sectionNumber":"sec.480","sectionType":"section","heading":"Effect of enforcement order","content":"### sec.480 Effect of enforcement order\n\nAn enforcement order may direct the respondent—\nto stop an activity that constitutes, or will constitute, an offence against this Act; or\nnot to start an activity that will constitute an offence against this Act; or\nto do anything required to stop committing an offence against this Act; or\nto return anything to a condition as close as practicable to the condition it was in immediately before an offence against this Act was committed; or\nto do anything to comply with this Act.\nWithout limiting the District Court’s powers, it may make an enforcement order requiring the repairing, demolition or removal or modification of a referable dam.\nAn enforcement order must state the time by which it must be complied with.\nAn enforcement order—\nmay be in terms the court considers appropriate to secure compliance with this Act; and\nmust state the day by which the order must be complied with.\n(sec.480-ssec.1) An enforcement order may direct the respondent— to stop an activity that constitutes, or will constitute, an offence against this Act; or not to start an activity that will constitute an offence against this Act; or to do anything required to stop committing an offence against this Act; or to return anything to a condition as close as practicable to the condition it was in immediately before an offence against this Act was committed; or to do anything to comply with this Act.\n(sec.480-ssec.2) Without limiting the District Court’s powers, it may make an enforcement order requiring the repairing, demolition or removal or modification of a referable dam.\n(sec.480-ssec.3) An enforcement order must state the time by which it must be complied with.\n(sec.480-ssec.4) An enforcement order— may be in terms the court considers appropriate to secure compliance with this Act; and must state the day by which the order must be complied with.\n- (a) to stop an activity that constitutes, or will constitute, an offence against this Act; or\n- (b) not to start an activity that will constitute an offence against this Act; or\n- (c) to do anything required to stop committing an offence against this Act; or\n- (d) to return anything to a condition as close as practicable to the condition it was in immediately before an offence against this Act was committed; or\n- (e) to do anything to comply with this Act.\n- (a) may be in terms the court considers appropriate to secure compliance with this Act; and\n- (b) must state the day by which the order must be complied with.","sortOrder":559},{"sectionNumber":"sec.481","sectionType":"section","heading":"Powers about enforcement orders","content":"### sec.481 Powers about enforcement orders\n\nA District Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised—\nwhether or not it appears to the court the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; or\nwhether or not the relevant person has previously engaged in an activity of the kind; or\nwhether or not there is danger of substantial damage to property or injury to another person if the relevant person engages, or continues to engage, in the activity; or\nwhether or not there is risk of failure of a referable dam.\nThe court’s power to make an enforcement order to do anything may be exercised—\nwhether or not it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or\nwhether or not the person has previously failed to do a thing of the kind; or\nwhether or not there is danger of substantial damage to property or injury to another person if the relevant person fails, or continues to fail, to do the thing; or\nwhether or not there is risk of failure of a referable dam.\nThe court may cancel or change an enforcement order on the application of the person who started the proceeding or the person against whom the order is made.\nThe court’s powers under this section are in addition to, and do not limit, its other powers.\n(sec.481-ssec.1) A District Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised— whether or not it appears to the court the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; or whether or not the relevant person has previously engaged in an activity of the kind; or whether or not there is danger of substantial damage to property or injury to another person if the relevant person engages, or continues to engage, in the activity; or whether or not there is risk of failure of a referable dam.\n(sec.481-ssec.2) The court’s power to make an enforcement order to do anything may be exercised— whether or not it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or whether or not the person has previously failed to do a thing of the kind; or whether or not there is danger of substantial damage to property or injury to another person if the relevant person fails, or continues to fail, to do the thing; or whether or not there is risk of failure of a referable dam.\n(sec.481-ssec.3) The court may cancel or change an enforcement order on the application of the person who started the proceeding or the person against whom the order is made.\n(sec.481-ssec.4) The court’s powers under this section are in addition to, and do not limit, its other powers.\n- (a) whether or not it appears to the court the person against whom the order is made (the relevant person ) intends to engage, or to continue to engage, in the activity; or\n- (b) whether or not the relevant person has previously engaged in an activity of the kind; or\n- (c) whether or not there is danger of substantial damage to property or injury to another person if the relevant person engages, or continues to engage, in the activity; or\n- (d) whether or not there is risk of failure of a referable dam.\n- (a) whether or not it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or\n- (b) whether or not the person has previously failed to do a thing of the kind; or\n- (c) whether or not there is danger of substantial damage to property or injury to another person if the relevant person fails, or continues to fail, to do the thing; or\n- (d) whether or not there is risk of failure of a referable dam.","sortOrder":560},{"sectionNumber":"sec.482","sectionType":"section","heading":"Parties to pay own costs for proceedings","content":"### sec.482 Parties to pay own costs for proceedings\n\nEach party to a proceeding for an enforcement order must bear the party’s own costs for the proceeding.\nHowever, the court may order a party to a proceeding to pay costs to another party if the court considers—\nthe proceeding was frivolous or vexatious; or\nthe party has incurred costs because the other party defaulted in the procedural requirements.\n(sec.482-ssec.1) Each party to a proceeding for an enforcement order must bear the party’s own costs for the proceeding.\n(sec.482-ssec.2) However, the court may order a party to a proceeding to pay costs to another party if the court considers— the proceeding was frivolous or vexatious; or the party has incurred costs because the other party defaulted in the procedural requirements.\n- (a) the proceeding was frivolous or vexatious; or\n- (b) the party has incurred costs because the other party defaulted in the procedural requirements.","sortOrder":561},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"General offences","content":"# General offences","sortOrder":562},{"sectionNumber":"sec.483","sectionType":"section","heading":"False or misleading statements","content":"### sec.483 False or misleading statements\n\nA person must not state anything to the chief executive, regulator or an authorised officer that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nA complaint against a person for an offence against subsection (1) is sufficient if it states that the document was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.\n(sec.483-ssec.1) A person must not state anything to the chief executive, regulator or an authorised officer that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.483-ssec.2) A complaint against a person for an offence against subsection (1) is sufficient if it states that the document was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.","sortOrder":563},{"sectionNumber":"sec.484","sectionType":"section","heading":"False or misleading documents","content":"### sec.484 False or misleading documents\n\nA person must not give the chief executive, regulator or an authorised officer a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—500 penalty units.\nA complaint against a person for an offence against subsection (1) is sufficient if it states that the document was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.\n(sec.484-ssec.1) A person must not give the chief executive, regulator or an authorised officer a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—500 penalty units.\n(sec.484-ssec.2) A complaint against a person for an offence against subsection (1) is sufficient if it states that the document was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.","sortOrder":564},{"sectionNumber":"sec.485","sectionType":"section","heading":"Obstructing an authorised officer","content":"### sec.485 Obstructing an authorised officer\n\nA person must not obstruct an authorised officer in the exercise of a power unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIf a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—\nit is an offence to obstruct the authorised officer unless the person has a reasonable excuse; and\nthe authorised officer considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder and threaten, and attempt to obstruct.\n(sec.485-ssec.1) A person must not obstruct an authorised officer in the exercise of a power unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.485-ssec.2) If a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that— it is an offence to obstruct the authorised officer unless the person has a reasonable excuse; and the authorised officer considers the person’s conduct an obstruction.\n(sec.485-ssec.3) In this section— obstruct includes assault, hinder and threaten, and attempt to obstruct.\n- (a) it is an offence to obstruct the authorised officer unless the person has a reasonable excuse; and\n- (b) the authorised officer considers the person’s conduct an obstruction.","sortOrder":565},{"sectionNumber":"sec.486","sectionType":"section","heading":"Impersonation of an authorised officer","content":"### sec.486 Impersonation of an authorised officer\n\nA person must not pretend to be an authorised officer.\nMaximum penalty—200 penalty units.","sortOrder":566},{"sectionNumber":"sec.487","sectionType":"section","heading":"Liability of executive officer—particular offences committed by corporation","content":"### sec.487 Liability of executive officer—particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\nIn this section—\nexecutive liability provision means any of the following provisions—\nsection 92\nsection 190\nsection 196 (2)\nsection 196 (3)\nsection 343 (1)\nsection 343 (2)\nsection 343 (3)\nsection 343 (4)\nsection 344 (1)\nsection 344 (2)\nsection 345 (2)\nsection 351 (4)\nsection 352 (4) .\ns 487 sub 2013 No. 51 s 226\namd 2014 No. 16 s 101 sch 1\n(sec.487-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.487-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.487-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.487-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n(sec.487-ssec.5) In this section— executive liability provision means any of the following provisions— section 92 section 190 section 196 (2) section 196 (3) section 343 (1) section 343 (2) section 343 (3) section 343 (4) section 344 (1) section 344 (2) section 345 (2) section 351 (4) section 352 (4) .\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n- • section 92\n- • section 190\n- • section 196 (2)\n- • section 196 (3)\n- • section 343 (1)\n- • section 343 (2)\n- • section 343 (3)\n- • section 343 (4)\n- • section 344 (1)\n- • section 344 (2)\n- • section 345 (2)\n- • section 351 (4)\n- • section 352 (4) .","sortOrder":567},{"sectionNumber":"sec.487A","sectionType":"section","heading":"Executive officer may be taken to have committed offence","content":"### sec.487A Executive officer may be taken to have committed offence\n\nIf a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect either of the following—\nthe liability of the corporation for the offence against the deemed executive liability provision;\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means any of the following provisions—\nsection 93\nsection 102 (2)\nsection 102 (3)\nsection 197 (2)\nsection 197 (3)\nsection 270 (2)\nsection 270 (4)\nsection 271 (2)\nsection 271 (4) .\ns 487A ins 2013 No. 51 s 226\namd 2014 No. 16 s 101 sch 1 ; 2014 No. 31 s 39\n(sec.487A-ssec.1) If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n(sec.487A-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.487A-ssec.3) This section does not affect either of the following— the liability of the corporation for the offence against the deemed executive liability provision; the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.487A-ssec.4) In this section— deemed executive liability provision means any of the following provisions— section 93 section 102 (2) section 102 (3) section 197 (2) section 197 (3) section 270 (2) section 270 (4) section 271 (2) section 271 (4) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision;\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- • section 93\n- • section 102 (2)\n- • section 102 (3)\n- • section 197 (2)\n- • section 197 (3)\n- • section 270 (2)\n- • section 270 (4)\n- • section 271 (2)\n- • section 271 (4) .","sortOrder":568},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Evidentiary matters","content":"# Evidentiary matters","sortOrder":569},{"sectionNumber":"sec.488","sectionType":"section","heading":"Application of pt 2","content":"### sec.488 Application of pt 2\n\nThis part applies to a proceeding under this Act.","sortOrder":570},{"sectionNumber":"sec.489","sectionType":"section","heading":"Appearance","content":"### sec.489 Appearance\n\nA party to a proceeding may appear personally or by lawyer or agent.","sortOrder":571},{"sectionNumber":"sec.490","sectionType":"section","heading":"Appointments and authority","content":"### sec.490 Appointments and authority\n\nIt is not necessary to prove—\nthe chief executive’s appointment; or\nthe regulator’s appointment; or\nan authorised officer’s appointment; or\nthe authority of the chief executive, regulator or an authorised officer to do anything under this Act.\n- (a) the chief executive’s appointment; or\n- (b) the regulator’s appointment; or\n- (c) an authorised officer’s appointment; or\n- (d) the authority of the chief executive, regulator or an authorised officer to do anything under this Act.","sortOrder":572},{"sectionNumber":"sec.491","sectionType":"section","heading":"Evidentiary aids","content":"### sec.491 Evidentiary aids\n\nA certificate purporting to be signed by or for the chief executive or regulator stating any of the following matters is evidence of the matter—\na stated decision, direction, notice or requirement is a decision, direction, notice or requirement under this Act;\na stated thing is a thing that must or may be included in a register;\nthat a stated document is a document kept under this Act;\nthat a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\nthat on a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated direction or requirement under this Act was given to or made of a stated person;\nthat on a stated day, or during a stated period, a person’s appointment as an authorised officer was, or was not, in force.\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the day it came to the complainant’s knowledge.\n(sec.491-ssec.1) A certificate purporting to be signed by or for the chief executive or regulator stating any of the following matters is evidence of the matter— a stated decision, direction, notice or requirement is a decision, direction, notice or requirement under this Act; a stated thing is a thing that must or may be included in a register; that a stated document is a document kept under this Act; that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ; that on a stated day— a stated person was given a stated decision, direction or notice under this Act; or a stated direction or requirement under this Act was given to or made of a stated person; that on a stated day, or during a stated period, a person’s appointment as an authorised officer was, or was not, in force.\n(sec.491-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the day it came to the complainant’s knowledge.\n- (a) a stated decision, direction, notice or requirement is a decision, direction, notice or requirement under this Act;\n- (b) a stated thing is a thing that must or may be included in a register;\n- (c) that a stated document is a document kept under this Act;\n- (d) that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (e) that on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated direction or requirement under this Act was given to or made of a stated person;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated direction or requirement under this Act was given to or made of a stated person;\n- (f) that on a stated day, or during a stated period, a person’s appointment as an authorised officer was, or was not, in force.\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated direction or requirement under this Act was given to or made of a stated person;","sortOrder":573},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Proceedings for offences","content":"# Proceedings for offences","sortOrder":574},{"sectionNumber":"sec.492","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.492 Indictable and summary offences\n\nAn offence against this Act for which the maximum penalty of imprisonment is 2 or more years is an indictable offence.\nAn indictable offence against this Act is—\nfor an offence for which the maximum penalty of imprisonment is 5 or more years—a crime; or\notherwise—a misdemeanour.\nAny other offence against this Act is a summary offence.\n(sec.492-ssec.1) An offence against this Act for which the maximum penalty of imprisonment is 2 or more years is an indictable offence.\n(sec.492-ssec.2) An indictable offence against this Act is— for an offence for which the maximum penalty of imprisonment is 5 or more years—a crime; or otherwise—a misdemeanour.\n(sec.492-ssec.3) Any other offence against this Act is a summary offence.\n- (a) for an offence for which the maximum penalty of imprisonment is 5 or more years—a crime; or\n- (b) otherwise—a misdemeanour.","sortOrder":575},{"sectionNumber":"sec.493","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.493 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nSubsection (3) applies if—\na person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or\nthe magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment.\nThe magistrate—\nmust not decide the charge as a summary offence; and\nmust proceed by way of an examination of witnesses in relation to an indictable offence.\nIf a magistrate acts under subsection (3) —\nany plea of the person charged, made at the start of the proceeding, must be disregarded; and\nany evidence brought in the proceeding before the magistrate decided to act under subsection (3) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.493-ssec.1) A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.493-ssec.2) Subsection (3) applies if— a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment.\n(sec.493-ssec.3) The magistrate— must not decide the charge as a summary offence; and must proceed by way of an examination of witnesses in relation to an indictable offence.\n(sec.493-ssec.4) If a magistrate acts under subsection (3) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (3) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or\n- (b) the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment.\n- (a) must not decide the charge as a summary offence; and\n- (b) must proceed by way of an examination of witnesses in relation to an indictable offence.\n- (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and\n- (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (3) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (c) before committing the person for trial or sentence the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .","sortOrder":576},{"sectionNumber":"sec.494","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.494 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person; or\nfor an examination of witnesses in relation to the charge.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\nThe maximum penalty that may be imposed on a summary conviction of an indictable offence is as follows—\nto the extent the penalty imposed is a number of penalty units—500 penalty units;\nto the extent the penalty imposed is imprisonment—1 year’s imprisonment.\n(sec.494-ssec.1) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of a person; or for an examination of witnesses in relation to the charge.\n(sec.494-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.494-ssec.3) The maximum penalty that may be imposed on a summary conviction of an indictable offence is as follows— to the extent the penalty imposed is a number of penalty units—500 penalty units; to the extent the penalty imposed is imprisonment—1 year’s imprisonment.\n- (a) for the summary conviction of a person; or\n- (b) for an examination of witnesses in relation to the charge.\n- (a) to the extent the penalty imposed is a number of penalty units—500 penalty units;\n- (b) to the extent the penalty imposed is imprisonment—1 year’s imprisonment.","sortOrder":577},{"sectionNumber":"sec.495","sectionType":"section","heading":"Limitation on time for starting proceeding for summary offence","content":"### sec.495 Limitation on time for starting proceeding for summary offence\n\nA proceeding for a summary offence against this Act must start—\nwithin 1 year after the offence is committed; or\nwithin 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the offence is committed; or\n- (b) within 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":578},{"sectionNumber":"sec.496","sectionType":"section","heading":"Notice of proceedings for offences","content":"### sec.496 Notice of proceedings for offences\n\nIf a person other than the chief executive or the regulator brings a proceeding under this part, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding.","sortOrder":579},{"sectionNumber":"sec.497","sectionType":"section","heading":"Limitation on who may bring particular proceedings","content":"### sec.497 Limitation on who may bring particular proceedings\n\nA proceeding for an offence against this Act may be started only by—\nfor an offence against a provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the Attorney-General or regulator; or\nfor an offence against section 43 , 47 , 144 , 145 , 193 , 194 or 195 —the Attorney-General or service provider; or\nfor an offence against section 168 , 191 or 192 —the Attorney-General, regulator or service provider; or\nfor an offence against a provision of chapter 4 —the Attorney-General or chief executive.\nSubsection (1) applies for an offence against section 531 only if the appointment of the administrator was made for section 530 (1) (a) .\ns 497 amd 2012 No. 39 s 99 ; 2014 No. 16 s 101 sch 1\n(sec.497-ssec.1) A proceeding for an offence against this Act may be started only by— for an offence against a provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the Attorney-General or regulator; or for an offence against section 43 , 47 , 144 , 145 , 193 , 194 or 195 —the Attorney-General or service provider; or for an offence against section 168 , 191 or 192 —the Attorney-General, regulator or service provider; or for an offence against a provision of chapter 4 —the Attorney-General or chief executive.\n(sec.497-ssec.2) Subsection (1) applies for an offence against section 531 only if the appointment of the administrator was made for section 530 (1) (a) .\n- (a) for an offence against a provision of chapter 2 , part 4 , division 1 or chapter 3 or section 26 , 106 to 108A , 110 , 112 , 142 to 142B , 190 , 447 , 449 , 531 , 575A , 576A or 630 —the Attorney-General or regulator; or\n- (b) for an offence against section 43 , 47 , 144 , 145 , 193 , 194 or 195 —the Attorney-General or service provider; or\n- (c) for an offence against section 168 , 191 or 192 —the Attorney-General, regulator or service provider; or\n- (d) for an offence against a provision of chapter 4 —the Attorney-General or chief executive.","sortOrder":580},{"sectionNumber":"sec.498","sectionType":"section","heading":"Proceeding brought in a representative capacity","content":"### sec.498 Proceeding brought in a representative capacity\n\nA proceeding mentioned in section 497 (1) may be started by a person on behalf of an entity with the entity’s consent.\nIf the entity on whose behalf the proceeding is started is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.\nThe entity on whose behalf the proceeding is started may contribute to, or pay, the legal costs incurred by the person starting the proceeding.\n(sec.498-ssec.1) A proceeding mentioned in section 497 (1) may be started by a person on behalf of an entity with the entity’s consent.\n(sec.498-ssec.2) If the entity on whose behalf the proceeding is started is an unincorporated body, the body’s committee or other controlling or governing body must give the consent.\n(sec.498-ssec.3) The entity on whose behalf the proceeding is started may contribute to, or pay, the legal costs incurred by the person starting the proceeding.","sortOrder":581},{"sectionNumber":"sec.499","sectionType":"section","heading":"Orders Magistrates Court may make in offence proceeding","content":"### sec.499 Orders Magistrates Court may make in offence proceeding\n\nAfter hearing a complaint for an offence against this Act, the Magistrates Court may make an order against the defendant the court considers appropriate.\nThe order may be made in addition to, or in substitution for, any penalty the court may otherwise impose.\nThe order may require the defendant—\nto do or not to do another act in relation to failure impact assessment; or\nto pay an amount by way of damages to the complainant for injuries suffered by the complainant as the result of the defendant committing an offence against this Act.\nThe order must state the time by which, or period within which, the order must be complied with.\nThe order may state that contravention of the order is a public nuisance.\n(sec.499-ssec.1) After hearing a complaint for an offence against this Act, the Magistrates Court may make an order against the defendant the court considers appropriate.\n(sec.499-ssec.2) The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose.\n(sec.499-ssec.3) The order may require the defendant— to do or not to do another act in relation to failure impact assessment; or to pay an amount by way of damages to the complainant for injuries suffered by the complainant as the result of the defendant committing an offence against this Act.\n(sec.499-ssec.4) The order must state the time by which, or period within which, the order must be complied with.\n(sec.499-ssec.5) The order may state that contravention of the order is a public nuisance.\n- (a) to do or not to do another act in relation to failure impact assessment; or\n- (b) to pay an amount by way of damages to the complainant for injuries suffered by the complainant as the result of the defendant committing an offence against this Act.","sortOrder":582},{"sectionNumber":"sec.500","sectionType":"section","heading":"Offence to contravene Magistrates Court order","content":"### sec.500 Offence to contravene Magistrates Court order\n\nA person against whom an order under section 499 has been made must comply with the order.\nMaximum penalty—1,000 penalty units.","sortOrder":583},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":584},{"sectionNumber":"sec.501","sectionType":"section","heading":"Chief executive’s and regulator’s power to remedy stated public nuisance","content":"### sec.501 Chief executive’s and regulator’s power to remedy stated public nuisance\n\nThis section applies if an order under section 499 states that contravention of the order is a public nuisance.\nIf the order is not complied with, the chief executive or the regulator may undertake any work necessary to remove the nuisance.\nIf the chief executive or the regulator carries out works under subsection (2) , the chief executive or the regulator may recover as a debt from the person against whom the order was made the reasonable cost of the works.\n(sec.501-ssec.1) This section applies if an order under section 499 states that contravention of the order is a public nuisance.\n(sec.501-ssec.2) If the order is not complied with, the chief executive or the regulator may undertake any work necessary to remove the nuisance.\n(sec.501-ssec.3) If the chief executive or the regulator carries out works under subsection (2) , the chief executive or the regulator may recover as a debt from the person against whom the order was made the reasonable cost of the works.","sortOrder":585},{"sectionNumber":"sec.502","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.502 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.502-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.502-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.502-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.502-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":586},{"sectionNumber":"sec.503","sectionType":"section","heading":"Sections 503 – 509 not used","content":"### sec.503 Sections 503 – 509 not used\n\nSee editor’s note for section 1 .","sortOrder":587},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":588},{"sectionNumber":"sec.510","sectionType":"section","heading":"Who is an interested person","content":"### sec.510 Who is an interested person\n\nAn interested person for this chapter is—\na person who has been given an information notice or a compliance notice by the chief executive, or an authorised officer appointed by the chief executive; or\na person who has been given an information notice or a compliance notice by the regulator, or an authorised officer appointed by the regulator; or\na person who has been given an information notice by a service provider.\nThe decision or action for which a notice was given under subsection (1) is an original decision .\ns 510 amd 2010 No. 20 s 167\n(sec.510-ssec.1) An interested person for this chapter is— a person who has been given an information notice or a compliance notice by the chief executive, or an authorised officer appointed by the chief executive; or a person who has been given an information notice or a compliance notice by the regulator, or an authorised officer appointed by the regulator; or a person who has been given an information notice by a service provider.\n(sec.510-ssec.2) The decision or action for which a notice was given under subsection (1) is an original decision .\n- (a) a person who has been given an information notice or a compliance notice by the chief executive, or an authorised officer appointed by the chief executive; or\n- (b) a person who has been given an information notice or a compliance notice by the regulator, or an authorised officer appointed by the regulator; or\n- (c) a person who has been given an information notice by a service provider.","sortOrder":589},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Review of decisions","content":"# Review of decisions","sortOrder":590},{"sectionNumber":"sec.511","sectionType":"section","heading":"Appeal, arbitration or external review process starts with internal review","content":"### sec.511 Appeal, arbitration or external review process starts with internal review\n\nEvery appeal, application for external review of an original decision, or application for arbitration on a review decision, must be, in the first instance, by way of an application for internal review.\ns 511 sub 2009 No. 24 s 970\namd 2014 No. 16 s 87","sortOrder":591},{"sectionNumber":"sec.512","sectionType":"section","heading":"Who may apply for review","content":"### sec.512 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 following person (the reviewer )—\nfor a decision mentioned in section 510 (1) (a) —the chief executive;\nfor a decision mentioned in section 510 (1) (b) —the regulator;\nfor a decision mentioned in section 510 (1) (c) —the chief executive officer of the service provider.\ns 512 amd 2009 No. 24 s 971 ; 2010 No. 20 s 168\n(sec.512-ssec.1) An interested person for an original decision may apply for an internal review of the decision (an internal review application ).\n(sec.512-ssec.2) An internal review application may be made only to the following person (the reviewer )— for a decision mentioned in section 510 (1) (a) —the chief executive; for a decision mentioned in section 510 (1) (b) —the regulator; for a decision mentioned in section 510 (1) (c) —the chief executive officer of the service provider.\n- (a) for a decision mentioned in section 510 (1) (a) —the chief executive;\n- (b) for a decision mentioned in section 510 (1) (b) —the regulator;\n- (c) for a decision mentioned in section 510 (1) (c) —the chief executive officer of the service provider.","sortOrder":592},{"sectionNumber":"sec.513","sectionType":"section","heading":"Requirements for making internal review application","content":"### sec.513 Requirements for making internal review application\n\nAn internal review application must be—\nin the approved form; and\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 the applicant is given an information notice about the decision to which the application relates or a compliance notice.\nHowever, the reviewer may, at any time, extend the time for making an internal review application.\nOn or before making the internal review application, the applicant must send the following documents to any other person who was given an information notice about the original decision—\nnotice of the application (the submitter notice );\na copy of the application and supporting documents.\nThe submitter notice must inform the recipient of the notice that written submissions on the internal review application may be made to the reviewer within 5 business days after the application is made to the reviewer.\ns 513 amd 2009 No. 24 s 972\n(sec.513-ssec.1) An internal review application must be— in the approved form; and accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and supported by enough information to enable the reviewer to decide the application; and made within 30 business days after the day the applicant is given an information notice about the decision to which the application relates or a compliance notice.\n(sec.513-ssec.2) However, the reviewer may, at any time, extend the time for making an internal review application.\n(sec.513-ssec.3) On or before making the internal review application, the applicant must send the following documents to any other person who was given an information notice about the original decision— notice of the application (the submitter notice ); a copy of the application and supporting documents.\n(sec.513-ssec.4) The submitter notice must inform the recipient of the notice that written submissions on the internal review application may be made to the reviewer within 5 business days after the application is made to the reviewer.\n- (a) in the approved form; and\n- (b) accompanied by a statement of the grounds on which the applicant seeks the review of the decision; and\n- (c) supported by enough information to enable the reviewer to decide the application; and\n- (d) made within 30 business days after the day the applicant is given an information notice about the decision to which the application relates or a compliance notice.\n- (a) notice of the application (the submitter notice );\n- (b) a copy of the application and supporting documents.","sortOrder":593},{"sectionNumber":"sec.514","sectionType":"section","heading":"Review decision","content":"### sec.514 Review decision\n\nThe reviewer must, within 20 business days after receiving an internal review application—\nreview the original decision the subject of the application; and\nconsider any properly made submissions by a recipient of the submitter notice; 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 reviewer may, by notice to the applicant and before the period mentioned in subsection (1) has expired, extend the period by not more than 30 business days.\nOnly 1 notice may be given under subsection (2) for each internal review.\nFor an application about a safety condition or a development condition applying to a referable dam and for which a notice has been given under subsection (2) , the reviewer may, before the extended period under that subsection expires and with the agreement of the applicant, further extend the period for deciding the application.\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 (4) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to an original decision made by the chief executive.\nIf the review decision confirms the original decision, for the purpose of arbitration, external review or an appeal, the original decision is taken to be the review decision.\nIf the review decision amends the original decision, for the purpose of arbitration, external review or an appeal, the original decision as amended is taken to be the review decision.\ns 514 amd 2009 No. 24 s 973 ; 2010 No. 20 s 169\n(sec.514-ssec.1) The reviewer must, within 20 business days after receiving an internal review application— review the original decision the subject of the application; and consider any properly made submissions by a recipient of the submitter notice; 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.514-ssec.2) The reviewer may, by notice to the applicant and before the period mentioned in subsection (1) has expired, extend the period by not more than 30 business days.\n(sec.514-ssec.3) Only 1 notice may be given under subsection (2) for each internal review.\n(sec.514-ssec.3A) For an application about a safety condition or a development condition applying to a referable dam and for which a notice has been given under subsection (2) , the reviewer may, before the extended period under that subsection expires and with the agreement of the applicant, further extend the period for deciding the application.\n(sec.514-ssec.4) 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.514-ssec.5) Subsection (4) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive.\n(sec.514-ssec.6) If the review decision confirms the original decision, for the purpose of arbitration, external review or an appeal, the original decision is taken to be the review decision.\n(sec.514-ssec.7) If the review decision amends the original decision, for the purpose of arbitration, external review or an appeal, the original decision as amended is taken to be the review decision.\n- (a) review the original decision the subject of the application; and\n- (b) consider any properly made submissions by a recipient of the submitter notice; and\n- (c) 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.","sortOrder":594},{"sectionNumber":"sec.515","sectionType":"section","heading":"Notice of review decision","content":"### sec.515 Notice of review decision\n\nThe reviewer must, within 10 business days after making a review decision, give each of the following notice of the review decision (a review notice )—\nthe applicant;\nany person who was given notice of the original decision.\nThe review notice must state—\nthe reasons for the review decision; and\nif the applicant may appeal against the review decision to the Planning and Environment Court under part 3 —\nthat the applicant may apply to the Planning and Environment Court for a stay of the decision; and\nhow, and by when, the person may appeal; and\nif the applicant may apply to QCAT for an external review of the review decision under part 3 —the matters stated in the QCAT Act , section 157 (2) ; and\nif the applicant may apply for arbitration on the review decision under part 4 —\nhow the applicant applies for arbitration on the decision under part 4 ; and\nthat the applicant may apply to a court with jurisdiction to hear the proceeding for a stay of the decision.\nA copy of the relevant appeal or arbitration provisions of this Act, or the provisions of the QCAT Act about external review, must also be given with each review notice or copy of a review notice.\nIf the reviewer does not give the review notice within the 10 days, the reviewer is taken to have made a decision confirming the original decision.\ns 515 amd 2009 No. 24 s 974 ; 2014 No. 16 s 88\n(sec.515-ssec.1) The reviewer must, within 10 business days after making a review decision, give each of the following notice of the review decision (a review notice )— the applicant; any person who was given notice of the original decision.\n(sec.515-ssec.2) The review notice must state— the reasons for the review decision; and if the applicant may appeal against the review decision to the Planning and Environment Court under part 3 — that the applicant may apply to the Planning and Environment Court for a stay of the decision; and how, and by when, the person may appeal; and if the applicant may apply to QCAT for an external review of the review decision under part 3 —the matters stated in the QCAT Act , section 157 (2) ; and if the applicant may apply for arbitration on the review decision under part 4 — how the applicant applies for arbitration on the decision under part 4 ; and that the applicant may apply to a court with jurisdiction to hear the proceeding for a stay of the decision.\n(sec.515-ssec.3) A copy of the relevant appeal or arbitration provisions of this Act, or the provisions of the QCAT Act about external review, must also be given with each review notice or copy of a review notice.\n(sec.515-ssec.4) If the reviewer does not give the review notice within the 10 days, the reviewer is taken to have made a decision confirming the original decision.\n- (a) the applicant;\n- (b) any person who was given notice of the original decision.\n- (a) the reasons for the review decision; and\n- (b) if the applicant may appeal against the review decision to the Planning and Environment Court under part 3 — (i) that the applicant may apply to the Planning and Environment Court for a stay of the decision; and (ii) how, and by when, the person may appeal; and\n- (i) that the applicant may apply to the Planning and Environment Court for a stay of the decision; and\n- (ii) how, and by when, the person may appeal; and\n- (c) if the applicant may apply to QCAT for an external review of the review decision under part 3 —the matters stated in the QCAT Act , section 157 (2) ; and\n- (d) if the applicant may apply for arbitration on the review decision under part 4 — (i) how the applicant applies for arbitration on the decision under part 4 ; and (ii) that the applicant may apply to a court with jurisdiction to hear the proceeding for a stay of the decision.\n- (i) how the applicant applies for arbitration on the decision under part 4 ; and\n- (ii) that the applicant may apply to a court with jurisdiction to hear the proceeding for a stay of the decision.\n- (i) that the applicant may apply to the Planning and Environment Court for a stay of the decision; and\n- (ii) how, and by when, the person may appeal; and\n- (i) how the applicant applies for arbitration on the decision under part 4 ; and\n- (ii) that the applicant may apply to a court with jurisdiction to hear the proceeding for a stay of the decision.","sortOrder":595},{"sectionNumber":"sec.516","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.516 Stay of operation of original decision\n\nAn internal review application does not stay the original decision the subject of the application.\nHowever, the applicant may immediately apply for a stay of the original decision to—\nif, under part 3 , the applicant would be able to appeal to the Planning and Environment Court—the Planning and Environment Court; or\nif, under part 3 , the applicant would be able to apply to QCAT for an external review—QCAT; or\nif, under part 4 , the applicant would be able to apply for arbitration—a court with jurisdiction to hear the proceeding.\nAn application to QCAT under subsection (2) (b) must be made as provided under the QCAT Act .\nThe court or QCAT may stay the original decision to secure the effectiveness of the internal review and a later arbitration, appeal to the court or external review by QCAT.\nThe stay—\nmay be given on conditions the court or QCAT considers appropriate; and\noperates for the period fixed by the court or QCAT; and\nmay be revoked or amended by the court or QCAT.\nThe period of the stay must not extend past the day when the reviewer makes a review decision about the original decision and any later period the court or QCAT allows the applicant to enable the applicant to—\nseek arbitration on the review decision; or\nappeal against or apply for external review of the review decision.\nAn internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\ns 516 amd 2009 No. 24 s 975 ; 2014 No. 16 s 89\n(sec.516-ssec.1) An internal review application does not stay the original decision the subject of the application.\n(sec.516-ssec.2) However, the applicant may immediately apply for a stay of the original decision to— if, under part 3 , the applicant would be able to appeal to the Planning and Environment Court—the Planning and Environment Court; or if, under part 3 , the applicant would be able to apply to QCAT for an external review—QCAT; or if, under part 4 , the applicant would be able to apply for arbitration—a court with jurisdiction to hear the proceeding.\n(sec.516-ssec.2A) An application to QCAT under subsection (2) (b) must be made as provided under the QCAT Act .\n(sec.516-ssec.3) The court or QCAT may stay the original decision to secure the effectiveness of the internal review and a later arbitration, appeal to the court or external review by QCAT.\n(sec.516-ssec.4) The stay— may be given on conditions the court or QCAT considers appropriate; and operates for the period fixed by the court or QCAT; and may be revoked or amended by the court or QCAT.\n(sec.516-ssec.5) The period of the stay must not extend past the day when the reviewer makes a review decision about the original decision and any later period the court or QCAT allows the applicant to enable the applicant to— seek arbitration on the review decision; or appeal against or apply for external review of the review decision.\n(sec.516-ssec.6) An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\n- (a) if, under part 3 , the applicant would be able to appeal to the Planning and Environment Court—the Planning and Environment Court; or\n- (b) if, under part 3 , the applicant would be able to apply to QCAT for an external review—QCAT; or\n- (c) if, under part 4 , the applicant would be able to apply for arbitration—a court with jurisdiction to hear the proceeding.\n- (a) may be given on conditions the court or QCAT considers appropriate; and\n- (b) operates for the period fixed by the court or QCAT; and\n- (c) may be revoked or amended by the court or QCAT.\n- (a) seek arbitration on the review decision; or\n- (b) appeal against or apply for external review of the review decision.","sortOrder":596},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Appeals and external reviews","content":"# Appeals and external reviews","sortOrder":597},{"sectionNumber":"sec.517","sectionType":"section","heading":"Who may appeal or apply for an external review","content":"### sec.517 Who may appeal or apply for an external review\n\nIf an interested person has applied for an internal review of an original decision, any interested person for the original decision may appeal against or apply for an external review of the review decision under this section.\nFor the following decisions, the appeal must be made to the Planning and Environment Court—\na decision by the chief executive to give an information notice under chapter 4 ;\na decision by the chief executive to give a compliance notice under section 359 (1) ;\na decision by the chief executive, or an authorised officer appointed by the chief executive, to give a compliance notice relating to a dam safety and flood mitigation contravention;\na decision by the regulator, or an authorised officer appointed by the regulator, to give an information notice or compliance notice relating to a matter involving drinking water or recycled water.\nThe appeal must be started within 30 business days after the review notice is given for the review decision under section 515 .\nFor the following decisions, the external review must be to QCAT as provided under the QCAT Act —\na decision by the chief executive, or an authorised officer appointed by the chief executive, to give a compliance notice relating to a contravention, other than a dam safety and flood mitigation contravention;\na decision by a service provider to give an information notice.\nIn this section—\ndam safety and flood mitigation contravention means a contravention of a provision of chapter 4 or section 645 .\ns 517 amd 2009 No. 24 s 977\nsub 2014 No. 16 s 90\n(sec.517-ssec.1) If an interested person has applied for an internal review of an original decision, any interested person for the original decision may appeal against or apply for an external review of the review decision under this section.\n(sec.517-ssec.2) For the following decisions, the appeal must be made to the Planning and Environment Court— a decision by the chief executive to give an information notice under chapter 4 ; a decision by the chief executive to give a compliance notice under section 359 (1) ; a decision by the chief executive, or an authorised officer appointed by the chief executive, to give a compliance notice relating to a dam safety and flood mitigation contravention; a decision by the regulator, or an authorised officer appointed by the regulator, to give an information notice or compliance notice relating to a matter involving drinking water or recycled water.\n(sec.517-ssec.3) The appeal must be started within 30 business days after the review notice is given for the review decision under section 515 .\n(sec.517-ssec.4) For the following decisions, the external review must be to QCAT as provided under the QCAT Act — a decision by the chief executive, or an authorised officer appointed by the chief executive, to give a compliance notice relating to a contravention, other than a dam safety and flood mitigation contravention; a decision by a service provider to give an information notice.\n(sec.517-ssec.5) In this section— dam safety and flood mitigation contravention means a contravention of a provision of chapter 4 or section 645 .\n- (a) a decision by the chief executive to give an information notice under chapter 4 ;\n- (b) a decision by the chief executive to give a compliance notice under section 359 (1) ;\n- (c) a decision by the chief executive, or an authorised officer appointed by the chief executive, to give a compliance notice relating to a dam safety and flood mitigation contravention;\n- (d) a decision by the regulator, or an authorised officer appointed by the regulator, to give an information notice or compliance notice relating to a matter involving drinking water or recycled water.\n- (a) a decision by the chief executive, or an authorised officer appointed by the chief executive, to give a compliance notice relating to a contravention, other than a dam safety and flood mitigation contravention;\n- (b) a decision by a service provider to give an information notice.","sortOrder":598},{"sectionNumber":"sec.518","sectionType":"section","heading":"Starting an appeal to Planning and Environment Court","content":"### sec.518 Starting an appeal to Planning and Environment Court\n\nAn appeal is started by—\nfiling a notice of appeal with the court; and\nif the review decision being appealed against was about an original decision of the chief executive—serving a copy of the notice on the chief executive; and\nif the review decision being appealed against was about an original decision of the regulator—serving a copy of the notice on the regulator; and\ncomplying with the rules of court applicable to the appeal.\nThe notice of appeal must be filed within 30 business days after the appellant receives notice of the review decision appealed against.\nHowever, the court may, at any time, extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\ns 518 amd 2009 No. 24 s 978\n(sec.518-ssec.1) An appeal is started by— filing a notice of appeal with the court; and if the review decision being appealed against was about an original decision of the chief executive—serving a copy of the notice on the chief executive; and if the review decision being appealed against was about an original decision of the regulator—serving a copy of the notice on the regulator; and complying with the rules of court applicable to the appeal.\n(sec.518-ssec.2) The notice of appeal must be filed within 30 business days after the appellant receives notice of the review decision appealed against.\n(sec.518-ssec.3) However, the court may, at any time, extend the period for filing the notice of appeal.\n(sec.518-ssec.4) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n- (a) filing a notice of appeal with the court; and\n- (b) if the review decision being appealed against was about an original decision of the chief executive—serving a copy of the notice on the chief executive; and\n- (c) if the review decision being appealed against was about an original decision of the regulator—serving a copy of the notice on the regulator; and\n- (d) complying with the rules of court applicable to the appeal.","sortOrder":599},{"sectionNumber":"sec.519","sectionType":"section","heading":"Stay of operation of review decision","content":"### sec.519 Stay of operation of review decision\n\nThe court may grant a stay of the operation of a review decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be revoked or amended by the court.\nThe period of the stay stated by the court must not extend past the time when the court decides the appeal.\nAn appeal against a review decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\ns 519 amd 2009 No. 24 s 979\n(sec.519-ssec.1) The court may grant a stay of the operation of a review decision appealed against to secure the effectiveness of the appeal.\n(sec.519-ssec.2) A stay— may be given on conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court.\n(sec.519-ssec.3) The period of the stay stated by the court must not extend past the time when the court decides the appeal.\n(sec.519-ssec.4) An appeal against a review decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":600},{"sectionNumber":"sec.520","sectionType":"section","heading":"Hearing procedures","content":"### sec.520 Hearing procedures\n\nThe procedure for an appeal must be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge or magistrate.\nAn appeal is by way of rehearing, unaffected by the review decision.\n(sec.520-ssec.1) The procedure for an appeal must be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge or magistrate.\n(sec.520-ssec.2) An appeal is by way of rehearing, unaffected by the review decision.","sortOrder":601},{"sectionNumber":"sec.521","sectionType":"section","heading":"Assessors","content":"### sec.521 Assessors\n\nIf the judge or magistrate hearing an appeal is satisfied the appeal involves a question of special knowledge and skill, the judge or magistrate may appoint 1 or more assessors to help in deciding the appeal.","sortOrder":602},{"sectionNumber":"sec.522","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.522 Powers of court on appeal\n\nIn deciding an appeal, the court may—\nconfirm the review decision appealed against; or\nset aside the review decision and substitute another decision; or\nsend the matter back to the reviewer and give the directions the court considers appropriate.\nIf the court substitutes another decision, the substituted decision is, for the purposes of this Act, other than this part, taken to be the review decision.\n(sec.522-ssec.1) In deciding an appeal, the court may— confirm the review decision appealed against; or set aside the review decision and substitute another decision; or send the matter back to the reviewer and give the directions the court considers appropriate.\n(sec.522-ssec.2) If the court substitutes another decision, the substituted decision is, for the purposes of this Act, other than this part, taken to be the review decision.\n- (a) confirm the review decision appealed against; or\n- (b) set aside the review decision and substitute another decision; or\n- (c) send the matter back to the reviewer and give the directions the court considers appropriate.","sortOrder":603},{"sectionNumber":"sec.523","sectionType":"section","heading":"Appeal costs","content":"### sec.523 Appeal costs\n\nEach party to an appeal must bear the party’s own costs for the appeal.\nHowever, the court may order a party to an appeal to pay costs to another party if the court considers—\nthe appeal was frivolous or vexatious; or\nthe party has incurred costs because the other party defaulted in the procedural requirements.\n(sec.523-ssec.1) Each party to an appeal must bear the party’s own costs for the appeal.\n(sec.523-ssec.2) However, the court may order a party to an appeal to pay costs to another party if the court considers— the appeal was frivolous or vexatious; or the party has incurred costs because the other party defaulted in the procedural requirements.\n- (a) the appeal was frivolous or vexatious; or\n- (b) the party has incurred costs because the other party defaulted in the procedural requirements.","sortOrder":604},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Arbitration","content":"# Arbitration","sortOrder":605},{"sectionNumber":"sec.524","sectionType":"section","heading":"Who may apply for arbitration","content":"### sec.524 Who may apply for arbitration\n\nThis section applies to a review decision about an original decision the subject of an information notice or a compliance notice mentioned in section 510 (1) (b) , other than an original decision that is a decision relating to a matter involving drinking water or recycled water.\nAn interested person who applied for an internal review of the original decision and is dissatisfied with the review decision may give the authority under the Queensland Competition Authority Act 1997 a notice (a dispute notice ) applying for arbitration on the decision.\nThe dispute notice must—\nbe given within 30 business days after the interested person receives notice of the decision; and\nstate—\nthe name and address of the interested person; and\ndetails of the review decision and the grounds on which arbitration is sought.\nThe interested person must, at the same time, give a copy of the dispute notice to the regulator.\ns 524 amd 2009 No. 24 s 980 ; 2014 No. 16 s 91\n(sec.524-ssec.1) This section applies to a review decision about an original decision the subject of an information notice or a compliance notice mentioned in section 510 (1) (b) , other than an original decision that is a decision relating to a matter involving drinking water or recycled water.\n(sec.524-ssec.2) An interested person who applied for an internal review of the original decision and is dissatisfied with the review decision may give the authority under the Queensland Competition Authority Act 1997 a notice (a dispute notice ) applying for arbitration on the decision.\n(sec.524-ssec.3) The dispute notice must— be given within 30 business days after the interested person receives notice of the decision; and state— the name and address of the interested person; and details of the review decision and the grounds on which arbitration is sought.\n(sec.524-ssec.4) The interested person must, at the same time, give a copy of the dispute notice to the regulator.\n- (a) be given within 30 business days after the interested person receives notice of the decision; and\n- (b) state— (i) the name and address of the interested person; and (ii) details of the review decision and the grounds on which arbitration is sought.\n- (i) the name and address of the interested person; and\n- (ii) details of the review decision and the grounds on which arbitration is sought.\n- (i) the name and address of the interested person; and\n- (ii) details of the review decision and the grounds on which arbitration is sought.","sortOrder":606},{"sectionNumber":"sec.524A","sectionType":"section","heading":"Stay of operation of review decision","content":"### sec.524A Stay of operation of review decision\n\nAn application for arbitration does not stay the review decision.\nHowever, an applicant may immediately apply for a stay of the review decision to a court with jurisdiction to hear the proceeding.\nThe court may stay the review decision to secure the effectiveness of the arbitration.\nA stay—\nmay be given on conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be revoked or amended by the court.\nThe period of the stay stated by the court must not extend past the time when the arbitration is decided.\ns 524A ins 2009 No. 24 s 981\n(sec.524A-ssec.1) An application for arbitration does not stay the review decision.\n(sec.524A-ssec.2) However, an applicant may immediately apply for a stay of the review decision to a court with jurisdiction to hear the proceeding.\n(sec.524A-ssec.3) The court may stay the review decision to secure the effectiveness of the arbitration.\n(sec.524A-ssec.4) A stay— may be given on conditions the court considers appropriate; and operates for the period fixed by the court; and may be revoked or amended by the court.\n(sec.524A-ssec.5) The period of the stay stated by the court must not extend past the time when the arbitration is decided.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be revoked or amended by the court.","sortOrder":607},{"sectionNumber":"sec.525","sectionType":"section","heading":"Acknowledging dispute notice","content":"### sec.525 Acknowledging dispute notice\n\nOn receiving the dispute notice, the authority must give the interested person and the regulator a notice acknowledging receipt of the dispute notice.","sortOrder":608},{"sectionNumber":"sec.526","sectionType":"section","heading":"Withdrawing dispute notice","content":"### sec.526 Withdrawing dispute notice\n\nThe interested person may withdraw the dispute notice at any time before the authority makes its decision on the dispute.","sortOrder":609},{"sectionNumber":"sec.527","sectionType":"section","heading":"Parties to arbitration","content":"### sec.527 Parties to arbitration\n\nThe parties to the arbitration are the interested person and the regulator.","sortOrder":610},{"sectionNumber":"sec.528","sectionType":"section","heading":"Decision by authority","content":"### sec.528 Decision by authority\n\nThe authority must give a written decision in an arbitration on the dispute.\nWhen making the decision, the authority must give the parties its reasons for making the decision.\nHowever, the authority is not required to make a decision if it ends the arbitration and the authority is satisfied—\nthe giving of the dispute notice was vexatious; or\nthe subject matter of the dispute is trivial, misconceived or lacking in substance.\n(sec.528-ssec.1) The authority must give a written decision in an arbitration on the dispute.\n(sec.528-ssec.2) When making the decision, the authority must give the parties its reasons for making the decision.\n(sec.528-ssec.3) However, the authority is not required to make a decision if it ends the arbitration and the authority is satisfied— the giving of the dispute notice was vexatious; or the subject matter of the dispute is trivial, misconceived or lacking in substance.\n- (a) the giving of the dispute notice was vexatious; or\n- (b) the subject matter of the dispute is trivial, misconceived or lacking in substance.","sortOrder":611},{"sectionNumber":"sec.529","sectionType":"section","heading":"Conduct of arbitration","content":"### sec.529 Conduct of arbitration\n\nThe Queensland Competition Authority Act 1997 , part 7 , applies to the arbitration.","sortOrder":612},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Appointment of administrator and emergency powers for particular infrastructure","content":"# Appointment of administrator and emergency powers for particular infrastructure","sortOrder":613},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Appointment of administrator","content":"## Appointment of administrator","sortOrder":614},{"sectionNumber":"sec.530","sectionType":"section","heading":"Governor in Council may appoint administrator to operate infrastructure","content":"### sec.530 Governor in Council may appoint administrator to operate infrastructure\n\nSubsection (2) applies if the Minister is satisfied, or reasonably believes—\na service provider has not complied with a compliance notice given by the regulator under section 465 ; or\na service provider has stopped, or is likely to stop, supplying a registered service and there is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.\nThe Governor in Council may, by gazette notice, authorise any of the following persons (an administrator ) to operate the infrastructure and use the service provider’s water entitlement to supply the registered service—\nthe regulator;\nany other person who has the necessary experience or qualifications to operate the infrastructure.\nSubsection (4) applies if the Minister is satisfied, or reasonably believes, a scheme manager, or recycled water provider or other declared entity, (the responsible entity ) for a critical recycled water scheme—\nhas not complied with a compliance notice; or\nhas stopped, or is likely to stop, supplying recycled water under the scheme.\nThe Governor in Council may, by gazette notice, authorise any of the following persons (also an administrator ) to operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme—\nthe regulator;\nany other person who has the necessary experience or qualifications to operate the infrastructure.\nAn authorisation under subsection (2) or (4) has effect from the day the notice is published until—\nthe day stated in the notice; or\nif no day is stated in the notice—the day a further notice withdrawing the authorisation is published in the gazette.\nThe authorisation may deal with any matter necessary or convenient to help the administrator operate the infrastructure and supply the registered service or recycled water.\ns 530 amd 2013 No. 23 s 348\n(sec.530-ssec.1) Subsection (2) applies if the Minister is satisfied, or reasonably believes— a service provider has not complied with a compliance notice given by the regulator under section 465 ; or a service provider has stopped, or is likely to stop, supplying a registered service and there is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.\n(sec.530-ssec.2) The Governor in Council may, by gazette notice, authorise any of the following persons (an administrator ) to operate the infrastructure and use the service provider’s water entitlement to supply the registered service— the regulator; any other person who has the necessary experience or qualifications to operate the infrastructure.\n(sec.530-ssec.3) Subsection (4) applies if the Minister is satisfied, or reasonably believes, a scheme manager, or recycled water provider or other declared entity, (the responsible entity ) for a critical recycled water scheme— has not complied with a compliance notice; or has stopped, or is likely to stop, supplying recycled water under the scheme.\n(sec.530-ssec.4) The Governor in Council may, by gazette notice, authorise any of the following persons (also an administrator ) to operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme— the regulator; any other person who has the necessary experience or qualifications to operate the infrastructure.\n(sec.530-ssec.5) An authorisation under subsection (2) or (4) has effect from the day the notice is published until— the day stated in the notice; or if no day is stated in the notice—the day a further notice withdrawing the authorisation is published in the gazette.\n(sec.530-ssec.6) The authorisation may deal with any matter necessary or convenient to help the administrator operate the infrastructure and supply the registered service or recycled water.\n- (a) a service provider has not complied with a compliance notice given by the regulator under section 465 ; or\n- (b) a service provider has stopped, or is likely to stop, supplying a registered service and there is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.\n- (a) the regulator;\n- (b) any other person who has the necessary experience or qualifications to operate the infrastructure.\n- (a) has not complied with a compliance notice; or\n- (b) has stopped, or is likely to stop, supplying recycled water under the scheme.\n- (a) the regulator;\n- (b) any other person who has the necessary experience or qualifications to operate the infrastructure.\n- (a) the day stated in the notice; or\n- (b) if no day is stated in the notice—the day a further notice withdrawing the authorisation is published in the gazette.","sortOrder":615},{"sectionNumber":"sec.531","sectionType":"section","heading":"Effect of administrator operating infrastructure","content":"### sec.531 Effect of administrator operating infrastructure\n\nIf an administrator is authorised under section 530 to operate infrastructure, the infrastructure may be operated by—\nthe administrator; or\nanother person (the operator ) appointed by the administrator.\nThe administrator and operator may do all things necessary or convenient to ensure the effective operation of the infrastructure.\nA person in possession of premises on which the infrastructure operates must give the administrator and operator access to the premises to enable operation of the infrastructure.\nMaximum penalty—500 penalty units.\nA person in possession of premises must not act, or refuse to act, if the acting or refusal has the effect of preventing or hindering the administrator or operator from operating the infrastructure.\nMaximum penalty—1,665 penalty units.\nSubsections (3) and (4) do not apply to an act done, or omission made, during or relating to industrial action as defined under the Industrial Relations Act 2016 .\nThe service provider or responsible entity is liable for the administrator’s reasonable costs of—\noperating the infrastructure; and\nrepairing, replacing or improving the infrastructure.\nThe administrator must pay the service provider or responsible entity any income received by the administrator from operating the infrastructure less all costs mentioned in subsection (6) .\ns 531 amd 2016 No. 63 s 1157 sch 6\n(sec.531-ssec.1) If an administrator is authorised under section 530 to operate infrastructure, the infrastructure may be operated by— the administrator; or another person (the operator ) appointed by the administrator.\n(sec.531-ssec.2) The administrator and operator may do all things necessary or convenient to ensure the effective operation of the infrastructure.\n(sec.531-ssec.3) A person in possession of premises on which the infrastructure operates must give the administrator and operator access to the premises to enable operation of the infrastructure. Maximum penalty—500 penalty units.\n(sec.531-ssec.4) A person in possession of premises must not act, or refuse to act, if the acting or refusal has the effect of preventing or hindering the administrator or operator from operating the infrastructure. Maximum penalty—1,665 penalty units.\n(sec.531-ssec.5) Subsections (3) and (4) do not apply to an act done, or omission made, during or relating to industrial action as defined under the Industrial Relations Act 2016 .\n(sec.531-ssec.6) The service provider or responsible entity is liable for the administrator’s reasonable costs of— operating the infrastructure; and repairing, replacing or improving the infrastructure.\n(sec.531-ssec.7) The administrator must pay the service provider or responsible entity any income received by the administrator from operating the infrastructure less all costs mentioned in subsection (6) .\n- (a) the administrator; or\n- (b) another person (the operator ) appointed by the administrator.\n- (a) operating the infrastructure; and\n- (b) repairing, replacing or improving the infrastructure.","sortOrder":616},{"sectionNumber":"sec.532","sectionType":"section","heading":"Effect of appointment of administrator","content":"### sec.532 Effect of appointment of administrator\n\nSubsections (2) and (3) apply if an administrator is authorised under section 530 (2) to operate a service provider’s infrastructure.\nThe registration of the service provider as a service provider is suspended from the day the notice is published in the gazette under section 530 (2) until the day stated in the notice or a further notice under section 530 (5) (b) is published.\nThe administrator is taken to be the service provider for the period the administrator’s authorisation under section 530 (2) is effective.\nSubsection (5) applies if an administrator is authorised under section 530 (4) to operate a responsible entity’s infrastructure.\nThe administrator is taken to be the responsible entity for the period the administrator’s authorisation under section 530 (4) is effective.\n(sec.532-ssec.1) Subsections (2) and (3) apply if an administrator is authorised under section 530 (2) to operate a service provider’s infrastructure.\n(sec.532-ssec.2) The registration of the service provider as a service provider is suspended from the day the notice is published in the gazette under section 530 (2) until the day stated in the notice or a further notice under section 530 (5) (b) is published.\n(sec.532-ssec.3) The administrator is taken to be the service provider for the period the administrator’s authorisation under section 530 (2) is effective.\n(sec.532-ssec.4) Subsection (5) applies if an administrator is authorised under section 530 (4) to operate a responsible entity’s infrastructure.\n(sec.532-ssec.5) The administrator is taken to be the responsible entity for the period the administrator’s authorisation under section 530 (4) is effective.","sortOrder":617},{"sectionNumber":"sec.533","sectionType":"section","heading":"Withdrawing appointment of administrator","content":"### sec.533 Withdrawing appointment of administrator\n\nThe Governor in Council may, by gazette notice, withdraw an authorisation given under section 530 (2) or (4) .\nIf the authorisation is about the operation of a service provider’s infrastructure, the suspension of the service provider’s registration is removed from the day the notice is published.\n(sec.533-ssec.1) The Governor in Council may, by gazette notice, withdraw an authorisation given under section 530 (2) or (4) .\n(sec.533-ssec.2) If the authorisation is about the operation of a service provider’s infrastructure, the suspension of the service provider’s registration is removed from the day the notice is published.","sortOrder":618},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Emergency powers for operating particular infrastructure","content":"## Emergency powers for operating particular infrastructure","sortOrder":619},{"sectionNumber":"sec.534","sectionType":"section","heading":"Regulator or other person may operate infrastructure for drinking water—regulator’s notice","content":"### sec.534 Regulator or other person may operate infrastructure for drinking water—regulator’s notice\n\nThis section applies if the regulator is satisfied, or reasonably believes—\na drinking water service provider for a drinking water service—\nhas not complied with a compliance notice; or\nhas stopped, or is likely to stop, the drinking water service; and\nthat because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the provider’s infrastructure for the service to protect public health.\nThe regulator may, on giving notice under this section to the drinking water service provider—\noperate the provider’s infrastructure for the drinking water service; or\nappoint another person, who has the necessary experience or qualifications, to operate the infrastructure.\nThe notice must—\ndescribe the infrastructure; and\nstate the reasons that the regulator has given the notice; and\nstate the period for which the regulator or other person may operate the infrastructure.\nIf the regulator operates the infrastructure under subsection (2) (a) , the regulator may operate the infrastructure for the period—\nstarting on the day the notice is given to the drinking water service provider; and\nending on the first of the following days to happen—\nthe day that is 30 business days after the day the notice is given;\nthe day an administrator is authorised under section 530 to operate the infrastructure for the drinking water service provider’s drinking water service.\nIf, under subsection (2) (b) , the regulator appoints another person to operate the infrastructure—\nthe regulator must give the drinking water service provider notice of the appointment; and\nthe person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen—\nthe day that is 30 business days after the day the notice mentioned in subsection (2) is given to the drinking water service provider;\nthe day an administrator is authorised under section 530 to operate the infrastructure for the provider’s drinking water service.\n(sec.534-ssec.1) This section applies if the regulator is satisfied, or reasonably believes— a drinking water service provider for a drinking water service— has not complied with a compliance notice; or has stopped, or is likely to stop, the drinking water service; and that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the provider’s infrastructure for the service to protect public health.\n(sec.534-ssec.2) The regulator may, on giving notice under this section to the drinking water service provider— operate the provider’s infrastructure for the drinking water service; or appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.\n(sec.534-ssec.3) The notice must— describe the infrastructure; and state the reasons that the regulator has given the notice; and state the period for which the regulator or other person may operate the infrastructure.\n(sec.534-ssec.4) If the regulator operates the infrastructure under subsection (2) (a) , the regulator may operate the infrastructure for the period— starting on the day the notice is given to the drinking water service provider; and ending on the first of the following days to happen— the day that is 30 business days after the day the notice is given; the day an administrator is authorised under section 530 to operate the infrastructure for the drinking water service provider’s drinking water service.\n(sec.534-ssec.5) If, under subsection (2) (b) , the regulator appoints another person to operate the infrastructure— the regulator must give the drinking water service provider notice of the appointment; and the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen— the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the drinking water service provider; the day an administrator is authorised under section 530 to operate the infrastructure for the provider’s drinking water service.\n- (a) a drinking water service provider for a drinking water service— (i) has not complied with a compliance notice; or (ii) has stopped, or is likely to stop, the drinking water service; and\n- (i) has not complied with a compliance notice; or\n- (ii) has stopped, or is likely to stop, the drinking water service; and\n- (b) that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the provider’s infrastructure for the service to protect public health.\n- (i) has not complied with a compliance notice; or\n- (ii) has stopped, or is likely to stop, the drinking water service; and\n- (a) operate the provider’s infrastructure for the drinking water service; or\n- (b) appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.\n- (a) describe the infrastructure; and\n- (b) state the reasons that the regulator has given the notice; and\n- (c) state the period for which the regulator or other person may operate the infrastructure.\n- (a) starting on the day the notice is given to the drinking water service provider; and\n- (b) ending on the first of the following days to happen— (i) the day that is 30 business days after the day the notice is given; (ii) the day an administrator is authorised under section 530 to operate the infrastructure for the drinking water service provider’s drinking water service.\n- (i) the day that is 30 business days after the day the notice is given;\n- (ii) the day an administrator is authorised under section 530 to operate the infrastructure for the drinking water service provider’s drinking water service.\n- (i) the day that is 30 business days after the day the notice is given;\n- (ii) the day an administrator is authorised under section 530 to operate the infrastructure for the drinking water service provider’s drinking water service.\n- (a) the regulator must give the drinking water service provider notice of the appointment; and\n- (b) the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen— (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the drinking water service provider; (ii) the day an administrator is authorised under section 530 to operate the infrastructure for the provider’s drinking water service.\n- (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the drinking water service provider;\n- (ii) the day an administrator is authorised under section 530 to operate the infrastructure for the provider’s drinking water service.\n- (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the drinking water service provider;\n- (ii) the day an administrator is authorised under section 530 to operate the infrastructure for the provider’s drinking water service.","sortOrder":620},{"sectionNumber":"sec.535","sectionType":"section","heading":"Regulator or other person may operate infrastructure for recycled water—regulator’s notice","content":"### sec.535 Regulator or other person may operate infrastructure for recycled water—regulator’s notice\n\nThis section applies if the regulator is satisfied, or reasonably believes—\na scheme manager, or recycled water provider or other declared entity, (the responsible entity ) for a critical recycled water scheme—\nhas not complied with a compliance notice; or\nhas stopped, or is likely to stop, supplying recycled water under the scheme; and\nthat because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the responsible entity’s infrastructure for supplying recycled water under the scheme—\nto protect public health; or\nto ensure the continuity of operation of the recycled water scheme.\nThe regulator may, on giving notice under this section to the responsible entity—\noperate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme; or\nappoint another person, who has the necessary experience or qualifications, to operate the infrastructure.\nThe notice must—\ndescribe the infrastructure; and\nstate the reasons that the regulator has given the notice; and\nstate the period for which the regulator or other person may operate the infrastructure.\nIf the regulator operates the infrastructure under subsection (2) (a) , the regulator may operate the infrastructure for the period—\nstarting on the day the notice is given to the responsible entity; and\nending on the first of the following days to happen—\nthe day that is 30 business days after the day the notice is given;\nthe day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\nIf, under subsection (2) (b) , the regulator appoints another person to operate the infrastructure—\nthe regulator must give the responsible entity notice of the appointment; and\nthe person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen—\nthe day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity;\nthe day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\n(sec.535-ssec.1) This section applies if the regulator is satisfied, or reasonably believes— a scheme manager, or recycled water provider or other declared entity, (the responsible entity ) for a critical recycled water scheme— has not complied with a compliance notice; or has stopped, or is likely to stop, supplying recycled water under the scheme; and that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the responsible entity’s infrastructure for supplying recycled water under the scheme— to protect public health; or to ensure the continuity of operation of the recycled water scheme.\n(sec.535-ssec.2) The regulator may, on giving notice under this section to the responsible entity— operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme; or appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.\n(sec.535-ssec.3) The notice must— describe the infrastructure; and state the reasons that the regulator has given the notice; and state the period for which the regulator or other person may operate the infrastructure.\n(sec.535-ssec.4) If the regulator operates the infrastructure under subsection (2) (a) , the regulator may operate the infrastructure for the period— starting on the day the notice is given to the responsible entity; and ending on the first of the following days to happen— the day that is 30 business days after the day the notice is given; the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\n(sec.535-ssec.5) If, under subsection (2) (b) , the regulator appoints another person to operate the infrastructure— the regulator must give the responsible entity notice of the appointment; and the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen— the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity; the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\n- (a) a scheme manager, or recycled water provider or other declared entity, (the responsible entity ) for a critical recycled water scheme— (i) has not complied with a compliance notice; or (ii) has stopped, or is likely to stop, supplying recycled water under the scheme; and\n- (i) has not complied with a compliance notice; or\n- (ii) has stopped, or is likely to stop, supplying recycled water under the scheme; and\n- (b) that because of exceptional circumstances, it is necessary for the regulator, or another person appointed by the regulator, to operate the responsible entity’s infrastructure for supplying recycled water under the scheme— (i) to protect public health; or (ii) to ensure the continuity of operation of the recycled water scheme.\n- (i) to protect public health; or\n- (ii) to ensure the continuity of operation of the recycled water scheme.\n- (i) has not complied with a compliance notice; or\n- (ii) has stopped, or is likely to stop, supplying recycled water under the scheme; and\n- (i) to protect public health; or\n- (ii) to ensure the continuity of operation of the recycled water scheme.\n- (a) operate the responsible entity’s infrastructure for producing or supplying recycled water under the scheme; or\n- (b) appoint another person, who has the necessary experience or qualifications, to operate the infrastructure.\n- (a) describe the infrastructure; and\n- (b) state the reasons that the regulator has given the notice; and\n- (c) state the period for which the regulator or other person may operate the infrastructure.\n- (a) starting on the day the notice is given to the responsible entity; and\n- (b) ending on the first of the following days to happen— (i) the day that is 30 business days after the day the notice is given; (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\n- (i) the day that is 30 business days after the day the notice is given;\n- (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\n- (i) the day that is 30 business days after the day the notice is given;\n- (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\n- (a) the regulator must give the responsible entity notice of the appointment; and\n- (b) the person may operate the infrastructure for the period starting on the day the person is appointed and ending on the first of the following days to happen— (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity; (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\n- (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity;\n- (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.\n- (i) the day that is 30 business days after the day the notice mentioned in subsection (2) is given to the responsible entity;\n- (ii) the day an administrator is authorised under section 530 (4) to operate the responsible entity’s infrastructure for supplying recycled water under the critical recycled water scheme.","sortOrder":621},{"sectionNumber":"sec.536","sectionType":"section","heading":"Effect of operating infrastructure","content":"### sec.536 Effect of operating infrastructure\n\nThis section applies if, under section 534 or 535 , the regulator or another person operates an entity’s infrastructure.\nSection 531 (2) to (7) applies in relation to the operation of the infrastructure—\nas if a reference in the section to the administrator or operator were a reference to the regulator or other person; and\nas if the reference in section 531 (6) to the administrator’s reasonable costs were a reference to the regulator’s or other person’s reasonable costs; and\nas if the reference in section 531 (7) to the administrator were a reference to the regulator or other person.\nThe regulator or other person is taken to be the drinking water service provider or responsible entity for the period for which the regulator or person may operate the infrastructure.\n(sec.536-ssec.1) This section applies if, under section 534 or 535 , the regulator or another person operates an entity’s infrastructure.\n(sec.536-ssec.2) Section 531 (2) to (7) applies in relation to the operation of the infrastructure— as if a reference in the section to the administrator or operator were a reference to the regulator or other person; and as if the reference in section 531 (6) to the administrator’s reasonable costs were a reference to the regulator’s or other person’s reasonable costs; and as if the reference in section 531 (7) to the administrator were a reference to the regulator or other person.\n(sec.536-ssec.3) The regulator or other person is taken to be the drinking water service provider or responsible entity for the period for which the regulator or person may operate the infrastructure.\n- (a) as if a reference in the section to the administrator or operator were a reference to the regulator or other person; and\n- (b) as if the reference in section 531 (6) to the administrator’s reasonable costs were a reference to the regulator’s or other person’s reasonable costs; and\n- (c) as if the reference in section 531 (7) to the administrator were a reference to the regulator or other person.","sortOrder":622},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Other matter","content":"## Other matter","sortOrder":623},{"sectionNumber":"sec.537","sectionType":"section","heading":"Corporations legislation displacement provision","content":"### sec.537 Corporations legislation displacement provision\n\nThis part is declared to be a Corporations legislation displacement provision for the purposes of the Corporations Act , section 5G , in relation to the provisions of chapter 5 of that Act.\nChapter 5 of the Corporations Act provides for the external administration of corporations.\nSection 5G of that Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.\n- 1 Chapter 5 of the Corporations Act provides for the external administration of corporations.\n- 2 Section 5G of that Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency.","sortOrder":624},{"sectionNumber":"sec.538","sectionType":"section","heading":"Sections 538 –558 not used","content":"### sec.538 Sections 538 –558 not used\n\nSee editor’s note for section 1 .\ns 538 amd 2012 No. 29 s 33","sortOrder":625},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Relationship with Planning Act","content":"# Relationship with Planning Act","sortOrder":626},{"sectionNumber":"sec.559","sectionType":"section","heading":"Definition for pt 2","content":"### sec.559 Definition for pt 2\n\nIn this part—\nrelevant operational work means operational work under the Planning Act that is the construction of a dam or that is carried out in relation to a dam if, because of the work, the dam must be failure impact assessed.\ns 559 def relevant operational work amd 2016 No. 27 s 690\ns 559 ins 2012 No. 29 s 34","sortOrder":627},{"sectionNumber":"sec.560","sectionType":"section","heading":null,"content":"### Section sec.560\n\ns 560 om 2016 No. 27 s 691","sortOrder":628},{"sectionNumber":"sec.561","sectionType":"section","heading":"Particular applications for relevant operational work","content":"### sec.561 Particular applications for relevant operational work\n\nThis section applies to—\nan application for a development approval for relevant operational work; or\na change application, other than a minor change application, to change a development approval that already approves relevant operational work; or\na change application, other than a minor change application, to change a development approval—\nto approve relevant operational work; and\nthat does not already approve relevant operational work.\nThe application must be supported by evidence that the chief executive has accepted a failure impact assessment of the dam or proposed dam to which the relevant operational work relates.\nIn this section—\nchange application means a change application under the Planning Act .\nminor change application means a change application for a minor change to a development approval, as defined in the Planning Act .\ns 561 amd 2009 No. 36 s 872 sch 2 ; 2010 No. 20 s 170 ; 2012 No. 29 s 35 ; 2012 No. 34 s 131\nsub 2016 No. 27 s 692\n(sec.561-ssec.1) This section applies to— an application for a development approval for relevant operational work; or a change application, other than a minor change application, to change a development approval that already approves relevant operational work; or a change application, other than a minor change application, to change a development approval— to approve relevant operational work; and that does not already approve relevant operational work.\n(sec.561-ssec.2) The application must be supported by evidence that the chief executive has accepted a failure impact assessment of the dam or proposed dam to which the relevant operational work relates.\n(sec.561-ssec.3) In this section— change application means a change application under the Planning Act . minor change application means a change application for a minor change to a development approval, as defined in the Planning Act .\n- (a) an application for a development approval for relevant operational work; or\n- (b) a change application, other than a minor change application, to change a development approval that already approves relevant operational work; or\n- (c) a change application, other than a minor change application, to change a development approval— (i) to approve relevant operational work; and (ii) that does not already approve relevant operational work.\n- (i) to approve relevant operational work; and\n- (ii) that does not already approve relevant operational work.\n- (i) to approve relevant operational work; and\n- (ii) that does not already approve relevant operational work.","sortOrder":629},{"sectionNumber":"sec.562","sectionType":"section","heading":"When appeal may be made to Land Court","content":"### sec.562 When appeal may be made to Land Court\n\nThis section applies if—\na person makes an application to which section 561 applies; and\nthe assessable development to which the application relates is for, or relates to, an activity authorised under the Mineral Resources Act 1989 ; and\nthe person has applied under the Mineral Resources Act 1989 for authorisation to carry out the activity.\nDespite the Planning Act , chapter 6 , the person may appeal against a decision about the application to the Land Court.\nIn this section—\nassessable development means development that is assessable development under the Planning Act .\ns 562 amd 2009 No. 36 s 872 sch 2 ; 2012 No. 29 s 36\nsub 2016 No. 27 s 692\n(sec.562-ssec.1) This section applies if— a person makes an application to which section 561 applies; and the assessable development to which the application relates is for, or relates to, an activity authorised under the Mineral Resources Act 1989 ; and the person has applied under the Mineral Resources Act 1989 for authorisation to carry out the activity.\n(sec.562-ssec.2) Despite the Planning Act , chapter 6 , the person may appeal against a decision about the application to the Land Court.\n(sec.562-ssec.3) In this section— assessable development means development that is assessable development under the Planning Act .\n- (a) a person makes an application to which section 561 applies; and\n- (b) the assessable development to which the application relates is for, or relates to, an activity authorised under the Mineral Resources Act 1989 ; and\n- (c) the person has applied under the Mineral Resources Act 1989 for authorisation to carry out the activity.","sortOrder":630},{"sectionNumber":"sec.563","sectionType":"section","heading":"Sections 563 –569 not used","content":"### sec.563 Sections 563 –569 not used\n\nSee editor’s note for section 1 .","sortOrder":631},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Other miscellaneous provisions","content":"# Other miscellaneous provisions","sortOrder":632},{"sectionNumber":"sec.570","sectionType":"section","heading":"Advisory councils","content":"### sec.570 Advisory councils\n\nThe Minister may establish as many advisory councils as the Minister considers appropriate for the administration of this Act, including, for example, for any of the following—\nflood mitigation;\nreferable dams;\nguidelines;\npolicy recommendations.\nAn advisory council has the functions the Minister decides.\nA member of an advisory council may be paid the fees and allowances decided by the Governor in Council.\nThe chief executive may make available to an advisory council the technical, clerical, secretarial or other help the chief executive considers necessary for the performance of its functions and the conduct generally of its affairs.\n(sec.570-ssec.1) The Minister may establish as many advisory councils as the Minister considers appropriate for the administration of this Act, including, for example, for any of the following— flood mitigation; referable dams; guidelines; policy recommendations.\n(sec.570-ssec.2) An advisory council has the functions the Minister decides.\n(sec.570-ssec.3) A member of an advisory council may be paid the fees and allowances decided by the Governor in Council.\n(sec.570-ssec.4) The chief executive may make available to an advisory council the technical, clerical, secretarial or other help the chief executive considers necessary for the performance of its functions and the conduct generally of its affairs.\n- (a) flood mitigation;\n- (b) referable dams;\n- (c) guidelines;\n- (d) policy recommendations.","sortOrder":633},{"sectionNumber":"sec.571","sectionType":"section","heading":"Regulator may make guidelines","content":"### sec.571 Regulator may make guidelines\n\nThe regulator may make guidelines to provide guidance to persons about any of the following—\nthe quality of drinking water or recycled water;\npreparing a drinking water quality management plan or recycled water management plan;\nvalidating recycled water schemes;\npreparing audit reports under chapter 2 or 3 ;\npreparing annual reports under section 273 ;\npreparing, and making publicly available, reports under section 274 ;\nissuing a rate notice or account for the supply of water to residential premises;\ngranting exemptions for small service providers under section 147 ;\nconducting a review of a recycled water management plan or drinking water quality management plan;\nfor schedule 3 , definition supply , paragraph (b) —who is a related entity of a person who produces recycled water;\nanother matter relating to the administration of this Act.\nA guideline about the quality of drinking water or recycled water must not be inconsistent with any standard about the quality of drinking water or recycled water prescribed in a regulation under the Public Health Act .\ns 571 amd 2009 No. 46 s 146 ; 2010 No. 20 s 171 ; 2010 No. 53 s 232 ; 2014 No. 16 s 92 ; 2014 No. 31 s 40\n(sec.571-ssec.1) The regulator may make guidelines to provide guidance to persons about any of the following— the quality of drinking water or recycled water; preparing a drinking water quality management plan or recycled water management plan; validating recycled water schemes; preparing audit reports under chapter 2 or 3 ; preparing annual reports under section 273 ; preparing, and making publicly available, reports under section 274 ; issuing a rate notice or account for the supply of water to residential premises; granting exemptions for small service providers under section 147 ; conducting a review of a recycled water management plan or drinking water quality management plan; for schedule 3 , definition supply , paragraph (b) —who is a related entity of a person who produces recycled water; another matter relating to the administration of this Act.\n(sec.571-ssec.2) A guideline about the quality of drinking water or recycled water must not be inconsistent with any standard about the quality of drinking water or recycled water prescribed in a regulation under the Public Health Act .\n- (a) the quality of drinking water or recycled water;\n- (b) preparing a drinking water quality management plan or recycled water management plan;\n- (c) validating recycled water schemes;\n- (e) preparing audit reports under chapter 2 or 3 ;\n- (f) preparing annual reports under section 273 ;\n- (g) preparing, and making publicly available, reports under section 274 ;\n- (h) issuing a rate notice or account for the supply of water to residential premises;\n- (i) granting exemptions for small service providers under section 147 ;\n- (j) conducting a review of a recycled water management plan or drinking water quality management plan;\n- (k) for schedule 3 , definition supply , paragraph (b) —who is a related entity of a person who produces recycled water;\n- (l) another matter relating to the administration of this Act.","sortOrder":634},{"sectionNumber":"sec.572","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.572 Chief executive may make guidelines\n\nThe chief executive may make guidelines to provide guidance to persons about any of the following—\npreparing a water efficiency management plan;\nfailure impact assessment of water dams;\napplying safety conditions to a referable dam;\nmanaging a referable dam;\nflood capacity of dams;\nanother matter relating to the administration of this Act.\ns 572 amd 2009 No. 46 s 147 ; 2010 No. 20 s 172\n- (a) preparing a water efficiency management plan;\n- (b) failure impact assessment of water dams;\n- (c) applying safety conditions to a referable dam;\n- (d) managing a referable dam;\n- (e) flood capacity of dams;\n- (f) another matter relating to the administration of this Act.","sortOrder":635},{"sectionNumber":"sec.573","sectionType":"section","heading":"Water service provider may make guidelines","content":"### sec.573 Water service provider may make guidelines\n\nA water service provider may make guidelines to provide guidance to persons about preparing a water efficiency management plan.","sortOrder":636},{"sectionNumber":"sec.574","sectionType":"section","heading":"Documents regulator and chief executive must keep available for inspection and purchase","content":"### sec.574 Documents regulator and chief executive must keep available for inspection and purchase\n\nThe regulator and the chief executive must keep a copy of the following documents available for inspection by the public during office hours on business days at the head office, or at the appropriate regional office, of the department—\neach guideline made under section 571 or 572 ;\neach annual report prepared by the regulator under section 14 .\nThe chief executive may also keep a copy of a document mentioned in subsection (1) available for inspection by the public at other places the chief executive considers appropriate.\nA person may, on payment of a fee decided by the chief executive or regulator, obtain a copy of a document available for inspection under this section.\nThe fee decided by the chief executive or regulator must not be more than the reasonable cost of providing the copy.\ns 574 amd 2009 No. 46 s 148\n(sec.574-ssec.1) The regulator and the chief executive must keep a copy of the following documents available for inspection by the public during office hours on business days at the head office, or at the appropriate regional office, of the department— each guideline made under section 571 or 572 ; each annual report prepared by the regulator under section 14 .\n(sec.574-ssec.2) The chief executive may also keep a copy of a document mentioned in subsection (1) available for inspection by the public at other places the chief executive considers appropriate.\n(sec.574-ssec.3) A person may, on payment of a fee decided by the chief executive or regulator, obtain a copy of a document available for inspection under this section.\n(sec.574-ssec.4) The fee decided by the chief executive or regulator must not be more than the reasonable cost of providing the copy.\n- (a) each guideline made under section 571 or 572 ;\n- (b) each annual report prepared by the regulator under section 14 .","sortOrder":637},{"sectionNumber":"sec.575","sectionType":"section","heading":"Documents service provider must keep available for inspection and purchase","content":"### sec.575 Documents service provider must keep available for inspection and purchase\n\nA service provider must keep a copy of the following documents, for the provider, available for inspection by the public during office hours on business days at the office of the provider—\nguidelines made for preparing a water efficiency management plan;\nthe approved drinking water quality management plan;\ndrinking water quality management plan audit reports;\nperformance audit reports;\ncustomer service standards;\ndrinking water service annual reports;\nperformance reports;\nservice area maps prepared under section 163 .\nWithout limiting subsection (1) , a service provider complies with that subsection, in relation to a document, if the provider—\nconsiders that information in the document is cybersecurity information; and\nremoves the cybersecurity information from a copy of the document; and\nomitting the cybersecurity information from the document\nredacting the cybersecurity information in the document\nkeeps the copy of the document, with the cybersecurity information removed, available for inspection by the public under subsection (1) .\nIf a service provider keeps a copy of a document available for inspection by the public under subsection (1) or (2) (c) , the provider may also keep the copy of the document available for inspection by the public at other places the service provider considers appropriate.\nA person may, on payment of a fee decided by the service provider, obtain a copy of a document kept available by the provider for inspection by the public under subsection (1) or (2) (c) .\nThe fee decided by the service provider must not be more than the reasonable cost of providing the copy.\ns 575 amd 2014 No. 16 s 93 ; 2021 No. 18 s 18\namd 2023 No. 24 s 75 s ch 1 pt 1\n(sec.575-ssec.1) A service provider must keep a copy of the following documents, for the provider, available for inspection by the public during office hours on business days at the office of the provider— guidelines made for preparing a water efficiency management plan; the approved drinking water quality management plan; drinking water quality management plan audit reports; performance audit reports; customer service standards; drinking water service annual reports; performance reports; service area maps prepared under section 163 .\n(sec.575-ssec.2) Without limiting subsection (1) , a service provider complies with that subsection, in relation to a document, if the provider— considers that information in the document is cybersecurity information; and removes the cybersecurity information from a copy of the document; and omitting the cybersecurity information from the document redacting the cybersecurity information in the document keeps the copy of the document, with the cybersecurity information removed, available for inspection by the public under subsection (1) .\n(sec.575-ssec.3) If a service provider keeps a copy of a document available for inspection by the public under subsection (1) or (2) (c) , the provider may also keep the copy of the document available for inspection by the public at other places the service provider considers appropriate.\n(sec.575-ssec.4) A person may, on payment of a fee decided by the service provider, obtain a copy of a document kept available by the provider for inspection by the public under subsection (1) or (2) (c) .\n(sec.575-ssec.5) The fee decided by the service provider must not be more than the reasonable cost of providing the copy.\n- (a) guidelines made for preparing a water efficiency management plan;\n- (b) the approved drinking water quality management plan;\n- (c) drinking water quality management plan audit reports;\n- (d) performance audit reports;\n- (e) customer service standards;\n- (f) drinking water service annual reports;\n- (g) performance reports;\n- (h) service area maps prepared under section 163 .\n- (a) considers that information in the document is cybersecurity information; and\n- (b) removes the cybersecurity information from a copy of the document; and Examples of ways cybersecurity information may be removed from a document— • omitting the cybersecurity information from the document • redacting the cybersecurity information in the document\n- • omitting the cybersecurity information from the document\n- • redacting the cybersecurity information in the document\n- (c) keeps the copy of the document, with the cybersecurity information removed, available for inspection by the public under subsection (1) .\n- • omitting the cybersecurity information from the document\n- • redacting the cybersecurity information in the document","sortOrder":638},{"sectionNumber":"sec.575A","sectionType":"section","heading":"Documents service providers must publish","content":"### sec.575A Documents service providers must publish\n\nA service provider must publish each of its documents mentioned in section 575 (1) , other than the following, unless the provider has a reasonable excuse—\ndrinking water quality management plans;\ndrinking water quality management plan audit reports;\nperformance audit reports.\nMaximum penalty—50 penalty units.\nWithout limiting subsection (1) , a service provider complies with that subsection, in relation to a document, if the provider—\nconsiders that information in the document is cybersecurity information; and\nremoves the cybersecurity information from the document; and\nomitting the cybersecurity information from the document\nredacting the cybersecurity information in the document\npublishes the document with the cybersecurity information removed.\ns 575A ins 2014 No. 16 s 94\namd 2021 No. 18 s 19\n(sec.575A-ssec.1) A service provider must publish each of its documents mentioned in section 575 (1) , other than the following, unless the provider has a reasonable excuse— drinking water quality management plans; drinking water quality management plan audit reports; performance audit reports. Maximum penalty—50 penalty units.\n(sec.575A-ssec.2) Without limiting subsection (1) , a service provider complies with that subsection, in relation to a document, if the provider— considers that information in the document is cybersecurity information; and removes the cybersecurity information from the document; and omitting the cybersecurity information from the document redacting the cybersecurity information in the document publishes the document with the cybersecurity information removed.\n- (a) drinking water quality management plans;\n- (b) drinking water quality management plan audit reports;\n- (c) performance audit reports.\n- (a) considers that information in the document is cybersecurity information; and\n- (b) removes the cybersecurity information from the document; and Examples of ways cybersecurity information may be removed from a document— • omitting the cybersecurity information from the document • redacting the cybersecurity information in the document\n- • omitting the cybersecurity information from the document\n- • redacting the cybersecurity information in the document\n- (c) publishes the document with the cybersecurity information removed.\n- • omitting the cybersecurity information from the document\n- • redacting the cybersecurity information in the document","sortOrder":639},{"sectionNumber":"sec.576","sectionType":"section","heading":"Documents recycled water provider and scheme managers must keep available for inspection and purchase","content":"### sec.576 Documents recycled water provider and scheme managers must keep available for inspection and purchase\n\nThe relevant entity for a recycled water scheme must keep a copy of the following documents available for inspection by the public during office hours on business days at the office of the entity—\nthe entity’s approved recycled water management plan;\neach regular audit report prepared by the entity under section 261 ;\neach annual report prepared by the entity under section 273 .\nThe relevant entity may also keep a copy of a document mentioned in subsection (1) available for inspection by the public at other places the entity considers appropriate.\nA person may, on payment of a fee decided by the relevant entity, obtain a copy of a document available for inspection under this section.\nThe fee decided by the relevant entity must not be more than the reasonable cost of providing the copy.\ns 576 amd 2010 No. 20 s 173 ; 2014 No. 16 s 95\n(sec.576-ssec.1) The relevant entity for a recycled water scheme must keep a copy of the following documents available for inspection by the public during office hours on business days at the office of the entity— the entity’s approved recycled water management plan; each regular audit report prepared by the entity under section 261 ; each annual report prepared by the entity under section 273 .\n(sec.576-ssec.2) The relevant entity may also keep a copy of a document mentioned in subsection (1) available for inspection by the public at other places the entity considers appropriate.\n(sec.576-ssec.3) A person may, on payment of a fee decided by the relevant entity, obtain a copy of a document available for inspection under this section.\n(sec.576-ssec.4) The fee decided by the relevant entity must not be more than the reasonable cost of providing the copy.\n- (a) the entity’s approved recycled water management plan;\n- (b) each regular audit report prepared by the entity under section 261 ;\n- (c) each annual report prepared by the entity under section 273 .","sortOrder":640},{"sectionNumber":"sec.576A","sectionType":"section","heading":"Documents recycled water provider and scheme managers must publish","content":"### sec.576A Documents recycled water provider and scheme managers must publish\n\nThe relevant entity for a recycled water scheme must publish the annual report prepared by the entity under section 273 , unless the entity has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 576A ins 2014 No. 16 s 96","sortOrder":641},{"sectionNumber":"sec.577","sectionType":"section","heading":"Records to be kept in registries","content":"### sec.577 Records to be kept in registries\n\nIf the chief executive gives an owner or operator of a dam a notice under section 359 (1) , the chief executive must give the registrar of titles a copy of the notice.\nThe registrar of titles must record the notice in a way that a search of the register kept by the registrar under any Act relating to the land mentioned in section 359 (1) will show that—\na notice has been given under section 359 (1) for the land; and\nparticulars of the notice may be obtained from the chief executive.\nIf the chief executive is satisfied the notice has been complied with or is no longer required, the chief executive must ask the registrar of titles to remove the notice from the register.\nIf the registrar of titles receives a request under section 361 , the registrar must register, release or vary the charge according to the request.\n(sec.577-ssec.1) If the chief executive gives an owner or operator of a dam a notice under section 359 (1) , the chief executive must give the registrar of titles a copy of the notice.\n(sec.577-ssec.2) The registrar of titles must record the notice in a way that a search of the register kept by the registrar under any Act relating to the land mentioned in section 359 (1) will show that— a notice has been given under section 359 (1) for the land; and particulars of the notice may be obtained from the chief executive.\n(sec.577-ssec.3) If the chief executive is satisfied the notice has been complied with or is no longer required, the chief executive must ask the registrar of titles to remove the notice from the register.\n(sec.577-ssec.4) If the registrar of titles receives a request under section 361 , the registrar must register, release or vary the charge according to the request.\n- (a) a notice has been given under section 359 (1) for the land; and\n- (b) particulars of the notice may be obtained from the chief executive.","sortOrder":642},{"sectionNumber":"sec.578","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.578 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\nthe regulator; or\nan authorised officer; or\na member of an advisory council; or\na person acting under the direction of a person mentioned in paragraph (a) , (b) , (c) or (d) .\n(sec.578-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.578-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.578-ssec.3) In this section— official means— the Minister; or the chief executive; or the regulator; or an authorised officer; or a member of an advisory council; or a person acting under the direction of a person mentioned in paragraph (a) , (b) , (c) or (d) .\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) the regulator; or\n- (d) an authorised officer; or\n- (e) a member of an advisory council; or\n- (f) a person acting under the direction of a person mentioned in paragraph (a) , (b) , (c) or (d) .","sortOrder":643},{"sectionNumber":"sec.578A","sectionType":"section","heading":"Chief executive may prepare and publish comparative reports","content":"### sec.578A Chief executive may prepare and publish comparative reports\n\nThe chief executive may prepare and publish a report (a comparative report ) about 2 or more relevant service providers that includes the following information about the providers—\ncompliance actions;\ninvestigations;\nprogress on any improvement plans;\ndata in a drinking water service annual report or performance report.\nThe chief executive may use the information mentioned in subsection (1) and any other information to analyse performance of the providers and prepare the comparative report.\nThe information used by the chief executive, a summary of the information or the chief executive’s analysis may be included in the comparative report.\ns 578A ins 2014 No. 16 s 97\namd 2023 No. 24 s 75 s ch 1 pt 1\n(sec.578A-ssec.1) The chief executive may prepare and publish a report (a comparative report ) about 2 or more relevant service providers that includes the following information about the providers— compliance actions; investigations; progress on any improvement plans; data in a drinking water service annual report or performance report.\n(sec.578A-ssec.2) The chief executive may use the information mentioned in subsection (1) and any other information to analyse performance of the providers and prepare the comparative report.\n(sec.578A-ssec.3) The information used by the chief executive, a summary of the information or the chief executive’s analysis may be included in the comparative report.\n- (a) compliance actions;\n- (b) investigations;\n- (c) progress on any improvement plans;\n- (d) data in a drinking water service annual report or performance report.","sortOrder":644},{"sectionNumber":"sec.578B","sectionType":"section","heading":"The chief executive may share information in particular reports etc.","content":"### sec.578B The chief executive may share information in particular reports etc.\n\nThe chief executive may give a copy of any of the following to any person—\na drinking water service annual report;\na performance report;\na report about an investigation under chapter 5 ;\ninformation contained in a relevant service provider’s improvement plan.\ns 578B ins 2014 No. 16 s 97\namd 2023 No. 24 s 75 s ch 1 pt 1\n- (a) a drinking water service annual report;\n- (b) a performance report;\n- (c) a report about an investigation under chapter 5 ;\n- (d) information contained in a relevant service provider’s improvement plan.","sortOrder":645},{"sectionNumber":"sec.578C","sectionType":"section","heading":"Publishing under this Act","content":"### sec.578C Publishing under this Act\n\nThis section applies if—\na provision of this Act requires or allows an entity to publish information in a notice or other document; and\nthe provision does not require the entity to publish the document in a particular way.\nThe entity must publish the document—\nif the document is a notice and the entity is the Minister or the chief executive—on a Queensland Government website; or\nif the document is a notice and the entity is not the Minister or the chief executive—on the entity’s website; or\nif the document is not a notice—on the internet, free of charge.\nSubsection (2) does not prevent the entity from also publishing the document in other ways.\ns 578C ins 2023 No. 24 s 72\n(sec.578C-ssec.1) This section applies if— a provision of this Act requires or allows an entity to publish information in a notice or other document; and the provision does not require the entity to publish the document in a particular way.\n(sec.578C-ssec.2) The entity must publish the document— if the document is a notice and the entity is the Minister or the chief executive—on a Queensland Government website; or if the document is a notice and the entity is not the Minister or the chief executive—on the entity’s website; or if the document is not a notice—on the internet, free of charge.\n(sec.578C-ssec.3) Subsection (2) does not prevent the entity from also publishing the document in other ways.\n- (a) a provision of this Act requires or allows an entity to publish information in a notice or other document; and\n- (b) the provision does not require the entity to publish the document in a particular way.\n- (a) if the document is a notice and the entity is the Minister or the chief executive—on a Queensland Government website; or\n- (b) if the document is a notice and the entity is not the Minister or the chief executive—on the entity’s website; or\n- (c) if the document is not a notice—on the internet, free of charge.","sortOrder":646},{"sectionNumber":"sec.579","sectionType":"section","heading":"Regulator may share particular information","content":"### sec.579 Regulator may share particular information\n\nThe regulator may give the following information to any person or entity to prevent or minimise a risk or potential risk to public health—\ninformation about a responsible entity, including information identifying an individual;\ninformation about a drinking water service or recycled water scheme.\nThe regulator may give information about water quality to—\na service provider; or\nan employee of the health department.\nIn this section—\nresponsible entity means—\na drinking water service provider; or\na recycled water provider or other declared entity for a recycled water scheme; or\nthe scheme manager for a multiple-entity recycled water scheme.\ns 579 amd 2009 No. 46 s 149 ; 2010 No. 20 s 174 ; 2010 No. 53 s 233 ; 2012 No. 39 s 100 ; 2014 No. 31 s 41\n(sec.579-ssec.1) The regulator may give the following information to any person or entity to prevent or minimise a risk or potential risk to public health— information about a responsible entity, including information identifying an individual; information about a drinking water service or recycled water scheme.\n(sec.579-ssec.2) The regulator may give information about water quality to— a service provider; or an employee of the health department.\n(sec.579-ssec.3) In this section— responsible entity means— a drinking water service provider; or a recycled water provider or other declared entity for a recycled water scheme; or the scheme manager for a multiple-entity recycled water scheme.\n- (a) information about a responsible entity, including information identifying an individual;\n- (b) information about a drinking water service or recycled water scheme.\n- (a) a service provider; or\n- (b) an employee of the health department.\n- (a) a drinking water service provider; or\n- (b) a recycled water provider or other declared entity for a recycled water scheme; or\n- (c) the scheme manager for a multiple-entity recycled water scheme.","sortOrder":647},{"sectionNumber":"sec.579A","sectionType":"section","heading":"Chief executive may share particular information","content":"### sec.579A Chief executive may share particular information\n\nThe chief executive may give relevant information to a local government or a prescribed entity for the purpose of helping the local government or entity deal with an emergency situation or respond to a matter affecting public health or safety.\nIn this section—\nprescribed entity means an entity the functions of which include managing, or carrying out activities in response to, emergency situations in the State.\nthe Queensland Police Service\na disaster management group under the Disaster Management Act 2003\nthe State Emergency Service under the State Emergency Service Act 2024\nrelevant information means information in the chief executive’s possession about a dam in the State, including, for example—\nthe name of the owner of the dam; and\nthe dam’s location and storage capacity; and\nthe location and contact details of persons at risk if the dam were to fail.\ns 579A ins 2010 No. 20 s 175\namd 2014 No. 17 s 184 sch 1 pt 4 ; 2024 No. 18 s 39 sch 1\n(sec.579A-ssec.1) The chief executive may give relevant information to a local government or a prescribed entity for the purpose of helping the local government or entity deal with an emergency situation or respond to a matter affecting public health or safety.\n(sec.579A-ssec.2) In this section— prescribed entity means an entity the functions of which include managing, or carrying out activities in response to, emergency situations in the State. the Queensland Police Service a disaster management group under the Disaster Management Act 2003 the State Emergency Service under the State Emergency Service Act 2024 relevant information means information in the chief executive’s possession about a dam in the State, including, for example— the name of the owner of the dam; and the dam’s location and storage capacity; and the location and contact details of persons at risk if the dam were to fail.\n- • the Queensland Police Service\n- • a disaster management group under the Disaster Management Act 2003\n- • the State Emergency Service under the State Emergency Service Act 2024\n- (a) the name of the owner of the dam; and\n- (b) the dam’s location and storage capacity; and\n- (c) the location and contact details of persons at risk if the dam were to fail.","sortOrder":648},{"sectionNumber":"sec.580","sectionType":"section","heading":"Non-disclosure of commercially sensitive information","content":"### sec.580 Non-disclosure of commercially sensitive information\n\nThis section applies if—\ninformation about a person (a client ) is received by the Minister, the chief executive or the regulator (the entity ) under section 13 or chapter 2 , part 4 , division 1 or chapter 3 ; and\nthe client who provides the information advises the entity that the information is commercially sensitive; and\nthe entity believes disclosure of the information—\nwould be likely to damage the client’s commercial activities; and\nwould not be in the public interest.\nThe entity must take all reasonable steps to ensure the information is not, without the client’s consent, disclosed to another person other than—\nan employee of the department or the health department who receives the information in the course of the employee’s duties; or\nthe chief executive of the health department, if the disclosure is for the purpose of preventing or minimising a risk, or potential risk, to public health; or\nan investigator for the purpose of an investigation; or\nthe Minister, the chief executive or the regulator.\nAn employee mentioned in subsection (2) (a) must not disclose to any person information the employee obtains under subsection (2) .\nIn this section—\ncommercially sensitive means reasonably expected to affect adversely the client’s commercial activities, if made publicly available.\ninvestigator means a person—\nengaged by the regulator under section 468 ; or\nappointed under an Act for the purpose of monitoring or enforcing that Act or another law.\ns 580 amd 2010 No. 20 s 176 ; 2014 No. 16 s 101 sch 1\n(sec.580-ssec.1) This section applies if— information about a person (a client ) is received by the Minister, the chief executive or the regulator (the entity ) under section 13 or chapter 2 , part 4 , division 1 or chapter 3 ; and the client who provides the information advises the entity that the information is commercially sensitive; and the entity believes disclosure of the information— would be likely to damage the client’s commercial activities; and would not be in the public interest.\n(sec.580-ssec.2) The entity must take all reasonable steps to ensure the information is not, without the client’s consent, disclosed to another person other than— an employee of the department or the health department who receives the information in the course of the employee’s duties; or the chief executive of the health department, if the disclosure is for the purpose of preventing or minimising a risk, or potential risk, to public health; or an investigator for the purpose of an investigation; or the Minister, the chief executive or the regulator.\n(sec.580-ssec.3) An employee mentioned in subsection (2) (a) must not disclose to any person information the employee obtains under subsection (2) .\n(sec.580-ssec.4) In this section— commercially sensitive means reasonably expected to affect adversely the client’s commercial activities, if made publicly available. investigator means a person— engaged by the regulator under section 468 ; or appointed under an Act for the purpose of monitoring or enforcing that Act or another law.\n- (a) information about a person (a client ) is received by the Minister, the chief executive or the regulator (the entity ) under section 13 or chapter 2 , part 4 , division 1 or chapter 3 ; and\n- (b) the client who provides the information advises the entity that the information is commercially sensitive; and\n- (c) the entity believes disclosure of the information— (i) would be likely to damage the client’s commercial activities; and (ii) would not be in the public interest.\n- (i) would be likely to damage the client’s commercial activities; and\n- (ii) would not be in the public interest.\n- (i) would be likely to damage the client’s commercial activities; and\n- (ii) would not be in the public interest.\n- (a) an employee of the department or the health department who receives the information in the course of the employee’s duties; or\n- (b) the chief executive of the health department, if the disclosure is for the purpose of preventing or minimising a risk, or potential risk, to public health; or\n- (c) an investigator for the purpose of an investigation; or\n- (d) the Minister, the chief executive or the regulator.\n- (a) engaged by the regulator under section 468 ; or\n- (b) appointed under an Act for the purpose of monitoring or enforcing that Act or another law.","sortOrder":649},{"sectionNumber":"sec.581","sectionType":"section","heading":"Delegation by Minister","content":"### sec.581 Delegation by Minister\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.","sortOrder":650},{"sectionNumber":"sec.582","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.582 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service officer or employee.","sortOrder":651},{"sectionNumber":"sec.583","sectionType":"section","heading":"Fees and charges payable to chief executive and regulator","content":"### sec.583 Fees and charges payable to chief executive and regulator\n\nThis section applies to a fee or charge payable under a regulation made under this Act to the chief executive or regulator.\nIf an amount of a fee or charge remains unpaid after the day stated in the regulation for payment of the fee or charge—\nthe amount is a debt payable to the State; and\nthe late fee prescribed in the regulation applies to the amount.\nThe Minister may waive all or part of a fee or charge payable by a person if the Minister is satisfied payment of the fee would cause financial hardship to the person because of the effects of—\ndrought, flood, fire or other natural disaster; or\neconomic recession.\n(sec.583-ssec.1) This section applies to a fee or charge payable under a regulation made under this Act to the chief executive or regulator.\n(sec.583-ssec.2) If an amount of a fee or charge remains unpaid after the day stated in the regulation for payment of the fee or charge— the amount is a debt payable to the State; and the late fee prescribed in the regulation applies to the amount.\n(sec.583-ssec.3) The Minister may waive all or part of a fee or charge payable by a person if the Minister is satisfied payment of the fee would cause financial hardship to the person because of the effects of— drought, flood, fire or other natural disaster; or economic recession.\n- (a) the amount is a debt payable to the State; and\n- (b) the late fee prescribed in the regulation applies to the amount.\n- (a) drought, flood, fire or other natural disaster; or\n- (b) economic recession.","sortOrder":652},{"sectionNumber":"sec.584","sectionType":"section","heading":"Non-payment of fees or charges","content":"### sec.584 Non-payment of fees or charges\n\nThis section applies if all or part of a fee or charge payable to the chief executive or regulator remains unpaid for 20 business days after the day stated in the regulation for payment of the fee or charge.\nThe chief executive or regulator may give the person who is liable to pay the fee or charge a written notice—\nstating the period to which the fee or charge relates; and\nstating the amount, including any late fee, owing at the date of the notice; and\nrequiring the person—\nto pay the amount owing; or\nto make arrangements, satisfactory to the chief executive or regulator, for payment of the amount owing.\n(sec.584-ssec.1) This section applies if all or part of a fee or charge payable to the chief executive or regulator remains unpaid for 20 business days after the day stated in the regulation for payment of the fee or charge.\n(sec.584-ssec.2) The chief executive or regulator may give the person who is liable to pay the fee or charge a written notice— stating the period to which the fee or charge relates; and stating the amount, including any late fee, owing at the date of the notice; and requiring the person— to pay the amount owing; or to make arrangements, satisfactory to the chief executive or regulator, for payment of the amount owing.\n- (a) stating the period to which the fee or charge relates; and\n- (b) stating the amount, including any late fee, owing at the date of the notice; and\n- (c) requiring the person— (i) to pay the amount owing; or (ii) to make arrangements, satisfactory to the chief executive or regulator, for payment of the amount owing.\n- (i) to pay the amount owing; or\n- (ii) to make arrangements, satisfactory to the chief executive or regulator, for payment of the amount owing.\n- (i) to pay the amount owing; or\n- (ii) to make arrangements, satisfactory to the chief executive or regulator, for payment of the amount owing.","sortOrder":653},{"sectionNumber":"sec.585","sectionType":"section","heading":"Approved forms","content":"### sec.585 Approved forms\n\nThe chief executive and the regulator may each approve forms for use under this Act.","sortOrder":654},{"sectionNumber":"sec.586","sectionType":"section","heading":"Regulation-making power","content":"### sec.586 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprescribe fees and charges payable under this Act; or\nstate the standards for the design and construction of water supply and sewerage infrastructure; or\nprescribe the experience or qualifications necessary for a person to conduct an audit under chapter 3 ; or\nprescribe the qualifications or experience necessary for particular persons engaged in—\nthe operation of a drinking water service; or\nthe production or supply of recycled water by a recycled water provider; or\nimpose a penalty of no more than 20 penalty units for contravention of a regulation.\n(sec.586-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.586-ssec.2) A regulation may— prescribe fees and charges payable under this Act; or state the standards for the design and construction of water supply and sewerage infrastructure; or prescribe the experience or qualifications necessary for a person to conduct an audit under chapter 3 ; or prescribe the qualifications or experience necessary for particular persons engaged in— the operation of a drinking water service; or the production or supply of recycled water by a recycled water provider; or impose a penalty of no more than 20 penalty units for contravention of a regulation.\n- (a) prescribe fees and charges payable under this Act; or\n- (b) state the standards for the design and construction of water supply and sewerage infrastructure; or\n- (c) prescribe the experience or qualifications necessary for a person to conduct an audit under chapter 3 ; or\n- (d) prescribe the qualifications or experience necessary for particular persons engaged in— (i) the operation of a drinking water service; or (ii) the production or supply of recycled water by a recycled water provider; or\n- (i) the operation of a drinking water service; or\n- (ii) the production or supply of recycled water by a recycled water provider; or\n- (e) impose a penalty of no more than 20 penalty units for contravention of a regulation.\n- (i) the operation of a drinking water service; or\n- (ii) the production or supply of recycled water by a recycled water provider; or","sortOrder":655},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Purposes, definitions and general approach","content":"# Purposes, definitions and general approach","sortOrder":656},{"sectionNumber":"sec.587","sectionType":"section","heading":"Main purposes of ch 9","content":"### sec.587 Main purposes of ch 9\n\nThe main purposes of this chapter are as follows—\nto provide for provisions of this Act that are substantially the same as provisions of the Water Act to be dealt with as replacements of the provisions of that Act;\nwithout limiting paragraph (a), if a matter was dealt with in the Water Act, chapter 3, by providing for something to be dealt with under that Act, to provide for the matter to be dealt with under this Act;\nto provide for matters that were not dealt with in the Water Act that are dealt with under this Act.\n- (a) to provide for provisions of this Act that are substantially the same as provisions of the Water Act to be dealt with as replacements of the provisions of that Act;\n- (b) without limiting paragraph (a), if a matter was dealt with in the Water Act, chapter 3, by providing for something to be dealt with under that Act, to provide for the matter to be dealt with under this Act;\n- (c) to provide for matters that were not dealt with in the Water Act that are dealt with under this Act.","sortOrder":657},{"sectionNumber":"sec.588","sectionType":"section","heading":"Definitions for ch 9","content":"### sec.588 Definitions for ch 9\n\nIn this chapter—\nauthorised action means an action done under a previous provision.\nauthorised document means a document made or kept under a previous provision.\ncommencement means the day this section commences.\ncorresponding provision , for a previous provision, means a provision of this Act that is substantially the same as the previous provision.\nmade includes given and issued.\nobligation includes duty.\nprevious , in relation to a stated provision that includes a number, means the provision of the Water Act with that number immediately before the commencement.\nprevious provision means a provision of the Water Act, as in force immediately before the commencement.\nprotection includes a statement that—\nthere is no liability; and\nthere is no invalidity; and\na person has an entitlement.\n- (a) there is no liability; and\n- (b) there is no invalidity; and\n- (c) a person has an entitlement.","sortOrder":658},{"sectionNumber":"sec.589","sectionType":"section","heading":"Authorised actions and documents etc. under previous provision","content":"### sec.589 Authorised actions and documents etc. under previous provision\n\nThis section applies to the following—\nan authorised action or document done, made or kept under a previous provision if the authorised action or document continued to have effect or was in force immediately before the commencement;\nan entity’s obligation under a previous provision if the obligation applied to the entity immediately before the commencement;\na protection under a previous provision that applied to an entity immediately before the commencement.\nSubject to a specific provision of this Act in relation to an authorised action or document, or obligation or protection under a previous provision, if there is a corresponding provision for the previous provision, the authorised action or document, or the obligation or protection—\ncontinues in force or to have effect according to its terms; and\nmay be taken to have been done, made, kept or applied under the corresponding provision.\nSubsection (2) does not apply to a statutory instrument that is, immediately before the commencement, subordinate legislation.\nHowever subsection (2)(b) applies whether or not the previous provision refers to the action or document, or obligation or protection by reference to a provision of the Water Act.\nOther provisions of this part include examples for this section.\nThe examples are examples under the Acts Interpretation Act 1954 , section 14D.\n(sec.589-ssec.1) This section applies to the following— an authorised action or document done, made or kept under a previous provision if the authorised action or document continued to have effect or was in force immediately before the commencement; an entity’s obligation under a previous provision if the obligation applied to the entity immediately before the commencement; a protection under a previous provision that applied to an entity immediately before the commencement.\n(sec.589-ssec.2) Subject to a specific provision of this Act in relation to an authorised action or document, or obligation or protection under a previous provision, if there is a corresponding provision for the previous provision, the authorised action or document, or the obligation or protection— continues in force or to have effect according to its terms; and may be taken to have been done, made, kept or applied under the corresponding provision.\n(sec.589-ssec.3) Subsection (2) does not apply to a statutory instrument that is, immediately before the commencement, subordinate legislation.\n(sec.589-ssec.4) However subsection (2)(b) applies whether or not the previous provision refers to the action or document, or obligation or protection by reference to a provision of the Water Act.\n(sec.589-ssec.5) Other provisions of this part include examples for this section. The examples are examples under the Acts Interpretation Act 1954 , section 14D.\n- (a) an authorised action or document done, made or kept under a previous provision if the authorised action or document continued to have effect or was in force immediately before the commencement;\n- (b) an entity’s obligation under a previous provision if the obligation applied to the entity immediately before the commencement;\n- (c) a protection under a previous provision that applied to an entity immediately before the commencement.\n- (a) continues in force or to have effect according to its terms; and\n- (b) may be taken to have been done, made, kept or applied under the corresponding provision.","sortOrder":659},{"sectionNumber":"sec.590","sectionType":"section","heading":"Things continued in force under Water Act","content":"### sec.590 Things continued in force under Water Act\n\nThis section applies to a thing ( the thing ) that happened under an Act other than the Water Act but that, under the Water Act and in particular under the Water Act, chapter 3, continued to have effect.\nIf the thing has not ended before the commencement of this section, the thing continues to have effect under this Act.\nMatters in relation to the thing are to be done under this Act unless a provision of the Water Act, chapter 3, provides otherwise and for the purpose the provision continues to have effect.\nThis section does not limit section 589 or another provision of this chapter about the thing.\n(sec.590-ssec.1) This section applies to a thing ( the thing ) that happened under an Act other than the Water Act but that, under the Water Act and in particular under the Water Act, chapter 3, continued to have effect.\n(sec.590-ssec.2) If the thing has not ended before the commencement of this section, the thing continues to have effect under this Act.\n(sec.590-ssec.3) Matters in relation to the thing are to be done under this Act unless a provision of the Water Act, chapter 3, provides otherwise and for the purpose the provision continues to have effect.\n(sec.590-ssec.4) This section does not limit section 589 or another provision of this chapter about the thing.","sortOrder":660},{"sectionNumber":"sec.591","sectionType":"section","heading":"Terminology in things mentioned in s 589(1)","content":"### sec.591 Terminology in things mentioned in s 589(1)\n\nThis section applies to a document that is—\nany of the things mentioned in section 589(1), including, for example, an authorised action or document; or\nevidence of any of the things.\nA reference in the document to the thing is to be read, if the context permits and with the necessary changes to terminology, as if the thing were done, made or kept under this Act.\nA notice given under the Water Act by the appointer to an authorised person limiting the powers of the authorised officer is to be read as if the notice limited the powers of the authorised officer under this Act.\n(sec.591-ssec.1) This section applies to a document that is— any of the things mentioned in section 589(1), including, for example, an authorised action or document; or evidence of any of the things.\n(sec.591-ssec.2) A reference in the document to the thing is to be read, if the context permits and with the necessary changes to terminology, as if the thing were done, made or kept under this Act. A notice given under the Water Act by the appointer to an authorised person limiting the powers of the authorised officer is to be read as if the notice limited the powers of the authorised officer under this Act.\n- (a) any of the things mentioned in section 589(1), including, for example, an authorised action or document; or\n- (b) evidence of any of the things.","sortOrder":661},{"sectionNumber":"sec.592","sectionType":"section","heading":"Period stated in previous provision","content":"### sec.592 Period stated in previous provision\n\nThis section applies if, in a previous provision, there is a period for doing something, and the period for doing the thing started before the commencement.\nIf there is a corresponding provision to the previous provision and both the corresponding provision and the previous provision state the same period, the period for the thing continues to have started from when the period started under the previous provision.\n(sec.592-ssec.1) This section applies if, in a previous provision, there is a period for doing something, and the period for doing the thing started before the commencement.\n(sec.592-ssec.2) If there is a corresponding provision to the previous provision and both the corresponding provision and the previous provision state the same period, the period for the thing continues to have started from when the period started under the previous provision.","sortOrder":662},{"sectionNumber":"sec.593","sectionType":"section","heading":"Period or date stated in document given under previous provision","content":"### sec.593 Period or date stated in document given under previous provision\n\nThis section applies if—\nthere was a previous provision that provided for a document to be made under it; and\nthere is a corresponding provision to the previous provision; and\nunder the previous provision and before the commencement—\na document was given to a person, whether or not the person had received the document before the commencement; or\nA notice under previous section 381 that states a period within which a person who is making an unauthorised connection to a service provider’s infrastructure must state why the service provider should not disconnect the connection.\na document was published.\na gazette notice under previous section 955(2) authorising an administrator to operate a service provider’s infrastructure for a registered service\nIf the document stated a period for doing something—\nthe stated period continues to apply for doing the thing; and\nthe period continues to have started from when the period started under the previous provision.\nIf the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n(sec.593-ssec.1) This section applies if— there was a previous provision that provided for a document to be made under it; and there is a corresponding provision to the previous provision; and under the previous provision and before the commencement— a document was given to a person, whether or not the person had received the document before the commencement; or A notice under previous section 381 that states a period within which a person who is making an unauthorised connection to a service provider’s infrastructure must state why the service provider should not disconnect the connection. a document was published. a gazette notice under previous section 955(2) authorising an administrator to operate a service provider’s infrastructure for a registered service\n(sec.593-ssec.2) If the document stated a period for doing something— the stated period continues to apply for doing the thing; and the period continues to have started from when the period started under the previous provision.\n(sec.593-ssec.3) If the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.\n- (a) there was a previous provision that provided for a document to be made under it; and\n- (b) there is a corresponding provision to the previous provision; and\n- (c) under the previous provision and before the commencement— (i) a document was given to a person, whether or not the person had received the document before the commencement; or Example for subparagraph (i)— A notice under previous section 381 that states a period within which a person who is making an unauthorised connection to a service provider’s infrastructure must state why the service provider should not disconnect the connection. (ii) a document was published. Example for subparagraph (ii)— a gazette notice under previous section 955(2) authorising an administrator to operate a service provider’s infrastructure for a registered service\n- (i) a document was given to a person, whether or not the person had received the document before the commencement; or Example for subparagraph (i)— A notice under previous section 381 that states a period within which a person who is making an unauthorised connection to a service provider’s infrastructure must state why the service provider should not disconnect the connection.\n- (ii) a document was published. Example for subparagraph (ii)— a gazette notice under previous section 955(2) authorising an administrator to operate a service provider’s infrastructure for a registered service\n- (i) a document was given to a person, whether or not the person had received the document before the commencement; or Example for subparagraph (i)— A notice under previous section 381 that states a period within which a person who is making an unauthorised connection to a service provider’s infrastructure must state why the service provider should not disconnect the connection.\n- (ii) a document was published. Example for subparagraph (ii)— a gazette notice under previous section 955(2) authorising an administrator to operate a service provider’s infrastructure for a registered service\n- (a) the stated period continues to apply for doing the thing; and\n- (b) the period continues to have started from when the period started under the previous provision.","sortOrder":663},{"sectionNumber":"sec.594","sectionType":"section","heading":"Act or omission happening before commencement may be relevant to proceeding for particular acts or omissions","content":"### sec.594 Act or omission happening before commencement may be relevant to proceeding for particular acts or omissions\n\nAn act or omission that happened before the commencement of this section may be relevant to a proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.\nThis section does not limit the Acts Interpretation Act 1954 , section 20C.\nIn this section—\ncontravention includes an alleged contravention.\n(sec.594-ssec.1) An act or omission that happened before the commencement of this section may be relevant to a proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.\n(sec.594-ssec.2) This section does not limit the Acts Interpretation Act 1954 , section 20C.\n(sec.594-ssec.3) In this section— contravention includes an alleged contravention.","sortOrder":664},{"sectionNumber":"sec.595","sectionType":"section","heading":"Acts Interpretation Act 1954, s 20 not limited","content":"### sec.595 Acts Interpretation Act 1954, s 20 not limited\n\nThis chapter does not limit the Acts Interpretation Act 1954, section 20.","sortOrder":665},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Transitional provisions relating to particular provisions of the Water Act","content":"# Transitional provisions relating to particular provisions of the Water Act","sortOrder":666},{"sectionNumber":"ch.9-pt.2-div.1","sectionType":"division","heading":"Transitional provisions relating to the Water Act, chapter 3","content":"## Transitional provisions relating to the Water Act, chapter 3","sortOrder":667},{"sectionNumber":"sec.596","sectionType":"section","heading":"Examples for ch 2 of things under s 589","content":"### sec.596 Examples for ch 2 of things under s 589\n\nFor the operation of chapter 2, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 3—\nan application to the regulator under a previous provision, including, for example, the following—\nan application under previous section 371 for registration as a service provider;\nan application under previous section 373 to amend a service provider’s details of registration in the service provider register;\nan application under previous section 376B to have a service provider’s registration cancelled;\nthe registration by the regulator under previous section 372 of a service provider;\na notice under a previous provision, including, for example, the following—\na notice under previous section 374 of a proposed transfer of ownership of a service provider’s infrastructure;\na notice under previous section 376 of a possible stoppage of the supply of a service provider’s registered service;\na notice under previous section 378 of a change of a service provider’s registration details;\na notice given under previous section 381 asking a person to state why the service provider should not disconnect an unauthorised connection to the service provider’s infrastructure;\na notice under previous section 382 to do particular work in relation to a service provider’s infrastructure;\nthe installation of a meter under previous section 383;\nthe imposition of a service provider water restriction under previous section 388;\nan extension of time under previous section 402(5) or 491(5);\na report under previous section 404;\na show cause notice under a previous provision, including, for example, a show cause notice under previous section 419(2) or 471(2);\na submission made in relation to a show cause notice;\nan information notice under a previous provision;\nprevious sections 412(2), 414F(3), 414H(3), 414J(3), 414K(2), 419(6), 427(6), 429F(5), 429G(3), 436(1) or (5), 437(3) and 471(4) or (8)\na register of service providers under previous section 516.\n- (a) an application to the regulator under a previous provision, including, for example, the following— (i) an application under previous section 371 for registration as a service provider; (ii) an application under previous section 373 to amend a service provider’s details of registration in the service provider register; (iii) an application under previous section 376B to have a service provider’s registration cancelled;\n- (i) an application under previous section 371 for registration as a service provider;\n- (ii) an application under previous section 373 to amend a service provider’s details of registration in the service provider register;\n- (iii) an application under previous section 376B to have a service provider’s registration cancelled;\n- (b) the registration by the regulator under previous section 372 of a service provider;\n- (c) a notice under a previous provision, including, for example, the following— (i) a notice under previous section 374 of a proposed transfer of ownership of a service provider’s infrastructure; (ii) a notice under previous section 376 of a possible stoppage of the supply of a service provider’s registered service; (iii) a notice under previous section 378 of a change of a service provider’s registration details; (iv) a notice given under previous section 381 asking a person to state why the service provider should not disconnect an unauthorised connection to the service provider’s infrastructure; (v) a notice under previous section 382 to do particular work in relation to a service provider’s infrastructure;\n- (i) a notice under previous section 374 of a proposed transfer of ownership of a service provider’s infrastructure;\n- (ii) a notice under previous section 376 of a possible stoppage of the supply of a service provider’s registered service;\n- (iii) a notice under previous section 378 of a change of a service provider’s registration details;\n- (iv) a notice given under previous section 381 asking a person to state why the service provider should not disconnect an unauthorised connection to the service provider’s infrastructure;\n- (v) a notice under previous section 382 to do particular work in relation to a service provider’s infrastructure;\n- (d) the installation of a meter under previous section 383;\n- (e) the imposition of a service provider water restriction under previous section 388;\n- (f) an extension of time under previous section 402(5) or 491(5);\n- (g) a report under previous section 404;\n- (h) a show cause notice under a previous provision, including, for example, a show cause notice under previous section 419(2) or 471(2);\n- (i) a submission made in relation to a show cause notice;\n- (j) an information notice under a previous provision; Examples— previous sections 412(2), 414F(3), 414H(3), 414J(3), 414K(2), 419(6), 427(6), 429F(5), 429G(3), 436(1) or (5), 437(3) and 471(4) or (8)\n- (k) a register of service providers under previous section 516.\n- (i) an application under previous section 371 for registration as a service provider;\n- (ii) an application under previous section 373 to amend a service provider’s details of registration in the service provider register;\n- (iii) an application under previous section 376B to have a service provider’s registration cancelled;\n- (i) a notice under previous section 374 of a proposed transfer of ownership of a service provider’s infrastructure;\n- (ii) a notice under previous section 376 of a possible stoppage of the supply of a service provider’s registered service;\n- (iii) a notice under previous section 378 of a change of a service provider’s registration details;\n- (iv) a notice given under previous section 381 asking a person to state why the service provider should not disconnect an unauthorised connection to the service provider’s infrastructure;\n- (v) a notice under previous section 382 to do particular work in relation to a service provider’s infrastructure;","sortOrder":668},{"sectionNumber":"sec.597","sectionType":"section","heading":"Examples for ch 2 of obligations under s 589","content":"### sec.597 Examples for ch 2 of obligations under s 589\n\nFor the operation of chapter 2, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 3—\nan obligation under previous section 384(2) to give notice of entry to premises;\nan obligation under previous section 385 to give notice of the particulars of damage to anything;\nan obligation to comply with a direction given under previous section 388A(3);\nan obligation to comply with an approved response under previous section 388A(6);\na requirement of a service provider under previous section 400(3);\na requirement for a service provider to arrange regular audit reports, and give the reports to the regulator, under previous section 417(1).\n- (a) an obligation under previous section 384(2) to give notice of entry to premises;\n- (b) an obligation under previous section 385 to give notice of the particulars of damage to anything;\n- (c) an obligation to comply with a direction given under previous section 388A(3);\n- (d) an obligation to comply with an approved response under previous section 388A(6);\n- (e) a requirement of a service provider under previous section 400(3);\n- (f) a requirement for a service provider to arrange regular audit reports, and give the reports to the regulator, under previous section 417(1).","sortOrder":669},{"sectionNumber":"sec.598","sectionType":"section","heading":"Examples for ch 2 of protections under s 589","content":"### sec.598 Examples for ch 2 of protections under s 589\n\nFor the operation of chapter 2, the following are examples of protections for section 589 in relation to matters dealt with under the Water Act, chapter 3—\na right for a service provider to recover a loss or costs, as a debt due to the service provider, under a previous provision;\nSee previous sections 381 and 387.\na right for a person to claim compensation under previous section 386;\nthe statement in previous section 395(1) that no liability was incurred as mentioned in that provision.\n- (a) a right for a service provider to recover a loss or costs, as a debt due to the service provider, under a previous provision; Example— See previous sections 381 and 387.\n- (b) a right for a person to claim compensation under previous section 386;\n- (c) the statement in previous section 395(1) that no liability was incurred as mentioned in that provision.","sortOrder":670},{"sectionNumber":"sec.599","sectionType":"section","heading":"Existing service providers","content":"### sec.599 Existing service providers\n\nThis section applies to a person registered under previous section 372 as a service provider, or taken to be a service provider under the Water Act, section 1060(2), for supplying a water or sewerage service immediately before the commencement.\nOn the commencement, the person is taken to be registered under chapter 2, part 3, as a service provider for supplying the service.\n(sec.599-ssec.1) This section applies to a person registered under previous section 372 as a service provider, or taken to be a service provider under the Water Act, section 1060(2), for supplying a water or sewerage service immediately before the commencement.\n(sec.599-ssec.2) On the commencement, the person is taken to be registered under chapter 2, part 3, as a service provider for supplying the service.","sortOrder":671},{"sectionNumber":"sec.600","sectionType":"section","heading":"Water efficiency management plans","content":"### sec.600 Water efficiency management plans\n\nA water efficiency management plan approved under the Water Act, chapter 3, part 2, division 7 and in force immediately before the commencement is, from the commencement, taken to be a water efficiency management plan approved under chapter 2, part 3, division 6.\nThe Water Act, section 1155 continues to apply except that a reference to the Water Act, chapter 3, part 2, division 7 is taken to be a reference to chapter 2, part 3, division 6.\n(sec.600-ssec.1) A water efficiency management plan approved under the Water Act, chapter 3, part 2, division 7 and in force immediately before the commencement is, from the commencement, taken to be a water efficiency management plan approved under chapter 2, part 3, division 6.\n(sec.600-ssec.2) The Water Act, section 1155 continues to apply except that a reference to the Water Act, chapter 3, part 2, division 7 is taken to be a reference to chapter 2, part 3, division 6.","sortOrder":672},{"sectionNumber":"sec.601","sectionType":"section","heading":"Approved strategic asset management plans","content":"### sec.601 Approved strategic asset management plans\n\nA strategic asset management plan approved under previous section 411 and in force immediately before the commencement is, from the commencement, taken to be a strategic asset management plan approved under section 74.","sortOrder":673},{"sectionNumber":"sec.602","sectionType":"section","heading":"Approved system leakage management plans","content":"### sec.602 Approved system leakage management plans\n\nA system leakage management plan approved under previous section 414I and in force immediately before the commencement is, from the commencement, taken to be a system leakage management plan approved under section 87.\nAn exemption given under previous section 414F and in force immediately before the commencement—\nis, on the commencement, taken to be an exemption given under section 84; and\napplies for the balance of the period for which it was granted under the Water Act.\nThe Water Act, section 1136F continues to apply, subject to any amendment of that section, except that a reference to section 414D is taken to be a reference to section 82.\ns 602 amd 2011 No. 8 s 120\n(sec.602-ssec.1) A system leakage management plan approved under previous section 414I and in force immediately before the commencement is, from the commencement, taken to be a system leakage management plan approved under section 87.\n(sec.602-ssec.2) An exemption given under previous section 414F and in force immediately before the commencement— is, on the commencement, taken to be an exemption given under section 84; and applies for the balance of the period for which it was granted under the Water Act.\n(sec.602-ssec.3) The Water Act, section 1136F continues to apply, subject to any amendment of that section, except that a reference to section 414D is taken to be a reference to section 82.\n- (a) is, on the commencement, taken to be an exemption given under section 84; and\n- (b) applies for the balance of the period for which it was granted under the Water Act.","sortOrder":674},{"sectionNumber":"sec.603","sectionType":"section","heading":"Audit reports","content":"### sec.603 Audit reports\n\nAn audit report given under previous section 417 to the regulator is, from the commencement, taken to be an audit report given under section 108.","sortOrder":675},{"sectionNumber":"sec.604","sectionType":"section","heading":"Customer service standard","content":"### sec.604 Customer service standard\n\nA customer service standard prepared under previous section 424 is, from the commencement, taken to be a customer service standard prepared under section 115.","sortOrder":676},{"sectionNumber":"sec.605","sectionType":"section","heading":"Drought management plan","content":"### sec.605 Drought management plan\n\nA drought management plan registered under previous section 429H and in force immediately before the commencement is, from the commencement, taken to be a drought management plan registered under section 128.\nAn exemption given under previous section 429F and not cancelled before the commencement is, from the commencement, taken to be an exemption given under section 126.\n(sec.605-ssec.1) A drought management plan registered under previous section 429H and in force immediately before the commencement is, from the commencement, taken to be a drought management plan registered under section 128.\n(sec.605-ssec.2) An exemption given under previous section 429F and not cancelled before the commencement is, from the commencement, taken to be an exemption given under section 126.","sortOrder":677},{"sectionNumber":"sec.606","sectionType":"section","heading":"Application of provision about guidelines for rate notice or account for water supply","content":"### sec.606 Application of provision about guidelines for rate notice or account for water supply\n\nThe Water Act, section 1153 continues to apply except that a reference to section 429R is taken to be a reference to section 138.","sortOrder":678},{"sectionNumber":"sec.607","sectionType":"section","heading":"Application of provision about water advices","content":"### sec.607 Application of provision about water advices\n\nThe Water Act, section 1154 continues to apply except that a reference to section 429S is taken to be a reference to section 139.","sortOrder":679},{"sectionNumber":"sec.608","sectionType":"section","heading":"Service areas","content":"### sec.608 Service areas\n\nThis section applies to a local government area, or part of a local government area, that was, immediately before the commencement, a service area under previous section 449 or the Water Act, section 1063 for a retail water service or sewerage service (the existing service area ).\nOn the commencement—\nthe existing service area is taken to be a service area declared under section 161 (the new service area ) by the local government for the local government area; and\nthe service provider for the existing service area is the service provider for the new service area.\nThe Water Act, section 1064 continues to apply except that a reference to chapter 3, part 4, divisions 3 and 4 is taken to be a reference to chapter 2, part 5, divisions 3 and 4.\n(sec.608-ssec.1) This section applies to a local government area, or part of a local government area, that was, immediately before the commencement, a service area under previous section 449 or the Water Act, section 1063 for a retail water service or sewerage service (the existing service area ).\n(sec.608-ssec.2) On the commencement— the existing service area is taken to be a service area declared under section 161 (the new service area ) by the local government for the local government area; and the service provider for the existing service area is the service provider for the new service area.\n(sec.608-ssec.3) The Water Act, section 1064 continues to apply except that a reference to chapter 3, part 4, divisions 3 and 4 is taken to be a reference to chapter 2, part 5, divisions 3 and 4.\n- (a) the existing service area is taken to be a service area declared under section 161 (the new service area ) by the local government for the local government area; and\n- (b) the service provider for the existing service area is the service provider for the new service area.","sortOrder":680},{"sectionNumber":"sec.609","sectionType":"section","heading":"Existing trade waste approvals","content":"### sec.609 Existing trade waste approvals\n\nThis section applies to each of the following approvals (a Water Act approval ), in force immediately before the commencement of this section—\na trade waste approval given under previous section 469;\nan approval taken to be a trade waste approval under the Water Act, section 1048B.\nOn the commencement—\nthe approval is taken to be a trade waste approval granted under section 180; and\nany conditions applying to the Water Act approval continue to apply.\n(sec.609-ssec.1) This section applies to each of the following approvals (a Water Act approval ), in force immediately before the commencement of this section— a trade waste approval given under previous section 469; an approval taken to be a trade waste approval under the Water Act, section 1048B.\n(sec.609-ssec.2) On the commencement— the approval is taken to be a trade waste approval granted under section 180; and any conditions applying to the Water Act approval continue to apply.\n- (a) a trade waste approval given under previous section 469;\n- (b) an approval taken to be a trade waste approval under the Water Act, section 1048B.\n- (a) the approval is taken to be a trade waste approval granted under section 180; and\n- (b) any conditions applying to the Water Act approval continue to apply.","sortOrder":681},{"sectionNumber":"sec.610","sectionType":"section","heading":"Examples for ch 4 of things under s 589","content":"### sec.610 Examples for ch 4 of things under s 589\n\nFor the operation of chapter 4, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 3—\na requirement under previous section 486 for an owner of a dam to pay the cost of preparing and certifying a failure impact assessment for the dam;\nan information notice, including an information notice under previous section 489(2), 490(2), 491(7) or 492(7);\na decision made by the chief executive, including a decision about safety conditions for a dam;\na notice given under previous section 494.\nFor the operation of chapter 4, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 3—\nan obligation under previous section 483 in relation to having a dam failure impact assessed;\nan obligation to comply with a notice given under previous section 494;\nan obligation under previous section 499 for the owner of a dam to review the flood mitigation manual for the dam.\nFor the operation of chapter 4, the following are examples of protections for section 589 in relation to matters dealt with under the Water Act, chapter 3—\nthe statement in previous section 500(1) that no liability was incurred as mentioned in that provision;\nthe statement in previous section 500(2) that no liability was incurred as mentioned in that provision.\n(sec.610-ssec.1) For the operation of chapter 4, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 3— a requirement under previous section 486 for an owner of a dam to pay the cost of preparing and certifying a failure impact assessment for the dam; an information notice, including an information notice under previous section 489(2), 490(2), 491(7) or 492(7); a decision made by the chief executive, including a decision about safety conditions for a dam; a notice given under previous section 494.\n(sec.610-ssec.2) For the operation of chapter 4, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 3— an obligation under previous section 483 in relation to having a dam failure impact assessed; an obligation to comply with a notice given under previous section 494; an obligation under previous section 499 for the owner of a dam to review the flood mitigation manual for the dam.\n(sec.610-ssec.3) For the operation of chapter 4, the following are examples of protections for section 589 in relation to matters dealt with under the Water Act, chapter 3— the statement in previous section 500(1) that no liability was incurred as mentioned in that provision; the statement in previous section 500(2) that no liability was incurred as mentioned in that provision.\n- (a) a requirement under previous section 486 for an owner of a dam to pay the cost of preparing and certifying a failure impact assessment for the dam;\n- (b) an information notice, including an information notice under previous section 489(2), 490(2), 491(7) or 492(7);\n- (c) a decision made by the chief executive, including a decision about safety conditions for a dam;\n- (d) a notice given under previous section 494.\n- (a) an obligation under previous section 483 in relation to having a dam failure impact assessed;\n- (b) an obligation to comply with a notice given under previous section 494;\n- (c) an obligation under previous section 499 for the owner of a dam to review the flood mitigation manual for the dam.\n- (a) the statement in previous section 500(1) that no liability was incurred as mentioned in that provision;\n- (b) the statement in previous section 500(2) that no liability was incurred as mentioned in that provision.","sortOrder":682},{"sectionNumber":"sec.611","sectionType":"section","heading":"Referable dams and failure impact assessment","content":"### sec.611 Referable dams and failure impact assessment\n\nThis section applies to a dam if, immediately before the commencement, the dam was a referable dam (a Water Act referable dam ) under previous section 481 or the Water Act, section 1067(5)(a), 1068(2)(a) or 1069(2)(a).\nOn the commencement, a Water Act referable dam is taken to be a referable dam under section 341.\nIf a Water Act referable dam has been failure impact assessed, within the meaning of the Water Act, the assessment is taken to be a failure impact assessment completed under chapter 4, part 1, division 2.\n(sec.611-ssec.1) This section applies to a dam if, immediately before the commencement, the dam was a referable dam (a Water Act referable dam ) under previous section 481 or the Water Act, section 1067(5)(a), 1068(2)(a) or 1069(2)(a).\n(sec.611-ssec.2) On the commencement, a Water Act referable dam is taken to be a referable dam under section 341.\n(sec.611-ssec.3) If a Water Act referable dam has been failure impact assessed, within the meaning of the Water Act, the assessment is taken to be a failure impact assessment completed under chapter 4, part 1, division 2.","sortOrder":683},{"sectionNumber":"sec.612","sectionType":"section","heading":"Hazardous dams","content":"### sec.612 Hazardous dams\n\nThis section applies to a dam that, immediately before the commencement of the Water Act, section 1065 contained hazardous waste.\nThe Water Act, section 1065(3)(c) continues to apply except that—\na reference to section 43 of the repealed Act is taken to be a reference to the repealed Water Resources Act 1989, section 43; and\na reference to the commencement is taken to be a reference to the commencement of the Water Act, section 1065.\nThe Water Act, section 1065AA continues to apply.\n(sec.612-ssec.1) This section applies to a dam that, immediately before the commencement of the Water Act, section 1065 contained hazardous waste.\n(sec.612-ssec.2) The Water Act, section 1065(3)(c) continues to apply except that— a reference to section 43 of the repealed Act is taken to be a reference to the repealed Water Resources Act 1989, section 43; and a reference to the commencement is taken to be a reference to the commencement of the Water Act, section 1065.\n(sec.612-ssec.3) The Water Act, section 1065AA continues to apply.\n- (a) a reference to section 43 of the repealed Act is taken to be a reference to the repealed Water Resources Act 1989, section 43; and\n- (b) a reference to the commencement is taken to be a reference to the commencement of the Water Act, section 1065.","sortOrder":684},{"sectionNumber":"sec.613","sectionType":"section","heading":"Approved flood mitigation manuals","content":"### sec.613 Approved flood mitigation manuals\n\nA flood mitigation manual approved under the previous section 497 and in force immediately before the commencement is, from the commencement, taken to be a flood mitigation manual approved under section 371.\nThe approval of the flood mitigation manual is for the balance of the period of approval for which the manual was approved under the Water Act.\n(sec.613-ssec.1) A flood mitigation manual approved under the previous section 497 and in force immediately before the commencement is, from the commencement, taken to be a flood mitigation manual approved under section 371.\n(sec.613-ssec.2) The approval of the flood mitigation manual is for the balance of the period of approval for which the manual was approved under the Water Act.","sortOrder":685},{"sectionNumber":"ch.9-pt.2-div.2","sectionType":"division","heading":"Transitional provisions relating to the Water Act, chapter 5","content":"## Transitional provisions relating to the Water Act, chapter 5","sortOrder":686},{"sectionNumber":"sec.614","sectionType":"section","heading":"Examples for ch 5 of things under s 589","content":"### sec.614 Examples for ch 5 of things under s 589\n\nFor the operation of chapter 5, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 5—\nthe appointment of a person as an authorised officer under previous section 739;\nan order of a court, including, for example, the following—\nan order for a person to forfeit a thing to the State under previous section 757G;\nan order for a person to comply with a document production requirement under previous section 762;\nan enforcement order under previous section 788;\na request to the commissioner of police for a written report under previous section 767.\nFor the operation of chapter 5, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 5—\na requirement under previous section 757D by an authorised officer;\na requirement under previous section 763 that a person give information to an authorised officer.\nFor the operation of chapter 5, the following are examples of protections for section 589 in relation to matters dealt with under the Water Act, chapter 5—\nthe statement in previous section 759(2) that a person does not commit an offence in the circumstances mentioned in that provision;\nthe statement in previous section 762(3) that evidence that may tend to incriminate an individual, derived from a document the individual is compelled to give, is not admissible in proceedings as mentioned in that provision;\nthe statement in previous section 763(5) that evidence that may tend to incriminate an individual, derived from a document the individual is compelled to give, is not admissible in proceedings as mentioned in that provision;\na right to claim compensation from the State under previous section 765.\nFor the operation of chapter 6, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 5—\na show cause notice under previous section 778(2), and any submission made in relation to the show cause notice;\na starting of proceedings under previous section 931.\nFor the operation of chapter 6, the statement in previous section 828(4) that an executive officer of a corporation has the defence mentioned in that provision in relation to the executive officer committing an offence under the section is an example of a protection for section 589 in relation to matters dealt with under the Water Act, chapter 5.\n(sec.614-ssec.1) For the operation of chapter 5, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 5— the appointment of a person as an authorised officer under previous section 739; an order of a court, including, for example, the following— an order for a person to forfeit a thing to the State under previous section 757G; an order for a person to comply with a document production requirement under previous section 762; an enforcement order under previous section 788; a request to the commissioner of police for a written report under previous section 767.\n(sec.614-ssec.2) For the operation of chapter 5, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 5— a requirement under previous section 757D by an authorised officer; a requirement under previous section 763 that a person give information to an authorised officer.\n(sec.614-ssec.3) For the operation of chapter 5, the following are examples of protections for section 589 in relation to matters dealt with under the Water Act, chapter 5— the statement in previous section 759(2) that a person does not commit an offence in the circumstances mentioned in that provision; the statement in previous section 762(3) that evidence that may tend to incriminate an individual, derived from a document the individual is compelled to give, is not admissible in proceedings as mentioned in that provision; the statement in previous section 763(5) that evidence that may tend to incriminate an individual, derived from a document the individual is compelled to give, is not admissible in proceedings as mentioned in that provision; a right to claim compensation from the State under previous section 765.\n(sec.614-ssec.4) For the operation of chapter 6, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 5— a show cause notice under previous section 778(2), and any submission made in relation to the show cause notice; a starting of proceedings under previous section 931.\n(sec.614-ssec.5) For the operation of chapter 6, the statement in previous section 828(4) that an executive officer of a corporation has the defence mentioned in that provision in relation to the executive officer committing an offence under the section is an example of a protection for section 589 in relation to matters dealt with under the Water Act, chapter 5.\n- (a) the appointment of a person as an authorised officer under previous section 739;\n- (b) an order of a court, including, for example, the following— (i) an order for a person to forfeit a thing to the State under previous section 757G; (ii) an order for a person to comply with a document production requirement under previous section 762; (iii) an enforcement order under previous section 788;\n- (i) an order for a person to forfeit a thing to the State under previous section 757G;\n- (ii) an order for a person to comply with a document production requirement under previous section 762;\n- (iii) an enforcement order under previous section 788;\n- (c) a request to the commissioner of police for a written report under previous section 767.\n- (i) an order for a person to forfeit a thing to the State under previous section 757G;\n- (ii) an order for a person to comply with a document production requirement under previous section 762;\n- (iii) an enforcement order under previous section 788;\n- (a) a requirement under previous section 757D by an authorised officer;\n- (b) a requirement under previous section 763 that a person give information to an authorised officer.\n- (a) the statement in previous section 759(2) that a person does not commit an offence in the circumstances mentioned in that provision;\n- (b) the statement in previous section 762(3) that evidence that may tend to incriminate an individual, derived from a document the individual is compelled to give, is not admissible in proceedings as mentioned in that provision;\n- (c) the statement in previous section 763(5) that evidence that may tend to incriminate an individual, derived from a document the individual is compelled to give, is not admissible in proceedings as mentioned in that provision;\n- (d) a right to claim compensation from the State under previous section 765.\n- (a) a show cause notice under previous section 778(2), and any submission made in relation to the show cause notice;\n- (b) a starting of proceedings under previous section 931.","sortOrder":687},{"sectionNumber":"ch.9-pt.2-div.3","sectionType":"division","heading":"Transitional provisions relating to the Water Act, chapter 6","content":"## Transitional provisions relating to the Water Act, chapter 6","sortOrder":688},{"sectionNumber":"sec.615","sectionType":"section","heading":"Examples for ch 7 of things under s 589","content":"### sec.615 Examples for ch 7 of things under s 589\n\nFor the operation of chapter 7, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 6—\nan application under previous section 862 for an internal review;\nan extension of time under previous section 863(2);\nan application for arbitration under a previous provision;\nan appeal under a previous provision;\nan application for the stay of an original decision under a previous provision;\nan extension of time under previous section 878(3);\na withdrawal of a dispute notice under previous section 893.\nFor the operation of chapter 7, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 6—\nan obligation under previous section 864(2) to review an original decision;\nan obligation under previous section 895(1) for the authority to make a written determination in an arbitration on a dispute.\nFor the operation of chapter 7, the statement in previous section 895(3) that the authority is not required to make a determination in the circumstances mentioned in the provision is an example of a protection for section 589 in relation to matters dealt with under the Water Act, chapter 6.\n(sec.615-ssec.1) For the operation of chapter 7, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 6— an application under previous section 862 for an internal review; an extension of time under previous section 863(2); an application for arbitration under a previous provision; an appeal under a previous provision; an application for the stay of an original decision under a previous provision; an extension of time under previous section 878(3); a withdrawal of a dispute notice under previous section 893.\n(sec.615-ssec.2) For the operation of chapter 7, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 6— an obligation under previous section 864(2) to review an original decision; an obligation under previous section 895(1) for the authority to make a written determination in an arbitration on a dispute.\n(sec.615-ssec.3) For the operation of chapter 7, the statement in previous section 895(3) that the authority is not required to make a determination in the circumstances mentioned in the provision is an example of a protection for section 589 in relation to matters dealt with under the Water Act, chapter 6.\n- (a) an application under previous section 862 for an internal review;\n- (b) an extension of time under previous section 863(2);\n- (c) an application for arbitration under a previous provision;\n- (d) an appeal under a previous provision;\n- (e) an application for the stay of an original decision under a previous provision;\n- (f) an extension of time under previous section 878(3);\n- (g) a withdrawal of a dispute notice under previous section 893.\n- (a) an obligation under previous section 864(2) to review an original decision;\n- (b) an obligation under previous section 895(1) for the authority to make a written determination in an arbitration on a dispute.","sortOrder":689},{"sectionNumber":"ch.9-pt.2-div.4","sectionType":"division","heading":"Transitional provisions relating to the Water Act, chapter 7","content":"## Transitional provisions relating to the Water Act, chapter 7","sortOrder":690},{"sectionNumber":"sec.616","sectionType":"section","heading":"Examples for ch 6 of things under s 589","content":"### sec.616 Examples for ch 6 of things under s 589\n\nFor the operation of chapter 6, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 7—\na certificate, under previous section 921, purportedly signed by the chief executive or regulator about a matter;\nan order of a Magistrates Court under previous section 934 in relation to a complaint.\n- (a) a certificate, under previous section 921, purportedly signed by the chief executive or regulator about a matter;\n- (b) an order of a Magistrates Court under previous section 934 in relation to a complaint.","sortOrder":691},{"sectionNumber":"ch.9-pt.2-div.5","sectionType":"division","heading":"Transitional provisions relating to the Water Act, chapter 8","content":"## Transitional provisions relating to the Water Act, chapter 8","sortOrder":692},{"sectionNumber":"sec.617","sectionType":"section","heading":"Examples for ch 8 of things under s 589","content":"### sec.617 Examples for ch 8 of things under s 589\n\nFor the operation of chapter 8, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 8—\nthe appointment of a person as an administrator under previous section 955;\nthe suspension of the registration of a service provider under previous section 957(2);\na withdrawal under previous section 958;\nthe establishment of an advisory council under previous section 1005;\na written notice under previous section 1013B.\nFor the operation of chapter 8, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 8—\nan obligation under previous section 956(3) to give the administrator and operator access to premises;\nan obligation under previous section 956(7) for the administrator to make payment as mentioned in that provision.\nFor the operation of chapter 8, the statement in previous section 1010(2) that no liability was incurred as mentioned in that provision is an example of a protection for section 589 in relation to matters dealt with under the Water Act, chapter 8.\n(sec.617-ssec.1) For the operation of chapter 8, the following are examples of authorised actions or documents for section 589 in relation to matters dealt with under the Water Act, chapter 8— the appointment of a person as an administrator under previous section 955; the suspension of the registration of a service provider under previous section 957(2); a withdrawal under previous section 958; the establishment of an advisory council under previous section 1005; a written notice under previous section 1013B.\n(sec.617-ssec.2) For the operation of chapter 8, the following are examples of obligations for section 589 in relation to matters dealt with under the Water Act, chapter 8— an obligation under previous section 956(3) to give the administrator and operator access to premises; an obligation under previous section 956(7) for the administrator to make payment as mentioned in that provision.\n(sec.617-ssec.3) For the operation of chapter 8, the statement in previous section 1010(2) that no liability was incurred as mentioned in that provision is an example of a protection for section 589 in relation to matters dealt with under the Water Act, chapter 8.\n- (a) the appointment of a person as an administrator under previous section 955;\n- (b) the suspension of the registration of a service provider under previous section 957(2);\n- (c) a withdrawal under previous section 958;\n- (d) the establishment of an advisory council under previous section 1005;\n- (e) a written notice under previous section 1013B.\n- (a) an obligation under previous section 956(3) to give the administrator and operator access to premises;\n- (b) an obligation under previous section 956(7) for the administrator to make payment as mentioned in that provision.","sortOrder":693},{"sectionNumber":"ch.9-pt.2-div.6","sectionType":"division","heading":"Transitional provisions relating to the Water Act—general matters","content":"## Transitional provisions relating to the Water Act—general matters","sortOrder":694},{"sectionNumber":"sec.618","sectionType":"section","heading":"Existing applications","content":"### sec.618 Existing applications\n\nAn application made under a previous provision and not decided on the commencement must be decided under the corresponding provision for the previous provision.","sortOrder":695},{"sectionNumber":"sec.619","sectionType":"section","heading":"Existing exemptions","content":"### sec.619 Existing exemptions\n\nIf, immediately before the commencement, a person was exempted from a previous provision, the person is taken to be exempted from the corresponding provision for the previous provision.","sortOrder":696},{"sectionNumber":"sec.620","sectionType":"section","heading":"Existing authorised officers","content":"### sec.620 Existing authorised officers\n\nA person who held an appointment as an authorised officer under a previous provision immediately before the commencement is taken to be appointed as an authorised officer under the corresponding provision for the previous provision.","sortOrder":697},{"sectionNumber":"sec.621","sectionType":"section","heading":"Guidelines","content":"### sec.621 Guidelines\n\nAny guidelines issued under the Water Act by the regulator under the Water Act, the chief executive or a service provider under the Water Act in relation to a previous provision and in force immediately before the commencement are, from the commencement, taken to be guidelines made by the regulator under this Act, the chief executive or a service provider under this Act for the corresponding provision for the previous provision.","sortOrder":698},{"sectionNumber":"sec.622","sectionType":"section","heading":"Internal review","content":"### sec.622 Internal review\n\nIf a person had, under previous section 863, applied for an internal review of an original decision made under the Water Act, chapter 3, and the review decision had not been made before the commencement, the review decision may be made under previous section 864.\nIf a person could have applied under previous section 863 for an internal review of an original decision made under the Water Act, chapter 3, and the person had not applied before the commencement, the person may apply for an internal review of the original decision under previous section 863.\n(sec.622-ssec.1) If a person had, under previous section 863, applied for an internal review of an original decision made under the Water Act, chapter 3, and the review decision had not been made before the commencement, the review decision may be made under previous section 864.\n(sec.622-ssec.2) If a person could have applied under previous section 863 for an internal review of an original decision made under the Water Act, chapter 3, and the person had not applied before the commencement, the person may apply for an internal review of the original decision under previous section 863.","sortOrder":699},{"sectionNumber":"sec.623","sectionType":"section","heading":"Appeals","content":"### sec.623 Appeals\n\nSubsection (2) applies if—\na person had appealed to a court under a previous provision before the commencement against a review decision in relation to a matter arising under the Water Act, chapter 3; and\nthe appeal had not been decided before the commencement.\nThe court may hear, or continue to hear, and decide the appeal under the previous provision.\nSubsection (4) applies if—\na person could have appealed to a court under a previous provision before the commencement against a review decision in relation to a matter arising under Water Act, chapter 3; and\nthe person had not appealed before the commencement.\nThe person may appeal under the previous provision.\n(sec.623-ssec.1) Subsection (2) applies if— a person had appealed to a court under a previous provision before the commencement against a review decision in relation to a matter arising under the Water Act, chapter 3; and the appeal had not been decided before the commencement.\n(sec.623-ssec.2) The court may hear, or continue to hear, and decide the appeal under the previous provision.\n(sec.623-ssec.3) Subsection (4) applies if— a person could have appealed to a court under a previous provision before the commencement against a review decision in relation to a matter arising under Water Act, chapter 3; and the person had not appealed before the commencement.\n(sec.623-ssec.4) The person may appeal under the previous provision.\n- (a) a person had appealed to a court under a previous provision before the commencement against a review decision in relation to a matter arising under the Water Act, chapter 3; and\n- (b) the appeal had not been decided before the commencement.\n- (a) a person could have appealed to a court under a previous provision before the commencement against a review decision in relation to a matter arising under Water Act, chapter 3; and\n- (b) the person had not appealed before the commencement.","sortOrder":700},{"sectionNumber":"sec.624","sectionType":"section","heading":"Arbitration","content":"### sec.624 Arbitration\n\nIf a person had applied for arbitration of a review decision in relation to a matter arising under the Water Act, chapter 3, and the arbitration had started, but not finished, under a previous provision before the commencement, the arbitration may be finished under the previous provision.\nIf a person could, under a previous provision, have applied for arbitration of a review decision in relation to a matter arising under the Water Act, chapter 3, and the person had not applied before the commencement, the person may apply under the previous provision for arbitration of the review decision.\n(sec.624-ssec.1) If a person had applied for arbitration of a review decision in relation to a matter arising under the Water Act, chapter 3, and the arbitration had started, but not finished, under a previous provision before the commencement, the arbitration may be finished under the previous provision.\n(sec.624-ssec.2) If a person could, under a previous provision, have applied for arbitration of a review decision in relation to a matter arising under the Water Act, chapter 3, and the person had not applied before the commencement, the person may apply under the previous provision for arbitration of the review decision.","sortOrder":701},{"sectionNumber":"sec.625","sectionType":"section","heading":"Legal proceedings","content":"### sec.625 Legal proceedings\n\nA legal proceeding that could, immediately before the commencement, have been started or continued under a previous provision by or against the Attorney-General or a service provider under the Water Act may, from the commencement, be started or continued under the previous provision by or against the Attorney-General or the service provider.\nA legal proceeding that could, immediately before the commencement, have been started or continued under a previous provision by or against the regulator under the Water Act may, from the commencement, be started or continued under the previous provision by or against the regulator under this Act.\n(sec.625-ssec.1) A legal proceeding that could, immediately before the commencement, have been started or continued under a previous provision by or against the Attorney-General or a service provider under the Water Act may, from the commencement, be started or continued under the previous provision by or against the Attorney-General or the service provider.\n(sec.625-ssec.2) A legal proceeding that could, immediately before the commencement, have been started or continued under a previous provision by or against the regulator under the Water Act may, from the commencement, be started or continued under the previous provision by or against the regulator under this Act.","sortOrder":702},{"sectionNumber":"sec.626","sectionType":"section","heading":"References in Acts and documents","content":"### sec.626 References in Acts and documents\n\nA reference in an Act or document to a previous provision may, if the context permits, be taken as a reference to the corresponding provision of the previous provision.\nA reference in an Act or document to the Water Resources Act 1989 , the Water Act 1926 or the Rights in Water and Water Conservation and Utilization Act 1910 may, if the context permits, be taken to be a reference to this Act.\n(sec.626-ssec.1) A reference in an Act or document to a previous provision may, if the context permits, be taken as a reference to the corresponding provision of the previous provision.\n(sec.626-ssec.2) A reference in an Act or document to the Water Resources Act 1989 , the Water Act 1926 or the Rights in Water and Water Conservation and Utilization Act 1910 may, if the context permits, be taken to be a reference to this Act.","sortOrder":703},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Transitional provisions about outdoor water use conservation plans","content":"# Transitional provisions about outdoor water use conservation plans","sortOrder":704},{"sectionNumber":"sec.627","sectionType":"section","heading":"Application of provision about outdoor water use conservation plan","content":"### sec.627 Application of provision about outdoor water use conservation plan\n\nSection 133 does not apply to a person, registered as a water service provider immediately before the commencement of this section, until 2 years after the commencement.\nSection 133 does not apply to a person, registered as a water service provider after the commencement of this section, until 2 years after the provider’s registration.\n(sec.627-ssec.1) Section 133 does not apply to a person, registered as a water service provider immediately before the commencement of this section, until 2 years after the commencement.\n(sec.627-ssec.2) Section 133 does not apply to a person, registered as a water service provider after the commencement of this section, until 2 years after the provider’s registration.","sortOrder":705},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Transitional provisions about drinking water","content":"# Transitional provisions about drinking water","sortOrder":706},{"sectionNumber":"sec.628","sectionType":"section","heading":"Application of particular provision","content":"### sec.628 Application of particular provision\n\nSection 92 does not apply to a large drinking water service provider in relation to the carrying out of an existing drinking water service by the provider until—\nif the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or\notherwise—1 July 2011.\nSection 92 does not apply to a medium drinking water service provider in relation to the carrying out of an existing drinking water service by the provider until—\nif the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or\notherwise—1 July 2012.\nSection 92 does not apply to a small drinking water service provider in relation to the carrying out of an existing drinking water service by the provider until—\nif the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or\notherwise—1 July 2013.\nSection 92 does not apply to an entity that becomes a drinking water service provider after 1 July 2008 until 1 year after the day the entity becomes a drinking water service provider.\nSubsections (1) to (4) do not apply to a drinking water service provider if the drinking water service carried out by the provider is—\nwater collection in a water storage, if the water in the storage—\nincludes recycled water; and\nis used to augment a drinking water supply; or\nthe treatment of water intended for drinking that is sourced from a water storage, or water released from a water storage, mentioned in paragraph (a).\nIn this section—\nexisting drinking water service means a drinking water service the drinking water service provider was carrying out immediately before 1 July 2008.\nlarge drinking water service provider means a drinking water service provider that is a large service provider.\nmedium drinking water service provider means a drinking water service provider that is a medium service provider.\nsmall drinking water service provider means a drinking water service provider that is a small service provider.\ns 628 amd 2010 No. 53 s 234 ; 2014 No. 31 s 42\n(sec.628-ssec.1) Section 92 does not apply to a large drinking water service provider in relation to the carrying out of an existing drinking water service by the provider until— if the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or otherwise—1 July 2011.\n(sec.628-ssec.2) Section 92 does not apply to a medium drinking water service provider in relation to the carrying out of an existing drinking water service by the provider until— if the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or otherwise—1 July 2012.\n(sec.628-ssec.3) Section 92 does not apply to a small drinking water service provider in relation to the carrying out of an existing drinking water service by the provider until— if the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or otherwise—1 July 2013.\n(sec.628-ssec.4) Section 92 does not apply to an entity that becomes a drinking water service provider after 1 July 2008 until 1 year after the day the entity becomes a drinking water service provider.\n(sec.628-ssec.5) Subsections (1) to (4) do not apply to a drinking water service provider if the drinking water service carried out by the provider is— water collection in a water storage, if the water in the storage— includes recycled water; and is used to augment a drinking water supply; or the treatment of water intended for drinking that is sourced from a water storage, or water released from a water storage, mentioned in paragraph (a).\n(sec.628-ssec.6) In this section— existing drinking water service means a drinking water service the drinking water service provider was carrying out immediately before 1 July 2008. large drinking water service provider means a drinking water service provider that is a large service provider. medium drinking water service provider means a drinking water service provider that is a medium service provider. small drinking water service provider means a drinking water service provider that is a small service provider.\n- (a) if the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or\n- (b) otherwise—1 July 2011.\n- (a) if the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or\n- (b) otherwise—1 July 2012.\n- (a) if the provider is given a notice under section 629—the day the period mentioned in section 629(3) ends; or\n- (b) otherwise—1 July 2013.\n- (a) water collection in a water storage, if the water in the storage— (i) includes recycled water; and (ii) is used to augment a drinking water supply; or\n- (i) includes recycled water; and\n- (ii) is used to augment a drinking water supply; or\n- (b) the treatment of water intended for drinking that is sourced from a water storage, or water released from a water storage, mentioned in paragraph (a).\n- (i) includes recycled water; and\n- (ii) is used to augment a drinking water supply; or","sortOrder":707},{"sectionNumber":"sec.629","sectionType":"section","heading":"Notice requiring entity to have approved drinking water quality management plan","content":"### sec.629 Notice requiring entity to have approved drinking water quality management plan\n\nThis section applies in relation to a drinking water service provider to which section 92 does not apply because of the operation of section 628 if the regulator is satisfied, or reasonably believes, the continued operation of the provider’s drinking water service may have an adverse effect on public health.\nThe regulator may, by notice given to the drinking water service provider, require the provider to prepare a drinking water quality management plan for the provider’s drinking water service for approval by the regulator.\nThe notice must state the reasonable period within which there must be an approved drinking water quality management plan for the provider’s drinking water service.\ns 629 amd 2009 No. 46 s 150\n(sec.629-ssec.1) This section applies in relation to a drinking water service provider to which section 92 does not apply because of the operation of section 628 if the regulator is satisfied, or reasonably believes, the continued operation of the provider’s drinking water service may have an adverse effect on public health.\n(sec.629-ssec.2) The regulator may, by notice given to the drinking water service provider, require the provider to prepare a drinking water quality management plan for the provider’s drinking water service for approval by the regulator.\n(sec.629-ssec.3) The notice must state the reasonable period within which there must be an approved drinking water quality management plan for the provider’s drinking water service.","sortOrder":708},{"sectionNumber":"sec.630","sectionType":"section","heading":"Provision about water quality monitoring and reporting","content":"### sec.630 Provision about water quality monitoring and reporting\n\nThis section applies to a drinking water service provider if, under section 628, section 92 does not apply to the provider.\nThe regulator may, by notice given to the drinking water service provider, require the provider to do any of the following—\nto carry out monitoring, described in the notice, of the quality of water supplied to or from the provider’s drinking water service;\nto give the regulator reports, at the intervals stated in the notice, about the results of the monitoring mentioned in paragraph (a);\nto give the regulator other reports about the operation of the drinking water service, including, for example, reports about whether the quality of water supplied to or from the provider’s drinking water service is consistent with the water quality criteria for drinking water.\nThe notice may require the drinking water service provider to do a thing mentioned in subsection (2) only—\nafter 1 January 2009; and\nuntil the provider has an approved drinking water quality management plan for the provider’s drinking water service.\nThe drinking water service provider must comply with the notice, unless the provider has a reasonable excuse.\nMaximum penalty for subsection (4)—500 penalty units.\n(sec.630-ssec.1) This section applies to a drinking water service provider if, under section 628, section 92 does not apply to the provider.\n(sec.630-ssec.2) The regulator may, by notice given to the drinking water service provider, require the provider to do any of the following— to carry out monitoring, described in the notice, of the quality of water supplied to or from the provider’s drinking water service; to give the regulator reports, at the intervals stated in the notice, about the results of the monitoring mentioned in paragraph (a); to give the regulator other reports about the operation of the drinking water service, including, for example, reports about whether the quality of water supplied to or from the provider’s drinking water service is consistent with the water quality criteria for drinking water.\n(sec.630-ssec.3) The notice may require the drinking water service provider to do a thing mentioned in subsection (2) only— after 1 January 2009; and until the provider has an approved drinking water quality management plan for the provider’s drinking water service.\n(sec.630-ssec.4) The drinking water service provider must comply with the notice, unless the provider has a reasonable excuse. Maximum penalty for subsection (4)—500 penalty units.\n- (a) to carry out monitoring, described in the notice, of the quality of water supplied to or from the provider’s drinking water service;\n- (b) to give the regulator reports, at the intervals stated in the notice, about the results of the monitoring mentioned in paragraph (a);\n- (c) to give the regulator other reports about the operation of the drinking water service, including, for example, reports about whether the quality of water supplied to or from the provider’s drinking water service is consistent with the water quality criteria for drinking water.\n- (a) after 1 January 2009; and\n- (b) until the provider has an approved drinking water quality management plan for the provider’s drinking water service.","sortOrder":709},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Transitional provisions about recycled water","content":"# Transitional provisions about recycled water","sortOrder":710},{"sectionNumber":"sec.631","sectionType":"section","heading":"Application of particular provisions—existing schemes","content":"### sec.631 Application of particular provisions—existing schemes\n\nSubsection (2) applies to an existing recycled water scheme if recycled water was supplied under the scheme—\nto premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or\nfor use in irrigating minimally processed food crops.\nSections 196, 201 and 270 do not apply in relation to the scheme until—\nif the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\notherwise—1 July 2009.\nIn this section—\nexisting recycled water scheme means a recycled water scheme under which recycled water was supplied before 1 July 2008.\nminimally processed food crops means crops stated to be minimally processed food crops, in relation to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.\ns 631 amd 2010 No. 20 s 177\n(sec.631-ssec.1) Subsection (2) applies to an existing recycled water scheme if recycled water was supplied under the scheme— to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or for use in irrigating minimally processed food crops.\n(sec.631-ssec.2) Sections 196, 201 and 270 do not apply in relation to the scheme until— if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or otherwise—1 July 2009.\n(sec.631-ssec.3) In this section— existing recycled water scheme means a recycled water scheme under which recycled water was supplied before 1 July 2008. minimally processed food crops means crops stated to be minimally processed food crops, in relation to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.\n- (a) to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or\n- (b) for use in irrigating minimally processed food crops.\n- (a) if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\n- (b) otherwise—1 July 2009.","sortOrder":711},{"sectionNumber":"sec.632","sectionType":"section","heading":"Application of particular provisions—schemes supplying recycled water for particular purposes","content":"### sec.632 Application of particular provisions—schemes supplying recycled water for particular purposes\n\nSubsection (2) applies to a recycled water scheme if recycled water is supplied under the scheme—\nfor the first time on or after 1 July 2008 and before 31 December 2008; and\neither—\nto premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or\nfor use in irrigating minimally processed food crops.\nSections 196, 201 and 270 do not apply in relation to the scheme until—\nif the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\notherwise—the day that is 6 months after the day recycled water is first supplied under the scheme.\nSubsection (4) applies to a recycled water scheme if recycled water is supplied under the scheme—\nfor the first time on or after 31 December 2008 and before 1 July 2009; and\neither—\nto premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or\nfor use in irrigating minimally processed food crops.\nSections 196, 201 and 270 do not apply in relation to the scheme until—\nif the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\notherwise—1 July 2009.\nIn this section—\nminimally processed food crops means crops stated to be minimally processed food crops, in relation to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.\ns 632 amd 2010 No. 20 s 178\n(sec.632-ssec.1) Subsection (2) applies to a recycled water scheme if recycled water is supplied under the scheme— for the first time on or after 1 July 2008 and before 31 December 2008; and either— to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or for use in irrigating minimally processed food crops.\n(sec.632-ssec.2) Sections 196, 201 and 270 do not apply in relation to the scheme until— if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or otherwise—the day that is 6 months after the day recycled water is first supplied under the scheme.\n(sec.632-ssec.3) Subsection (4) applies to a recycled water scheme if recycled water is supplied under the scheme— for the first time on or after 31 December 2008 and before 1 July 2009; and either— to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or for use in irrigating minimally processed food crops.\n(sec.632-ssec.4) Sections 196, 201 and 270 do not apply in relation to the scheme until— if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or otherwise—1 July 2009.\n(sec.632-ssec.5) In this section— minimally processed food crops means crops stated to be minimally processed food crops, in relation to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.\n- (a) for the first time on or after 1 July 2008 and before 31 December 2008; and\n- (b) either— (i) to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or (ii) for use in irrigating minimally processed food crops.\n- (i) to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or\n- (ii) for use in irrigating minimally processed food crops.\n- (i) to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or\n- (ii) for use in irrigating minimally processed food crops.\n- (a) if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\n- (b) otherwise—the day that is 6 months after the day recycled water is first supplied under the scheme.\n- (a) for the first time on or after 31 December 2008 and before 1 July 2009; and\n- (b) either— (i) to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or (ii) for use in irrigating minimally processed food crops.\n- (i) to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or\n- (ii) for use in irrigating minimally processed food crops.\n- (i) to premises by way of a reticulation system used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; or\n- (ii) for use in irrigating minimally processed food crops.\n- (a) if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\n- (b) otherwise—1 July 2009.","sortOrder":712},{"sectionNumber":"sec.633","sectionType":"section","heading":"Application of particular provisions—other schemes","content":"### sec.633 Application of particular provisions—other schemes\n\nSubsections (2) and (3) apply to any recycled water scheme, other than a recycled water scheme—\nmentioned in section 631 or 632; or\nunder which recycled water is supplied to augment a supply of drinking water; or\nthat is an existing CSG recycled water scheme under chapter 10, part 4; or\nunder which recycled water is supplied—\nfor the first time on or after 1 July 2009; and\nto premises by way of a dual reticulation system; or\nunder which recycled water is supplied—\nfor the first time on or after 1 July 2009; and\nfor use in irrigating minimally processed food crops.\nHowever, subsections (2) and (3) cease to apply to a recycled water scheme if—\na recycled water management plan is approved for the scheme; or\nthe recycled water provider for the scheme is granted an exemption from having an approved recycled water management plan under section 253.\nIf recycled water was supplied under the scheme before 1 July 2008, sections 196, 201 and 270 do not apply in relation to the scheme until—\nif the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\notherwise—1 July 2014.\nIf recycled water is supplied under the scheme for the first time on or after 1 July 2008, sections 196, 201 and 270 do not apply in relation to the scheme until—\nif the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\notherwise, the later of the following—\n1 July 2014;\nthe day that is 1 year after the day recycled water is first supplied under the scheme.\nIn this section—\nminimally processed food crops means crops, stated to be minimally processed food crops, relating to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.\ns 633 amd 2009 No. 46 s 151 ; 2010 No. 20 s 179 ; 2010 No. 53 s 235 ; 2012 No. 29 s 37 ; 2013 No. 23 s 349\n(sec.633-ssec.1) Subsections (2) and (3) apply to any recycled water scheme, other than a recycled water scheme— mentioned in section 631 or 632; or under which recycled water is supplied to augment a supply of drinking water; or that is an existing CSG recycled water scheme under chapter 10, part 4; or under which recycled water is supplied— for the first time on or after 1 July 2009; and to premises by way of a dual reticulation system; or under which recycled water is supplied— for the first time on or after 1 July 2009; and for use in irrigating minimally processed food crops.\n(sec.633-ssec.1A) However, subsections (2) and (3) cease to apply to a recycled water scheme if— a recycled water management plan is approved for the scheme; or the recycled water provider for the scheme is granted an exemption from having an approved recycled water management plan under section 253.\n(sec.633-ssec.2) If recycled water was supplied under the scheme before 1 July 2008, sections 196, 201 and 270 do not apply in relation to the scheme until— if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or otherwise—1 July 2014.\n(sec.633-ssec.3) If recycled water is supplied under the scheme for the first time on or after 1 July 2008, sections 196, 201 and 270 do not apply in relation to the scheme until— if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or otherwise, the later of the following— 1 July 2014; the day that is 1 year after the day recycled water is first supplied under the scheme.\n(sec.633-ssec.4) In this section— minimally processed food crops means crops, stated to be minimally processed food crops, relating to using recycled water to irrigate the crops, in a regulation under the Public Health Act about standards for the quality of recycled water.\n- (a) mentioned in section 631 or 632; or\n- (b) under which recycled water is supplied to augment a supply of drinking water; or\n- (c) that is an existing CSG recycled water scheme under chapter 10, part 4; or\n- (d) under which recycled water is supplied— (i) for the first time on or after 1 July 2009; and (ii) to premises by way of a dual reticulation system; or\n- (i) for the first time on or after 1 July 2009; and\n- (ii) to premises by way of a dual reticulation system; or\n- (e) under which recycled water is supplied— (i) for the first time on or after 1 July 2009; and (ii) for use in irrigating minimally processed food crops.\n- (i) for the first time on or after 1 July 2009; and\n- (ii) for use in irrigating minimally processed food crops.\n- (i) for the first time on or after 1 July 2009; and\n- (ii) to premises by way of a dual reticulation system; or\n- (i) for the first time on or after 1 July 2009; and\n- (ii) for use in irrigating minimally processed food crops.\n- (a) a recycled water management plan is approved for the scheme; or\n- (b) the recycled water provider for the scheme is granted an exemption from having an approved recycled water management plan under section 253.\n- (a) if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\n- (b) otherwise—1 July 2014.\n- (a) if the relevant entity or a declared entity for the scheme is given a notice under section 634—the day the period mentioned in section 634(4) and stated in the notice ends; or\n- (b) otherwise, the later of the following— (i) 1 July 2014; (ii) the day that is 1 year after the day recycled water is first supplied under the scheme.\n- (i) 1 July 2014;\n- (ii) the day that is 1 year after the day recycled water is first supplied under the scheme.\n- (i) 1 July 2014;\n- (ii) the day that is 1 year after the day recycled water is first supplied under the scheme.","sortOrder":713},{"sectionNumber":"sec.634","sectionType":"section","heading":"Notice requiring entity to have approved plan","content":"### sec.634 Notice requiring entity to have approved plan\n\nThis section applies in relation to a recycled water scheme to which sections 196, 201 and 270 do not apply because of the operation of section 631, 632 or 633 if—\nthe scheme becomes a critical recycled water scheme; or\nthe regulator is satisfied, or reasonably believes the continued operation of the scheme is likely to pose a risk to public health.\nIf the scheme is a single-entity recycled water scheme, the regulator may, by notice given to the recycled water provider for the scheme, require the provider to prepare a recycled water management plan for the scheme for approval by the regulator.\nIf the scheme is a multiple-entity recycled water scheme, the regulator may—\nby notice given to each recycled water provider or other declared entity for the scheme, require the provider or other entity to prepare a scheme provider plan for the scheme; and\nby notice given to the scheme manager for the scheme, require the scheme manager to prepare a scheme manager plan for the scheme.\nThe notice must state the reasonable period within which there must be an approved recycled water management plan for the recycled water scheme.\n(sec.634-ssec.1) This section applies in relation to a recycled water scheme to which sections 196, 201 and 270 do not apply because of the operation of section 631, 632 or 633 if— the scheme becomes a critical recycled water scheme; or the regulator is satisfied, or reasonably believes the continued operation of the scheme is likely to pose a risk to public health.\n(sec.634-ssec.2) If the scheme is a single-entity recycled water scheme, the regulator may, by notice given to the recycled water provider for the scheme, require the provider to prepare a recycled water management plan for the scheme for approval by the regulator.\n(sec.634-ssec.3) If the scheme is a multiple-entity recycled water scheme, the regulator may— by notice given to each recycled water provider or other declared entity for the scheme, require the provider or other entity to prepare a scheme provider plan for the scheme; and by notice given to the scheme manager for the scheme, require the scheme manager to prepare a scheme manager plan for the scheme.\n(sec.634-ssec.4) The notice must state the reasonable period within which there must be an approved recycled water management plan for the recycled water scheme.\n- (a) the scheme becomes a critical recycled water scheme; or\n- (b) the regulator is satisfied, or reasonably believes the continued operation of the scheme is likely to pose a risk to public health.\n- (a) by notice given to each recycled water provider or other declared entity for the scheme, require the provider or other entity to prepare a scheme provider plan for the scheme; and\n- (b) by notice given to the scheme manager for the scheme, require the scheme manager to prepare a scheme manager plan for the scheme.","sortOrder":714},{"sectionNumber":"ch.9-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":715},{"sectionNumber":"sec.635","sectionType":"section","heading":null,"content":"### Section sec.635\n\ns 635 exp 1 July 2009 (see s 635(4))\nAIA s 20A applies (see s 635(5))","sortOrder":716},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Transitional provision for Sustainable Planning Act 2009","content":"# Transitional provision for Sustainable Planning Act 2009","sortOrder":717},{"sectionNumber":"sec.636","sectionType":"section","heading":"Application of s 562","content":"### sec.636 Application of s 562\n\nThis section applies to a development application mentioned in section 562(1)(a) as in force before the commencement of the section that is made before the commencement and dealt with under the repealed Integrated Planning Act 1997 after the commencement.\nDespite the Planning Act or the repealed Sustainable Planning Act 2009 , if the applicant for the development application appeals against a decision about the application, the appeal may be to the Land Court.\ns 636 ins 2009 No. 36 s 872 sch 2\namd 2016 No. 27 s 693\n(sec.636-ssec.1) This section applies to a development application mentioned in section 562(1)(a) as in force before the commencement of the section that is made before the commencement and dealt with under the repealed Integrated Planning Act 1997 after the commencement.\n(sec.636-ssec.2) Despite the Planning Act or the repealed Sustainable Planning Act 2009 , if the applicant for the development application appeals against a decision about the application, the appeal may be to the Land Court.","sortOrder":718},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) Act 2009","content":"# Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) Act 2009","sortOrder":719},{"sectionNumber":"sec.637","sectionType":"section","heading":"Provision for recovery of costs for particular investigations","content":"### sec.637 Provision for recovery of costs for particular investigations\n\nThis section applies if the regulator has, after 13 May 2009 but before the commencement, engaged an expert to give the regulator advice about a suspected contravention of a provision of this Act by an entity before the commencement.\nSection 468(3) to (6), other than section 468(4)(d), applies for the engagement of the expert as if that section had commenced on 13 May 2009.\nTo remove any doubt, it is declared that if the regulator claims an amount under section 468(3) because of the operation of subsection (2), the amount, and any interest payable on the amount under section 468(6)—\nis a debt owing to the regulator; and\nmay be recovered by the regulator as a debt.\nIf a notice is given under section 468 because of the operation of subsection (2), chapter 7 does not apply in relation to the notice.\nIn this section—\ncommencement means the day this section commences.\ns 637 ins 2009 No. 46 s 153\n(sec.637-ssec.1) This section applies if the regulator has, after 13 May 2009 but before the commencement, engaged an expert to give the regulator advice about a suspected contravention of a provision of this Act by an entity before the commencement.\n(sec.637-ssec.2) Section 468(3) to (6), other than section 468(4)(d), applies for the engagement of the expert as if that section had commenced on 13 May 2009.\n(sec.637-ssec.3) To remove any doubt, it is declared that if the regulator claims an amount under section 468(3) because of the operation of subsection (2), the amount, and any interest payable on the amount under section 468(6)— is a debt owing to the regulator; and may be recovered by the regulator as a debt.\n(sec.637-ssec.4) If a notice is given under section 468 because of the operation of subsection (2), chapter 7 does not apply in relation to the notice.\n(sec.637-ssec.5) In this section— commencement means the day this section commences.\n- (a) is a debt owing to the regulator; and\n- (b) may be recovered by the regulator as a debt.","sortOrder":720},{"sectionNumber":"ch.10-pt.3","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":721},{"sectionNumber":"sec.638","sectionType":"section","heading":"Provision for carrying out particular failure impact assessments","content":"### sec.638 Provision for carrying out particular failure impact assessments\n\nThis section applies to the owner of a dam to which former section 345(2) applied immediately before the commencement.\nSubject to this section, former section 345(2) continues to apply to the owner of the dam until the owner first receives a notice about the dam under new section 350.\nThe chief executive may, by notice given to the owner, extend the period under former section 345(2) within which the owner must ensure another failure impact assessment of the dam is completed and given to the chief executive.\nThe notice must state the period within which the assessment must be completed and given to the chief executive.\nThe chief executive may give a notice under subsection (3) if, having regard to the last failure impact assessment of the dam and any other information the chief executive considers appropriate, the chief executive reasonably believes a further failure impact assessment would not change the dam’s failure impact rating, or give the dam a failure impact rating, under this Act.\nIf the chief executive gives the owner a notice under this section, former section 345(2) continues to apply to the owner as if the reference in that section to 5 years after the last failure impact assessment was accepted by the chief executive were a reference to the period stated in the notice.\nIn this section—\ncommencement means the day this section commences.\nformer section 345 means that section as in force immediately before the commencement.\nnew section 350 means section 350 as in force after the commencement.\ns 638 ins 2010 No. 20 s 182\n(sec.638-ssec.1) This section applies to the owner of a dam to which former section 345(2) applied immediately before the commencement.\n(sec.638-ssec.2) Subject to this section, former section 345(2) continues to apply to the owner of the dam until the owner first receives a notice about the dam under new section 350.\n(sec.638-ssec.3) The chief executive may, by notice given to the owner, extend the period under former section 345(2) within which the owner must ensure another failure impact assessment of the dam is completed and given to the chief executive.\n(sec.638-ssec.4) The notice must state the period within which the assessment must be completed and given to the chief executive.\n(sec.638-ssec.5) The chief executive may give a notice under subsection (3) if, having regard to the last failure impact assessment of the dam and any other information the chief executive considers appropriate, the chief executive reasonably believes a further failure impact assessment would not change the dam’s failure impact rating, or give the dam a failure impact rating, under this Act.\n(sec.638-ssec.6) If the chief executive gives the owner a notice under this section, former section 345(2) continues to apply to the owner as if the reference in that section to 5 years after the last failure impact assessment was accepted by the chief executive were a reference to the period stated in the notice.\n(sec.638-ssec.7) In this section— commencement means the day this section commences. former section 345 means that section as in force immediately before the commencement. new section 350 means section 350 as in force after the commencement.","sortOrder":722},{"sectionNumber":"sec.639","sectionType":"section","heading":"Service provider water restrictions","content":"### sec.639 Service provider water restrictions\n\nThis section applies if, immediately before the commencement of this section, a service provider water restriction is in force in the SEQ region.\nFrom the commencement, the service provider water restriction is taken to be a commission water restriction made by the commission under the Water Act.\ns 639 ins 2010 No. 20 s 182\n(sec.639-ssec.1) This section applies if, immediately before the commencement of this section, a service provider water restriction is in force in the SEQ region.\n(sec.639-ssec.2) From the commencement, the service provider water restriction is taken to be a commission water restriction made by the commission under the Water Act.","sortOrder":723},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Transitional provisions for Water and Other Legislation Amendment Act 2010","content":"# Transitional provisions for Water and Other Legislation Amendment Act 2010","sortOrder":724},{"sectionNumber":"sec.640","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.640 Definitions for pt 4\n\nIn this part—\ncommencement means the commencement of this part.\nCSG environmental authority means a coal seam gas environmental authority within the meaning of the Environmental Protection Act 1994 , section 310D.\nexisting CSG recycled water scheme means a recycled water scheme under which recycled water that was coal seam gas water was supplied before the commencement by its disposal under a CSG environmental authority.\ntransitional period , for an existing CSG recycled water scheme, see section 642(2).\ns 640 ins 2010 No. 53 s 236","sortOrder":725},{"sectionNumber":"sec.641","sectionType":"section","heading":"Conditions of particular CSG environmental authorities taken to be interim recycled water management plan","content":"### sec.641 Conditions of particular CSG environmental authorities taken to be interim recycled water management plan\n\nThis section applies to an existing CSG recycled water scheme if, within 4 months after the commencement, the relevant CSG environmental authority for the scheme is prescribed for this section under a regulation.\nThe drinking water conditions of the relevant CSG environmental authority are taken to be an approved recycled water management plan for the existing CSG recycled water scheme.\nThe approved recycled water management plan is an interim recycled water management plan.\nFor chapter 3, part 9A, division 4, the interim period for the existing CSG recycled water scheme starts on the commencement of the regulation mentioned in subsection (1).\nFor this section, the drinking water conditions of the relevant CSG environmental authority are the conditions of the authority that—\nrelate to the augmentation of drinking water supplies of a drinking water service provider; and\nare identified in a notice given to the recycled water provider for the scheme by the regulator.\ns 641 ins 2010 No. 53 s 236\n(sec.641-ssec.1) This section applies to an existing CSG recycled water scheme if, within 4 months after the commencement, the relevant CSG environmental authority for the scheme is prescribed for this section under a regulation.\n(sec.641-ssec.2) The drinking water conditions of the relevant CSG environmental authority are taken to be an approved recycled water management plan for the existing CSG recycled water scheme.\n(sec.641-ssec.3) The approved recycled water management plan is an interim recycled water management plan.\n(sec.641-ssec.4) For chapter 3, part 9A, division 4, the interim period for the existing CSG recycled water scheme starts on the commencement of the regulation mentioned in subsection (1).\n(sec.641-ssec.5) For this section, the drinking water conditions of the relevant CSG environmental authority are the conditions of the authority that— relate to the augmentation of drinking water supplies of a drinking water service provider; and are identified in a notice given to the recycled water provider for the scheme by the regulator.\n- (a) relate to the augmentation of drinking water supplies of a drinking water service provider; and\n- (b) are identified in a notice given to the recycled water provider for the scheme by the regulator.","sortOrder":726},{"sectionNumber":"sec.642","sectionType":"section","heading":"Transitional period for existing CSG recycled water schemes","content":"### sec.642 Transitional period for existing CSG recycled water schemes\n\nSection 196 does not apply in relation to an existing CSG recycled water scheme until the day after the transitional period for the scheme ends.\nThe transitional period for an existing CSG recycled water scheme starts on the commencement and ends on the day provided for under subsections (3) to (5).\nIf the relevant CSG environmental authority for an existing CSG recycled water scheme is prescribed for section 641, the transitional period for the scheme ends on the day the regulation prescribing the authority commences.\nThe transitional period for an existing CSG recycled water scheme ends on the day that is 4 months after the commencement if, by that day—\nthe recycled water provider has not applied for—\napproval of a recycled water management plan for the scheme; or\nan exclusion decision for the scheme or part of the scheme; and\nthe relevant CSG environmental authority for the scheme has not been prescribed for section 641.\nIf subsections (3) and (4) do not apply to an existing CSG recycled water scheme, the transitional period for the scheme ends on the earlier of the following days—\nthe day that is 15 months after the commencement;\nthe day a recycled water management plan is approved for the scheme or an exclusion decision is made for the scheme or part of the scheme.\ns 642 ins 2010 No. 53 s 236\n(sec.642-ssec.1) Section 196 does not apply in relation to an existing CSG recycled water scheme until the day after the transitional period for the scheme ends.\n(sec.642-ssec.2) The transitional period for an existing CSG recycled water scheme starts on the commencement and ends on the day provided for under subsections (3) to (5).\n(sec.642-ssec.3) If the relevant CSG environmental authority for an existing CSG recycled water scheme is prescribed for section 641, the transitional period for the scheme ends on the day the regulation prescribing the authority commences.\n(sec.642-ssec.4) The transitional period for an existing CSG recycled water scheme ends on the day that is 4 months after the commencement if, by that day— the recycled water provider has not applied for— approval of a recycled water management plan for the scheme; or an exclusion decision for the scheme or part of the scheme; and the relevant CSG environmental authority for the scheme has not been prescribed for section 641.\n(sec.642-ssec.5) If subsections (3) and (4) do not apply to an existing CSG recycled water scheme, the transitional period for the scheme ends on the earlier of the following days— the day that is 15 months after the commencement; the day a recycled water management plan is approved for the scheme or an exclusion decision is made for the scheme or part of the scheme.\n- (a) the recycled water provider has not applied for— (i) approval of a recycled water management plan for the scheme; or (ii) an exclusion decision for the scheme or part of the scheme; and\n- (i) approval of a recycled water management plan for the scheme; or\n- (ii) an exclusion decision for the scheme or part of the scheme; and\n- (b) the relevant CSG environmental authority for the scheme has not been prescribed for section 641.\n- (i) approval of a recycled water management plan for the scheme; or\n- (ii) an exclusion decision for the scheme or part of the scheme; and\n- (a) the day that is 15 months after the commencement;\n- (b) the day a recycled water management plan is approved for the scheme or an exclusion decision is made for the scheme or part of the scheme.","sortOrder":727},{"sectionNumber":"sec.643","sectionType":"section","heading":"Provision about water quality monitoring and reporting","content":"### sec.643 Provision about water quality monitoring and reporting\n\nThis section applies in relation to an existing CSG recycled water scheme during the transitional period for the scheme.\nThe regulator may, by notice given to the recycled water provider for the existing CSG recycled water scheme, require the provider to do any of the following—\ncarry out monitoring, described in the notice, of the quality of—\nrecycled water produced or supplied under the scheme, including water in feed ponds for the scheme or, if it is not possible to monitor water in feed ponds, water from the petroleum wells for the scheme; or\nthe water in a water source into which recycled water is released under the scheme;\ngive the regulator reports, at the intervals stated in the notice, about the results of the monitoring mentioned in paragraph (a);\ngive the regulator other reports about the operation of the scheme, including, for example, reports about whether the quality of water produced or supplied under the scheme is consistent with the water quality criteria for recycled water stated in the notice.\nThe recycled water provider must comply with the notice unless the provider has a reasonable excuse.\nMaximum penalty—500 penalty units.\ns 643 ins 2010 No. 53 s 236\n(sec.643-ssec.1) This section applies in relation to an existing CSG recycled water scheme during the transitional period for the scheme.\n(sec.643-ssec.2) The regulator may, by notice given to the recycled water provider for the existing CSG recycled water scheme, require the provider to do any of the following— carry out monitoring, described in the notice, of the quality of— recycled water produced or supplied under the scheme, including water in feed ponds for the scheme or, if it is not possible to monitor water in feed ponds, water from the petroleum wells for the scheme; or the water in a water source into which recycled water is released under the scheme; give the regulator reports, at the intervals stated in the notice, about the results of the monitoring mentioned in paragraph (a); give the regulator other reports about the operation of the scheme, including, for example, reports about whether the quality of water produced or supplied under the scheme is consistent with the water quality criteria for recycled water stated in the notice.\n(sec.643-ssec.3) The recycled water provider must comply with the notice unless the provider has a reasonable excuse. Maximum penalty—500 penalty units.\n- (a) carry out monitoring, described in the notice, of the quality of— (i) recycled water produced or supplied under the scheme, including water in feed ponds for the scheme or, if it is not possible to monitor water in feed ponds, water from the petroleum wells for the scheme; or (ii) the water in a water source into which recycled water is released under the scheme;\n- (i) recycled water produced or supplied under the scheme, including water in feed ponds for the scheme or, if it is not possible to monitor water in feed ponds, water from the petroleum wells for the scheme; or\n- (ii) the water in a water source into which recycled water is released under the scheme;\n- (b) give the regulator reports, at the intervals stated in the notice, about the results of the monitoring mentioned in paragraph (a);\n- (c) give the regulator other reports about the operation of the scheme, including, for example, reports about whether the quality of water produced or supplied under the scheme is consistent with the water quality criteria for recycled water stated in the notice.\n- (i) recycled water produced or supplied under the scheme, including water in feed ponds for the scheme or, if it is not possible to monitor water in feed ponds, water from the petroleum wells for the scheme; or\n- (ii) the water in a water source into which recycled water is released under the scheme;","sortOrder":728},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Transitional provisions for Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Act 2012","content":"# Transitional provisions for Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation Amendment Act 2012","sortOrder":729},{"sectionNumber":"sec.644","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.644 Definitions for pt 5\n\nIn this part—\ncommencement means the commencement of this section.\nexisting approval period see section 648(2)(b).\nexisting dam see section 645(1).\nexisting flood mitigation manual see section 648(1).\ns 644 ins 2012 No. 29 s 38","sortOrder":730},{"sectionNumber":"sec.645","sectionType":"section","heading":"Owner of existing dam must prepare and submit emergency action plan","content":"### sec.645 Owner of existing dam must prepare and submit emergency action plan\n\nThis section applies to the owner of a dam (an existing dam ) that—\nimmediately before the commencement was a referable dam; and\nis a referable dam under section 341 on and after the commencement.\nThe owner of the dam must, unless the owner has a reasonable excuse, prepare an emergency action plan for the dam under chapter 4, part 1, division 2A, subdivision 3 and give it to the chief executive for approval before 1 October 2013.\nMaximum penalty—1,665 penalty units.\nSection 352E does not apply to the owner of the dam until—\nif the owner gives the chief executive an emergency action plan under subsection (2)—the chief executive approves the plan or gives the owner a notice under section 352L(1)(b); or\notherwise—1 October 2013.\ns 645 ins 2012 No. 29 s 38\n(sec.645-ssec.1) This section applies to the owner of a dam (an existing dam ) that— immediately before the commencement was a referable dam; and is a referable dam under section 341 on and after the commencement.\n(sec.645-ssec.2) The owner of the dam must, unless the owner has a reasonable excuse, prepare an emergency action plan for the dam under chapter 4, part 1, division 2A, subdivision 3 and give it to the chief executive for approval before 1 October 2013. Maximum penalty—1,665 penalty units.\n(sec.645-ssec.3) Section 352E does not apply to the owner of the dam until— if the owner gives the chief executive an emergency action plan under subsection (2)—the chief executive approves the plan or gives the owner a notice under section 352L(1)(b); or otherwise—1 October 2013.\n- (a) immediately before the commencement was a referable dam; and\n- (b) is a referable dam under section 341 on and after the commencement.\n- (a) if the owner gives the chief executive an emergency action plan under subsection (2)—the chief executive approves the plan or gives the owner a notice under section 352L(1)(b); or\n- (b) otherwise—1 October 2013.","sortOrder":731},{"sectionNumber":"sec.646","sectionType":"section","heading":"Emergency event reporting for owner of existing dam","content":"### sec.646 Emergency event reporting for owner of existing dam\n\nChapter 4, part 1, division 2A, subdivision 9 applies to the owner of an existing dam from the first of the following—\nthe day an emergency action plan is approved for the dam;\n1 October 2013.\nThis section applies despite chapter 4, part 1, division 2A, subdivision 9.\ns 646 ins 2012 No. 29 s 38\n(sec.646-ssec.1) Chapter 4, part 1, division 2A, subdivision 9 applies to the owner of an existing dam from the first of the following— the day an emergency action plan is approved for the dam; 1 October 2013.\n(sec.646-ssec.2) This section applies despite chapter 4, part 1, division 2A, subdivision 9.\n- (a) the day an emergency action plan is approved for the dam;\n- (b) 1 October 2013.","sortOrder":732},{"sectionNumber":"sec.647","sectionType":"section","heading":"Particular safety conditions and development conditions taken to have been complied with","content":"### sec.647 Particular safety conditions and development conditions taken to have been complied with\n\nSubsection (2) applies if—\nan equivalent plan preparation condition applies to an existing dam; and\nthe owner of the dam complies with the obligation to prepare and submit an emergency action plan under chapter 4, part 1, division 2A.\nThe owner of the dam is taken to have complied with the equivalent plan preparation condition for the preparation and submission of the emergency action plan.\nSubsection (4) applies if—\nan equivalent plan review condition applies to an existing dam; and\nthe owner of the dam complies with the obligation to review an emergency action plan under section 352P.\nThe owner of the dam is taken to have complied with the equivalent plan review condition for the review of the emergency action plan.\nSubsection (6) applies if—\nan equivalent reporting condition applies to an existing dam; and\nthe owner of the dam complies with the obligation to prepare and submit an emergency event report under chapter 4, part 1, division 2A, subdivision 9.\nThe owner of the dam is taken to have complied with the equivalent reporting condition for the preparation and submission of the emergency event report.\nIn this section—\nequivalent plan preparation condition means a safety condition or development condition that is equivalent to an obligation to prepare or submit an emergency action plan under chapter 4, part 1, division 2A.\nequivalent plan review condition means a safety condition or development condition that is equivalent to the obligation to review an emergency action plan under section 352P.\nequivalent reporting condition means a safety condition or development condition that is equivalent to the obligation to prepare and submit an emergency event report under chapter 4, part 1, division 2A, subdivision 9.\ns 647 ins 2012 No. 29 s 38\n(sec.647-ssec.1) Subsection (2) applies if— an equivalent plan preparation condition applies to an existing dam; and the owner of the dam complies with the obligation to prepare and submit an emergency action plan under chapter 4, part 1, division 2A.\n(sec.647-ssec.2) The owner of the dam is taken to have complied with the equivalent plan preparation condition for the preparation and submission of the emergency action plan.\n(sec.647-ssec.3) Subsection (4) applies if— an equivalent plan review condition applies to an existing dam; and the owner of the dam complies with the obligation to review an emergency action plan under section 352P.\n(sec.647-ssec.4) The owner of the dam is taken to have complied with the equivalent plan review condition for the review of the emergency action plan.\n(sec.647-ssec.5) Subsection (6) applies if— an equivalent reporting condition applies to an existing dam; and the owner of the dam complies with the obligation to prepare and submit an emergency event report under chapter 4, part 1, division 2A, subdivision 9.\n(sec.647-ssec.6) The owner of the dam is taken to have complied with the equivalent reporting condition for the preparation and submission of the emergency event report.\n(sec.647-ssec.7) In this section— equivalent plan preparation condition means a safety condition or development condition that is equivalent to an obligation to prepare or submit an emergency action plan under chapter 4, part 1, division 2A. equivalent plan review condition means a safety condition or development condition that is equivalent to the obligation to review an emergency action plan under section 352P. equivalent reporting condition means a safety condition or development condition that is equivalent to the obligation to prepare and submit an emergency event report under chapter 4, part 1, division 2A, subdivision 9.\n- (a) an equivalent plan preparation condition applies to an existing dam; and\n- (b) the owner of the dam complies with the obligation to prepare and submit an emergency action plan under chapter 4, part 1, division 2A.\n- (a) an equivalent plan review condition applies to an existing dam; and\n- (b) the owner of the dam complies with the obligation to review an emergency action plan under section 352P.\n- (a) an equivalent reporting condition applies to an existing dam; and\n- (b) the owner of the dam complies with the obligation to prepare and submit an emergency event report under chapter 4, part 1, division 2A, subdivision 9.","sortOrder":733},{"sectionNumber":"sec.648","sectionType":"section","heading":"Continuation of existing flood mitigation manuals","content":"### sec.648 Continuation of existing flood mitigation manuals\n\nThis section applies to a flood mitigation manual (an existing flood mitigation manual ) for a dam that was approved under pre-amended section 371 and in force immediately before the commencement.\nThe existing flood mitigation manual—\nis taken to be an approved flood mitigation manual; and\ncontinues in force for the balance of the period for which it was approved under pre-amended section 371 (the existing approval period ).\nIn this section—\npre-amended , in relation to a provision, means the provision as it was in force immediately before the commencement.\ns 648 ins 2012 No. 29 s 38\n(sec.648-ssec.1) This section applies to a flood mitigation manual (an existing flood mitigation manual ) for a dam that was approved under pre-amended section 371 and in force immediately before the commencement.\n(sec.648-ssec.2) The existing flood mitigation manual— is taken to be an approved flood mitigation manual; and continues in force for the balance of the period for which it was approved under pre-amended section 371 (the existing approval period ).\n(sec.648-ssec.3) In this section— pre-amended , in relation to a provision, means the provision as it was in force immediately before the commencement.\n- (a) is taken to be an approved flood mitigation manual; and\n- (b) continues in force for the balance of the period for which it was approved under pre-amended section 371 (the existing approval period ).","sortOrder":734},{"sectionNumber":"sec.649","sectionType":"section","heading":"Application of particular provisions to dam with existing flood mitigation manual","content":"### sec.649 Application of particular provisions to dam with existing flood mitigation manual\n\nThis section applies to a dam for which an existing flood mitigation manual was in force immediately before the commencement.\nSection 371A(2) does not apply to the dam until after it is first prescribed under a regulation under section 371A(1).\nSection 374 applies to the owner of the dam as if the reference in the section to the approval period were a reference to the existing approval period.\nTo remove any doubt, it is declared that the application of section 373 to the existing flood mitigation manual does not limit the operation of section 371D, 371E or 371F in relation to the preparation or approval of a flood mitigation manual.\nThis section applies despite sections 371A and 374.\ns 649 ins 2012 No. 29 s 38\n(sec.649-ssec.1) This section applies to a dam for which an existing flood mitigation manual was in force immediately before the commencement.\n(sec.649-ssec.2) Section 371A(2) does not apply to the dam until after it is first prescribed under a regulation under section 371A(1).\n(sec.649-ssec.3) Section 374 applies to the owner of the dam as if the reference in the section to the approval period were a reference to the existing approval period.\n(sec.649-ssec.4) To remove any doubt, it is declared that the application of section 373 to the existing flood mitigation manual does not limit the operation of section 371D, 371E or 371F in relation to the preparation or approval of a flood mitigation manual.\n(sec.649-ssec.5) This section applies despite sections 371A and 374.","sortOrder":735},{"sectionNumber":"sec.650","sectionType":"section","heading":"Reporting period for first annual preparedness report for dam with existing flood mitigation manual","content":"### sec.650 Reporting period for first annual preparedness report for dam with existing flood mitigation manual\n\nThis section applies to the first annual preparedness report required to be prepared after the commencement by the owner of a dam for which an existing flood mitigation manual was in force immediately before the commencement.\nThe reporting period for the annual preparedness report is the period since the commencement.\nThis section applies despite section 376.\ns 650 ins 2012 No. 29 s 38\n(sec.650-ssec.1) This section applies to the first annual preparedness report required to be prepared after the commencement by the owner of a dam for which an existing flood mitigation manual was in force immediately before the commencement.\n(sec.650-ssec.2) The reporting period for the annual preparedness report is the period since the commencement.\n(sec.650-ssec.3) This section applies despite section 376.","sortOrder":736},{"sectionNumber":"sec.651","sectionType":"section","heading":null,"content":"### Section sec.651\n\ns 651 ins 2012 No. 29 s 38\nom 2013 No. 39 s 109 sch 2","sortOrder":737},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Transitional provisions for Land, Water and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Land, Water and Other Legislation Amendment Act 2013","sortOrder":738},{"sectionNumber":"ch.10-pt.6-div.1","sectionType":"division","heading":"Transitional provisions relating to incoming and outgoing service providers","content":"## Transitional provisions relating to incoming and outgoing service providers","sortOrder":739},{"sectionNumber":"sec.652","sectionType":"section","heading":"Definitions for div 1","content":"### sec.652 Definitions for div 1\n\nIn this division—\nchangeover day means the day the outgoing service provider is dissolved under the Water Act, chapter 4, part 7, division 1.\nincoming service provider see section 653(1)(d).\noutgoing service provider see section 653(1)(a).\ns 652 ins 2013 No. 23 s 350","sortOrder":740},{"sectionNumber":"sec.653","sectionType":"section","heading":"Application of div 1","content":"### sec.653 Application of div 1\n\nThis division applies if—\na water authority (the outgoing service provider ) is a service provider for a water service; and\nthe outgoing service provider is dissolved and converted, under the Water Act, chapter 4, part 7, division 1, to 2 or more entities (the new entities ) that are alternative institutional structures; and\n1 of the new entities becomes the relevant infrastructure owner of 1 or more elements of infrastructure for supplying the water service for which a charge is intended to be made; and\nanother of the new entities (the incoming service provider )—\nbecomes the prescribed related entity of the relevant infrastructure owner for operating the infrastructure to supply the water service; and\nis registered as the service provider for the water service.\nHowever, this division applies only if the changeover day is no later than 1 year after the commencement of this section.\nIn this section—\nalternative institutional structure see the Water Act, schedule 4.\ns 653 ins 2013 No. 23 s 350\n(sec.653-ssec.1) This division applies if— a water authority (the outgoing service provider ) is a service provider for a water service; and the outgoing service provider is dissolved and converted, under the Water Act, chapter 4, part 7, division 1, to 2 or more entities (the new entities ) that are alternative institutional structures; and 1 of the new entities becomes the relevant infrastructure owner of 1 or more elements of infrastructure for supplying the water service for which a charge is intended to be made; and another of the new entities (the incoming service provider )— becomes the prescribed related entity of the relevant infrastructure owner for operating the infrastructure to supply the water service; and is registered as the service provider for the water service.\n(sec.653-ssec.2) However, this division applies only if the changeover day is no later than 1 year after the commencement of this section.\n(sec.653-ssec.3) In this section— alternative institutional structure see the Water Act, schedule 4.\n- (a) a water authority (the outgoing service provider ) is a service provider for a water service; and\n- (b) the outgoing service provider is dissolved and converted, under the Water Act, chapter 4, part 7, division 1, to 2 or more entities (the new entities ) that are alternative institutional structures; and\n- (c) 1 of the new entities becomes the relevant infrastructure owner of 1 or more elements of infrastructure for supplying the water service for which a charge is intended to be made; and\n- (d) another of the new entities (the incoming service provider )— (i) becomes the prescribed related entity of the relevant infrastructure owner for operating the infrastructure to supply the water service; and (ii) is registered as the service provider for the water service.\n- (i) becomes the prescribed related entity of the relevant infrastructure owner for operating the infrastructure to supply the water service; and\n- (ii) is registered as the service provider for the water service.\n- (i) becomes the prescribed related entity of the relevant infrastructure owner for operating the infrastructure to supply the water service; and\n- (ii) is registered as the service provider for the water service.","sortOrder":741},{"sectionNumber":"sec.654","sectionType":"section","heading":"Continuation of strategic asset management plan","content":"### sec.654 Continuation of strategic asset management plan\n\nThis section applies if, immediately before the changeover day, the outgoing service provider has a strategic asset management plan for the water service.\nFrom the changeover day—\nthe plan becomes the incoming service provider’s strategic asset management plan; and\nthe notice of the approval of the plan given to the outgoing service provider under section 74(1) is taken to apply to the incoming service provider.\ns 654 ins 2013 No. 23 s 350\n(sec.654-ssec.1) This section applies if, immediately before the changeover day, the outgoing service provider has a strategic asset management plan for the water service.\n(sec.654-ssec.2) From the changeover day— the plan becomes the incoming service provider’s strategic asset management plan; and the notice of the approval of the plan given to the outgoing service provider under section 74(1) is taken to apply to the incoming service provider.\n- (a) the plan becomes the incoming service provider’s strategic asset management plan; and\n- (b) the notice of the approval of the plan given to the outgoing service provider under section 74(1) is taken to apply to the incoming service provider.","sortOrder":742},{"sectionNumber":"sec.655","sectionType":"section","heading":"Continuation of exemption from system leakage management plan","content":"### sec.655 Continuation of exemption from system leakage management plan\n\nThis section applies if, immediately before the changeover day, the outgoing service provider has an exemption from preparing a system leakage management plan for the water service under chapter 2, part 4, division 2, subdivision 3.\nFrom the changeover day, the exemption becomes an exemption of the same type and duration for the incoming service provider.\nSubsection (2) is subject to section 86.\ns 655 ins 2013 No. 23 s 350\n(sec.655-ssec.1) This section applies if, immediately before the changeover day, the outgoing service provider has an exemption from preparing a system leakage management plan for the water service under chapter 2, part 4, division 2, subdivision 3.\n(sec.655-ssec.2) From the changeover day, the exemption becomes an exemption of the same type and duration for the incoming service provider.\n(sec.655-ssec.3) Subsection (2) is subject to section 86.","sortOrder":743},{"sectionNumber":"sec.656","sectionType":"section","heading":"Continuation of exemption from drought management plan","content":"### sec.656 Continuation of exemption from drought management plan\n\nThis section applies if, immediately before the changeover day, the outgoing service provider has an exemption from preparing a drought management plan for the water service under section 126.\nFrom the changeover day, the exemption becomes an exemption of the same type for the incoming service provider.\nSubsection (2) is subject to section 127.\ns 656 ins 2013 No. 23 s 350\n(sec.656-ssec.1) This section applies if, immediately before the changeover day, the outgoing service provider has an exemption from preparing a drought management plan for the water service under section 126.\n(sec.656-ssec.2) From the changeover day, the exemption becomes an exemption of the same type for the incoming service provider.\n(sec.656-ssec.3) Subsection (2) is subject to section 127.","sortOrder":744},{"sectionNumber":"sec.657","sectionType":"section","heading":"Preparing relevant annual report","content":"### sec.657 Preparing relevant annual report\n\nThis section applies to a relevant annual report for—\nthe financial year ending on 30 June 2013, if—\nthe changeover day happens before 18 December 2013; and\nthe outgoing service provider has not given a copy of the report to the regulator; and\nthe financial year ending on 30 June 2014, if the changeover day happens in that financial year.\nA reference in section 142(1) or (4) (each a relevant provision ) to the service provider is taken to include a reference to the outgoing service provider.\nA reference in a relevant provision to the financial year for the services for which the service provider is registered is taken to include a reference only to that part of the financial year for which the outgoing service provider was registered for the services.\nIn this section—\nrelevant annual report means—\nthe annual report required under section 141(1)(a) for the strategic asset management plan continued under section 654(2); or\nthe annual report required under section 141(1)(c).\ns 657 ins 2013 No. 23 s 350\n(sec.657-ssec.1) This section applies to a relevant annual report for— the financial year ending on 30 June 2013, if— the changeover day happens before 18 December 2013; and the outgoing service provider has not given a copy of the report to the regulator; and the financial year ending on 30 June 2014, if the changeover day happens in that financial year.\n(sec.657-ssec.2) A reference in section 142(1) or (4) (each a relevant provision ) to the service provider is taken to include a reference to the outgoing service provider.\n(sec.657-ssec.3) A reference in a relevant provision to the financial year for the services for which the service provider is registered is taken to include a reference only to that part of the financial year for which the outgoing service provider was registered for the services.\n(sec.657-ssec.4) In this section— relevant annual report means— the annual report required under section 141(1)(a) for the strategic asset management plan continued under section 654(2); or the annual report required under section 141(1)(c).\n- (a) the financial year ending on 30 June 2013, if— (i) the changeover day happens before 18 December 2013; and (ii) the outgoing service provider has not given a copy of the report to the regulator; and\n- (i) the changeover day happens before 18 December 2013; and\n- (ii) the outgoing service provider has not given a copy of the report to the regulator; and\n- (b) the financial year ending on 30 June 2014, if the changeover day happens in that financial year.\n- (i) the changeover day happens before 18 December 2013; and\n- (ii) the outgoing service provider has not given a copy of the report to the regulator; and\n- (a) the annual report required under section 141(1)(a) for the strategic asset management plan continued under section 654(2); or\n- (b) the annual report required under section 141(1)(c).","sortOrder":745},{"sectionNumber":"sec.658","sectionType":"section","heading":"References to outgoing service provider","content":"### sec.658 References to outgoing service provider\n\nA reference to the outgoing service provider in a plan, exemption or other document may, if the context permits, be taken to be a reference to the incoming service provider.\ns 658 ins 2013 No. 23 s 350","sortOrder":746},{"sectionNumber":"ch.10-pt.6-div.2","sectionType":"division","heading":"Other transitional provision","content":"## Other transitional provision","sortOrder":747},{"sectionNumber":"sec.659","sectionType":"section","heading":"Application of particular provisions—relevant recycled water scheme","content":"### sec.659 Application of particular provisions—relevant recycled water scheme\n\nSections 631 and 632 do not apply, and are taken never to have applied, to a relevant recycled water scheme.\nDespite section 633(1)—\nsection 633(2) applies, and is taken always to have applied, to a relevant recycled water scheme if recycled water was supplied under the scheme before 1 July 2008; and\nsection 633(3) applies, and is taken always to have applied, to a relevant recycled water scheme if recycled water is supplied under the scheme for the first time on or after 1 July 2008.\nHowever, section 633(2) or (3) ceases to apply to a relevant recycled water scheme if—\na recycled water management plan is approved for the scheme; or\nthe recycled water provider for the scheme is granted an exemption under section 253 from having an approved recycled water management plan.\nIn this section—\nrelevant recycled water scheme means a recycled water scheme under which recycled water is or was supplied to premises by way of a reticulation system that—\nis used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; and\nthat is not a dual reticulation system.\ns 659 ins 2013 No. 23 s 350\n(sec.659-ssec.1) Sections 631 and 632 do not apply, and are taken never to have applied, to a relevant recycled water scheme.\n(sec.659-ssec.2) Despite section 633(1)— section 633(2) applies, and is taken always to have applied, to a relevant recycled water scheme if recycled water was supplied under the scheme before 1 July 2008; and section 633(3) applies, and is taken always to have applied, to a relevant recycled water scheme if recycled water is supplied under the scheme for the first time on or after 1 July 2008.\n(sec.659-ssec.3) However, section 633(2) or (3) ceases to apply to a relevant recycled water scheme if— a recycled water management plan is approved for the scheme; or the recycled water provider for the scheme is granted an exemption under section 253 from having an approved recycled water management plan.\n(sec.659-ssec.4) In this section— relevant recycled water scheme means a recycled water scheme under which recycled water is or was supplied to premises by way of a reticulation system that— is used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; and that is not a dual reticulation system.\n- (a) section 633(2) applies, and is taken always to have applied, to a relevant recycled water scheme if recycled water was supplied under the scheme before 1 July 2008; and\n- (b) section 633(3) applies, and is taken always to have applied, to a relevant recycled water scheme if recycled water is supplied under the scheme for the first time on or after 1 July 2008.\n- (a) a recycled water management plan is approved for the scheme; or\n- (b) the recycled water provider for the scheme is granted an exemption under section 253 from having an approved recycled water management plan.\n- (a) is used only to provide recycled water for outdoor use or for use in flushing toilets or in washing machines; and\n- (b) that is not a dual reticulation system.","sortOrder":748},{"sectionNumber":"ch.10-pt.7","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":749},{"sectionNumber":"ch.10-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":750},{"sectionNumber":"sec.660","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.660 Definitions for pt 7\n\nIn this part—\namending Act means the Water Supply Services Legislation Amendment Act 2014 .\ncommencement means the commencement of the provision in which the term is used.\nformer , for a provision, means the provision as in force immediately before the repeal or amendment of the provision under the amending Act.\ns 660 ins 2014 No. 16 s 98","sortOrder":751},{"sectionNumber":"ch.10-pt.7-div.2","sectionType":"division","heading":"Provisions for chapter 3 of amending Act","content":"## Provisions for chapter 3 of amending Act","sortOrder":752},{"sectionNumber":"sec.661","sectionType":"section","heading":"Customer service standards continue to apply","content":"### sec.661 Customer service standards continue to apply\n\nIf, immediately before the commencement, a service provider’s customer service standard (the existing standard ) is in effect—\nsubject to subsection (2), the existing standard continues in effect on and after the commencement; and\nthe service provider must prepare a customer service standard (a new standard ) under chapter 2, part 4, division 3 no later than the later of the following two days—\n31 December 2014;\nthe day that is 6 months after the commencement.\nThe existing standard ceases to have effect when the new standard is published.\ns 661 ins 2014 No. 16 s 98\n(sec.661-ssec.1) If, immediately before the commencement, a service provider’s customer service standard (the existing standard ) is in effect— subject to subsection (2), the existing standard continues in effect on and after the commencement; and the service provider must prepare a customer service standard (a new standard ) under chapter 2, part 4, division 3 no later than the later of the following two days— 31 December 2014; the day that is 6 months after the commencement.\n(sec.661-ssec.2) The existing standard ceases to have effect when the new standard is published.\n- (a) subject to subsection (2), the existing standard continues in effect on and after the commencement; and\n- (b) the service provider must prepare a customer service standard (a new standard ) under chapter 2, part 4, division 3 no later than the later of the following two days— (i) 31 December 2014; (ii) the day that is 6 months after the commencement.\n- (i) 31 December 2014;\n- (ii) the day that is 6 months after the commencement.\n- (i) 31 December 2014;\n- (ii) the day that is 6 months after the commencement.","sortOrder":753},{"sectionNumber":"sec.662","sectionType":"section","heading":"Exemptions from having a recycled water management plan are revoked","content":"### sec.662 Exemptions from having a recycled water management plan are revoked\n\nAll exemptions from having an approved recycled water management plan under former section 253 are revoked.\nAll applications for an exemption under former section 250, made but not decided before the commencement, are taken to be withdrawn.\ns 662 ins 2014 No. 16 s 98\n(sec.662-ssec.1) All exemptions from having an approved recycled water management plan under former section 253 are revoked.\n(sec.662-ssec.2) All applications for an exemption under former section 250, made but not decided before the commencement, are taken to be withdrawn.","sortOrder":754},{"sectionNumber":"sec.663","sectionType":"section","heading":"Particular approved recycled water management plans of no effect","content":"### sec.663 Particular approved recycled water management plans of no effect\n\nThis section applies to a recycled water management plan—\nin effect immediately before the commencement; or\nin effect after the commencement, if the application for approving the plan was made, but not decided, before the commencement.\nThe plan is of no effect to the extent it relates to a supply of recycled water under a recycled water scheme that, under section 196, does not require an approved recycled water management plan.\ns 663 ins 2014 No. 16 s 98\n(sec.663-ssec.1) This section applies to a recycled water management plan— in effect immediately before the commencement; or in effect after the commencement, if the application for approving the plan was made, but not decided, before the commencement.\n(sec.663-ssec.2) The plan is of no effect to the extent it relates to a supply of recycled water under a recycled water scheme that, under section 196, does not require an approved recycled water management plan.\n- (a) in effect immediately before the commencement; or\n- (b) in effect after the commencement, if the application for approving the plan was made, but not decided, before the commencement.","sortOrder":755},{"sectionNumber":"sec.664","sectionType":"section","heading":"Particular recycled water providers must apply for registration of recycled water scheme","content":"### sec.664 Particular recycled water providers must apply for registration of recycled water scheme\n\nThis section applies to a relevant entity for a recycled water scheme supplying recycled water under the scheme on the commencement.\nFor section 196AA(1), the deadline for the relevant entity is 1 July 2014.\nTo remove any doubt, this section does not oblige the relevant entity to register a CSG recycled water scheme.\ns 664 ins 2014 No. 16 s 98\n(sec.664-ssec.1) This section applies to a relevant entity for a recycled water scheme supplying recycled water under the scheme on the commencement.\n(sec.664-ssec.2) For section 196AA(1), the deadline for the relevant entity is 1 July 2014.\n(sec.664-ssec.3) To remove any doubt, this section does not oblige the relevant entity to register a CSG recycled water scheme.","sortOrder":756},{"sectionNumber":"ch.10-pt.7-div.3","sectionType":"division","heading":"Provisions for chapter 2 of amending Act","content":"## Provisions for chapter 2 of amending Act","sortOrder":757},{"sectionNumber":"sec.665","sectionType":"section","heading":"Continuation of requests for connection","content":"### sec.665 Continuation of requests for connection\n\nThis section applies if—\nbefore the commencement, an owner of premises asked a service provider to connect the owner’s premises to the service provider’s infrastructure; and\nimmediately before the commencement, the owner’s premises were not connected to the service provider’s infrastructure.\nFormer chapter 2, part 5 continues to apply to the connection of the owner’s premises as if the amending Act had not commenced.\ns 665 ins 2014 No. 16 s 42\n(sec.665-ssec.1) This section applies if— before the commencement, an owner of premises asked a service provider to connect the owner’s premises to the service provider’s infrastructure; and immediately before the commencement, the owner’s premises were not connected to the service provider’s infrastructure.\n(sec.665-ssec.2) Former chapter 2, part 5 continues to apply to the connection of the owner’s premises as if the amending Act had not commenced.\n- (a) before the commencement, an owner of premises asked a service provider to connect the owner’s premises to the service provider’s infrastructure; and\n- (b) immediately before the commencement, the owner’s premises were not connected to the service provider’s infrastructure.","sortOrder":758},{"sectionNumber":"sec.666","sectionType":"section","heading":"Continuation of notices requiring connection","content":"### sec.666 Continuation of notices requiring connection\n\nThis section applies if—\nbefore the commencement, a service provider required an owner of premises to carry out works for connecting the premises to a registered service; and\nimmediately before the commencement, the owner had not satisfactorily finished the works.\nFormer chapter 2, part 5 continues to apply to the connection of the owner’s premises as if the amending Act had not commenced.\ns 666 ins 2014 No. 16 s 42\n(sec.666-ssec.1) This section applies if— before the commencement, a service provider required an owner of premises to carry out works for connecting the premises to a registered service; and immediately before the commencement, the owner had not satisfactorily finished the works.\n(sec.666-ssec.2) Former chapter 2, part 5 continues to apply to the connection of the owner’s premises as if the amending Act had not commenced.\n- (a) before the commencement, a service provider required an owner of premises to carry out works for connecting the premises to a registered service; and\n- (b) immediately before the commencement, the owner had not satisfactorily finished the works.","sortOrder":759},{"sectionNumber":"ch.10-pt.8","sectionType":"part","heading":"Transitional provisions for Electricity and Other Legislation Amendment Act 2014","content":"# Transitional provisions for Electricity and Other Legislation Amendment Act 2014","sortOrder":760},{"sectionNumber":"sec.667","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.667 Definitions for pt 8\n\nIn this part—\nadministering authority means the administering authority under the Environmental Protection Act 1994 .\ncoal seam gas means petroleum (in any state) occurring naturally in association with coal or oil shale, or in strata associated with coal or oil shale mining.\ncoal seam gas water means underground water brought to the surface of the earth in connection with exploring for or producing coal seam gas, and includes coal seam gas water—\nwhether it is treated or untreated; or\nthat is mixed with other water.\ncommencement means the commencement of this section.\nCSG environmental authority means an environmental authority for a CSG activity issued under the Environmental Protection Act 1994 .\npre-amended Act means this Act as in force before its amendment by the Electricity and Other Legislation Amendment Act 2014 , part 4.\npublic health conditions means conditions or requirements about—\nprotecting public health; and\nassessing and minimising any impacts the release of coal seam gas water may have on human health.\nspecific approval means a specific approval under the Waste Reduction and Recycling Act 2011 .\ns 667 ins 2014 No. 31 s 43\n- (a) whether it is treated or untreated; or\n- (b) that is mixed with other water.\n- (a) protecting public health; and\n- (b) assessing and minimising any impacts the release of coal seam gas water may have on human health.","sortOrder":761},{"sectionNumber":"sec.668","sectionType":"section","heading":"Continuation of recycled water management plan and exclusion decision","content":"### sec.668 Continuation of recycled water management plan and exclusion decision\n\nThis section applies to the following in effect immediately before the commencement—\na recycled water management plan that relates to coal seam gas water that augments a supply of drinking water;\nan exclusion decision.\nOn and from the commencement, the plan or decision continues in effect under the pre-amended Act until the earlier of the following—\nthe CSG environmental authority or a specific approval to which the plan or decision relates is amended to include public health conditions that are consistent with the plan or decision;\n1 July 2015.\ns 668 ins 2014 No. 31 s 43\n(sec.668-ssec.1) This section applies to the following in effect immediately before the commencement— a recycled water management plan that relates to coal seam gas water that augments a supply of drinking water; an exclusion decision.\n(sec.668-ssec.2) On and from the commencement, the plan or decision continues in effect under the pre-amended Act until the earlier of the following— the CSG environmental authority or a specific approval to which the plan or decision relates is amended to include public health conditions that are consistent with the plan or decision; 1 July 2015.\n- (a) a recycled water management plan that relates to coal seam gas water that augments a supply of drinking water;\n- (b) an exclusion decision.\n- (a) the CSG environmental authority or a specific approval to which the plan or decision relates is amended to include public health conditions that are consistent with the plan or decision;\n- (b) 1 July 2015.","sortOrder":762},{"sectionNumber":"sec.669","sectionType":"section","heading":"Continuation of interim recycled water management plan","content":"### sec.669 Continuation of interim recycled water management plan\n\nThis section applies to an interim recycled water management plan in effect immediately before the commencement.\nOn and from the commencement, the interim plan continues in effect under the pre-amended Act until the earlier of the following—\nthe CSG environmental authority or a specific approval to which the interim plan relates is amended to include public health conditions that are consistent with the interim plan;\n1 July 2015.\nDespite section 329G of the pre-amended Act, the approval of the interim plan continues until the interim plan ceases to have effect under subsection (2).\ns 669 ins 2014 No. 31 s 43\n(sec.669-ssec.1) This section applies to an interim recycled water management plan in effect immediately before the commencement.\n(sec.669-ssec.2) On and from the commencement, the interim plan continues in effect under the pre-amended Act until the earlier of the following— the CSG environmental authority or a specific approval to which the interim plan relates is amended to include public health conditions that are consistent with the interim plan; 1 July 2015.\n(sec.669-ssec.3) Despite section 329G of the pre-amended Act, the approval of the interim plan continues until the interim plan ceases to have effect under subsection (2).\n- (a) the CSG environmental authority or a specific approval to which the interim plan relates is amended to include public health conditions that are consistent with the interim plan;\n- (b) 1 July 2015.","sortOrder":763},{"sectionNumber":"sec.670","sectionType":"section","heading":"Amending CSG environmental authority related to particular plan or decision","content":"### sec.670 Amending CSG environmental authority related to particular plan or decision\n\nThis section applies to a CSG environmental authority that relates to a recycled water management plan, interim recycled water management plan or exclusion decision continued in effect under section 668 or 669.\nDespite the Environmental Protection Act 1994 , section 215, the administering authority may amend the CSG environmental authority to include public health conditions that are consistent with the plan, interim plan or decision to which the authority relates.\nHowever, the administering authority may only act under subsection (2)—\nif it considers the amendment is necessary or desirable; and\nif the procedure under the Environmental Protection Act 1994 , chapter 5, part 6, division 2 is followed; and\nwhile the plan, interim plan or decision is in effect.\nThis section does not limit any power of the administering authority under the Environmental Protection Act 1994 in relation to the CSG environmental authority.\ns 670 ins 2014 No. 31 s 43\n(sec.670-ssec.1) This section applies to a CSG environmental authority that relates to a recycled water management plan, interim recycled water management plan or exclusion decision continued in effect under section 668 or 669.\n(sec.670-ssec.2) Despite the Environmental Protection Act 1994 , section 215, the administering authority may amend the CSG environmental authority to include public health conditions that are consistent with the plan, interim plan or decision to which the authority relates.\n(sec.670-ssec.3) However, the administering authority may only act under subsection (2)— if it considers the amendment is necessary or desirable; and if the procedure under the Environmental Protection Act 1994 , chapter 5, part 6, division 2 is followed; and while the plan, interim plan or decision is in effect.\n(sec.670-ssec.4) This section does not limit any power of the administering authority under the Environmental Protection Act 1994 in relation to the CSG environmental authority.\n- (a) if it considers the amendment is necessary or desirable; and\n- (b) if the procedure under the Environmental Protection Act 1994 , chapter 5, part 6, division 2 is followed; and\n- (c) while the plan, interim plan or decision is in effect.","sortOrder":764},{"sectionNumber":"sec.671","sectionType":"section","heading":"Amending other CSG environmental authorities","content":"### sec.671 Amending other CSG environmental authorities\n\nThis section applies to a CSG environmental authority, other than a CSG environmental authority mentioned in section 670.\nDespite the Environmental Protection Act 1994 , section 215, the administering authority may amend the CSG environmental authority to include public health conditions.\nThe administering authority may only act under subsection (2)—\nif it considers the amendment is necessary or desirable; and\nif the procedure under the Environmental Protection Act 1994 , chapter 5, part 6, division 2 is followed; and\nbefore 1 July 2015.\nThis section does not limit any power of the administering authority under the Environmental Protection Act 1994 in relation to the CSG environmental authority.\ns 671 ins 2014 No. 31 s 43\n(sec.671-ssec.1) This section applies to a CSG environmental authority, other than a CSG environmental authority mentioned in section 670.\n(sec.671-ssec.2) Despite the Environmental Protection Act 1994 , section 215, the administering authority may amend the CSG environmental authority to include public health conditions.\n(sec.671-ssec.3) The administering authority may only act under subsection (2)— if it considers the amendment is necessary or desirable; and if the procedure under the Environmental Protection Act 1994 , chapter 5, part 6, division 2 is followed; and before 1 July 2015.\n(sec.671-ssec.4) This section does not limit any power of the administering authority under the Environmental Protection Act 1994 in relation to the CSG environmental authority.\n- (a) if it considers the amendment is necessary or desirable; and\n- (b) if the procedure under the Environmental Protection Act 1994 , chapter 5, part 6, division 2 is followed; and\n- (c) before 1 July 2015.","sortOrder":765},{"sectionNumber":"ch.10-pt.9","sectionType":"part","heading":"Transitional provision for Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015","content":"# Transitional provision for Payroll Tax Rebate, Revenue and Other Legislation Amendment Act 2015","sortOrder":766},{"sectionNumber":"sec.672","sectionType":"section","heading":"Authorised person’s power to enter places","content":"### sec.672 Authorised person’s power to enter places\n\nFor 18 months after the commencement, section 36(1) is taken to include the power for an authorised person to enter a place to install a meter at that place.\ns 672 ins 2015 No. 4 s 87","sortOrder":767},{"sectionNumber":"ch.10-pt.10","sectionType":"part","heading":"Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":768},{"sectionNumber":"sec.673","sectionType":"section","heading":"Existing development applications","content":"### sec.673 Existing development applications\n\nThis section applies to an existing development application to which former chapter 8, part 2 applied.\nFormer chapter 8, part 2 continues to apply in relation to the application as if the Planning (Consequential) and Other Legislation Amendment Act 2016 had not been enacted.\nIn this section—\nexisting development application means a development application made under the repealed Sustainable Planning Act 2009 , to which the Planning Act, section 288 applies.\nformer chapter 8, part 2 means chapter 8, part 2 as in force immediately before the commencement.\ns 673 ins 2016 No. 27 s 694\n(sec.673-ssec.1) This section applies to an existing development application to which former chapter 8, part 2 applied.\n(sec.673-ssec.2) Former chapter 8, part 2 continues to apply in relation to the application as if the Planning (Consequential) and Other Legislation Amendment Act 2016 had not been enacted.\n(sec.673-ssec.3) In this section— existing development application means a development application made under the repealed Sustainable Planning Act 2009 , to which the Planning Act, section 288 applies. former chapter 8, part 2 means chapter 8, part 2 as in force immediately before the commencement.","sortOrder":769},{"sectionNumber":"ch.10-pt.11","sectionType":"part","heading":"Transitional provision for Water Legislation (Dam Safety) Amendment Act 2017","content":"# Transitional provision for Water Legislation (Dam Safety) Amendment Act 2017","sortOrder":770},{"sectionNumber":"sec.674","sectionType":"section","heading":"Application of s 352K for emergency action plans given to chief executive before commencement","content":"### sec.674 Application of s 352K for emergency action plans given to chief executive before commencement\n\nThis section applies to an emergency action plan given to the chief executive under previous chapter 4, part 1, division 2A if, immediately before the commencement, the chief executive had not decided to approve or refuse to approve the plan under previous section 352I.\nFor section 352K(4), the plan is taken to have been given to the chief executive on the commencement.\nIn this section—\nprevious , followed by a provision number, means the provision as in force immediately before the commencement.\ns 674 ins 2017 No. 11 s 29\n(sec.674-ssec.1) This section applies to an emergency action plan given to the chief executive under previous chapter 4, part 1, division 2A if, immediately before the commencement, the chief executive had not decided to approve or refuse to approve the plan under previous section 352I.\n(sec.674-ssec.2) For section 352K(4), the plan is taken to have been given to the chief executive on the commencement.\n(sec.674-ssec.3) In this section— previous , followed by a provision number, means the provision as in force immediately before the commencement.","sortOrder":771},{"sectionNumber":"ch.10-pt.12","sectionType":"part","heading":"Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019","sortOrder":772},{"sectionNumber":"sec.675","sectionType":"section","heading":"Definition for part","content":"### sec.675 Definition for part\n\nIn this part—\nformer , in relation to a provision, means as in force from time to time before the commencement of the section in which the term is used.\ns 675 ins 2019 No. 17 s 353","sortOrder":773},{"sectionNumber":"sec.676","sectionType":"section","heading":"Application of new s 161","content":"### sec.676 Application of new s 161\n\nThis section applies if, immediately before the commencement, a local government or a local government entity supplied a reticulated water service or sewerage service (the service ) in the local government area for the local government.\nIf the local government declared a service area for the service under former section 161(1)—\nthe service area is taken to be declared, under new section 161(2), as a service area for the service; and\nthe local government or the local government entity is taken to be declared, under new section 161(2), as the service provider for the service in the service area.\nIf the local government had not declared a service area for the service under former section 161(1)—\nnew section 161(3) does not apply to the local government; and\nthe local government must make a declaration in relation to the service under new section 161(2) within 1 year of the commencement.\nIn this section—\nnew , in relation to a provision, means as in force on the commencement.\nreticulated water service see section 161(10).\ns 676 ins 2019 No. 17 s 353\n(sec.676-ssec.1) This section applies if, immediately before the commencement, a local government or a local government entity supplied a reticulated water service or sewerage service (the service ) in the local government area for the local government.\n(sec.676-ssec.2) If the local government declared a service area for the service under former section 161(1)— the service area is taken to be declared, under new section 161(2), as a service area for the service; and the local government or the local government entity is taken to be declared, under new section 161(2), as the service provider for the service in the service area.\n(sec.676-ssec.3) If the local government had not declared a service area for the service under former section 161(1)— new section 161(3) does not apply to the local government; and the local government must make a declaration in relation to the service under new section 161(2) within 1 year of the commencement.\n(sec.676-ssec.4) In this section— new , in relation to a provision, means as in force on the commencement. reticulated water service see section 161(10).\n- (a) the service area is taken to be declared, under new section 161(2), as a service area for the service; and\n- (b) the local government or the local government entity is taken to be declared, under new section 161(2), as the service provider for the service in the service area.\n- (a) new section 161(3) does not apply to the local government; and\n- (b) the local government must make a declaration in relation to the service under new section 161(2) within 1 year of the commencement.","sortOrder":774},{"sectionNumber":"sec.677","sectionType":"section","heading":"Continued application of former s 390","content":"### sec.677 Continued application of former s 390\n\nFormer section 390(4)(b)(ii) continues to apply in relation to a declaration made under that section before the commencement.\ns 677 ins 2019 No. 17 s 353","sortOrder":775},{"sectionNumber":"ch.10-pt.13","sectionType":"part","heading":"Transitional provisions for Water Legislation Amendment Act 2023","content":"# Transitional provisions for Water Legislation Amendment Act 2023","sortOrder":776},{"sectionNumber":"sec.678","sectionType":"section","heading":"Definition for part","content":"### sec.678 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 678 ins 2023 No. 24 s 73","sortOrder":777},{"sectionNumber":"sec.679","sectionType":"section","heading":"Saving of former s 110 in relation to failure to give drinking water quality management plan audit report before commencement","content":"### sec.679 Saving of former s 110 in relation to failure to give drinking water quality management plan audit report before commencement\n\nThis section applies if, before the commencement, a service provider failed to give the regulator a drinking water quality management plan audit report under former section 108(1)(c).\nFormer section 110(1)(b) continues to apply in relation to a spot audit report about the plan as if the Water Legislation Amendment Act 2023 had not been enacted.\ns 679 ins 2023 No. 24 s 73\n(sec.679-ssec.1) This section applies if, before the commencement, a service provider failed to give the regulator a drinking water quality management plan audit report under former section 108(1)(c).\n(sec.679-ssec.2) Former section 110(1)(b) continues to apply in relation to a spot audit report about the plan as if the Water Legislation Amendment Act 2023 had not been enacted.","sortOrder":778},{"sectionNumber":"sec.680","sectionType":"section","heading":"References to particular existing reports","content":"### sec.680 References to particular existing reports\n\nFrom the commencement—\na reference, in section 142(3)(d), 575(1)(c) or 575A(1)(b), to a drinking water quality management plan audit report is taken to include a reference to a drinking water quality management plan audit report prepared under former section 108(1)(b); and\na reference, in section 142A(3)(c), 575(1)(d) or 575A(1)(c), to a performance audit report is taken to include a reference to a performance audit report prepared under former section 108A(1)(b); and\na reference, in section 575(1)(f), 578A(1)(d) or 578B(a), to a drinking water service annual report is taken to include a reference to a drinking water quality management plan report prepared under former section 142(2)(a); and\na reference, in section 273(2)(c), to an internal audit report is taken to include a reference to an internal audit report prepared under former section 260; and\na reference, in section 273(2)(c) or 576, to a regular audit report is taken to include a reference to a regular audit report prepared under former section 261.\ns 680 ins 2023 No. 24 s 73\n- (a) a reference, in section 142(3)(d), 575(1)(c) or 575A(1)(b), to a drinking water quality management plan audit report is taken to include a reference to a drinking water quality management plan audit report prepared under former section 108(1)(b); and\n- (b) a reference, in section 142A(3)(c), 575(1)(d) or 575A(1)(c), to a performance audit report is taken to include a reference to a performance audit report prepared under former section 108A(1)(b); and\n- (c) a reference, in section 575(1)(f), 578A(1)(d) or 578B(a), to a drinking water service annual report is taken to include a reference to a drinking water quality management plan report prepared under former section 142(2)(a); and\n- (d) a reference, in section 273(2)(c), to an internal audit report is taken to include a reference to an internal audit report prepared under former section 260; and\n- (e) a reference, in section 273(2)(c) or 576, to a regular audit report is taken to include a reference to a regular audit report prepared under former section 261.","sortOrder":779},{"sectionNumber":"sec.681","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.681 Proceedings for particular offences\n\nThis section applies in relation to a relevant former offence if the acts or omissions constituting the offence occurred—\nentirely before the commencement; or\nboth before and after the commencement.\nWithout limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person charged with the offence may be convicted of and punished for the offence, as if the Water Legislation Amendment Act 2023 had not been enacted.\nSubsection (2) applies despite the Criminal Code, section 11.\nIn this section—\nrelevant former offence means an offence against any of the following provisions—\nformer section 108(1);\nformer section 108A(1);\nformer section 260(1);\nformer section 260(2);\nformer section 261(1);\nformer section 261(2).\ns 681 ins 2023 No. 24 s 73\n(sec.681-ssec.1) This section applies in relation to a relevant former offence if the acts or omissions constituting the offence occurred— entirely before the commencement; or both before and after the commencement.\n(sec.681-ssec.2) Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person charged with the offence may be convicted of and punished for the offence, as if the Water Legislation Amendment Act 2023 had not been enacted.\n(sec.681-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n(sec.681-ssec.4) In this section— relevant former offence means an offence against any of the following provisions— former section 108(1); former section 108A(1); former section 260(1); former section 260(2); former section 261(1); former section 261(2).\n- (a) entirely before the commencement; or\n- (b) both before and after the commencement.\n- (a) former section 108(1);\n- (b) former section 108A(1);\n- (c) former section 260(1);\n- (d) former section 260(2);\n- (e) former section 261(1);\n- (f) former section 261(2).","sortOrder":780}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 2008 scope focused primarily on registering service providers and ensuring reliable water and sewerage services. Over time, amendments substantially expanded scope to include: a separate registration regime for recycled water schemes (added 2014); detailed provisions for transfer of service provider registrations including prescribed related entity arrangements (substantially rewritten 2013); water supply emergency powers; and integration with the Water Act's demand management and emergency frameworks. The recycled water provisions in particular represent a meaningful expansion beyond the original service provider registration and compliance focus."},"complexity_factors":["Multiple overlapping entity types with different obligations: local governments, water authorities, infrastructure owners, prescribed related entities, operating agents, recycled water providers, scheme managers, and declared entities","Complex transfer-of-registration provisions requiring tracking of 'current infrastructure owners', 'outgoing related entities', 'incoming related entities', and 'new infrastructure owners' across multiple scenarios","Nested cross-references between sections (e.g., s25B references s25A, s25, s20, creating chains of dependency that require reading multiple provisions together)","Dual registration systems running in parallel — one for general service providers and one for recycled water schemes — with distinct rules for each","Conditional obligations that change depending on whether the service provider is the infrastructure owner or a 'prescribed related entity', requiring constant contextual interpretation","Water restriction powers depend on multiple external triggers including references to the Water Act, water supply emergency declarations, regulations, and regulator directions","Significant reliance on delegated legislation (regulations) to define key elements like fees, prescribed related entities, and non-delegable functions","Compliance notice carryover provisions on transfer of registration introduce temporal complexity around when obligations start and deadlines reset","Multiple amendments over 15+ years (2009, 2010, 2012, 2013, 2014, 2015, 2017, 2018, 2019, 2020, 2023) creating layered legislative history that affects how provisions interact","Information privacy carve-outs and confidentiality obligations adding a further compliance layer for the regulator's publication powers"],"plain_english_summary":"## Water Supply (Safety and Reliability) Act 2008 (Queensland)\n\n### What is this law?\nThis is a Queensland law that sets up a regulatory system to make sure water and sewerage (wastewater) services across the state are delivered safely and reliably. Think of it as the rulebook for anyone who runs water pipes or sewage systems — from local councils to private companies.\n\n### Who does it affect?\n- **Households and businesses** receiving water or sewage services — the law protects your water quality and supply security\n- **Water service providers** (local councils, water authorities, private companies) who must register with the government and follow strict rules\n- **Recycled water scheme operators** who must register separately and meet safety standards\n- **Infrastructure owners** (those who own the pipes, dams, treatment plants) who have obligations even if someone else runs the day-to-day operations\n\n### What does it actually do?\n\n**1. Creates a Regulator**\nThe chief executive of the relevant Queensland Government department acts as the 'regulator' — the watchdog who enforces the rules, keeps records, and can step in when things go wrong.\n\n**2. Requires Service Providers to Register**\nAnyone supplying water or sewerage services must register before they start operating. This includes councils, water authorities, and private companies. Operating without registration is illegal. The register is publicly available online.\n\n**3. Manages Recycled Water Separately**\nRecycled water schemes (where treated wastewater is reused) have their own registration system. These schemes can be run by one organisation or multiple organisations working together, with different rules for each arrangement.\n\n**4. Controls Service Provider Transfers**\nIf a water service changes hands — for example, when infrastructure is sold — there are strict rules about how the registration must be transferred to ensure service continuity. The government can step in if services are at risk of stopping.\n\n**5. Powers to Enter Property**\nAuthorised officers (employees of service providers) can enter your property (but not your home) to inspect, repair or replace infrastructure, read meters, or disconnect unauthorised connections. They must usually give 14 days' notice, except in emergencies.\n\n**6. Water Restrictions**\nService providers can restrict how much water you use, when you use it, and what you use it for — but only under specific circumstances like drought, supply emergencies, or government direction. The regulator can order restrictions across regions, including directing one area to restrict usage to help supply water to another area in crisis.\n\n**7. Penalties**\nFailing to comply with key obligations carries significant financial penalties — for example, not giving 60 business days' notice before stopping supply can result in fines of up to 1,000 penalty units (approximately $161,300 in Queensland as of 2024).\n\n### Why does it matter to you?\nThis law is the reason your tap water is reliably delivered and meets safety standards. It ensures that if your water company wants to stop operating or sell up, there are protections in place so your service isn't simply cut off. It also means that in a drought or water emergency, the government has clear legal power to impose water restrictions across Queensland."},"kimi_summary":{"_metrics":{"completionTokens":727},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2008 scope. Major additions include: comprehensive recycled water scheme regulation (Chapter 3, Part 1A added 2010/2014), critical recycled water scheme declarations and dispute resolution (Parts 8-9), emergency action planning for dams with disaster management integration (Division 2A of Part 1, Chapter 4), flood mitigation manuals for referable dams (Part 2, Chapter 4, added 2012), and enhanced reporting obligations including performance reports and KPIs. The 2014 amendments substantially restructured drinking water quality management and added recycled water registration requirements."},"complexity_factors":["Multiple overlapping regulatory schemes (drinking water, recycled water, dams, sewerage) with different approval processes","Extensive cross-referencing between chapters and to other legislation (Disaster Management Act, Planning Act, Water Act, etc.)","Nested conditional requirements (e.g., different rules for single-entity vs multiple-entity recycled water schemes)","Numerous defined terms with technical meanings (e.g., 'prescribed related entity', 'relevant infrastructure owner', 'critical recycled water scheme')","Multiple approval, review, and audit cycles with varying timeframes (annual, 5-yearly, triggered by events)","Complex penalty structures with executive liability provisions and tiered penalties based on entity type","Conditional exemptions and special rules for specific entities (distributor-retailers, SEQ councils, small service providers)","Emergency powers with immediate effect provisions and subsequent procedural requirements"],"plain_english_summary":"This is the **Water Supply (Safety and Reliability) Act 2008** (Queensland), a comprehensive law that regulates how water and sewerage services are provided to ensure they are safe, reliable, and sustainable.\n\n**What it does:**\n\n- **Establishes a regulator** (the chief executive) who oversees service providers, maintains registers, sets standards, and monitors compliance.\n- **Requires registration** of all entities that supply water or sewerage services, including local governments, water authorities, and private operators.\n- **Mandates drinking water quality management plans** for providers of drinking water, requiring them to identify hazards, assess risks, and demonstrate how they will manage water quality to protect public health.\n- **Regulates recycled water schemes** through registration, management plans, and strict safety requirements—especially for \"critical\" schemes that augment drinking water supplies or use dual reticulation systems.\n- **Controls referable dams** (dams that could endanger 2+ people if they failed) through failure impact assessments, emergency action plans, and safety conditions.\n- **Sets customer protection standards** including requirements for service providers to publish customer service standards, handle complaints, and report on performance.\n- **Provides enforcement powers** including entry to property, disconnection of unauthorised connections, compliance notices, and significant penalties for offences.\n\n**Who it affects:**\n\n- Water and sewerage service providers (local governments, water authorities, private companies)\n- Owners and operators of dams\n- Customers receiving water services\n- Businesses discharging trade waste or recycled water\n\n**Why it matters:**\n\nThe Act creates a framework to prevent waterborne disease outbreaks, ensure continuity of supply during droughts or emergencies, protect communities from dam failures, and give customers rights when service standards aren't met. It balances public health protection with practical operational flexibility for service providers."}},"importantCases":[],"_links":{"self":"/api/acts/water-supply-safety-and-reliability-act-2008","history":"/api/acts/water-supply-safety-and-reliability-act-2008/history","analysis":"/api/acts/water-supply-safety-and-reliability-act-2008/analysis","conflicts":"/api/acts/water-supply-safety-and-reliability-act-2008/conflicts","importantCases":"/api/acts/water-supply-safety-and-reliability-act-2008/important-cases","documents":"/api/acts/water-supply-safety-and-reliability-act-2008/documents"}}