sec.157Validation of particular infrastructure charges schedules etc.

### sec.157 Validation of particular infrastructure charges schedules etc. This section applies if, before the commencement— an infrastructure charges schedule was purportedly adopted under this Act by an SEQ service provider that is a distributor-retailer; and a requirement of section 99BRCE, 99BRCF or 99BRCG was not complied with in relation to— the adoption of the schedule by the distributor-retailer’s board; or a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision. It is declared that— the infrastructure charges schedule is taken to be, and always to have been, as valid as it would have been if the schedule had been adopted by the distributor-retailer’s board in compliance with section 99BRCE; and the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the decision had been made in compliance with section 99BRCF; and if the board decision for a relevant adopted charge did not state the day when the charge was to take effect—the board decision is taken to have stated the charge was to take effect on the day the decision was made; and an automatic increase provision of the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the provision had stated how increases under it are to be worked out; and section 99BRCG(4) does not apply, and is taken never to have applied, in relation to an automatic increase provision for a relevant adopted charge. Also, it is declared that anything done, or to be done, by an entity in relation to the infrastructure charges schedule, relevant adopted charge or automatic increase provision for a relevant adopted charge is, and always has been, as valid as it would be or would have been if— the schedule had been adopted in compliance with section 99BRCE; and the board decision for the relevant charge had been made in compliance with section 99BRCF; and for a relevant adopted charge mentioned in subsection (2)(c)—the board decision had stated the charge was to take effect on the day the decision was made; and section 99BRCG(4) did not apply, and had never applied, in relation to an automatic increase provision for a relevant adopted charge. the levying of an adopted charge included in the schedule, including the giving of an infrastructure charges notice, by the distributor-retailer under section 99BRCI the adoption of a water netserv plan, or an amendment of a water netserv plan, under chapter 4B that includes the schedule as a charges schedule the levying of an automatic increase in levied charges in reliance on the automatic increase provision In this section— adopted charge see section 99BRCF(1). automatic increase provision see section 99BRCG(3)(b). board decision , for an adopted charge, see section 99BRCF(1). done includes purportedly done. infrastructure charges schedule see section 99BRCD. s 157 ins 2025 No. 1 s 30 (sec.157-ssec.1) This section applies if, before the commencement— an infrastructure charges schedule was purportedly adopted under this Act by an SEQ service provider that is a distributor-retailer; and a requirement of section 99BRCE, 99BRCF or 99BRCG was not complied with in relation to— the adoption of the schedule by the distributor-retailer’s board; or a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision. (sec.157-ssec.2) It is declared that— the infrastructure charges schedule is taken to be, and always to have been, as valid as it would have been if the schedule had been adopted by the distributor-retailer’s board in compliance with section 99BRCE; and the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the decision had been made in compliance with section 99BRCF; and if the board decision for a relevant adopted charge did not state the day when the charge was to take effect—the board decision is taken to have stated the charge was to take effect on the day the decision was made; and an automatic increase provision of the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the provision had stated how increases under it are to be worked out; and section 99BRCG(4) does not apply, and is taken never to have applied, in relation to an automatic increase provision for a relevant adopted charge. (sec.157-ssec.3) Also, it is declared that anything done, or to be done, by an entity in relation to the infrastructure charges schedule, relevant adopted charge or automatic increase provision for a relevant adopted charge is, and always has been, as valid as it would be or would have been if— the schedule had been adopted in compliance with section 99BRCE; and the board decision for the relevant charge had been made in compliance with section 99BRCF; and for a relevant adopted charge mentioned in subsection (2)(c)—the board decision had stated the charge was to take effect on the day the decision was made; and section 99BRCG(4) did not apply, and had never applied, in relation to an automatic increase provision for a relevant adopted charge. the levying of an adopted charge included in the schedule, including the giving of an infrastructure charges notice, by the distributor-retailer under section 99BRCI the adoption of a water netserv plan, or an amendment of a water netserv plan, under chapter 4B that includes the schedule as a charges schedule the levying of an automatic increase in levied charges in reliance on the automatic increase provision (sec.157-ssec.4) In this section— adopted charge see section 99BRCF(1). automatic increase provision see section 99BRCG(3)(b). board decision , for an adopted charge, see section 99BRCF(1). done includes purportedly done. infrastructure charges schedule see section 99BRCD. - (a) an infrastructure charges schedule was purportedly adopted under this Act by an SEQ service provider that is a distributor-retailer; and - (b) a requirement of section 99BRCE, 99BRCF or 99BRCG was not complied with in relation to— (i) the adoption of the schedule by the distributor-retailer’s board; or (ii) a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision. - (i) the adoption of the schedule by the distributor-retailer’s board; or - (ii) a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision. - (i) the adoption of the schedule by the distributor-retailer’s board; or - (ii) a board decision for an adopted charge included in the schedule (a relevant adopted charge ), including an automatic increase provision of the decision. - (a) the infrastructure charges schedule is taken to be, and always to have been, as valid as it would have been if the schedule had been adopted by the distributor-retailer’s board in compliance with section 99BRCE; and - (b) the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the decision had been made in compliance with section 99BRCF; and - (c) if the board decision for a relevant adopted charge did not state the day when the charge was to take effect—the board decision is taken to have stated the charge was to take effect on the day the decision was made; and - (d) an automatic increase provision of the board decision for a relevant adopted charge is taken to be, and always to have been, as valid as it would have been if the provision had stated how increases under it are to be worked out; and - (e) section 99BRCG(4) does not apply, and is taken never to have applied, in relation to an automatic increase provision for a relevant adopted charge. - (a) the schedule had been adopted in compliance with section 99BRCE; and - (b) the board decision for the relevant charge had been made in compliance with section 99BRCF; and - (c) for a relevant adopted charge mentioned in subsection (2)(c)—the board decision had stated the charge was to take effect on the day the decision was made; and - (d) section 99BRCG(4) did not apply, and had never applied, in relation to an automatic increase provision for a relevant adopted charge. - • the levying of an adopted charge included in the schedule, including the giving of an infrastructure charges notice, by the distributor-retailer under section 99BRCI - • the adoption of a water netserv plan, or an amendment of a water netserv plan, under chapter 4B that includes the schedule as a charges schedule - • the levying of an automatic increase in levied charges in reliance on the automatic increase provision