QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.53DNERequirements for water connection compliance notice
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### sec.53DNE Requirements for water connection compliance notice
A water connection compliance notice must state the following—
that the distributor-retailer or water connection officer reasonably believes the person—
is contravening a provision of chapter 4C , part 5 ; or
has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated;
the provision the distributor-retailer or water connection officer believes is being, or has been, contravened;
briefly, how it is believed the provision is being, or has been, contravened;
that the person must remedy the contravention within a stated reasonable period;
that it is an offence to fail to comply with the notice unless the person has a reasonable excuse;
that, within 20 business days after the notice is given, the person may appeal against the decision to give the notice;
how the person may apply for the appeal.
A water connection compliance notice may also state—
the reasonable steps that the distributor-retailer or water connection officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or
performance outcomes to show that the contravention has been remedied or the further contravention will be avoided.
If a water connection compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved.
If a water connection compliance notice requires the person to refrain from doing an act, it also must state—
a period for which the requirement applies; or
that the requirement applies until further notice.
s 53DNE ins 2014 No. 16 s 12
(sec.53DNE-ssec.1) A water connection compliance notice must state the following— that the distributor-retailer or water connection officer reasonably believes the person— is contravening a provision of chapter 4C , part 5 ; or has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated; the provision the distributor-retailer or water connection officer believes is being, or has been, contravened; briefly, how it is believed the provision is being, or has been, contravened; that the person must remedy the contravention within a stated reasonable period; that it is an offence to fail to comply with the notice unless the person has a reasonable excuse; that, within 20 business days after the notice is given, the person may appeal against the decision to give the notice; how the person may apply for the appeal.
(sec.53DNE-ssec.2) A water connection compliance notice may also state— the reasonable steps that the distributor-retailer or water connection officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or performance outcomes to show that the contravention has been remedied or the further contravention will be avoided.
(sec.53DNE-ssec.3) If a water connection compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved.
(sec.53DNE-ssec.4) If a water connection compliance notice requires the person to refrain from doing an act, it also must state— a period for which the requirement applies; or that the requirement applies until further notice.
- (a) that the distributor-retailer or water connection officer reasonably believes the person— (i) is contravening a provision of chapter 4C , part 5 ; or (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated;
- (i) is contravening a provision of chapter 4C , part 5 ; or
- (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated;
- (b) the provision the distributor-retailer or water connection officer believes is being, or has been, contravened;
- (c) briefly, how it is believed the provision is being, or has been, contravened;
- (d) that the person must remedy the contravention within a stated reasonable period;
- (e) that it is an offence to fail to comply with the notice unless the person has a reasonable excuse;
- (f) that, within 20 business days after the notice is given, the person may appeal against the decision to give the notice;
- (g) how the person may apply for the appeal.
- (i) is contravening a provision of chapter 4C , part 5 ; or
- (ii) has contravened a provision of chapter 4C , part 5 , in circumstances that make it likely the contravention will continue or be repeated;
- (a) the reasonable steps that the distributor-retailer or water connection officer is satisfied are necessary to remedy the contravention, or avoid further contravention, of the provision; or
- (b) performance outcomes to show that the contravention has been remedied or the further contravention will be avoided.
- (a) a period for which the requirement applies; or
- (b) that the requirement applies until further notice.