QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.92ADWhat is Allconnex’s successor
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### sec.92AD What is Allconnex’s successor
Allconnex’s successor is—
for a provision about a customer—the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the Water Supply Act , schedule 3 , definition customer ; or
for a provision about an asset, liability or matter that, under a retransfer document or part 4 , division 2 , is transferred to a withdrawn council—that council; or
for an infrastructure agreement that provides for water infrastructure for a withdrawn council’s local government area—that council; or
for a provision about a matter not provided for under paragraphs (a) to (c) —the geographically-connected withdrawn council.
Under this chapter, water infrastructure is transferred to a withdrawn council. That council is Allconnex’s successor for a provision about a trade waste approval by it authorising discharge into the infrastructure.
If a matter is located in, or relates to, more than 1 withdrawn council’s local government area, each of them is a successor of Allconnex.
If, under this chapter, the withdrawn councils are stated to be Allconnex’s proportional joint successor for a matter, all of them are its joint successor, rateably in accordance with their participation rights under Allconnex’s participation agreement immediately before the retransfer.
In this section—
liability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act.
matter includes—
an authority, application, document, proceeding and water infrastructure; and
a relevant action under section 77I (3) , definition relevant action ; and
an Allconnex infrastructure funding matter.
s 92AD ins 2012 No. 1 s 23
(sec.92AD-ssec.1) Allconnex’s successor is— for a provision about a customer—the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the Water Supply Act , schedule 3 , definition customer ; or for a provision about an asset, liability or matter that, under a retransfer document or part 4 , division 2 , is transferred to a withdrawn council—that council; or for an infrastructure agreement that provides for water infrastructure for a withdrawn council’s local government area—that council; or for a provision about a matter not provided for under paragraphs (a) to (c) —the geographically-connected withdrawn council. Under this chapter, water infrastructure is transferred to a withdrawn council. That council is Allconnex’s successor for a provision about a trade waste approval by it authorising discharge into the infrastructure.
(sec.92AD-ssec.2) If a matter is located in, or relates to, more than 1 withdrawn council’s local government area, each of them is a successor of Allconnex.
(sec.92AD-ssec.3) If, under this chapter, the withdrawn councils are stated to be Allconnex’s proportional joint successor for a matter, all of them are its joint successor, rateably in accordance with their participation rights under Allconnex’s participation agreement immediately before the retransfer.
(sec.92AD-ssec.4) In this section— liability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act. matter includes— an authority, application, document, proceeding and water infrastructure; and a relevant action under section 77I (3) , definition relevant action ; and an Allconnex infrastructure funding matter.
- (a) for a provision about a customer—the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the Water Supply Act , schedule 3 , definition customer ; or
- (b) for a provision about an asset, liability or matter that, under a retransfer document or part 4 , division 2 , is transferred to a withdrawn council—that council; or
- (c) for an infrastructure agreement that provides for water infrastructure for a withdrawn council’s local government area—that council; or
- (d) for a provision about a matter not provided for under paragraphs (a) to (c) —the geographically-connected withdrawn council. Example for paragraph (d) — Under this chapter, water infrastructure is transferred to a withdrawn council. That council is Allconnex’s successor for a provision about a trade waste approval by it authorising discharge into the infrastructure.
- (a) an authority, application, document, proceeding and water infrastructure; and
- (b) a relevant action under section 77I (3) , definition relevant action ; and
- (c) an Allconnex infrastructure funding matter.