QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.92BNNegotiation required if more than 1 successor
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### sec.92BN Negotiation required if more than 1 successor
This section applies if there is more than 1 successor.
The successors must negotiate in good faith to reach an agreement about the extent to which each of them are to share all of Allconnex’s following rights and liabilities—
those under the agreement;
those relating to all Allconnex planning matters;
for any costs incurred because of enforcement mentioned in section 77C ;
for any costs, damage, liability or loss incurred because of section 77D (2) .
The agreement may provide for how the shares of the rights and liabilities may be discharged or enforced.
If, after the negotiation, the councils are still in dispute about a matter mentioned in subsection (1) , any of the councils may refer the dispute to the Minister.
The Minister may resolve the dispute using any process the Minister considers appropriate that affords natural justice to the councils.
an arbitration process applying sections 92CF to 92CK
The Minister may delegate the Minister’s functions under subsection (5) to an appropriately qualified public service officer.
s 92BN ins 2012 No. 1 s 23
(sec.92BN-ssec.1) This section applies if there is more than 1 successor.
(sec.92BN-ssec.2) The successors must negotiate in good faith to reach an agreement about the extent to which each of them are to share all of Allconnex’s following rights and liabilities— those under the agreement; those relating to all Allconnex planning matters; for any costs incurred because of enforcement mentioned in section 77C ; for any costs, damage, liability or loss incurred because of section 77D (2) .
(sec.92BN-ssec.3) The agreement may provide for how the shares of the rights and liabilities may be discharged or enforced.
(sec.92BN-ssec.4) If, after the negotiation, the councils are still in dispute about a matter mentioned in subsection (1) , any of the councils may refer the dispute to the Minister.
(sec.92BN-ssec.5) The Minister may resolve the dispute using any process the Minister considers appropriate that affords natural justice to the councils. an arbitration process applying sections 92CF to 92CK
(sec.92BN-ssec.6) The Minister may delegate the Minister’s functions under subsection (5) to an appropriately qualified public service officer.
- (a) those under the agreement;
- (b) those relating to all Allconnex planning matters;
- (c) for any costs incurred because of enforcement mentioned in section 77C ;
- (d) for any costs, damage, liability or loss incurred because of section 77D (2) .