QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.99BRAJWater approval conditions must be relevant and reasonable
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### sec.99BRAJ Water approval conditions must be relevant and reasonable
Water approval conditions must—
be relevant to, but not an unreasonable imposition on, the connection; or
be reasonably required for, or as a result of, the connection.
Without limiting subsection (1) , the conditions may be for any of the following—
the level of demand for the water service or wastewater service for the connection;
protecting or maintaining the safety and efficiency of the distributor-retailer’s infrastructure;
requiring property service infrastructure or network infrastructure to be designed and constructed including infrastructure designed and constructed in accordance with the SEQ design and construction code;
requiring a document or works for the water approval to be certified by the distributor-retailer or a nominated person;
requiring a nominated person to make a connection to the distributor-retailer’s network infrastructure;
requiring a connection, or part of it, to be completed within a stated period;
requiring the payment of security under an agreement under section 99BRAL to support a condition of the approval;
trunk infrastructure or non-trunk infrastructure.
However, a water approval condition must not—
impose a condition about trunk infrastructure or non-trunk infrastructure unless the condition is permitted to be imposed under part 7 , divisions 4 to 6 ; or
require a person to enter into a water infrastructure agreement.
If a water approval is for all or part of a staged water connection application, the water approval conditions for the approval may be imposed on any or all stages of the connection.
s 99BRAJ ins 2014 No. 16 s 21
amd 2014 No. 36 s 25
(sec.99BRAJ-ssec.1) Water approval conditions must— be relevant to, but not an unreasonable imposition on, the connection; or be reasonably required for, or as a result of, the connection.
(sec.99BRAJ-ssec.2) Without limiting subsection (1) , the conditions may be for any of the following— the level of demand for the water service or wastewater service for the connection; protecting or maintaining the safety and efficiency of the distributor-retailer’s infrastructure; requiring property service infrastructure or network infrastructure to be designed and constructed including infrastructure designed and constructed in accordance with the SEQ design and construction code; requiring a document or works for the water approval to be certified by the distributor-retailer or a nominated person; requiring a nominated person to make a connection to the distributor-retailer’s network infrastructure; requiring a connection, or part of it, to be completed within a stated period; requiring the payment of security under an agreement under section 99BRAL to support a condition of the approval; trunk infrastructure or non-trunk infrastructure.
(sec.99BRAJ-ssec.3) However, a water approval condition must not— impose a condition about trunk infrastructure or non-trunk infrastructure unless the condition is permitted to be imposed under part 7 , divisions 4 to 6 ; or require a person to enter into a water infrastructure agreement.
(sec.99BRAJ-ssec.4) If a water approval is for all or part of a staged water connection application, the water approval conditions for the approval may be imposed on any or all stages of the connection.
- (a) be relevant to, but not an unreasonable imposition on, the connection; or
- (b) be reasonably required for, or as a result of, the connection.
- (a) the level of demand for the water service or wastewater service for the connection;
- (b) protecting or maintaining the safety and efficiency of the distributor-retailer’s infrastructure;
- (c) requiring property service infrastructure or network infrastructure to be designed and constructed including infrastructure designed and constructed in accordance with the SEQ design and construction code;
- (d) requiring a document or works for the water approval to be certified by the distributor-retailer or a nominated person;
- (e) requiring a nominated person to make a connection to the distributor-retailer’s network infrastructure;
- (f) requiring a connection, or part of it, to be completed within a stated period;
- (g) requiring the payment of security under an agreement under section 99BRAL to support a condition of the approval;
- (h) trunk infrastructure or non-trunk infrastructure.
- (a) impose a condition about trunk infrastructure or non-trunk infrastructure unless the condition is permitted to be imposed under part 7 , divisions 4 to 6 ; or
- (b) require a person to enter into a water infrastructure agreement.