QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.99BRAWMeaning of interested person and original decision
Start here
Get a plain-English read of sec.99BRAW
Turn the raw legal text into a practical explanation grounded in South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
### sec.99BRAW Meaning of interested person and original decision
An interested person for this part is an applicant under this chapter who—
has been given a decision notice; or
if the period during which the application was required to be decided under the relevant connections policy has expired—has not been given a decision notice; or
has had 1 or more of the following charges levied for a connection, other than for a standard connection—
a connection charge;
a property service works charge;
a charge under an infrastructure charges notice; or
has been given a notice under section 99BRDG about a conversion application, or there is a deemed refusal for the application.
Each of the following is an original decision —
the decision or action for which a decision notice was given (an approval decision );
if the period during which an application was required to be decided under the connections policy has expired—the failure to give a decision notice for the application (a failure to decide );
the decision to levy a charge for a connection mentioned in subsection (1) (c) (i) or (ii) (a charge decision );
the decision to give an infrastructure charges notice;
the refusal or deemed refusal of a conversion application (a conversion decision ).
However, for an original decision under subsection (2) (a) , an interested person can not appeal a water approval condition that became a condition under section 99BRAM .
s 99BRAW ins 2014 No. 16 s 21
amd 2014 No. 36 s 30
(sec.99BRAW-ssec.1) An interested person for this part is an applicant under this chapter who— has been given a decision notice; or if the period during which the application was required to be decided under the relevant connections policy has expired—has not been given a decision notice; or has had 1 or more of the following charges levied for a connection, other than for a standard connection— a connection charge; a property service works charge; a charge under an infrastructure charges notice; or has been given a notice under section 99BRDG about a conversion application, or there is a deemed refusal for the application.
(sec.99BRAW-ssec.2) Each of the following is an original decision — the decision or action for which a decision notice was given (an approval decision ); if the period during which an application was required to be decided under the connections policy has expired—the failure to give a decision notice for the application (a failure to decide ); the decision to levy a charge for a connection mentioned in subsection (1) (c) (i) or (ii) (a charge decision ); the decision to give an infrastructure charges notice; the refusal or deemed refusal of a conversion application (a conversion decision ).
(sec.99BRAW-ssec.3) However, for an original decision under subsection (2) (a) , an interested person can not appeal a water approval condition that became a condition under section 99BRAM .
- (a) has been given a decision notice; or
- (b) if the period during which the application was required to be decided under the relevant connections policy has expired—has not been given a decision notice; or
- (c) has had 1 or more of the following charges levied for a connection, other than for a standard connection— (i) a connection charge; (ii) a property service works charge; (iii) a charge under an infrastructure charges notice; or
- (i) a connection charge;
- (ii) a property service works charge;
- (iii) a charge under an infrastructure charges notice; or
- (d) has been given a notice under section 99BRDG about a conversion application, or there is a deemed refusal for the application.
- (i) a connection charge;
- (ii) a property service works charge;
- (iii) a charge under an infrastructure charges notice; or
- (a) the decision or action for which a decision notice was given (an approval decision );
- (b) if the period during which an application was required to be decided under the connections policy has expired—the failure to give a decision notice for the application (a failure to decide );
- (c) the decision to levy a charge for a connection mentioned in subsection (1) (c) (i) or (ii) (a charge decision );
- (d) the decision to give an infrastructure charges notice;
- (e) the refusal or deemed refusal of a conversion application (a conversion decision ).