QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.99BRCFPower to adopt charges by board decision
Start here
Get a plain-English read of sec.99BRCF
Turn the raw legal text into a practical explanation grounded in South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
### sec.99BRCF Power to adopt charges by board decision
A distributor-retailer’s board may decide (a board decision ) to adopt charges (each an adopted charge ) for providing trunk infrastructure in relation to its water service or wastewater service.
See also section 140F .
However—
a board decision does not, of itself, levy an adopted charge; and
the making of a board decision is subject to subdivision 2 ; and
an adopted charge must not be for trunk infrastructure that relates to—
work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or
development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or
development by a department, or part of a department, under a designation under the Planning Act ; or
development for a non-State school under a designation; or
public housing; or
development prescribed by regulation.
A board decision must state the day when an adopted charge in the board decision is to take effect.
See section 99BRCE (3) .
In this section—
designation see the Planning Act , section 35 (1) .
non-State school see the Education (Accreditation of Non-State Schools) Act 2017 , section 6 .
public housing —
means housing—
provided by, or for, the State or a statutory body representing the State; and
for short or long term residential use; and
that is totally or partly subsidised by the State or a statutory body representing the State; and
includes services provided mainly for residents of the housing.
s 99BRCF ins 2014 No. 36 s 45
amd 2016 No. 17 s 136 ; 2016 No. 27 s 479 ; 2020 No. 14 s 210 ; 2025 No. 14 s 85M
(sec.99BRCF-ssec.1) A distributor-retailer’s board may decide (a board decision ) to adopt charges (each an adopted charge ) for providing trunk infrastructure in relation to its water service or wastewater service. See also section 140F .
(sec.99BRCF-ssec.2) However— a board decision does not, of itself, levy an adopted charge; and the making of a board decision is subject to subdivision 2 ; and an adopted charge must not be for trunk infrastructure that relates to— work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or development by a department, or part of a department, under a designation under the Planning Act ; or development for a non-State school under a designation; or public housing; or development prescribed by regulation.
(sec.99BRCF-ssec.3) A board decision must state the day when an adopted charge in the board decision is to take effect. See section 99BRCE (3) .
(sec.99BRCF-ssec.4) In this section— designation see the Planning Act , section 35 (1) . non-State school see the Education (Accreditation of Non-State Schools) Act 2017 , section 6 . public housing — means housing— provided by, or for, the State or a statutory body representing the State; and for short or long term residential use; and that is totally or partly subsidised by the State or a statutory body representing the State; and includes services provided mainly for residents of the housing.
- (a) a board decision does not, of itself, levy an adopted charge; and
- (b) the making of a board decision is subject to subdivision 2 ; and
- (c) an adopted charge must not be for trunk infrastructure that relates to— (i) work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or (ii) development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or (iii) development by a department, or part of a department, under a designation under the Planning Act ; or (iv) development for a non-State school under a designation; or (v) public housing; or (vi) development prescribed by regulation.
- (i) work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or
- (ii) development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or
- (iii) development by a department, or part of a department, under a designation under the Planning Act ; or
- (iv) development for a non-State school under a designation; or
- (v) public housing; or
- (vi) development prescribed by regulation.
- (i) work or a use of land authorised under the Greenhouse Gas Storage Act 2009 , the Mineral Resources Act 1989 , the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 ; or
- (ii) development in, or on PDA-associated land for, a priority development area under the Economic Development Act 2012 ; or
- (iii) development by a department, or part of a department, under a designation under the Planning Act ; or
- (iv) development for a non-State school under a designation; or
- (v) public housing; or
- (vi) development prescribed by regulation.
- (a) means housing— (i) provided by, or for, the State or a statutory body representing the State; and (ii) for short or long term residential use; and (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and
- (i) provided by, or for, the State or a statutory body representing the State; and
- (ii) for short or long term residential use; and
- (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and
- (b) includes services provided mainly for residents of the housing.
- (i) provided by, or for, the State or a statutory body representing the State; and
- (ii) for short or long term residential use; and
- (iii) that is totally or partly subsidised by the State or a statutory body representing the State; and