QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.99BRCIWhen charge may be levied and recovered
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### sec.99BRCI When charge may be levied and recovered
This section applies if—
a distributor-retailer has given a water approval; and
an adopted charge applies for providing the trunk infrastructure.
The distributor-retailer must give the applicant for the water approval an infrastructure charges notice.
For the giving of an infrastructure charges notice for the part of a water approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AU (5) and (6) of that Act.
The infrastructure charges notice must be given within 10 business days after the distributor-retailer gives the applicant a decision notice under section 99BRAI or a notice under section 99BRAU (5) .
Subsection (3) is subject to any provision under which an infrastructure charges notice may be amended or replaced.
See sections 99BRAK (5) (c) , 99BRDC (3) and 99BRDH (4) .
The infrastructure charges notice lapses if the water approval stops having effect.
A charge (a levied charge ) under an infrastructure charges notice—
is subject to sections 99BRCJ and 99BRCT ; and
is payable by the applicant; and
attaches to the premises; and
becomes payable as provided for under subdivision 4 ; and
is subject to any agreement under section 99BRCM (1) ; and
may be recovered, in whole or part, by the distributor-retailer from the applicant as a debt.
s 99BRCI ins 2014 No. 36 s 45
amd 2014 No. 64 s 51C ; 2016 No. 27 s 483 ; 2019 No. 11 s 227
(sec.99BRCI-ssec.1) This section applies if— a distributor-retailer has given a water approval; and an adopted charge applies for providing the trunk infrastructure.
(sec.99BRCI-ssec.2) The distributor-retailer must give the applicant for the water approval an infrastructure charges notice. For the giving of an infrastructure charges notice for the part of a water approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AU (5) and (6) of that Act.
(sec.99BRCI-ssec.3) The infrastructure charges notice must be given within 10 business days after the distributor-retailer gives the applicant a decision notice under section 99BRAI or a notice under section 99BRAU (5) .
(sec.99BRCI-ssec.4) Subsection (3) is subject to any provision under which an infrastructure charges notice may be amended or replaced. See sections 99BRAK (5) (c) , 99BRDC (3) and 99BRDH (4) .
(sec.99BRCI-ssec.5) The infrastructure charges notice lapses if the water approval stops having effect.
(sec.99BRCI-ssec.6) A charge (a levied charge ) under an infrastructure charges notice— is subject to sections 99BRCJ and 99BRCT ; and is payable by the applicant; and attaches to the premises; and becomes payable as provided for under subdivision 4 ; and is subject to any agreement under section 99BRCM (1) ; and may be recovered, in whole or part, by the distributor-retailer from the applicant as a debt.
- (a) a distributor-retailer has given a water approval; and
- (b) an adopted charge applies for providing the trunk infrastructure.
- (a) is subject to sections 99BRCJ and 99BRCT ; and
- (b) is payable by the applicant; and
- (c) attaches to the premises; and
- (d) becomes payable as provided for under subdivision 4 ; and
- (e) is subject to any agreement under section 99BRCM (1) ; and
- (f) may be recovered, in whole or part, by the distributor-retailer from the applicant as a debt.