QLDIn ForceAct
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
sec.99BRDNWhen water infrastructure agreement binds successors in title
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### sec.99BRDN When water infrastructure agreement binds successors in title
This section applies if the owner of land to which a water infrastructure agreement applies is a party to the agreement or consents to the water connection obligations being attached to the land.
The water connection obligations under the water infrastructure agreement attach to the land and bind the owner and the owner’s successors in title of the land.
If the owner’s consent under subsection (1) is given but not endorsed on the water infrastructure agreement, the owner must give a copy of the document evidencing the owner’s consent to the distributor-retailer for the land to which the consent applies.
Despite subsection (2) , subsections (5) and (6) apply if—
the water infrastructure agreement states that if the land is subdivided, part of the land is to be released from the water connection obligations; and
the land is subdivided.
The part is released from the water connection obligations.
The water connection obligations are no longer binding on the owner of the part.
In this section—
public sector entity see the Planning Act , schedule 2 .
water connection obligation means an obligation under the water infrastructure agreement other than an obligation to be fulfilled by a public sector entity.
s 99BRDN ins 2014 No. 36 s 45
amd 2016 No. 27 s 489
(sec.99BRDN-ssec.1) This section applies if the owner of land to which a water infrastructure agreement applies is a party to the agreement or consents to the water connection obligations being attached to the land.
(sec.99BRDN-ssec.2) The water connection obligations under the water infrastructure agreement attach to the land and bind the owner and the owner’s successors in title of the land.
(sec.99BRDN-ssec.3) If the owner’s consent under subsection (1) is given but not endorsed on the water infrastructure agreement, the owner must give a copy of the document evidencing the owner’s consent to the distributor-retailer for the land to which the consent applies.
(sec.99BRDN-ssec.4) Despite subsection (2) , subsections (5) and (6) apply if— the water infrastructure agreement states that if the land is subdivided, part of the land is to be released from the water connection obligations; and the land is subdivided.
(sec.99BRDN-ssec.5) The part is released from the water connection obligations.
(sec.99BRDN-ssec.6) The water connection obligations are no longer binding on the owner of the part.
(sec.99BRDN-ssec.7) In this section— public sector entity see the Planning Act , schedule 2 . water connection obligation means an obligation under the water infrastructure agreement other than an obligation to be fulfilled by a public sector entity.
- (a) the water infrastructure agreement states that if the land is subdivided, part of the land is to be released from the water connection obligations; and
- (b) the land is subdivided.