QLDIn ForceAct
Water Act 2000
sec.25ORecovery of costs incurred
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### sec.25O Recovery of costs incurred
This section applies to a service provider who—
under a water supply emergency declaration or a water supply emergency regulation—
is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or
may recover contributions by the State; or
under a regulation made under section 25J (2) (b) , incurs costs in completing or discontinuing actions taken under a water supply emergency regulation; or
under section 25N (5) , is liable to pay an appointee’s costs; or
under a regulation made under the State Development Act , section 134 or 154 , is required to pay costs incurred by or for the coordinator-general.
The service provider may, to the extent stated in the declaration or regulation, recover from the service provider’s customers or other service providers—
the contributions made by the State; and
the costs mentioned in subsection (1) to the extent they are approved by the Minister; and
the rate of return.
Subsection (2) applies despite—
any condition of the service provider’s authority under this Act to take or interfere with water; or
any provision to the contrary in a supply contract, or a contract for the supply of registered services, between the service provider and the service provider’s customers or other service providers; or
the pricing arrangements in a relevant notice mentioned in section 1137 or a regulation amending a relevant notice; or
any direction given under section 999 .
The service provider may recover, as a debt due to the service provider, any amount the service provider is entitled to recover under subsection (2) .
s 25O ins 2005 No. 56 s 4
amd 2008 No. 34 s 673
(sec.25O-ssec.1) This section applies to a service provider who— under a water supply emergency declaration or a water supply emergency regulation— is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or may recover contributions by the State; or under a regulation made under section 25J (2) (b) , incurs costs in completing or discontinuing actions taken under a water supply emergency regulation; or under section 25N (5) , is liable to pay an appointee’s costs; or under a regulation made under the State Development Act , section 134 or 154 , is required to pay costs incurred by or for the coordinator-general.
(sec.25O-ssec.2) The service provider may, to the extent stated in the declaration or regulation, recover from the service provider’s customers or other service providers— the contributions made by the State; and the costs mentioned in subsection (1) to the extent they are approved by the Minister; and the rate of return.
(sec.25O-ssec.3) Subsection (2) applies despite— any condition of the service provider’s authority under this Act to take or interfere with water; or any provision to the contrary in a supply contract, or a contract for the supply of registered services, between the service provider and the service provider’s customers or other service providers; or the pricing arrangements in a relevant notice mentioned in section 1137 or a regulation amending a relevant notice; or any direction given under section 999 .
(sec.25O-ssec.4) The service provider may recover, as a debt due to the service provider, any amount the service provider is entitled to recover under subsection (2) .
- (a) under a water supply emergency declaration or a water supply emergency regulation— (i) is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or (ii) may recover contributions by the State; or
- (i) is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or
- (ii) may recover contributions by the State; or
- (b) under a regulation made under section 25J (2) (b) , incurs costs in completing or discontinuing actions taken under a water supply emergency regulation; or
- (c) under section 25N (5) , is liable to pay an appointee’s costs; or
- (d) under a regulation made under the State Development Act , section 134 or 154 , is required to pay costs incurred by or for the coordinator-general.
- (i) is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or
- (ii) may recover contributions by the State; or
- (a) the contributions made by the State; and
- (b) the costs mentioned in subsection (1) to the extent they are approved by the Minister; and
- (c) the rate of return.
- (a) any condition of the service provider’s authority under this Act to take or interfere with water; or
- (b) any provision to the contrary in a supply contract, or a contract for the supply of registered services, between the service provider and the service provider’s customers or other service providers; or
- (c) the pricing arrangements in a relevant notice mentioned in section 1137 or a regulation amending a relevant notice; or
- (d) any direction given under section 999 .