QLDIn ForceAct
Water Act 2000
sec.700AProcess for transfer
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### sec.700A Process for transfer
This section applies if—
the Minister is satisfied—
a local government and a water authority have agreed in writing—
to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and
on how to implement the proposed transfer; and
the water authority has taken reasonable steps to inform—
its customers and ratepayers of the proposed transfer; and
its customers and ratepayers of the date of the proposed transfer; and
its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and
its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and
its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and
the local government and water authority have—
notified the Minister of their agreement about the proposed transfer and on how it is to be implemented; and
asked, in writing, for the Minister’s approval of the proposed transfer.
The Minister may require the local government or water authority to do either or both of the following—
provide the Minister with further particulars relating to the proposed transfer within a reasonable period of at least 28 days after the requirement is made;
address an issue relevant to the proposed transfer in the agreement mentioned in subsection (1) (a) (i) .
The Minister may approve the proposed transfer.
If the Minister approves the proposed transfer, a regulation may approve the agreement entered into between the water authority and the local government.
The regulation must include, as an attachment, a copy of the agreement.
The agreement takes effect when the regulation commences.
s 700A ins 2011 No. 40 s 84
amd 2014 No. 64 s 168
(sec.700A-ssec.1) This section applies if— the Minister is satisfied— a local government and a water authority have agreed in writing— to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and on how to implement the proposed transfer; and the water authority has taken reasonable steps to inform— its customers and ratepayers of the proposed transfer; and its customers and ratepayers of the date of the proposed transfer; and its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and the local government and water authority have— notified the Minister of their agreement about the proposed transfer and on how it is to be implemented; and asked, in writing, for the Minister’s approval of the proposed transfer.
(sec.700A-ssec.2) The Minister may require the local government or water authority to do either or both of the following— provide the Minister with further particulars relating to the proposed transfer within a reasonable period of at least 28 days after the requirement is made; address an issue relevant to the proposed transfer in the agreement mentioned in subsection (1) (a) (i) .
(sec.700A-ssec.3) The Minister may approve the proposed transfer.
(sec.700A-ssec.4) If the Minister approves the proposed transfer, a regulation may approve the agreement entered into between the water authority and the local government.
(sec.700A-ssec.5) The regulation must include, as an attachment, a copy of the agreement.
(sec.700A-ssec.6) The agreement takes effect when the regulation commences.
- (a) the Minister is satisfied— (i) a local government and a water authority have agreed in writing— (A) to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and (B) on how to implement the proposed transfer; and (ii) the water authority has taken reasonable steps to inform— (A) its customers and ratepayers of the proposed transfer; and (B) its customers and ratepayers of the date of the proposed transfer; and (C) its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and (D) its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and (E) its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and
- (i) a local government and a water authority have agreed in writing— (A) to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and (B) on how to implement the proposed transfer; and
- (A) to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and
- (B) on how to implement the proposed transfer; and
- (ii) the water authority has taken reasonable steps to inform— (A) its customers and ratepayers of the proposed transfer; and (B) its customers and ratepayers of the date of the proposed transfer; and (C) its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and (D) its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and (E) its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and
- (A) its customers and ratepayers of the proposed transfer; and
- (B) its customers and ratepayers of the date of the proposed transfer; and
- (C) its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and
- (D) its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and
- (E) its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and
- (b) the local government and water authority have— (i) notified the Minister of their agreement about the proposed transfer and on how it is to be implemented; and (ii) asked, in writing, for the Minister’s approval of the proposed transfer.
- (i) notified the Minister of their agreement about the proposed transfer and on how it is to be implemented; and
- (ii) asked, in writing, for the Minister’s approval of the proposed transfer.
- (i) a local government and a water authority have agreed in writing— (A) to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and (B) on how to implement the proposed transfer; and
- (A) to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and
- (B) on how to implement the proposed transfer; and
- (ii) the water authority has taken reasonable steps to inform— (A) its customers and ratepayers of the proposed transfer; and (B) its customers and ratepayers of the date of the proposed transfer; and (C) its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and (D) its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and (E) its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and
- (A) its customers and ratepayers of the proposed transfer; and
- (B) its customers and ratepayers of the date of the proposed transfer; and
- (C) its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and
- (D) its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and
- (E) its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and
- (A) to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and
- (B) on how to implement the proposed transfer; and
- (A) its customers and ratepayers of the proposed transfer; and
- (B) its customers and ratepayers of the date of the proposed transfer; and
- (C) its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and
- (D) its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and
- (E) its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and
- (i) notified the Minister of their agreement about the proposed transfer and on how it is to be implemented; and
- (ii) asked, in writing, for the Minister’s approval of the proposed transfer.
- (a) provide the Minister with further particulars relating to the proposed transfer within a reasonable period of at least 28 days after the requirement is made;
- (b) address an issue relevant to the proposed transfer in the agreement mentioned in subsection (1) (a) (i) .