South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 (Qld)

South-East Queensland Water (Distribution and Retail Restructuring) Act 2009

An Act to further restructure the water industry in south-east Queensland

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

2   Commencement

(1)Sections 108 to 110 commence on the day after the date of assent of this Act.

(2)Sections 111 and 112 commence on the day after the repeal of the Integrated Planning Act 1997 under the Sustainable Planning Act 2009.

Part 2    Purposes and application of Act

3   Purposes of Act

The purposes of this Act are to do the following for the SEQ region—

(a)improve water supply coordination and management;

(b)deliver improved and more efficient water services and wastewater services to customers;

(c)improve the management of water and wastewater infrastructure.

4   Achievement of purposes

(1)The purposes are achieved by—

(a)continuing the SEQ region water industry restructure started under the 2007 restructuring Act; and

(b)providing for the making of a customer water and wastewater code for the provision of water services and wastewater services to customers in the SEQ region.

(2)This Act provides for the continued restructure by—

(a)creating new integrated retail and distribution authorities (called ‘distributor-retailers’) to deliver the services to customers within a particular area for each (called its ‘geographic area’); and

(b)providing for the following to, subject to this Act, deliver the services to customers in their local government areas from 1 July 2012—

(i)the Gold Coast City Council;

(ii)the Logan City Council;

(iii)the Redland City Council; and

(c)providing for particular matters relating to distributor-retailers to be fixed by agreement with the local governments for their geographic area (called their ‘participating local governments’); and

(d)facilitating the transfer to distributor-retailers of the infrastructure and functions of their participating local governments as service providers for the services; and

(e)providing for all distributor-retailers to become service providers on and from 1 July 2010; and

(f)the inclusion of particular provisions about the performance of the functions of distributor-retailers as service providers.

Part 3    Interpretation

Division 1 Key definitions

5   Who are a distributor-retailer’s participating local governments

(1)A distributor-retailer’s participating local governments are—

(a)for the Northern SEQ Distributor-Retailer Authority—Sunshine Coast Regional Council, Noosa Shire Council and Moreton Bay City Council; and

(b)for the Central SEQ Distributor-Retailer Authority—Brisbane City Council, Ipswich City Council, Scenic Rim Regional Council, Lockyer Valley Regional Council and Somerset Regional Council; and

(c)for the Southern SEQ Distributor-Retailer Authority—Gold Coast City Council, Redland City Council and Logan City Council.

(2)In a provision about a board, a reference to a participating local government is a reference to a participating local government under subsection (1) for the board’s distributor-retailer.

6   What is a distributor-retailer’s geographic area

A distributor-retailer’s geographic area is the area that consists of the local government areas of all of its participating local governments.

Division 2 Dictionary

7   Dictionary

The dictionary in the schedule defines particular words used in this Act.

Division 3 Functions

7A   References to functions

In this Act—

(a)a reference to a function includes a reference to a power or jurisdiction; and

(b)a reference to performing a function includes a reference to exercising a power or jurisdiction.

Chapter 2    New authorities for water distribution and retailing

Part 1    Establishment, functions and powers

8   Establishment

The following (each a distributor-retailer) are established—

(a)the Northern SEQ Distributor-Retailer Authority;

(b)the Central SEQ Distributor-Retailer Authority;

(c)the Southern SEQ Distributor-Retailer Authority.

Notes—

1For the authority mentioned in paragraph (c), see chapter 3A (Replacement of Allconnex by councils), part 9 (Dissolution of Allconnex).

2Under section 92AP, that authority will only have limited functions from 1 July 2012.

9   Legal status

A distributor-retailer—

(a)is not a body corporate; and

(b)is not constituted by its board or participants; and

(c)does not represent the State.

10   Expiry

(1)A distributor-retailer expires at the end of 99 years after its establishment.

(2)When a distributor-retailer expires—

(a)its assets and liabilities become the assets and liabilities of its participants; and

(b)the participants become the successor in law of the assets and liabilities rateably in accordance with their participation rights under the distributor-retailer’s participation agreement.

(3)A regulation may provide for any matter necessary or convenient to give effect to this section, including, for example, a provision about all or any of the following when a distributor-retailer expires (the former entity)—

(a)the process concerning the distribution of its assets and liabilities;

(b)the transfer of the employment of the former entity’s employees and of their rights;

(c)the application of instruments relating to the former entity;

(d)the former entity’s records;

(e)the performance of the former entity’s functions immediately before the expiry.

11   Functions

(1)A distributor-retailer’s primary functions are to do the following for its geographic area—

(a)purchase water;

(b)distribute water;

(c)provide the following services (relevant services) to customers—

(i)water services;

(ii)wastewater services;

(d)charge customers for relevant services;

(e)manage customer enquiries, service requests and complaints;

(f)on and from 1 July 2010—

(i)perform functions under this Act and the Water Supply Act relating to trade waste and seepage water as a sewerage service provider; and

Note—

See section 53AA (Distributor-retailers become service providers).

(ii)perform particular planning and development assessment functions under the Planning Act;

(g)anything else likely to complement or enhance a function mentioned in paragraphs (a) to (f).

(2)The primary functions are a distributor-retailer’s geographic area functions.

(3)A distributor-retailer may perform business or other functions it considers appropriate.

12   Powers

(1)A distributor-retailer has all the powers of an individual and may, for example—

(a)enter into contracts; and

(b)acquire, hold, dispose of and deal with property; and

(c)employ staff; and

(d)appoint agents and attorneys; and

(e)engage consultants; and

(f)fix charges and other terms for services and other facilities it supplies; and

(g)do anything else necessary or convenient to be done for its functions.

(2)Without limiting subsection (1), a distributor-retailer has the powers given to it under an Act.

(3)Despite subsections (1) and (2), a distributor-retailer’s powers are subject to any limitations under the Acts mentioned in part 2.

(4)However, an exercise of a power in contravention of a limitation or restriction under an Act does not invalidate or otherwise affect the exercise of the power.

(5)A distributor-retailer may sue and be sued in the name it is given under section 8.

13   Functions

A distributor-retailer may perform its functions inside or outside Queensland.

Part 2    Application of particular other Acts to distributor-retailers

14   Statutory Bodies Financial Arrangements Act 1982

(1)A distributor-retailer is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (the SBFA).

(2)The SBFA, part 2B sets out the way in which a distributor-retailer’s powers under this Act are affected by that Act.

(3)Despite the SBFA, section 31(2) a distributor-retailer may operate an account with an overdraft facility without the Treasurer’s approval under the SBFA.

15   Financial Accountability Act 2009

(1)A distributor-retailer is a statutory body under the Financial Accountability Act 2009 (the FAA).

(2)However, the provisions of a standard under the FAA about resource management do not apply to a distributor-retailer.

Note—

See the Financial and Performance Management Standard 2009, part 2, division 4 (General resource management).

(3)For applying the FAA, a reference in that Act to a statutory body reporting to a Minister is taken to be a reference to the distributor-retailer reporting, in the way provided for under its participation agreement, to its participating local governments who are also participants in the distributor-retailer.

(4)However, subsection (3) does not apply if the reporting is for the purpose of tabling in the Legislative Assembly.

(5)Any operational or strategic planning requirements under a standard under the FAA are taken to have been complied with by a distributor-retailer if the distributor-retailer complies with its planning and reporting requirements.

16   Crime and Corruption Act 2001

A distributor-retailer is a unit of public administration under the Crime and Corruption Act 2001.

17   Right to Information Act 2009

A distributor-retailer is taken to be an agency under the Right to Information Act 2009.

17A   Information Privacy Act 2009

A distributor-retailer is taken to be an agency under the Information Privacy Act 2009.

18   Land Act and Land Title Act

For the Land Act and the Land Title Act, a distributor-retailer is taken to be a person authorised by law to provide a public utility service.

18A   Penalties and Sentences Act 1992

A distributor-retailer is taken to be a corporation for the Penalties and Sentences Act 1992.

18B   Joint government activity power for LGA 2009 and CBA 2010

For LGA 2009, section 10 and CBA 2010, section 12, a reference to a local government is taken to include a reference to a distributor-retailer.

19   Deletion of commercially sensitive matters from annual report

(1)This section applies if under another Act, an annual report relating to a distributor-retailer must be made public.

(2)The board may ask the relevant Minister to delete from the copies of the annual report a matter that is of a commercially sensitive nature.

(3)Despite the other Act, the Minister may delete the matter from the copies of the annual report that are laid before the Legislative Assembly or otherwise made public.

(4)In this section—

annual report includes any documents accompanying the report.

Part 3    Participation agreements for distributor-retailers

20   Requirement for agreement

(1)A distributor-retailer must, as soon as practicable after the date of assent of this Act, enter into an agreement (a participation agreement) with its participating local governments about the following matters concerning the distributor-retailer—

(a)that the participating local governments have the right to participate in its profits;

Note—

For the distribution of assets and liabilities when the distributor-retailer expires, see section 10(2) (Expiry).

(b)the way in which distributions of its profits are to be approved for section 43;

(c)its internal management;

(d)its corporate planning requirements;

(e)its requirements about reporting to its participants;

(f)the proportions in which the local governments are to receive tax equivalents the distributor-retailer pays under section 100;

(g)any other matter concerning distributor-retailers prescribed under a regulation.

(2)Rights mentioned in subsection (1)(a) are the participation rights in the distributor-retailer.

(3)Those who hold the participation rights are the distributor-retailer’s participants.

(4)The requirements mentioned in subsection (1)(d) and (e) are the distributor-retailer’s planning and reporting requirements.

21   Planning and reporting requirements

(1)A distributor-retailer’s participation agreement must—

(a)require the distributor-retailer to prepare a plan about its future direction, goals and priorities for at least 5 years after the agreement takes effect; and

(b)state the matters that the plan must provide for; and

(c)ensure the distributor-retailer’s participating local governments who are also participants in the distributor-retailer are given enough information to allow them to make an informed assessment of the distributor-retailer’s operations; and

(d)state the types of information that must be given to comply with paragraph (c).

(2)Subsection (1) does not limit what may be provided for under the distributor-retailer’s planning and reporting requirements.

22   Particular matters agreement may provide for

Without limiting section 20(1), the participation agreement for a distributor-retailer may provide for all or any of the following—

(a)the issuing, registration and transfer of its participation rights;

Note—

See however, section 29 (Ministerial approval required for change in particular matters).

(b)classes of participants;

(c)the obligations of participants in their capacity as participants;

(d)the voting rights of participants;

(e)the membership, powers and procedures of its board, including, for example, the term of office of its councillor-members or additional requirements to those under section 34 for their appointment or removal.

23   Minister’s default power to make agreement

(1)This section applies if a distributor-retailer and its participating local governments have not complied with section 20 by 30 April 2010.

(2)The Minister may make a participation agreement for the distributor-retailer.

Note—

See also section 104 (Interim participation agreement).

24   When agreement takes effect

(1)A participation agreement, other than one under section 23, takes effect only on the latest of the following days—

(a)the day the Minister gives the parties to the agreement a notice that the Minister has approved it;

(b)if the agreement states a later day of effect—the later day.

(2)A participation agreement made under section 23 takes effect according to its terms.

25   Tabling of agreement

(1)If the Minister approves or makes a participation agreement, the Minister must within 14 sitting days, table a copy of the agreement in the Legislative Assembly.

(2)A failure to comply with subsection (1) does not stop the agreement taking effect.

26   Effect as a contract

(1)When a participation agreement for a distributor-retailer takes effect, it has effect as a contract between all of the following entities from time to time—

(a)the parties to the agreement;

(b)all other entities who are or become participants in the distributor-retailer;

(c)each member of the board.

(2)The entities are taken to have agreed to observe and perform the contract so far as it applies to them.

27   Act prevails over agreement

If a provision of a participation agreement is inconsistent with a provision of this Act, the provision of this Act prevails to the extent of the inconsistency.

28   Power to amend by agreement

(1)Subject to section 29, a participation agreement for a distributor-retailer may be amended—

(a)by agreement between all of its participants; or

(b)if the participation agreement provides for another way in which it can be amended—in accordance with the other way.

(2)However, a participation agreement for a distributor-retailer can not be amended to allow anyone other than a participating local government for the distributor-retailer to become a participant in it.

(3)If a local government is a participant, it may agree to the amendment only if it has passed a resolution to that effect.

(4)If a participation agreement is amended under subsection (1), the distributor-retailer must give the Minister a copy of the amended agreement as soon as practicable.

29   Ministerial approval required for change in particular matters

(1)A change to a participation agreement about a restricted matter concerning a distributor-retailer has no effect unless the Minister has—

(a)been given a copy of the proposed amended agreement; and

(b)by notice to the distributor-retailer approved the change.

(2)A person can not become a participant in a distributor-retailer unless—

(a)the distributor-retailer’s participation agreement or a change to the agreement approved under subsection (1), provides for the person to be, or to become, a participant; or

(b)the Minister has approved the person to be a participant in the distributor-retailer and the person’s proposed participation rights in it.

(3)In this section—

restricted matter, concerning a distributor-retailer, means—

(a)the participants in the distributor-retailer, including—

(i)who may become a participant; and

(ii)any change in participants; and

(iii)who may cease to be a participant; or

(b)the participation rights in the distributor-retailer or how the rights may be transferred or otherwise dealt with; or

(c)any provision of its participation agreement that provides for how it can be amended other than by agreement between all of the distributor-retailer’s participants; or

(d)its planning and reporting requirements.

30   Tabling of amended agreement

(1)This section applies if the Minister—

(a)under section 28, is given an amended participation agreement; or

(b)gives an approval under section 29(1)(b).

(2)The Minister must within 21 sitting days, table a copy of the amended agreement in the Legislative Assembly.

(3)A failure to comply with subsection (2) does not stop the amended agreement from taking effect.

30A   Publication of participation agreement etc.

(1)This section applies if—

(a)a distributor-retailer or local government enters into a participation agreement; or

(b)the Minister makes a participation agreement for a distributor-retailer; or

(c)a participation agreement entered into by a distributor-retailer or a local government or made by the Minister is amended.

(2)The distributor-retailer or local government must, within 30 days after the agreement is entered into or the amendment takes effect, publish on its website—

(a)a copy of the participation agreement or amendment; and

(b)a brief summary of the agreement, or the agreement as amended, that complies with subsection (3).

Maximum penalty—200 penalty units.

(3)As a minimum, the summary must refer to each of the matters mentioned in section 20(1).

Part 4    Boards of distributor-retailers

Division 1 Establishment, membership and related matters

31   Requirement to have board

Each distributor-retailer must have a board.

32   Role of boards

(1)The board is responsible for the way the distributor-retailer performs its functions and exercises its powers.

(2)The board’s role includes—

(a)deciding the strategies and the operational, administrative and financial policies to be followed by the distributor-retailer; and

(b)ensuring the distributor-retailer performs its functions and exercises its powers in a proper, effective and efficient way; and

(c)ensuring, so far as practicable, the distributor-retailer complies with its planning and reporting requirements.

33   Membership in general

(1)A board is to consist of at least 5 members but can not consist of—

(a)more than the following number of councillor-members—

(i)if the distributor-retailer has more than 3 participating local governments—1 for each participating local government;

(ii)otherwise—3; and

(b)more councillor-members than independent members.

(2)The members must be appointed under this division by the distributor-retailer’s participants.

(3)In this section—

councillor-member means a member of the board who is a councillor of a participating local government for the distributor-retailer.

independent member means a member of the board who is not a councillor-member.

34   Councillor-members

(1)Unless the participation agreement provides otherwise, a board’s councillor-members can not be—

(a)appointed for a term of more than 4 years; or

(b)appointed or reappointed if, at any time, they have already served a term of 4 years or terms totalling 4 years.

Example—

A is a councillor-member appointed for a 4-year term. A ceases to be a councillor of the relevant council after 3 of those years. B, another councillor of the council, is appointed to replace A for the rest of that term. B is re-elected as a councillor of the council. The participation agreement does not provide for more than a 4-year term for councillor-members. Therefore, B can only be reappointed for 3 more years.

(2)A councillor-member’s appointment ends if—

(a)the person stops being a councillor of the relevant council; or

(b)either—

(i)all participating local governments have, by resolution, so agreed; or

(ii)the ending happens under the participation agreement.

(3)A vacancy under subsection (2) may be filled—

(a)only by—

(i)a councillor of the relevant council; or

(ii)if the distributor-retailer’s participation agreement provides for a councillor of a different relevant council to fill the vacancy—the other councillor; and

(b)in the way provided for under the participation agreement.

(4)A councillor-member’s appointment is suspended during any period of suspension of the person as a councillor of the relevant council.

35   Independent members

(1)The matters to which regard must be had in considering whether to appoint a person as an independent member include the person’s previous experience and ability to—

(a)contribute to the carrying out of the board’s role under section 32; and

(b)contribute to the strategic oversight of the distributor-retailer’s functions; and

(c)bring an independent judgment to bear on the board’s decision-making.

(2)An independent member—

(a)holds office for the term stated in the person’s appointment; and

(b)is, if not disqualified, eligible for reappointment.

(3)A person’s appointment as an independent member ends if the person becomes disqualified.

(4)In this section—

disqualified means unable to be appointed because of section 36.

36   Disqualifications for independent member

A person can not be appointed as an independent member if the person—

(a)is a public service employee; or

(b)is an employee of any local government in the SEQ region; or

(c)is an insolvent under administration; or

(d)has a conviction, other than a spent conviction, for an indictable offence; or

(e)is a member of a board of—

(i)another distributor-retailer; or

(ii)the Queensland Bulk Water Supply Authority established under the 2007 restructuring Act.

36A   Terms of membership

(1)A board member holds office on the terms of appointment provided for under a participation agreement of the distributor-retailer, and subject to this Act.

(2)A councillor-member can not receive, and the distributor-retailer can not confer, a benefit on a councillor-member—

(a)by way of remuneration as the holder of that office; or

(b)in connection with retirement from or other ending of the office.

(3)However, the councillor-member may receive a benefit conferred on the member under LGA 2009 or CBA 2010.

(4)For applying CBA 2010 under subsection (3), the relevant provisions of those Acts apply as if a reference to a corporate entity of the relevant council included a reference to a distributor-retailer.

Note—

For LGA 2009, see the Local Government (Operations) Regulation 2010, section 43.

(5)An independent member may receive from a distributor-retailer, and a distributor-retailer may confer on an independent member, a benefit for the following only if it complies with the participation agreement—

(a)remuneration as the holder of that office;

(b)a matter for, or in connection with, retirement from or other ending of the office.

(6)A purported benefit conferred or received that can not be made under this section is of no effect.

(7)In this section—

benefit means a payment made or an interest in property or other valuable consideration or benefit given or transferred.

36B   Chairperson

(1)A distributor-retailer must have an independent member as its chairperson.

(2)The chairperson must be—

(a)appointed in the way provided for under the distributor-retailer’s participation agreement; or

(b)if the participation agreement does not provide for how the appointment takes place—elected by the board.

Division 2 Business

37   Conduct of business

Subject to this division, a board may conduct its business, including its meetings, in the way it considers appropriate.

38   Time and place of meetings

(1)Board meetings are to be held at the times and places the board decides.

(2)The chairperson of a board may at any time call a meeting of the board.

(3)The chairperson of a board must call a meeting of the board if asked in writing to do so by at least 2 members of the board.

39   Presiding at meetings

(1)The chairperson of a board is to preside at all meetings of the board at which the chairperson is present.

(2)If the chairperson is absent from a board meeting, including because of a vacancy in the office, a member chosen by the members present is to preside at the meeting.

40   Conduct of meetings

(1)A quorum of a board must consist of at least 1 independent member.

(2)A question at a board meeting is decided by a majority of the votes of the members present when the question is decided.

(3)Each member present at the meeting has a vote on each question to be decided and if the votes are equal the member presiding also has a casting vote.

(4)A board may hold meetings or allow members to take part in its meetings by using any technology that reasonably allows members to hear and take part in discussions as they happen.

Example of use of technology—

teleconferencing

(5)A member who takes part in a meeting under subsection (4) is taken to be present at the meeting.

(6)A resolution is validly made by a board even if it is not passed at a board meeting, if—

(a)notice of the resolution is given under procedures approved by the board; and

(b)a majority of the board members give written agreement to the resolution.

41   Minutes

(1)A board must keep minutes of its meetings.

(2)A board must keep a record of any resolutions made under section 40(6).

42   Disclosure of interests

(1)This section applies to a member of a board (the interested member) if—

(a)the member has an interest in an issue being considered or about to be considered by the board; and

(b)the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.

(2)After the relevant facts come to the interested member’s knowledge, the member must disclose the nature of the interest to a board meeting.

(3)Unless the board otherwise directs, the interested member must not—

(a)be present when the board considers the issue; or

(b)take part in a decision of the board about the issue.

(4)The interested member must not be present when the board is considering whether to give a direction under subsection (3).

(5)If there is another person who must under subsection (2) also disclose an interest in the issue, the other person must not—

(a)be present when the board is considering whether to give a direction under subsection (3) about the interested member; or

(b)take part in making the decision about giving the direction.

(6)If—

(a)because of this section a board member is not present at a board meeting for considering or deciding an issue or for considering or deciding whether to give a direction under subsection (3); and

(b)there would be a quorum if the member were present;

the remaining members present are a quorum of the board for considering or deciding the issue or for considering or deciding whether to give the direction at the meeting.

(7)If there are no members who may remain present for considering or deciding an issue, the distributor-retailer’s participants may, by each signing consent to a proposed resolution, consider and decide the issue.

(8)A disclosure under subsection (2) must be recorded in the board’s minutes.

(9)To remove any doubt, it is declared that the fact that a relevant council has an interest in an issue does not, of itself, mean that the councillor-member for the council has an interest in the issue.

Division 3 Financial management

43   Approval required for profit distribution

A distributor-retailer must not distribute any of its profits unless the distribution has been approved in the way provided for under its participation agreement.

Part 5    Chief executive officer

44   Appointment of chief executive officer

(1)Each distributor-retailer must have a chief executive officer.

(2)The chief executive officer is to be appointed by the board.

(3)The chief executive officer is an employee of the distributor-retailer.

45   Term of appointment

(1)Subject to this section, the chief executive officer holds office for the term stated in his or her contract of employment.

(2)If otherwise qualified, the chief executive officer is eligible for reappointment.

(3)The board may at any time end the appointment for any reason or none.

(4)The ending of the appointment under subsection (3) does not affect any rights to compensation to which the chief executive officer is entitled under the contract of employment.

(5)The chief executive officer may resign by giving a signed notice of resignation to the board at least the required period before the notice is to take effect.

(6)The chief executive officer’s appointment ends if he or she stops being qualified to be the chief executive officer.

(7)In this section—

required period means the period stated in the chief executive’s contract of employment or otherwise agreed with the board.

46   Conditions of appointment

For matters not provided for under this Act or stated in the contract of employment, the chief executive officer holds office on the terms of appointment decided by the board.

47   Qualifications for appointment

A person can not be appointed or continue in office as the chief executive officer if the person—

(a)is an insolvent under administration; or

(b)has a conviction, other than a spent conviction, for an indictable offence; or

(c)is not able to manage a corporation because of the Corporations Act, part 2D.6; or

(d)is named in the register held by ASIC under the Corporations Act, section 1274AA.

48   Chief executive officer’s responsibilities

(1)A distributor-retailer’s chief executive officer is—

(a)responsible for managing its affairs under this Act, other relevant legislation and the board’s policies; and

(b)for the following provision or Acts, taken to be its principal officer—

•the Evidence Act 1977, section 134A

•the Right to Information Act 2009

•the Information Privacy Act 2009.

(2)However, performance of the responsibility under subsection (1)(a) is subject to the board’s directions.

Part 6    Reserve powers of participating local governments

49   Group directions

(1)A distributor-retailer’s participating local governments may give it a written direction (a group direction) about the way the distributor-retailer is to perform its functions.

(2)However, the direction may be given only if—

(a)it has been decided to be given by—

(i)all of the local governments; or

(ii)the type of majority of them (the required majority) required under the distributor-retailer’s participation agreement; and

(b)all of the local governments or the required majority—

(i)are satisfied the direction is necessary and in the public interest of the distributor-retailer’s geographic area; and

(ii)have asked the board to advise all of the local governments whether, in the board’s opinion, complying with the direction is consistent with the performance of the distributor-retailer’s functions.

49A   Individual directions

(1)This section applies for any participating local government (the council) of a distributor-retailer.

(2)The council may give the distributor-retailer a written direction (an individual direction) about the way the distributor-retailer is to perform its functions relating to the council’s local government area about any of the following—

(a)charges mentioned in section 99BOB(b) and (c);

(b)the distributor-retailer’s annual capital works program under section 100B.

(3)However, the council may give the direction only if—

(a)it is satisfied the direction is necessary and in the public interest to the extent it relates to the local government area; and

(b)it has given the board and other participating local governments of the distributor-retailer a notice—

(i)stating the proposed direction; and

(ii)asking the board for its written opinion about the direction within the required period; and

(c)it has considered any written opinion of the board given to it within the required period; and

(d)its compensation liability because of the effects of the direction has been agreed or decided under section 99BZD.

(4)The opinion may include an amount claimed for, or particulars of, the compensation liability for the distributor-retailer or all or any of its other participating local governments.

(5)In this section—

required period means the following period after the giving of the notice—

(a)generally—1 month;

(b)if the distributor-retailer’s participation agreement provides for another period for giving the opinion—the other period.

50   Publication of directions

(1)The participating local governments that give a group direction, or the participating local government that gives an individual direction, must within 21 days after the direction is given ensure a copy of the direction is given to the Minister and is—

(a)published on the local government’s website; or

(b)kept available for inspection by the public—

(i)at the public offices of the local government; or

(ii)on a notice board maintained by the local government in its local government area.

(2)Also, each participating local government that gives the direction must ensure—

(a)if a copy of the direction is published on a website under subsection (1)(a), the copy is not removed from the website while the direction is in effect; or

(b)if a copy of the direction is kept available for inspection by the public under subsection (1)(b), the copy remains available for inspection by the public while the direction is in effect.

51   Compliance with directions

(1)This section applies if a distributor-retailer is given a group direction or an individual direction.

(2)The board must take reasonable steps to ensure the direction is complied with unless it is unlawful to do so, or complying with the direction in the way directed would constitute an offence against this Act or another Act.

(3)Regard must be had to the direction in deciding, for this Act or any other relevant law, whether or not a board member has exercised an appropriate degree of care and diligence in discharging the member’s duties.

Part 7    Miscellaneous provisions

52   Authentication of documents

A document made by a distributor-retailer is sufficiently made if it is signed by—

(a)its chief executive officer; or

(b)the chairperson of its board; or

(c)another person authorised by its board.

52A   Relationship between councillor-member functions and councillor functions

While a councillor-member is acting in the person’s capacity as a councillor-member, the member’s responsibilities as a councillor under LGA 2009 or CBA 2010 do not apply.

53   Delegation

(1)A distributor-retailer may delegate any of its functions to a member of its board, its chief executive officer or any of its appropriately qualified employees.

(2)However, a function can not be delegated under subsection (1) to a person to whom a circumstance mentioned in section 47 applies.

(3)A board may delegate any of its functions to—

(a)a committee of members of the board; or

(b)the distributor-retailer’s chief executive officer.

(4)The chief executive officer of a distributor-retailer may delegate his or her functions, including a function delegated to the chief executive officer, to an appropriately qualified employee of the distributor-retailer.

Note—

For general laws about delegation, see the Acts Interpretation Act 1954, section 27A.

(5)Without limiting subsection (1), a distributor-retailer may delegate the following functions to its relevant participating local government—

(a)functions under chapter 2C relating to the appointment of water connection officers;

(b)functions under chapter 4C;

(c)functions as a referral agency for a particular development application.

(6)A relevant participating local government may subdelegate a function delegated to it under subsection (5) to an appropriately qualified officer or employee of the local government.

(7)Without limiting subsection (4), the chief executive officer of a distributor-retailer may delegate his or her functions under sections 99BRBB, 99BRBC and 99BRBD to a relevant participating local government of the distributor-retailer.

(8)A delegation of a chief executive’s power to a participating local government may permit the subdelegation of the power to an appropriately qualified person.

(9)In this section—

building work see the Building Act 1975, section 5.

particular development application, for a distributor-retailer, means a development application for carrying out building work for a building or structure on a lot that contains, or is adjacent to a lot that contains, the distributor-retailer’s infrastructure.

referral agency, for a development application, means a referral agency for the application under the Planning Act.

relevant participating local government, for a function of a distributor-retailer, means the distributor-retailer’s participating local government for the local government area in relation to which the function is performed or exercised.

Chapter 2A    General provisions for distributor-retailers as service providers

Part 1    Provisions for distributor-retailers to become service providers

Division 1 General provisions

53AA   Distributor-retailers become service providers

(1)On and from 1 July 2010 all distributor-retailers become service providers for their geographic area functions.

(2)The Water Supply Act, section 20 does not apply to a distributor-retailer.

(3)A distributor-retailer continues to be a service provider from 1 July 2010 and subject to the Water Supply Act.

(4)A distributor-retailer must give the regulator the information mentioned in the Water Supply Act, section 12 about the distributor-retailer as a service provider as soon as practicable after 1 July 2010.

53AB   Participating local governments cease being service providers

On 1 July 2010, each distributor-retailer’s participating local governments cease to be a service provider.

53AC   Notice to regulator not required for transfer under transition document

The Water Supply Act, sections 24 and 25 do not apply to a transfer under a transition document.

53AD   Existing customers

(1)This section applies to a person who, immediately before 1 July 2010, was a customer of any of a distributor-retailer’s participating local governments.

(2)On 1 July 2010 the person becomes a customer of the distributor-retailer.

53AE   [Repealed]

Division 2 Existing trade waste approvals

53AF   Existing trade waste approvals

(1)On and from July 2010 all trade waste approvals given by a distributor-retailer’s participating local governments are taken to have been given by the distributor-retailer.

(2)If before 1 July 2010—

(a)a local government was required under the Water Supply Act, section 185(2) to give an approval holder a notice amending the holder’s trade waste approval; and

(b)the local government has not given that notice;

the distributor must give the notice as soon as practicable after it becomes aware of the requirement.

53AG   Power to amend existing trade waste approvals for particular purposes

(1)This section applies for a trade waste approval that under section 53AF(1) is taken to have been given by a distributor-retailer (each an existing trade waste approval).

(2)Subject to section 53AH, the distributor-retailer may amend the trade waste approval to ensure the consistency of all trade waste approvals given for its geographic area (a consistency amendment).

(3)However, a consistency amendment can not be made after 30 June 2012.

(4)The distributor-retailer may, by notice, also amend the trade waste approval to make any change necessary to reflect the change from the approval being given by it instead of a participating local government.

53AH   Requirements for making consistency amendment

(1)Before a distributor-retailer makes a consistency amendment of a trade waste approval, it must give the approval holder a show cause notice about the proposed amendment.

(2)If, after considering any properly made submissions by the approval holder, the distributor-retailer is still satisfied the amendment should be made, it may make the amendment by notice to the approval holder.

(3)Within 30 business days after making a decision under subsection (2), the distributor-retailer must give the approval holder an information notice about the decision.

(4)If, after considering any properly made submissions by the approval holder, the distributor-retailer is not satisfied the amendment should be made, it must give the approval holder a notice about the decision.

(5)A decision under subsection (2), takes effect on the later of the following—

(a)the day the information notice is received by the approval holder;

(b)the day stated in the notice.

(6)In this section—

show cause notice means a notice that complies with the Water Supply Act, section 463.

Division 3 Provision of information

53AI   Authorised exchange of information

(1)A distributor-retailer and its participating local governments may exchange information with each other if the exchange is necessary or desirable for the distributor-retailer to perform its geographic area functions.

(2)However, information can not be exchanged under subsection (1) after 1 July 2013.

(3)This section is subject to the Information Privacy Act 2009 and the Right to Information Act 2009.

Part 2    Application of particular Water Supply Act provisions to distributor-retailers

Division 1 Preliminary

53AJ   Purpose of pt 2

The purpose of this part is to provide for matters about the application of particular provisions of the Water Supply Act in relation to the carrying on of a water service or wastewater service by a distributor-retailer after 1 July 2010.

53AK   Application of pt 2

This part does not limit or otherwise affect the application of the Water Supply Act to a distributor-retailer other than to the extent stated in division 2.

Division 2 Application of provisions

53AL   Provision about plans under the Water Supply Act—generally

(1)On and from 1 July 2010, the following provisions of the Water Supply Act do not apply to a distributor-retailer—

(a)sections 106 to 109, other than to the extent the sections provide for any matter about the distributor-retailer’s drinking water quality management plan under that Act;

(b)chapter 2, part 4, division 6.

(2)The following provisions of the Water Supply Act do not apply to a distributor-retailer that has a water netserv plan—

(a)chapter 2, part 4, divisions 1 and 2;

(b)chapter 2, part 4, division 4, other than to the extent the division provides for any matter about the distributor-retailer’s drinking water quality management plan under that Act.

53AM   Provision about strategic asset management plan

(1)This section applies to a distributor-retailer—

(a)on 1 July 2010; and

(b)until the day the distributor-retailer has a water netserv plan.

(2)For the Water Supply Act, chapter 2, part 4, division 1, the existing strategic asset management plans for the registered services of a participating local government for the distributor-retailer are taken to be the distributor-retailer’s approved strategic asset management plans.

(3)The Water Supply Act, sections 73 and 74 do not apply to the distributor-retailer.

(4)In this section—

approved strategic asset management plan means an approved strategic asset management plan under the Water Supply Act.

existing strategic asset management plan, for a registered service of a participating local government, means an approved strategic asset management plan of the local government in effect immediately before 1 July 2010.

53AN   Provision about system leakage management plan

(1)This section applies to a distributor-retailer—

(a)on 1 July 2010; and

(b)until the day the distributor-retailer has a water netserv plan.

(2)For the Water Supply Act, chapter 2, part 4, division 2, the existing system leakage management plan for the water service of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved system leakage management plan.

(3)The Water Supply Act, sections 82 and 87 do not apply to the distributor-retailer.

(4)In this section—

approved system leakage management plan means an approved system leakage management plan under the Water Supply Act.

existing system leakage management plan, for a water service of a participating local government, means the approved system leakage management plan of the local government in effect immediately before 1 July 2010.

53AO   Provision about drinking water service

(1)This section applies to a distributor-retailer—

(a)on 1 July 2010; and

(b)until the earlier of the following—

(i)1 July 2011;

(ii)the day the distributor-retailer has an approved drinking water quality management plan.

(2)For the Water Supply Act, chapter 2, part 4, division 3, subdivision 1, the existing drinking water plan for a drinking water service of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved drinking water quality management plan.

(3)In this section—

approved drinking water quality management plan means an approved drinking water quality management plan under the Water Supply Act.

existing drinking water plan, for a drinking water service of a participating local government, means the approved drinking water quality management plan of the local government in effect immediately before 1 July 2010.

53AP   Provision about service areas—before water netserv plan is in effect

(1)This section applies to a distributor-retailer until the day the distributor-retailer has a water netserv plan.

(2)On 1 July 2010, the service area for a distributor-retailer as a service provider under the Water Supply Act, chapter 2, part 5, consists of the existing service areas of its participating local governments.

(3)The distributor-retailer may amend the service area by adding an area to, or removing an area from, the service area.

(4)If the distributor-retailer amends the service area, the distributor-retailer must publish a notice of the amendment in a newspaper circulating generally throughout its geographic area.

(5)In this section—

existing service area, of a participating local government, means the local government’s service areas under the Water Supply Act immediately before 1 July 2010 that relate to the distributor-retailer’s water service or wastewater service.

53AQ   Provision about service areas—after water netserv plan is in effect

(1)This section applies to a distributor-retailer on and from the day the distributor-retailer adopts under section 99BRAB a water netserv plan.

(2)For a relevant provision—

(a)the distributor-retailer’s connection area is taken to be a service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act; and

(b)the distributor-retailer is taken to be the service provider for the service area, for both a retail water service and a sewerage service, within the meaning of the Water Supply Act.

(3)In this section—

relevant provision means the following provisions of the Water Supply Act—

(a)section 161(9);

(b)chapter 2, part 5, divisions 3 and 5;

(c)schedule 3, definition retail water service.

53AR   Provision about recycled water management plan

(1)This section applies to a distributor-retailer on 1 July 2010.

(2)For the Water Supply Act, chapter 3, part 2, the existing recycled water management plan for a recycled water scheme of a participating local government for the distributor-retailer is taken to be the distributor-retailer’s approved recycled water management plan under that Act.

(3)In this section—

approved recycled water management plan means an approved recycled water management plan under the Water Supply Act.

existing recycled water management plan, for a recycled water scheme of a participating local government, means the approved recycled water management plan of the local government in effect immediately before 1 July 2010.

Part 3    Overdue charges for water services and wastewater services

53ARA   [Repealed]

53ARB   [Repealed]

53ARC   [Repealed]

53ARD   [Repealed]

53ARE   [Repealed]

53ARF   [Repealed]

53ARG   [Repealed]

53ARH   [Repealed]

53ARI   [Repealed]

53AS   Application of pt 3

(1)This part applies if a distributor-retailer is owed all or any of the following for premises—

(a)a charge for water services or wastewater services provided by a distributor-retailer to the premises;

(b)costs the distributor-retailer may recover for the premises under the Water Supply Act, section 165;

Editor’s note—

Water Supply Act, section 165 (Recovering cost of giving access to registered service)

(c)a charge under section 99BRAN, 99BRAV or 99BRCI;

(d)a charge under a water infrastructure agreement under section 99BRCM;

(e)a liability mentioned in section 77I that is an infrastructure charge—

(i)owed to distributor-retailer under section 77J; or

(ii)the benefit of which is, under section 77K, shared with a participating local government of the distributor-retailer.

(2)The amount owed for a matter mentioned in subsection (1) is the overdue charge.

(3)For a charge mentioned in subsection (1)(c) or (d), this part only applies if the entitlements under a water approval for the charge are exercised.

53AT   Interest

(1)The distributor-retailer may charge interest on the overdue charge.

(2)The rate of the interest can not be more than the rate of interest local governments may charge for late payment of rates.

(3)The interest must be calculated—

(a)on daily rests, and as compound interest; or

(b)in another way the distributor-retailer decides, if an equal or lower amount will be obtained.

53AU   Overdue charge is owing by any owner of the premises

(1)The overdue charge is payable by anyone who from time to time owns the premises.

(2)Subsection (1) applies whether or not the owner received the benefit of the services.

(3)Subsection (1) does not apply to any interest on the overdue charge.

53AV   Charge on premises for overdue charge, CPI indexation and costs ordered

(1)The total of the following is a charge on the premises (the distributor-retailer’s charge)—

(a)the overdue charge, as CPI indexed under section 53AW;

(b)if, in a proceeding to recover the overdue charges, the court orders costs to be paid to distributor-retailer from the owner of the premises—the costs.

(2)The distributor-retailer’s charge does not include a power to sell the premises.

(3)The distributor-retailer’s charge does not secure any interest imposed under section 53AT.

(4)This section does not limit any other remedy the distributor-retailer has to recover the amount.

53AW   Quarterly CPI indexation for distributor-retailer’s charge

(1)For section 53AV the overdue charge is taken to be CPI indexed for all quarters during which all or any part of the overdue charge continues to be owing.

(2)However, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

(3)For subsection (1), payments relating to the overdue charge are taken to be made first in reduction of the overdue charge before any interest on it.

(4)In this section—

CPI indexed, for a quarter (the relevant quarter), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—

(a)the relevant quarter;

(b)the quarter immediately before the relevant quarter.

53AX   Registration of charge and effect of registration

(1)The distributor-retailer may register the distributor-retailer’s charge by lodging the following documents with the registrar—

(a)a request to register the charge, in the appropriate form;

(b)a certificate signed by the chief executive officer that states the distributor-retailer’s charge exists over the premises.

(2)After the charge is registered over the premises, the charge has priority over any other encumbrances over the premises, other than encumbrances in favour of—

(a)the State; or

(b)a public entity.

(3)If the amount that the charge secures is paid, the distributor-retailer must lodge the following documents with the registrar—

(a)a request to release the charge over the premises, in the appropriate form;

(b)a certificate signed by the chief executive officer stating the amount has been paid.

Part 3A    Personal details requirements

53AXA    Application of pt 3A

This part applies if an authorised person appointed by a distributor-retailer—

(a)finds a person committing an infringement notice offence; or

(b)finds a person in circumstances that lead the authorised person to reasonably suspect a person has just committed an infringement notice offence; or

(c)has information that leads the authorised person to reasonably suspect a person has just committed an infringement notice offence.

53AXB    Power to require name and residential address

(1)The authorised person may require the person to state the person’s name and residential address.

(2)When making the requirement, the authorised person must give the person an offence warning.

(3)The person must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—35 penalty units.

53AXC    Power to require evidence of name or residential address

(1)The authorised person may also require the person to give evidence of the correctness of the stated name or residential address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or residential address; or

(b)otherwise be able to give the evidence.

(2)The person must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty for subsection (2)—35 penalty units.

53AXD    Exception if infringement notice offence not proved

The person does not commit an offence under this part if—

(a)the requirement was made because the authorised person suspected the person has committed an infringement notice offence; and

(b)the person is not proved to have committed the offence.

Part 4    Miscellaneous provisions

53AY   Authority to acquire land

(1)The Acquisition of Land Act applies to a distributor-retailer as if—

(a)it were a constructing authority; and

(b)land mentioned in that Act included land held from the State for a lesser interest than freehold, other than a lease under the Land Act; and

(c)the purposes for which land may be taken for the distributor-retailer are purposes relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area.

(2)For a lease under the Land Act, section 218 of that Act applies to a distributor-retailer as if it were a constructing authority.

(3)A regulation may make provision about the acquisition of land by a distributor-retailer.

53AZ   [Repealed]

53BA   Ownership of water infrastructure that becomes part of land

(1)Water infrastructure owned by a distributor-retailer remains its personal property despite—

(a)it becoming part of any land; or

(b)the sale or other disposal of the land of which it becomes a part.

(2)This section applies despite—

(a)an Act or law of a State; or

(b)a contract, covenant or claim of right under a law of a State.

(3)This section is subject to any retransfer of the water infrastructure under chapter 3A.

Chapter 2B    Water infrastructure provisions for distributor-retailers

Part 1    Preliminary

53BB   What is water infrastructure and water infrastructure work

(1)Water infrastructure is infrastructure for a water service or wastewater service.

(2)Water infrastructure work is the installation, operation, maintenance, repair, alteration or removal of water infrastructure.

53BC   What is a public entity

(1)A public entity is—

(a)a local government; or

(b)a government company or part of a government company; or

(c)a State instrumentality, agency, authority or entity or a division, branch or other part of a State instrumentality, agency, authority or entity; or

(d)a department or a division, branch or other part of a department; or

(e)a GOC Act entity; or

(f)a government entity prescribed under a regulation under the GOC Act, section 4.

(2)In this section—

GOC Act means the Government Owned Corporations Act 1993.

GOC Act entity means an entity established under a regulation under the GOC Act.

government company means a corporation incorporated under the Corporations Act all the stock or shares in the capital of which is or are beneficially owned by the State.

53BD   Publicly-controlled places and their public entities

(1)A publicly-controlled place is—

(a)a State-controlled road; or

(b)a place for which a public entity is responsible that—

(i)the public is entitled to use; or

(ii)is open to members of the public; or

(iii)is used by the public, whether or not on payment of money.

Example for paragraph (b)—

a road

(2)However, publicly-controlled place does not include any of the following under the Transport Infrastructure Act—

(a)busway land;

(b)light rail land;

(c)a railway;

(d)rail corridor land.

Note—

For provisions relevant to water infrastructure work for places mentioned in subsection (2), see the Transport Infrastructure Act, chapter 6 (Road transport infrastructure), chapter 9, part 4, divisions 4 (Public utility plant) and 5 (Use of busway or busway transport infrastructure) and chapter 10, part 4, divisions 3 (Public utility plant) and 4 (Use of light rail or light rail transport infrastructure).

(3)The public entity for a publicly-controlled place is the public entity immediately and primarily responsible for the place.

53BE   What is a road and a State-controlled road

(1)A road is any of the following other than to the extent it is, or includes, a public thoroughfare easement—

(a)an area of land dedicated to public use as a road;

(b)an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles;

(c)a bridge, culvert, ferry, ford, tunnel or viaduct;

(d)a pedestrian or bicycle path;

(e)a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d).

(2)A State-controlled road is a road or land, or part of a road or land, declared under the Transport Infrastructure Act, section 24 to be a State-controlled road.

53BF   What are road works

(1)Road works are—

(a)works done for—

(i)constructing roads or things associated with roads; or

(ii)maintaining roads or things associated with roads (other than public utility plant); or

(iii)facilitating the operation of infrastructure relating to roads; or

(b)works declared under a regulation under the Transport Infrastructure Act to be road works.

(2)In this section—

plant includes any of the following—

(a)a conduit or cable;

(b)an electrical installation under the Electricity Act 1994;

(c)an overhead conveyor.

public utility plant means plant permitted under an Act or a Commonwealth Act to be on a road.

works includes activities.

53BG   Meaning of location on a road

The location of water infrastructure on a road includes the line, level and boundary of the water infrastructure in or on the road.

Part 2    Carrying out water infrastructure work on publicly-controlled places

Division 1 When work may be carried out

53BH   Right to carry out work on publicly-controlled place

Subject to sections 53BI and 53BR and division 2, a distributor-retailer may carry out water infrastructure work on a publicly-controlled place if the carrying out of the work is relevant to the performance of its geographic area functions.

53BI   Requirements for carrying out work

(1)A distributor-retailer may carry out water infrastructure work on a publicly-controlled place only if—

(a)the public entity has given its written approval for the carrying out of the work (a public entity approval); or

Note—

See also section 108 (Public entity approvals taken to be given for existing water infrastructure work).

(b)the public entity and the distributor-retailer have entered into a written consent arrangement for the carrying out of the work (a consent arrangement); or

(c)the carrying out of the work is necessary because of an emergency.

(2)If the work is carried out because of an emergency, the distributor-retailer must, as soon as practicable, give the entity notice of the work.

(3)Without limiting the matters of a consent arrangement, the arrangement may—

(a)apply to 1 or several locations; and

(b)be subject to the SEQ design and construction code; and

(c)if the arrangement is for water infrastructure within an agreed location on a road—provide for the distributor-retailer to give a water approval for the infrastructure without a public entity approval; and

(d)provide for a person identified in the consent arrangement to carry out water infrastructure work on a publicly controlled place; and

(e)be subject to reasonable conditions.

53BJ   Obtaining public entity’s approval or entering consent arrangement

(1)The distributor-retailer may, in writing, apply to the public entity for a public entity approval or consent arrangement for water infrastructure work.

(2)The application must—

(a)describe the work and how it is proposed to be carried out; and

(b)give particulars of the location of the proposed work; and

(c)be supported by other relevant information, reasonably required by the entity, to enable it to consider the application.

(3)The entity must, within 20 business days after receiving the information mentioned in subsection (2)(c)—

(a)decide to grant or refuse the approval; or

(b)enter into the consent arrangement.

(4)For subsection (3)(a), the entity must not unreasonably refuse to grant the approval.

53BK   Conditions of approval or arrangement

(1)The public entity may impose conditions on the approval or consent arrangement it considers are reasonable.

Example of a possible condition—

a condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times

(2)However, a condition about an alignment for water infrastructure on, or proposed to be built on, a road must ensure the alignment is—

(a)located to ensure reasonable protection for the infrastructure; and

(b)if practicable, on the footpath or verge of the road.

Division 2 Obligations in carrying out work

53BL   Application of div 2

This division applies if a distributor-retailer is carrying out water infrastructure work on a publicly-controlled place.

53BM   Guarding

(1)This section applies if the distributor-retailer has opened or broken up (the interference) the place, or any part of the place.

(2)The distributor-retailer must, at all times while the interference continues, ensure—

(a)the interference is barricaded and guarded; and

(b)signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference.

(3)If required by the public entity, the distributor-retailer must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues.

(4)The requirement may be made—

(a)before or during the carrying out of the work; and

(b)as well as any condition imposed under section 53BK.

53BN   Warning signs on roads

If the work is carried out on a road, lights and signs set up or maintained to safeguard the public must be the appropriate official traffic signs under the Transport Operations (Road Use Management) Act 1995.

53BO   General obligations in carrying out work

(1)The distributor-retailer must—

(a)complete the work as soon as practicable; and

(b)restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and

(c)remove any rubbish or surplus earth caused by the work; and

(d)comply with—

(i)the conditions of any relevant public entity approval or consent arrangement; and

(ii)any relevant provisions of the Water Supply Act and any other relevant law.

(2)If, in carrying out the work, the distributor-retailer causes damage to the place, the distributor-retailer must fix the damage as soon as practicable.

53BP   Maintenance

(1)This section applies if the distributor-retailer has opened or broken up the place or any part of it and has, under section 53BO, restored the place or part.

(2)The distributor-retailer must carry out maintenance to ensure the place or part of it is kept in good repair until the later of the following periods to end—

(a)the period that ends 3 months after the restoration was finished;

(b)if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following—

(i)the day the subsidence ends;

(ii)the first anniversary of the day the restoration was finished.

(3)The maintenance must be carried out in the way agreed between the public entity and the distributor-retailer.

Division 3 Work directions

53BQ   Power to give work direction

(1)This section applies if—

(a)a distributor-retailer is carrying out, or has carried out, water infrastructure work on a publicly-controlled place; and

(b)the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 53BK or an obligation under division 2.

(2)The entity may give the distributor-retailer a notice (a work direction) directing the distributor-retailer to carry out stated work to comply with the condition or obligation within a stated reasonable period.

(3)The work direction must—

(a)identify the condition or obligation; and

(b)include, or be accompanied by, an information notice about the decision to give the direction.

53BR   Compliance with work direction

(1)A distributor-retailer to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction.

(2)If the distributor-retailer does not comply with subsection (1), the entity may carry out the relevant work.

(3)In carrying out the work, the entity must comply with any relevant provisions of the Water Supply Act and any other relevant law.

53BS   Costs of carrying out directed work

(1)A distributor-retailer to whom a work direction has been given must bear the costs of complying with the direction.

(2)If, under section 53BR(2), the public entity has carried out the relevant work, it may recover from the distributor-retailer as a debt the amount of its reasonable costs of carrying out the work.

Part 3    Public entity work

53BT   Application of pt 3

This part applies if a public entity for a publicly-controlled place proposes to do work (public entity work) that is likely to affect the safety, location or operation of a distributor-retailer’s water infrastructure.

53BU   Requirement to consult if water infrastructure affected

(1)The public entity must give the distributor-retailer a notice stating—

(a)details of the proposed public entity work; and

(b)that the distributor-retailer may, within a stated period, make written submissions to the entity about the proposal.

(2)The stated period must not end before 30 business days after the notice is given.

(3)Before deciding to make the change, the entity must consider any written submission made by the distributor-retailer within the stated period.

Note—

See also section 53CF (Obligation to give public entity information).

53BV   Power to require consequential work

(1)This section applies if—

(a)the public entity has complied with section 53BU; and

(b)to carry out the public entity work, it is reasonably necessary for any of the following work to be done (consequential work)—

(i)changing the position of the water infrastructure;

(ii)carrying out other work relating to the water infrastructure.

(2)The entity may, by notice (a consequential work requirement), require the distributor-retailer to do the consequential work within a stated reasonable period.

53BW   Compliance with consequential work requirement

(1)A distributor-retailer of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement.

(2)If the distributor-retailer does not comply with subsection (1), the entity may carry out the relevant consequential work.

(3)In carrying out the work, the entity must comply with any relevant provisions of the Water Supply Act and any relevant law.

53BX   Costs of carrying out required consequential work

(1)A public entity must bear the costs of complying with any consequential work requirement it makes.

(2)If the relevant distributor-retailer has complied with section 53BW(1), the distributor-retailer may recover from the entity as a debt the amount of the distributor-retailer’s reasonable costs of carrying out the work.

Part 4    Water infrastructure interfering with publicly-controlled place

53BY   Application of pt 4

This part applies if a distributor-retailer’s water infrastructure on a publicly-controlled place interferes with the use of the place by the public entity or the public.

53BZ   Remedial action by public entity in emergency

If, because of an emergency, it is necessary to take action (remedial action) to ensure the water infrastructure ceases to interfere with the use of the place, the public entity may take the remedial action.

53CA   Power to require remedial action

The public entity may, by notice (a remedial action requirement), require the distributor-retailer to take remedial action within a stated reasonable period.

53CB   Compliance with remedial action requirement

(1)If the distributor-retailer is given a remedial action requirement, the distributor-retailer must comply with the requirement to the reasonable satisfaction of the public entity.

(2)If the distributor-retailer does not comply with subsection (1), the entity may take the relevant remedial action.

(3)In taking the remedial action, the entity must comply with any relevant provisions of the Water Supply Act and any other relevant law.

53CC   Costs of taking required remedial action

(1)The distributor-retailer must bear the costs of complying with a remedial action requirement.

(2)If, under section 53CB(2), the public entity takes the remedial action, it may recover from the distributor-retailer as a debt the amount of the entity’s reasonable costs of taking the action.

Part 5    Water infrastructure work and roads

53CD   Application of pt 5

This part applies for particular water infrastructure that a distributor-retailer has or constructs, augments, alters or maintains on a road.

53CE   Record obligation

The distributor-retailer must prepare records that adequately define the location of the water infrastructure on the road.

53CF   Obligation to give public entity information

(1)If the public entity for the road asks, the distributor-retailer must, within a reasonable period, give the public entity information that adequately defines the location of the water infrastructure on a stated part of the road.

(2)A request under subsection (1) is an information request.

53CG   Exclusion of liability for particular damage by public entity to water infrastructure

(1)This section applies if—

(a)the public entity for the road causes damage to the water infrastructure and has not agreed to be liable for the damage; and

(b)before the damage happened the public entity made an information request to the distributor-retailer.

(2)The public entity is not liable for the damage if—

(a)either—

(i)the request was not complied with within a reasonable period before the damage happened; or

(ii)information given in response to the request did not adequately define the location of the water infrastructure; and

(b)the damage would not have happened had the request been complied with or had the information given adequately defined the location.

53CH   Liability for additional public entity road work expenses

(1)This section applies if—

(a)the public entity for the road carries out road works in or on the road; and

(b)it made an information request of the distributor-retailer before carrying out the road works.

Note—

See however section 109 (Deferral of distributor-retailer’s liability for additional public entity road work expenses).

(2)The distributor-retailer is liable to pay the public entity any additional expense the public entity incurred in carrying out the road works because of the location of the water infrastructure if—

(a)either—

(i)the request was not complied with within a reasonable period before the road works were carried out; or

(ii)information given in response to the request did not adequately define the location; and

(b)the additional expense would not have been incurred had the request been complied with or had the information given adequately defined the location.

(3)However, subsection (2) does not apply if—

(a)the road works were not provided for in a plan by the public entity given to the distributor-retailer within a reasonable period before the road works were carried out; and

(b)the public entity gave a public entity approval for all water infrastructure work for the water infrastructure; and

(c)the distributor-retailer has not contravened any condition of the approval.

Note—

See also section 108 (Public entity approvals taken to be given for existing water infrastructure work).

53CI   Distributor-retailer and public entity may share costs

(1)The distributor-retailer may arrange with the public entity for the road to share the cost of all or any of—

(a)acquisition of land associated with the water infrastructure; or

(b)construction, augmentation, alteration or maintenance of the water infrastructure; or

(c)construction of road works affected by the water infrastructure.

(2)The arrangement may include all necessary preliminary costs associated with the acquisition, construction, augmentation, alteration or road maintenance.

Part 6    Miscellaneous provision

53CJ   Compensation

(1)This section applies if a person (a claimant) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor-retailer.

(2)However, this section does not apply for a public entity for a publicly-controlled place if the power relates to the place for which it is the public entity.

(3)Compensation for the cost, damage or loss is payable by the distributor-retailer to the claimant.

(4)The compensation may be claimed and ordered in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.

Chapter 2C    Discharge officers, water connection officers and water restriction officers

Part 1    General provisions about discharge officers, water connection officers and water restriction officers

53CK   Appointment and other provisions

(1)This section applies if, under the Water Supply Act, a distributor-retailer, as a service provider, appoints a person as an authorised person.

(2)The distributor-retailer may also appoint the person as a discharge officer, water connection officer or water restriction officer under this Act if the distributor-retailer is satisfied the person has the necessary expertise or experience.

(3)However, if a regulation prescribes qualifications or other requirements for the appointment of discharge officers, the person may be appointed as a discharge officer only if the person complies with the requirements.

(4)The Water Supply Act, sections 45 to 48 apply for the appointment as a discharge officer, water connection officer or water restriction officer and the officer’s office as if—

(a)a reference in the sections to an authorised person were a reference to a discharge officer, water connection officer or water restriction officer; and

(b)the reference in section 48 to exercising a power under the Water Supply Act included a reference to exercising a power under this part; and

(c)with other necessary changes.

(5)The service provider may issue the appointee 1 identity card for all appointments.

53CL   Functions of a discharge officer

A discharge officer’s functions are to help the distributor-retailer to do the following as a sewerage service provider—

(a)consider and decide applications for a trade waste approval or seepage water approval;

(b)monitor and enforce compliance with the following provisions of the Water Supply Act—

(i)chapter 2, part 6;

(ii)chapter 2, part 7, to the extent that part relates to trade waste and seepage water, and the distributor-retailer’s infrastructure as a sewerage service provider;

(c)take discharge compliance action.

53CLA    Functions of a water connection officer

A water connection officer’s functions are to help the distributor-retailer to do the following—

(a)monitor and enforce compliance with the Water Supply Act, chapter 2, part 7, other than to the extent that part relates to trade waste and seepage water;

(b)monitor and enforce compliance with chapter 4C, part 5;

(c)take water connection compliance action.

53CLB    Functions of a water restriction officer

A water restriction officer’s functions are to help the distributor-retailer monitor and enforce compliance with the restrictions imposed under the Water Supply Act, chapter 2, part 3, division 3.

Part 2    Powers of discharge officers

Division 1 General powers for entering places

53CM   General powers of entry

(1)A discharge officer may enter a place to perform the officer’s functions if—

(a)it is a place of business the subject of a trade waste approval or seepage water approval and the place is—

(i)open for carrying on the business; or

(ii)otherwise open for entry; or

(b)an occupier of the place consents to the entry; or

(c)it is a public place and the entry is made when it is open to the public; or

(d)the entry is authorised by a warrant.

(2)For section (1)(a), a place of business does not include a part of the place where a person resides.

(3)To remove any doubt, it is declared that this section does not limit or otherwise affect a discharge officer’s powers as an authorised person.

(4)In this section—

seepage water approval includes a seepage water approval the subject of suspension under the Water Supply Act.

trade waste approval includes a trade waste approval the subject of suspension under the Water Supply Act.

Division 2 Entry to take discharge compliance action

53CN   Power to enter

(1)This section applies if a distributor-retailer may take discharge compliance action.

Note—

See section 53DM (Action distributor-retailer may take if discharge compliance notice contravened).

(2)A discharge officer may enter the place the subject of the relevant trade waste approval or seepage water approval at any reasonable time to take the action for the distributor-retailer.

(3)However, the discharge officer can not under subsection (2) enter any part of the place where a person resides.

Division 3 Approved inspection programs

53CO   Power to enter place subject to approved inspection program

(1)A discharge officer may, under an approved inspection program, enter a place at any reasonable time of the day or night without the consent of the occupier of the place.

(2)However, a discharge officer can not under an approved inspection program enter any part of a place where a person resides.

(3)To remove any doubt, it is declared that—

(a)the power under subsection (1) does not limit or otherwise affect any other power under this chapter; and

(b)a discharge officer may inspect places other than as provided for under the program.

53CP   Approving an inspection program

(1)A distributor-retailer may, by a board resolution, approve a program under which a discharge officer may enter and inspect places in the distributor-retailer’s geographic area to perform a discharge officer’s functions.

(2)An approved inspection program may—

(a)allow a discharge officer to enter and inspect all places, or all places of a particular type, in the distributor-retailer’s geographic area (a systematic inspection program); or

(b)allow a discharge officer to enter and inspect those places in the distributor-retailer’s geographic area that have been selected in accordance with objective criteria stated in the resolution (a selective inspection program).

(3)The resolution must state the following for the program—

(a)its purpose;

(b)when it starts;

(c)for a systematic inspection program that allows a type of place to be entered and inspected, a description of the type of place;

(d)for a selective inspection program, objective criteria for selecting the places to be entered and inspected;

(e)the period (the program period) over which it is to be carried out.

(4)However, if the infrastructure charges notice has, before the commencement, been found by a court or tribunal to be invalid or has been set aside by a court or tribunal—

(a)the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but

(b)new section 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval.

(5)For subsections (2) to (4), new section 99BRCJ applies as if—

(a)a reference in the section to the Planning Act includes a reference to the repealed SPA; and

(b)a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA.

161   Infrastructure charges notices—s 99BRCJ as in force before 5 December 2014

(1)This section applies in relation to an infrastructure charges notice given for a water approval before the commencement if—

(a)section 99BRCJ as in force before 5 December 2014 (the relevant provision) applied in relation to the levied charge under the notice; and

(b)the levied charge did not comply with the relevant provision when the notice was given.

(2)It is declared that the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ, other than new section 99BRCJ(3)(b)(ii), been in force when the notice was given.

(3)Anything done, or omitted to be done, in relation to the infrastructure charges notice is taken to be, and to have always been, as valid and lawful as it would be or would have been had new section 99BRCJ, other than new section 99BRCJ(3)(b)(ii), been in force when the notice was given.

(4)However, if the infrastructure charges notice has, before the commencement, been found by a court or tribunal to be invalid or has been set aside by a court or tribunal—

(a)the decision of the court or tribunal, and any orders, declarations or directions made by the court or tribunal in relation to the decision, stand; but

(b)new section 99BRCJ applies in relation to the giving, after the commencement, of a new infrastructure charges notice for the water approval.

(5)For subsections (2) to (4), new section 99BRCJ applies as if—

(a)a reference in the section to the Planning Act includes a reference to the repealed SPA; and

(b)a reference in the section to a term that is defined under the Planning Act and the repealed SPA includes a reference to the term as defined under the repealed SPA.

Schedule Dictionary

section 7

2007 restructuring Act means the South East Queensland Water (Restructuring) Act 2007.

2010–11 financial year ...

2011–12 Allconnex services ...

2011–12 financial year ...

2012–13 financial year ...

2012–13 withdrawn council services ...

accrued right to long service leave, for chapter 5, part 3, see section 99BY.

Acquisition of Land Act means the Acquisition of Land Act 1967.

additional payment condition, for chapter 4C, part 7, see section 99BRCC.

adopted charge, for chapter 4C, see section 99BRCF(1).

Note—

See also section 140F.

agreement, for chapter 4C, part 7, see section 99BRCC.

agreement to take, for land, means a resumption agreement in relation to the land within the meaning of the Acquisition of Land Act, section 15.

Allconnex see section 92AB.

Allconnex infrastructure funding matter means an agreement, charge or condition imposed, levied or made by or for, or for the benefit of, Allconnex or its water infrastructure under the repealed SPA, chapter 9, part 7A, division 5.

Allconnex planning matter see section 92BL(3).

Allconnex’s dissolution day see section 92EQ(2).

alteration, for a connection, includes any material change in infrastructure or increase in demand for a water service or sewerage service at the connection.

appropriately qualified, for the performance of a function or exercise of a power, includes having the qualifications, experience and competence to perform the function or exercise the power.

approval holder—

(a)generally—means the holder of a trade waste approval or seepage water approval; or

(b)for a provision about a particular trade waste approval or seepage water approval—means the holder of that approval; or

(c)for a provision about a discharge compliance notice—means the holder of the trade waste approval or seepage water approval to whom the notice was, or is to be, given.

approved form means a form approved under section 101.

approved inspection program means an inspection program approved under section 53CP of which notice has been given as required under that section.

asset owner, for chapter 3, part 5, see section 84(1)(c).

associated employee ...

authorised person means an authorised person under the Water Supply Act.

automatic increase provision, for chapter 4C, part 7, see section 99BRCG(3)(b).

available for inspection, for a document of or held by an entity, means that the document, or a certified copy of it, is held in the entity’s public office in a way that anyone may inspect it free of charge whenever the office is open for business.

available for inspection and purchase, for a document of or held by an entity, means that—

(a)the document, or a certified copy of it, is available for inspection; and

(b)a person may obtain—

(i)if the entity may lawfully copy the document—a copy of the document, or part of the document, from the entity; or

(ii)if the entity can not lawfully copy the document—information at the entity’s public office about how to obtain a copy of it.

base year ...

board—

(a)generally, means a distributor-retailer’s board; and

(b)for a provision about a particular distributor-retailer, means that distributor-retailer’s board; and

(c)for a chief executive officer, means the board of the distributor-retailer of which he or she is, or is being appointed to be, the chief executive officer.

board decision, for chapter 4C, part 7, see section 99BRCF(1).

building and development committee ...

bulk water component means the charge for bulk water services included in an SEQ service provider’s charge.

bundled agreement, for chapter 3, part 3, division 2, subdivision 3, see section 77(3).

capped charge ...

capped prices period ...

CBA 2010 means the City of Brisbane Act 2010.

certification statement see section 92AY(2).

change, for a subsidy or rebate, includes—

(a)a failure to renew it; or

(b)a renewal of it without an adjustment equal to or greater than an adjustment for the CPI figure from the Capital Cities Comparison in the publication ‘Consumer Price Index, Australia’, Cat no. 6401.0, for Brisbane relating to the annual period from one March quarter to the next March quarter published by the Australian Bureau of Statistics.

charge decision, for chapter 4C, part 4, see section 99BRAX.

charged premises ...

charges breakup see the Planning Act, schedule 2.

charges schedule see section 99BO(1)(g).

code means—

(a)for chapter 4A—the SEQ design and construction code; or

(b)otherwise—the customer water and wastewater code.

commission ...

compliance assessment...

conditions, for a provision about an employee, means terms and conditions of the employee’s employment.

connection means a property service connection or network connection.

connection area see section 99BO(1)(f)(i).

connection charge—

(a)generally—see section 99BRAN(1)(a); and

(b)for a standard connection—see section 99BRAV(1)(a).

connections policy see section 99BO(1)(f).

consent arrangement, for chapter 2B, part 2, see section 53BI(1)(b).

consequential work see section 53BV(1)(b).

consequential work requirement see section 53BV(2).

consistency amendment, of a trade waste approval, see section 53AG(2).

conversion application see section 99BRDE(2).

conversion decision, for chapter 4C, part 4, see section 99BRAX.

corporate entity (service provider) means a corporate entity created under LGA 2009 by a withdrawn council to acquire and conduct its WSP business mentioned in section 92AJ.

councillor means a councillor of a local government under LGA 2009 or CBA 2010.

councillor-member see section 33(3).

CPI means—

(a)the all groups index for Brisbane published by the Australian Bureau of Statistics; or

(b)if the index ceases to be published, another similar index prescribed under a regulation.

customer see the Water Supply Act, schedule 3.

customer water and wastewater code see section 93(1).

decision notice see section 99BRAI(1).

deemed refusal, for a conversion application, see section 99BRAX.

designated industrial instrument ...

development application means a development application under the Planning Act.

development approval means a development approval under the Planning Act.

development infrastructure see the Planning Act, schedule 2.

development tribunal means a tribunal established under the Planning Act, section 235.

discharge compliance action see section 53DM(2).

discharge compliance notice—

(a)generally—see section 53DJ(2); and

(b)for a provision about an approval holder—means the approval holder to whom the discharge compliance notice was given.

discharge offence means an offence against—

(a)section 53DL; or

(b)the Water Supply Act, chapter 2, part 6; or

(c)the Water Supply Act, chapter 2, part 7, to the extent that part relates to trade waste or seepage water and an SEQ service provider’s infrastructure as a sewerage service provider.

discharge officer means—

(a)generally—a person who holds appointment as a discharge officer under section 53CK; and

(b)for a provision about a distributor-retailer—a discharge officer appointed by the distributor-retailer.

distributor-retailer—

(a)generally—see section 8; and

(b)for a provision about a local government—means the distributor-retailer for which the local government is a participating local government; and

(c)for a provision about a discharge officer, a water connection officer or a water restriction officer—means the distributor-retailer that appointed the officer; and

(d)for a provision about a discharge compliance notice or a water connection compliance notice—means the distributor-retailer that gave the notice; and

(e)for a provision about an application for a water approval for a connection or a request for a standard connection—means the distributor-retailer for the connection or standard connection; and

(f)for a provision about a water approval for a connection—means the distributor-retailer for the connection; and

(g)for a provision about an infrastructure charges notice—means the distributor-retailer that gave the notice.

distributor-retailer capping provisions ...

distributor-retailer’s charge, for chapter 2A, part 3, division 2, see section 53AV(1).

distributor-retailer test ...

drinking water see the Water Supply Act, schedule 3.

drinking water quality management plan see the Water Supply Act, schedule 3.

ecological sustainability means the balance that integrates—

(a)protection of ecological processes and natural systems at local, regional, State and wider levels; and

(b)economic development; and

(c)maintenance of the cultural, economic, physical and social wellbeing of people and communities.

establishing council, for a provision about a corporate entity (service provider), means the withdrawn council that decided to create the entity.

establishment cost, for chapter 4C, part 7, see section 99BRCC.

EWO Act means the Energy and Water Ombudsman Act 2006.

existing conditions ...

final price path ...

fixed access charge means a fixed access charge mentioned in section 99AV(2).

former employer—

(a)for chapter 3, part 4, division 2, see section 81; or

(b)for chapter 5, part 3, see section 99BZ(b).

former employment see section 99BZ(b).

future connection area see section 99BO(1)(f)(ii).

geographically-connected, for a provision about a withdrawn council and land, the performance of a function or another matter, means the withdrawn council in whose local government area the land is in, the function was performed or to which the matter relates.

geographic area, for a distributor-retailer, see section 6.

geographic area functions, for a distributor-retailer, see section 11(2).

group direction see section 49(1).

independent member see section 33(3).

independent test see section 99AJ(1)(b).

independent tester see section 99AJ(1)(b).

indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659 applies to the indictable offence.

individual direction see section 49A(2).

information notice, for a decision, means a notice—

(a)stating the following—

(i)the decision;

(ii)the reasons for the decision;

(iii)the name and address of any other person who was given the notice;

(iv)that the person to whom the notice is given may apply for an internal review of the decision, within 30 business days after the notice is given;

(v)how to apply for the internal review; and

(b)including a copy of the relevant internal review provisions of this Act or the Water Supply Act.

information request see section 53CF(2).

infrastructure agreement means any of the following agreements—

(a)an infrastructure agreement under the Planning Act;

(b)an infrastructure agreement under the repealed SPA;

(c)an infrastructure agreement under the repealed IPA, mentioned in the repealed SPA, section 840;

(d)an infrastructure agreement under the repealed Local Government (Planning and Environment) Act 1990 to which the repealed SPA, section 855 applied;

(e)an agreement to which the repealed SPA, section 856 applied.

infrastructure charges notice means—

(a)if paragraphs (b) and (c) do not apply—an infrastructure charges notice given under section 99BRCI(2) or 99BRDH(4)(a); or

(b)if, under the Planning Act, section 125(3), as applied under section 99BRCN, a negotiated notice within the meaning of the Planning Act, section 125(3) replaces an existing infrastructure charges notice—the negotiated notice; or

(c)if an existing infrastructure charges notice is amended or replaced under section 99BRAK(5)(c), 99BRDC(3) or 99BRDH(4)(b)—the notice as amended or replaced.

infrastructure charges schedule, for chapter 4C, part 7, see section 99BRCD.

infringement notice offence means an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence for this Act or the Water Supply Act.

insolvent under administration ...

instrument—

1

An instrument is a document of any type or an oral agreement.

Example—

an infrastructure agreement

2A reference to an instrument includes a reference to any part of the instrument.

interested person, for chapter 4C, part 4, see section 99BRAW(1).

internal review application, for chapter 4C, part 4, see section 99BRAZ.

IR Act ...

Land Act means the Land Act 1994.

Land Act chief executive means the chief executive of the department in which the Land Act is administered.

Land Act Minister means the Minister administering the Land Act.

landowner, for chapter 3, part 5, see section 84(1)(c).

Land Title Act means the Land Title Act 1994.

levied charge, for chapter 4C, part 7, see section 99BRCI(6).

LGA 2009 means the Local Government Act 2009.

LGIP means an LGIP under the Planning Act.

local government direction ...

location, of water infrastructure on a road, see section 53BG.

meter means a device, including equipment related to the device, for measuring the volume of water supplied to premises and installed on infrastructure that supplies a water service at the premises.

necessary infrastructure condition, for chapter 4C, part 7, see section 99BRCP(2).

network connection means—

(a)the connection of network infrastructure to a distributor-retailer’s water infrastructure to supply a water service or wastewater service; and

(b)the disconnection of network infrastructure from a distributor-retailer’s water infrastructure to stop supply of a water service or wastewater service; and

(c)the alteration of network infrastructure; and

(d)works for the matters mentioned in paragraph (a), (b) or (c) to extend or upgrade the distributor-retailer’s water infrastructure.

network infrastructure means—

(a)generally—water infrastructure, other than property service infrastructure; and

(b)for chapter 4C, part 2—trunk infrastructure or non-trunk infrastructure.

new employer—

(a)for chapter 3, part 4, division 2, see section 81; or

(b)for chapter 5, part 3, see section 99BZ(a).

new employment see section 99BZ(a).

nominated person, of a distributor-retailer, means a person who is endorsed by its chief executive officer.

non-residential customer means a customer who is a non-residential customer under section 99AR(2).

non-trunk infrastructure, for a distributor-retailer, means water infrastructure of the distributor-retailer that is development infrastructure, other than trunk infrastructure.

notice means a notice in writing.

offence warning, for a provision about a requirement, means a warning that, without a reasonable excuse, it is an offence for the person of whom the requirement was made not to comply with the requirement.

original decision, for chapter 4C, part 4, see section 99BRAW(2).

overdue charge, for chapter 2A, part 3, division 2, see section 53AS(2).

owner, for chapter 4C, of land, means any of the following—

(a)the registered proprietor of the land under the Land Title Act 1994;

(b)the lessee or licensee under the Land Act 1994 of the land;

(c)the holder of a mineral development licence or mining lease over the land under the Mineral Resources Act 1989;

(d)the holder of a petroleum lease over the land under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004;

(e)the entity who, for the time being, has lawful control of the land, on trust or otherwise;

(f)the person who is entitled to receive the rents and profits of the land.

part A, of a water netserv plan, see section 99BN(a).

part B, of a water netserv plan, see section 99BN(b).

participants, for a distributor-retailer, see section 20(3).

participating local governments, for a distributor-retailer, see section 5(1).

participation agreement—

(a)generally, means a participation agreement made under section 20 or 23; or

(b)for a provision about a distributor-retailer or a distributor-retailer’s board, means the participation agreement between the distributor-retailer and its participating local governments.

participation rights, for a distributor-retailer, see section 20(2).

parties, to the retransfer, see section 92AR(1).

party, for chapter 3A, part 4, division 4, subdivision 3, see section 92CE(3).

payer, for a provision about a levied charge or for a payment, see section 99BRCC.

payment, for chapter 4C, part 7, see section 99BRCC.

Planning Act means the Planning Act 2016.

planning and reporting requirements, for a distributor-retailer, see section 20(4).

planning assumptions, for a relevant area of an SEQ service provider, means—

(a)for a distributor-retailer—

(i)

the assumptions about the type, scale, location and timing of future development and future growth (each a planning descriptor) for any part of the area stated in the distributor-retailer’s participating local governments’ LGIPs; or

(ii)if the distributor-retailer, a participating local government and the Planning Minister agree that assumptions about a planning descriptor stated in a proposed LGIP for the area are appropriate for preparing or reviewing a water netserv plan—the agreed assumptions; or

(iii)if the distributor-retailer, a participating local government and the Planning Minister agree that different assumptions about a planning descriptor are appropriate for preparing or reviewing a water netserv plan—the agreed assumptions; or

(b)for a withdrawn council—

(i)the assumptions about the planning descriptors for any part of the area stated in the council’s LGIPs; or

(ii)if the council and the Planning Minister agree that assumptions about a planning descriptor stated in a proposed LGIP for the area are appropriate for preparing or reviewing a water netserv plan—the agreed assumptions; or

(c)for a corporate entity (service provider)—

(i)the assumptions about the planning descriptors for any part of the area stated in the entity’s establishing council’s LGIPs; or

(ii)if the entity’s establishing council and the Planning Minister agree that assumptions about a planning descriptor stated in a proposed LGIP for the council are appropriate for preparing or reviewing a water netserv plan—the agreed assumptions.

Planning Minister means the Minister administering the Planning Act.

planning scheme means a planning scheme under the Planning Act.

PPI, for chapter 4C, part 7, see section 99BRCC.

PPI index ...

premises—

(a)for chapter 4C, part 7—see section 99BRCC; or

(b)otherwise, means—

(i)a lot as defined under the Planning Act, schedule 2; or

(ii)for a lot under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980—the common property for the lot.

prescribed margin, for a meter test, means the prescribed margin under section 99AK(2).

priority infrastructure plan ...

proceeding includes an arbitration or internal review application under the Water Supply Act.

program period, for a provision about an approved inspection program, see section 53CP(3)(e).

property service connection means—

(a)the connection of property service infrastructure to a distributor-retailer’s water infrastructure to supply a water service or wastewater service; and

(b)the disconnection of property service infrastructure from a distributor-retailer’s water infrastructure to stop supply of a water service or wastewater service; and

(c)the alteration of property service infrastructure that is part of a distributor-retailer’s water infrastructure.

property service infrastructure has the meaning of a property service under the Water Supply Act, schedule 3.

property service works charge—

(a)generally—see section 99BRAN(1)(b); and

(b)for a standard connection—see section 99BRAV(1)(b).

proportional joint successor, for Allconnex, see section 92AD(3).

provider test see section 99AJ(1)(a).

public entity—

(a)generally—see section 53BC; and

(b)for a publicly-controlled place—see section 53BD(3).

public entity approval see section 53BI(1)(a).

public entity work see section 53BT.

publicly-controlled place see section 53BD.

public thoroughfare easement means a public thoroughfare easement under either of the following provisions, if the easement is in favour of the State—

(a)the Land Act, chapter 6, part 4, division 8;

(b)the Land Title Act, part 6, division 4.

quarter means a whole period of 3 months ending at the end of 31 March, 30 June, 30 September or 31 December.

Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than a website of a local government.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably suspects means to suspect on grounds that are reasonable in the circumstances.

reconfiguring a lot see the Planning Act, schedule 2.

record includes any document.

recycled water see the Water Supply Act, schedule 3.

recycled water scheme see the Water Supply Act, schedule 3.

registrar means the registrar of titles under the Land Title Act or another person responsible for keeping a register for dealings in land.

regulator see the Water Supply Act, section 10.

relevant action, for chapter 3, part 3, division 2, subdivision 3A, see section 77I(3).

relevant area, for an SEQ service provider, see section 99BK(b).

relevant council, for a proposed, existing or former councillor-member, is the participating local government of which the member is proposed to be, is or was a councillor.

relevant planning assumptions see section 99BK(b).

relevant services ...

relevant year ...

remedial action see section 53BZ.

remedial action requirement see section 53CA.

repealed IPA means the repealed Integrated Planning Act 1997.

repealed SPA means the repealed Sustainable Planning Act 2009.

replacement, for a provision about a proceeding to which Allconnex is a party or that could have been started by Allconnex, means a withdrawn council that is to be Allconnex’s successor in law to or against the cause of action for the proceeding and is to become a party to the proceeding instead of Allconnex.

required period, for a conversion application, see section 99BRDF(6).

residential customer means a customer who is a residential customer under section 99AQ(2).

retransfer, from Allconnex to the withdrawn councils, see section 92AR(2).

retransfer direction see section 92BD(1).

retransfer document means the retransfer scheme, a retransfer notice or a retransfer direction.

retransfer notice see section 92BC(2).

retransfer period ...

retransfer scheme see section 92AR(1).

retransfer staff support framework ...

review decision, for chapter 4C, part 4, see section 99BRBB(1).

reviewer, for chapter 4C, part 4, see section 99BRAZ(2).

road see section 53BE(1).

road works see section 53BF.

schedule of works, for a distributor-retailer, means a schedule including the following information—

(a)a map of development infrastructure of the distributor-retailer that is to be identified in the schedule as trunk infrastructure;

(b)

identification of proposed development infrastructure of the distributor-retailer that is to be identified in the schedule as trunk infrastructure (future trunk infrastructure);

(c)the location, estimated cost and expected time of delivery of future trunk infrastructure.

seepage water see the Water Supply Act, schedule 3.

seepage water approval means a seepage water approval under the Water Supply Act, section 180(1) and includes a condition of a seepage water approval.

SEQ design and construction code see section 99AY.

SEQ region see the Water Act, section 341.

SEQ regional plan means the regional plan for the SEQ region under the Planning Act.

SEQ service provider means—

(a)a distributor-retailer; and

(b)either—

(i)generally—a withdrawn council; or

(ii)if a withdrawn council is the establishing council for a corporate entity (service provider)—that entity.

service provider see the Water Supply Act, schedule 3.

service provider functions, for a provision about a withdrawn council, means its functions under the Water Supply Act as a service provider and its functions under this Act as a withdrawn council.

services advice notice see section 99BRAC(1).

sewerage service provider see the Water Supply Act, schedule 3.

show cause notice means a notice that complies with the Water Supply Act, section 463.

small business customer, of an SEQ service provider for water services or wastewater services, means a customer (other than a residential customer) of the provider for the services if—

(a)the customer uses or, if connected to the SEQ service provider’s water service or wastewater service, would be likely to use no more than 100kL of drinking water a year; or

(b)the customer is of a type of customer that ordinarily uses no more than 100kL of drinking water a year; or

(c)the customer has given the SEQ service provider notice, and the provider is satisfied, that the customer is likely to use no more than 100kL of drinking water a year.

spent conviction ...

SPRP (adopted charges) ...

staff support framework ...

staged water connection means a connection that complies with a distributor-retailer’s criteria under section 99BOA(b).

staged water connection application means an application for a staged water connection.

standard appeal period, for chapter 4C, part 4, see section 99BRAX.

standard appeal period, for chapter 4C, part 4, see section 99BRAX.

standard conditions, for chapter 4C, see section 99BRAU(7).

standard connection, for chapter 4C, see section 99BRAU(1).

State-controlled road see section 53BE(2).

subject premises, for chapter 4C, part 7, see section 99BRCP(1).

successor see section 92AD.

trade waste means water-borne waste from business, trade or manufacturing premises, other than—

(a)waste that is a prohibited substance under the Water Supply Act, schedule 1; or

(b)human waste; or

(c)stormwater.

trade waste approval means a trade waste approval under the Water Supply Act, section 180(1) and includes a condition of a trade waste approval.

trade waste compliance action ...

trade waste compliance notice ...

trade waste offence ...

trade waste officer ...

transfer direction see section 65(1).

transfer notice see section 62(1).

transfer scheme see section 54(1).

transition, to a distributor-retailer from its participating local governments, see section 54(3).

transitional matter, for chapter 6, part 6, see section 119.

transition document means a transfer scheme, transfer notice or transfer direction.

Transport Infrastructure Act means the Transport Infrastructure Act 1994.

trunk infrastructure, for a distributor-retailer, means water infrastructure of the distributor-retailer that is—

(a)development infrastructure identified in the distributor-retailer’s water netserv plan as trunk infrastructure; or

(b)development infrastructure that, because of a conversion application, becomes trunk infrastructure; or

(c)development infrastructure that is required to be provided under a condition imposed under section 99BRCR(2).

variable measures, for relevant services or 2011–12 Allconnex services, includes a measure based on—

(a)the amount of water supplied or wastewater discharged from the charged premises; or

(b)the number of pedestals or urinals on the charged premises.

wastewater includes sewage.

wastewater service means any of the following—

(a)a sewerage service under the Water Supply Act, schedule 3;

(b)services relating to trade waste as defined under the Water Supply Act.

Water Act means the Water Act 2000.

water approval means a decision notice that approves all or part of an application for a connection under chapter 4C, part 2 with or without water approval conditions or water approval charges.

water approval conditions, for chapter 4C, see section 99BRAG(2).

water aspect, for chapter 3, part 3, division 2, subdivision 3, see section 77B(1)(b).

water connection compliance action, for chapter 2C, see section 53DNG(2).

water connection compliance notice see section 53DND(2).

water connection offence means an offence against—

(a)the Water Supply Act, chapter 2, part 7, other than to the extent that part relates to trade waste or seepage water; or

(b)chapter 4C, part 5.

water connection officer, for chapter 2C, means a person who holds appointment as a water connection officer under section 53CK.

water EPP means the Environmental Protection (Water) Policy 2009.

water infrastructure see section 53BB(1).

water infrastructure agreement see section 99BRDK.

water infrastructure work see section 53BB(2).

water netserv plan see section 99BJ.

water restriction officer means a person who holds appointment as a water restriction officer under section 53CK.

water service see the Water Supply Act, schedule 3.

Water Supply Act means the Water Supply (Safety and Reliability) Act 2008.

withdrawal costs see section 92BW.

withdrawn council see section 92AC.

work direction see section 53BQ(2).