South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 (Qld)

Queensland South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Act No. 1 of 2012

Queensland South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of South-East Queensland Water (Distributionand Retail Restructuring) Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 4 (Achievement of purposes) . . . . . . . . . . . . . . 15 Amendment of s 5 (Who are a distributor-retailer’s participating local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Insertion of new ch 1, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 3 Functions 7A References to functions . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 8 (Establishment) . . . . . . . . . . . . . . . . . . . . . . . 16 Insertion of new s 18B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 18B Joint government activity power for LGA 2009 and CBA 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 20 (Requirement for agreement) . . . . . . . . . . . . 16 Amendment of s 22 (Particular matters agreement may provide for) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 28 (General power to amend by agreement) . . 17 Replacement of ss 33–36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 Membership in general. . . . . . . . . . . . . . . . . . . . . . . . 17 34 Councillor-members . . . . . . . . . . . . . . . . . . . . . . . . . . 18 35 Independent members . . . . . . . . . . . . . . . . . . . . . . . . 19

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents 13 14 15 16 17 18 19 20 21 22 23 Page 2 36 Disqualifications for independent member . . . . . . . . . 36A Terms of membership. . . . . . . . . . . . . . . . . . . . . . . . . 36B Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 40 (Conduct of meetings) . . . . . . . . . . . . . . . . . Amendment of s 42 (Disclosure of interests) . . . . . . . . . . . . . . . . Amendment of s 49 (Reserve power to give directions in public interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49A Individual directions . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 50 (Publication of directions) . . . . . . . . . . . . . . . Replacement of s 51 (Local government directions relevant to duty) .......................................... 51 Compliance with directions. . . . . . . . . . . . . . . . . . . . . Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52A Relationship between councillor-member functions and councillor functions . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 53 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 53ARA (Definitions for div 1) . . . . . . . . . . . . . . . Amendment of s 53BA (Ownership of water infrastructure that becomes part of land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 3A Replacement of Allconnex by councils Part 1 Preliminary 92AA Application of ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 92AB What is Allconnex . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92AC What is a withdrawn council . . . . . . . . . . . . . . . . . . . . 92AD What is Allconnex’s successor . . . . . . . . . . . . . . . . . . Part 2 General provisions for retransfer to withdrawn councils on 1 July 2012 Division 1 Preliminary 92AE Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 General service provider provisions 92AF Allconnex ceases to be service provider . . . . . . . . . . 92AG Withdrawn councils become service providers . . . . . 92AH No notice to regulator required. . . . . . . . . . . . . . . . . . 92AI Withdrawn council’s initial service area . . . . . . . . . . . 92AJ Creation of commercial business units for withdrawn councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 20 21 21 22 22 22 22 24 24 24 24 24 25 25 25 25 25 26 26 26 28 28 28 28 29 29 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents 92AK Migration of customers . . . . . . . . . . . . . . . . . . . . . . . . 92AL Migration of appointments and delegations . . . . . . . . Division 3 Transfer of Allconnex’s trade waste and seepage water functions under Water Supply Act 92AM Application of particular provisions of ch 2C . . . . . . . 92AN Other functions not affected . . . . . . . . . . . . . . . . . . . . Division 4 Allconnex’s status, functions and board 92AO Legal status unaffected until dissolution. . . . . . . . . . . 92AP Residual functions . . . . . . . . . . . . . . . . . . . . . . . . . . . 92AQ Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 Retransfer provisions Division 1 Retransfer scheme Subdivision 1 General provisions 92AR Requirement to make scheme . . . . . . . . . . . . . . . . . . 92AS Restriction on scheme taking effect . . . . . . . . . . . . . . Subdivision 2 Contents 92AT Requirement to deal with proceedings and claims. . . 92AU Accounting for assets and liabilities . . . . . . . . . . . . . . 92AV Requirement to retransfer particular land to same withdrawn council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92AW Required transferee for after-acquired land . . . . . . . . 92AX Particular matters scheme may provide for . . . . . . . . Subdivision 3 Certification statement 92AY Requirement to give statement to Minister . . . . . . . . . 92AZ Content requirements. . . . . . . . . . . . . . . . . . . . . . . . . 92BA Ministerial notice of retransfer . . . . . . . . . . . . . . . . . . Subdivision 4 Miscellaneous provision 92BB Discharge of liabilities. . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Ministerial functions for retransfer 92BC Retransfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92BD Retransfer direction . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Miscellaneous provisions for retransfer documents 92BE Discharge of liabilities. . . . . . . . . . . . . . . . . . . . . . . . . 92BF Effect of retransfer document . . . . . . . . . . . . . . . . . . . Part 4 General provisions facilitating retransfer 30 30 30 31 31 31 32 32 33 33 34 35 36 36 38 38 40 41 41 42 43 43 2012 Act No. 1 Page 3

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents Page 4 Division 1 Preliminary 92BG Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Default provisions Subdivision 1 General provisions 92BH Allconnex’s service charges . . . . . . . . . . . . . . . . . . . . 92BI Allconnex’s other assets and liabilities . . . . . . . . . . . . 92BJ Allconnex’s replacement for proceedings . . . . . . . . . . 92BK Proceedings not started . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Provisions for infrastructure agreements and actions under Acts about planning 92BL Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 92BM Novation if only 1 successor. . . . . . . . . . . . . . . . . . . . 92BN Negotiation required if more than 1 successor. . . . . . 92BO Effect of negotiated agreement or Minister’s decision 92BP Discharge of Allconnex. . . . . . . . . . . . . . . . . . . . . . . . 92BQ Other necessary changes to be made for transition. . 92BR Provision for things done before retransfer. . . . . . . . . Division 3 Information provisions 92BS Authorised exchange of information . . . . . . . . . . . . . . 92BT Disclosure and use of information for retransfer. . . . . 92BU Provision for continued access to Allconnex’s records 92BV Relationship with InformationPrivacyAct2009 and Right to Information Act 2009. . . . . . . . . . . . . . . . . . . Division 4 Withdrawal costs Subdivision 1 Preliminary 92BW What are withdrawal costs . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Entitlements 92BX Gold Coast City Council bears its own withdrawal costs ................................. 92BY Allconnex’s withdrawal costs . . . . . . . . . . . . . . . . . . . 92BZ Other withdrawn councils . . . . . . . . . . . . . . . . . . . . . . 92CA Claiming withdrawal costs . . . . . . . . . . . . . . . . . . . . . 92CB Duty to mitigate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92CC Limitation period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92CD Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Arbitration 92CE Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 44 44 45 46 46 47 48 48 49 49 50 50 50 50 51 51 52 53 53 53 53 54 54 54 55 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents 2012 Act No. 1 92CF Referral to arbitrator . . . . . . . . . . . . . . . . . . . . . . . . . . 92CG Conduct of arbitration . . . . . . . . . . . . . . . . . . . . . . . . . 92CH Ordinary protection and immunity allowed . . . . . . . . . 92CI Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92CJ Order final. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92CK How order enforced . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Other provisions 92CL Application of JudicialReviewAct1991 to particular decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92CM Effect on legal relationships . . . . . . . . . . . . . . . . . . . . 92CN References to Allconnex. . . . . . . . . . . . . . . . . . . . . . . 92CO Registering authority to register or record transfer . . . 92CP Non-liability for State taxes, charges or fees . . . . . . . 92CQ Tax equivalents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92CR Existing trade waste compliance notices . . . . . . . . . . Part 5 Provisions for other laws and instruments Division 1 Preliminary 92CS Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Water Act 92CT Provision for market rules. . . . . . . . . . . . . . . . . . . . . . 92CU New grid contract documents for withdrawn councils. 92CUA Water efficiency management plans . . . . . . . . . . . . . 92CUB Migration of other actions . . . . . . . . . . . . . . . . . . Division 3 WaterSupplyAct Subdivision 1 Existing trade waste and seepage approvals 92CV Existing trade waste and seepage water approvals . . 92CW Power to amend existing trade waste approvals for particular purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Other matters 92CX Migration of applications. . . . . . . . . . . . . . . . . . . . . . . 92CY Migration of Allconnex’s actions . . . . . . . . . . . . . 92CZ Compliance and other notices . . . . . . . . . . . . . . . . . . 92DA Plans under the WaterSupplyAct—generally . . . . . . 92DB Provision about service areas—after water netserv plan is in effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92DC Strategic asset management plan . . . . . . . . . . . . . . . 92DD Recycled water management plan . . . . . . . . . . . . . . . 55 55 56 56 57 57 57 57 59 59 60 60 60 61 61 61 62 63 63 64 64 65 65 66 66 66 67 Page 5

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents Page 6 92DE System leakage management plans . . . . . . . . . . . . . 92DF Drinking water quality management plan . . . . . . . . . . Division 4 Water EPP 92DG Trade waste plans and managing wastewater services Division 5 Amending particular documents to reflect transition 92DH Amendment power . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Planning Act 92DI Cessation of Allconnex’s functions . . . . . . . . . . . . . . . 92DJ Continued effect of non-application of planning schemes under s 78A. . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Acquisition of Land Act 92DK Existing acquisitions . . . . . . . . . . . . . . . . . . . . . . . . . . 92DL Acquisitions interrupted by retransfer scheme or notice ................................ 92DM Provisions for withdrawn council becoming constructing authority . . . . . . . . . . . . . . . . . . . . . . . . . Division 8 Land Act 92DN Provision for particular freehold land and LandAct leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 9 Plumbing and Drainage Act 2002 92DO Cessation of functions and other matters. . . . . . . . . . Division 10 LGA 2009 92DP LGA 2009 applies for particular debts to Allconnex . . Part 6 Provisions for separately retransferred land and attached assets 92DQ Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 92DR References to land with asset attached . . . . . . . . . . . 92DS Entry to the land by local government workers. . . . . . 92DT Land owner’s obligations for asset . . . . . . . . . . . . . . . Part 7 Restrictions on particular charges for 2012–13 financial year Division 1 Preliminary 92DU Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 92DV Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Cap for 2012–13 financial year 92DW Cap. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92DX Cap not affected by rebate or subsidy change . . . . . . 67 67 68 68 69 70 70 70 71 72 72 73 74 74 74 75 75 76 77 78 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents Division 3 Provisions for no or partial base year 92DY Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 92DZ Notional base component required for working out cap 79 92EA Criteria if no base year . . . . . . . . . . . . . . . . . . . . . . . . 79 92EB Criteria if partial base year . . . . . . . . . . . . . . . . . . . . . 79 Part 8 Workforce provisions Division 1 Support framework for retransfer 92EC Ministerial approval of framework. . . . . . . . . . . . . . . . 80 92ED When framework commences . . . . . . . . . . . . . . . . . . 80 92EE Effect on staff support framework. . . . . . . . . . . . . . . . 81 92EF Publication of framework . . . . . . . . . . . . . . . . . . . . . . 81 92EG Obligation to comply with framework . . . . . . . . . . . . . 81 92EH Framework prevails over retransfer scheme or notice 82 Division 2 Preservation of employee rights Subdivision 1 Preliminary 92EI Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Subdivision 2 General provisions 92EJ Transfer has effect despite other laws and instruments 82 92EK Continuity of employment . . . . . . . . . . . . . . . . . . . . . . 82 Subdivision 3 Preservation of employees’ rights during retransfer period 92EL What is the retransfer period and existing conditions. 83 92EM What is a designated industrial instrument. . . . . . . . . 84 92EN Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . 84 92EO Provisions for existing conditions . . . . . . . . . . . . . . . . 85 92EP Declaratory provision for industrial instruments . . . . . 86 Part 9 Dissolution of Allconnex 92EQ Fixing dissolution day . . . . . . . . . . . . . . . . . . . . . . . . . 86 92ER Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 92ES Other provisions for dissolution . . . . . . . . . . . . . . . . . 87 24 Amendment of s 93 (Minister’s power to make code). . . . . . . . . . 87 25 Amendment of s 94 (Particular matters code may provide for) . . 88 26 Amendment of s 99AAA (Distributor-retailer to give report to commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 27 Amendment of s 99AB (Obligation to comply with part). . . . . . . . 88 28 Amendment of s 99AC (Application of complaints standard) . . . . 89 2012 Act No. 1 Page 7

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents 29 Amendment of s 99AD (Customer service charter) . . . . . . . . . . . 89 30 Replacement of s 99AE (Updating of and access to customer service charter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 99AE Updating charter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 99AEA Access to charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 31 Amendment of s 99AFA (Distributor-retailer may accept meter reading by customer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 32 Amendment of s 99AG (Meters must be read annually) . . . . . . . 90 33 Replacement of s 99AH (Methods and basis of charging) . . . . . . 90 99AH Methods and basis of charging . . . . . . . . . . . . . . . . . 91 34 Amendment of s 99AI (Special meter readings). . . . . . . . . . . . . . 91 35 Replacement of s 99AJ (Meter accuracy test at customer’s request) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 99AJ Meter accuracy test at customer’s request. . . . . . . . . 92 36 Amendment of s 99AM (Notice of test results). . . . . . . . . . . . . . . 92 37 Amendment of s 99AN (Refund and adjustment if inaccuracy) . . 93 38 Amendment of s 99AO (Using testing instruments) . . . . . . . . . . . 93 39 Replacement of s 99AT (Restricting water supply for not paying charges or giving security) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 99AT Restricting water supply . . . . . . . . . . . . . . . . . . . . . . . 93 40 Amendment of s 99ATA (Publication etc. of charges). . . . . . . . . . 94 41 Amendment of s 99ATB (Exemption from charges) . . . . . . . . . . . 95 42 Amendment of s 99AU (Application of div 4) . . . . . . . . . . . . . . . . 95 43 Amendment of s 99AV (Matters required to be stated in account) 95 44 Replacement of s 99AW (Requirements for accounts included in rates notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 99AW Requirements for accounts for rates notices . . . . . . . 96 45 Amendment of s 99AX (New owner’s obligation to notify distributor-retailer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 46 Amendment of s 99AY (What is the SEQ design and construction code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 47 Amendment of s 99AZ (Requirement to have code) . . . . . . . . . . 97 48 Amendment of s 99BB (Public notice about availability of draft code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 49 Amendment of s 99BC (Preparing final code) . . . . . . . . . . . . . . . 98 50 Amendment of s 99BD (Adopting code). . . . . . . . . . . . . . . . . . . . 98 51 Amendment of s 99BE (When code has effect) . . . . . . . . . . . . . . 98 52 Amendment of s 99BF (Amendment of code) . . . . . . . . . . . . . . . 98 Page 8 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 2012 Act No. 1 Amendment of s 99BG (Power of Minister to direct distributor-retailer to take action about code) . . . . . . . . . . . . . . . . Amendment of s 99BH (Power of Minister if distributor-retailer does not comply with direction) . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of ch 4A, pt 4 (Miscellaneous) . . . . . . . . . . . . . . . . . . . Amendment of s 99BJ (Requirement for distributor-retailer to have plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 99BK (Plan to be consistent with SEQ regional plan and planning assumptions). . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 99BL(Requirement for distributor-retailer to review plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 99BM (Purposes of plan) . . . . . . . . . . . . . . . . . Amendment of s 99BO (Content of part A of plan) . . . . . . . . . . . Amendment of s 99BP (Content of part B of plan) . . . . . . . . . . . . Amendment of s 99BQ (Matters distributor-retailer must have regard to in making plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 99BR (Process for making or amending plan) . Amendment of s 99BS (Content of regulation for making or amending plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 99BT and 99BU . . . . . . . . . . . . . . . . . . . . . . . 99BT Keeping particular documents available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99BU Requirements for infrastructure charges register . . . . Amendment of s 99BV (Distributor-retailer may charge for copies of documents). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ch 5, pt 2 hdg (Participating local government price mitigation documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 99BW (Price mitigation plans). . . . . . . . . . . . . . Amendment of s 99BX (Final price paths) . . . . . . . . . . . . . . . . . . Insertion of new s 99BZD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99BZD Compensation by local governments for particular matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 100C (Commission may make guidelines) . . . . Amendment of s 100D (Application of Water Supply Act internal and external review provisions for decisions under Act). . . . . . . . Amendment of s 100DA (Requirement for distributor-retailer to give information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 100F (Application of WaterSupplyAct enforcement provisions for particular offences) . . . . . . . . . . . . . . Amendment of s 102 (Regulation-making power) . . . . . . . . . . . . 99 99 100 100 100 101 101 102 103 104 105 105 106 106 107 107 108 108 109 109 109 110 111 111 111 112 Page 9

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents 76 77 78 Part 3 79 80 81 82 83 84 Page 10 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107A Declaratory provision for s 83. . . . . . . . . . . . . . . . . . . Insertion of new ch 6, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 6 Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 119 What is a transitional matter . . . . . . . . . . . . . . . . . . . . 120 Price mitigation plans of withdrawn councils . . . . . . . 120A Authorised exchange of information . . . . . . . . . . . . . . 121 Customer water and wastewater code amendments for transitional matters . . . . . . . . . . . . . . . . . . . . . . . . 121A Application of s 99ATA to withdrawn councils and Allconnex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Deferral of application of s 99AV . . . . . . . . . . . . . . . . 123 Transitional regulation-making power . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Energy and Water Ombudsman Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 7A (What is a water entity) . . . . . . . . . . . . . . . 7A What is a water entity and a withdrawn council . . . . . Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25A Use and disclosure of personal information . . . . . . . . Replacement of s 64A (Scheme participation—water entities) . . 64A Scheme participants—water entities . . . . . . . . . . . . . Amendment of s 67A (Amount of participation fee—water entity) Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 12 Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 103 Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Migration of small customers (water) of Allconnex . . . 105 Existing dispute referrals . . . . . . . . . . . . . . . . . . . . . . 106 Disputes not referred before 1 July 2012 . . . . . . . . . . 107 Existing investigations . . . . . . . . . . . . . . . . . . . . . . . . 108 Existing information requirements . . . . . . . . . . . . . . . 109 Existing orders, decisions, declarations and directions ............................ 112 112 113 113 113 113 114 114 114 114 115 122 122 122 122 122 123 123 123 123 124 124 124 125 125 126 126 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents 85 Part 4 86 87 88 89 90 91 92 Part 5 93 94 Part 6 95 96 97 Part 7 98 99 110 Amended budget for 2011–12 financial year . . . . . . . 111 Withdrawn councils’ user-pays fees for 2012–13 financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 References in Acts and other documents. . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Plumbing and Drainage Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 84 (Regulated work or on-site sewerage work by a public sector entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 85 (Process for assessing plans) . . . . . . . . . . . Amendment of s 86 (General process for assessing regulated work and on-site sewerage work). . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 87 (Minor work) . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 10, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8 Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 188 References to relevant service provider until 1 July 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of QueenslandCompetitionAuthorityAct1997 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 16 Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 254 Effect of regulation amendment . . . . . . . . . . . . . . . . . Amendment of Queensland Competition Authority Regulation 2007 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2A (Declaration of monopoly business activity—Act, s 20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of WaterAct2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 360ZCY (Content of market rules) . . . . . . . . . . 126 127 127 128 128 128 129 129 130 130 131 131 132 132 133 133 133 134 134 134 2012 Act No. 1 Page 11

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Contents Part 8 100 101 102 103 104 Part 9 105 Schedule Amendment of Water Supply (Safety and Reliability) Act2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 114 (Application of div 5). . . . . . . . . . . . . . . . . . Amendment of s 138 (Guidelines for rate notice or account for supply of water to residential premises) . . . . . . . . . . . . . . . . . . . . Amendment of s 169 (Restricting domestic water supply in particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . South-EastQueenslandWater(DistributionandRetailRestructuring) Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Energy and Water Ombudsman Act 2006 . . . . . . . . . . . . . . . . . . 135 135 135 135 136 136 137 137 139 Page 12 2012 Act No. 1

Queensland South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Act No. 1 of 2012 An Act to amend the South-East Queensland Water (Distribution and RetailRestructuring) Act 2009, the Energy and Water Ombudsman Act 2006, the Plumbing and Drainage Act 2002, the Queensland Competition AuthorityAct 1997, the Queensland Competition Authority Regulation 2007, the WaterAct 2000 and the Water Supply (Safety and Reliability) Act 2008 for particular purposes [Assented to 17 February 2012]

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 . 2 Commencement (1) The following provisions commence at the end of 30 June 2012— • sections 24 to 74 • parts 5 to 8. (2) Section 78(3) commences on the later of the following— (a) the date of assent of this Act; (b) the date of assent of the Waste Reduction and RecyclingAct 2011 . Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 3 Act amended This part amends the South-EastQueenslandWater(Distribution and Retail Restructuring) Act 2009. Page 14 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 4] Note — See also the amendments in the schedule. 4 Amendment of s 4 (Achievement of purposes) (1) Section 4(2)(b) to (e)— renumber as section 4(2)(c) to (f). (2) Section 4(2)— insert— ‘(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’. 5 Amendment of s 5 (Who are a distributor-retailer’s participating local governments ) Section 5— insert— ‘(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 Insertion of new ch 1, pt 3, div 3 Chapter 1, part 3— insert— 2012 Act No. 1 Page 15

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 7] ‘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.’. 7 Amendment of s 8 (Establishment) Section 8(c)— insert — ‘ Notes — 1 For the authority mentioned in paragraph (c), see chapter 3A (Replacement of Allconnex by councils), part 9 (Dissolution of Allconnex). 2 Under section 92AP, that authority will only have limited functions from 1 July 2012.’. 8 ‘18B Insertion of new s 18B After section 18A-— insert— 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.’. 9 Amendment of s 20 (Requirement for agreement) Section 20(1)(a), ‘the persons who are to have’— omit, insert— Page 16 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 10] ‘that the participating local governments have’. 10 Amendment of s 22 (Particular matters agreement may provide for) Section 22(e), after ‘board’— insert— ‘, including, for example, the term of office of its councillor-members or additional requirements to those under section 34 for their appointment or removal’. 11 Amendment of s 28 (General power to amend by agreement) (1) Section 28, heading, ‘General power’— omit, insert— ‘ Power ’. (2) Section 28(2) and (3)— renumber as section 28(3) and (4). (3) Section 28— insert— ‘(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.’. 12 Replacement of ss 33–36 Sections 33 to 36— omit, insert — ‘33 Membership in general ‘(1) A board is to consist of at least 5 members. 2012 Act No. 1 Page 17

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 12] ‘(2) The members must be appointed under this division by the distributor-retailer’s participants. ‘(3) Each of the distributor-retailer’s participating local governments may have 1 of its councillors as a member of the board (a councillor-member ). ‘(4) However, a board can not have more than 3 councillor-members. ‘(5) At least 3 of a board’s members must be members (each an independent member ) who are not councillor-members. ‘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. Page 18 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 12] ‘(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. 2012 Act No. 1 Page 19

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 12] ‘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 a member of the Queensland Water Commission; or (d) is an insolvent under administration; or (e) has a conviction, other than a spent conviction, for an indictable offence; or (f) is a member of a board of— (i) another distributor-retailer; or (ii) a new water entity 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. Page 20 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 13] Note — For LGA 2009, see the LocalGovernment(Operations)Regulation2010 , 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.’. 13 Amendment of s 40 (Conduct of meetings) Section 40(1)— omit, insert — ‘(1) A quorum of a board must consist of at least 1 independent member.’. 2012 Act No. 1 Page 21

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 14] 14 Amendment of s 42 (Disclosure of interests) Section 42— insert — ‘(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.’. 15 Amendment of s 49 (Reserve power to give directions in public interest) (1) Section 49, heading— omit, insert — ‘49 Group directions’. (2) Section 49(1), ‘(a local government direction )’— omit, insert — ‘(a group direction )’. (3) Section 49(2)(b)(i), ‘and the SEQ region’— omit. (4) Section 49(3)— omit. 16 Insertion of new s 49A After section 49— insert— ‘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 Page 22 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 16] 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 99BO(1)(g)(iii); (b) compliance, under section 99BX(5), with a particular matter relating to the council’s final price path; (c) 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.’. 2012 Act No. 1 Page 23

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 17] 17 Amendment of s 50 (Publication of directions) Section 50, ‘a local government direction’— omit, insert— ‘a group direction, or the participating local government that gives an individual direction,’. 18 Replacement of s 51 (Local government directions relevant to duty) Section 51— omit, insert — ‘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.’. 19 ‘52A Insertion of new s 52A After section 52— insert— 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.’. Page 24 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 20] 20 Amendment of s 53 (Delegation) Section 53(5)(a), after ‘the period ending 30 June 2013’— insert — ‘or any other period prescribed under a regulation’. 21 Amendment of s 53ARA (Definitions for div 1) Section 53ARA, definitions bulk water component , small business customer and variable measures — omit. 22 Amendment of s 53BA (Ownership of water infrastructure that becomes part of land) Section 53BA— insert— ‘(3) This section is subject to any retransfer of the water infrastructure under chapter 3A.’. 23 Insertion of new ch 3A After section 92— insert— ‘Chapter 3A Replacement of Allconnex by councils ‘Part 1 Preliminary ‘92AA Application of ch 3A ‘This chapter applies, and anything done under it takes effect, despite any other provision of this Act or another law, a 2012 Act No. 1 Page 25

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] transfer document, a participation agreement or a contract or other instrument. ‘92AB What is Allconnex ‘ Allconnex is the Southern SEQ Distributor-Retailer Authority. ‘92AC What is a withdrawn council ‘A withdrawn council is— (a) the Gold Coast City Council; or (b) the Logan City Council; or (c) the Redland City Council. Note — The withdrawn councils are Allconnex’s participating local governments. ‘92AD What is Allconnex’s successor ‘(1) Allconnex’s successor is— (a) for a provision about a customer—the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the Water Supply Act, schedule 3, definition customer ; or (b) for a provision about an asset, liability or matter that, under a retransfer document or part 4, division 2, is transferred to a withdrawn council—that council; or (c) for an infrastructure agreement that provides for water infrastructure for a withdrawn council’s local government area—that council; or (d) for a provision about a matter not provided for under paragraphs (a) to (c)—the geographically-connected withdrawn council. Page 26 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] Example for paragraph (d) — Under this chapter, water infrastructure is transferred to a withdrawn council. That council is Allconnex’s successor for a provision about a trade waste approval by it authorising discharge into the infrastructure. ‘(2) If a matter is located in, or relates to, more than 1 withdrawn council’s local government area, each of them is a successor of Allconnex. ‘(3) If, under this chapter, the withdrawn councils are stated to be Allconnex’s proportional joint successor for a matter, all of them are its joint successor, rateably in accordance with their participation rights under Allconnex’s participation agreement immediately before the retransfer. ‘(4) In this section— liability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act . matter includes— (a) an authority, application, document, proceeding and water infrastructure; and (b) a relevant action under section 77I(3), definition relevant action ; and (c) an Allconnex infrastructure funding matter. 2012 Act No. 1 Page 27

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘Part 2 General provisions for retransfer to withdrawn councils on 1 July 2012 ‘Division 1 Preliminary ‘92AE Application of pt 2 ‘This part applies from the end of 30 June 2012. ‘Division 2 General service provider provisions ‘92AF Allconnex ceases to be service provider ‘Allconnex ceases to be a service provider. ‘92AG Withdrawn councils become service providers ‘(1) Each withdrawn council becomes a service provider for its local government area. ‘(2) The Water Supply Act, section 20 does not apply to a withdrawn council. ‘(3) A withdrawn council continues to be a service provider, subject to the Water Supply Act. ‘(4) A withdrawn council must, as soon as practicable, give the regulator the information mentioned in the Water Supply Act, section 12 about the council as a service provider. ‘92AH No notice to regulator required ‘The Water Supply Act, sections 24 and 25 do not apply for Allconnex’s cessation as, or the withdrawn councils becoming, a service provider. Page 28 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘92AI Withdrawn council’s initial service area ‘(1) A withdrawn council’s service area is that part of its local government area (the new area ) that was in Allconnex’s service area at the end of 30 June 2012. ‘(2) This section— (a) does not prevent the Water Supply Act, chapter 2, part 5, division 2 from applying to the new area; but (b) is subject to section 92DB. ‘92AJ Creation of commercial business units for withdrawn councils ‘(1) For LGA 2009 , each withdrawn council is taken to have decided by resolution to do the following— (a) commercialise a significant business for the services it provides as a water service provider (its WSP business ); (b) create a commercial business unit for its WSP business. ‘(2) Until a withdrawn council decides otherwise, the name of its WSP business is the name of its commercial business unit for the services under the repealed LocalGovernmentAct1993 immediately before 1 July 2010. ‘(3) If a withdrawn council’s WSP business proposes to develop significant water infrastructure, the council must consult with any other withdrawn council or distributor-retailer whose local government area or geographic area adjoins the council’s local government area. ‘(4) To remove any doubt, it is declared that this section does not limit or otherwise affect a withdrawn council’s capacity under LGA 2009 to create a corporate entity to acquire and conduct its WSP business. 2012 Act No. 1 Page 29

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘92AK Migration of customers ‘A person who, at the end of 30 June 2012, is a customer of Allconnex as a service provider becomes a customer of its successor, as a service provider on 1 July 2012. ‘92AL Migration of appointments and delegations ‘(1) This section applies to a person who, at the end of 30 June 2012, holds an appointment or delegation from Allconnex about a matter. ‘(2) On 1 July 2012, the person is taken to hold the appointment or delegation from Allconnex’s successor for the matter. ‘(3) Subsection (2) does not affect the successor’s power to end or change the appointment or delegation. ‘Division 3 Transfer of Allconnex’s trade waste and seepage water functions under Water Supply Act ‘92AM Application of particular provisions of ch 2C ‘(1) The following provisions of chapter 2C, and any definitions relevant to them, apply for a withdrawn council, with the changes mentioned in subsection (2)— • section 53CL(c) • section 53CN • section 53DA • part 2, division 7 • part 3. ‘(2) The provisions apply— (a) as if a reference in them to a discharge officer were a reference to a local government worker, under LGA Page 30 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] 2009, of the withdrawn council authorised by it to perform functions mentioned in section 53CL; and (b) as if a reference to a distributor-retailer included a reference to the withdrawn council; and (c) with other necessary changes. ‘92AN Other functions not affected ‘To remove any doubt, it is declared that this division does not limit or otherwise affect the withdrawn council’s or the local government worker’s functions under LGA 2009. ‘Division 4 Allconnex’s status, functions and board ‘92AO Legal status unaffected until dissolution ‘To remove any doubt, it is declared that, until Allconnex is dissolved, nothing in this chapter— (a) affects its establishment and legal status under sections 8 and 9; or (b) makes the State liable for any of its liabilities. ‘92AP Residual functions ‘Allconnex can not perform functions other than those that are required, necessary or convenient— (a) for this chapter or a law applying to it until its dissolution; or (b) because it has been a service provider or it continues to be a distributor-retailer. 2012 Act No. 1 Page 31

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘92AQ Board ‘(1) The old board provisions apply for Allconnex’s board. ‘(2) However, the associated employee restrictions do not apply. ‘(3) In this section— associated employee restrictions means sections 33(4) and (5) and 35(3) under the old board provisions. old board provisions means chapter 2, part 4, and the definition associated employee in the schedule, as in force before this section commences. ‘Part 3 Retransfer provisions ‘Division 1 Retransfer scheme ‘Subdivision 1 General provisions ‘92AR Requirement to make scheme ‘(1) Before 30 April 2012 Allconnex and all of the withdrawn councils (the parties ) must enter into an agreement (the retransfer scheme ) that— (a) subject to this chapter— (i) transfers at the end of 30 June 2012 all of Allconnex’s assets, employees (other than its chief executive officer), instruments and liabilities to the withdrawn councils; and (ii) does everything else of an incidental, consequential or supplemental nature the parties consider necessary for the following— (A) the transfers mentioned in subparagraph (i); Page 32 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] (B) financial, staffing and other arrangements for Allconnex to perform its functions pending its dissolution; (C) Allconnex’s dissolution; and (b) complies with this division. ‘(2) The matters mentioned in subsection (1) are the retransfer . ‘(3) The retransfer must, as nearly as practicable, retransfer to each withdrawn council the assets, employees, instruments and liabilities that the council transferred to Allconnex under chapter 3. ‘(4) However, subsection (3) does not apply if the parties unanimously otherwise agree. ‘92AS Restriction on scheme taking effect ‘The retransfer scheme has no effect until the Minister publishes a gazette notice about it under section 92BA(2). ‘Subdivision 2 Contents ‘92AT Requirement to deal with proceedings and claims ‘(1) A retransfer scheme must provide for all of the following— (a) the withdrawn council that is to be Allconnex’s replacement for— (i) a proceeding by or against Allconnex; or (ii) a cause of action for a proceeding that could have been started by Allconnex at the end of 30 June 2012 but has not been started; (b) how the withdrawn councils are to receive, process and decide claims for contingent and other liabilities that, other than for this chapter or Allconnex’s dissolution, could have been made against Allconnex; 2012 Act No. 1 Page 33

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] (c) all of the liabilities to be assumed by 1 or more of the withdrawn councils. ‘(2) However, if, under a transition document, Allconnex became a party to a proceeding instead of a withdrawn council, the retransfer scheme must provide that the council is the replacement for the proceeding. ‘(3) Also, if Allconnex is, or may be, a party to a proceeding in the Planning and Environment Court or the Land Court about land, the retransfer scheme must provide that the replacement for the proceeding is the geographically-connected withdrawn council. ‘(4) In this section— liability does not include a matter that is, or may be, the subject of a dispute referral under the EWO Act or a liability under an order under that Act. proceeding includes a proceeding that has ended. ‘92AU Accounting for assets and liabilities ‘(1) The retransfer scheme must do the following— (a) include a process to account for the following— (i) Allconnex’s unrealised assets and liabilities; (ii) Allconnex’s liabilities to the withdrawn councils; (iii) the withdrawn councils’ liabilities to Allconnex; (b) transfer Allconnex’s assets in a way that includes the process and the operation of this chapter, including, for example, section 92BH; (c) provide for all of Allconnex’s unrealised assets to be transferred to 1 or more of the withdrawn councils. Note — See also part 4, division 2 (Default provisions). ‘(2) In this section— Page 34 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] unrealised includes— (a) for an asset—the right to the benefit of, or to a benefit under, any of the following— (i) a matter mentioned in section 77H; (ii) a relevant action under section 77I(3), definition relevant action ; (iii) an Allconnex infrastructure funding matter; (iv) service charges under section 92BH; and (b) for a liability—a liability that Allconnex may have that has not been, or the amount of which has not been, ascertained, or that is contingent. Example of a contingent liability — a liability the existence or amount of which depends on the outcome of a proceeding ‘92AV Requirement to retransfer particular land to same withdrawn council ‘(1) This section applies if— (a) a withdrawn council owned land or was the trustee of trust land to which an asset is attached; and (b) under a transfer scheme or transfer notice— (i) the land or asset was transferred to Allconnex; or (ii) the withdrawn council was removed as trustee for the trust land and Allconnex was appointed as trustee; and (c) after the transfer or change in the trusteeship, one of them owns the asset and another owns or is trustee of the land to which it is attached. ‘(2) The retransfer scheme must provide that the effect of the matters mentioned in subsection (1) is to be reversed and that the withdrawn council will become— 2012 Act No. 1 Page 35

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] (a) the owner of the asset; and (b) the owner or trustee of the land. ‘92AW Required transferee for after-acquired land ‘(1) The retransfer scheme must provide that all after-acquired land of Allconnex is to be transferred to the geographically-connected withdrawn council. ‘(2) In this section— after-acquired land , of Allconnex, means any land of which Allconnex is the owner, other than land that was transferred to Allconnex under chapter 3. ‘92AX Particular matters scheme may provide for ‘(1) The retransfer scheme may provide for all or any of the following— (a) the following for trust land for which Allconnex is a trustee— (i) its removal as the trustee; (ii) the appointment of a withdrawn council as the trustee; (b) for a matter other than for which this chapter provides— (i) that a withdrawn council is Allconnex’s successor in law for the matter; and (ii) if there is more than 1 successor—how the successors share the matter as Allconnex’s successors; (c) the application or transfer of an instrument to a withdrawn council, including, for example, any of the following— (i) whether a withdrawn council holds, or is a party to, an instrument; Page 36 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] (ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a withdrawn council; (iii) whether a reference to an entity in an instrument is to be a reference to a withdrawn council; (iv) whether, under an instrument, an amount is or may become payable to or by a withdrawn council or other property is, or may be, transferred to a withdrawn council; (v) whether a right or entitlement under an instrument is held by a withdrawn council; (d) the transfer to a withdrawn council of an employee of Allconnex and the employee’s work entitlements and conditions of employment; (e) varying or terminating an instrument to which Allconnex and a withdrawn council are the parties; (f) terminating the participation agreement between Allconnex and the withdrawn councils; (g) extinguishing the withdrawn councils’ participation rights in Allconnex; (h) the consideration for, or the value of the following— (i) an asset or liability transferred under the retransfer; (ii) participation rights extinguished; (i) subject to part 8, matters about Allconnex’s employees transferred under paragraph (d) and their rights; (j) Allconnex’s or the withdrawn councils’ records, including, for example, about complying with the PublicRecords Act 2002 for Allconnex’s records and access to them. ‘(2) This section— (a) does not limit section 92AR; but (b) is subject to the other provisions of this chapter. 2012 Act No. 1 Page 37

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘(3) In this section— authority includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan. instrument includes an application or authority under an Act. trust land includes land dedicated as a reserve, or granted in fee simple in trust, under the Land Act, chapter 3, part 1. ‘Subdivision 3 Certification statement ‘92AY Requirement to give statement to Minister ‘(1) This section applies to the parties to the retransfer when they enter into the retransfer scheme. ‘(2) The parties must give the Minister a statement (the certification statement ) certifying all of the assets, liabilities and instruments that the withdrawn councils are to receive under the scheme. ‘(3) The statement must also comply with section 92AZ. ‘92AZ Content requirements ‘(1) The certification statement must state all of the following for the retransfer scheme— (a) that the parties to the retransfer (the retransfer parties ) have identified— (i) all of Allconnex’s assets, liabilities and instruments; and (ii) whether anything proposed to be done under the scheme would materially prejudice the interests of a third party; (b) that all of the following apply for the scheme— Page 38 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] (i) the scheme transfers all of Allconnex’s assets, liabilities and instruments; (ii) the scheme identifies any assets that are to be jointly used or accessed by the withdrawn councils; (iii) agreements have been made between the withdrawn councils to ensure the joint use or access; (iv) either— (A) the scheme does not, to the knowledge of all the retransfer parties, materially prejudice the interests of any third party; or (B) if the scheme materially prejudices the interests of any third party, the consent of all third parties so prejudiced has been obtained; (v) the scheme does not transfer an employee inconsistently with the retransfer staff support framework; (vi) the scheme otherwise complies with this Act; (c) that the retransfer parties have consulted with the State Archivist about the way in which records are to be dealt with under the scheme; (d) that the retransfer parties have given public notice to third parties about how they may obtain information (other than private or confidential information concerning others) about the scheme; (e) that the retransfer parties have, since the giving of the public notice, made information mentioned in paragraph (d) available to third parties who have asked for it; (f) that the statement is, after making all due enquiries, correct to the knowledge, information and belief of each individual signing it. 2012 Act No. 1 Page 39

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘(2) For subsection (1)(b)(iv)(A), the fact of a transfer to a withdrawn council, is not, of itself, a material prejudice to a third party. ‘(3) The consultation with the State Archivist may be carried out by the withdrawn councils jointly. ‘(4) The certification statement must not contain private or confidential information concerning others. ‘(5) In this section— public notice means a notice published in a newspaper circulating in all of the SEQ region. ‘92BA Ministerial notice of retransfer ‘(1) This section applies only if the Minister is of the opinion that the certification statement given complies with section 92AZ. ‘(2) As soon as practicable after receiving the statement, the Minister must publish a gazette notice stating the following information about the retransfer scheme and the statement— (a) that the scheme has been made; (b) that the statement has been given; (c) where copies of the statement can be obtained; (d) that the scheme has effect from the day the notice is published, but that, under section 92AR, the retransfer will not take place until the end of 30 June 2012; (e) where information about transfers under the scheme may be obtained. ‘(3) However, the notice must not state where the information may be obtained if the Minister considers that there is a need to protect confidentiality or privacy relating to the information. ‘(4) The withdrawn councils must, as soon as practicable after the gazettal, publish on each of their websites the information stated in the gazette notice and keep it so published for at least 1 year. Page 40 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘Subdivision 4 Miscellaneous provision ‘92BB Discharge of liabilities ‘(1) When the retransfer scheme takes effect, all of the following that exist at that time are discharged— (a) all of Allconnex’s liabilities to a withdrawn council; (b) all liabilities from a withdrawn council to Allconnex other than Gold Coast City Council’s liability to Allconnex under section 92BY. ‘(2) To remove any doubt, it is declared that subsection (1) does not limit or otherwise affect what may or must be provided for under the retransfer scheme. Note — See also division 3 (Miscellaneous provisions for retransfer documents). ‘Division 2 Ministerial functions for retransfer ‘92BC Retransfer notice ‘(1) This section applies if the Minister is of the opinion that— (a) a requirement under division 1 has not been complied with; or (b) something done under the retransfer scheme ought to have been done differently; or (c) something ought not to have been done under the retransfer scheme. ‘(2) The Minister may, by gazette notice published on or before 30 June 2013 (a retransfer notice ), do all or any of the following— (a) everything or anything to ensure the retransfer happens; (b) anything that may be done by any of the parties to the retransfer scheme under the retransfer scheme; 2012 Act No. 1 Page 41

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] (c) rectify or undo anything the Minister considers the retransfer scheme ought not to have done or ought to have done differently. ‘(3) A retransfer notice may include conditions applying to something done under the notice. ‘(4) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a retransfer notice (for example, because of its size or nature), the Minister may provide for it by including a reference in the retransfer notice to another document— (a) signed by the Minister; and (b) kept available for inspection at a place stated in the retransfer notice by the persons to whom the matter relates. ‘(5) A retransfer notice has effect on the day it is published in the gazette or a later stated day. ‘92BD Retransfer direction ‘(1) The Minister may, on or before 30 June 2013, give a direction (a retransfer direction ) to any of the following (a relevant entity ) to do anything the Minister considers necessary or desirable to achieve the retransfer— (a) Allconnex; (b) any of the withdrawn councils. ‘(2) Without limiting subsection (1), a retransfer direction may be about all or any of the following— (a) executing an instrument; (b) disclosing information; (c) for Allconnex, conferring particular employment conditions on its employees affected by the retransfer during a stated period, consistent with the retransfer staff support framework; Page 42 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] (d) anything the Minister considers necessary to remedy a contravention of the retransfer staff support framework. ‘(3) A retransfer direction must be in writing and signed by the Minister. ‘(4) If a relevant entity is given a retransfer direction— (a) the entity must comply with the direction; and (b) if the entity is Allconnex—its board must take the action necessary to ensure Allconnex complies with the direction. Maximum penalty for subsection (4)—1000 penalty units. ‘Division 3 Miscellaneous provisions for retransfer documents ‘92BE Discharge of liabilities ‘The transfer of a liability under a retransfer document discharges the person from whom it is transferred from the liability to the extent provided for under the document. ‘92BF Effect of retransfer document ‘(1) Subject to section 92EH, a retransfer document has effect despite any other law or a contract or other instrument. Example — A retransfer scheme or a retransfer notice may transfer a lease under the LandAct without the written approvals that would otherwise be required for a transfer under section 58 of that Act. ‘(2) However, a retransfer scheme takes effect subject to any retransfer notice or retransfer direction. 2012 Act No. 1 Page 43

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘Part 4 General provisions facilitating retransfer ‘Division 1 Preliminary ‘92BG Application of pt 4 ‘This part, other than divisions 4 and 5, applies from the end of 30 June 2012. ‘Division 2 Default provisions ‘Subdivision 1 General provisions ‘92BH Allconnex’s service charges ‘(1) This section applies if no retransfer document provides for who is Allconnex’s successor in law for a service charge of Allconnex. ‘(2) The withdrawn councils are Allconnex’s proportional joint successor for the charge. ‘(3) However— (a) the charge is payable only to the geographically-connected withdrawn council; and (b) only the geographically-connected withdrawn council may bill for an uncollected service charge or collect that charge. ‘(4) For subsection (3), a customer of the withdrawn council may be billed by the council in its name, as if— (a) the council were Allconnex; and (b) this chapter had not been enacted and, if Allconnex has been dissolved, Allconnex were still in existence. Page 44 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘(5) In this section— billed includes imposed and levied. service charge means an account, fee or charge (including any fixed access charge)— (a) relating to performing Allconnex’s functions as a service provider for any of Allconnex’s customers; and (b) that has, or could have, been billed by Allconnex. uncollected service charge means a service charge— (a) not billed before the end of 30 June 2012; and (b) that, other than for this chapter or Allconnex’s dissolution, could have been billed by Allconnex on or after that day. ‘92BI Allconnex’s other assets and liabilities ‘(1) This section provides for who is the successor in law for the following if no retransfer document provides for that succession— (a) an asset of Allconnex, other than a service charge under section 92BH; (b) Allconnex’s liabilities. ‘(2) If, under a transition document, the asset or liability was transferred from a withdrawn council to Allconnex, that council is the successor. ‘(3) Otherwise, the withdrawn councils are Allconnex’s proportional joint successor for the asset or liability. ‘(4) Despite subsections (2) and (3), the Minister may, by a retransfer notice or retransfer direction, change the successor under the subsections. 2012 Act No. 1 Page 45

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘92BJ Allconnex’s replacement for proceedings ‘(1) This section applies if no retransfer document provides for who is to be Allconnex’s replacement for a proceeding, including a proceeding that has ended. ‘(2) If, under a transition document, Allconnex became a party to the proceeding instead of a withdrawn council, that council is the replacement. ‘(3) If the proceeding is in the Planning and Environment Court or the Land Court and the proceeding is about land, the replacement is the geographically-connected withdrawn council. ‘(4) Otherwise, the withdrawn councils are Allconnex’s proportional joint successor for the proceeding. ‘(5) The replacement may continue the proceeding instead of Allconnex. ‘92BK Proceedings not started ‘(1) This section provides for who is Allconnex’s replacement for a cause of action for which no proceeding has been started if no retransfer document provides for who is to be the replacement. ‘(2) If the proceeding could have been started in the Planning and Environment Court or the Land Court and the proceeding is about land, the replacement is the geographically-connected withdrawn council. ‘(3) Otherwise, the withdrawn councils are Allconnex’s proportional joint successor for the cause of action. ‘(4) The replacement may start the proceeding instead of Allconnex. Page 46 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘Subdivision 2 Provisions for infrastructure agreements and actions under Acts about planning ‘92BL Application of sdiv 2 ‘(1) This subdivision applies if— (a) Allconnex is a party to an infrastructure agreement; and (b) either of the following apply— (i) a retransfer document transfers water infrastructure subject to the infrastructure agreement to a withdrawn council; (ii) the infrastructure agreement provides for water infrastructure for a withdrawn council’s local government area. ‘(2) This subdivision also applies for an Allconnex infrastructure funding matter or if— (a) Allconnex has, under section 77B or 77J, assumed, or is taken to have the benefit of, a right or liability— (i) to which the section applies; and (ii) that relates to the infrastructure agreement; or (b) it has been agreed under section 77E or 77K that Allconnex has a share of— (i) a matter mentioned in section 77E(1); or (ii) a liability to which section 77K applies. ‘(3) A matter mentioned in subsection (2) is an Allconnex planning matter . ‘(4) This subdivision applies subject to any retransfer document relating to Allconnex. 2012 Act No. 1 Page 47

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘92BM Novation if only 1 successor ‘(1) This section applies if there is only 1 successor. ‘(2) The successor— (a) becomes a party to the agreement instead of Allconnex; and (b) assumes all of Allconnex’s rights and liabilities— (i) under the agreement; or (ii) that relate to an Allconnex planning matter. ‘(3) The agreement may be enforced by the successor as if it were Allconnex. ‘(4) A right or liability assumed under subsection (2)— (a) may be discharged only by the discharging of it to the successor; and (b) may be enforced only by the successor. ‘92BN Negotiation required if more than 1 successor ‘(1) This section applies if there is more than 1 successor. ‘(2) The successors must negotiate in good faith to reach an agreement about the extent to which each of them are to share all of Allconnex’s following rights and liabilities— (a) those under the agreement; (b) those relating to all Allconnex planning matters; (c) for any costs incurred because of enforcement mentioned in section 77C; (d) for any costs, damage, liability or loss incurred because of section 77D(2). ‘(3) The agreement may provide for how the shares of the rights and liabilities may be discharged or enforced. Page 48 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘(4) If, after the negotiation, the councils are still in dispute about a matter mentioned in subsection (1), any of the councils may refer the dispute to the Minister. ‘(5) The Minister may resolve the dispute using any process the Minister considers appropriate that affords natural justice to the councils. Example of a process — an arbitration process applying sections 92CF to 92CK ‘(6) The Minister may delegate the Minister’s functions under subsection (5) to an appropriately qualified public service officer. ‘92BO Effect of negotiated agreement or Minister’s decision ‘(1) This section applies for an agreement between successors or a decision under section 92BN about a right or liability required to be negotiated under that section. ‘(2) The agreement or decision binds— (a) the successors; and (b) anyone else— (i) against whom the right is exercisable; or (ii) to whom the liability is owed. ‘(3) However, subsection (2)(b) only applies to the other person from when the person is given notice of the agreement or decision. ‘92BP Discharge of Allconnex ‘Allconnex ceases to be bound by the agreement and is discharged from any further liability under it or for an Allconnex planning matter. 2012 Act No. 1 Page 49

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘92BQ Other necessary changes to be made for transition ‘(1) This section applies subject to the other provisions of this division. ‘(2) References in the agreement to Allconnex are taken to be changed to reflect any necessary changes for the retransfer. ‘92BR Provision for things done before retransfer ‘The transfer of water infrastructure under a retransfer document does not affect the validity of any of the following done before the transfer— (a) a matter mentioned in section 77H; (b) the enforcement of a right or the discharge of a liability mentioned in sections 77A to 77D. ‘Division 3 Information provisions ‘92BS Authorised exchange of information ‘(1) A party to the retransfer may exchange information with another party if the exchange is necessary or desirable for any withdrawn council’s service provider functions. Example — Allconnex may give its successor for one of its customers personal information about the customer, including, for example, that the customer is a pensioner and therefore eligible for rebates and subsidies. ‘(2) No consent of a customer or anyone else is required for the giving of the information or for a withdrawn council to whom it is given to collect, use or store the information. ‘92BT Disclosure and use of information for retransfer ‘(1) Subsections (2) and (3) apply for information in the possession or control of a party to the retransfer. Page 50 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘(2) The party may use the information for any of the following (a relevant purpose )— (a) the retransfer; (b) the performance of all or any withdrawn council’s service provider functions. ‘(3) The party may disclose the information to any of the following for a relevant purpose— (a) a person involved in the retransfer; (b) a withdrawn council or any of its councillors, employees or agents. ‘(4) Allconnex or the withdrawn councils must comply with a request by the Minister to disclose information mentioned in subsections (1) to (3) to someone else. ‘(5) To remove any doubt, it is declared that a person may disclose or use information to comply with a retransfer document. ‘(6) A person who, acting honestly, discloses or uses information under this section is not liable civilly, criminally or under an administrative process for the disclosure or use. ‘92BU Provision for continued access to Allconnex’s records ‘(1) This section applies to Allconnex’s infrastructure charges register and approved inspection program. ‘(2) Chapter 5, part 1 applies to Allconnex’s successor as if the register and program were its records of the same type under that part. ‘92BV Relationship with Information Privacy Act 2009 and Right to Information Act 2009 ‘This division applies despite the InformationPrivacyAct2009 and the Right to Information Act 2009 . 2012 Act No. 1 Page 51

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 23] ‘Division 4 Withdrawal costs ‘Subdivision 1 Preliminary ‘92BW What are withdrawal costs ‘(1) Withdrawal costs , for Allconnex or a withdrawn council, are costs it has incurred, or will incur, because of any of the following— (a) it becoming, or ceasing to be, a service provider; (b) a withdrawn council’s commercialisation of a significant business or creation of a commercial business unit under section 92AJ; (c) the retransfer scheme; (d) the retransfer; (e) complying with any retransfer document; (f) Allconnex’s dissolution; (g) any matter consequential or incidental to a matter mentioned in paragraphs (a) to (f); (h) any other matter relating to the matters mentioned in paragraphs (a) to (g) prescribed under a regulation. ‘(2) However, withdrawal costs do not include costs— (a) for anticipated or actual revenue or profits; or (b) for a failure to realise anticipated savings; or (c) that a withdrawn council (or any of its predecessors) would ordinarily incur as a service provider or local government had this Act never been enacted; or (d) of a type prescribed under a regulation. ‘(3) In this section— costs includes— (a) loss or damage; and Page 52 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 77] 77 Insertion of new ch 6, pt 6 Chapter 6— insert— ‘Part 6 Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 ‘119 What is a transitional matter ‘A transitional matter is any of the following— (a) the retransfer; (b) the cessation of Allconnex’s functions under this Act or its dissolution; (c) the service provider functions of a withdrawn council or a corporate entity (service provider); (d) anything necessary or desirable for a distributor-retailer other than Allconnex because of a matter mentioned in paragraphs (a) to (c). ‘120 Price mitigation plans of withdrawn councils ‘The price mitigation plan of a participating local government of Allconnex becomes that local government’s price mitigation plan as a withdrawn council. ‘120A Authorised exchange of information ‘Section 92BS applies to a party to the retransfer exchanging information with another party under that section from the period starting at the beginning of 11 October 2011 and ending on the date of assent. 2012 Act No. 1 Page 113

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 77] ‘121 Customer water and wastewater code amendments for transitional matters ‘Section 97(2) does not apply for any amendment of the customer water and wastewater code the Minister considers is for a transitional matter. ‘121A Application of s 99ATA to withdrawn councils and Allconnex ‘(1) Despite section 99ATA(2), the details of the charges relating to a withdrawn council’s water services and wastewater services for the financial year starting on 1 July 2012 must be published on its website by 1 July 2012. ‘(2) To remove any doubt, it is declared that— (a) section 99ATA(1) and (2) does not apply to Allconnex for charges relating to the financial year starting on 1 July 2012; and (b) section 99ATA(3) and (4) does not apply to Allconnex for proposed charges for the financial year starting on 1 July 2012. ‘122 Deferral of application of s 99AV ‘Section 99AV(1)(c), (d), (e), (i), (l) and (m) do not apply for a withdrawn council until— (a) 2 years after the day on which this section commences; or (b) if within the 2 years an earlier day is prescribed under a regulation—the earlier day. ‘123 Transitional regulation-making power ‘(1) A transitional regulation may provide for anything— (a) necessary to provide for, allow or facilitate a transitional matter; and Page 114 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 78] (b) for which this Act does not provide for or sufficiently provide for. ‘(2) A transitional regulation may have retrospective operation to a day that is not earlier than the day on which this section commences. ‘(3) A transitional regulation must declare it is a transitional regulation. ‘(4) This section and any transitional regulation expire 1 year after the day on which this section commences.’. 78 Amendment of schedule (Dictionary) (1) Schedule, definitions associated employee , available for inspection and purchase , bulk water component , capped charge , charged premises , distributor-retailer test , local government direction , participation agreement , planning assumptions , small business customer and variable measures — omit. (2) Schedule— insert— ‘ 2011–12 Allconnex services see section 92DU. 2012–13 withdrawn council services see section 92DV(3). 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 Planning Act, chapter 9, part 7A, division 5. Allconnex planning matter see section 92BL(3). Allconnex’s dissolution day see section 92EQ(2). 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 2012 Act No. 1 Page 115

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 78] 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. bulk water component means the charge for bulk water services included in an SEQ service provider’s charge. capped charge — (a) for the distributor-retailer capping provisions—see section 53ARB(1); or (b) for chapter 3A, part 7—see section 92DV(1). 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. charged premises — Page 116 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 78] (a) for the distributor-retailer capping provisions—see section 53ARB(1); or (b) for chapter 3A, part 7—see section 92DV(1). conditions , for a provision about an employee, means terms and conditions of the employee’s employment. 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). designated industrial instrument , for chapter 3A, part 8, division 2, subdivision 3, see section 92EM. distributor-retailer capping provisions means chapter 2A, part 3, division 1. drinking water quality management plan see the WaterSupply Act, schedule 3. establishing council , for a provision about a corporate entity (service provider), means the withdrawn council that decided to create the entity. EWO Act means the Energy and Water Ombudsman Act 2006. existing conditions see section 92EL. final price path means a final price path under section 99BX. fixed access charge means a fixed access charge mentioned in section 99AV(2). 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. group direction see section 49(1). independent member see section 33(5). 2012 Act No. 1 Page 117

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 78] Page 118 individual direction see section 49A(2). IR Act means the Industrial Relations Act 1999 . LGA 2009 means the Local Government Act 2009 . 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. parties , to the retransfer, see section 92AR(1). party , for chapter 3A, part 4, division 4, subdivision 3, see section 92CE(3). 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’ priority infrastructure plans; 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 priority infrastructure plan for the area 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 priority infrastructure plans; or (ii) if the council and the Planning Minister agree that assumptions about a planning descriptor stated in a 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 78] proposed priority infrastructure plan 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 priority infrastructure plans; or (ii) if the entity’s establishing council and the Planning Minister agree that assumptions about a planning descriptor stated in a proposed priority infrastructure plan for the council are appropriate for preparing or reviewing a water netserv plan—the agreed assumptions. priority infrastructure plan means a priority infrastructure plan under the Planning Act. proceeding includes an arbitration or internal review application under the Water Supply Act. proportional joint successor , for Allconnex, see section 92AD(3). provider test see section 99AJ(1)(a). 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). 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. 2012 Act No. 1 Page 119

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 78] 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 see section 92EL. retransfer scheme see section 92AR(1). retransfer staff support framework see section 92EC(1). 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 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. 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 Page 120 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 78] (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. successor see section 92AD. transitional matter , for chapter 6, part 6, see section 119. 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. water EPP means the Environmental Protection (Water) Policy 2009 . withdrawal costs see section 92BW. withdrawn council see section 92AC.’. (3) Schedule, definition discharge offence , paragraph (c), ‘a distributor-retailer’s’— omit, insert — ‘an SEQ service provider’s’. (4) Schedule, definition participating local governments , ‘section 5’— omit, insert — ‘section 5(1)’. 2012 Act No. 1 Page 121

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 3 Amendment of Energy and Water Ombudsman Act 2006 [s 79] Part 3 Amendment of Energy and Water Ombudsman Act 2006 79 Act amended This part amends the EnergyandWaterOmbudsmanAct2006. Note — See also the amendments in the schedule. 80 Replacement of s 7A (What is a water entity ) Section 7A— omit, insert— ‘7A What is a water entity and a withdrawn council ‘A water entity is— (a) a distributor-retailer; or (b) the Gold Coast City Council, Logan City Council or Redland City Council (each a withdrawn council ).’. 81 Insertion of new s 25A Part 3— insert— ‘25A Use and disclosure of personal information ‘(1) For any IPP under the InformationPrivacyAct2009 , the making of a dispute referral is, of itself, taken to be agreement by each party to their personal information relevant to the dispute— (a) being used by the energy and water ombudsman or either party for a preliminary inquiry or investigation concerning the dispute; or Page 122 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 3 Amendment of Energy and Water Ombudsman Act 2006 [s 82] (b) being disclosed by the ombudsman to a party or from a party to the ombudsman for a purpose mentioned in paragraph (a); or (c) if a party is required to disclose the information under section 24(2) or 29, being disclosed to the ombudsman. ‘(2) In this section— party means a party to the dispute referral.’. 82 ‘64A Replacement of s 64A (Scheme participation—water entities) Section 64A— omit, insert— Scheme participants—water entities ‘A water entity is, or becomes, a scheme participant on or from— (a) for a distributor-retailer—1 January 2011; or (b) for a withdrawn council—1 July 2012.’. 83 Amendment of s 67A (Amount of participation fee—water entity) Section 67A(2)— omit. 84 Insertion of new pt 12 After section 102— insert— 2012 Act No. 1 Page 123

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 3 Amendment of Energy and Water Ombudsman Act 2006 [s 84] ‘Part 12 Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 ‘103 Definitions for pt 12 ‘In this part— Allconnex means the distributor-retailer called the Southern SEQ Distributor-Retailer Authority. successor , for a provision about a customer or a dispute referral concerning a customer, means the withdrawn council in whose local government area the customer received, or wanted to receive, services from Allconnex of a type mentioned in the WaterSupplyAct, schedule 3, definition customer . ‘104 Migration of small customers (water) of Allconnex ‘Each person who, at the end of 30 June 2012, is a small customer (water) of Allconnex becomes a small customer (water) of Allconnex’s successor on 1 July 2012. ‘105 Existing dispute referrals ‘(1) This section applies to a dispute referral about Allconnex made before 1 July 2012. ‘(2) The referral is taken to be, and to have always been, a dispute referral about Allconnex’s successor, and may be continued by or against the successor. ‘(3) Subsection (2) applies as if, at all relevant times, the successor had performed the water entity function the subject of the referral. Page 124 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 3 Amendment of Energy and Water Ombudsman Act 2006 [s 84] ‘(4) The successor is taken to be, and to have always been, the relevant entity for the referral. ‘(5) If the referral was made by Allconnex, the successor is taken to be the referrer. ‘106 Disputes not referred before 1 July 2012 ‘(1) This section applies for a dispute about the performance of Allconnex’s water entity functions about which a dispute referral could have been, but has not been, made before 1 July 2012. ‘(2) Either party to the dispute may, on or from 1 July 2012, make a dispute referral for the dispute as if Allconnex’s successor has performed the functions. ‘(3) Subsection (2) is subject to section 19A. ‘(4) If the referrer is a small customer (water) and the dispute referral names Allconnex as the relevant entity, Allconnex’s successor is taken to have been named instead. ‘107 Existing investigations ‘(1) An investigation or preliminary inquiry (a procedure ) started under this Act before 1 July 2012 about Allconnex is taken to be a procedure of the same type about Allconnex’s successor. ‘(2) The procedure is taken to be, and to have always been, about Allconnex’s successor, and may be continued about the successor. ‘(3) Subsection (2) applies as if, at all relevant times, the successor had performed the water entity function the subject of the procedure. ‘(4) The successor is taken to be, and to have always been, the relevant entity for the procedure. 2012 Act No. 1 Page 125

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 3 Amendment of Energy and Water Ombudsman Act 2006 [s 84] ‘108 Existing information requirements ‘(1) This section applies to an information requirement made of Allconnex that has not been complied with before the end of 30 June 2012. ‘(2) On 1 July 2012, the information requirement is taken to have been made of Allconnex’s successor about the same matter. ‘(3) In this section— information requirement means a requirement under section 29. ‘109 Existing orders, decisions, declarations and directions ‘(1) This section applies to an order, decision, declaration or direction (the action ) under this Act about Allconnex. ‘(2) The action is taken to have been made about Allconnex’s successor on 1 July 2012. ‘(3) Subsection (2) does not prevent part 5, division 2 applying to the order. ‘(4) In this section— about includes to and against. order includes a judgment under section 42. ‘110 Amended budget for 2011–12 financial year ‘(1) The energy and water ombudsman may prepare an amended budget for the 2011–2012 financial year to take into account the withdrawn councils becoming scheme participants on 1 July 2012. ‘(2) An advisory council recommendation under section 74(6) is not required for approval of the amended budget. ‘(3) In this section— Page 126 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 3 Amendment of Energy and Water Ombudsman Act 2006 [s 84] 2011–2012 financial year means the financial year beginning on 1 July 2011 and ending on 30 June 2012. ‘111 Withdrawn councils’ user-pays fees for 2012–13 financial year ‘(1) For section 68(1) and (4), a withdrawn council is taken to become a scheme participant when this section commences. ‘(2) For section 69— (a) the amended budget under section 110 must be taken into account; and (b) the forecasted costs of the withdrawn council as a scheme participant for the 2012–13 financial year are its share of Allconnex’s likely relevant performance costs under subsection (3). ‘(3) The share is the withdrawn council’s share of participation rights under its participation agreement with Allconnex under the South-EastQueenslandWater(DistributionandRetailRestructuring)Act2009 immediately before the retransfer under that Act. ‘(4) In this section— 2012–13 financial year means the financial year beginning on 1 July 2012 and ending on 30 June 2013. ‘112 References in Acts and other documents ‘(1) This section applies for references in an Act or other document from 1 July 2012. ‘(2) A reference to a water entity or scheme participant is taken to include a reference to a withdrawn council. ‘(3) A specific reference to Allconnex is taken to be a reference to Allconnex’s successor.’. 2012 Act No. 1 Page 127

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 4 Amendment of Plumbing and Drainage Act 2002 [s 85] 85 Amendment of schedule (Dictionary) Schedule— insert— Allconnex , for part 12, see section 103. distributor-retailer means a distributor-retailer under the South-EastQueenslandWater(DistributionandRetailRestructuring) Act 2009 , section 8. successor , for part 12, see section 103. withdrawn council see section 7A(b).’. Part 4 Amendment of Plumbing and Drainage Act 2002 86 Act amended This part amends the Plumbing and Drainage Act 2002. 87 Amendment of s 84 (Regulated work or on-site sewerage work by a public sector entity) Section 84(4) and (5)— omit, insert— ‘(4) However, subsections (5) and (6) apply for the issuing by a public sector entity of a compliance permit or compliance certificate for a plan for SEQ water work. ‘(5) The entity can not issue the permit or certificate without the relevant service provider’s written consent. ‘(6) If the entity issues the permit or certificate, it must give a copy to— (a) the local government; and Page 128 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 4 Amendment of Plumbing and Drainage Act 2002 [s 88] (b) if the relevant service provider for the work is a distributor-retailer—the distributor-retailer. Note — For references to a relevant service provider until 1 July 2012, see section 188.’. 88 Amendment of s 85 (Process for assessing plans) (1) Section 85(2)(d), before examples— omit, insert— ‘(d) if the request is about a plan for SEQ water work—accompanied by a document or information to show the work has been approved by or for the relevant service provider.’. (2) Section 85(7A), from ‘(7A)’ to ‘distributor-retailer; or’— omit, insert — ‘(7A) A local government can not give a compliance permit for SEQ water work unless it is the relevant service provider for the work or 1 of the following applies— (a) the work has been approved by the distributor-retailer who is the relevant service provider for the work;’. (3) Section 85(7A)(b), ‘regulated work under the plan’— omit, insert — ‘work’. 89 Amendment of s 86 (General process for assessing regulated work and on-site sewerage work) (1) Section 86(2)(d), from ‘connecting to’ to ‘water infrastructure’— omit, insert— ‘SEQ water work’. (2) Section 86(2)(d)(i), before examples— 2012 Act No. 1 Page 129

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 4 Amendment of Plumbing and Drainage Act 2002 [s 90] omit, insert— ‘(i) a document or information to show the work has been approved by or for the relevant service provider;’. (3) Section 86(9A), from ‘(9A)’ to ‘distributor-retailer; or’— omit, insert — ‘(9A) A local government can not give a compliance certificate for SEQ water work unless it is the relevant service provider for the work or 1 of the following applies— (a) the work has been approved by the distributor-retailer who is the relevant service provider for the work;’. (4) Section 86(9A)(b), ‘regulated’— omit. 90 Amendment of s 87 (Minor work) (1) Section 87(7), ‘distributor-retailer’s’— omit, insert— ‘relevant service provider’s’. (2) Section 87(8)— omit, insert — ‘(8) If the local government is not the relevant service provider for the work, when the relevant entity or person gives the local government the notice the entity or person must also give the relevant service provider a copy of the notice.’. (3) Section 87(9), definition relevant distributor-retailer — omit . 91 Insertion of new pt 10, div 8 Part 10— insert — Page 130 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 4 Amendment of Plumbing and Drainage Act 2002 [s 92] ‘Division 8 Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 ‘188 References to relevant service provider until 1 July 2012 ‘(1) Until 1 July 2012— (a) paragraph (a) of the definition relevant service provider in the schedule does not apply; and (b) SPOLA amended section 87 continues to apply instead of post-1 July 2012 section 87. ‘(2) In this section— post-1 July 2012 section 87 means section 87 as amended under SEQ. SEQ means the South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012. SPOLA means the SustainablePlanningandOtherLegislation Amendment Act 2012. SPOLA amended section 87 means section 87 as in force immediately before its amendment under SEQ, and if the amendments of section 87 under SPOLA commence before 1 July 2012, section 87 as amended under SPOLA.’. 92 Amendment of schedule (Dictionary) Schedule— insert— ‘ relevant service provider , for SEQ water work, means— (a) if the work has been carried out, or is to be carried out, in the local government area, under the SEQ Water Act, of any of the following councils, that council— 2012 Act No. 1 Page 131

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 5 Amendment of Queensland Competition Authority Act 1997 [s 93] (i) the Gold Coast City Council; (ii) the Logan City Council; (iii) the Redland City Council; or (b) otherwise—the distributor-retailer in whose geographic area under the SEQ Water Act the work has been carried out, or is to be carried out. Note — Paragraph (a) does not apply until 1 July 2012. See section 188. SEQ water work means work that— (a) is regulated work carried out, or to be carried out, in the SEQ region; and (b) involves connecting to, disconnecting from or changing a connection to a relevant service provider’s water infrastructure.’. Part 5 Amendment of Queensland Competition Authority Act 1997 93 Act amended This part amends the Queensland Competition Authority Act1997. 94 Insertion of new pt 16 After section 253— insert— Page 132 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 6 Amendment of Queensland Competition Authority Regulation 2007 [s 95] ‘Part 16 Transitional provision for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 ‘254 Effect of regulation amendment ‘The amendment of the Queensland Competition Authority Regulation 2007 under the South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 does not affect the Governor in Council’s power to further amend the regulation or to repeal it.’. Part 6 Amendment of Queensland Competition Authority Regulation 2007 95 Regulation amended This part amends the Queensland Competition Authority Regulation 2007. 96 Amendment of s 2 (Definitions) Section 2, definition Allconnex Water — omit . 2012 Act No. 1 Page 133

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 7 Amendment of Water Act 2000 [s 97] 97 Amendment of s 2A (Declaration of monopoly business activity—Act, s 20) (1) Section 2A(a)— omit . (2) Section 2A— insert— ‘(ca) Gold Coast City Council; (cb) Logan City Council; (ea) Redland City Council;’. (3) Section 2A(b) to (i)— renumber as section 2A(a) to (k). Part 7 Amendment of Water Act 2000 98 Act amended This part amends the Water Act 2000 . 99 Amendment of s 360ZCY (Content of market rules) Section 360ZCY(1)(b)(ii), after ‘grid customers’— insert — ‘or grid service providers’. Page 134 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 8 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 100] Part 8 Amendment of Water Supply (Safety and Reliability) Act 2008 100 Act amended This part amends the WaterSupply(SafetyandReliability)Act 2008. 101 Amendment of s 114 (Application of div 5) Section 114(3), after ‘distributor-retailer’— insert— ‘or a withdrawn SEQ council’. 102 Amendment of s 138 (Guidelines for rate notice or account for supply of water to residential premises) Section 138— insert— ‘(4) Subsection (5) applies for a service provider that is a withdrawn SEQ council. ‘(5) If there is any conflict between the guidelines and any requirement under the 2009 restructuring Act for a rate notice or account, the guidelines and subsection (1) do not apply to the extent of the conflict.’. 103 Amendment of s 169 (Restricting domestic water supply in particular circumstances) Section 169(1)— insert— ‘(e) the service provider is not a withdrawn SEQ council. 2012 Act No. 1 Page 135

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Part 9 Minor and consequential amendments [s 104] Note — For withdrawn SEQ councils see the 2009 restructuring Act, section 99AT (Restricting water supply). ’. 104 Amendment of sch 3 (Dictionary) (1) Schedule 3— insert— ‘ 2009 restructuring Act means the South-EastQueenslandWater (Distribution and Retail Restructuring) Act 2009. withdrawn SEQ council means the Gold Coast City Council, Logan City Council or Redland City Council.’. (2) Schedule 3, definition customer , paragraph 1(a), after ‘a local government’— insert — ‘(other than a withdrawn SEQ council)’. (3) Schedule 3, definition customer , after ‘distributor-retailer’— insert — ‘or withdrawn SEQ council’. (4) Schedule 3, definition distributor-retailer , from ‘ South-East ’ to ‘ 2009 ’— omit, insert — ‘2009 restructuring Act’. Part 9 Minor and consequential amendments 105 Acts amended The schedule amends the Acts it mentions. Page 136 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Schedule Schedule Acts amended section 105 South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 1 Section 13— omit, insert — ‘13 Functions ‘A distributor-retailer may perform its functions inside or outside Queensland.’. 2 Section 53(11), definition functions — omit. 3 Section 53ARC(1), definition 2010–11 BC , paragraph (a), and section 53ARD(1), definition 2011–12 BC , paragraph (a), ‘fixed access charges mentioned in section 99AV(2)’— omit, insert — ‘fixed access charges’. 4 Section 53ARD(3)(a)— omit, insert — ‘(a) CPI means 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 immediately before the start of the 2012–13 financial year; and’. 2012 Act No. 1 Page 137

South-East Queensland Water (Distribution and Retail Restructuring) and Other LegislationAmendment Act 2012 Schedule 5 Section 54(1)(a)(ii) , ‘the Local Government Act 1993 or the Local Government Act 2009 ’— omit, insert— ‘LGA 2009 or CBA 2010’. 6 Sections 77E(5), 77K(6) and 100(2)(d), ‘and powers’— omit. 7 Section 99ATB(1)(a), ‘the Local Government Act 2009 ’— omit, insert — ‘LGA 2009’. 8 Section 99AX(4), ‘the Local Government Act’— omit, insert — ‘LGA 2009 or CBA 2010’. 9 Section 99AX(5), definition Local Government Act — omit. 10 Section 100A, ‘Water Policy’— omit, insert — ‘water EPP’. 11 Section 100A(6), definition ‘ Water Policy ’— omit . Page 138 2012 Act No. 1

South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012 Schedule Energy and Water Ombudsman Act 2006 1 Sections 97, 98(1) and schedule, definition 2010/2011 financial year, ‘2010/2011’— omit, insert — ‘2010–2011’. © State of Queensland 2012 2012 Act No. 1 Page 139