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

Queensland South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Act No. 39 of 2012

Queensland South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of South-East Queensland Water (Distributionand Retail Restructuring) Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 4 (Achievement of purposes) . . . . . . . . . . . . . . 13 Amendment of s 11 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 36 (Disqualifications for independent member). 13 Amendment of s 49A (Individual directions). . . . . . . . . . . . . . . . . 13 Omission of s 53AE (Provision for market rules) . . . . . . . . . . . . . 13 Omission of s 92CT (Provision for market rules) . . . . . . . . . . . . . 14 Omission of ch 4, pt 3A (Code administration) . . . . . . . . . . . . . . . 14 Amendment of s 99AT (Restricting water supply) . . . . . . . . . . . . 14 Amendment of s 99BB (Public notice about availability of draft code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 99BQ (Matters SEQ service provider must have regard to in making plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Omission of ch 5, pt 2 (Local government price mitigation documents) .................................. 15 Amendment of s 99BZD (Compensation by local governments for particular matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 100C (Commission may make guidelines) . . . . 15 Amendment of s 100DA (Requirement for SEQ service provider to give information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 100F (Application of Water Supply Act enforcement provisions for particular offences) . . . . . . . . . . . . . . 15

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents 19 20 21 Part 3 Division 1 22 Division 2 23 24 25 26 27 28 29 30 31 32 33 34 35 Page 2 Amendment of s 101 (Approved forms) . . . . . . . . . . . . . . . . . . . . Insertion of new ch 6, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 8 Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 130 Effect of SEQ design and construction code . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of South East Queensland Water(Restructuring) Act 2007 Preliminary Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on assent Amendment of s 6 (Establishment of new water entities). . . . . . . Amendment of s 9 (Functions of new water entities other than the water grid manager) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Functions to be carried out commercially) . Amendment, relocation and renumbering of s 89 (Entry to, and use of, water entity’s land after transfer of asset attached to the land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relocation and renumbering of s 93 (Things done by, or given to, responsible Ministers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of chs 3 and 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 104 (Relevant water entities). . . . . . . . . . . . . . . Amendment of s 105 (Transfer of shares, assets, liabilities etc. to relevant water entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 110 (Non-liability for State taxes) . . . . . . . . . . . Replacement of s 111 (Preservation of rights of transferred employee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Rights of transferred employees etc. . . . . . . . . . . . . . Omission of s 112 (Prohibition on retrenchment because of transfer of employee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 7 Transitional provisions for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 118 Application of former ss 111 and 112 to employees transferred from WaterSecure to Queensland Bulk Water Supply Authority. . . . . . . . . . . . . . . . . . . . . . . . 119 Continuation of repealed evidentiary provision relating to the project . . . . . . . . . . . . . . . . . . . . . . . . . Omission of sch 1 (Local governments that are water entities) . . 16 16 17 17 17 18 18 19 19 20 20 20 20 21 22 22 23 23 23 24 25 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents 36 Division 3 37 38 39 40 41 42 43 44 45 46 47 Part 4 48 49 50 51 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on proclamation Replacement of ch 2, hdg (Water grid manager and bulk water supply authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 6 (Establishment of new water entities). . . . . . . Amendment of s 9 (Functions of new water entities other than the water grid manager) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 10 (Functions of the water grid manager) . . . . . . . Replacement of s 11 (Functions to be carried out commercially) 11 Functions to be carried out commercially. . . . . . . . . . Amendment of s 16 (Appointment of members). . . . . . . . . . . . . . Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50A Strategic and operational plans must not be inconsistent with statement of obligations . . . . . . . . . Amendment of s 51 (Content of operational plan) . . . . . . . . . . . . Insertion of new ch 2, pt 4, div 5. . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Statement of obligations 51A Issue of statement of obligations . . . . . . . . . . . . . . . . 51B Consultation with the board before issuing statement of obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51C Content of statement of obligations . . . . . . . . . . . . . . 51D Expiry of statement of obligations . . . . . . . . . . . . . . . Amendment of s 104 (Relevant water entities). . . . . . . . . . . . . . . Insertion of new ss 120 and 121 . . . . . . . . . . . . . . . . . . . . . . . . . 120 Strategic and operational plans for 2013–14 financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Authority to give final quarterly report for LinkWater or water grid manager . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Water Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 212A (Applying for transmission water licence) Amendment of s 340 (Main purpose of ch 2A and its achievement) .................................. Replacement of ch 2A, pts 2 to 7 . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Water security planning Division 1 Designation of regions and nomination of water service providers 342 Designation of regions . . . . . . . . . . . . . . . . . . . . . . . . 25 25 26 26 27 27 27 27 28 28 28 28 29 29 29 30 30 30 30 31 31 32 32 33 33 2012 Act No. 39 Page 3

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents Page 4 343 Nomination of water service providers . . . . . . . . . . . . Division 2 Desired level of service objectives 344 Desired level of service objectives . . . . . . . . . . . . . . . 345 Public notice about proposed desired level of service objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 Chief executive must consider properly made submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Report on desired level of service objectives . . . . . . . 348 Review of desired level of service objectives . . . . . . . Division 3 Water security program Subdivision 1 Preliminary 349 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Requirement for water security program 350 Bulk water supply authority to have water security program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351 Nominated water service providers to have water security program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 352 Particular water service providers to have water security program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 Content of water security program . . . . . . . . . . . . . . . Subdivision 3 Preparing and finalising water security program 354 Preparing draft water security program . . . . . . . . . . . 355 Consultation for draft water security program. . . . . . . 356 Chief executive to review draft water security program 357 Special procedures for draft water security program if changes recommended . . . . . . . . . . . . . . . . . . . . . . . 358 Finalisation and publication of water security program Subdivision 4 Review and amendment of water security program 359 Review of water security program . . . . . . . . . . . . . . . 360 Amendment of water security program. . . . . . . . . . . . 360A Procedure for amending water security program . . . . Subdivision 5 Miscellaneous provision 360B Designated water security entity not required to prepare drought management plan under WaterSupply Act ............................ Part 3 Arrangements for SEQ region Division 1 Preliminary 33 34 34 36 36 37 37 37 38 38 38 39 39 39 40 41 41 42 42 42 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents 360C Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 360D Operation of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 360E Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 360F Obtaining information . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 2 Bulk water supply agreements 360G Making agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 360H Bulk water party may amend non-mandatory terms of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 360I Minister’s direction about agreement amendment . . . 46 360J Offence to fail to comply with Minister’s direction about agreement amendment . . . . . . . . . . . . . . . . . . 47 360K Record of bulk water supply agreements . . . . . . . . . . 47 360L Liability of bulk water parties . . . . . . . . . . . . . . . . . . . 47 Division 3 Bulk water supply code Subdivision 1 General provisions about code 360M Minister’s power to make code . . . . . . . . . . . . . . . . . . 50 360N Content of code—costs and prices . . . . . . . . . . . . . . 50 360O Content of code—general . . . . . . . . . . . . . . . . . . . . . 51 360P When code takes effect . . . . . . . . . . . . . . . . . . . . . . . 51 360Q Tabling of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 360R Publication of code . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 360S Compliance with code . . . . . . . . . . . . . . . . . . . . . . . . 52 360T Civil liability not affected by code . . . . . . . . . . . . . . . . 52 Subdivision 2 Process for making or amending code 360U Consultation for code . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 4 Supply of bulk services 360V Supply under bulk water supply agreement . . . . . . . . 53 360W Minister may decide cost or price . . . . . . . . . . . . . . . . 54 360X Amended cost or price . . . . . . . . . . . . . . . . . . . . . . . . 55 360Y Limitation of review. . . . . . . . . . . . . . . . . . . . . . . . . . . 55 360Z Minister’s direction about bulk services supplied by SEQ service provider . . . . . . . . . . . . . . . . . . . . . . . . . 55 52 Amendment of s 361 (Purpose of ch 3) . . . . . . . . . . . . . . . . . . . . 56 53 Amendment of s 365 (Declaring cumulative management areas) 56 54 Amendment of s 368 (Who is a responsible entity) . . . . . . . . . . . 57 55 Amendment of s 370 (Obligation to give underground water impact report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2012 Act No. 39 Page 5

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents 56 Amendment of s 372 (Obligation to give notice of closure—general) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 57 Amendment of s 374 (Obligation to give final report) . . . . . . . . . . 57 58 Amendment of s 376 (Content of underground water impact report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 59 Amendment of s 377 (Content of final report) . . . . . . . . . . . . . . . 58 60 Amendment of s 378 (Content of water monitoring strategy) . . . . 58 61 Amendment of s 379 (Content of spring impact management strategy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 62 Amendment of s 380 (Identifying responsible tenure holders for cumulative management areas) . . . . . . . . . . . . . . . . . . . . . . . . . . 58 63 Amendment of s 385 (Decision on report) . . . . . . . . . . . . . . . . . . 58 64 Amendment of s 391 (Minor or agreed amendments of approved report) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 65 Amendment of s 393 (Other amendments) . . . . . . . . . . . . . . . . . 59 66 Amendment of s 405 (Notice of outcome of baseline assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 67 Amendment of s 419 (Notice of outcome of bore assessment) . . 59 68 Omission of ch 3, pt 7 (Functions and powers of commission) . . 59 69 Amendment of s 449 (Chief executive may direct petroleum tenure holder to carry out water monitoring activities) . . . . . . . . . 60 70 Insertion of new ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Chapter 3A Office of Groundwater Impact Assessment Part 1 General provisions about the office Division 1 Establishment 455 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2 Functions and powers 456 Functions of office . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 457 General powers of office. . . . . . . . . . . . . . . . . . . . . . . 61 458 Advice to chief executive . . . . . . . . . . . . . . . . . . . . . . 61 459 Office to keep and maintain database . . . . . . . . . . . . 61 460 Obtaining information about underground water from petroleum tenure holders . . . . . . . . . . . . . . . . . . . . . . 62 461 Advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 3 Membership of the office 462 Membership of office . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 4 Staff of the office Subdivision 1 Manager of the office Page 6 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents 463 Manager of the office . . . . . . . . . . . . . . . . . . . . . . . . . 63 464 Appointment of manager . . . . . . . . . . . . . . . . . . . . . . 63 465 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . 63 466 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 64 467 Functions of the manager. . . . . . . . . . . . . . . . . . . . . . 64 468 Powers of the manager . . . . . . . . . . . . . . . . . . . . . . . 64 469 Independence in performing functions . . . . . . . . . . . . 65 470 Manager not to engage in other paid employment . . . 65 471 Vacancy in office of manager . . . . . . . . . . . . . . . . . . . 65 472 Termination of appointment . . . . . . . . . . . . . . . . . . . . 65 473 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 474 Preservation of rights as public service officer . . . . . . 66 475 Superannuation if previously a public service officer . 67 Subdivision 2 Other staff of the office 476 Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 477 Alternative staffing arrangements. . . . . . . . . . . . . . . . 67 Part 2 Funding for office 478 Groundwater Impact Assessment Fund . . . . . . . . . . . 68 479 Annual levy for underground water management. . . . 68 480 Payment of amounts into Groundwater Impact Assessment Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 481 Payment of amounts from Groundwater Impact Assessment Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 482 Administration of Groundwater Impact Assessment Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Part 3 Miscellaneous provisions 483 Public access to database . . . . . . . . . . . . . . . . . . . . . 70 484 Petroleum tenure holder access to information . . . . . 71 71 Amendment of s 739 (Appointment and qualifications of authorised officers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 72 Omission of s 748A (Power of entry for monitoring commission water restrictions and water efficiency management plans). . . . . 71 73 Amendment of s 749 (Power to enter places for other purposes) 72 74 Amendment of s 932 (Who may bring proceedings for offences). 72 75 Amendment of s 1013 (Approved forms) . . . . . . . . . . . . . . . . . . . 72 76 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 72 77 Insertion of new ch 9, pt 5, div 19. . . . . . . . . . . . . . . . . . . . . . . . . 72 2012 Act No. 39 Page 7

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents Page 8 Division 19 Transitional provisions for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Subdivision 1 Preliminary 1210 Definitions for div 19 . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Provisions relating to annual levies 1211 Transfer of funds into Groundwater Impact Assessment Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1212 Notices to pay levy . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 3 Transfer of particular authorities to bulk water supply authority 1213 Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 1214 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 1215 Transfer scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1216 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1217 Process after transfer notice. . . . . . . . . . . . . . . . . . . . 1218 Continuing authorities. . . . . . . . . . . . . . . . . . . . . . . . . 1219 References in supply agreements to particular transferring entities . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 4 Provisions for ending the water market 1220 Definitions for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 1221 Existing grid contracts . . . . . . . . . . . . . . . . . . . . . . . . 1222 Existing customer contracts . . . . . . . . . . . . . . . . . . . . 1223 Market rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1224 Consultation for first code. . . . . . . . . . . . . . . . . . . . . . 1225 Transitional regulation-making power for market rules and contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5 Miscellaneous provisions 1226 Continuation of system operating plan . . . . . . . . . . . . 1227 Delayed application of ss 350–352. . . . . . . . . . . . . . . 1228 Notice to prepare water efficiency management plan given before commencement of no effect. . . . . . . . . . 1229 Water efficiency management plan made before commencement of no effect . . . . . . . . . . . . . . . . . . . . 1230 Commission water restriction imposed before commencement of no effect . . . . . . . . . . . . . . . . . . . . 1231 Particular underground water impact reports taken to have been given by the office . . . . . . . . . . . . . . . . . . . 1232 Expenditure Advisory Committee . . . . . . . . . . . . . . . . 73 73 74 75 76 76 77 79 79 80 81 81 82 82 82 83 83 84 84 84 85 85 85 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents 78 Part 5 79 80 81 82 83 84 84A 84B 84C 84D 84E 84F 84G 84H 84I 85 1233 First manager of the office . . . . . . . . . . . . . . . . . . . . . 1234 Transitional regulation-making power for former commission and office . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Water Fluoridation Act 2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Object of Act) . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 6 (Meaning of relevant public potable water supply) Replacement of ss 7–11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Decisions about fluoridation of public potable water supplies ............................. 8 Requirement for public potable water supplier not to impact on another local government . . . . . . . . . . . . . 9 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 13 (Notification of intention to add fluoride to public potable water supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Notification of intention relating to fluoridation of public potable water supply . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Only certain persons may add fluoride to a public potable water supply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 4 (Noncompliance with requirement to add fluoride to relevant public potable water supply). . . . . . . . . . . . . . Amendment of s 57 (Definition for div 3) . . . . . . . . . . . . . . . . . . . Amendment of s 58 (Application of div 3). . . . . . . . . . . . . . . . . . . Omission of pt 7 (Queensland Fluoride Committee) . . . . . . . . . . Amendment of s 85 (Appointments and authority) . . . . . . . . . . . . Amendment of s 87 (Evidentiary provisions) . . . . . . . . . . . . . . . . Amendment of s 95 (Protecting officials from liability) . . . . . . . . . Amendment of s 96 (Indemnity) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 100 (Regulation-making power) . . . . . . . . . . . . Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 12 Transitional provisions for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 102 Definitions for pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Adding fluoride to relevant public potable water supply continues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Exemptions and applications for exemptions from requirements to add fluoride to relevant public potable water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 86 87 89 89 89 89 89 90 91 91 91 92 92 93 93 93 93 93 94 94 94 94 95 95 96 2012 Act No. 39 Page 9

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Contents 86 Part 6 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Part 7 102 Schedule Part 1 Part 2 Page 10 105 Dissolution of committee . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of Water Supply (Safety and Reliability) Act2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 13 (Requirement for responsible entity to give information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 41 (Restricting water supply outside the SEQ region) ..................................... Amendment of s 42 (Regulator may direct restriction) . . . . . . . . . Amendment of s 51 (Application of div 6). . . . . . . . . . . . . . . . . . . Amendment of s 52 (When water efficiency management plan may be required) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 132 (Application of div 7). . . . . . . . . . . . . . . . . . Amendment of s 138 (Guidelines for rate notice or account for supply of water to residential premises) . . . . . . . . . . . . . . . . . . . . Amendment of s 139 (Service provider to give occupier water advice) ......................................... Amendment of s 169 (Restricting domestic water supply in particular circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 318 (Meaning of relevant location for a drinking water service provider) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 356A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356A Compliance with safety or development condition . . . Amendment of s 497 (Limitation on who may bring particular proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 579 (Regulator may share particular information) .................................... Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Minor and consequential amendments Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on assent Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing by proclamation Energy and Water Ombudsman Act 2006 . . . . . . . . . . . . . . . . . . Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . South East Queensland Water (Restructuring) Act 2007 . . . . . . . Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 96 97 97 97 98 98 99 99 99 100 100 100 100 100 100 101 101 101 102 102 104 105 105 112 2012 Act No. 39

Queensland South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Act No. 39 of 2012 An Act to amend the South-East Queensland Water (Distribution and RetailRestructuring) Act 2009, the South East Queensland Water (Restructuring)Act 2007, the Water Act 2000, the Water Fluoridation Act 2008 and the WaterSupply (Safety and Reliability) Act 2008 to facilitate the restructuring of the South East Queensland bulk water industry and for other purposes, and to make minor or consequential amendments of Acts as stated in the schedule [Assented to 5 December 2012]

South East Queensland Water (Restructuring) and Other Legislation Amendment 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 (Restructuring) and Other Legislation Amendment Act 2012 . 2 Commencement The following provisions commence on a day to be fixed by proclamation— • parts 2 and 6 • part 3, division 3 • part 4, other than to the extent it amends the Water Act2000 to insert chapter 9, part 5, division 19, subdivisions 1 and 3 • schedule, part 2. 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 12 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 4] 4 Amendment of s 4 (Achievement of purposes) Section 4(2)(a), note— omit . 5 Amendment of s 11 (Functions) Section 11(1)(a)— omit , insert — ‘(a) purchase water;’. 6 Amendment of s 36 (Disqualifications for independent member) (1) Section 36(c)— omit . (2) Section 36(f)(ii), ‘a new water entity’— omit, insert— ‘the Queensland Bulk Water Supply Authority established’. (3) Section 36(d) to (f)— renumber as section 36(c) to (e). 7 Amendment of s 49A (Individual directions) (1) Section 49A(2)(b)— omit . (2) Section 49A(2)(c)— renumber as section 49A(2)(b). 8 Omission of s 53AE (Provision for market rules) Section 53AE— omit . 2012 Act No. 39 Page 13

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 9] 9 Omission of s 92CT (Provision for market rules) Section 92CT— omit . 10 Omission of ch 4, pt 3A (Code administration) Chapter 4, part 3A— omit . 11 Amendment of s 99AT (Restricting water supply) Section 99AT(1)(b)(ii), ‘or commission water restriction under the Water Act’— omit , insert — ‘under the Water Supply Act, section 41’. 12 Amendment of s 99BB (Public notice about availability of draft code) Section 99BB(1)(d), ‘commission’— omit , insert — ‘chief executive’. 13 Amendment of s 99BQ (Matters SEQ service provider must have regard to in making plan) (1) Section 99BQ(1)(a), examples, third dot point— omit . (2) Section 99BQ(1)(d), ‘commission’— omit , insert — ‘chief executive’. Page 14 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 14] 14 Omission of ch 5, pt 2 (Local government price mitigation documents) Chapter 5, part 2— omit . 15 Amendment of s 99BZD (Compensation by local governments for particular matters) (1) Section 99BZD(1)(c)— omit . (2) Section 99BZD(1)(d)— renumber as section 99BZD(1)(c). 16 Amendment of s 100C (Commission may make guidelines) (1) Section 100C, heading, ‘Commission’— omit , insert — ‘ Chief executive ’. (2) Section 100C, ‘commission’— omit , insert — ‘chief executive’. 17 Amendment of s 100DA (Requirement for SEQ service provider to give information) Section 100DA(1) and (2), ‘commission’— omit , insert — ‘chief executive’. 18 Amendment of s 100F (Application of Water Supply Act enforcement provisions for particular offences) (1) Section 100F(1)(b)— 2012 Act No. 39 Page 15

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 2 Amendment of South-East Queensland Water (Distribution and Retail Restructuring)Act 2009 [s 19] omit . (2) Section 100F(1)(c)— renumber as section 100F(1)(b). (3) Section 100F(3)(b)— omit . (4) Section 100F(3)(c), ‘subsection (1)(c)’— omit , insert — ‘subsection (1)(b)’. (5) Section 100F(3)(c)— renumber as section 100F(3)(b). 19 Amendment of s 101 (Approved forms) Section 101, ‘commissioner under the Water Act’— omit , insert — ‘chief executive of the department in which the Water SupplyAct is administered’. 20 Insertion of new ch 6, pt 8 Chapter 6— insert — Page 16 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 21] ‘Part 8 Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 ‘130 Effect of SEQ design and construction code ‘(1) This section applies to the SEQ design and construction code in effect for each SEQ service provider immediately before the commencement of this section. ‘(2) On the commencement, the SEQ design and construction code continues as the SEQ design and construction code adopted by the SEQ service provider under this Act.’. 21 Amendment of schedule (Dictionary) Schedule, definitions commission and final price path — omit . Part 3 Amendment of South EastQueensland Water(Restructuring) Act 2007 Division 1 Preliminary 22 Act amended This part amends the SouthEastQueenslandWater(Restructuring) Act 2007 . 2012 Act No. 39 Page 17

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 23] Note — See also the amendments in the schedule. Division 2 Amendments commencing on assent 23 Amendment of s 6 (Establishment of new water entities) (1) Section 6(1)(c)— omit. (2) Section 6(1)(d)— renumber as section 6(1)(c). 24 Amendment of s 9 (Functions of new water entities other than the water grid manager) (1) Section 9(2)— insert — ‘(fa) undertaking, with the State and service providers, collaborative planning activities with a view to doing each of the following and having regard to supply and demand— (i) supporting cost-effective operations; (ii) promoting efficient use of and investment in water infrastructure and other ancillary infrastructure; (iii) ensuring the safe, secure and reliable supply of water;’. (2) Section 9(2)(g), ‘(f)’— omit, insert — ‘(g)’. (3) Section 9(2)(fa) to (h)— renumber as section 9(2)(g) to (i). Page 18 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 25] (4) Section 9(3), ‘Seqwater’— omit, insert– ‘the Queensland Bulk Water Supply Authority’. (5) Section 9— insert— ‘(4) In this section— service provider see the Water Act 2000 , schedule 4. water infrastructure see the Water Act 2000 , schedule 4.’. 25 Amendment of s 11 (Functions to be carried out commercially) Section 11(2) and (3), ‘water entity’— omit, insert— ‘new water entity’. 26 Amendment, relocation and renumbering of s 89 (Entry to, and use of, water entity’s land after transfer of asset attached to the land) (1) Section 89— insert— ‘(12) In this section— repealed , in relation to a provision of this Act, means the provision as it was in force immediately before its repeal by the South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012. transfer notice has the meaning given under repealed section 67. water entity has the meaning given under repealed section 65.’. 2012 Act No. 39 Page 19

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 27] (2) Section 89— relocate and renumber as section 116A. 27 Relocation and renumbering of s 93 (Things done by, or given to, responsible Ministers) Section 93— relocate and renumber as section 116B. 28 Omission of chs 3 and 4 Chapters 3 and 4— omit. 29 Amendment of s 104 (Relevant water entities) Section 104(1)— insert— ‘(ca) the Queensland Water Commission;’. 30 Amendment of s 105 (Transfer of shares, assets, liabilities etc. to relevant water entity) (1) Section 105(1)— insert— ‘(la) the application of a particular industrial instrument to— (i) the employees mentioned in paragraph (l); or (ii) the relevant water entity to which the employees mentioned in paragraph (l) are transferred; or (iii) other employees of the relevant water entity mentioned in subparagraph (ii);’. (2) Section 105(1)(la) to (n)— renumber as section 105(1)(m) to (o). Page 20 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 31] (3) Section 105— insert— ‘(2A) Without limiting subsection (2), to remove any doubt it is declared that a regulation made under section 105(1)(m) applies despite— (a) the Industrial Relations Act 1999 ; and (b) any industrial instrument.’. (4) Section 105— insert— ‘(4A) Without limiting subsection (1), a regulation may make provision about accounting treatment in relation to a matter mentioned in subsection (1).’. (5) Section 105(6), definitions authority and instrument — omit. (6) Section 105(6)— insert— ‘ industrial instrument see the PublicServiceAct2008 , schedule 4.’. (7) Section 105(2A) to (6)— renumber as section 105(3) to (8). 31 Amendment of s 110 (Non-liability for State taxes) (1) Section 110(1) and (2)— omit, insert— ‘(1) A relevant water entity is not liable to pay a State tax in relation to— (a) a transfer of a share, business, asset, liability or instrument, or any other thing done, under a regulation made under section 105; or 2012 Act No. 39 Page 21

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 32] (b) another dealing affecting a share, business, asset, liability or instrument as part of a restructure of a relevant water entity under a regulation made under section 105.’. (2) Section 110(3)— renumber as section 110(2). 32 Replacement of s 111 (Preservation of rights of transferred employee) Section 111— omit, insert— ‘111 Rights of transferred employees etc. ‘(1) This section applies if there is a transfer of an employee (a transferred employee ) from a relevant water entity (the transferor ) to another relevant water entity (the transferee ) under a regulation made under section 105. ‘(2) The transfer does not— (a) reduce the transferred employee’s total remuneration; or (b) prejudice the transferred employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or (c) interrupt continuity of service, except that the transferred employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or (d) constitute a termination, retrenchment or redundancy of the transferred employee’s employment by the transferor; or (e) entitle the transferred employee to a payment or other benefit merely because he or she is no longer employed by the transferor; or (f) require the transferor to make any payment in relation to the transferred employee’s accrued rights to recreation, Page 22 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 33] sick, long service or other leave irrespective of any arrangement between the transferor and the transferred employee. ‘(3) The transfer has effect despite any other contract, law or instrument. ‘(4) If the regulation mentioned in subsection (1) provides for the application of a particular industrial instrument to an employee of the transferee other than a transferred employee, the provision does not reduce the other employee’s total remuneration.’. 33 Omission of s 112 (Prohibition on retrenchment because of transfer of employee) Section 112— omit. 34 Insertion of new ch 7 After chapter 6— insert— ‘Chapter 7 Transitional provisions for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 ‘118 Application of former ss 111 and 112 to employees transferred from WaterSecure to Queensland Bulk Water Supply Authority ‘(1) This section applies to employees transferred from WaterSecure to the Authority under a regulation made under section 105. 2012 Act No. 39 Page 23

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 34] ‘(2) On the commencement of this section— (a) former sections 111 and 112 stop applying for the transferred employees; and (b) any requirement in a document for the Authority to act in accordance with former section 112 no longer applies. ‘(3) In this section— Authority means the Queensland Bulk Water Supply Authority. former , in relation to a provision, means as in force immediately before the replacement or repeal of the provision by the South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 . WaterSecure means the Queensland Manufactured Water Authority previously established under former section 6. ‘119 Continuation of repealed evidentiary provision relating to the project ‘(1) Repealed section 95, as it was in force immediately before the commencement of this section, continues to apply despite its repeal. ‘(2) For subsection (1), a term used in repealed section 95 has the meaning given under this Act as it was in force immediately before the commencement of this section. Note — Repealed section 95 provided for— • a certificate signed by the Minister to be evidence of particular matters relating to the project; and • a copy of a project direction certified by the Minister to be evidence of the direction.’. Page 24 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 35] 35 Omission of sch 1 (Local governments that are water entities) Schedule 1— omit . 36 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions certified agreement, Esk–Gatton–Laidley Water Board, infrastructure department, instrument, person involved in the project, project, project direction, Seqwater, SunWater, transfer notice, treasury department, WaterAct , water activity, water entity, Water regulation, WaterSecure and Water Supply Act — omit . (2) Schedule 3— insert— ‘ instrument means any document, and includes— (a) an oral agreement; and (b) an application; and (c) an accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority. WaterSupplyAct means the WaterSupply(SafetyandReliability) Act 2008 .’. Division 3 Amendments commencing on proclamation 37 Replacement of ch 2, hdg (Water grid manager and bulk water supply authorities) Chapter 2, heading— 2012 Act No. 39 Page 25

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 38] omit, insert— ‘Chapter 2 Queensland Bulk Water Supply Authority’. 38 Amendment of s 6 (Establishment of new water entities) (1) Section 6, heading, ‘new water entities’— omit, insert— ‘ Queensland Bulk Water Supply Authority ’. (2) Section 6(1)— omit, insert— ‘(1) The Queensland Bulk Water Supply Authority (the Authority ) continues in existence.’. (3) Section 6(2) and (3), ‘A new water entity’— omit, insert— ‘The Authority’. 39 Amendment of s 9 (Functions of new water entities other than the water grid manager) (1) Section 9, heading— omit, insert — ‘9 Functions of Authority’. (2) Section 9(1)— omit. (3) Section 9(2), ‘A new water entity’— omit, insert — ‘The Authority’. (4) Section 9(2)(b), example, ‘the entity’s’— omit, insert — Page 26 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 40] ‘the Authority’s’. (5) Section 9(2)(f), ‘the entity’s’— omit, insert — ‘its’. (6) Section 9(3), ‘Queensland Bulk Water Supply Authority’— omit, insert— ‘Authority’. (7) Section 9(2) to (4)— renumber as section 9(1) to (3). 40 Omission of s 10 (Functions of the water grid manager) Section 10— omit. 41 Replacement of s 11 (Functions to be carried out commercially) Section 11— omit, insert— ‘11 Functions to be carried out commercially ‘(1) The Authority must carry out its functions as a commercial enterprise. ‘(2) Subsection (1) does not apply to the extent the Authority is required under this Act to perform a community service obligation other than as a commercial enterprise.’. 42 Amendment of s 16 (Appointment of members) (1) Section 16(3)(c)— omit. 2012 Act No. 39 Page 27

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 43] (2) Section 16(3)(d) and (e)— renumber as section 16(3)(c) and (d). 43 Insertion of new s 50A After section 50— insert— ‘50A Strategic and operational plans must not be inconsistent with statement of obligations ‘(1) This section applies if the Authority has a statement of obligations when the strategic or operational plan for a financial year is agreed to in writing by the responsible Ministers. ‘(2) The strategic or operational plan must not be inconsistent with the statement of obligations.’. 44 Amendment of s 51 (Content of operational plan) Section 51(c)— insert— ‘(v) if the Authority has a statement of obligations when the operational plan is agreed to in writing by the responsible Ministers—the activities proposed to be undertaken by the Authority in accordance with the statement of obligations; and’. 45 Insertion of new ch 2, pt 4, div 5 Chapter 2, part 4— insert— Page 28 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 45] ‘Division 5 Statement of obligations ‘51A Issue of statement of obligations ‘(1) The responsible Ministers may issue a statement of obligations to the Authority from time to time. ‘(2) A statement of obligations issued to the Authority has effect until it expires under section 51D or it is revoked by the responsible Ministers, whichever happens first. ‘(3) To the extent the Authority’s statement of obligations is inconsistent with another instrument made under this or another Act, the other instrument prevails. ‘51B Consultation with the board before issuing statement of obligations ‘(1) Before issuing a statement of obligations to the Authority, the responsible Ministers must— (a) give the board a copy of the proposed statement of obligations and ask the board for its comments; and (b) consider any comments given to them by the board under subsection (2). ‘(2) The board may give the responsible Ministers comments on the proposed statement of obligations within 30 days after it is given to the board. ‘51C Content of statement of obligations ‘(1) A statement of obligations may contain provisions about the strategic or operational activities of the Authority in the performance of its functions. ‘(2) Without limiting subsection (1), a statement of obligations may include provisions about— (a) governance; or (b) quality and performance standards; or 2012 Act No. 39 Page 29

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007 [s 46] (c) customer and community consultation; or (d) total water cycle management. ‘51D Expiry of statement of obligations ‘A statement of obligations expires 3 years after the day the statement is issued to the Authority, unless it is revoked earlier by the responsible Ministers.’. 46 Amendment of s 104 (Relevant water entities) Section 104(1)(c) and (ca)— omit. 47 Insertion of new ss 120 and 121 Chapter 7— insert— ‘120 Strategic and operational plans for 2013–14 financial year ‘(1) This section applies if all or part of the business of LinkWater or the water grid manager is transferred to the Authority under a regulation made under section 105 during the period starting on 1 December 2012 and ending on 30 June 2013. ‘(2) The time within which the board must prepare and submit, under section 45, a draft of the strategic and operational plans for the 2013–14 financial year is the time agreed between the board and the responsible Ministers. ‘(3) If a draft plan has not been agreed to within 1 month after its submission to the responsible Ministers, the responsible Ministers may give a direction under section 46(3). ‘(4) The period for which the strategic or operational plan applies is— (a) the remainder of the 2013–14 financial year; and Page 30 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 48] (b) if the Authority and the responsible Ministers agree the plan is also to apply for the following financial year—the following financial year. ‘(5) In this section— 2013–14 financial year means the financial year ending on 30 June 2014. LinkWater means the Queensland Bulk Water Transport Authority previously established under section 6. water grid manager means the SEQ Water Grid Manager previously established under section 6. ‘121 Authority to give final quarterly report for LinkWater or water grid manager ‘(1) This section applies if all or part of the business of LinkWater or the water grid manager is transferred to the Authority under a regulation made under section 105. ‘(2) The Authority must give the responsible Ministers the final quarterly report for LinkWater or the water grid manager. ‘(3) This section does not limit section 109. ‘(4) In this section— final quarterly report , for LinkWater or the water grid manager, means the quarterly report under section 36 for the final quarter of the entity’s operation. LinkWater see section 120. water grid manager see section 120.’. Part 4 Amendment of Water Act 2000 48 Act amended This part amends the Water Act 2000. 2012 Act No. 39 Page 31

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 49] Note — See also the amendments in the schedule. 49 Amendment of s 212A (Applying for transmission water licence) (1) Section 212A(1)(a), ‘water grid manager’— omit, insert — ‘bulk water supply authority’. (2) Section 212A(3), from ‘a declared’ to ‘manager’— omit, insert — ‘bulk services under a bulk water supply agreement, the bulk water supply authority’. 50 Amendment of s 340 (Main purpose of ch 2A and its achievement) Section 340(2)— omit , insert — ‘(2) The purpose is achieved by— (a) providing for the desired level of service objectives for water security in the SEQ region and designated regions; and (b) requiring the bulk water supply authority and water service providers for designated regions to have a water security program including plans and strategies to facilitate the achievement of the desired level of service objectives; and (c) optimising an efficient and reliable supply of water for the SEQ region by providing for the making of— (i) agreements for the supply of bulk services between SEQ bulk suppliers and bulk water customers; and (ii) a code to decide costs and prices and to regulate the way in which entities supply bulk services.’. Page 32 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] 51 Replacement of ch 2A, pts 2 to 7 Chapter 2A, parts 2 to 7— omit, insert— ‘Part 2 Water security planning ‘Division 1 Designation of regions and nomination of water service providers ‘342 Designation of regions ‘(1) A regulation may designate a part of the state other than the SEQ region as a designated region for this part. ‘(2) Before recommending the making of a regulation under subsection (1), the Minister must— (a) have regard to— (i) the geography, society and economy of the proposed designated region; and (ii) water users and potential water users in the proposed designated region; and (b) consider options for achieving water security for the proposed designated region; and (c) consult with each local government whose local government area is wholly or partly in the proposed designated region. ‘(3) The Minister may carry out the consultation in any way the Minister considers appropriate. ‘343 Nomination of water service providers ‘(1) This section applies if there is more than 1 water service provider for a designated region. ‘(2) A regulation may nominate 1 or more of the water service providers as a water service provider (a nominated water 2012 Act No. 39 Page 33

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] service provider ) for the designated region or a part of the region for this part. ‘Division 2 Desired level of service objectives ‘344 Desired level of service objectives ‘(1) A regulation may prescribe— (a) the desired level of service objectives for water security for the SEQ region, or part of the SEQ region; or (b) the desired level of service objectives for water security for a designated region, or part of the designated region. ‘(2) The Minister may recommend to the Governor in Council a regulation under subsection (1) only if the Minister is satisfied sections 345 and 346 have been complied with for the regulation. ‘(3) However, the Minister may recommend to the Governor in Council a regulation under subsection (1) that is only to correct a minor error or make another change that is not a change of substance even though only section 345 has been complied with for the regulation. ‘(4) Without limiting subsection (1), the desired level of service objectives for water security include the duration, frequency and severity of water restrictions that may be expected by end users of the water. ‘345 Public notice about proposed desired level of service objectives ‘(1) Before a regulation is made under section 344 to prescribe the desired level of service objectives for water security for the SEQ region, a designated region or a part of the SEQ region or a designated region, the chief executive must publish a notice about the regulation. ‘(2) The notice must state the following— Page 34 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] (a) that the desired level of service objectives for water security (the proposed desired level of service objectives ) are to be prescribed; (b) the region or the part of the region for which the proposed desired level of service objectives for water security are to apply; (c) a description of the proposed desired level of service objectives; (d) that written submissions may be made by any entity about the proposed level of service objectives; (e) the day by which submissions must be made and the person to whom, and the place where, the submissions must be made. ‘(3) The day stated under subsection (2)(e) must not be earlier than 28 business days after the day the notice is published. ‘(4) The chief executive must give a copy of the notice to the following— (a) if the proposed desired level of service objectives are for the SEQ region or part of the SEQ region—the bulk water supply authority; (b) if the proposed desired level of service objectives are for a designated region or part of a designated region— (i) if there is a nominated water service provider for the region—the nominated water service provider; or (ii) otherwise—each water service provider for the designated region. ‘(5) The chief executive may— (a) give a copy of the notice to any other entity the chief executive considers appropriate; and (b) publish a copy of the notice on the department’s website. 2012 Act No. 39 Page 35

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘346 Chief executive must consider properly made submissions ‘(1) The chief executive must consider all properly made submissions about the proposed desired level of service objectives. ‘(2) If, after considering all properly made submissions, the chief executive is satisfied that the proposed desired level of service objectives should be revised, the chief executive may revise the proposed desired level of service objectives (the revised proposed objectives ). ‘(3) If the chief executive decides to revise the proposed desired level of service objectives, section 345 and subsections (1) and (2) apply in relation to the revised proposed objectives as if a reference in the section or subsections to the proposed desired level of service objectives were a reference to the revised proposed objectives. ‘(4) However, this section does not apply to a regulation to amend the desired level of service objectives for water security if the amendment is only to correct a minor error or make another change that is not a change of substance. ‘347 Report on desired level of service objectives ‘(1) If a regulation prescribes desired level of service objectives for water security for the SEQ region, a designated region or a part of the SEQ region or a designated region, the chief executive must prepare a report about the desired level of service objectives for water security for the region or the part of the region. ‘(2) The report must include— (a) a summary of issues raised in properly made submissions about the desired level of service objectives; and (b) a summary of how the issues raised in the submissions have been addressed by the chief executive. Page 36 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘348 Review of desired level of service objectives ‘If a regulation prescribes desired level of service objectives for water security, the chief executive must review the objectives at least every 5 years. ‘Division 3 Water security program ‘Subdivision 1 Preliminary ‘349 Definition for div 3 ‘In this division— designated water security entity means— (a) the bulk water supply authority; or (b) a water service provider required to have a water security program under section 351 or 352. ‘Subdivision 2 Requirement for water security program ‘350 Bulk water supply authority to have water security program ‘The bulk water supply authority must have a water security program complying with section 353 to facilitate the achievement of the desired level of service objectives for water security for the SEQ region or each part of the SEQ region. Maximum penalty—1665 penalty units. 2012 Act No. 39 Page 37

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘351 Nominated water service providers to have water security program ‘A nominated water service provider for a designated region or part of a designated region must have a water security program complying with section 353 to facilitate the achievement of the desired level of service objectives for water security for the designated region or the part of the designated region. Maximum penalty—1665 penalty units. ‘352 Particular water service providers to have water security program ‘(1) This section applies if there is no nominated water service provider for a designated region. ‘(2) A water service provider for the designated region or part of the designated region must have a water security program complying with section 353 to facilitate the achievement of the desired level of service objectives for water security for the designated region or the part of the designated region. Maximum penalty—1665 penalty units. ‘353 Content of water security program ‘(1) A water security program must include information about a designated water security entity’s arrangements, strategies or measures for— (a) operating the designated water security entity’s assets for providing water services in the region or part of the region to which the water security program relates; and (b) addressing future infrastructure needs, including building new infrastructure or augmenting existing infrastructure; and (c) managing the infrastructure relevant to the designated water security entity’s operations; and (d) managing demand for water; and Page 38 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] (e) responding to drought conditions; and (f) any other matter prescribed under a regulation. ‘(2) The chief executive may make guidelines to provide information and guidance to a designated water security entity about the content of a water security program. ‘(3) Subsections (1) and (2) do not limit what may be included in a water security program. ‘(4) A water security program may comprise 1 or more existing documents that comply with the requirements of this section. ‘Subdivision 3 Preparing and finalising water security program ‘354 Preparing draft water security program ‘A designated water security entity must prepare a draft water security program. ‘355 Consultation for draft water security program ‘(1) In preparing the draft water security program, the designated water security entity must make reasonable endeavours to consult with each of the designated water security entity’s customers likely to be affected by the water security program. ‘(2) A failure to comply with subsection (1) does not invalidate or otherwise affect the program. ‘356 Chief executive to review draft water security program ‘(1) After preparing the draft water security program, the designated water security entity must give the chief executive the draft water security program. ‘(2) The chief executive must review the draft water security program and decide whether to recommend changes to the draft water security program. 2012 Act No. 39 Page 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘(3) If the chief executive decides not to recommend changes, the chief executive must give the designated water security entity notice of the decision within 30 days after receiving the draft water security program. ‘357 Special procedures for draft water security program if changes recommended ‘(1) This section applies if the chief executive decides to recommend a change, other than a change to correct a minor error or another change that is not a change of substance, to the draft water security program. ‘(2) Within 30 days after receiving the draft water security program, the chief executive must give the designated water security entity notice of the decision and request it to— (a) consider, or further consider, any matter and deal with the matter in the draft program; and (b) revise the draft program in the light of its consideration or further consideration. ‘(3) Within 14 days after receiving the notice, the designated water security entity must consider the request and decide whether to revise the draft program. ‘(4) If the designated water security entity decides to revise the draft water security program, the designated water security entity must prepare a revised draft water security program within 14 days after making the decision. ‘(5) If the designated water security entity prepares a revised draft water security program, section 356 and this section apply— (a) as if a reference in the subdivision to a draft water security program were a reference to the revised draft water security program; and (b) with any other necessary changes. ‘(6) If the designated water security entity decides not to revise the draft water security program, the designated water security entity must, within 14 days after making the decision, give the Page 40 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] chief executive notice of the decision and the reasons for the decision. ‘358 Finalisation and publication of water security program ‘(1) This section applies if— (a) the chief executive gives the designated water security entity a notice under section 356(3); or (b) the designated water security entity gives the chief executive a notice under section 357(6). ‘(2) The designated water security entity may finalise the water security program. ‘(3) As soon as practicable after finalising the water security program, the designated water security entity must publish the program on its website. ‘(4) The water security program does not have effect until it is published under subsection (3). ‘(5) Despite subsection (3), the designated water security entity may decide not to publish or allow inspection of any part of the water security program the designated water security entity is reasonably satisfied contains sensitive security information. ‘Subdivision 4 Review and amendment of water security program ‘359 Review of water security program ‘(1) A designated water security entity must review its water security program at least every 5 years. ‘(2) The designated water security entity must also review its water security program if there is a significant change in any matter affecting, or likely to affect, the achievement of the desired level of service objectives for water security. 2012 Act No. 39 Page 41

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘360 Amendment of water security program ‘(1) A designated water security entity may amend its water security program. ‘(2) The designated water security entity must amend its water security program if— (a) the designated water security entity considers it reasonably necessary to amend the program as a result of a review under section 348; or (b) the chief executive directs the designated water security entity to amend the program. ‘360A Procedure for amending water security program ‘(1) For amending a water security program, subdivision 3 applies— (a) as if a reference in the subdivision to a draft water security program were a reference to the draft amendments of the water security program; and (b) with any other necessary changes. ‘(2) However, subsection (1) does not apply if the amendment is only to correct a minor error in the water security program or make another change that is not a change of substance. ‘Subdivision 5 Miscellaneous provision ‘360B Designated water security entity not required to prepare drought management plan under WaterSupply Act ‘(1) This section applies to a designated water security entity if the entity has a water security program for the SEQ region, a designated region or part of the SEQ region or designated region. ‘(2) Despite the WaterSupplyAct, section 123, the designated water security entity is not required to have a drought Page 42 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] management plan under that Act for the region or the part of the region. ‘Part 3 Arrangements for SEQ region ‘Division 1 Preliminary ‘360C Definitions for pt 3 ‘In this part— agreement amendment see section 360H(2). bulk services means each of the following— (a) a water service or a part of a water service; (b) a service relating to the supply of water. bulk water customer means— (a) an SEQ service provider; or (b) an entity declared under a regulation to be a bulk water customer for this part. bulk water party means— (a) a bulk water customer; or (b) an SEQ bulk supplier. bulk water supply agreement see section 360G(1). bulk water supply code see section 360M(1). code-regulated entity means— (a) a bulk water party; or (b) an entity declared under a regulation to be a code-regulated entity for this part. 2012 Act No. 39 Page 43

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] emergency plan means a plan of a type the bulk water supply code states is required to be made by a code-regulated entity for an emergency related to water. mandatory term see section 360G(2)(a). SEQ bulk supplier means— (a) the bulk water supply authority; or (b) an entity declared under a regulation to be an SEQ bulk supplier for this part. ‘360D Operation of pt 3 ‘This part provides for the following to optimise the efficient and reliable supply of water for the SEQ region— (a) the preparation of agreements for the supply of bulk services between SEQ bulk suppliers and bulk water customers; (b) the making of a code to— (i) decide costs and prices; and (ii) regulate the way in which entities supply bulk services. ‘360E Application of pt 3 ‘This part applies to bulk services whether or not the bulk services are supplied in the SEQ region. ‘360F Obtaining information ‘(1) For this part, the chief executive may give the bulk water supply authority a notice requiring information about 1 or more of the following— (a) demand for bulk services from bulk water customers; (b) operating arrangements for the authority’s assets or infrastructure; Page 44 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] (c) the costs or revenue of the authority for bulk services; (d) other information the chief executive reasonably requires for the administration of this part. ‘(2) The notice— (a) may be given at any time; and (b) must state the reasonable time by which the information must be given to the chief executive; and (c) may require the information for 1 or more of the following— (i) a particular period of time; (ii) each bulk water customer or class of bulk water customer; (iii) a local government area or part of a local government area. ‘(3) The bulk water supply authority must comply with the notice, unless it has a reasonable excuse. Maximum penalty—200 penalty units. ‘Division 2 Bulk water supply agreements ‘360G Making agreement ‘(1) The Minister may make a document (a bulk water supply agreement ), in the form of a contract, providing for the supply of bulk services, stated in the document, between an SEQ bulk supplier, named in the document, and a bulk water customer, named in the document. ‘(2) A bulk water supply agreement may include— (a) terms that must not be amended (each a mandatory term ); and (b) terms that may be amended by the bulk water parties named in the agreement. 2012 Act No. 39 Page 45

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘(3) A bulk water supply agreement has effect as a contract between each bulk water party named in the agreement on the day the agreement is made by the Minister. ‘(4) A bulk water supply agreement has effect as a contract whether or not— (a) it is executed by each bulk water party named in the agreement, other than to the extent an amendment to the agreement must be executed under section 360H; or (b) an amount payable for the supply of bulk services is provided for under the agreement. ‘360H Bulk water party may amend non-mandatory terms of agreement ‘(1) A bulk water party for a bulk water supply agreement may amend the agreement, including by adding a term to the agreement, to the extent the amendment does not conflict with a mandatory term of the agreement. ‘(2) An amendment to a bulk water supply agreement (an agreement amendment ) must be— (a) executed by each bulk water party for the agreement; and (b) given to the Minister as soon as practicable after the amendment has been executed. ‘(3) An agreement amendment takes effect on the day it is executed under subsection (2)(a). ‘360I Minister’s direction about agreement amendment ‘(1) The Minister may direct a bulk water party for a bulk water supply agreement to change an agreement amendment if the Minister considers the agreement amendment conflicts with a mandatory term of the bulk water supply agreement. ‘(2) Before giving a direction under subsection (1), the Minister must— Page 46 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] (a) within 2 months after the day the Minister receives the agreement amendment, give each bulk water party for the bulk water supply agreement a notice stating— (i) the reasons why the Minister considers the agreement amendment conflicts with a mandatory term; and (ii) that the bulk water party may, within the period of at least 10 business days stated in the notice, make a submission to the Minister about the agreement amendment and the reasons mentioned in subparagraph (i); and (b) consider any submissions made by a bulk water party under paragraph (a). ‘(3) If the Minister gives a direction under subsection (1), the agreement amendment is taken never to have had effect. ‘360J Offence to fail to comply with Minister’s direction about agreement amendment ‘A bulk water party must comply with a direction given to it by the Minister under section 360I. Maximum penalty—1665 penalty units. ‘360K Record of bulk water supply agreements ‘The chief executive must keep a copy of each agreement and each agreement amendment made under this part, as in force from time to time. ‘360L Liability of bulk water parties ‘(1) A bulk water party is not civilly liable to another bulk water party (a relevant entity ) for any consequential loss suffered by the relevant entity arising out of, or in relation to, an act or omission, including a negligent act or omission, of the bulk water party in the performance of, or in a failure to perform, its functions under this Act or its obligations— 2012 Act No. 39 Page 47

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] (a) other than to the extent that the consequential loss was caused, or contributed to, by the wilful default of the bulk water party; or (b) if the bulk water party recovers compensation from an entity in relation to the consequential loss suffered by the relevant entity—other than to the extent of the net compensation amount. ‘(2) To remove any doubt, it is declared that— (a) nothing in this section is taken— (i) to create a cause of action against a bulk water party; or (ii) to limit the liability of the bulk water party to an entity for a claim for personal injury suffered by the entity; and (b) to the extent that an act or omission of a bulk water party is inconsistent with a contract, in force immediately before the commencement of this section, to which the bulk water party and a relevant entity are parties, the bulk water party’s liability to the relevant entity is limited by subsection (1). ‘(3) A bulk water party may, in a contract, expressly vary or exclude the operation of subsection (1) in relation to the liability of the bulk water party to another party to the contract. ‘(4) Subsection (1) does not apply to a bulk water party to the extent that a contract mentioned in subsection (3) expressly varies or excludes its operation in relation to the other party to the contract. ‘(5) In this section— consequential loss includes the following— (a) any loss of anticipated or actual revenue or profits; (b) loss of use of equipment; (c) business interruption or a failure to realise anticipated savings; Page 48 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] (d) loss of data; (e) downtime costs or wasted overheads; (f) loss of goodwill or business opportunity; (g) punitive or exemplary damages; (h) any special or indirect loss or damage of any nature whatsoever. function includes power. net compensation amount , for compensation recovered by a bulk water party, means the compensation less an amount that represents any loss suffered by the bulk water party in relation to the consequential loss and any costs incurred in recovering the compensation. obligations , of a bulk water party, means the bulk water party’s obligations under the following— (a) the bulk water supply code or operating protocols; (b) a bulk water supply agreement in which the bulk water party is named as a party; (c) an instrument made, or direction given, under the bulk water supply code or operating protocols. operating protocols means the operating protocols made under the bulk water supply code. perform includes purport to perform. wilful default , by a bulk water party, includes— (a) any fraudulent conduct, including concealment; and (b) any criminal conduct; and (c) any intentional or reckless breach of, or failure to remedy a breach of, the bulk water party’s obligations. 2012 Act No. 39 Page 49

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘Division 3 Bulk water supply code ‘Subdivision 1 General provisions about code ‘360M Minister’s power to make code ‘(1) Subject to subdivision 2, the Minister may make a code (the bulk water supply code ) for the SEQ region about the supply of bulk services by a code-regulated entity. ‘(2) The bulk water supply code applies to each code-regulated entity whether or not the entity supplies bulk services under a bulk water supply agreement. ‘(3) The bulk water supply code is a statutory instrument under the StatutoryInstrumentsAct1992 but is not subordinate legislation. ‘360N Content of code—costs and prices ‘(1) The bulk water supply code may establish principles for deciding the following categories of costs and prices— (a) the bulk water cost; (b) the bulk water price; (c) the other user price. ‘(2) The bulk water cost is the cost for the bulk water supply authority to supply bulk services. ‘(3) The bulk water price is the price the bulk water supply authority may charge an SEQ service provider for the supply of bulk services. ‘(4) The other user price is the price the bulk water supply authority may charge a bulk water customer, other than an SEQ service provider, for the supply of bulk services. Page 50 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘360O Content of code—general ‘The bulk water supply code may include the following— (a) the rights and obligations of a code-regulated entity under the code; (b) operating requirements for a code-regulated entity; (c) requirements to make or comply with an emergency plan; (d) the principles for the supply of bulk services by an SEQ service provider to the bulk water supply authority, including the principles for the bulk water supply authority to pay a charge for the bulk services; (e) provision for an entity to give advice to the Minister about— (i) the principles mentioned in paragraph (d); or (ii) costs or prices under the code; or (iii) any other thing that may affect costs or prices under the code; (f) the way in which an entity to which paragraph (e) applies may investigate a matter under the code; (g) whether any part of the code may be amended without consultation; (h) any other thing the Minister considers appropriate to facilitate the supply of bulk services. ‘360P When code takes effect ‘(1) The Minister must notify the making of the bulk water supply code. ‘(2) The notice made under subsection (1) is subordinate legislation. ‘(3) The bulk water supply code takes effect— (a) on the day the Minister’s notice is notified in the gazette; or 2012 Act No. 39 Page 51

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] (b) if a later day is stated in the Minister’s notice—on that day. ‘360Q Tabling of code ‘(1) Within 21 days after the bulk water supply code or an amendment of the code takes effect, the Minister must table a copy of the code or the amendment in the Legislative Assembly. ‘(2) The copy is tabled for information only. ‘(3) A failure to table a copy does not affect the bulk water supply code’s ongoing effect. ‘360R Publication of code ‘The chief executive must publish the bulk water supply code, as in force from time to time, on the department’s website. ‘360S Compliance with code ‘A code-regulated entity must not contravene a provision of the bulk water supply code. Maximum penalty— (a) for contravention of a provision about making or complying with an emergency plan—1665 penalty units; or (b) otherwise—200 penalty units. ‘360T Civil liability not affected by code ‘(1) Compliance or noncompliance with the bulk water supply code does not— (a) create a civil cause of action based on the compliance or noncompliance; or (b) affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. Page 52 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 51] ‘(2) Without limiting subsection (1)(b), compliance with the bulk water supply code does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. ‘Subdivision 2 Process for making or amending code ‘360U Consultation for code ‘(1) If the Minister proposes to make or amend the bulk water supply code, the Minister must consult with each code-regulated entity affected by the proposed code or amendment. ‘(2) For subsection (1), the Minister must ensure that each code-regulated entity is given a reasonable opportunity to make submissions to the Minister about the proposed code or amendment. ‘(3) However, the Minister may amend the bulk water supply code without consultation if the Minister proposes to— (a) correct a minor error in the code; or (b) make an amendment of a type the code states may be made without consultation. ‘Division 4 Supply of bulk services ‘360V Supply under bulk water supply agreement ‘(1) The supply of bulk services, other than the supply of an exempt water service, may be made only under a bulk water supply agreement between an SEQ bulk supplier and a bulk water customer for the bulk services. ‘(2) In this section— 2012 Act No. 39 Page 53

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 77] for water security for the SEQ region or part of the SEQ region. ‘(2) The system operating plan as in effect on 31 December 2012 continues to have effect for the SEQ region. ‘(3) Each entity to which the system operating plan applies must ensure the plan is complied with to the extent it applies to the entity. ‘(4) In this section— system operating plan means the system operating plan for the SEQ region made under previous chapter 2A, part 5, division 2. ‘1227 Delayed application of ss 350–352 ‘Sections 350, 351 and 352 do not apply to a designated water security entity until the day that is 1 year after a regulation is first made under section 344. ‘1228 Notice to prepare water efficiency management plan given before commencement of no effect ‘(1) This section applies if, before the commencement, the former commission gave a customer a notice under previous section 360ZCB(4) to prepare a water efficiency management plan. ‘(2) On the commencement— (a) the notice ceases to have effect; and (b) the customer is not required to— (i) prepare a water efficiency management plan; or (ii) give the plan to the former commission. ‘1229 Water efficiency management plan made before commencement of no effect ‘(1) This section applies to a water efficiency management plan prepared before the commencement by a customer, or type of Page 84 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 77] customer, as required by the former commission under previous section 360ZCB(4). ‘(2) On the commencement, the water efficiency management plan ceases to have effect. ‘1230 Commission water restriction imposed before commencement of no effect ‘(1) This section applies to a commission water restriction imposed by the former commission under previous section 360ZD. ‘(2) On the commencement, the commission water restriction ceases to have effect. ‘1231 Particular underground water impact reports taken to have been given by the office ‘(1) This section applies to an underground water impact report that was, before the commencement— (a) given to the chief executive by the former commission under section 370; and (b) approved by the chief executive under section 385(1). ‘(2) The underground water impact report is taken to have been given to the chief executive by the office. ‘1232 Expenditure Advisory Committee ‘An advisory body called the Expenditure Advisory Committee, established by the former commission under previous section 360C and in existence immediately before the commencement, is taken to be, on the commencement, an advisory body established under section 461— (a) with the same name as the former committee; and (b) to perform the same functions in relation to the office as the former committee performed for the former commission. 2012 Act No. 39 Page 85

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 77] ‘1233 First manager of the office ‘(1) This section applies to the person who, immediately before the commencement, held office as the commission’s General Manager, Coal Seam Gas Water (the old office ). ‘(2) On the commencement— (a) the old office ends; and (b) the person is taken to have been appointed as the manager of the office. ‘(3) The person holds the office of manager for a term of 5 years from when the person was most recently appointed to the old office. ‘(4) The person’s conditions of employment for the office of manager are the conditions of employment for the old office immediately before the commencement. ‘(5) Subsection (4) applies subject to subsection (3) and any necessary changes from the old office to the office of manager. ‘(6) Subject to subsections (3) to (5), chapter 3A, part 1, division 4, subdivision 1 applies to the person for the person’s holding of the office of manager. ‘(7) In this section— commencement means the commencement of the amending Act, section 42. conditions of employment includes allowances for variations to remuneration. ‘1234 Transitional regulation-making power for former commission and office ‘(1) A regulation (a transitional regulation ) may make provision of a saving or transitional nature about a matter— (a) necessary or convenient to give effect to the transition from the former commission to the office; or Page 86 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 78] (b) for which this Act does not make provision or sufficient provision. ‘(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 this section commences.’. 78 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions anniversary day , approved water efficiency management plan , chief executive , commercially sensitive , commission , commission CEO , commissioner , commission water restriction , declarations register , declared water service , desired levels of service objectives , distribution service provider , grid contract document , grid customer , grid service provider , limited authority , market , market rules , receiving entity , regional water security options , regional water security program , registered grid participant , relevant authority , rules administrator, scheme , service provider water restriction, spot audit report , system operating plan , transfer notice , transferring entity , water efficiency management plan , water service declaration and water service provider — omit . (2) Schedule 4— insert — ‘ agreement amendment , for chapter 2A, part 3, see section 360H(2). bulk services see section 360C. bulk water customer see section 360C. bulk water party see section 360C. bulk water supply agreement see section 360G(1). 2012 Act No. 39 Page 87

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 4 Amendment of Water Act 2000 [s 78] bulk water supply code see section 360M(1). code-regulated entity , for chapter 2A, part 3, see section 360C. designated water security entity see section 349. desired level of service objectives , for water security, means the desired levels of service objectives for water security prescribed under section 344. emergency plan , for chapter 2A, part 3, see section 360C. Groundwater Impact Assessment Fund means the Groundwater Impact Assessment Fund established under section 478. manager means the manager of the office. mandatory term , for chapter 2A, part 3, see section 360G(2)(a). nominated water service provider see section 343. office means the Office of Groundwater Impact Assessment. Office of Groundwater Impact Assessment means the Office of Groundwater Impact Assessment established under section 455. proposed desired level of service objectives see section 345(2)(a). SEQ bulk supplier see section 360C. SEQ service provider see the South-East Queensland Water(Distribution and Retail Restructuring) Act 2009, schedule. service provider water restriction see the Water Supply Act, section 41. water security program means a program that complies with section 353. water service provider means a person registered under the Water Supply Act, chapter 2, part 3 as a service provider for a water service.’. (3) Schedule 4, definition designated region , ‘section 360D’— Page 88 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 5 Amendment of Water Fluoridation Act 2008 [s 79] omit , insert — ‘section 342’. (4) Schedule 4, definition publish , paragraph 2A(b), ‘Minister’— omit , insert — ‘Minister or chief executive’. Part 5 Amendment of Water Fluoridation Act 2008 79 Act amended This part amends the Water Fluoridation Act 2008 . 80 Amendment of s 4 (Object of Act) Section 4(2)— omit. 81 Omission of s 6 (Meaning of relevant public potable water supply ) Section 6— omit . 82 Replacement of ss 7–11 Sections 7 to 11— omit, insert— ‘7 Decisions about fluoridation of public potable water supplies ‘(1) A local government may decide that fluoride be added to the water supply that supplies potable water to the community in 2012 Act No. 39 Page 89

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 5 Amendment of Water Fluoridation Act 2008 [s 82] its local government area if it is satisfied the decision is in the best interests of the community. ‘(2) If a local government makes a decision under subsection (1)— (a) if the local government is not the public potable water supplier for the potable water supply that supplies potable water to the community—the local government must give the water supplier notice of the decision; and (b) the water supplier must add fluoride, or continue to add fluoride, to the water supply. ‘(3) A local government may decide that fluoride not be added to the water supply that supplies potable water to the community in its local government area if it is satisfied the decision is in the best interests of the community. ‘(4) If a local government makes a decision under subsection (3)— (a) if the local government is not the public potable water supplier for the potable water supply that supplies potable water to the community—the local government must give the water supplier notice of the decision; and (b) the water supplier must not add fluoride, or must cease to add fluoride, to the water supply. ‘(5) A local government may, before making a decision under subsection (1) or (3), consult with the public potable water supplier for the potable water supply about cost implications, infrastructure arrangements and potential impact on water supply inside or outside the local government area. ‘(6) In this section— community , of a local government, includes part of the community of the local government. ‘8 Requirement for public potable water supplier not to impact on another local government ‘(1) This section applies to a public potable water supplier for a public potable water supply that is required under section 7 to add fluoride, or cease to add fluoride, to the water supply that Page 90 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 5 Amendment of Water Fluoridation Act 2008 [s 83] supplies potable water to a community in a local government area. ‘(2) The public potable water supplier must not, when adding fluoride, or ceasing to add fluoride, to the water supply, affect another local government’s water security or water supply or the fluoridation of another local government’s water supply without the other local government’s agreement. ‘9 Costs ‘If— (a) a local government makes a decision under section 7 to add fluoride, or cease to add fluoride, to the water supply that supplies potable water to the community in its local government area; and (b) the local government is not the public potable water supplier for the potable water supply; and (c) the public potable water supplier for the potable water supply incurs costs ( compliance costs ) in complying with the local government’s decision; the local government must pay the public potable water supplier’s compliance costs.’. 83 Replacement of s 13 (Notification of intention to add fluoride to public potable water supply) Section 13— omit, insert— ‘13 Notification of intention relating to fluoridation of public potable water supply ‘(1) This section applies if a local government makes a decision (a fluoridation decision ) to add fluoride, or cease to add fluoride, to the public potable water supply that supplies potable water to the community, or part of its community, in its local government area. ‘(2) The local government must— 2012 Act No. 39 Page 91

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 5 Amendment of Water Fluoridation Act 2008 [s 84] (a) give the chief executive a notice stating that the local government has made a fluoridation decision and the nature of the decision; and (b) publish the notice at least once in a newspaper circulating in the area of the State serviced by the water supply. ‘(3) The public potable water supplier for the public potable water supply must, at least 30 days before adding fluoride or ceasing to add fluoride to the water supply— (a) give a fluoridation notice to the chief executive; and (b) publish the fluoridation notice at least once in a newspaper circulating in the area of the State serviced by the water supply. ‘(4) In this section— fluoridation notice means a notice stating— (a) that the local government has made a fluoridation decision; and (b) that the public potable water supplier for the public potable water supply intends to add fluoride or cease to add fluoride to the water supply from a stated day.’. 84 Amendment of s 14 (Only certain persons may add fluoride to a public potable water supply) Section 14(c), ‘section 21 or 60’— omit, insert— ‘section 60’. 84A Omission of pt 4 (Noncompliance with requirement to add fluoride to relevant public potable water supply) Part 4— omit. Page 92 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 5 Amendment of Water Fluoridation Act 2008 [s 84B] 84B Amendment of s 57 (Definition for div 3) (1) Section 57, heading, ‘Definition’— omit, insert— ‘ Definitions ’. (2) Section 57, definition the contravention , ‘section 58(2)(b)’— omit, insert— ‘section 58(b)’. 84C Amendment of s 58 (Application of div 3) (1) Section 58(1)— omit. (2) Section 58(2), ‘Subject to subsection (1), this’— omit, insert— ‘This’. 84D Omission of pt 7 (Queensland Fluoride Committee) Part 7— omit. 84E Amendment of s 85 (Appointments and authority) (1) Section 85(c)— omit. (2) Section 85(d)— renumber as section 85(c). 84F Amendment of s 87 (Evidentiary provisions) Section 87(1)(d), ‘or a member of the committee’— omit. 2012 Act No. 39 Page 93

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 5 Amendment of Water Fluoridation Act 2008 [s 84G] 84G Amendment of s 95 (Protecting officials from liability) (1) Section 95(3), definition official , paragraph (c)— omit. (2) Section 95(3), definition official , paragraphs (d) to (f)— renumber as paragraphs (c) to (e). 84H Amendment of s 96 (Indemnity) (1) Section 96(1), after ‘indemnify’— insert— ‘a local government or’ (2) Section 96(1), ‘section 7 or 11’— omit, insert— ‘section 7’. 84I Amendment of s 100 (Regulation-making power) (1) Section 100(2)(a)— omit. (2) Section 100(2)(b) to (f)— renumber as section 100(2)(a) to (e). 85 Insertion of new pt 12 After section 101— insert— Page 94 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 5 Amendment of Water Fluoridation Act 2008 [s 85] ‘Part 12 Transitional provisions for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 ‘102 Definitions for pt 12 ‘In this part— amending Act means the South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 . commencement means the commencement of this section. former , in relation to a provision, means the provision as in force immediately before the repeal or amendment of the provision under the amending Act. relevant public potable water supply see former section 6. ‘103 Adding fluoride to relevant public potable water supply continues ‘(1) This section applies to a public potable water supplier for a public potable water supply that is, immediately before the commencement, adding fluoride to the water supply. ‘(2) From the commencement, the public potable water supplier must continue to add fluoride to the water supply until the local government in whose area the potable water is supplied makes a decision under section 7 to cease to add fluoride to the water supply. ‘(3) This section applies despite the repeal of former sections 7 and 11. 2012 Act No. 39 Page 95

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 5 Amendment of Water Fluoridation Act 2008 [s 86] ‘104 Exemptions and applications for exemptions from requirements to add fluoride to relevant public potable water supply ‘(1) Subsection (2) applies to an exemption given under former section 8 from the requirement under former section 7 for a public potable water supplier for a relevant public potable water supply to add fluoride to the water supply. ‘(2) On the commencement, the exemption is of no effect. ‘(3) An application for an exemption, made under former section 8 but not decided before the commencement, is taken never to have been made. ‘105 Dissolution of committee ‘(1) This section applies to the Queensland Fluoridation Committee established under former section 76. ‘(2) On the commencement, the committee is dissolved and each person who, immediately before the commencement, was a member of the committee goes out of office. ‘(3) No compensation is payable to a member because of subsection (2).’. 86 Amendment of schedule (Dictionary) Schedule, definitions accepted representations , appointed members , chief dental officer , chief health officer , committee , health executive , proposed action , relevant public potable water supply , show cause notice and show cause period — omit. Page 96 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 87] Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008 87 Act amended This part amends the WaterSupply(SafetyandReliability)Act 2008 . 88 Amendment of s 13 (Requirement for responsible entity to give information) (1) Section 13(5), definition responsible entity , paragraphs (a), (b) and (e)— omit . (2) Section 13(5), definition responsible entity , paragraphs (c) to (f)— renumber as section 13(5), definition responsible entity , paragraphs (a) to (c). 89 Amendment of s 41 (Restricting water supply outside the SEQ region) (1) Section 41, heading, ‘outside the SEQ region’— omit . (2) Section 41(1), ‘other than a water service provider in the SEQ region’— omit . (3) Section 41(2)(a), ‘it because of climatic conditions or water conservation needs’— omit , insert — ‘the service provider water restriction’. 2012 Act No. 39 Page 97

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 90] 90 Amendment of s 42 (Regulator may direct restriction) (1) Section 42(1)(a), ‘outside the SEQ region or a designated region’— omit . (2) Section 42(1)(b), ‘the area’— omit , insert — ‘the area or another area’. (3) Section 42— insert — ‘(1A) To remove any doubt, it is declared that the regulator may direct a service provider for an area not under an immediate significant threat to sustainable and secure water supply to impose a restriction if the regulator considers the restriction is necessary or desirable because of a significant threat to sustainable and secure water supply in another area. Example — The regulator may direct the Gold Coast City Council to impose a restriction if another area in the SEQ region is facing a significant threat to its water supply and water from the Hinze Dam is needed for the other area.’. (4) Section 42(2), ‘provider, direct’— omit , insert — ‘provider for the area or the other area, direct’. (5) Section 42(2)(a), ‘the area’— omit , insert — ‘the area or the other area’. 91 Amendment of s 51 (Application of div 6) (1) Section 51(1)— omit , insert — Page 98 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 92] ‘(1) This division applies for a non-residential customer who does not hold a water entitlement.’. (2) Section 51(2), ‘in the region’— omit . (3) Section 51(3)— omit , insert — ‘(3) Also, if a customer to whom this division applies is a customer of more than 1 water service provider, the water service provider who provides the customer with the most water is the water service provider for the customer for this division.’. 92 Amendment of s 52 (When water efficiency management plan may be required) Section 52(3), ‘notice, approved by the chief executive’— omit , insert — ‘notice’. 93 Amendment of s 132 (Application of div 7) Section 132, ‘or a designated region’— omit . 94 Amendment of s 138 (Guidelines for rate notice or account for supply of water to residential premises) Section 138(1)— omit , insert — ‘(1) A rate notice or account issued by the water service provider, or the related local government, for the supply of water to the residential premises, must comply with guidelines made by the regulator.’. 2012 Act No. 39 Page 99

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 6 Amendment of Water Supply (Safety and Reliability) Act 2008 [s 95] 95 Amendment of s 139 (Service provider to give occupier water advice) Section 139(4)(b), ‘or commission water restrictions’— omit . 96 Amendment of s 169 (Restricting domestic water supply in particular circumstances) (1) Section 169(1)(a), ‘used for domestic purposes’— omit . (2) Section 169(1)(b)(i), ‘or a commission water restriction’— omit . 97 Amendment of s 318 (Meaning of relevant location for a drinking water service provider) Section 318(2)— omit. 98 Insertion of new s 356A After section 356— insert— ‘356A Compliance with safety or development condition ‘The owner of a referable dam to which a safety condition or other development condition applies must not contravene the condition. Maximum penalty—1665 penalty units.’. 99 Amendment of s 497 (Limitation on who may bring particular proceedings) Section 497(1)— insert— Page 100 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Part 7 Minor and consequential amendments [s 100] ‘(d) for an offence against a provision of chapter 4—the Attorney-General or chief executive.’. 100 Amendment of s 579 (Regulator may share particular information) (1) Section 579(2)(a), (b) and (d)— omit . (2) Section 579(2)(c) to (f)— renumber as section 579(2)(a) to (c). (3) Section 579(3), definition responsible entity , paragraph (d)— omit . 101 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions commission water restriction , designated region and SEQ Water Grid Manager — omit . (2) Schedule 3— insert— ‘ development permit means a development permit as defined under the Planning Act.’. Part 7 Minor and consequential amendments 102 Acts amended The schedule amends the Acts it mentions. 2012 Act No. 39 Page 101

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule Schedule Acts amended section 102 Part 1 Amendments commencing on assent Local Government Act 2009 1 Section 290(1)— insert— ‘ Note — Some employees to whom this section applies have, since the enactment of this section, been transferred to the Queensland Bulk Water Supply Authority under a regulation made under the South East QueenslandWater(Restructuring)Act2007 , section 105. The LG super scheme continues to apply to those employees—see section 300.’. 2 Chapter 9— insert— ‘Part 5 Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 ‘300 Superannuation for particular LinkWater employees transferred to Queensland Bulk Water Supply Authority ‘(1) This section applies if employees of LinkWater who are members of the LG super scheme are, or have been, transferred to the Queensland Bulk Water Supply Authority Page 102 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule (the Authority ) under a regulation made under the South EastQueensland Water (Restructuring) Act 2007 , section 105. ‘(2) Chapter 7, part 2 applies to the Authority and the transferred employees. ‘(3) For applying chapter 7, part 2 to the Authority and the transferred employees— (a) the Authority is taken to be— (i) a local government entity in relation to transferred employees other than former BCC employees; or (ii) the Brisbane City Council in relation to former BCC employees; and (b) a transferred employee is taken to be an eligible member; and (c) if a transferred employee was, immediately before the transfer mentioned in subsection (1), a permanent employee—the transferred employee is taken to continue to be a permanent employee. ‘(4) In this section— former BCC employee means a transferred employee who was transferred to LinkWater from the Brisbane City Council under a transfer notice under the SouthEastQueenslandWater (Restructuring) Act 2007 , repealed section 67. LinkWater means the Queensland Bulk Water Transport Authority established under the South East Queensland Water(Restructuring) Act 2007 , section 6. permanent employee means— (a) a permanent employee under section 219; or (b) a BCC permanent employee under the LocalGovernment (Operations) Regulation 2010 , schedule 7. Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority established under the SouthEastQueenslandWater(Restructuring)Act2007 , section 6. 2012 Act No. 39 Page 103

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule transferred employee means an employee mentioned in subsection (1).’. Part 2 Amendments commencing by proclamation Energy and Water Ombudsman Act 2006 1 Section 46(7)— omit , insert — ‘(7) The energy and water ombudsman or the non-entity party may, by written notice, refer the noncompliance to the regulator under the Water Supply (Safety and Reliability) Act2008 , section 10.’. 2 Section 77(3)(a)(v)— omit , insert — ‘(v) matters referred to an energy Act regulator, QCA or the regulator under the Water Supply (Safety andReliability) Act 2008 , section 10; and’. 3 Section 78(1)(c)— omit , insert — ‘(c) the regulator under the WaterSupply(SafetyandReliability) Act 2008 , section 10;’. 4 Section 80(4), definition relevant regulatory body , paragraph (b)— omit , insert — Page 104 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule ‘(b) in relation to a water entity—the regulator under the Water Supply (Safety and Reliability) Act 2008 , section 10.’. 5 Schedule, definition Queensland Water Commission — omit . Public Service Act 2008 1 Schedule 1, entry for ‘Queensland Water Commission under the Water Act 2000 ’— omit . South East Queensland Water (Restructuring) Act 2007 1 References to new water entities and their boards Each provision mentioned in column 1 is amended by omitting the words mentioned in column 2 and inserting the words mentioned in column 3— Column 1 Provision section 7, heading section 7 Column 2 Words omitted new water entities A new water entity a new water entity a new water entity’s Column 3 Words inserted Authority The Authority the Authority the Authority’s 2012 Act No. 39 Page 105

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule Column 1 Provision section 8 section 12 section 13 chapter 2, part 2, heading section 14, heading section 14 section 15, heading section 15 section 16 sections 17 and 18 sections 19 and 20 section 21 Column 2 Words omitted a new water entity the entity’s the entity its board A new water entity A new water entity officer of the entity employee of the entity Boards boards Each new water entity a new water entity its board boards A new water entity’s the entity the entity’s performance the entity’s chief A board entity’s For each board, the members as a board A board a board Column 3 Words inserted the Authority the the Authority the board The Authority The Authority officer employee Board board The Authority the Authority the board board The the Authority the Authority’s performance the chief The board Authority’s The members of the board as the board The board the board Page 106 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule Column 1 Provision section 23 section 24 section 25 section 26 section 27 section 32 section 33 section 34 section 35 section 36 section 37 section 38 Column 2 Words omitted Note— Section 22—see amendment 2. of a board A board by a board A board of a board Each new water entity the entity’s the entity Note— Section 31—see amendment 3. a new water entity by its the entity a new water entity the new water entity’s A new water entity a new water entity’s A new water entity A new water entity’s the entity’s A new water entity’s the entity’s a new water entity’s entity or its entity or board Column 3 Words inserted of the board The board by the board The board of the board The Authority the the Authority the Authority by the the Authority the Authority the The Authority the Authority’s The Authority The the Authority’s The the Authority’s the Authority’s Authority or the Authority or the board 2012 Act No. 39 Page 107

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule Column 1 Column 2 Column 3 Provision Words omitted Words inserted section 40, definition , of a new water entity, means its means the Authority’s annual report section 41 a new water entity’s the report of the entity report section 42 report of a new water entity report section 43 A new water entity’s The the entity the Authority section 45 a new water entity’s the plan for the entity plan sections 47 and 48 entity’s Authority’s section 49 A new water entity The Authority section 50 board of a new water entity board entity’s Authority’s section 51 A new water entity’s The Authority’s the entity’s the Authority’s the entity the Authority for a new water entity other than an the water grid manager, an section 53 Note— Section 52—see amendment 4. A new water entity The Authority section 54 a new water entity the Authority the entity’s its the entity the Authority Note— Section 55—see amendment 4. Page 108 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule Column 1 Column 2 Column 3 Provision Words omitted Words inserted section 56, definition a new water entity community service obligations the Authority the entity’s board the board entity’s commercial Authority’s commercial section 57 a new water entity the Authority a new water entity’s the Authority’s A new water entity’s The Authority’s the entity the Authority the entity’s the Authority’s section 58 a new water entity’s board the board the entity the Authority section 59 A new water entity The Authority a new water entity the Authority section 60 A new water entity The Authority the entity the Authority section 61 a new water entity’s board the board the entity the Authority for a new water entity other than ask the water grid manager, ask section 62 a new water entity the Authority new water entities the Authority A new water entity The Authority Note— Section 62(6), definition tax equivalents —see amendment 5. section 63, heading New water entity Authority section 63 a new water entity and its the Authority and the 2012 Act No. 39 Page 109

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule Column 1 Column 2 Provision Words omitted section 64, heading new water entities section 64 A new water entity a new water entity that has expired expiry of a new water entity the entity entity’s section 104 a new water entity section 109, heading new water entity section 109 a new water entity (the first entity ) first entity first entity’s section 116 Minister or under section 67, schedule 3, definition of a new water entity, for annual report schedule 3, definition a new water entity operational plan entity’s schedule 3, definition a new water entity senior executive the entity the entity’s schedule 3, definition a new water entity strategic plan entity’s schedule 3, definition a new water entity subsidiary the new water entity Page 110 Column 3 Words inserted Authority The Authority the Authority on its expiry expiry of the Authority the Authority Authority’s the Authority Authority the Authority Authority Authority’s Minister, for the Authority Authority’s the Authority the Authority the the Authority Authority’s the Authority the Authority 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule 2 Section 22— omit, insert— ‘22 Quorum ‘A quorum for the board is— (a) if the board has 2 members—both members; or (b) if the board has 3 or more members—3 members.’. 3 Section 31— omit, insert— ‘31 Chief executive officer’s responsibilities ‘The chief executive officer is, under the board, responsible for managing the Authority’s affairs under— (a) this Act and other relevant legislation; and (b) the board’s policies.’. 4 Sections 52 and 55— omit. 5 Section 62(6), definition tax equivalents — omit, insert— ‘ tax equivalents means amounts paid by the Authority to the responsible Ministers, for payment into the consolidated fund, as the value of benefits derived by the Authority because it is not liable to pay Commonwealth tax that would be payable by it if it were not a government entity.’. 6 Schedule 3, definitions board, new water entities, responsible Ministers and water grid manager— omit. 2012 Act No. 39 Page 111

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule 7 Schedule 3— insert — ‘ Authority see section 6(1). board means the Authority’s board. chief executive officer means the chief executive officer of the Authority appointed under section 27. responsible Ministers means— (a) the Minister administering this Act; and (b) the Minister administering the Authority. statement of obligations , of the Authority, means a statement of obligations issued to the Authority and in effect under chapter 2, part 4, division 5.’. Water Act 2000 1 Section 33(3)(a)— omit, insert— ‘(a) for a dam in the SEQ region—the bulk water supply authority;’. 2 Section 190(d)(ii), ‘water grid manager’— omit, insert— ‘bulk water supply authority’. 3 Section 206(4)(h), ‘water grid manager’— omit, insert— ‘bulk water supply authority’. Page 112 2012 Act No. 39

South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 Schedule 4 Section 213(1)(e)(vii), ‘water grid manager’— omit, insert— ‘bulk water supply authority’. 5 Section 1013D, heading, ‘new water entities’— omit, insert— ‘ bulk water supply authority ’. 6 Section 1013D(1), ‘a new water entity’— omit, insert— ‘the bulk water supply authority’. 7 Section 1013D(2), ‘new water entity’— omit, insert— ‘bulk water supply authority’. 8 Section 1013D(4)— omit. 9 Schedule 4, definition water grid manager — omit. © State of Queensland 2012 2012 Act No. 39 Page 113