Water Supply (Safety and Reliability) Act 2008 (Qld)
Case
No judgment structure available for this case.
Water Supply (Safety and Reliability) Act 2008
An Act to provide for the safety and reliability of water supply
Chapter 1 Preliminary
1 Short title
This Act may be cited as the Water Supply (Safety and Reliability) Act 2008.Editor’s note—
Some section numbers have been deliberately left blank at the end of some parts because of the size and complexity of this Act. If this Act is amended in the future, this will assist in adding sections.
2 Commencement
(1)Sections 677 to 679 commence on 1 August 2008.(2)The remaining provisions of this Act, other than the following provisions, commence on a day to be fixed by proclamation—•chapter 10, part 3, other than section 663•sections 666, 674 to 676, 680 to 682, 684 to 692, 695, 696, 715 to 721, 735(1) to (3) and 736•section 738, to the extent it inserts part 3A•sections 739, 743 and 744•section 745, to the extent it inserts division 11 heading and sections 1166 and 1167•section 747(3)•chapter 11•schedule 2, amendment of the Water Resource (Fitzroy Basin) Plan 1999.
3 Purpose of Act and its achievement
(1)The purpose of this Act is to provide for the safety and reliability of water supply.(2)The purpose is achieved primarily by—(a)providing for—(i)a regulatory framework for providing water and sewerage services in the State, including functions and powers of service providers; and(ii)a regulatory framework for providing recycled water and drinking water quality, primarily for protecting public health; and(iii)the regulation of referable dams; and(iv)flood mitigation responsibilities; and(b)protecting the interests of customers of service providers.
4 Definitions
The dictionary in schedule 3 defines particular words used in this Act.
5 Act binds all persons
(1)This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States.(2)Subsection (1) does not apply to—(a)the operation of the State Development and Public Works Organisation Act 1971; or(b)the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971.
Chapter 2 Infrastructure and service
Part 1 Preliminary
6 Application of ch 2 to local governments
Nothing in this chapter affects the powers of a local government or an authorised person under the Local Government Act.
7 Sections 7–9 not used
See editor’s note for section 1.
Part 2 The regulator
10 Who is the regulator
The regulator is the chief executive.
11 Regulator’s general functions
(1)The regulator’s general functions are—(a)to keep a register of service providers registered under this Act; and(b)to review and make recommendations about standards and practices under this Act; and(c)to monitor compliance with this Act; and(d)to perform other functions given to the regulator under this Act or another Act.(2)In performing the regulator’s functions, the regulator must consider the purposes of this Act.(3)In this section—function includes power.
12 Register of service providers
(1)The regulator must keep a register of service providers.(2)The register may be kept in the form, including electronic form, the regulator considers appropriate.(3)The register must contain the following for each entity registered by the regulator as a service provider—(a)the service provider’s name and contact details;(b)the service provider’s nominated contact officer;(c)details of the infrastructure operated by the service provider to supply the relevant water or sewerage service;(d)if the service provider appoints another entity (an operating agent) to operate the infrastructure for the service provider—the operating agent’s name and contact details;(e)the nature of the services offered by the service provider;(f)any other particulars the regulator considers necessary.(4)The regulator must publish on a Queensland Government website a list of the entities registered as service providers.
12A Register of registered recycled water schemes
(1)The regulator must keep a register of registered recycled water schemes.(2)The register may be kept in the form, including electronic form, the regulator considers appropriate.(3)The register must contain the following information for each registered recycled water scheme—(a)the scheme’s name and contact details;(b)the name of—(i)for a single-entity recycled water scheme—the recycled water provider for the scheme; and(ii)for a multiple-entity recycled water scheme—(A)the scheme manager; and(B)each recycled water provider; and(C)any other declared entities;(c)the location of the infrastructure for the production or supply of recycled water under the scheme;(d)the source water used for the production or supply of recycled water under the scheme;(e)the uses for the recycled water supplied under the scheme.(4)The register may also contain any other particulars the regulator considers necessary.(5)The regulator—(a)must publish on a Queensland Government website a list of registered recycled water schemes and the information mentioned in subsection (3)(b) for each scheme; and(b)may publish any other information mentioned in subsection (3).(6)In this section—registered recycled water scheme means a recycled water scheme registered under section 196AC.
13 Requirement for responsible entity to give information
(1)The regulator may, by notice, require a responsible entity to give the regulator either or both of the following information within a stated reasonable period—(a)information the regulator reasonably requires to perform the regulator’s functions;(b)information about water security.(2)A requirement under subsection (1) is not limited to information the responsible entity has before the requirement was made.(3)When making the requirement, the regulator must warn the responsible entity it is an offence to fail to comply with the requirement unless the responsible entity has a reasonable excuse.(4)The responsible entity must comply with the requirement unless the responsible entity has a reasonable excuse.Maximum penalty—200 penalty units.
(5)If the responsible entity is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information might tend to incriminate the responsible entity.(6)In this section—responsible entity means each of the following—(a)a recycled water provider or other declared entity for a recycled water scheme;(b)a service provider;(c)the scheme manager for a multiple-entity recycled water scheme;(d)if a service provider is the prescribed related entity of the relevant infrastructure owner—the owner.
14 Reports and other publications by regulator
(1)The regulator may prepare reports under this part about the regulator’s activities.(2)The regulator may—(a)include in a report any information the regulator obtains under this Act (relevant information); and(b)publish relevant information by way of television, radio, the internet or another form of communication.(3)However, subsection (2) does not apply to—(a)personal information under the Information Privacy Act 2009, other than information identifying an individual as a service provider; or(b)information that, under section 580, the regulator must take all reasonable steps to ensure not to disclose.
15 Delegation by regulator
(1)The regulator may delegate the regulator’s functions under this Act to an appropriately qualified officer of the department.(2)A regulation may state a particular function of the regulator—(a)may not be delegated; or(b)may be delegated only to a particular person.(3)In this section—function includes power.
16 Sections 16–19 not used
See editor’s note for section 1.
Part 3 Service providers
Division 1 Registration of service providers
Subdivision 1 Application for registration
20 Who must apply for registration as a service provider
(1)The following entities must, before starting to operate as the supplier of a water or sewerage service, apply for registration as a service provider—(a)a local government that owns infrastructure for supplying water or sewerage services;(b)a water authority that owns infrastructure for supplying water or sewerage services;(c)1, but not both, of the following—(i)an entity (the relevant infrastructure owner) who is the owner of 1 or more elements of infrastructure (the relevant infrastructure) for supplying a water or sewerage service for which a charge is intended to be made;(ii)an entity (the prescribed related entity) that is prescribed under a regulation as a related entity of the relevant infrastructure owner.(2)For subsection (1)(c)(ii), the prescribed related entity must be nominated by the relevant infrastructure owner to operate the relevant infrastructure to supply the service, whether before or after the relevant infrastructure owner becomes the owner of the relevant infrastructure.(3)However, subsection (1) does not apply to a person who owns infrastructure that produces and supplies recycled water unless the person also owns other infrastructure for supplying a water or sewerage service.
21 Applying for registration as a service provider
(1)An application for registration as a service provider must be—(a)made to the regulator in the approved form; and(b)supported by sufficient information to enable the regulator to decide the application; and(c)accompanied by—(i)the fee prescribed under a regulation; and(ii)if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner’s written consent to the registration of the prescribed related entity.(2)The regulator may require either or both of the following to give additional information about the application—(a)the applicant;(b)if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.(3)The regulator may require the information included in the application, or the additional information required under subsection (2), to be verified by statutory declaration.
22 Registration as a service provider
(1)This section applies if the regulator is satisfied—(a)the applicant has complied with section 21(1); and(b)an entity of whom a requirement is made under section 21(2) or (3) has complied with the requirement; and(c)for an applicant who is the prescribed related entity of the relevant infrastructure owner—(i)the applicant can exercise the powers of a service provider under this Act for supplying the water or sewerage service to which the application relates; and(ii)without limiting subparagraph (i), the contractual arrangements between the applicant and the relevant infrastructure owner adequately provide for the applicant to operate the infrastructure to supply the water or sewerage service; and(iii)if the applicant were to stop supplying, or cease to be the service provider for, the water or sewerage service, the relevant infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the water or sewerage service.(2)The regulator must—(a)register the applicant in the service provider register as the service provider for the water or sewerage service to which the application relates; and(b)give notice of the registration to—(i)the applicant; and(ii)if the applicant is the prescribed related entity of the relevant infrastructure owner—the owner.(3)The registration takes effect the day the regulator registers the applicant under subsection (2)(a).
Subdivision 2 Changing registration details
23 Applying to change service provider’s details of registration
(1)A service provider may apply to change the service provider’s details of registration in the service provider register by, for example—(a)including a service or adding infrastructure for which the service provider is not currently registered; or(b)removing a service or infrastructure for which the service provider is currently registered.(2)The application must be—(a)made to the regulator in the approved form; and(b)if the service provider is the prescribed related entity of the relevant infrastructure owner—accompanied by the owner’s written consent to the changes.(3)On receiving the application the regulator must—(a)record the changes in the register; and(b)give the service provider a copy of the service provider’s details, including the changes, as registered in the register; and(c)if the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.
23A Reviewing and changing service provider registration details
(1)Within 30 business days after 30 June each year, each service provider must review the service provider’s registration details.(2)Within 10 business days after the review is completed, the service provider must give the regulator notice of the review that—(a)is in the approved form; and(b)states whether the service provider’s registration details have changed; and(c)if the service provider’s registration details have changed—includes particulars of the change.(3)If the service provider’s registration details have changed, the regulator must, on receiving the notice—(a)record the changes in the service provider register; and(b)give the service provider a copy of the service provider’s details, including the changes, as registered in the service provider register; and(c)if the service provider is the prescribed related entity of the relevant infrastructure owner—give the owner notice of the changed details.
Subdivision 3 Transferring registration
24 Definitions for sdiv 3
In this subdivision—current infrastructure owner see section 25(1).incoming related entity, of the current or new infrastructure owner, means the entity that the current or new infrastructure owner proposes to nominate, under section 20(2), to operate the infrastructure to supply the relevant service when the registration for the service is transferred under this subdivision.new infrastructure owner see section 25(2)(a).new service provider see section 25B(2)(c).outgoing related entity, of the current infrastructure owner, means the prescribed related entity of the current infrastructure owner who is the service provider for the relevant service until the registration for the service is transferred under this subdivision.relevant service see section 25(1).
25 Application of sdiv 3
(1)This subdivision applies if the owner (the current infrastructure owner) of infrastructure for a registered service (the relevant service) intends to transfer the registration as service provider for the relevant service to the incoming related entity of the current infrastructure owner.(2)This subdivision also applies if the current infrastructure owner intends to transfer—(a)the ownership of the infrastructure for the relevant service to another entity (the new infrastructure owner); and(b)the registration as service provider for the relevant service to 1 of the following—(i)the new infrastructure owner;(ii)the incoming related entity of the new infrastructure owner.(3)Subsections (1) and (2)(b) apply whether the current infrastructure owner or the outgoing related entity of the current infrastructure owner is the service provider for the relevant service.
25A Notice of transfer
(1)The current infrastructure owner must give the regulator notice (the transfer notice) of the proposed transfer.(2)The transfer notice must be—(a)in the approved form; and(b)accompanied by the fee prescribed under a regulation.(3)The regulator may require the following to give additional information about the transfer notice—(a)the current infrastructure owner;(b)any of the following, if relevant to the proposed transfer—(i)the outgoing related entity of the current infrastructure owner;(ii)the incoming related entity of the current infrastructure owner;(iii)the new infrastructure owner;(iv)the incoming related entity of the new infrastructure owner.(4)The regulator may require the information included in the transfer notice, or the additional information required under subsection (3), to be verified by statutory declaration.
25B Registering new service provider for transferred service
(1)This section applies if the regulator is satisfied—(a)the current infrastructure owner has complied with section 25A(1) and (2); and(b)an entity of whom a requirement is made under section 25A(3) or (4) has complied with the requirement; and(c)for a proposed service provider who is the incoming related entity of the current or new infrastructure owner—(i)the entity has been nominated under section 20(2) and prescribed under section 20(1)(c)(ii) as the prescribed related entity of the current or new infrastructure owner; and(ii)the entity can exercise the powers of a service provider under this Act for supplying the relevant service; and(iii)without limiting subparagraph (ii), the contractual arrangements between the entity and the current or new infrastructure owner adequately provide for the entity to operate the infrastructure to supply the relevant service; and(iv)if the entity were to stop supplying, or cease to be the service provider for, the relevant service, the current or new infrastructure owner could within a reasonable period nominate another entity to operate the infrastructure to supply the relevant service.(2)The regulator must—(a)cancel the service provider’s registration for the relevant service; and(b)give notice of the cancellation to—(i)the current infrastructure owner; and(ii)if the service provider was the outgoing related entity of the current infrastructure owner—the outgoing related entity; and(c)register the following (the new service provider) in the service provider register as the service provider for the relevant service—(i)for a transfer of registration under section 25(1)—the incoming related entity of the current infrastructure owner;(ii)for a transfer of registration under section 25(2)(b)(ii) for which the regulator is satisfied of the matters mentioned in subsection (1)(c)—the incoming related entity of the new infrastructure owner;(iii)for a transfer of registration under section 25(2) to which subparagraph (ii) does not apply—the new infrastructure owner; and(d)give notice of the registration to—(i)the new service provider; and(ii)if the new service provider is the incoming related entity of the current infrastructure owner—the current infrastructure owner; and(iii)if the new service provider is the incoming related entity of the new infrastructure owner—the new infrastructure owner.(3)The registration—(a)must not be on a day earlier than the day the regulator received the transfer notice under section 25A; but(b)may be on a later day, if agreed in writing between—(i)the current infrastructure owner; and—(ii)either—(A)or a transfer of registration under section 25(1)—the new service provider; or(B)or a transfer of registration under section 25(2)—the new infrastructure owner.
25C Compliance notice taken to have been given to new service provider
(1)This section applies if—(a)the regulator has given a service provider (the original service provider) a compliance notice; and(b)the original service provider’s registration as service provider is transferred under this subdivision; and(c)the original service provider has not complied with the compliance notice before the new service provider is registered under section 25B(2)(c).(2)Subject to subsection (3), the new service provider is taken to have been the original service provider given the compliance notice.(3)For subsection (2)—(a)the compliance notice is taken to have been given to the original service provider on the day the new service provider is registered; and(b)a period to remedy a contravention or comply with a requirement, however provided for in the compliance notice, is taken to be the equivalent period starting on the day the new service provider is registered.Example—
A compliance notice states a day, that is 30 business days after the notice is issued, by which a contravention is required to be remedied. The period for remedying the contravention is taken to be 30 business days after the new service provider is registered.
Subdivision 4 Cancelling registration other than for transfer
26 Notice of intention to stop operating as a service provider
(1)This section applies if—(a)a service provider is likely to stop supplying a registered service; and(b)there is no other entity willing to take over the operation of all or part of the service provider’s infrastructure for the service.(2)The service provider must, unless the service provider has a reasonable excuse, give at least 60 business days notice of the possible stoppage to—(a)the regulator; and(b)if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.Note—
See section 530(1)(a) (Governor in Council may appoint administrator to operate infrastructure).Maximum penalty—1,000 penalty units.
(3)The notice must—(a)be in the approved form; and(b)state the day by which the service provider intends to stop supplying the service.(4)The regulator may require either or both of the following to give additional information about the notice—(a)the service provider;(b)if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.(5)The regulator may require any information included in the notice, or any additional information required under subsection (4), to be verified by statutory declaration.(6)If a requirement is made of the service provider under subsection (4) or (5) and the service provider fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the requirement, the notice given under subsection (2) is of no effect.(7)If the service provider continues supplying the service after the day stated in the notice—(a)the notice ceases to have effect as a notice for subsection (2); and(b)if the service provider is again likely to stop supplying the service—the service provider must give a further notice under subsection (2).(8)If the service provider stops supplying the service, the service provider must, within 5 business days after stopping supply, give notice of the stoppage to—(a)the regulator; and(b)if the service provider is the prescribed related entity of the relevant infrastructure owner—the owner.(9)The notice must—(a)be in the approved form; and(b)state the day on which the provider stopped supplying the service.
27 Cancellation of registration if service provider stops supplying service
If the regulator receives a notice under section 26(8), the regulator must—(a)cancel the service provider’s registration as a service provider for the infrastructure and services to which the notice relates; and(b)give notice of the cancellation to—(i)the service provider; and(ii)if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.
28 Applying for cancellation of registration as service provider
(1)A service provider may apply to the regulator to have the provider’s registration cancelled if the provider has not supplied, and does not intend to start supplying, the service for which the provider is registered.(2)The application must be—(a)made in the approved form; and(b)supported by sufficient information to enable the regulator to decide the application.(3)If the service provider is the prescribed related entity of the relevant infrastructure owner, the service provider must give the owner notice of the application.(4)The regulator may require—(a)the applicant to give additional information about the application; or(b)the information included in the application, or the additional information required under paragraph (a), to be verified by statutory declaration.(5)If the regulator is satisfied the applicant has complied with subsections (2) and (3) and any requirement under subsection (4), the regulator must—(a)cancel the service provider’s registration as a service provider for the infrastructure and services to which the application relates; and(b)give notice of the cancellation to—(i)the service provider; and(ii)if the service provider was the prescribed related entity of the relevant infrastructure owner—the owner.
Subdivision 5 Other matters
29 Registration as a service provider is not a right to water entitlement or resource operations licence
To remove any doubt, it is declared that registration as a service provider does not, of itself, entitle a service provider to a water entitlement or a resource operations licence.
30 Operation of infrastructure by prescribed related entity
(1)This section applies to a service provider that is the prescribed related entity of the relevant infrastructure owner for a registered service of the service provider.(2)To remove any doubt, it is declared that the service provider can operate the infrastructure for the service under this chapter as if it were the owner.(3)Subsection (2) applies despite a contract, covenant or claim of right under a law of a State.
30A Ownership and operation of service provider’s infrastructure that is part of land
(1)This section applies to—(a)the ownership of a service provider’s infrastructure; or(b)a service provider’s operation of the service provider’s infrastructure under this chapter.(2)Neither the ownership nor the operation of the service provider’s infrastructure is affected only because—(a)the infrastructure is, or becomes, part of land; or(b)the land of which the infrastructure is a part is sold or otherwise disposed of.(4)This section applies despite—(a)an Act or law of a State; or(b)a contract, covenant or claim of right under a law of a State.
Division 2 General powers of service providers and authorised persons
31 Definition for div 2
In this division—place does not include a building or structure used for residential purposes.
32 Application of div 2
This division applies only to the services for which a service provider is registered.
33 Power to disconnect unauthorised connections
(1)This section applies if a person makes an unauthorised connection to the service provider’s infrastructure.(2)The service provider may give the person a notice asking the person to state, within the reasonable period stated in the notice, why the service provider should not disconnect the connection.(3)The period stated in the notice must not be less than 48 hours after the notice is given.(4)If the service provider is not satisfied, within the period stated in the notice, that the connection should not be disconnected—(a)an authorised person of the service provider may enter the place where the connection is and disconnect the connection; and(b)the service provider may recover from the person as a debt—(i)the cost of the disconnection; and(ii)the value of any service used by the person through the connection.(5)However, if the connection is causing damage to the service provider’s infrastructure—(a)an authorised person may, without notice, enter the place where the connection is and disconnect the connection; and(b)the service provider may recover from the person as a debt—(i)the cost of the disconnection; and(ii)the value of any service used by the person through the connection.(6)If an authorised person enters a place under subsection (5), the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry.(7)If there is no person at the place at the time of the entry under subsection (5), the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way.
34 Power to direct remedial work
(1)This section applies to the owner of—(a)defective or improper equipment connected to, or adversely affecting, a service provider’s infrastructure; or(b)land on which there is situated vegetation or any other thing adversely affecting the service provider’s infrastructure or ability to provide the services for which the service provider is registered.(2)The service provider may give the owner a notice to do work, within the reasonable period stated in the notice, to—(a)rectify the equipment; or(b)remove the vegetation or other thing.(3)If the owner does not do the work within the period stated in the notice—(a)an authorised person may, under section 36, enter the place where the work is required and do the work; and(b)the service provider may recover from the owner as a debt the cost of the work.
35 Power to install meters
(1)A service provider may install, or approve the installation of, a meter in a position, decided by the service provider, on infrastructure supplying water to premises.(2)The meter is the property of the service provider even if it is installed inside the boundary of the premises.Note—
A licence under the Plumbing and Drainage Act 2018 may be required to install a meter.
36 Power to enter places for restricted purposes
(1)An authorised person may enter a place to—(a)inspect, operate, change, maintain, remove, repair or replace a service provider’s infrastructure at the place; or(b)install, under section 169, a device to reduce the water supply to premises at the place; or(c)if the place is public land that adjoins a watercourse or lake downstream of a dam or weir—erect a sign on the land to warn individuals of the risks of entering an area downstream of the dam or weir.(2)However, the authorised person may enter the place at any reasonable time only if—(a)the occupier consents to the entry; or(b)the service provider has given the occupier at least 14 days notice of the entry and the purpose of the entry; or(c)for entry under subsection (1)(a) or (b)—the service provider needs to take urgent action to protect its infrastructure at the place.(3)Subsection (2) does not apply to an authorised person entering public land under subsection (1)(c) if there is no person in actual occupation of the land.(4)After entering the place, the authorised person may carry out the activity that is the purpose of the entry.(5)If an authorised person enters a place under subsection (2)(c), the authorised person must give the person who appears to the authorised person to be the owner of, or in control of, the place, a notice advising the purpose of the entry.(6)If there is no person at the place at the time of the entry under subsection (2)(b), the authorised person must leave the notice at the place in a conspicuous position and in a reasonably secure way.(7)This section does not limit section 37.(8)In this section—public land means land that is under the management or control of—(a)the State; or(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982.
37 Power to enter place to read, check, maintain or replace meter
(1)An authorised person may enter a place at any reasonable time—(a)to read a meter; or(b)to check the accuracy of a meter; or(c)to maintain or replace a meter.(2)In this section—meter, in relation to a place, means a device, including equipment related to the device, for measuring the volume of water supplied to the place and installed on infrastructure that supplies retail water services at the place.
38 Notice of damage
(1)This section applies if—(a)an authorised person damages property when exercising or purporting to exercise a power under this division; or(b)a person (the other person) acting under the direction or authority of an authorised person damages property.(2)The authorised person must immediately give notice of particulars of the damage to a person who appears to the authorised person to be an owner of the property.(3)If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised person’s or other person’s control, the authorised person may state the belief in the notice.(4)If, for any reason, it is impracticable to comply with subsection (2), the authorised person must leave the notice where the damage happened in a conspicuous position and in a reasonably secure way.(5)This section does not apply to damage the authorised person reasonably believes is trivial.(6)In this section—owner, of property, includes a person in possession or control of it.
39 Compensation
(1)If a person incurs loss or expense because of the exercise or purported exercise of a power under this division, the person may claim compensation from the service provider.(2)Without limiting subsection (1), compensation may also be claimed for loss or expense incurred in complying with a requirement made of the person under this division.(3)Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.(4)A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.(5)For this section, loss or expense does not include loss or expense caused by the act of—(a)removing an unauthorised connection; or(b)rectifying defective or improper equipment; or(c)removing vegetation or any other thing.
40 Recovery of costs
(1)This section applies if—(a)a person damages a service provider’s infrastructure; or(b)a service provider suffers loss because a person—(i)makes an unauthorised connection to the service provider’s infrastructure; or(ii)discharges material, if it is not material the service provider has authorised to be discharged, into the service provider’s infrastructure; or(iii)interferes with the service provider’s infrastructure; or(iv)pollutes the water in the service provider’s infrastructure.(2)The service provider may recover from the person as a debt the amount of the loss or the reasonable cost of repairing the damage.
Division 3 Power to restrict water supply
41 Restricting water supply
(1)If a water service provider considers it necessary, the water service provider may restrict—(a)the volume of water taken by or supplied to a customer or type of customer; or(b)the hours when water may be used on premises for stated purposes; or(c)the way water may be used on premises.(2)The water service provider may impose a restriction under subsection (1) (a service provider water restriction) only if—(a)there is an urgent need for the service provider water restriction; or(b)the available water supply has fallen to a level at which unrestricted use of the water is not in the public interest; or(c)the service provider has a reasonable and comprehensive strategy for demand management for water and the restriction is essential to ensure the aims of the strategy are met; or(d)the Minister has published a notice under the Water Act, section 25B, or a regulation has been made under the Water Act, section 25F, and the restriction is for the purposes of the notice or regulation; or(e)the water service provider is directed, under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response, to impose the restriction; or(f)the water service provider is directed by the regulator, under section 42(2), to impose the restriction.(3)A water service provider may apply a restriction imposed under subsection (1) to water taken from a rainwater tank connected to the service provider’s reticulated supply.(4)However, a restriction imposed under subsection (1) must be consistent with conditions contained in the service provider’s resource operations licence, interim resource operations licence, water licence or water allocation, relating to the supply of the water.(5)A restriction may provide an exemption from all or part of the restriction.(6)In this section, the power to restrict includes the power to prohibit.
42 Regulator may direct restriction
(1)This section applies if the regulator considers—(a)there is a significant threat to sustainable and secure water supply in an area; and(b)it is necessary or desirable to impose a restriction under section 41 on the area or another area.(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.(2)The regulator may, after consultation with the water service provider for the area or the other area, direct the water service provider to—(a)impose a restriction, under section 41, in the area or the other area within a stated period; and(b)provide a written response to the regulator, within a stated period, stating the steps the water service provider intends to take to ensure the restriction is complied with.(3)A service provider to whom a direction is given under subsection (2) must comply with the direction.Maximum penalty—200 penalty units.
(4)If the regulator is satisfied the response is adequate to ensure compliance with the restriction, the regulator must—(a)approve the response; and(b)give the service provider notice of the approval.(5)If the regulator is not satisfied the response is adequate to ensure compliance with the restriction, the regulator must—(a)change the response to make it adequate; and(b)approve the changed response; and(c)give the service provider notice of the approval.(6)A service provider must comply with the approved response by taking the steps stated in the response for ensuring the restriction is complied with.Maximum penalty for subsection (6)—200 penalty units.
43 Notice of service provider water restriction must be given
(1)A water service provider must give notice of a service provider water restriction imposed by the service provider to anyone affected by it in the way the service provider considers appropriate having regard to the circumstances in which the restriction is imposed.(2)Subsection (3) applies if the service provider water restriction is imposed because—(a)there is an urgent need for the restriction; or(b)the service provider is directed under a water supply emergency declaration to impose the restriction.(3)Without limiting subsection (1), an appropriate way for the service provider to give notice of the service provider water restriction is by broadcasting the restriction on radio or television or using another form of electronic communication.(4)The service provider water restriction has effect from—(a)ordinarily—the beginning of the day after the notice is given; or(b)if the restriction is imposed because of an urgent need or water supply emergency declaration—when the restriction is imposed.(5)A person must not contravene a service provider water restriction.Maximum penalty—
(a)for a non-residential customer—1,665 penalty units; or(b)for any other person—200 penalty units.(6)Subsections (7) and (8) apply if a water service provider, directed under a water supply emergency declaration, a water supply emergency regulation or an approved water supply emergency response to impose service provider water restrictions, does not comply with the direction.(7)The Minister may give notice of the service provider water restrictions, required under the declaration, regulation or response to be imposed, to anyone affected by the restrictions in the way the Minister considers appropriate.(8)Notice given by the Minister under subsection (7)—(a)imposes the service provider water restrictions stated in the notice; and(b)is taken to be notice given by the service provider under subsection (1).(9)Evidence of compliance with a relevant part of a service provider water restriction includes—(a)an authorised person is satisfied the premises meets the requirements for the restriction; or(b)the person produces a certificate from a licensed plumber certifying that the premises meets the requirements for the restriction; or(c)the person produces a statutory declaration declaring the premises meets the requirements for the restriction.
44 Temporary interruptions to water supply
(1)A water service provider may shut off the water supply to premises for the time reasonably necessary for the service provider to perform work on the service provider’s infrastructure, including a property service.(2)However, the service provider must give anyone likely to be affected by the shutting off of the water supply at least 48 hours notice of its intention to shut off the water supply, advising the reasons for shutting it off, and for how long it will be shut off.(3)Subsection (2) does not stop the service provider shutting off its water supply, without notice, if there is—(a)a serious risk to public health; or(b)a likelihood of serious injury to persons or damage to property; or(c)another emergency.(4)If the service provider acts under subsection (3), the service provider must give anyone likely to be affected by the action—(a)notice of the action; and(b)the reasons for the action; and(c)if the action is continuing when the notice is given—notice about how long the action will continue.
Division 4 Authorised persons
45 Appointing authorised persons
(1)A service provider may appoint a person to be an authorised person of the service provider if—(a)the service provider is satisfied the person has the necessary expertise or experience to be an authorised person; or(b)the person has satisfactorily finished training approved by the service provider.(2)However, the service provider can not appoint the person unless the provider is satisfied the person—(a)can perform the functions of an authorised person safely; and(b)can, while performing those functions, mitigate any risks to public health and safety.
46 Authorised person’s identity cards
(1)The service provider must give an identity card to each authorised person.(2)The identity card must—(a)contain a recent photograph of the person; and(b)be signed by the person; and(c)identify the person as an authorised person of the service provider; and(d)include an expiry date.
47 Failure to return identity card
A person who ceases to be an authorised person must give the person’s identity card to the service provider within 15 business days after the person ceases to be an authorised person unless the person has a reasonable excuse.Maximum penalty—50 penalty units.
48 Producing and displaying identity card
(1)An authorised person may exercise a power under division 2 in relation to someone else (the other person) only if the authorised person—(a)first produces the authorised person’s identity card for the other person’s inspection; or(b)has the identity card displayed so it is clearly visible to the other person.(2)However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.
Division 5 Liability of service providers
49 Liability of service providers and others for particular events or circumstances
(1)A service provider, entity operating a service provider’s infrastructure, relevant infrastructure owner, owner of land, operator of water infrastructure, operator of special infrastructure or lessee of a service provider or operator of water infrastructure (each an indemnified party) is not liable for an event or circumstance beyond the control of the indemnified party.(2)Subsection (1)—(a)applies only if, in relation to the event or circumstance, the indemnified party acted reasonably and without negligence; and(b)does not affect, or in any way limit, the liability of an indemnified party for negligence.(3)In this section—an event or circumstance includes—(a)the escape of water from water infrastructure or works; and(b)flooding upstream or downstream of water infrastructure or works; and(c)contamination, or the quality, of water, including manufactured water flowing, or released, from water infrastructure, special infrastructure or works.manufactured water means water, including desalinated or recycled water or any substance resulting from the production of desalinated or recycled water, from any source.relevant water infrastructure means infrastructure that is—(a)infrastructure the subject of—(i)a water supply emergency declaration or water supply emergency regulation; or(ii)works to be undertaken, including works included in a program of works approved by the Governor in Council, under the State Development and Public Works Organisation Act 1971; and(b)a prescribed project under the State Development and Public Works Organisation Act 1971; and(c)infrastructure the Minister declares in a gazette notice to be relevant water infrastructure for the purposes of this section.
Division 6 Water efficiency management plans
50 Purpose of div 6
The purpose of this division is to promote water savings by non-residential customers.
51 Application of div 6
(1)This division applies for a non-residential customer who does not hold a water entitlement.(2)However, if this division would not apply to a non-residential customer because of subsection (1), but the customer takes water from a water service provider under another arrangement, this division applies for the other arrangement.(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.
52 When water efficiency management plan may be required
(1)The chief executive may, by written direction, require a water service provider to give a customer, or type of customer, a written notice—(a)to prepare a plan (a water efficiency management plan); and(b)to give it to the water service provider within the reasonable period stated by the chief executive.(2)The water service provider must comply with the direction.Maximum penalty—500 penalty units.
(3)A water service provider may, without direction, give a customer, or type of customer, a written notice—(a)to prepare a plan (also a water efficiency management plan); and(b)to give it to the water service provider within the reasonable period stated by the water service provider.(4)The customer must comply with a notice given by the water service provider under subsection (1) or (3).Maximum penalty—500 penalty units.
(5)A plan prepared as a water efficiency management plan under a requirement of a service provider water restriction is also a water efficiency management plan for this section.(6)This division applies to the preparation and approval of a plan mentioned in subsection (1), (3) or (5).
53 Content of water efficiency management plan
(1)A water efficiency management plan prepared under section 52(1) must comply with any guidelines made by the chief executive for preparing the plan.(2)A water efficiency management plan prepared under section 52(3) must comply with—(a)any guidelines made by the chief executive for preparing the plan; or(b)if the chief executive has not made any guidelines—any guidelines made by the water service provider for preparing the plan.(3)A water efficiency management plan must also state the following—(a)the name of the customer and the location where the plan applies;(b)an outline of the customer’s current water use at the location and the source of the water used;(c)the water savings and efficiencies that will be achieved by implementing the plan;(d)the time frames for implementing the plan.
54 Approving water efficiency management plan
(1)For deciding whether or not to approve a water efficiency management plan, the water service provider may require the customer to give additional information about the plan within the reasonable period stated by the water service provider.(2)The water service provider must approve, with or without conditions, or refuse to approve the plan—(a)if additional information is not required—within 60 business days after receiving the plan; or(b)if additional information is required—within 60 business days of when the information is received or should have been given, whichever is earlier.(3)Within 10 business days after making a decision under subsection (2), the water service provider must give the customer an information notice.(4)If the water service provider does not approve the plan, the customer must—(a)amend the plan to address the reasons for the decision; and(b)within 20 business days after receiving a notice under subsection (3) or the extended period under subsection (5), give the water service provider the revised plan.Maximum penalty—200 penalty units.
(5)The water service provider may extend the period of 20 business days mentioned in subsection (4).(6)This division applies for a revised plan, with any necessary changes to give effect to the division.(7)The water service provider may recover from the customer as a debt an application fee for the approval of the customer’s water efficiency management plan that is not more than the cost to the water service provider of approving the plan.
55 Complying with water efficiency management plan
A customer must comply with the customer’s approved water efficiency management plan.Maximum penalty—1,665 penalty units.
56 Reporting under water efficiency management plan
(1)A customer to whom an approved water efficiency management plan applies must give the water service provider a written report each year advising—(a)the extent to which the plan has been implemented; and(b)the water savings and efficiencies achieved by implementing the plan; and(c)any change of circumstances in relation to the matters mentioned in section 57(1)(a).Maximum penalty—100 penalty units.
(2)The report must be given within 10 business days after the anniversary day for the plan.(3)The chief executive may at any time ask a water service provider to give the chief executive—(a)a copy of an approved water efficiency management plan; or(b)information about a plan that has not yet been approved; or(c)a report summarising progress by the water service provider’s customers in achieving water savings and efficiencies.(4)The water service provider must comply with the request within 20 business days.Maximum penalty for subsection (4)—100 penalty units.
57 Amending or replacing water efficiency management plan by chief executive direction
(1)This section applies if the chief executive is satisfied that there is or there is likely to be—(a)a severe water supply shortage; or(b)an increase in the severity of a water supply shortage.(2)The chief executive may, by written direction, require a water service provider to give a customer, or type of customer, a written notice requiring the customer to—(a)amend an approved water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive; or(b)prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the chief executive.(3)The water service provider must comply with the direction.Maximum penalty—500 penalty units.
(4)The customer must comply with a notice given under subsection (2).Maximum penalty—500 penalty units.
(5)This division, other than section 52, applies for preparing the amended or new plan, with any necessary changes to give effect to the division.
58 Amending or replacing water efficiency management plan by water service provider direction
(1)This section applies if a water service provider is satisfied that—(a)for a customer, or a type of customer, production output or water consumption has increased significantly; or(b)the cost effectiveness of implementing an approved water efficiency management plan is likely to have changed significantly; or(c)there is or there is likely to be a severe water supply shortage.(2)The water service provider must give the customer a written notice requiring the customer to—(a)amend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or(b)prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.(3)The customer must comply with the notice.Maximum penalty—500 penalty units.
(4)This division, other than section 52, applies for preparing the amended or new plan, with any necessary changes to give effect to the division.
59 Amending or replacing water efficiency management plan by request
(1)A customer may request an amendment of an approved water efficiency management plan or that a new water efficiency management plan be prepared.(2)If the water service provider approves the request the customer must—(a)amend the plan and give it to the water service provider within the reasonable period stated by the water service provider; or(b)prepare a new water efficiency management plan and give it to the water service provider within the reasonable period stated by the water service provider.(3)This division, other than section 52, applies for preparing the amended or new plan, with any necessary changes to give effect to the division.
60 Notice to comply with water efficiency management plan
(1)This section applies if a water service provider is satisfied or reasonably believes a customer to whom an approved water efficiency management plan applies has not complied with the plan.(2)The water service provider may give the customer a notice requiring the customer to comply with the plan within the reasonable period stated in the notice.
61 Reviewing water efficiency management plans
(1)A water service provider must ensure a customer to whom an approved water efficiency management plan applies reviews the plan when the water service provider considers it appropriate.(2)The customer must give the water service provider a copy of the review report within the reasonable period stated by the water service provider.(3)A review must occur at least every 5 years.
Division 7 Miscellaneous
62 No charge for water in rainwater tank
A service provider must not make a charge for water that—(a)has been collected from a roof; and(b)is in, or taken from, a rainwater tank.
63 Sections 63–69 not used
See editor’s note for section 1.
Part 4 Service provider obligations
Division 1 Drinking water quality management
Subdivision 1 Offences
70 [Repealed]
71 [Repealed]
72 [Repealed]
73 [Repealed]
74 [Repealed]
75 [Repealed]
76 [Repealed]
77 [Repealed]
78 [Repealed]
79 [Repealed]
80 [Repealed]
81 [Repealed]
82 [Repealed]
83 [Repealed]
84 [Repealed]
85 [Repealed]
86 [Repealed]
87 [Repealed]
88 [Repealed]
89 [Repealed]
90 [Repealed]
91 [Repealed]
92 Offence to carry out drinking water service without approved drinking water quality management plan
A drinking water service provider must not carry out a drinking water service unless there is an approved drinking water quality management plan for the drinking water service.Maximum penalty—1,665 penalty units.
Note—
This provision is an executive liability provision—see section 487.
93 Offence about compliance with drinking water quality management plan
A drinking water service provider who has an approved drinking water quality management plan must comply with—(a)the plan; and(b)the conditions of the plan.Maximum penalty—1,665 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.
Subdivision 2 Drinking water quality management plans
94 Purpose of drinking water quality management plan
The purpose of a drinking water quality management plan is to protect public health.
95 Preparing drinking water quality management plan
(1)Each drinking water service provider must prepare a drinking water quality management plan for the provider’s drinking water service and apply to the regulator for approval of the plan.(2)The application must—(a)be in the approved form; and(b)be accompanied by—(i)a copy of the drinking water quality management plan; and(ii)the fee prescribed under a regulation.(3)The drinking water quality management plan must—(a)be prepared in accordance with the guidelines, if any, made by the regulator about preparing the plan; and(b)state the registered services to which the plan applies; and(c)include details of the infrastructure for providing the services; and(d)identify the hazards and hazardous events the drinking water service provider considers may affect the quality of water to which the services relate; and(e)include an assessment of the risks posed by the hazards and hazardous events; and(f)demonstrate how the drinking water service provider intends to manage the risks posed by the hazards and hazardous events; and(g)include details of the operational and verification monitoring programs under the plan, including the parameters to be used for indicating compliance with the plan and the water quality criteria for drinking water; and(h)for a plan prepared by the prescribed related entity of the relevant infrastructure owner—be accompanied by the owner’s written agreement to the plan.
96 Additional information may be required
(1)The regulator may, by notice, require either or both of the following (the recipient) to give additional information about the drinking water quality management plan—(a)the drinking water service provider;(b)if the drinking water service provider is the prescribed related entity of the relevant infrastructure owner—the owner.Example of additional information—
information about arrangements relating to the supply of water to or from the provider’s drinking water service(2)If the recipient fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the notice, the application is taken to have been withdrawn.(3)A requirement under this section is an information requirement.
97 Regulator may obtain advice about application
The regulator may obtain advice from an advisory council or any other entity the regulator considers appropriate before deciding the application.
98 Consideration of application
(1)The regulator must consider each application and decide to approve, with or without conditions, or refuse to approve, the drinking water quality management plan—(a)if an information requirement is not made in relation to the plan—within 3 months after receiving the plan; or(b)if an information requirement is made in relation to the plan—within 3 months after the requirement has been complied with.(2)In considering an application, the regulator must have regard to the following—(a)the drinking water quality management plan and any additional information about the plan given to the regulator under section 96;(b)the guidelines, if any, made by the regulator about preparing the plan;(c)any advice obtained by the regulator under section 97;(d)the water quality criteria for drinking water.
99 Notice of decision
(1)Within 10 business days after deciding the application, the regulator must give the drinking water service provider—(a)if the decision is to approve the drinking water quality management plan without conditions—notice of the decision; or(b)if the decision is to approve the plan with conditions, or refuse to approve the plan—an information notice for the decision.(2)If the regulator approves the drinking water quality management plan, the notice of the decision or information notice for the decision must state all of the following—(a)the conditions, if any, of the approval;(b)the intervals at which regular reviews of the approved plan must be conducted;(c)if the regulator requires audits of the approved plan—the intervals at which the audits must be conducted.Note—
See also section 108 in relation to auditing the drinking water quality management plan.(3)An interval mentioned in subsection (2)(b) must not be less than 1 year.(4)An interval mentioned in subsection (2)(c) must not be less than 2 years.
99A Amendment of drinking water quality management plan—agreement
(1)A drinking water service provider may, with the regulator’s agreement, amend the provider’s approved drinking water quality management plan if the amendment—(a)is only to correct a minor error in the plan or make another change that is not a change of substance; or(b)is to record a change of name or change of ownership of the provider.(2)The drinking water quality management plan as amended is taken to be the drinking water service provider’s approved drinking water quality management plan.
100 Amendment of drinking water quality management plan—application
(1)This section applies if a drinking water service provider proposes to amend the provider’s approved drinking water quality management plan and the amendment is not an amendment mentioned in section 99A(1).(2)The drinking water service provider must apply to the regulator for approval of the proposed amended drinking water quality management plan.(3)Sections 95(2) and (3) and 96 to 99 apply to the application and the proposed amended drinking water quality management plan—(a)as if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and(b)as if a reference in the sections to the plan were a reference to the amended plan.
101 Amendment of drinking water quality management plan—requirement of regulator
(1)The regulator may, under this section, require a drinking water service provider to amend the provider’s drinking water quality management plan if the regulator is satisfied the amendment is required to protect public health.(2)Before requiring the drinking water service provider to amend the drinking water quality management plan, the regulator must give the provider a show cause notice about the proposed amendment.(3)If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should be made, the regulator must—(a)give the drinking water service provider a notice requiring the provider—(i)to amend the drinking water quality management plan in the way stated in the notice; and(ii)to give the regulator a copy of the amended plan, within the reasonable period of at least 30 business days stated in the notice, for approval; and(b)give the drinking water service provider an information notice for the decision.(4)The drinking water service provider must comply with the notice mentioned in subsection (3)(a).Maximum penalty—1,665 penalty units.
(5)If the regulator is satisfied the drinking water quality management plan has been amended in the way stated in the notice mentioned in subsection (3)(a)—(a)the plan as amended is taken to be the approved plan; and(b)the regulator must give the drinking water service provider notice that the plan as amended is taken to be the approved plan.(6)The amended drinking water quality management plan takes effect from the day the notice mentioned in subsection (5)(b) is given to the drinking water service provider.(7)If, after considering all properly made submissions about the proposed amendment, the regulator decides the proposed amendment should not be made, the regulator must give the drinking water service provider notice that the plan need not be amended.(8)If the drinking water service provider is the prescribed related entity of the relevant infrastructure owner, the regulator must give the relevant infrastructure owner a copy of all the notices.
Subdivision 3 Reporting requirements
102AA Application of sdiv 3
This subdivision applies to a drinking water service provider carrying out a drinking water service if there is an approved drinking water quality management plan for the drinking water service.
102 Notice of noncompliance with water quality criteria
(1)This section applies if the drinking water service provider becomes aware that the quality of water supplied from the provider’s drinking water service does not comply with the water quality criteria relating to the service.(2)The drinking water service provider must, unless the provider has a reasonable excuse, immediately inform the regulator of the noncompliance and the circumstances that gave rise to the noncompliance.Maximum penalty—1,665 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.(3)The drinking water service provider must, unless the provider has a reasonable excuse, give the regulator notice of the following in the approved form as soon as practicable—(a)the noncompliance and the circumstances that gave rise to the noncompliance;(b)any action taken, or to be taken, by the provider to correct the noncompliance;(c)the measures the provider will take to prevent the noncompliance in the future.Maximum penalty for subsection (3)—200 penalty units.
Note—
If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 487A, to have also committed the offence.
102A Notice of prescribed incident
(1)This section applies if a drinking water service provider becomes aware a prescribed incident has happened in relation to the provider or the provider’s service.(2)The drinking water service provider must, unless the provider has a reasonable excuse, immediately inform the regulator of the prescribed incident.Maximum penalty—1,665 penalty units.
(3)The drinking water service provider must, unless the provider has a reasonable excuse, give the regulator notice of the following in the approved form as soon as practicable—(a)the prescribed incident and the circumstances that gave rise to the incident;(b)any action taken, or to be taken, by the provider relating to the prescribed incident;(c)the measures the provider will take to prevent the prescribed incident happening again in the future.Maximum penalty—200 penalty units.
(4)In this section—prescribed incident means an incident prescribed under a regulation.
102B Self-incrimination not a reasonable excuse for sdiv 3
(1)It is not a reasonable excuse, under section 102 or 102A, for a drinking water service provider to fail to give the relevant information that giving the information might tend to incriminate the provider.(2)If the drinking water service provider is an individual, evidence of, or evidence directly or indirectly derived from, the relevant information that might tend to incriminate the provider is not admissible in evidence against the provider in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.(3)In this section—relevant information means information given to the regulator under section 102 or 102A.
Subdivision 4 Miscellaneous
103 Requirement about giving water quality information
(1)This section applies if a drinking water service provider obtains water for the provider’s drinking water service from a water storage or other infrastructure that is not part of a water service for which there is a drinking water quality management plan.(2)The drinking water service provider may, by notice given to the owner of the water storage or other infrastructure, ask the owner to give the drinking water service provider the information reasonably required by the provider about the quality of water in the water storage or infrastructure.(3)The notice must—(a)include enough details about the information reasonably required to enable the owner of the water storage or other infrastructure to comply with the request; and(b)state the reasonable period within which the information must be given.(4)The owner of the water storage or other infrastructure must comply with the notice, unless the owner has a reasonable excuse.Maximum penalty—500 penalty units.
(5)The owner of the water storage or other infrastructure may recover from the drinking water service provider the reasonable costs incurred by the owner in obtaining the information.(6)The owner of the water storage or other infrastructure may recover, as a debt due to the owner, any amount the owner is entitled to recover under subsection (5).
104 Requirement about operation of drinking water service
A drinking water service provider must ensure that there are persons engaged in the operation of the provider’s drinking water service who have the qualifications or experience prescribed under a regulation for section 586(2)(d)(i).Maximum penalty—1,665 penalty units.
Division 2 Audit reports and reviews
105 Meaning of auditor
(1)This section applies in relation to—(a)an audit of a service provider’s drinking water quality management plan; or(b)an audit of data in a service provider’s performance report.(2)A person is an auditor for the audit if the person—(a)is not the provider or an employee of the provider; and(b)if the provider is a prescribed related entity of a relevant infrastructure owner—is not the owner or an employee of the owner; and(c)is not employed in the operation of the provider’s infrastructure.(3)Also, the person must—(a)for an audit mentioned in subsection (1)(a)—(i)be certified under the Drinking Water-Quality Management System Auditor Certification Scheme to audit drinking water quality management plans; or(ii)have another qualification the regulator is satisfied is at least equivalent to the certification mentioned in subparagraph (i); or(b)for an audit mentioned in subsection (1)(b)—be suitably qualified.
106 Reviewing plans
(1)A service provider must regularly review the service provider’s drinking water quality management plan, in accordance with the notice given by the regulator under section 99.Maximum penalty—500 penalty units.
(2)The purpose of the review is to ensure the plan remains relevant having regard to the operation of the water service provided by the service provider.
107 Changing plans following review
(1)Subsection (2) applies if a review of a drinking water quality management plan indicates the plan needs to be changed to reflect changes to the operation of the water service provided by the service provider.(2)Within 30 business days after the review ends, the service provider must—(a)amend the drinking water quality management plan to reflect the changes to the operation of the water service; and(b)apply to the regulator for approval of the amended plan.Maximum penalty—200 penalty units.
(3)The amended drinking water quality management plan must indicate the way the plan has been amended.(4)Sections 95(2) and (3), and 96 to 99 apply to the application for approval of the amended drinking water quality management plan and the amended plan—(a)as if a reference in the sections to the drinking water quality management plan were a reference to the amended drinking water quality management plan; and(b)as if a reference in the sections to the plan were a reference to the amended plan.
108 Audits of drinking water quality management plans
(1)This section applies if, under section 99, the regulator requires audits of a service provider’s drinking water quality management plan.(2)The service provider must, unless the provider has a reasonable excuse—(a)have the drinking water quality management plan audited, by an auditor, in accordance with the notice given by the regulator under section 99; and(b)within 30 business days after each audit mentioned in paragraph (a) is completed, give the regulator a report about the audit that complies with subsection (3) (a drinking water quality management plan audit report).Maximum penalty—500 penalty units.
(3)The drinking water quality management plan audit report must—(a)be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and(b)verify whether the monitoring and performance data given to the regulator under the drinking water quality management plan is accurate; and(c)assess—(i)the provider’s compliance with the plan and its conditions; and(ii)the plan’s relevance to the provider’s drinking water service.
108A Audits of particular performance reports
(1)This section applies if the regulator reasonably believes that a service provider’s performance report for a particular financial year (the relevant financial year) does not comply with section 142A(3).(2)The regulator may, by written notice, require the service provider to have the data in the performance report audited.(3)If the service provider is given a notice under subsection (2), the provider must, unless the provider has a reasonable excuse—(a)have the data in performance report audited by an auditor; and(b)give the regulator a report about the audit that complies with subsection (4) (a performance audit report) on or before the later of the following days—(i)1 October immediately after the relevant financial year ends;(ii)the day that is 30 days after the provider receives the notice.Maximum penalty—500 penalty units.
(4)The performance audit report must—(a)be prepared by the auditor in accordance with any guidelines about preparing the report made by the regulator; and(b)for each KPI the performance report is about—include the data for the KPI submitted in the performance report under section 142A(3)(d); and(c)verify whether the data audited for the relevant financial year is accurate.(5)Without limiting subsection (3), the service provider is taken to comply with that subsection if—(a)an audit process under another Act would, if complied with by the provider, require the provider to give the regulator a document containing the verification mentioned in subsection (4)(c); and(b)the provider complies with the audit process.
109 Declarations about reports under this division
(1)A report under this division must be accompanied by a statutory declaration by the service provider and the auditor who prepared the report.(2)The service provider’s declaration must be made—(a)if the service provider is an individual—by the service provider; or(b)if the service provider is a corporation—by an executive officer of the corporation.(3)The service provider’s declaration must state that the service provider—(a)has not knowingly given any false or misleading information to the auditor; and(b)has given all relevant information to the auditor.(4)The auditor’s declaration must—(a)state the auditor’s qualifications and experience relevant to the audit; and(b)state that the auditor has not knowingly included any false, misleading or incomplete information in the report; and(c)state that the auditor has not knowingly failed to reveal any relevant information or document to the regulator; and(d)certify that—(i)the report addresses the relevant matters for the evaluation and is factually correct; and(ii)the opinions expressed in it are honestly and reasonably held.(5)If, under section 108A(5), the service provider is taken to comply with section 108A(3), this section applies as if—(a)a reference to an audit were a reference to the audit process mentioned in section 108A(5)(a); and(b)a reference to a report were a reference to the document mentioned in section 108A(5)(a); and(c)a reference to the auditor were a reference to the person who prepared the document mentioned in section 108A(5)(a).
110 Spot audits of plans
(1)Subsection (2) applies if—(a)the regulator is satisfied, or reasonably believes—(i)a service provider is not complying with its drinking water quality management plan; or(ii)a service provider’s drinking water quality management plan is no longer adequate for its registered services; or(b)a service provider does not give the regulator a drinking water quality management plan audit report under section 108(2)(b).(2)In addition to any audit mentioned in section 108, the regulator may, by giving a service provider a show cause notice, arrange for a spot audit report to be prepared about the service provider’s drinking water quality management plan.(3)The spot audit report for a drinking water quality management plan must be prepared by an auditor.(4)The regulator must give the service provider a copy of the report within 30 business days after its completion.(5)Subsections (6) to (8) apply if the report states either or both of the following—(a)the service provider’s drinking water quality management plan is inadequate in a material particular;(b)the service provider has not properly carried out the plan.(6)The regulator must give the service provider an information notice requiring the service provider, within the reasonable period stated in the notice—(a)if subsection (5)(a) applies—to rectify the inadequacy; or(b)if subsection (5)(b) applies—to properly carry out the plan.(7)The service provider must comply with the notice unless the service provider has a reasonable excuse.Maximum penalty—1,665 penalty units.
(8)The regulator may recover from the service provider an amount equal to the cost of completing the report.
111 Declarations about spot audit report
(1)The spot audit report submitted to the regulator must be accompanied by a statutory declaration by the auditor.(2)The declaration must state the matters mentioned in section 109(4).
112 Access for conducting audit reports
(1)For conducting an audit under this division, a service provider must give the following persons free and uninterrupted access to the service provider’s infrastructure and any records relating to the infrastructure—(a)the auditor;(b)any person employed or authorised by the auditor to participate in conducting the audit.Maximum penalty—200 penalty units.
(2)However, the auditor and any person employed or authorised by the auditor to participate in the conduct of the audit must not enter the premises of a customer of the service provider unless the customer agrees to the entry.(3)If the service provider is the prescribed related entity of the relevant infrastructure owner, subsection (1) also applies to the owner as if the reference in the subsection to a service provider were a reference to the owner.
Subdivision 1 [Repealed]
(Repealed)
Subdivision 2 [Repealed]
(Repealed)
Subdivision 3 [Repealed]
(Repealed)
Subdivision 4 [Repealed]
(Repealed)
Subdivision 5 [Repealed]
(Repealed)
Division 3 Customer service standards
113 Purpose of div 3
The purpose of this division is to ensure customers who do not have a contract with the service provider for the supply of registered services (a service contract) are protected by standards relating to the supply.
114 Application of div 3
(1)This division applies to a service provider if the service provider does not have a service contract with all of its customers.(2)Sections 118 and 119 do not apply to a service provider that is an agency to which the Ombudsman Act 2001 applies.(3)This division, other than this subsection, does not apply to a service provider that is a distributor-retailer or a withdrawn SEQ council.Note—
For the rights and obligations of customers of a distributor-retailer or a withdrawn SEQ council, see the South-East Queensland (Distribution and Retail Restructuring) Act 2009, chapter 4, part 4 and the customer water and wastewater code made under that Act.(4)Also, this division does not apply to a service provider that is not a relevant service provider.
115 Preparing customer service standards
(1)The service provider must—(a)prepare a proposed customer service standard for the supply of its registered service; and(b)publish the proposed customer service standard.(2)Any person may make submissions to the service provider about the proposed customer service standard within the period set by the service provider.(3)The service provider must prepare the final customer service standard for the supply of its registered service after considering all submissions made to the provider about the proposed customer service standard.(4)The service provider must prepare the final customer service standard under subsection (3) within 6 months after being registered as a service provider.Note—
For a service provider that prepared a customer service standard before the commencement of this section, see section 661.
(b)of a service provider other than a local government, means—(i)a person who purchases registered services supplied by the service provider; or(ii)a person who occupies non-residential premises that enjoy registered services supplied by the service provider.
customer service standard—
1Customer service standard means a standard prepared under section 115.
2The term includes the standard as revised under section 119.
cybersecurity information means information that could be used to interfere with, damage, disrupt, or destroy—
(a)an electronic system owned or controlled by the State or a service provider, including, for example, a system used for the delivery of a sewerage service or a water service; or
(b)data owned or controlled by the State or a service provider.
dam—
1Dam means—(a)works that include a barrier, whether permanent or temporary, that does or could impound water; and(b)the storage area created by the works.
2The term includes an embankment or other structure that controls the flow of water and is incidental to works mentioned in item (1)(a).
3The term does not include the following—(a)a rainwater tank;(b)a water tank constructed of steel or concrete or a combination of steel and concrete;(c)a water tank constructed of fibreglass, plastic or similar material.
dam failure hazard ...
dam hazard, for chapter 4, part 1, division 2A, see section 352A.
dam hazard event, for chapter 4, part 1, division 2A, see section 352A.
debt notice see section 360(3).
declared entity, for a multiple-entity recycled water scheme, means each recycled water provider and other entity, other than the scheme manager for the scheme, declared to be part of the scheme under chapter 3, part 8.
demand management, for water—
1Demand management for water includes—(a)reducing demand for water; and(b)increasing the efficiency of water supply works; and(c)increasing the efficiency of the use of water by end-users; and(d)substituting a process that does not use a water resource for one that does use a water resource; and(e)substituting one water resource for another.
2For item 1(b), water supply works are water infrastructure or other works for the supply of water or the storage, distribution or treatment of water.
department’s website ...
designated region ...
desired levels of service objectives, for water, includes the maximum duration, frequency, and severity of water restrictions that may be expected by end-users of the water.
development see the Planning Act, schedule 2.
development application ...
development approval means a development approval as defined under the Planning Act.
Note—
Under the Planning Act, a development approval is required for certain development. A development approval may be in the form of a preliminary approval, a development permit or a combination of both of them.
development condition—
1Development condition, of a development approval, means a condition of the approval that relates to a referable dam and was imposed by, or at the direction of—(a)the chief executive; or(b)the chief executive of the department in which the Planning Act is administered.
2Development condition includes either of the following—(a)a safety condition;(b)a condition mentioned in the Water Act, section 1068 or 1069.
development permit means a development permit as defined under the Planning Act.
disaster district, for chapter 4, part 1, division 2A, see section 352A.
Disaster Management Act means the Disaster Management Act 2003.
disaster management plan, for chapter 4, part 1, division 2A, see section 352A.
disaster management review report ...
disaster management review response ...
dispute, for chapter 3, part 9, see section 315.
dispute notice see section 524(2).
distribution system means the infrastructure for—
(a)the transmission of water; or
(b)the reticulation of water; or
(c)water treatment or recycling.
distributor-retailer means a distributor-retailer established under the 2009 restructuring Act, section 8.
district group, for chapter 4, part 1, division 2A, see section 352A.
domestic purposes includes irrigating a garden that has an area of not more than 0.25ha and is cultivated for domestic use and not for the sale, barter or exchange of goods produced in the garden.
downstream release hazard ...
drinking water—
1Drinking water means water, for human consumption, intended primarily as water for drinking, whether or not the water is used for other purposes.
2Drinking water does not include—(a)water that is food as defined under the Food Act 2006; or(b)water taken or supplied for domestic purposes under the Water Act.
drinking water quality management plan means a plan about the storage, treatment, transmission or reticulation of water for drinking by a drinking water service provider.
drinking water quality management plan audit report see section 108(2)(b).
drinking water quality management plan report ...
Drinking Water-Quality Management System Auditor Certification Scheme means the scheme—
(a)relating to the conduct of audits of drinking water service providers; and
(b)developed by RABQSA International Inc ARBN 112 238 169 and other entities.
drinking water service means a water service that is—
(a)the treatment, transmission or reticulation of water for supply as drinking water; or
(b)water collection in a water storage, if the water in the storage—(i)includes recycled water; and(ii)is used to augment a drinking water supply.
drinking water service annual report see section 142(2)(a).
drinking water service provider means a water service provider for a drinking water service.
drought management plan ...
dual reticulation system means a network of pipes enabling drinking water and recycled water to be supplied to premises from separate pipes, but only if used to provide recycled water for—
(a)flushing toilets; or
(b)connection to a cold water laundry tap for a washing machine at a residential premises; or
(c)irrigating lawns or gardens of a residential premises; or
(d)washing down external parts of a residential premises, including, for example, a driveway.
economic dispute, for chapter 3, part 9, see section 315.
effective day, for a referable dam notice, see section 342A(2)(c).
emergency action plan see section 352A.
emergency condition ...
emergency event, for chapter 4, part 1, division 2A, see section 352A.
emergency event interim report, for chapter 4, part 1, division 2A, see section 352U(2)(a).
emergency event report, for chapter 4, part 1, division 2A, see section 352T(2).
emergency management chief executive, for chapter 4, part 1, division 2A, see section 352A.
emergency powers see section 439(1).
enforcement order means an order made under chapter 5, part 9.
EP Act authorisation ...
event, for chapter 5, part 5, division 3, see section 441.
exclusion decision ...
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
existing approval period, for chapter 10, part 5, see section 648(2)(b).
existing CSG recycled water scheme ...
existing dam, for chapter 10, part 5, see section 645(1).
existing flood mitigation manual see section 648(1).
existing procedure, for chapter 4, part 2, see section 378(b)(ii)(A).
external review, for a decision, means a review of the decision by QCAT under the QCAT Act.
failure, of a referable dam, means—
(a)the physical collapse of all or part of the dam; or
(b)the uncontrolled release of any of the dam’s contents.
failure impact assessment see section 342(1).
failure impact assessment guidelines see section 342(1)(b).
feasibility advice ...
firefighting purposes includes training for firefighting and testing firefighting equipment.
firefighting system means a system of water pipes, fire hydrants and water storage or pumping facilities connected to a water service provider’s infrastructure solely for firefighting purposes.
flood event, for chapter 4, part 2, see section 371.
flood event interim report, for chapter 4, part 2, see section 384(2)(a).
flood event report, for chapter 4, part 2, see section 383(2).
flood mitigation manual, for a dam, see section 370.
floodwater means water overflowing, or that has overflowed, from a watercourse or lake onto or over riparian land that is not submerged when the watercourse or lake flows between or is contained within its bed and banks.
forecast system, for chapter 4, part 2, see section 371D(e).
full supply level means for a dam generally, the level of the dam’s water surface when water storage is at maximum operating level without being affected by flood.
greywater ...
hazardous waste dam—
1Hazardous waste dam means a dam containing, or that after its construction will contain—(a)a substance, whether liquid, solid or gaseous, derived by, or resulting from, the processing of minerals that tends to destroy life or impair or endanger health; or(b)ash resulting from the process of power generation.
2The term includes a dam that is used, or after its construction will be used, to prevent contamination of the environment by storing waste or a contaminant within the meaning of the Environmental Protection Act 1994.
health department means the department in which the Public Health Act is administered.
hydraulic impact zone ...
impact information ...
impact information notice ...
improvement plan see section 446(2).
incident and emergency response plan, for a recycled water scheme, means a documented plan about the procedures to be followed for incidents or emergencies that affect or may affect the quality of recycled water under the scheme, including—
(a)the preventative and corrective actions to be taken; and
(b)protocols for communication between entities that are part of the recycled water scheme, the regulator and any other stakeholders.
incoming related entity, for chapter 2, part 3, division 1, subdivision 3, see section 24.
indictable offence means an indictable offence under section 492(1).
information notice, for a decision of the regulator, chief executive, a service provider or an authorised officer, means a notice—
(a)stating the following—(i)the decision;(ii)the reasons for the decision;(iii)the name and address of any other person who was given the notice;(iv)that the person to whom the notice is given may apply for an internal review of the decision, within 30 business days after the notice is given;(v)how to apply for the internal review; and
(b)including a copy of the relevant internal review provisions of this Act.
information requirement—
(a)for chapter 2, part 4, division 1—see section 96(3); and
(b)for chapter 3, part 2—see section 203(3); and
(c)for chapter 3, part 4—see section 238(3).
interested entity ...
interested person see section 510(1).
interim period ...
interim recycled water management plan ...
interim resource operations licence means a licence granted under the Water Act before the commencement of section 1271 of the Water Act.
internal audit see section 260(1)(a).
internal review application see section 512(1).
irrigation service means the supply of water or drainage services for irrigation of crops or pastures for commercial gain.
KPI (an acronym of ‘key performance indicator’), for a provision about a relevant service provider, means—
(a)a measure of the efficiency and effectiveness of the delivery of services; or
(b)data that, when combined, provides a measure of the efficiency and effectiveness of the delivery of services.
lake has the meaning given under the Water Act.
land, for chapter 5, part 2, see section 409.
large service provider means—
(a)a service provider primarily providing bulk water services; or
(b)for a retail water service or sewerage service—a service provider with more than 25,000 connections to a registered service; or
(c)for a drinking water service that is the reticulation of water and is not a retail water service—a service provider with more than 25,000 connections to a registered service; or
(d)for an irrigation service—a service provider with—(i)more than 500 users; and(ii)a volume throughput, in any of the last 5 financial years, of more than 10,000ML.
local disaster area, for chapter 4, part 1, division 2A, see section 352A.
local disaster management plan ...
Local Government Act means the Local Government Act 2009.
local government entity see the Local Government Act 2009, section 216A.
local group, for chapter 4, part 1, division 2A, see the Disaster Management Act, section 29.
medium service provider means—
(a)for a retail water service or sewerage service—a service provider with more than 1,000 but not more than 25,000 connections to a registered service; or
(b)for a drinking water service that is the reticulation of water and is not a retail water service—a service provider with more than 1,000 but not more than 25,000 connections to a registered service; or
(c)for an irrigation service—a service provider with—(i)more than 100 but not more than 500 users; and(ii)a volume throughput, in any of the last 5 financial years, of more than 10,000ML.
meter includes equipment, related to the meter, for measuring and recording—
(a)the taking of, or interfering with, water; or
(b)the quality of water.
mining activity ...
multiple-entity recycled water scheme—
1A multiple-entity recycled water scheme means a scheme involving the production and supply of recycled water by more than 1 recycled water provider, or at least 1 recycled water provider and another entity.
2A multiple-entity recycled water scheme is made up of—(a)each recycled water provider and other entity declared to be part of the scheme under a declaration for the scheme made under chapter 3, part 8; and(b)the infrastructure for the production and supply of the recycled water that is stated to be part of the scheme under the declaration.
new infrastructure owner, for chapter 2, part 3, division 1, subdivision 3, see section 25(2)(a).
new service provider, for chapter 2, part 3, division 1, subdivision 3, see section 25B(2)(c).
noncompliance, for chapter 5, part 5, division 3, see section 435(2).
non-economic dispute, for chapter 3, part 9, see section 315.
non-residential customer means a customer who uses water on non-residential premises.
non-residential premises means premises that are not used for ordinary residential purposes, including, for example, tourist accommodation, nursing homes, hostels, hospitals, caravan parks, convents, nurseries, market gardens, turf farms, farms, conference centres and the common property of a community title scheme under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980.
notice means written notice.
notice response, for chapter 4, part 1, division 2A, see sections 352HB(4) and 352HC(3).
occupier, of land, means the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land.
operating agent, for a service provider, see section 12(3)(d).
original decision see section 510(2).
outdoor water use conservation plan ...
outgoing related entity, for chapter 2, part 3, division 1, subdivision 3, see section 24.
owner—
1An owner of land is any of the following, and includes the occupier of the land—(a)the registered proprietor of the land under the Land Title Act 1994;(b)the lessee or licensee under the Land Act 1994 of the land;(c)the holder of a mineral development licence or mining lease over the land under the Mineral Resources Act 1989;(d)the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise;(e)the person who is entitled to receive the rents and profits of the land.
2An owner of a dam is the owner of land on which the dam is constructed or is to be constructed.
party, for chapter 3, part 9, see section 315.
performance audit report see section 108A(3)(b).
performance report see section 142A(2)(a).
petroleum activity ...
petroleum well see the Petroleum and Gas (Production and Supply) Act 2004, schedule 2.
place, for chapter 2, part 3, division 2, see section 31.
place of seizure see section 423(a).
plan area, for any plan under this Act, means the part of the State to which the plan applies.
Planning Act means the Planning Act 2016.
Planning Act offence means an offence against the Planning Act, section 162, 163(1), 164, 165 or 168(5) or (7) to the extent the section relates to the taking of, or interfering with, water.
post supply obligation ...
premises means—
(a)a lot as defined under the Planning Act, schedule 2; or
(b)for a lot under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980—the common property for the lot.
premises group means the land comprised in 2 or more premises all the owners of which have mutual rights and obligations under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 for their respective ownerships, and includes the common property forming part of—
(a)if the premises are lots included in a community titles scheme under the Body Corporate and Community Management Act 1997—the scheme land under that Act for the scheme; or
(b)if the premises are lots under the Building Units and Group Titles Act 1980—the parcel of which the premises form part.
prescribed person, for chapter 5, part 5, division 3, see section 442(1).
prescribed related entity, of a relevant infrastructure owner, see section 20(1)(c)(ii).
prohibited substance, means a substance stated in schedule 1.
properly made submission means a submission that—
(a)is in writing and is signed by each person who made the submission; and
(b)is received on or before the last day for the making of the submission; and
(c)states the name and address of each person who made the submission; and
(d)states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and
(e)is received by the person stated in the notice inviting the submission.
property service—
1Property service—(a)for a water service—is the pipes and fittings installed for connecting premises to a service provider’s infrastructure; or(b)for a sewerage service—is a junction, bend, pipe, jump up or graded jump up required to connect a sanitary drain or property sewer to a service provider’s infrastructure.
2For item 1(b)—(a)a graded jump up is an inclined section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels; and(b)a jump up is a vertical section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels.
property sewer means a sewer for a premises or a premises group.
proposed temporary full supply level ...
Public Health Act means the Public Health Act 2005.
public health conditions ...
publish, in relation to a notice or other document to which section 578C applies, means publish in accordance with that section.
Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than a website of a local government.
rate notice means a rate notice issued under the Local Government Act.
reasonably believes means believes on grounds that are reasonable in the circumstances.
recycled water means any of the following that are intended to be reused—
(a)sewage or effluent sourced from a service provider’s sewerage;
(b)wastewater, other than water mentioned in paragraph (a).
recycled water management plan means—
(a)for a single-entity recycled water scheme—a plan about the production and supply of recycled water under the scheme by the recycled water provider for the scheme; or
(b)for a multiple-entity recycled water scheme—a plan about the production and supply of recycled water under the scheme consisting of a scheme manager plan and a scheme provider plan for each declared entity for the scheme.
recycled water provider means an entity that—
(a)owns infrastructure for the production and supply of recycled water; or
(b)another entity, prescribed under a regulation, that owns infrastructure for the supply of recycled water.
recycled water scheme means a single-entity or a multiple-entity recycled water scheme.
reduced full supply level, for a dam, see section 399B(2).
referable dam see section 341.
referable dam notice, for chapter 4, part 1, division 1A, see section 342A(2).
referral agency ...
registered professional engineer see the Professional Engineers Act 2002, schedule 2.
registered service, for a service provider, means a water or sewerage service for which the service provider is registered.
regular audit see section 261(1)(a).
regulator see section 10.
regulator conditions, for an approved recycled water management plan, see section 205(1).
regulator notice see section 330(2).
related local government means a local government who charges for the supply of water for a retail water service if the retail water service is provided by a water service provider who is not the local government.
relevant debt see section 360(2).
relevant disaster management group ...
relevant district group ...
relevant entity, for a recycled water scheme, means—
(a)for a single-entity recycled water scheme—the recycled water provider for the scheme; or
(b)for a multiple-entity recycled water scheme—the scheme manager for the scheme.
relevant infrastructure owner see section 20(1)(c)(i).
relevant local group ...
relevant location ...
relevant operational work, for chapter 8, part 2, see section 559.
relevant service, for chapter 2, part 3, division 1, subdivision 3, see section 25(1).
relevant service provider means—
(a)a drinking water service provider; or
(b)a sewerage service provider; or
(c)another water service provider prescribed under a regulation.
report requirement see section 141(1).
residential premises means premises used ordinarily for a residential purpose.
resource operations licence means a resource operations licence granted under the Water Act, chapter 2, part 3, division 5.
resource operations plan see the Water Act, schedule 4.
responsible entity—
(a)for chapter 8, part 1, division 1—see section 530(3); or
(b)for chapter 8, part 1, division 2—see section 535(1)(a).
responsible person, for chapter 4, part 2, see section 371D(d)(i).
retail water service—
1A retail water service is a water service that is the reticulation of water in a service area for a water service.
2The term does not include—(a)an irrigation service or a bulk water service in any area; or(b)the supply of recycled water in any area.
reused, in relation to recycled water, includes being treated to improve the water’s quality, but does not include merely being discharged into, or disposed of in, the environment.
review application ...
review decision see section 514(1)(c).
reviewer see section 512(2).
review notice see section 515(1).
safety condition, for a dam, means a safety condition for a referable dam decided by the chief executive under section 354 and includes a safety condition as changed under section 356.
safety requirements, for chapter 4, part 3, see section 396(2).
sanitary drain means a sanitary drain under the Plumbing and Drainage Act 2018.
scheme manager, for a multiple-entity recycled water scheme, see section 300.
scheme manager plan, for a multiple-entity recycled water scheme, means a plan about how the scheme manager for the scheme is to coordinate management of the scheme to ensure the continued operation of the scheme.
scheme provider plan, for a multiple-entity recycled water scheme, means a plan about the production or supply of recycled water under the scheme by a recycled water provider or other declared entity for the scheme.
seepage water means water that seeps from the ground into that part of a structure that is built below ground level.
Examples of structures built below ground level—
tunnels for traffic, underground carparks, basements, lift wells
seepage water approval see section 180(1)(b).
SEQ region see the Water Act, section 341.
SEQ Water Grid Manager ...
service area means an area declared under section 161 for either or both of the following—
(a)a retail water service to customers;
(b)a sewerage service to customers.
service contract see section 113.
service provider—
(a)of a retail water service or sewerage service in a service area, for chapter 2, part 5, see section 160; or
(b)generally—means a water service provider or a sewerage service provider.
service provider register means the register kept under section 12.
service provider’s infrastructure means the infrastructure operated by or for the service provider to supply a registered service, whether or not the infrastructure is owned by the service provider.
service provider water restriction see section 41(2).
sewage means household and commercial wastewater that contains, or may contain, faecal, urinary or other human waste.
sewerage means a sewer, access chamber, vent, engine, pump, structure, machinery, outfall or other work used to receive, store, transport or treat sewage.
sewerage service—
1Sewerage service means—(a)sewage treatment; or(b)the collection and transmission of sewage through infrastructure; or(c)the disposal of sewage or effluent.
2For chapter 2, part 3, the term does not include a service supplied by infrastructure, if—(a)the infrastructure is used solely for mining purposes; or(b)the service is used only by—(i)the owner of the infrastructure or the owner’s guests or employees including, for example, guests at a resort; or(ii)if the owner of the infrastructure is a body corporate for a community titles scheme, however described, established under an Act—the occupants of lots in the scheme.Examples of body corporates for community title schemes—
•a body corporate under the Body Corporate and Community Management Act 1997•a community body corporate or a precinct body corporate under the Mixed Use Development Act 1993•the primary thoroughfare body corporate or the principal body corporate under the Sanctuary Cove Resort Act 1985
sewerage service provider means an entity registered under chapter 2, part 3 as a service provider for a sewerage service.
show cause notice means a notice that complies with section 463.
single-entity recycled water scheme—
(a)means a scheme involving the production and supply of recycled water by only 1 recycled water provider; and
(b)includes infrastructure, owned by the provider, for the production and supply of the water.
small service provider means—
(a)for a retail water service or sewerage service—a service provider with 1,000 or less connections to a registered service; or
(b)for a drinking water service that is the reticulation of water and is not a retail water service—a service provider with 1,000 or less connections to a registered service; or
(c)for an irrigation service—a service provider with—(i)100 or less users; or(ii)a volume throughput, in any of the last 5 financial years, of 10,000ML or less; or
(d)for a water service other than a water service mentioned in paragraph (a), (b) or (c), a service provider—(i)with not more than 500 customers; and(ii)that mainly provides drainage services or water for domestic purposes or for watering stock.
small service provider (non-urban) ...
spillway works, for chapter 4, part 5, see section 399E.
spot audit means an audit conducted under section 110 or 262.
staged water connection, for chapter 2, part 5, division 6, see section 170.
State disaster management plan see the Disaster Management Act, section 49(1).
stock purposes, in relation to taking water, means—
(a)watering stock of a number that would normally be depastured on the land on which the water is, or is to be, used; or
(b)watering travelling stock on a stock route under the Stock Route Management Act 2002, schedule 3.
stormwater drainage means a drain, channel, pipe, chamber, structure, outfall or other work used to receive, store, transport or treat stormwater.
strategic asset management plan ...
subartesian water means water that occurs naturally in, or is introduced artificially into, an aquifer, which if tapped by a bore, would not flow naturally to the surface.
submitter notice see section 513(3)(a).
suitably qualified, in relation to a person who prepares a report about an audit under chapter 2, part 4, division 2 or chapter 3, means a person who—
(a)has the experience or qualifications appropriate to conduct the audit to which the report relates; or
(b)if a regulation prescribes the experience or qualifications necessary for a person to conduct the audit to which the report relates—has the experience or qualifications prescribed under the regulation.
supply, of recycled water, means—
(a)for recycled water that is sewage or effluent—(i)the reuse of the water by the entity that produces it; or(ii)the supply of the water, by the entity that produces it, to another entity for reuse; and
(b)for other recycled water—supply of the water, by the entity that produces it, to another entity for reuse, other than another entity that, under a guideline made by the regulator and prescribed under a regulation, is a related entity of the entity that produced it.
supply contract means a contract for the storage and supply of water under a water entitlement, a water supply emergency declaration or a water supply emergency regulation.
system leakage management plan ...
system operating plan means a system operating plan under the Water Act, chapter 2A, part 5, division 2.
system operating plan report see section 142B(2)(a).
taking, for water, includes diverting water.
temporary full supply level, for a dam, see section 390(2).
trade waste means water-borne waste from business, trade or manufacturing premises, other than—
(a)waste that is a prohibited substance; or
(b)human waste; or
(c)stormwater.
trade waste approval see section 180(1)(a).
trade waste compliance notice ...
transferee ...
transferor ...
transitional period, for chapter 10, part 4, see section 642(2).
underground water means water that is—
(a)artesian water; or
(b)subartesian water.
validate, in relation to a recycled water scheme, means to carry out testing of the plant or equipment used for the treatment of recycled water under the scheme to show the quality of the recycled water consistently meets the water quality criteria for recycled water relevant to the scheme.
validation program, for a recycled water scheme, means a documented program about how the plant or equipment used for the treatment of recycled water under the scheme are to be tested to show the quality of the recycled water consistently meets the water quality criteria for recycled water relevant to the scheme.
vegetation—
(a)means native plants including trees, shrubs, bushes, seedlings, saplings and reshoots; and
(b)for a wild river area under the Wild Rivers Act 2005, includes dead vegetation.
wastewater means the spent or used water generated on premises from industrial, commercial or manufacturing activities, or animal husbandry activities, other than spent or used water generated from—
(a)an agricultural activity; or
(b)a resource activity as defined under the Environmental Protection Act 1994, section 107.
Water Act means the Water Act 2000.
water advice ...
water allocation means an authority granted under the Water Act, section 121 or 122 to take water.
water approval, for chapter 2, part 5, division 6, see section 170.
water authority means a water authority established under the Water Act.
watercourse see the Water Act, schedule 4.
water efficiency management plan see section 52.
water entitlement means—
(a)a water allocation; or
(b)an interim water allocation granted under the Water Act before the commencement of section 1271 of the Water Act; or
(c)a water licence.
water infrastructure means works operated by the State or the holder of an interim resource operations licence, resource operations licence or other authorisation that is relevant to the management of water entitlements.
water licence means a licence granted under the Water Act, chapter 2, part 3, division 2.
water quality criteria—
(a)for drinking water, means all of the following—(i)the standards for the quality of drinking water prescribed in a regulation under the Public Health Act;(ii)the criteria stated in a guideline, if any, made by the regulator about the quality of drinking water;(iii)the criteria for the quality of drinking water stated in a condition applying to a drinking water quality management plan; and
(b)for recycled water, means all of the following—(i)the standards for the quality of recycled water, relating to the sources and uses of the water, prescribed in a regulation under the Public Health Act;(ii)the criteria for the quality of recycled water, relating to the sources and uses of the water—(A)stated in a guideline, if any, made by the regulator about the quality of recycled water; or(B)for the quality of recycled water to which a recycled water management plan relates—stated in a regulator condition for the plan.
Note—
A recycled water scheme may have more than 1 water quality criteria relevant to the scheme depending on the number of different purposes for which water is supplied.
water security includes the reliability of water supply.
water service—
1Water service means—(a)water harvesting or collection, including, for example, water storages, groundwater extraction or replenishment and river water extraction; or(b)the transmission of water; or(c)the reticulation of water; or(d)drainage, other than stormwater drainage; or(e)water treatment or recycling.
2For chapter 2, part 3, the term does not include a service supplied by infrastructure, if—(a)the infrastructure is used solely for mining purposes; or(b)the service is used only by—(i)the owner of the infrastructure or the owner’s guests or employees including, for example, guests at a resort; or(ii)if the owner of the infrastructure is a body corporate for a community titles scheme, however described, established under an Act—the occupants of lots in the scheme.Examples of body corporates for community title schemes—
•a body corporate under the Body Corporate and Community Management Act 1997•a community body corporate or a precinct body corporate under the Mixed Use Development Act 1993•the primary thoroughfare body corporate or the principal body corporate under the Sanctuary Cove Resort Act 1985
water service provider means an entity registered under chapter 2, part 3, as a service provider for a water service.
water source means any of the following—
(a)a watercourse or lake, including a dam or weir across the watercourse or lake;
(b)an aquifer;
(c)a dam or weir that is not located across a watercourse or lake;
(d)another source of water prescribed under a regulation.
water supply emergency see the Water Act, section 25A.
water supply emergency declaration means a declaration made under the Water Act, section 25B.
water supply emergency regulation see the Water Act, section 25F.
water supply emergency response see the Water Act, section 25C.
water supply incident, for chapter 5, part 5, division 3, see section 441.
weir—
(a)means a barrier constructed across a watercourse below the banks of the watercourse that hinders or obstructs the flow of water in the watercourse; and
(b)for the definition of water source—includes a barrier constructed across or within a lake that interferes with water in the lake.
withdrawn SEQ council means the Gold Coast City Council, Logan City Council or Redland City Council.
works—
(a)means—(i)operations of any kind and all things constructed, erected or installed for the purposes of this Act or the Water Act 2000; and(ii)any land used for the operations; and
(b)for chapter 4, part 5—includes building work, and operational work, within the meaning of the Planning Act 2016.
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0