Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
South East Queensland Water
(Restructuring) Bill 2007
Queensland
South East Queensland Water
(Restructuring) Bill 2007
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Extraterritorial application of Act. . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Chapter 2 New water entities
Part 1 Establishment, powers and functions
6 Establishment of new water entities . . . . . . . . . . . . . . . . . . . . . . . 9
7 Powers of new water entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Functions of new water entities other than the water grid
manager ...................................... 10
10 Functions of the water grid manager . . . . . . . . . . . . . . . . . . . . . . 12
11 Functions to be carried out commercially. . . . . . . . . . . . . . . . . . . 12
12 Powers and functions in or out of Queensland . . . . . . . . . . . . . . . 12
13 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Boards
Division 1 Establishment, membership and related matters
14 Establishment and status of boards . . . . . . . . . . . . . . . . . . . . . . . 13
15 Role of boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Terms and ending of appointments . . . . . . . . . . . . . . . . . . . . . . . 15
2
South East Queensland Water (Restructuring)
Bill 2007
Division 2 Business
20 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
25 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
26 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 3 Senior employees
Division 1 Chief executive officer
27 Appointment of chief executive officer . . . . . . . . . . . . . . . . . . . . . 18
28 Term of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
31 Chief executive officer's responsibilities . . . . . . . . . . . . . . . . . . . . 20
32 Things done by chief executive officer . . . . . . . . . . . . . . . . . . . . . 20
Division 2 Senior executives
33 Appointment of senior executives. . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 4 Reporting and accountability
Division 1 Application of other Acts
34 Application of financial Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Application of Crime and Misconduct Act 2001 . . . . . . . . . . . . . . 21
Division 2 Reporting generally
36 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Board to keep responsible Ministers informed . . . . . . . . . . . . . . . 22
38 Reporting to department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39 Other reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3 Annual reports
40 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
41 Deletion of commercially sensitive matters from annual report . . 23
42 Annual report may include a summary of a matter. . . . . . . . . . . . 23
43 Matters to be included in annual report . . . . . . . . . . . . . . . . . . . . 24
Division 4 Strategic and operational plans
44 Interaction with the FAA Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
45 Draft strategic and operational plans . . . . . . . . . . . . . . . . . . . . . . 24
46 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
3
South East Queensland Water (Restructuring)
Bill 2007
47 Strategic or operational plan pending agreement. . . . . . . . . . . . . 25
48 Strategic or operational plan on agreement . . . . . . . . . . . . . . . . . 25
49 Compliance with strategic and operational plans . . . . . . . . . . . . . 26
50 Modifications of strategic or operational plan . . . . . . . . . . . . . . . . 26
51 Content of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 5 Annual returns
52 Non-application to water grid manager . . . . . . . . . . . . . . . . . . . . 27
53 Requirement to pay annual return . . . . . . . . . . . . . . . . . . . . . . . . 27
54 Amount of annual return. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 6 Community service obligations
55 Non-application to water grid manager . . . . . . . . . . . . . . . . . . . . 28
56 Meaning of community service obligations. . . . . . . . . . . . . . . . . . 28
57 Community service obligations to be stated in operational plan . 28
Part 7 Acquisition and disposal of assets and subsidiaries
58 Direction not to dispose of stated asset . . . . . . . . . . . . . . . . . . . . 29
59 Disposal of main undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
60 Acquiring and disposing of subsidiaries . . . . . . . . . . . . . . . . . . . . 30
Part 8 Other government direction
61 Responsible Ministers may give directions in public interest . . . . 30
62 Liability for Commonwealth tax equivalents . . . . . . . . . . . . . . . . . 31
63 New water entity and board not otherwise subject to
government direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 9 Expiry
64 Expiry of new water entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Chapter 3 The project
Part 1 Preliminary
65 Water entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
66 The project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 2 Particular Ministerial powers
67 Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
68 Project direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Part 3 Matters relating to the Water Act
Division 1 Preliminary
69 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
70 Words have meanings given by the Water Act . . . . . . . . . . . . . . . 38
4
South East Queensland Water (Restructuring)
Bill 2007
Division 2 Matters relating to new water entities
71 Non-application to water grid manager . . . . . . . . . . . . . . . . . . . . 39
72 New water entities are service providers . . . . . . . . . . . . . . . . . . . 39
73 Entry into service provider register. . . . . . . . . . . . . . . . . . . . . . . . 39
74 Submission of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
75 Application of pricing direction . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 3 Matters relating to water entities
76 Automatic transfer of instruments relating to transferred works . . 40
77 References to SEQ Water relating to particular transferred
authority ....................................... 42
78 Transfer of infrastructure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Part 4 Application of other laws and instruments
79 Constructing authority for particular land acquired under the
Acquisition of Land Act 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
80 Matters relating to the Integrated Planning Act 1997 . . . . . . . . . . 43
81 Non-liability for State taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Part 5 Other matters
82 Time within which Minister may act . . . . . . . . . . . . . . . . . . . . . . . 44
83 Chapter applies despite other laws and instruments . . . . . . . . . . 44
84 Decisions not reviewable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
85 Effect on legal relationships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
86 Excluded matter for Corporations Act . . . . . . . . . . . . . . . . . . . . . 46
87 Disclosure and use of information for the project . . . . . . . . . . . . . 46
88 Registering authority to register or record transfer . . . . . . . . . . . . 47
89 Entry to, and use of, water entity's land after transfer of asset
attached to the land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
90 Preservation of rights of transferred employees . . . . . . . . . . . . . . 49
91 Prohibition on retrenchment because of project. . . . . . . . . . . . . . 52
Chapter 4 Other matters
Part 1 Miscellaneous
92 Staff support framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
93 Things done by, or given to, responsible Ministers . . . . . . . . . . . . 53
94 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
95 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
96 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 2 Transitional provisions
97 Appointment of first chief executive officer . . . . . . . . . . . . . . . . . . 54
5
South East Queensland Water (Restructuring)
Bill 2007
98 Appointment of board members . . . . . . . . . . . . . . . . . . . . . . . . . . 54
99 New water entity's first strategic and operational plans . . . . . . . . 55
100 New water entity's first quarterly plan. . . . . . . . . . . . . . . . . . . . . . 56
101 New water entity's first plans under FAA Act . . . . . . . . . . . . . . . . 56
102 Annual return for a new water entity's first financial year . . . . . . . 56
103 Amendment of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 3 Amendments
Division 1 Amendment of Superannuation (State Public Sector) Act
1990
104 Act amended in div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
105 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . 57
106 Amendment of s 3 (Establishment of board) . . . . . . . . . . . . . . . . 57
107 Amendment of s 6F (Delegation by board) . . . . . . . . . . . . . . . . . 57
108 Amendment of s 11 (Investment of fund) . . . . . . . . . . . . . . . . . . . 57
109 Omission of s 11A (Investment of defined benefit assets) . . . . . . 58
110 Amendment of s 31A (Transfer of employees) . . . . . . . . . . . . . . . 58
111 Amendment of s 43 (QIC continues as investment manager) . . . 58
Division 2 Amendment of State Development and Public Works
Organisation Act 1971
112 Act amended in div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
113 Insertion of new s 153J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
153J Delegation of Minister's functions under div 8 . . . . . . 59
Division 3 Amendment of Transport Infrastructure Act 1994
114 Act amended in div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
115 Insertion of new s 85B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
85B Application of Queensland Heritage Act 1992 for
development for a franchised road . . . . . . . . . . . . . . . 59
116 Insertion of new s 93A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
93A Application of Queensland Heritage Act 1992 for
development for a toll road . . . . . . . . . . . . . . . . . . . . . 60
Division 4 Amendment of other laws
117 Laws amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Schedule 1 Local governments that are water entities . . . . . . . . . . . . . . . 61
Schedule 2 Amendment of other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . 63
Statutory Bodies Financial Arrangements Regulation 2007. . . . . 63
6
South East Queensland Water (Restructuring)
Bill 2007
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Water Regulation 2002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
2007
A Bill
for
An Act to facilitate a restructure of the water industry in south
east Queensland, and for other purposes
s1 8 s4
South East Queensland Water (Restructuring)
Bill 2007
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the South East Queensland Water 4
(Restructuring) Act 2007. 5
2 Commencement 6
The following provisions of this Act commence on a day to be 7
fixed by proclamation-- 8
· section 6(1)(c) and (d) 9
· schedule 2, amendment of the Queensland Competition 10
Authority Act 1997. 11
3 Purpose 12
The purpose of this Act is to facilitate a restructure of the 13
water industry in south east Queensland to deliver significant 14
benefits to the community, including-- 15
(a) improved regional coordination and management of 16
water supply; and 17
(b) more efficient delivery of water services; and 18
(c) enhanced customer service for water consumers; and 19
(d) a clearer accountability framework for water supply 20
security. 21
4 Extraterritorial application of Act 22
(1) This Act applies both within and outside Queensland. 23
(2) This Act applies outside Queensland to the full extent of the 24
extraterritorial legislative power of the Parliament. 25
s5 9 s7
South East Queensland Water (Restructuring)
Bill 2007
5 Dictionary 1
The dictionary in schedule 3 defines particular words used in 2
this Act. 3
Chapter 2 New water entities 4
Part 1 Establishment, powers and 5
functions 6
6 Establishment of new water entities 7
(1) The following entities (the new water entities) are 8
established-- 9
(a) the Queensland Bulk Water Supply Authority; 10
(b) the Queensland Bulk Water Transport Authority; 11
(c) the Queensland Manufactured Water Authority; 12
(d) the SEQ Water Grid Manager. 13
(2) A new water entity is not a body corporate. 14
Note-- 15
A new water entity does not have perpetual succession. See section 64. 16
(3) A new water entity does not represent the State. 17
7 Powers of new water entities 18
(1) A new water entity has all the powers of an individual and 19
may, for example-- 20
(a) enter into contracts; and 21
(b) acquire, hold, dispose of, and deal with property; and 22
(c) employ staff; and 23
(d) appoint agents and attorneys; and 24
s8 10 s9
South East Queensland Water (Restructuring)
Bill 2007
(e) engage consultants; and 1
(f) fix charges, and other terms, for services and other 2
facilities it supplies; and 3
(g) do anything else necessary or convenient to be done for 4
its functions. 5
(2) Without limiting subsection (1), a new water entity has the 6
powers given to it under an Act. 7
(3) However, a new water entity's powers are subject to any 8
limitations under an Act. 9
(4) A new water entity may sue and be sued in the name it is 10
given under section 6(1). 11
8 Authentication of documents 12
(1) A document made by a new water entity, other than a 13
document required to be sealed, is sufficiently made if it is 14
signed by the entity's chief executive officer, the chairperson 15
of the entity's board or another person authorised by the 16
entity's board. 17
Example of a document-- 18
an instrument under section 13 delegating a function of the entity 19
(2) A document made by a new water entity that is required to be 20
sealed is sufficiently made if it is sealed in the way authorised 21
by its board and signed by the entity's chief executive officer, 22
the chairperson of the entity's board or another person 23
authorised by the entity's board. 24
9 Functions of new water entities other than the water grid 25
manager 26
(1) This section applies to a new water entity other than the water 27
grid manager. 28
(2) A new water entity has the following functions to the extent 29
they are consistent with its operational and strategic plans-- 30
(a) carrying out water activities and other ancillary 31
activities; 32
s9 11 s9
South East Queensland Water (Restructuring)
Bill 2007
(b) supplying water services and other ancillary services; 1
Example of an ancillary service-- 2
delivering a community education program relating to the 3
entity's functions 4
(c) supplying other services relating to the water industry, 5
including-- 6
(i) engineering services; and 7
(ii) services for operating or maintaining 8
infrastructure; and 9
(iii) business management services; and 10
Example-- 11
services for managing government or business initiatives 12
to save water 13
(iv) energy generation; and 14
(v) scientific services; 15
(d) developing water supply works; 16
(e) improving the supply, delivery and quality of water, 17
including by way of-- 18
(i) riverine area protection; and 19
(ii) soil erosion control; and 20
(iii) land degradation treatment and prevention; and 21
(iv) nutrient management; and 22
(v) vegetation management; 23
(f) using or managing the entity's land in ways that benefit 24
the community, including for recreational purposes; 25
(g) anything else likely to complement or enhance a 26
function mentioned in paragraphs (a) to (f); 27
(h) another function conferred under an Act. 28
s 10 12 s 13
South East Queensland Water (Restructuring)
Bill 2007
10 Functions of the water grid manager 1
The water grid manager has the following functions to the 2
extent they are consistent with its operational and strategic 3
plans-- 4
(a) purchasing water services; 5
(b) selling water; 6
(c) anything else likely to complement or enhance a 7
function mentioned in paragraph (a) or (b); 8
(d) another function conferred under an Act. 9
11 Functions to be carried out commercially 10
(1) The water grid manager must, as far as practicable, carry out 11
its functions in a way that is consistent with sound 12
commercial principles. 13
(2) A water entity other than the water grid manager must carry 14
out its functions as a commercial enterprise. 15
(3) Subsection (2) does not apply to a water entity to the extent it 16
is required under this Act to perform a community service 17
obligation other than as a commercial enterprise. 18
12 Powers and functions in or out of Queensland 19
A new water entity may exercise its powers and perform its 20
functions inside or outside Queensland. 21
13 Delegation 22
(1) A new water entity may delegate a function to the chief 23
executive officer of the entity or an appropriately qualified 24
employee of the entity. 25
(2) In this section-- 26
appropriately qualified includes having qualifications, 27
experience or standing appropriate for the function. 28
function includes power. 29
s 14 13 s 16
South East Queensland Water (Restructuring)
Bill 2007
Part 2 Boards 1
Division 1 Establishment, membership and 2
related matters 3
14 Establishment and status of boards 4
(1) Each new water entity must have a board. 5
(2) However, a new water entity is not constituted by the 6
members of its board. 7
15 Role of boards 8
(1) A new water entity's board is responsible for the way the 9
entity performs its functions and exercises its powers. 10
(2) The board's role includes-- 11
(a) deciding the strategies and the operational, 12
administrative and financial policies to be followed by 13
the entity; and 14
(b) ensuring the entity performs its functions and exercises 15
its powers in a proper, effective and efficient way; and 16
(c) ensuring that, so far as practicable, the entity acts under, 17
and achieves the objects in, its strategic and operational 18
plans; and 19
(d) accounting to the responsible Ministers, as required by 20
an Act, for the entity's performance; and 21
(e) reviewing annually the performance of the entity's chief 22
executive officer. 23
16 Appointment of members 24
(1) A board is to consist of not less than 2 members, and not more 25
than 5 members, appointed by the responsible Ministers. 26
(2) In deciding whether to appoint a person as a member, the 27
responsible Ministers must have regard to the person's ability 28
s 17 14 s 18
South East Queensland Water (Restructuring)
Bill 2007
to contribute to the implementation of the entity's strategic 1
and operational plans. 2
(3) A person may not be appointed as a member if the person-- 3
(a) is a public service employee; or 4
(b) is a councillor or employee of a local government; or 5
(c) is a member of the Queensland Water Commission; or 6
(d) is an insolvent under administration; or 7
(e) has a conviction, other than a spent conviction, for an 8
indictable offence. 9
(4) Subject to section 19, a member holds office for the term, not 10
more than 3 years, stated in the member's appointment. 11
(5) If otherwise qualified, a member is eligible for reappointment. 12
17 Chairperson 13
(1) For each board, the responsible Ministers must appoint 1 of 14
the members as its chairperson. 15
(2) Subject to section 19, the chairperson holds office for the 16
term, ending not later than his or her term of appointment as a 17
member, stated in his or her appointment as chairperson. 18
18 Deputy chairperson 19
(1) For each board, the responsible Ministers may appoint 1 of 20
the members as its deputy chairperson. 21
(2) Subject to section 19, the deputy chairperson holds office for 22
the term, ending not later than his or her term of appointment 23
as a member, stated in his or her appointment as deputy 24
chairperson. 25
(3) The deputy chairperson is to act as chairperson-- 26
(a) during a vacancy in the office of chairperson; and 27
(b) during all periods when the chairperson is absent from 28
duty or is, for another reason, unable to perform the 29
functions of the office. 30
s 19 15 s 20
South East Queensland Water (Restructuring)
Bill 2007
19 Terms and ending of appointments 1
(1) This section applies to a person's appointment to the office of 2
member of a board or chairperson or deputy chairperson of a 3
board. 4
(2) For matters not provided for under this Act, the person holds 5
the office on the terms of appointment decided by the 6
responsible Ministers. 7
(3) Except as decided by the responsible Ministers, the person is 8
not entitled to receive any payment, any interest in property or 9
other valuable consideration or benefit-- 10
(a) by way of remuneration as holder of the office; or 11
(b) in connection with retirement from the office or other 12
ending of the office. 13
(4) The responsible Ministers may, at any time, end the 14
appointment for any reason or none. 15
(5) The person may resign the office by giving a signed notice of 16
resignation to the responsible Ministers at least the required 17
period before the notice is to take effect. 18
(6) The appointment ends if the person becomes someone who, 19
under section 16(3), may not be appointed as a member. 20
(7) A person's appointment as member of a board does not end 21
only because the person's appointment as chairperson or 22
deputy chairperson of the board has ended. 23
(8) In this section-- 24
required period means the period stated in the appointment or 25
otherwise agreed with the responsible Ministers. 26
Division 2 Business 27
20 Conduct of business 28
Subject to this division, a board may conduct its business, 29
including its meetings, in the way it considers appropriate. 30
s 21 16 s 24
South East Queensland Water (Restructuring)
Bill 2007
21 Time and place of meetings 1
(1) Board meetings are to be held at the times and places the 2
board decides. 3
(2) A board must meet at least once every 3 months. 4
(3) The chairperson of a board may, at any time, call a meeting of 5
the board. 6
(4) The chairperson of a board must call a meeting of the board if 7
asked, in writing, to do so by at least 2 members of the board. 8
22 Quorum 9
A quorum for a board is-- 10
(a) for a board with 2 members--both members; or 11
(b) for a board with 3 or more members--3 members. 12
23 Presiding at meetings 13
(1) The chairperson of a board is to preside at all meetings of the 14
board at which the chairperson is present. 15
(2) If the chairperson is absent from a board meeting and the 16
deputy chairperson is present, the deputy chairperson is to 17
preside. 18
(3) If the chairperson and deputy chairperson are both absent 19
from a board meeting (including because of a vacancy in the 20
office), a member chosen by the members present is to preside 21
at the meeting. 22
24 Conduct of meetings 23
(1) A question at a board meeting is decided by a majority of the 24
votes of the members present. 25
(2) Each member present at the meeting has a vote on each 26
question to be decided and, if the votes are equal, the member 27
presiding also has a casting vote. 28
(3) A member present at the meeting who abstains from voting is 29
taken to have voted for the negative. 30
s 25 17 s 26
South East Queensland Water (Restructuring)
Bill 2007
(4) A board may hold meetings, or allow members to take part in 1
its meetings, by using any technology that reasonably allows 2
members to hear and take part in discussions as they happen. 3
Example of use of technology-- 4
teleconferencing 5
(5) A member who takes part in a meeting under subsection (4) is 6
taken to be present at the meeting. 7
(6) A resolution is validly made by a board, even if it is not 8
passed at a board meeting, if-- 9
(a) notice of the resolution is given under procedures 10
approved by the board; and 11
(b) a majority of the board members give written agreement 12
to the resolution. 13
25 Minutes 14
(1) A board must keep minutes of its meetings. 15
(2) A board must keep a record of any resolutions made under 16
section 24(6). 17
26 Disclosure of interests 18
(1) This section applies to a member of a board (the interested 19
member) if-- 20
(a) the interested member has a direct or indirect interest in 21
an issue being considered, or about to be considered, by 22
the board; and 23
(b) the interest could conflict with the proper performance 24
of the interested member's duties about the 25
consideration of the issue. 26
(2) After the relevant facts come to the interested member's 27
knowledge, the member must disclose the nature of the 28
interest to a board meeting. 29
(3) Unless the board otherwise directs, the interested member 30
must not-- 31
(a) be present when the board considers the issue; or 32
s 27 18 s 27
South East Queensland Water (Restructuring)
Bill 2007
(b) take part in a decision of the board about the issue. 1
(4) The interested member must not be present when the board is 2
considering whether to give a direction under subsection (3). 3
(5) If there is another person who must, under subsection (2), also 4
disclose an interest in the issue, the other person must not-- 5
(a) be present when the board is considering whether to 6
give a direction under subsection (3) about the interested 7
member; or 8
(b) take part in making the decision about giving the 9
direction. 10
(6) If-- 11
(a) because of this section, a board member is not present at 12
a board meeting for considering or deciding an issue, or 13
for considering or deciding whether to give a direction 14
under subsection (3); and 15
(b) there would be a quorum if the member were present; 16
the remaining members present are a quorum of the board for 17
considering or deciding the issue, or for considering or 18
deciding whether to give the direction, at the meeting. 19
(7) A disclosure under subsection (2) must be recorded in the 20
board's minutes. 21
Part 3 Senior employees 22
Division 1 Chief executive officer 23
27 Appointment of chief executive officer 24
(1) Each new water entity must have a chief executive officer. 25
s 28 19 s 30
South East Queensland Water (Restructuring)
Bill 2007
(2) The chief executive officer is to be appointed by the entity's 1
board with the prior written approval of the responsible 2
Ministers. 3
(3) The chief executive officer is an employee of the entity. 4
28 Term of appointment 5
(1) Subject to this section, the chief executive officer holds office 6
for the term, not more than 5 years, stated in his or her 7
contract of employment. 8
(2) If otherwise qualified, the chief executive officer is eligible for 9
reappointment. 10
(3) The board may, at any time, end the appointment for any 11
reason or none. 12
(4) The ending of the appointment under subsection (3) does not 13
affect any rights to compensation to which the chief executive 14
officer is entitled under the contract of employment. 15
(5) The chief executive officer may resign by giving a signed 16
notice of resignation to the board at least the required period 17
before the notice is to take effect. 18
(6) The chief executive officer's appointment ends if he or she 19
stops being qualified to be the chief executive officer. 20
(7) In this section-- 21
required period means the period stated in the chief 22
executive's contract of employment or otherwise agreed with 23
the board. 24
29 Conditions of appointment 25
For matters not provided for under this Act or stated in the 26
contract of employment, the chief executive officer holds 27
office on the terms of appointment decided by the board. 28
30 Qualifications for appointment 29
A person may not be appointed, or continue in office, as the 30
chief executive officer if the person-- 31
s 31 20 s 33
South East Queensland Water (Restructuring)
Bill 2007
(a) is an insolvent under administration; or 1
(b) has a conviction, other than a spent conviction, for an 2
indictable offence; or 3
(c) is not able to manage a corporation because of the 4
Corporations Act, part 2D.6; or 5
(d) is named in the register held by ASIC under the 6
Corporations Act, section 1274AA. 7
31 Chief executive officer's responsibilities 8
The chief executive officer of a new water entity is, under the 9
entity's board, responsible for managing the entity's affairs 10
under this Act and other relevant legislation and the board's 11
policies. 12
32 Things done by chief executive officer 13
Anything done in the name of, or for, a new water entity by its 14
chief executive officer is taken to have been done by the entity. 15
Division 2 Senior executives 16
33 Appointment of senior executives 17
The senior executives of a new water entity are to be 18
appointed by its board with the prior written approval of the 19
responsible Ministers. 20
s 34 21 s 36
South East Queensland Water (Restructuring)
Bill 2007
Part 4 Reporting and accountability 1
Division 1 Application of other Acts 2
34 Application of financial Acts 3
(1) A new water entity is-- 4
(a) a statutory body under the FAA Act; and 5
(b) a statutory body under the Statutory Bodies Financial 6
Arrangements Act 1982. 7
(2) The Statutory Bodies Financial Arrangements Act 1982, part 8
2B, sets out the way in which a new water entity's powers 9
under this Act are affected by the Statutory Bodies Financial 10
Arrangements Act 1982. 11
35 Application of Crime and Misconduct Act 2001 12
A new water entity is a unit of public administration under the 13
Crime and Misconduct Act 2001. 14
Division 2 Reporting generally 15
36 Quarterly reports 16
(1) A new water entity's board must give the responsible 17
Ministers a report on the entity's operations for each quarter in 18
a financial year. 19
(2) A quarterly report must be given to the responsible 20
Ministers-- 21
(a) within 6 weeks after the end of the quarter; or 22
(b) if another period after the end of the quarter is agreed 23
between the board and the responsible 24
Ministers--within the agreed period. 25
(3) A quarterly report must contain the information required to be 26
given in the report under the entity's operational plan. 27
s 37 22 s 38
South East Queensland Water (Restructuring)
Bill 2007
(4) In this section-- 1
quarter, in a financial year, means the following periods in the 2
year-- 3
(a) 1 July to 30 September; 4
(b) 1 October to 31 December; 5
(c) 1 January to 31 March; 6
(d) 1 April to 30 June. 7
37 Board to keep responsible Ministers informed 8
A new water entity's board must-- 9
(a) keep the responsible Ministers reasonably informed of 10
the entity's operations, financial performance and 11
financial position and its achievement of the objectives 12
in its strategic and operational plans; and 13
(b) give to the responsible Ministers reports and 14
information that they need to enable them to make 15
informed assessments of matters mentioned in 16
paragraph (a); and 17
(c) immediately inform the relevant Ministers of any 18
matters that arise that, in the board's opinion, may-- 19
(i) prevent, or significantly affect, achievement of the 20
objectives in the entity's strategic and operational 21
plans; or 22
(ii) significantly affect the entity's performance in 23
delivering the outputs under its operational plan. 24
38 Reporting to department 25
(1) The responsible Ministers may act under this section for the 26
purpose of monitoring, assessing or reporting on a new water 27
entity's performance of its functions. 28
(2) The responsible Ministers may require the entity or its board 29
to report to a department administered by a responsible 30
s 39 23 s 42
South East Queensland Water (Restructuring)
Bill 2007
Minister by, for example, giving stated information at stated 1
times to the chief executive of that department. 2
(3) The entity or board must comply with the requirement. 3
39 Other reporting requirements 4
Sections 37 and 38 do not limit the matters of which the board 5
is required to keep the responsible Ministers informed, or 6
limit the reports or information that the board is required, or 7
may be required, to give under another Act. 8
Division 3 Annual reports 9
40 Definition for div 3 10
In this division-- 11
annual report, of a new water entity, means its annual report 12
under the FAA Act. 13
41 Deletion of commercially sensitive matters from annual 14
report 15
(1) This section applies if a new water entity's board asks the 16
responsible Ministers to delete from the copies of an annual 17
report of the entity (and accompanying documents) that are to 18
be made public a matter that is of a commercially sensitive 19
nature. 20
(2) The responsible Ministers may delete the matter from the 21
copies of the annual report (and accompanying documents) 22
that are laid before the Legislative Assembly or otherwise 23
made public. 24
42 Annual report may include a summary of a matter 25
An annual report of a new water entity may include a 26
summary of a matter required to be included in the annual 27
report, rather than a full statement of the matter, if-- 28
(a) the summary indicates that is a summary only; and 29
s 43 24 s 46
South East Queensland Water (Restructuring)
Bill 2007
(b) a full statement of the matter is laid before the 1
Legislative Assembly at the same time as a copy of the 2
annual report is laid before the Legislative Assembly. 3
43 Matters to be included in annual report 4
A new water entity's annual report for a financial year must 5
include copies of all directions given to the entity by the 6
responsible Ministers under this chapter during the financial 7
year. 8
Division 4 Strategic and operational plans 9
44 Interaction with the FAA Act 10
(1) If something is required to be done under this division and the 11
same thing, or something to the same effect, is required to be 12
done under the FAA Act, compliance with this division is 13
sufficient compliance with the FAA Act. 14
(2) Otherwise, the requirements under this division are in addition 15
to the requirements under the FAA Act. 16
(3) If there is an inconsistency between this division and the FAA 17
Act, this division prevails to the extent of the inconsistency. 18
45 Draft strategic and operational plans 19
(1) Before 31 March each year, a new water entity's board must 20
prepare, and submit to the responsible Ministers for their 21
agreement, a draft strategic plan and a draft operational plan 22
for the entity for the next financial year. 23
(2) The board and the responsible Ministers must try to reach 24
agreement on the draft plans as soon as possible and, in any 25
event, not later than the start of the financial year. 26
46 Procedures 27
(1) The responsible Ministers may return the draft strategic or 28
operational plan to the board and ask the board-- 29
s 47 25 s 48
South East Queensland Water (Restructuring)
Bill 2007
(a) to consider, or further consider, a stated thing and deal 1
with the thing in the draft plan; and 2
(b) to revise the draft plan in the light of its consideration or 3
further consideration. 4
(2) The board must comply with the request as a matter of 5
urgency. 6
(3) If the draft plan has not been agreed to by the responsible 7
Ministers by 1 month before the start of the financial year, the 8
responsible Ministers may, by written notice, direct the 9
board-- 10
(a) to take stated steps in relation to the draft plan; or 11
(b) to make stated modifications of the draft plan. 12
(4) The board must immediately comply with the direction and 13
include a copy of the direction in the plan. 14
47 Strategic or operational plan pending agreement 15
(1) This section applies if the responsible Ministers and the board 16
have not agreed to the draft strategic or operational plan 17
before the start of the relevant financial year. 18
(2) The draft plan submitted, or last submitted, by the board to the 19
responsible Ministers before the start of the financial year, 20
with any modifications made by the board, whether before or 21
after that time, at the direction of the responsible Ministers, is 22
taken to be the entity's strategic or operational plan. 23
(3) Subsection (2) applies until a draft strategic or operational 24
plan becomes the entity's strategic or operational plan under 25
section 48. 26
48 Strategic or operational plan on agreement 27
When the draft strategic or operational plan has been agreed 28
to in writing by the responsible Ministers, it becomes the 29
entity's strategic or operational plan for the relevant financial 30
year. 31
s 49 26 s 51
South East Queensland Water (Restructuring)
Bill 2007
49 Compliance with strategic and operational plans 1
A new water entity must comply with its strategic and 2
operational plans for a financial year. 3
50 Modifications of strategic or operational plan 4
(1) The board of a new water entity may modify the entity's 5
strategic or operational plan only with the written agreement 6
of the responsible Ministers. 7
(2) The responsible Ministers may, by written notice, direct the 8
board of a new water entity to modify the entity's strategic or 9
operational plan. 10
51 Content of operational plan 11
A new water entity's operational plan for a financial year must 12
include-- 13
(a) the entity's objectives; and 14
(b) the entity's capital structure; and 15
(c) an outline of the following matters-- 16
(i) the nature and scope of the activities proposed to 17
be undertaken by the entity during the financial 18
year; 19
(ii) the entity's main undertakings for the financial 20
year; 21
(iii) an outline of the borrowings made or proposed to 22
be made by the entity; 23
(iv) an outline of the entity's policies for minimising or 24
managing any risk of investments and borrowings 25
that may adversely affect its financial stability; and 26
(d) for a new water entity other than the water grid manager, 27
an outline of the following matters-- 28
(i) the major infrastructure investments proposed to be 29
undertaken by the entity during the financial year; 30
s 52 27 s 54
South East Queensland Water (Restructuring)
Bill 2007
(ii) an outline of the entity's policies relating to the 1
recreational use of the entity's premises and other 2
infrastructure; and 3
(e) the matters required under section 57. 4
Part 5 Annual returns 5
52 Non-application to water grid manager 6
This part does not apply to the water grid manager. 7
53 Requirement to pay annual return 8
(1) A new water entity must pay to the State, for each financial 9
year, an annual return of the amount decided under this part. 10
(2) The return must be paid within 6 months after the end of the 11
financial year for which it is payable or a longer period 12
allowed by the responsible Ministers. 13
54 Amount of annual return 14
(1) During the period from 1 to 15 May in each financial year a 15
new water entity must give to the responsible Ministers-- 16
(a) an estimate of the entity's net profit for the financial 17
year; and 18
(b) a recommendation about the amount of the annual 19
return to be paid for the financial year. 20
(2) Before the end of the financial year, the responsible Ministers 21
must either approve the recommendation or give the entity a 22
direction to pay an annual return of a different stated amount. 23
(3) The amount of the annual return must not be more than the 24
amount of the estimated net profit given to the responsible 25
Ministers under subsection (1)(a). 26
(4) In this section-- 27
s 55 28 s 57
South East Queensland Water (Restructuring)
Bill 2007
net profit, of a new water entity for a financial year, means the 1
entity's total profit for the financial year after-- 2
(a) providing for income tax or its equivalent; and 3
(b) excluding any unrealised capital gains from upwards 4
revaluation of non-current assets. 5
profit has the meaning given by the accounting standards that 6
apply to the entity under the FAA Act. 7
Part 6 Community service obligations 8
55 Non-application to water grid manager 9
This part does not apply to the water grid manager. 10
56 Meaning of community service obligations 11
The community service obligations of a new water entity are 12
the obligations to perform activities that the entity's board 13
establishes to the satisfaction of the responsible Ministers-- 14
(a) are not in the entity's commercial interests to perform; 15
and 16
(b) arise because of a request or direction under section 461 17
or a direction under section 50, 58 or 61.2 18
57 Community service obligations to be stated in 19
operational plan 20
(1) The community service obligations that a new water entity is 21
to perform are to be stated in its operational plan. 22
1 Section 46 (Procedures)
2 Section 50 (Modifications of strategic or operational plan), 58 (Direction not to
dispose of stated asset) or 61 (Responsible Ministers may give directions in public
interest)
s 58 29 s 59
South East Queensland Water (Restructuring)
Bill 2007
(2) The costings of, funding for, or other arrangements to make 1
adjustments relating to, a new water entity's community 2
service obligations are also to be stated in its operational plan. 3
(3) A new water entity's operational plan is conclusive, as 4
between the government and the entity, of-- 5
(a) the nature and extent of the entity's community service 6
obligations; and 7
(b) the ways in which, and the extent to which, the entity is 8
to be compensated by the government for performing its 9
community service obligations. 10
Part 7 Acquisition and disposal of 11
assets and subsidiaries 12
58 Direction not to dispose of stated asset 13
(1) The responsible Ministers may, after consultation with a new 14
water entity's board, give the board a written direction 15
requiring the entity or a subsidiary of the entity not to dispose 16
of a stated asset. 17
(2) The board must ensure the direction is complied with in 18
relation to the entity and must, as far as practicable, ensure it 19
is complied with in relation to any relevant subsidiary. 20
(3) The responsible Ministers must publish a copy of the direction 21
in the gazette within 21 days after it is given. 22
59 Disposal of main undertakings 23
(1) A new water entity may dispose of any of its main 24
undertakings only with the prior written approval of the 25
responsible Ministers. 26
(2) In this section-- 27
s 60 30 s 61
South East Queensland Water (Restructuring)
Bill 2007
main undertakings, of a new water entity, means the 1
undertakings stated to be its main undertakings in its strategic 2
or operational plan. 3
60 Acquiring and disposing of subsidiaries 4
A new water entity may not, without the prior written 5
approval of the responsible Ministers-- 6
(a) form, or participate in the formation of, a company that 7
will become a subsidiary of the entity; or 8
(b) acquire shares or participate in any other transaction that 9
will result in a body corporate becoming or ceasing to 10
be a subsidiary of the entity. 11
Part 8 Other government direction 12
61 Responsible Ministers may give directions in public 13
interest 14
(1) The responsible Ministers may give a new water entity's 15
board a written direction in relation to the entity and its 16
subsidiaries if the responsible Ministers are satisfied that, 17
because of exceptional circumstances, it is necessary to give 18
the direction in the public interest. 19
(2) The board must ensure the direction is complied with in 20
relation to the entity and must, as far as practicable, ensure it 21
is complied with in relation to its subsidiaries. 22
(3) Before giving the direction, the responsible Ministers must-- 23
(a) consult with the board; and 24
(b) for a new water entity other than the water grid manager, 25
ask the board to advise them whether, in its opinion, 26
complying with the direction would not be in the 27
commercial interests of the entity or any of its 28
subsidiaries. 29
s 62 31 s 62
South East Queensland Water (Restructuring)
Bill 2007
(4) The responsible Ministers must publish a copy of the direction 1
in the gazette within 21 days after it is given. 2
62 Liability for Commonwealth tax equivalents 3
(1) The responsible Ministers may issue a manual (the tax 4
equivalents manual) about deciding the tax equivalents to be 5
paid by a new water entity. 6
(2) Without limiting subsection (1), the tax equivalents manual 7
may provide for-- 8
(a) rulings by the tax assessor appointed under subsection 9
(3) on issues about tax equivalents, including the 10
application of rulings under a Commonwealth Act about 11
Commonwealth tax; and 12
(b) the lodging of returns by new water entities; and 13
(c) assessing returns; and 14
(d) the functions and powers of the tax assessor appointed 15
under subsection (3); and 16
(e) objections and appeals against assessments and rulings. 17
(3) The responsible Ministers may appoint a person to be the tax 18
assessor under the tax equivalents manual. 19
(4) A new water entity must, as required under the tax equivalents 20
manual, pay tax equivalents to the responsible Ministers for 21
payment into the consolidated fund. 22
(5) The responsible Ministers must table a copy of the tax 23
equivalents manual, and each amendment of the manual, in 24
the Legislative Assembly within 14 sitting days after the 25
manual is issued or the amendment made. 26
(6) In this section-- 27
Commonwealth tax means tax imposed under a 28
Commonwealth Act. 29
tax equivalents means amounts paid by a new water entity to 30
the responsible Ministers, for payment into the consolidated 31
fund, as the value of benefits derived by the entity because it is 32
not liable to pay Commonwealth tax that would be payable by 33
it if it were not a new water entity. 34
s 63 32 s 64
South East Queensland Water (Restructuring)
Bill 2007
63 New water entity and board not otherwise subject to 1
government direction 2
Except as otherwise provided by an Act, a new water entity 3
and its board are not subject to direction by or on behalf of the 4
government. 5
Part 9 Expiry 6
64 Expiry of new water entities 7
(1) A new water entity expires at the end of 99 years after it is 8
established. 9
(2) The State is the successor in law of a new water entity that has 10
expired. 11
(3) Without limiting subsection (2), on the expiry of a new water 12
entity-- 13
(a) an asset or liability of the entity immediately before the 14
expiry becomes an asset or liability of the State; and 15
(b) an employee of the entity immediately before the expiry 16
becomes an employee of the State; and 17
(c) an agreement in force immediately before the expiry 18
between the entity and another entity becomes an 19
agreement between the State and the other entity; and 20
(d) a legal proceeding that, before the expiry, may be taken 21
or was being taken by or against the entity may be taken 22
or continued by or against the State. 23
(4) A regulation may make provision about any matter necessary 24
or convenient for giving effect to this section, including 25
provision about-- 26
(a) the transfer of an employee of the entity to a government 27
entity, and the employee's rights; or 28
(b) the application of instruments relating to the entity; or 29
(c) the entity's records. 30
s 65 33 s 65
South East Queensland Water (Restructuring)
Bill 2007
(5) In this section-- 1
record includes any document. 2
Chapter 3 The project 3
Part 1 Preliminary 4
65 Water entities 5
(1) Each of the following entities is a water entity-- 6
(a) a new water entity; 7
(b) each local government that is a water entity under 8
subsection (3); 9
(c) Queensland Water Infrastructure Pty Ltd (ACN 119 634 10
427); 11
(d) South East Queensland (Gold Coast) Desalination 12
Company Ltd (ACN 122 413 316); 13
(e) South East Queensland Water Corporation Ltd (ACN 14
088 729 766); 15
(f) Southern Regional Water Pipeline Company Pty Ltd 16
(ACN 117 898 174); 17
(g) SunWater; 18
(h) Western Corridor Recycled Water Pty Ltd (ACN 124 19
226 777); 20
(i) an entity prescribed under a regulation for this section. 21
(2) A regulation under subsection (1)(i) may only prescribe-- 22
(a) an entity established under an Act; or 23
(b) a corporation ultimately owned by another water entity 24
or the State. 25
s 66 34 s 66
South East Queensland Water (Restructuring)
Bill 2007
(3) The following provisions apply in relation to the local 1
governments mentioned in schedule 1-- 2
(a) if the same local government is mentioned in column 1 3
and column 2, that local government is a water entity; 4
(b) a joint local government mentioned in column 1 is a 5
water entity until it ceases to exist; 6
(c) otherwise-- 7
(i) a local government mentioned in column 2 is a 8
water entity from its changeover day; and 9
(ii) until the changeover day for a local government 10
mentioned in column 2, each local government 11
mentioned opposite in column 1 is a water entity. 12
(4) In this section-- 13
changeover day, for a local government, means the 14
changeover day under the Local Government Act 1993, 15
section 159YE for the local government's area. 16
66 The project 17
The project is the taking of steps, for the purpose of this 18
Act-- 19
(a) to establish new water entities; and 20
(b) to facilitate transfers, from water entities to new water 21
entities, of particular assets and liabilities, instruments 22
and employees; and 23
(c) to preserve the entitlements of transferred employees; 24
and 25
(d) for other matters relating to the matters mentioned in 26
paragraphs (a) to (c) or the continuing operation of 27
water entities. 28
s 67 35 s 67
South East Queensland Water (Restructuring)
Bill 2007
Part 2 Particular Ministerial powers 1
67 Transfer notice 2
(1) For the purpose of the project, the Minister may, by gazette 3
notice (a transfer notice), do any of the following-- 4
(a) transfer shares in a water entity to another water entity; 5
(b) transfer an asset or liability of a water entity to another 6
water entity; 7
(c) make provision about the consideration for a share, asset 8
or liability transferred under paragraph (a) or (b) or for 9
something else done under a transfer notice; 10
(d) for trust land for which a water entity is the trustee-- 11
(i) remove the water entity as trustee; or 12
(ii) appoint another water entity as trustee; or 13
(iii) change the purpose for which the trust land was 14
reserved or granted in trust, including to a purpose 15
other than a community purpose; 16
(e) provide whether and, if so, the extent to which a water 17
entity is the successor in law of another water entity; 18
(f) make provision for a legal proceeding that is being, or 19
may be, taken by or against a water entity to be 20
continued or taken by or against another water entity; 21
(g) make provision about the application of instruments to a 22
water entity, including-- 23
(i) whether a water entity is a party to an instrument; 24
and 25
(ii) whether an instrument is taken to have been made 26
by a water entity or given to, by or in favour of a 27
water entity; and 28
(iii) whether a reference to an entity in an instrument is 29
a reference to a water entity; and 30
(iv) whether, under an instrument, an amount is or may 31
become payable to or by a water entity or other 32
s 67 36 s 67
South East Queensland Water (Restructuring)
Bill 2007
property is, or may be, transferred to or by a water 1
entity; 2
(h) transfer an employee of a water entity to another water 3
entity; 4
(i) subject to section 90,3 make provision about the 5
employees of a water entity transferred under paragraph 6
(h) and their rights; 7
(j) make provision about the records of a water entity; 8
(k) make provision about an incidental, consequential or 9
supplemental matter the Minister considers necessary or 10
convenient for effectively carrying out the project. 11
(2) A transfer notice may include conditions applying to 12
something done under the notice. 13
(3) A transfer notice may transfer an asset attached to land 14
without transferring the land, even though the asset would 15
otherwise be a part of the land. 16
(4) If the Minister is satisfied it would be inappropriate for a 17
particular matter to be stated in a transfer notice (for example, 18
because of the size or nature of the matter), the Minister may 19
provide for the matter by including a reference in the transfer 20
notice to another document that is-- 21
(a) signed by the Minister; and 22
(b) kept available, at a place stated in the transfer notice, for 23
inspection by the persons to whom the matter relates. 24
(5) The transfer of a liability of a water entity under this section 25
discharges the entity from the liability. 26
(6) A transfer notice has effect despite any other law or 27
instrument. 28
(7) A transfer notice has effect on the day it is published in the 29
gazette or a later day stated in it. 30
(8) Unless the context otherwise requires, a reference in this 31
section to a water entity includes the State and the 32
Coordinator-General. 33
3 Section 90 (Preservation of rights of transferred employees)
s 68 37 s 68
South East Queensland Water (Restructuring)
Bill 2007
(9) In this section-- 1
authority includes accreditation, allocation, approval, 2
certificate, entitlement, exemption, licence, manual, notice, 3
permit and plan. 4
Coordinator-General means the Coordinator-General under 5
the State Development and Public Works Organisation Act 6
1971. 7
employee, of a water entity, does not include a director of the 8
entity. 9
instrument includes an application or authority under an Act. 10
record includes any document. 11
trust land means land dedicated as a reserve, or granted in fee 12
simple in trust, under the Land Act 1994, chapter 3, part 1. 13
68 Project direction 14
(1) The Minister may give a direction (a project direction) to a 15
water entity or its board requiring the entity or board to do 16
something the Minister considers necessary or convenient for 17
effectively carrying out the project. 18
(2) Without limiting subsection (1), a project direction may be 19
about-- 20
(a) winding up a company; or 21
(b) executing an instrument; or 22
(c) disclosing information; or 23
(d) for a new water entity, according particular terms and 24
conditions of employment to its new employees during a 25
stated period after its establishment. 26
(3) A project direction must be in writing, signed by the Minister. 27
(4) A water entity must comply with a project direction given to 28
it. 29
(5) A water entity's board must-- 30
(a) if a project direction is given to the board--comply with 31
the direction; or 32
s 69 38 s 70
South East Queensland Water (Restructuring)
Bill 2007
(b) if a project direction is given to the entity--take the 1
action necessary to ensure the entity complies with the 2
direction. 3
(6) A water entity's employees must help the entity or board to 4
comply with a project direction given to the entity or board. 5
(7) In this section-- 6
board includes, for a local government, its councillors. 7
new employees, of a new water entity, means employees of 8
the entity other than-- 9
(a) employees transferred from another water entity under a 10
transfer notice; or 11
(b) the entity's chief executive officer. 12
Part 3 Matters relating to the Water 13
Act 14
Division 1 Preliminary 15
69 Definitions for pt 3 16
In this part-- 17
Water Act means the Water Act 2000. 18
Water regulation means the Water Regulation 2002. 19
70 Words have meanings given by the Water Act 20
Words defined in the Water Act and used in this part have the 21
same meanings as they have in the Water Act. 22
s 71 39 s 74
South East Queensland Water (Restructuring)
Bill 2007
Division 2 Matters relating to new water 1
entities 2
71 Non-application to water grid manager 3
This division does not apply to the water grid manager. 4
72 New water entities are service providers 5
A new water entity is a water service provider. 6
73 Entry into service provider register 7
(1) As soon as practicable after the first time that water supply 8
works are transferred to a new water entity under a transfer 9
notice, the entity must notify the regulator of the services for 10
which it is to be registered. 11
(2) The entity must give the regulator any other information 12
requested by the regulator for the purpose of registration. 13
(3) The regulator must register the entity as a service provider for 14
the services and give the entity notice of the registration. 15
(4) The entity is a water service provider from its establishment, 16
regardless of when it is registered. 17
(5) The Water Act, sections 371 and 372 do not apply to the 18
registration. 19
(6) In this section-- 20
register means register in the service provider register. 21
74 Submission of plans 22
(1) The Water Act, sections 410 and 429E apply to a new water 23
entity as if a reference in the sections to the period of 1 year 24
after the day the service provider is registered were a 25
reference to the period of 18 months after the entity's 26
establishment. 27
(2) The Water Act, section 414D applies to a new water entity as 28
if a reference in the section to the period of 2 years after the 29
s 75 40 s 76
South East Queensland Water (Restructuring)
Bill 2007
day the service provider is registered were a reference to the 1
period of 18 months after the entity's establishment. 2
75 Application of pricing direction 3
(1) This section applies if-- 4
(a) under a transfer notice, water infrastructure and an 5
interim resource operations licence applying to the 6
water infrastructure are transferred from SunWater to a 7
new water entity; and 8
(b) as a result of the transfer, a customer of SunWater 9
becomes a customer of the new water entity; and 10
(c) at the time of the transfer, the Rural Water Pricing 11
Direction Notice (No. 1) 2006 (the direction) applies to 12
the price of water taken by the customer. 13
(2) The direction, as in force at the time of the transfer, applies to 14
the new water entity, in relation to the price of water taken by 15
the customer, as if a reference in the direction to SunWater 16
were a reference to the new water entity. 17
(3) The application of the direction under subsection (2) 18
continues until 30 June 2011 unless its application to the new 19
water entity is ended earlier under a direction given under the 20
Water Act, section 1013D. 21
Division 3 Matters relating to water entities 22
76 Automatic transfer of instruments relating to transferred 23
works 24
(1) This section applies if water supply works are transferred 25
from a water entity to another water entity (the transferee) 26
under a transfer notice. 27
(2) Any Water Act instrument relating to the water supply works 28
is also transferred to the transferee. 29
(3) Subsection (2) applies subject to any specific provision about 30
the transfer of the instrument under the transfer notice. 31
s 76 41 s 76
South East Queensland Water (Restructuring)
Bill 2007
(4) The water chief executive may take the action that is 1
necessary or convenient for the transfer of a Water Act 2
instrument under this section, including-- 3
(a) updating a register or other record; and 4
(b) amending, cancelling or issuing a Water Act instrument. 5
(5) The water chief executive may take action under subsection 6
(4) although the Water Act does not provide for the taking of 7
the action or provides for taking the action in a different way. 8
Example-- 9
Water infrastructure is transferred from a water entity (the transferor) to 10
another water entity (the transferee) under a transfer notice. At the time 11
of the transfer, the transferor held an interim resource operations licence 12
(an IROL) for the operation of the water infrastructure and had made an 13
application to amend the licence that had not yet been decided. 14
Acting under subsection (4), the water chief executive-- 15
(a) amends the IROL held by the transferor, and grants another IROL 16
to the transferee, despite the provisions of the Water Act, chapter 17
2, part 5, division 2 that would otherwise apply to the granting or 18
amendment of an IROL; and 19
(b) amends the application to amend the IROL so it shows the 20
transferee as the applicant, even though there is no provision in 21
the Water Act for the transfer of an application of that type. 22
(6) The operation of the Water Act, chapter 9, part 1 relating to a 23
continuing authority is not affected by its transfer under this 24
section. 25
(7) In this section-- 26
continuing authority means-- 27
(a) an authority continued in force under the Water Act, 28
section 1037 or 1037A; or 29
(b) a licence, permit or allocation notice taken to be in force 30
under the Water Act, section 1048A. 31
Water Act instrument-- 32
1 A Water Act instrument means-- 33
(a) a water allocation, interim water allocation, 34
licence, permit or notice in force under the Water 35
Act: or 36
s 77 42 s 78
South East Queensland Water (Restructuring)
Bill 2007
(b) an application for an instrument mentioned in 1
paragraph (a) that has not been finally dealt with 2
under the Water Act. 3
2 A Water Act instrument includes a continuing authority. 4
water chief executive means the chief executive under the 5
Water Act. 6
77 References to SEQ Water relating to particular 7
transferred authority 8
If the authority mentioned in the Water Act, section 387A is 9
transferred from SEQ Water to another water entity, any of the 10
following references to SEQ Water is taken to be a reference 11
to the other entity-- 12
(a) a reference in the Water Act, chapter 3, part 2, division 13
2A; 14
(b) a reference in a supply contract in force under that 15
division. 16
78 Transfer of infrastructure 17
(1) This section applies to the transfer, under a transfer notice, of 18
the ownership of a water entity's infrastructure for a registered 19
service. 20
(2) The water entity must notify the regulator of the transfer and 21
give the regulator any information about the transfer that the 22
regulator requires. 23
(3) The regulator must act under the Water Act, section 375(1) as 24
if the water entity had complied with the Water Act, section 25
374. 26
(4) The Water Act, sections 374 and 375(2) do not apply to the 27
transfer. 28
(5) Registration under the Water Act, section 375 is taken to have 29
happened at the same time as the transfer. 30
s 79 43 s 81
South East Queensland Water (Restructuring)
Bill 2007
Part 4 Application of other laws and 1
instruments 2
79 Constructing authority for particular land acquired under 3
the Acquisition of Land Act 1967 4
(1) This section applies to land acquired by a local government as 5
a constructing authority under the Acquisition of Land Act 6
1967. 7
(2) If the land is transferred to a water entity under this chapter, 8
the water entity is, for section 41 of that Act, taken to be the 9
constructing authority that acquired that land on the day it was 10
acquired. 11
80 Matters relating to the Integrated Planning Act 1997 12
(1) This section applies to the transfer of development 13
infrastructure, under this chapter, from a local government to 14
another water entity that is not a local government. 15
(2) The transfer does not affect the validity of any of the 16
following done, whether before or after the transfer, in 17
relation to the development infrastructure-- 18
(a) an infrastructure charge or cost levied by the local 19
government under IPA, chapter 5, part 1; 20
(b) a condition imposed by the local government under IPA, 21
chapter 5, part 1 or section 6.1.31. 22
(3) In this section-- 23
development infrastructure see IPA, schedule 10. 24
IPA means the Integrated Planning Act 1997. 25
81 Non-liability for State taxes 26
(1) A water entity is not liable to pay a State tax in relation to-- 27
(a) anything done under a transfer notice; or 28
(b) a transfer of an instrument under the Water Act 2000, or 29
other transaction, under part 3. 30
s 82 44 s 84
South East Queensland Water (Restructuring)
Bill 2007
(2) In this section-- 1
State tax means a fee, levy or charge imposed under an Act, 2
including-- 3
(a) duty under the Duties Act 2001; and 4
(b) a fee or charge under the Land Act 1994, Land Title Act 5
1994 or the Water Act 2000. 6
Part 5 Other matters 7
82 Time within which Minister may act 8
The Minister may not perform a function or exercise a power 9
under this chapter more than 3 years after the commencement 10
of this chapter. 11
83 Chapter applies despite other laws and instruments 12
A thing may be done under this chapter despite any other law 13
or instrument. 14
Example-- 15
The Minister may, by a transfer notice, transfer a trustee lease under the 16
Land Act 1994 without the written approvals that would otherwise be 17
required for a transfer under section 58 of that Act. 18
84 Decisions not reviewable 19
(1) A decision under this chapter-- 20
(a) is final and conclusive; and 21
(b) can not be challenged, appealed against, reviewed, 22
quashed, set aside or called in question in any other way, 23
under the Judicial Review Act 1991 or otherwise 24
(whether by the Supreme Court, another court, a tribunal 25
or another entity); and 26
(c) is not subject to any writ or order of the Supreme Court, 27
another court, a tribunal or another entity on any ground. 28
s 85 45 s 85
South East Queensland Water (Restructuring)
Bill 2007
(2) In this section-- 1
decision includes a decision or conduct leading up to or 2
forming part of the process of making a decision. 3
85 Effect on legal relationships 4
(1) Nothing done under this chapter (including a thing done by, or 5
in compliance with, a transfer notice or project direction)-- 6
(a) makes a relevant entity liable for a civil wrong or a 7
contravention of a law or for a breach of a contract or 8
confidence; or 9
(b) makes a relevant entity in breach of any instrument, 10
including an instrument prohibiting, restricting or 11
regulating the assignment, novation or transfer of a right 12
or liability or the disclosure of information; or 13
(c) is taken to fulfil a condition that-- 14
(i) allows a person to terminate an instrument or 15
obligation or modify the operation or effect of an 16
instrument or obligation; or 17
(ii) allows a person to enforce an obligation contained 18
in an instrument or requires a person to perform an 19
obligation contained in an instrument; or 20
(iii) requires any money to be paid before its stated 21
maturity; or 22
(d) releases a surety or other obligee, wholly or partly, from 23
an obligation. 24
(2) If, apart from this subsection, the advice, consent or approval 25
of a person would be necessary to do something under this 26
chapter, the advice is taken to have been obtained or the 27
consent or approval is taken to have been given 28
unconditionally. 29
Example-- 30
A contract entered into by a water entity provides that the entity agrees 31
not to transfer a particular asset without a particular person's consent 32
and that, if the consent is given, it may be subject to particular 33
conditions. 34
s 86 46 s 87
South East Queensland Water (Restructuring)
Bill 2007
If the asset is transferred to another water entity under a transfer notice, 1
the consent required under the contract is taken to have been given 2
unconditionally. 3
(3) If, apart from this Act, giving notice to a person would be 4
necessary to do something under this chapter, the notice is 5
taken to have been given. 6
(4) In this section-- 7
relevant entity means-- 8
(a) the State or an employee or agent of the State; or 9
(b) a water entity, a member of a water entity's board or an 10
employee or agent of a water entity. 11
86 Excluded matter for Corporations Act 12
Anything done by the Minister under part 24 is an excluded 13
matter for the Corporations Act, section 5F,5 in relation to the 14
Corporations Act, chapter 2D.6 15
87 Disclosure and use of information for the project 16
(1) A person may disclose information in the possession or 17
control of a water entity, for the purpose of the project, to-- 18
(a) a person involved in the project; or 19
(b) a water entity, a member of a water entity's board or an 20
employee or agent of a water entity. 21
(2) A water entity or its board must comply with a request by the 22
Minister for the disclosure of information under subsection 23
(1) to a person. 24
(3) A person may use information in the possession or control of 25
a water entity for the purpose of the project. 26
4 Part 2 (Particular ministerial powers)
5 Corporations Act, section 5F (Corporations legislation does not apply to matters
declared by State or Territory law to be an excluded matter)
6 Corporations Act, chapter 2D (Officers and employees)
s 88 47 s 89
South East Queensland Water (Restructuring)
Bill 2007
(4) Also, to remove any doubt, it is declared that a person may 1
disclose or use information in compliance with a transfer 2
notice or project direction. 3
(5) A person who, acting honestly, discloses or uses information 4
under this section is not liable, civilly, criminally or under an 5
administrative process, for the disclosure or use. 6
88 Registering authority to register or record transfer 7
(1) A registering authority must, on written application by a 8
transferee entity, register or record in the appropriate way the 9
transfer of an asset, liability or instrument under a transfer 10
notice to the transferee entity. 11
(2) The transferee entity must comply with any relevant 12
procedures required by the registering authority for the 13
purpose of registering or recording the transfer. 14
Example-- 15
The registering authority may require the transferee entity to complete 16
and submit a particular form. 17
(3) In this section-- 18
registering authority means the registrar of titles or another 19
entity required or authorised by law to register or record 20
transactions affecting assets, liabilities or instruments. 21
transferee entity means the entity to which an asset, liability 22
or instrument is transferred under a transfer notice. 23
89 Entry to, and use of, water entity's land after transfer of 24
asset attached to the land 25
(1) This section applies if-- 26
(a) a water entity owns land to which an asset is attached; 27
and 28
(b) the land or asset is transferred under a transfer notice; 29
and 30
(c) after the transfer, a water entity (the asset owner) owns 31
the asset and another water entity (the land owner) owns 32
or occupies the land to which the asset is attached. 33
s 89 48 s 89
South East Queensland Water (Restructuring)
Bill 2007
(2) An employee or agent of the asset owner may enter the land or 1
a structure on the land, at all reasonable times, if the entry is-- 2
(a) necessary to do something relating to the asset for the 3
exercise of the asset owner's functions as a water entity; 4
or 5
(b) necessary for the continued use of the asset in a way it 6
was lawfully used before the transfer. 7
Examples of things for which entry may be necessary-- 8
· carrying facilities into, through, across or under the land 9
· performing work in the land 10
· inspecting, operating, changing, maintaining, removing, repairing 11
or replacing the asset 12
(3) Also, the asset owner may allow other persons to enter the 13
land or a structure on the land at the times stated, and as 14
otherwise provided for, in the transfer notice. 15
(4) Subsections (2) and (3) do not apply to the entry of a 16
structure, or the part of a structure, used for residential 17
purposes. 18
(5) Subsections (2) and (3) do not limit the making of other 19
agreements between the asset owner and land owner about 20
entry to, or use of, the land. 21
(6) The land owner may not, without the asset owner's written 22
consent-- 23
(a) interfere with the asset; or 24
(b) take any step to change the use of the land; or 25
(c) carry out material works or make material 26
improvements to the land; or 27
(d) transfer the land to someone else; or 28
(e) grant rights to anyone else in relation to the land that are 29
inconsistent with the land owner's use of the land at the 30
time of the transfer. 31
(7) The asset owner may give a written request to the registrar of 32
titles to record the following information (the prescribed 33
information)-- 34
s 90 49 s 90
South East Queensland Water (Restructuring)
Bill 2007
(a) that this section applies to the land; 1
(b) a description of the asset; 2
(c) the name of the asset owner. 3
(8) On receiving the request, the registrar of titles must make a 4
record in a way that a search of the register kept by the 5
registrar under any Act relating to the land will show the 6
prescribed information. 7
(9) On written request from the asset owner, the registrar of titles 8
must cancel a record made under subsection (8). 9
(10) If the land owner incurs loss or damage because of the asset 10
owner's exercise of a power under this section, the land owner 11
is entitled to be paid compensation by the asset owner as 12
worked out under the transfer notice or otherwise agreed 13
between them. 14
(11) A reference in this section to land to which an asset is attached 15
is a reference to-- 16
(a) the parcel of land, for which there is an instrument of 17
title, that includes the particular area covered by the 18
asset; and 19
(b) for subsections (2) and (3), other contiguous land owned 20
or occupied by the land owner. 21
90 Preservation of rights of transferred employees 22
(1) This section applies to the transfer of an employee of a water 23
entity (the former employer) to a new water entity (the new 24
employer) under a transfer notice. 25
(2) Subject to subsection (3), the employee's terms and 26
conditions of employment during the transitional period are 27
the same terms and conditions (the transferred conditions) as 28
applied to the employee immediately before the transfer, and 29
are not decided by reference to any other law or instrument 30
about minimum terms and conditions of employment. 31
(3) During the transitional period-- 32
(a) if the employee has transferred conditions derived from 33
a prescribed industrial instrument, a notional agreement 34
s 90 50 s 90
South East Queensland Water (Restructuring)
Bill 2007
preserving State awards derived only from a State law or 1
an APCS, the employee may enforce the transferred 2
conditions as if they were derived from an industrial 3
instrument under the IRA; and 4
(b) if the employee has transferred conditions derived from 5
a prescribed industrial instrument-- 6
(i) the employee is taken to be employed by the new 7
employer under an industrial instrument for the 8
purpose of the IRA, chapter 3; and 9
(ii) the transferred conditions are taken to include any 10
dispute resolution clause that, under the transfer 11
notice, applies to the new employer and the 12
employee during the transitional period. 13
(4) A dispute resolution clause mentioned in subsection (3)(b)(ii) 14
applies to the exclusion of any other dispute resolution clause 15
that would otherwise apply under the transferred conditions. 16
(5) The transfer does not-- 17
(a) interrupt continuity of service, except that the employee 18
is not entitled to claim the benefit of a right or 19
entitlement more than once in relation to the same 20
period of service; or 21
(b) constitute a termination of employment by the former 22
employer, retrenchment or redundancy; or 23
(c) entitle the employee to a payment or other benefit 24
because he or she is no longer employed by the former 25
employer; or 26
(d) require the former employer to make any payment in 27
relation to the employee's accrued rights to recreation, 28
sick, long service or other leave irrespective of any 29
arrangement between the former employer and the 30
employee. 31
(6) The transfer has effect despite any other law, contract or other 32
instrument. 33
(7) In this section-- 34
APCS means an Australian Pay and Classification Scale 35
under the WRA. 36
s 90 51 s 90
South East Queensland Water (Restructuring)
Bill 2007
IRA means the Industrial Relations Act 1999. 1
notional agreement preserving State awards see the WRA, 2
schedule 8, clause 31. 3
prescribed industrial instrument means any of the 4
following-- 5
(a) an award under the IRA or the WRA; 6
(b) a transitional award under the WRA, schedule 6; 7
(c) a QWA under the IRA; 8
(d) a workplace agreement; 9
(e) a certified agreement under the IRA; 10
(f) a pre-reform AWA under the WRA; 11
(g) a pre-reform certified agreement under the WRA, 12
schedule 7; 13
(h) an old IR agreement under the WRA, schedule 7; 14
(i) a notional agreement preserving State awards that is 15
derived from a State award; 16
(j) a preserved State agreement under the WRA. 17
transitional period means the period from the time of the 18
employee's transfer to the new employer until whichever of 19
the following happens first-- 20
(a) the employee becomes covered by a new agreement 21
made under the IRA that provides that it replaces some 22
or all of the transferred conditions; 23
(b) if the employee's transferred conditions are not derived 24
from a prescribed industrial instrument--a new contract 25
of employment is agreed between the new employer and 26
the employee that provides that it replaces the 27
transferred conditions. 28
workplace agreement has the meaning given by the WRA, 29
section 4(1) and does not have the extended meaning given by 30
the WRA, section 324. 31
WRA means the Workplace Relations Act 1996 (Cwlth). 32
s 91 52 s 92
South East Queensland Water (Restructuring)
Bill 2007
91 Prohibition on retrenchment because of project 1
(1) A water entity must not take any action to end a transferred 2
employee's employment with the water entity by redundancy, 3
other than voluntary redundancy, if the action is taken, 4
whether completely or partly and whether directly or 5
indirectly, because of the carrying out of the project. 6
(2) For deciding whether a water entity has contravened 7
subsection (1), the reason given by a water entity for taking 8
action to end a transferred employee's employment must be 9
considered but is not conclusive. 10
(3) Subsection (1) applies only to an action taken before 1 March 11
2011. 12
(4) In this section-- 13
transferred employee, of a water entity, means an employee 14
transferred to the entity under a transfer notice. 15
Chapter 4 Other matters 16
Part 1 Miscellaneous 17
92 Staff support framework 18
(1) The Minister may approve a framework (a staff support 19
framework) directed at ensuring-- 20
(a) the proper transition of employees transferred, under a 21
transfer notice, from a water entity to another water 22
entity; and 23
(b) the appropriate and fair treatment of other employees of 24
water entities affected by the project. 25
(2) As soon as practicable after approving a staff support 26
framework, the Minister must-- 27
(a) notify the making of the approval; and 28
s 93 53 s 94
South East Queensland Water (Restructuring)
Bill 2007
(b) give a copy of the framework to each water entity to 1
which it applies; and 2
(c) publish a copy of the framework in the way the Minister 3
considers appropriate. 4
Example-- 5
The Minister may publish the framework on the department's 6
website. 7
(3) The notice made under subsection (2)(a) (the approval notice) 8
is subordinate legislation. 9
(4) A staff support framework takes effect on the day the approval 10
notice is notified or published in the gazette or, if a later day is 11
stated in the approval notice or the framework, on that day. 12
(5) It is the responsibility of each water entity to ensure, to the 13
extent a staff support framework applies to the entity, that the 14
entity acts in conformity with the framework. 15
93 Things done by, or given to, responsible Ministers 16
(1) If, under this Act, a thing is required to be done or may be 17
done by the responsible Ministers, the thing is to be done by 18
the Ministers jointly. 19
(2) If, under this Act, a thing is required to be given or may be 20
given to the responsible Ministers, the thing is to be given to 21
each of the Ministers. 22
(3) However, if the responsible Ministers' offices are held, or the 23
functions of the offices are being performed, by 1 person, the 24
thing may be done by, or given to, that person alone. 25
94 Delegation by Minister 26
(1) The Minister may delegate the Minister's functions under this 27
Act, except functions as a responsible Minister or under 28
section 67,7 to the chief executive of the department. 29
(2) In this section-- 30
7 Section 67 (Transfer notice)
s 95 54 s 98
South East Queensland Water (Restructuring)
Bill 2007
functions includes powers. 1
95 Evidentiary aids 2
(1) This section applies to a proceeding under this Act. 3
(2) A certificate signed by the Minister stating any of the 4
following matters is evidence of the matter-- 5
(a) that a stated thing was, or is being, done for the purpose 6
of the project; 7
(b) that a stated person is, or was at a stated time, involved 8
in the project; 9
(c) that a stated direction given by the Minister related to 10
the project. 11
(3) A document certified by the Minister to be a copy of a project 12
direction is evidence of the direction. 13
96 Regulation-making power 14
The Governor in Council may make regulations under this 15
Act. 16
Part 2 Transitional provisions 17
97 Appointment of first chief executive officer 18
(1) Despite section 27(2), the responsible Ministers may appoint 19
a new water entity's first chief executive officer. 20
(2) If the responsible Ministers act under subsection (1), this Act 21
applies in relation to the appointee as if he or she had been 22
appointed under section 27. 23
98 Appointment of board members 24
(1) Section 16(2) does not apply to the appointment of a member 25
of a new water entity's board before the entity's first strategic 26
s 99 55 s 99
South East Queensland Water (Restructuring)
Bill 2007
and operational plans are agreed to by the responsible 1
Ministers. 2
(2) Despite section 16(3)(a), any of the following persons may be 3
appointed as a member of a new water entity's board for a 4
period ending not later than 1 year after the entity's 5
establishment-- 6
(a) the chief executive of the treasury department; 7
(b) a deputy to the chief executive of the treasury 8
department; 9
(c) the chief executive of the infrastructure department. 10
(3) Despite section 16(3)(c), a member of the Queensland Water 11
Commission may be appointed as a member of the board of 12
the water grid manager for a period ending on or before 30 13
June 2009. 14
99 New water entity's first strategic and operational plans 15
(1) This section applies to a new water entity's first strategic and 16
operational plans. 17
(2) The time within which the entity's board must prepare and 18
submit a draft of each plan under section 45 is 3 months after 19
the entity's establishment or another time agreed between the 20
board and the responsible Ministers. 21
(3) If a draft plan has not been agreed to within 1 month after its 22
submission to the responsible Ministers, the responsible 23
Ministers may give a direction under section 46(3). 24
(4) The period for which the strategic or operational plan applies 25
is-- 26
(a) the remainder of the financial year in which it is agreed 27
to by the relevant Ministers; and 28
(b) if the entity and the responsible Ministers agree the plan 29
is also to apply for the following financial year, for that 30
financial year. 31
s 100 56 s 103
South East Queensland Water (Restructuring)
Bill 2007
100 New water entity's first quarterly plan 1
Section 36 does not apply to a new water entity in relation to
8
2
a quarter before the quarter in which its first operational plan 3
is agreed to by the responsible Ministers. 4
101 New water entity's first plans under FAA Act 5
(1) This section applies to the plans for a financial year, other 6
than a strategic or operational plan, that a new water entity is 7
required to prepare and submit under the FAA Act. 8
(2) Having regard to when the entity is established, and any other 9
relevant circumstances, the responsible Ministers may agree 10
to the first plans being prepared and submitted at a time later 11
than would otherwise apply under the FAA Act. 12
(3) If the responsible Ministers act under subsection (2) in 13
relation to a plan, the period for which the plan applies is-- 14
(a) the remainder of the financial year in which it is 15
submitted; and 16
(b) if the entity and the responsible Ministers agree the plan 17
is also to apply for the following financial year, for that 18
financial year. 19
102 Annual return for a new water entity's first financial year 20
No annual return is payable by a new water entity under 21
chapter 2, part 5 for the financial year in which the entity is 22
established. 23
103 Amendment of regulation 24
The amendment of the Statutory Bodies Financial 25
Arrangements Regulation 2007 or the Water Regulation 2002 26
by this Act does not affect the power of the Governor in 27
Council to further amend the regulation or to repeal it. 28
8 Section 36 (Quarterly reports)
s 104 57 s 108
South East Queensland Water (Restructuring)
Bill 2007
Part 3 Amendments 1
Division 1 Amendment of Superannuation 2
(State Public Sector) Act 1990 3
104 Act amended in div 1 4
This division amends the Superannuation (State Public 5
Sector) Act 1990. 6
105 Amendment of s 2 (Interpretation) 7
Section 2(1), definitions defined benefit asset and defined 8
benefit member-- 9
omit. 10
106 Amendment of s 3 (Establishment of board) 11
(1) Section 3(5)-- 12
omit. 13
(2) Section 3(3A) and (4)-- 14
renumber as section 3(4) and (5). 15
107 Amendment of s 6F (Delegation by board) 16
Section 6F(3)-- 17
omit. 18
108 Amendment of s 11 (Investment of fund) 19
(1) Section 11(2)-- 20
omit. 21
(2) Section 11(4), from `, or a particular'-- 22
omit, insert-- 23
`or a particular part of the fund.'. 24
s 109 58 s 112
South East Queensland Water (Restructuring)
Bill 2007
(3) Section 11(3) and (4)-- 1
renumber as section 11(2) and (3). 2
109 Omission of s 11A (Investment of defined benefit assets) 3
Section 11A-- 4
omit. 5
110 Amendment of s 31A (Transfer of employees) 6
(1) Section 31A(6)-- 7
renumber as section 31A(7). 8
(2) Section 31A-- 9
insert-- 10
`(6) The Minister may delegate the Minister's power under 11
subsection (1) to the chief executive.'. 12
111 Amendment of s 43 (QIC continues as investment 13
manager) 14
Section 43(3) and (4)-- 15
omit, insert-- 16
`(3) The appointment continues until it is revoked by the board.'. 17
Division 2 Amendment of State Development 18
and Public Works Organisation Act 19
1971 20
112 Act amended in div 2 21
This division amends the State Development and Public 22
Works Organisation Act 1971. 23
s 113 59 s 115
South East Queensland Water (Restructuring)
Bill 2007
113 Insertion of new s 153J 1
Part 6, division 8-- 2
insert-- 3
`153J Delegation of Minister's functions under div 8 4
`(1) The Minister may delegate the Minister's functions under this 5
division to an appropriately qualified public service officer or 6
an appropriately qualified person employed under this Act. 7
`(2) In this section-- 8
appropriately qualified, in relation to a delegated function, 9
includes having the qualifications, experience or standing to 10
perform the function. 11
Example of standing-- 12
a person's classification level in the public service 13
functions includes powers.'. 14
Division 3 Amendment of Transport 15
Infrastructure Act 1994 16
114 Act amended in div 3 17
This division amends the Transport Infrastructure Act 1994. 18
115 Insertion of new s 85B 19
After section 85A-- 20
insert-- 21
`85B Application of Queensland Heritage Act 1992 for 22
development for a franchised road 23
`(1) This section applies to development for a franchised road if 24
the development is proposed to be carried out in relation to a 25
registered place under the Queensland Heritage Act 1992. 26
`(2) The development is taken to be development proposed to be 27
carried out by the State to which section 45 of that Act 28
applies. 29
s 116 60 s 117
South East Queensland Water (Restructuring)
Bill 2007
`(3) In this section-- 1
development see the Integrated Planning Act 1997, section 2
1.3.2.'. 3
116 Insertion of new s 93A 4
After section 93-- 5
insert-- 6
`93A Application of Queensland Heritage Act 1992 for 7
development for a toll road 8
`(1) This section applies to development for a toll road if the 9
development is proposed to be carried out in relation to a 10
registered place under the Queensland Heritage Act 1992. 11
`(2) The development is taken to be development proposed to be 12
carried out by the State to which section 45 of that Act 13
applies. 14
`(3) In this section-- 15
development see the Integrated Planning Act 1997, section 16
1.3.2.'. 17
Division 4 Amendment of other laws 18
117 Laws amended in sch 2 19
Schedule 2 amends the laws mentioned in it. 20
61
South East Queensland Water (Restructuring)
Bill 2007
Schedule 1 Local governments that are 1
water entities 2
section 65(3) 3
Local governments before reform Local governments after reform
Brisbane City Council Brisbane City Council
Gold Coast City Council Gold Coast City Council
Ipswich City Council Ipswich City Council
Gatton Shire Council and Lockyer Valley Regional Council
Laidley Shire Council
Logan City Council Logan City Council
Caboolture Shire Council, Pine Moreton Bay Regional Council
Rivers Shire Council and
Redcliffe City Council
Redland Shire Council Redland City Council
Beaudesert Shire Council and Scenic Rim Regional Council
Boonah Shire Council
Esk Shire Council and Kilcoy Somerset Regional Council
Shire Council
Caloundra City Council, Sunshine Coast Regional
Maroochy Shire Council and Council
Noosa Shire Council
CaloundraMaroochy Water ...
Supply Board
EskGattonLaidley Water ...
Board
4
62
South East Queensland Water (Restructuring)
Bill 2007
Schedule 2 Amendment of other laws 1
section 117 2
Local Government Act 1993 3
1 Chapter 17, part 4-- 4
insert-- 5
`1193AA Provision for local government employees 6
transferred to new water entities 7
`(1) This section applies if, under a transfer notice under the water 8
restructuring Act, employees of a local government are 9
transferred to a new water entity other than the water grid 10
manager. 11
`(2) A transferred employee is eligible to be a member of the 12
scheme. 13
`(3) The new water entity is taken to be a local government entity 14
for this chapter, but only in relation to its employment of 15
transferred employees. 16
`(4) For this chapter, a transferred employee who was a permanent 17
employee immediately before the transfer continues to be a 18
permanent employee. 19
`(5) In this section-- 20
new water entities see the water restructuring Act, section 21
6(1). 22
scheme means the Local Government Superannuation 23
Scheme under section 1180(1). 24
transferred employee means an employee mentioned in 25
subsection (1). 26
water grid manager means the SEQ Water Grid Manager 27
established under the water restructuring Act, section 6(1)(d). 28
water restructuring Act means the South East Queensland 29
Water (Restructuring) Act 2007.'. 30
63
South East Queensland Water (Restructuring)
Bill 2007
Schedule 2 (continued)
Queensland Competition Authority Act 1997 1
2 Schedule, definition water supplier-- 2
omit, insert-- 3
`water supplier means an entity, other than the State or a 4
government agency, that-- 5
(a) carries on, or negotiates to carry on, a water supply 6
activity; and 7
(b) is not owned, whether legally or beneficially and 8
whether entirely or in part, by the State or a government 9
agency.'. 10
Statutory Bodies Financial Arrangements Regulation 11
2007 12
3 Schedule 2-- 13
insert-- 14
`South East Queensland Water a new water entity'.
(Restructuring) Act 2007
4 Schedule 5-- 15
insert-- 16
`South East Queensland Water a new water entity'.
(Restructuring) Act 2007
64
South East Queensland Water (Restructuring)
Bill 2007
Schedule 2 (continued)
5 Schedule 8-- 1
insert-- 2
`South East Queensland Water a new water entity'.
(Restructuring) Act 2007
Water Act 2000 3
6 After section 1013C-- 4
insert-- 5
`1013D Minister's and Treasurer's power to give joint 6
directions to new water entities 7
`(1) The Minister and Treasurer may give a new water entity a 8
written joint direction if the Minister and Treasurer are 9
satisfied it is necessary to give the direction-- 10
(a) to give effect to this Act; or 11
(b) to facilitate water industry reform in the State; or 12
(c) to ensure a financially viable water industry in the State. 13
`(2) The new water entity must comply with the direction. 14
`(3) The Minister must gazette a copy of the direction within 21 15
days after it is given. 16
`(4) In this section-- 17
new water entities see the South East Queensland Water 18
(Restructuring) Act 2007, section 6(1).'. 19
65
South East Queensland Water (Restructuring)
Bill 2007
Schedule 2 (continued)
Water Regulation 2002 1
7 Schedule 10A-- 2
insert-- 3
`a new water entity under the South East Queensland Water 4
(Restructuring) Act 2007'. 5
66
South East Queensland Water (Restructuring)
Bill 2007
Schedule 3 Dictionary 1
section 5 2
agent, of an entity, includes a person engaged by the entity. 3
annual report, of a new water entity, for chapter 2, part 4, 4
division 3, see section 40. 5
annual return means the annual return payable under chapter 6
2, part 5. 7
board-- 8
(a) generally, means a new water entity's board; and 9
(b) in relation to a chief executive officer, means the board 10
of the new water entity of which he or she is the chief 11
executive officer. 12
CaloundraMaroochy Water Supply Board means the joint 13
local government of that name. 14
community service obligations see section 56. 15
EskGattonLaidley Water Board means the joint local 16
government of that name. 17
FAA Act means the Financial Administration and Audit Act 18
1977. 19
government entity see the Public Service Act 1996, section 20
21. 21
indictable offence includes an indictable offence dealt with 22
summarily, whether or not the Criminal Code, section 6599 23
applies to the indictable offence. 24
information includes a document. 25
infrastructure department means the department in which the 26
Water Act 2000, chapter 2, part 2, division 2A is administered. 27
9 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
67
South East Queensland Water (Restructuring)
Bill 2007
Schedule 3 (continued)
insolvent under administration see the Corporations Act, 1
section 9. 2
instrument includes an oral agreement. 3
new water entities see section 6(1). 4
operational plan, of a new water entity, means the entity's 5
operational plan in force under chapter 2, part 4, division 4. 6
person involved in the project means an employee or agent of 7
the State who is involved in carrying out the project in the 8
course of the employment or agency. 9
project see section 66. 10
project direction see section 68. 11
responsible Ministers, in relation to a new water entity, 12
means-- 13
(a) the Minister administering this Act; and 14
(b) the Minister administering the entity. 15
senior executive, of a new water entity, includes the holder of 16
an office in the entity that reports directly to the entity's chief 17
executive officer and that is commensurate with an office held 18
by a senior executive under the Public Service Act 1996. 19
spent conviction means a conviction-- 20
(a) for which the rehabilitation period under the Criminal 21
Law (Rehabilitation of Offenders) Act 1986 has expired 22
under that Act; and 23
(b) that is not revived as prescribed by section 11 of that 24
Act. 25
strategic plan, of a new water entity, means the entity's 26
strategic plan in force under chapter 2, part 4, division 4. 27
subsidiary, of a new water entity, means a body corporate that 28
would be a subsidiary of the new water entity under the 29
Corporations Act, part 1.2, division 6 if the new water entity 30
were a body corporate. 31
SunWater means the GOC of that name. 32
68
South East Queensland Water (Restructuring)
Bill 2007
Schedule 3 (continued)
transfer notice see section 67. 1
treasury department means the department in which the FAA 2
Act, part 2 is administered. 3
Water Act, for chapter 3, part 3, see section 69. 4
water activity means an activity mentioned in the Water Act 5
2000, schedule 4, definition water activity. 6
water entity see section 65. 7
water grid manager means the SEQ Water Grid Manager 8
established under section 6. 9
Water regulation, for chapter 3, part 3, see section 69. 10
water service see the Water Act 2000, schedule 4. 11
water supply works see the Water Act 2000, schedule 4. 12
© State of Queensland 2007
[Index] [Search] [Download] [Related Items] [Help]