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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Water Supply (Safety and
Reliability) Bill 2008
Queensland
Water Supply (Safety and Reliability) Bill
2008
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3 Purpose of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . 27
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Chapter 2 Infrastructure and service
Part 1 Preliminary
6 Application of ch 2 to local governments . . . . . . . . . . . . . . . . . . . 28
Part 2 The regulator
10 Who is the regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
11 Regulator's general functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
12 Register of service providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
13 Requirement for service provider to give information . . . . . . . . . . 29
14 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
15 Delegation by regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 3 Service providers
Division 1 Registration of service providers
20 Who must apply for registration as a service provider . . . . . . . . . 31
21 Applying for registration as a service provider . . . . . . . . . . . . . . . 32
22 Registration as a service provider . . . . . . . . . . . . . . . . . . . . . . . . 32
23 Applying to amend service provider's details of registration. . . . . 32
24 Notice of transfer of infrastructure . . . . . . . . . . . . . . . . . . . . . . . . 33
25 Registering transferee as a service provider . . . . . . . . . . . . . . . . 33
26 Notice of intention to stop operating as a service provider. . . . . . 35
27 Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Water Supply (Safety and Reliability) Bill 2008
Contents
28 Applying for cancellation of registration as service provider. . . . . 36
29 Registration as a service provider is not a right to water
entitlement or resource operations licence. . . . . . . . . . . . . . . . . . 37
30 Reviewing and changing service provider registration details . . . 37
Division 2 General powers of service providers and authorised
persons
31 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
32 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
33 Power to disconnect unauthorised connections . . . . . . . . . . . . . . 38
34 Power to direct remedial work . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
35 Power to install meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
36 Power to enter places for restricted purposes . . . . . . . . . . . . . . . 40
37 Power to enter place to read, check, maintain or replace meter . 41
38 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
39 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
40 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3 Power to restrict water supply
41 Restricting water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
42 Regulator may direct restriction . . . . . . . . . . . . . . . . . . . . . . . . . . 45
43 Notice of service provider water restriction must be given . . . . . . 46
44 Temporary interruptions to water supply . . . . . . . . . . . . . . . . . . . 47
Division 4 Authorised persons
45 Appointing authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . 48
46 Authorised person's identity cards . . . . . . . . . . . . . . . . . . . . . . . . 48
47 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
48 Producing and displaying identity card . . . . . . . . . . . . . . . . . . . . . 49
Division 5 Liability of service providers
49 Liability of service providers for negligence . . . . . . . . . . . . . . . . . 49
Division 6 Water efficiency management plans
50 Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
51 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
52 When water efficiency management plan may be required . . . . . 51
53 Content of water efficiency management plan . . . . . . . . . . . . . . . 52
54 Approving water efficiency management plan . . . . . . . . . . . . . . . 53
55 Complying with water efficiency management plan . . . . . . . . . . . 54
56 Reporting under water efficiency management plan . . . . . . . . . . 54
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Water Supply (Safety and Reliability) Bill 2008
Contents
57 Amending or replacing water efficiency management plan by
chief executive direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
58 Amending or replacing water efficiency management plan by
water service provider direction . . . . . . . . . . . . . . . . . . . . . . . . . . 56
59 Amending or replacing water efficiency management plan by
request ....................................... 57
60 Notice to comply with water efficiency management plan . . . . . . 57
61 Reviewing water efficiency management plans . . . . . . . . . . . . . . 57
Division 7 Miscellaneous
62 No charge for water in rainwater tank. . . . . . . . . . . . . . . . . . . . . . 58
Part 4 Service provider obligations
Division 1 Strategic asset management plans
70 Requirement for strategic asset management plan . . . . . . . . . . . 58
71 Preparing strategic asset management plan . . . . . . . . . . . . . . . . 58
72 Certifying strategic asset management plan . . . . . . . . . . . . . . . . 59
73 Submitting strategic asset management plan for approval. . . . . . 60
74 Approving strategic asset management plan . . . . . . . . . . . . . . . . 60
75 Refusing to approve strategic asset management plan . . . . . . . . 60
76 Changing strategic asset management plan . . . . . . . . . . . . . . . . 61
77 Complying with approved strategic asset management plan . . . . 62
Division 2 System leakage management plans
Subdivision 1 Preliminary
78 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Subdivision 2 Preparing and submitting plan
79 Requirement for system leakage management plan . . . . . . . . . . 62
80 Preparing system leakage management plan . . . . . . . . . . . . . . . 63
81 Certifying system leakage management plan . . . . . . . . . . . . . . . 63
82 Submitting system leakage management plan for approval . . . . . 63
Subdivision 3 Exemption from preparing plan
83 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
84 Deciding the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
85 Conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
86 Cancelling or amending an exemption . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 4 Approving or refusing to approve plan
87 Approving system leakage management plan . . . . . . . . . . . . . . . 67
88 Refusing to approve system leakage management plan . . . . . . . 67
89 Regulator may seek further information . . . . . . . . . . . . . . . . . . . . 68
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Water Supply (Safety and Reliability) Bill 2008
Contents
Subdivision 5 Miscellaneous
90 Changing system leakage management plan . . . . . . . . . . . . . . . 69
91 Complying with approved system leakage management plan . . . 69
Division 3 Drinking water quality management
Subdivision 1 Offences
92 Offence to carry out drinking water service without approved
drinking water quality management plan . . . . . . . . . . . . . . . . . . . 69
93 Offence about compliance with drinking water quality
management plan ............................... 69
Subdivision 2 Drinking water quality management plans
94 Purpose of drinking water quality management plan . . . . . . . . . . 70
95 Preparing drinking water quality management plan . . . . . . . . . . . 70
96 Additional information may be required . . . . . . . . . . . . . . . . . . . . 71
97 Regulator may obtain advice about application . . . . . . . . . . . . . . 71
98 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
99 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
100 Amendment of drinking water quality management
plan--application ............................... 73
101 Amendment of drinking water quality management
plan--requirement of regulator. . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Subdivision 3 Miscellaneous
102 Notice of particular matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
103 Requirement about giving water quality information. . . . . . . . . . . 75
104 Requirement about operation of drinking water service . . . . . . . . 76
Division 4 Audit reports and reviews
105 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
106 Reviewing plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
107 Changing plans following review . . . . . . . . . . . . . . . . . . . . . . . . . 78
108 Providing regular audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
109 Declarations about regular audit report . . . . . . . . . . . . . . . . . . . . 81
110 Spot audits of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
111 Declarations about spot audit report . . . . . . . . . . . . . . . . . . . . . . 84
112 Access for conducting audit reports . . . . . . . . . . . . . . . . . . . . . . . 84
Division 5 Customer service standards
113 Purpose of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
114 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
115 Preparing customer service standards. . . . . . . . . . . . . . . . . . . . . 85
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Water Supply (Safety and Reliability) Bill 2008
Contents
116 Content of customer service standard . . . . . . . . . . . . . . . . . . . . . 86
117 Complying with customer service standard . . . . . . . . . . . . . . . . . 86
118 Customer complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
119 Revising customer service standard . . . . . . . . . . . . . . . . . . . . . . 87
120 Reviewing customer service standard . . . . . . . . . . . . . . . . . . . . . 88
Division 6 Drought management plans
121 Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
122 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
123 Preparing drought management plans . . . . . . . . . . . . . . . . . . . . . 88
124 Certifying drought management plan . . . . . . . . . . . . . . . . . . . . . . 90
125 Submitting drought management plan for registration . . . . . . . . . 91
126 Exemption from preparing drought management plan . . . . . . . . . 91
127 Cancelling or amending exemption from preparing drought
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
128 Registering a drought management plan . . . . . . . . . . . . . . . . . . . 92
129 Changing a drought management plan . . . . . . . . . . . . . . . . . . . . 92
130 Complying with drought management plan . . . . . . . . . . . . . . . . . 93
131 Tabling in Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 7 Outdoor water use conservation plan
132 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
133 Water service provider to have outdoor water use conservation
plan .......................................... 93
134 Approving outdoor water use conservation plan . . . . . . . . . . . . . 94
135 Changing outdoor water use conservation plan . . . . . . . . . . . . . . 95
136 Complying with outdoor water use conservation plan . . . . . . . . . 95
Division 8 Other service provider obligations
Subdivision 1 Residential premises
137 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
138 Guidelines for rate notice or account for supply of water to
residential premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
139 Service provider to give occupier water advice . . . . . . . . . . . . . . 97
Subdivision 2 Premises with more than 1 sole-occupancy unit
140 Service provider to give information about water usage. . . . . . . . 98
Division 9 Annual reports
141 Service provider to report annually . . . . . . . . . . . . . . . . . . . . . . . 99
142 Contents of annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
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Water Supply (Safety and Reliability) Bill 2008
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Division 10 Water for fire fighting
143 Application of div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
144 No charge for water for fire fighting purposes . . . . . . . . . . . . . . . 103
145 Water to be used only for fire fighting purposes . . . . . . . . . . . . . . 103
Division 11 Exemptions for small service providers
146 Small service providers may apply for exemption . . . . . . . . . . . . 104
147 Deciding application for exemption. . . . . . . . . . . . . . . . . . . . . . . . 104
148 Notice of decision on application for exemption . . . . . . . . . . . . . . 105
149 Cancelling or amending an exemption . . . . . . . . . . . . . . . . . . . . . 106
Part 5 Service areas
Division 1 Preliminary
160 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 2 Service areas
161 Declaration of service area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
162 Notice of declaration of service area . . . . . . . . . . . . . . . . . . . . . . 107
163 Map of service area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 3 Access to services in service areas
164 Access to service in service area. . . . . . . . . . . . . . . . . . . . . . . . . 108
165 Recovering cost of giving access to registered service . . . . . . . . 109
166 When service provider not required to supply water in service
area ......................................... 109
Division 4 Connecting to registered services
167 Owner may ask for connection to service provider's
infrastructure ................................. 110
168 Notice requiring connection to registered service . . . . . . . . . . . . 110
Division 5 Restricting domestic water supply
169 Restricting domestic water supply in particular circumstances . . 111
Part 6 Trade waste
180 Trade waste approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
181 Approval may be conditional . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
182 Criteria for suspending or cancelling trade waste approval . . . . . 114
183 Suspending or cancelling trade waste approval . . . . . . . . . . . . . . 114
184 Immediate suspension or cancellation . . . . . . . . . . . . . . . . . . . . . 115
185 Amending trade waste approval . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Part 7 Offences
190 Supplying unauthorised services . . . . . . . . . . . . . . . . . . . . . . . . . 116
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Water Supply (Safety and Reliability) Bill 2008
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191 Connecting to or disconnecting from service provider's
infrastructure without approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
192 Interfering with service provider's infrastructure . . . . . . . . . . . . . . 117
193 Discharging particular materials. . . . . . . . . . . . . . . . . . . . . . . . . . 117
194 Polluting water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
195 Taking water without approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Chapter 3 Recycled water management
Part 1 Particular offences
196 Offence about supplying recycled water. . . . . . . . . . . . . . . . . . . . 119
197 Offences about compliance with exemption or recycled water
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Part 2 Recycled water management planning
200 Purpose of recycled water management plan . . . . . . . . . . . . . . . 120
201 Preparing particular plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
202 Application for approval of recycled water management plan . . . 122
203 Additional information may be required . . . . . . . . . . . . . . . . . . . . 122
204 Regulator may obtain advice about application . . . . . . . . . . . . . . 123
205 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
206 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
207 When regulator must not approve recycled water management
plan .......................................... 125
208 Statutory condition of approved recycled water management
plans ......................................... 125
209 Amending recycled water management plan by agreement . . . . 126
210 Amendment of recycled water management plan for
single-entity recycled water scheme--requirement of regulator. . 127
211 Amendment of recycled water management plan for
multiple-entity recycled water scheme--requirement of regulator 128
212 Amendment of recycled water management plan--application . . 130
213 Suspending or cancelling recycled water management plan if
regulator is satisfied about particular matters. . . . . . . . . . . . . . . . 130
214 Suspending recycled water management plan if production or
supply of recycled water stops . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
215 Application to resume supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Part 3 Notice about permanently stopping supply of recycled
water
230 Notice about permanently stopping supply of recycled water . . . 136
231 Cancelling recycled water management plan on receipt of notice
under s 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
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Water Supply (Safety and Reliability) Bill 2008
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Part 4 Validation programs
235 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
236 Preparing validation program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
237 Application for approval of validation program . . . . . . . . . . . . . . . 139
238 Additional information may be required . . . . . . . . . . . . . . . . . . . . 139
239 Regulator may obtain advice about application . . . . . . . . . . . . . . 140
240 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
241 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
242 Amendment of validation program . . . . . . . . . . . . . . . . . . . . . . . . 141
Part 5 Exemptions
250 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
251 Additional information may be required . . . . . . . . . . . . . . . . . . . . 142
252 Regulator may obtain advice about application . . . . . . . . . . . . . . 142
253 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
254 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
255 Duration of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
256 Provision about conditions of exemption . . . . . . . . . . . . . . . . . . . 144
257 Cancelling or amending exemption . . . . . . . . . . . . . . . . . . . . . . . 144
Part 6 Reviews and audits of recycled water management plans
258 Reviewing recycled water management plans . . . . . . . . . . . . . . . 145
259 Changing plan after review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
260 Providing internal audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . 147
261 Providing regular audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
262 Spot audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
263 Auditor's responsibility to inform regulator . . . . . . . . . . . . . . . . . . 151
264 Declarations about audit reports . . . . . . . . . . . . . . . . . . . . . . . . . 152
265 Access for conducting audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Part 7 Reporting requirements and annual reports
270 Notice of particular matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
271 Annual reporting requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Part 8 Declaration of critical recycled water schemes
300 Meaning of scheme manager for a recycled water scheme . . . . . 155
301 Making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
302 Regulator may seek advice about scheme manager . . . . . . . . . . 156
303 Notice of regulator's intention to make declaration. . . . . . . . . . . . 157
304 Notice of declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
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305 When declaration has effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
306 Review of declaration on request . . . . . . . . . . . . . . . . . . . . . . . . . 159
307 Requirement to advise regulator about scheme manager . . . . . . 160
Part 9 Dispute resolution process for particular critical recycled
water schemes
315 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
316 Application of pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
317 Dispute resolution process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Part 10 Miscellaneous
330 Notice to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
331 Report about compliance with notice . . . . . . . . . . . . . . . . . . . . . . 164
332 Particular requirement about production or supply of recycled
water ......................................... 164
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
Division 1 Preliminary
340 Definition for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
341 What is a referable dam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
342 What is failure impact assessment . . . . . . . . . . . . . . . . . . . . . . . . 166
Division 2 Failure impact assessing dams
343 When dam must be failure impact assessed . . . . . . . . . . . . . . . . 166
344 Process for failure impact assessment. . . . . . . . . . . . . . . . . . . . . 167
345 Requirement for other failure impact assessments . . . . . . . . . . . 168
346 Failure impact ratings for dams . . . . . . . . . . . . . . . . . . . . . . . . . . 168
347 Offences about failure impact assessments. . . . . . . . . . . . . . . . . 169
348 Cost of failure impact assessment . . . . . . . . . . . . . . . . . . . . . . . . 169
349 Decision about failure impact assessment . . . . . . . . . . . . . . . . . . 170
350 Notice accepting failure impact assessment . . . . . . . . . . . . . . . . 170
351 Reviewing failure impact assessment. . . . . . . . . . . . . . . . . . . . . . 170
352 Rejecting failure impact assessment . . . . . . . . . . . . . . . . . . . . . . 171
Division 3 Safety conditions for existing referable dams
353 Applying safety conditions for existing referable dams . . . . . . . . . 172
354 Deciding safety conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
355 Process after deciding safety conditions . . . . . . . . . . . . . . . . . . . 173
356 Changing conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
357 Reassessing dams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
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Division 4 Emergency powers
358 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
359 Direction to owner of emergency part of land. . . . . . . . . . . . . . . . 175
360 Failure to comply with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
361 Notice in relation to land other than leased State land. . . . . . . . . 177
362 Notice in relation to leased State land . . . . . . . . . . . . . . . . . . . . . 178
363 Emergency powers if imminent danger of dam failure . . . . . . . . . 178
Division 5 General matters
364 Liability for loss or damage caused by failure of dam. . . . . . . . . . 179
Part 2 Flood mitigation
370 Owners of particular dams must prepare flood mitigation
manual ...................................... 179
371 Approving flood mitigation manual . . . . . . . . . . . . . . . . . . . . . . . . 179
372 Amending flood mitigation manual . . . . . . . . . . . . . . . . . . . . . . . . 180
373 Regular reviews of flood mitigation manual . . . . . . . . . . . . . . . . . 180
374 Protection from liability for complying with flood mitigation
manual ....................................... 180
Chapter 5 Investigations and enforcement matters
Part 1 Authorised officers
Division 1 Authorised officers' functions and powers generally
400 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
401 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Division 2 Appointment of authorised officers
402 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 182
403 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 182
404 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
405 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 183
406 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 184
407 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
408 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Part 2 Powers of authorised officers
Division 1 Entry of places
409 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
410 Power to enter land to monitor compliance . . . . . . . . . . . . . . . . . 185
411 Power to enter land in relation to information collection . . . . . . . . 185
412 Power to enter places for other purposes. . . . . . . . . . . . . . . . . . . 186
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Division 2 Procedure for entry
413 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
414 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
415 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
416 Application by electronic communication and duplicate warrant . 189
417 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
418 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 192
Division 3 Powers after entry
419 General powers after entering places. . . . . . . . . . . . . . . . . . . . . . 192
420 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 193
421 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Part 3 Power to seize evidence
422 Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
423 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
424 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
425 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
426 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
427 Forfeiture by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
428 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
429 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
430 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
431 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Part 4 Power to require information
432 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 199
433 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . 200
434 Power to require information or documents . . . . . . . . . . . . . . . . . 201
Part 5 Particular enforcement provisions relating to drinking water
and recycled water
435 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
436 Power about preventing or minimising adverse affects--general . 203
437 Offence to fail to comply with direction . . . . . . . . . . . . . . . . . . . . . 203
438 Particular powers of regulator or authorised officer . . . . . . . . . . . 204
439 How powers may be exercised . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
440 Regulator's powers not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Part 6 Other matters
450 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
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451 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Part 7 Obtaining criminal history reports
460 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
461 Chief executive's power to obtain criminal history report . . . . . . . 207
462 Criminal history is confidential document . . . . . . . . . . . . . . . . . . . 207
Part 8 Show cause and compliance notices
Division 1 Show cause notices
463 General requirements for show cause notices . . . . . . . . . . . . . . . 208
464 Show cause notice must be given . . . . . . . . . . . . . . . . . . . . . . . . 209
Division 2 Compliance notices
465 Who may give compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . 209
466 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
467 Chief executive or regulator may take action and recover costs . 211
Part 9 Enforcement proceedings
475 Starting proceeding for enforcement order. . . . . . . . . . . . . . . . . . 212
476 Proceeding started in a representative capacity . . . . . . . . . . . . . 213
477 Starting proceeding for enforcement order without notice . . . . . . 214
478 Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . 214
479 Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
480 Effect of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
481 Powers about enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . 216
482 Parties to pay own costs for proceedings . . . . . . . . . . . . . . . . . . . 217
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 1 General offences
483 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 217
484 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 218
485 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 218
486 Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . 218
487 Executive officers must ensure corporation complies with Act. . . 219
Part 2 Evidentiary matters
488 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
489 Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
490 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
491 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Part 3 Proceedings for offences
492 Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . 221
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493 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 221
494 Limitation on who may summarily hear indictable offence
proceedings ................................... 222
495 Limitation on time for starting proceeding for summary offence. . 223
496 Notice of proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . 223
497 Limitation on who may bring particular proceedings . . . . . . . . . . 223
498 Proceeding brought in a representative capacity . . . . . . . . . . . . . 224
499 Orders Magistrates Court may make in offence proceeding . . . . 224
500 Offence to contravene Magistrates Court order . . . . . . . . . . . . . . 224
Part 4 Miscellaneous provisions
501 Chief executive's and regulator's power to remedy stated
public nuisance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
502 Responsibility for acts or omissions of representatives . . . . . . . . 225
Chapter 7 Reviews, appeals and arbitration
Part 1 Preliminary
510 Who is an interested person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Part 2 Review of decisions
511 Appeal process starts with review . . . . . . . . . . . . . . . . . . . . . . . . 227
512 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
513 Requirements for making review application . . . . . . . . . . . . . . . . 227
514 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
515 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
516 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 231
Part 3 Appeals
517 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
518 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
519 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . 233
520 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
521 Assessors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
522 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
523 Appeal costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
Part 4 Arbitration
524 Who may apply for arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
525 Acknowledging dispute notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
526 Withdrawing dispute notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
527 Parties to arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
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528 Decision by authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
529 Conduct of arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
Chapter 8 Miscellaneous
Part 1 Appointment of administrator and emergency powers for
particular infrastructure
Division 1 Appointment of administrator
530 Governor in Council may appoint administrator to operate
infrastructure .................................... 236
531 Effect of administrator operating infrastructure. . . . . . . . . . . . . . . 237
532 Effect of appointment of administrator . . . . . . . . . . . . . . . . . . . . . 238
533 Withdrawing appointment of administrator . . . . . . . . . . . . . . . . . . 239
Division 2 Emergency powers for operating particular infrastructure
534 Regulator or other person may operate infrastructure for
drinking water--regulator's notice . . . . . . . . . . . . . . . . . . . . . . . . 239
535 Regulator or other person may operate infrastructure for
recycled water--regulator's notice . . . . . . . . . . . . . . . . . . . . . . . . 241
536 Effect of operating infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . 243
Division 3 Other matter
537 Corporations legislation displacement provision . . . . . . . . . . . . . 243
Part 2 Relationship with Planning Act
560 Codes for Planning Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
561 Development applications for referable dams. . . . . . . . . . . . . . . . 244
562 When applicant may appeal to Land Court . . . . . . . . . . . . . . . . . 245
Part 3 Other miscellaneous provisions
570 Advisory councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
571 Regulator may make guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . 246
572 Chief executive may make guidelines. . . . . . . . . . . . . . . . . . . . . . 247
573 Water service provider may make guidelines . . . . . . . . . . . . . . . . 247
574 Documents regulator and chief executive must keep available for
inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
575 Documents service provider must keep available for inspection
and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
576 Documents recycled water provider must keep available for
inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
577 Records to be kept in registries . . . . . . . . . . . . . . . . . . . . . . . . . . 249
578 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 250
579 Regulator may share particular information . . . . . . . . . . . . . . . . . 250
580 Non-disclosure of commercially sensitive information . . . . . . . . . 251
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581 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
582 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
583 Fees and charges payable to chief executive and regulator. . . . . 252
584 Non-payment of fees or charges . . . . . . . . . . . . . . . . . . . . . . . . . 253
585 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
586 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Chapter 9 Transitional and savings provisions
Part 1 Purposes, definitions and general approach
587 Main purposes of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
588 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
589 Authorised actions and documents etc. under previous provision 255
590 Things continued in force under Water Act. . . . . . . . . . . . . . . . . . 256
591 Terminology in things mentioned in s 589(1) . . . . . . . . . . . . . . . . 257
592 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 257
593 Period or date stated in document given under previous
provision ..................................... 257
594 Act or omission happening before commencement may be
relevant to proceeding for particular acts or omissions . . . . . . . . 258
595 Acts Interpretation Act 1954, s 20 not limited. . . . . . . . . . . . . . . . 259
Part 2 Transitional provisions relating to particular provisions of
the Water Act
Division 1 Transitional provisions relating to the Water Act, chapter 3
Subdivision 1 Examples for chapter 2
596 Examples for ch 2 of things under s 589 . . . . . . . . . . . . . . . . . . . 259
597 Examples for ch 2 of obligations under s 589. . . . . . . . . . . . . . . . 261
598 Examples for ch 2 of protections under s 589 . . . . . . . . . . . . . . . 261
Subdivision 2 Service providers and service provider obligations
599 Existing service providers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
600 Water efficiency management plans . . . . . . . . . . . . . . . . . . . . . . 262
601 Approved strategic asset management plans . . . . . . . . . . . . . . . 263
602 Approved system leakage management plans. . . . . . . . . . . . . . . 263
603 Audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
604 Customer service standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
605 Drought management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
606 Application of provision about guidelines for rate notice or
account for water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
607 Application of provision about water advices . . . . . . . . . . . . . . . . 264
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608 Service areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
609 Existing trade waste approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Subdivision 3 Referable dams and flood mitigation
610 Examples for ch 4 of things under s 589 . . . . . . . . . . . . . . . . . . . 265
611 Referable dams and failure impact assessment. . . . . . . . . . . . . . 266
612 Hazardous dams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
613 Approved flood mitigation manuals . . . . . . . . . . . . . . . . . . . . . . . 267
Division 2 Transitional provisions relating to the Water Act, chapter 5
614 Examples for ch 5 of things under s 589 . . . . . . . . . . . . . . . . . . . 267
Division 3 Transitional provisions relating to the Water Act, chapter 6
615 Examples for ch 7 of things under s 589 . . . . . . . . . . . . . . . . . . . 269
Division 4 Transitional provisions relating to the Water Act, chapter 7
616 Examples for ch 6 of things under s 589 . . . . . . . . . . . . . . . . . . . 270
Division 5 Transitional provisions relating to the Water Act, chapter 8
617 Examples for ch 8 of things under s 589 . . . . . . . . . . . . . . . . . . . 271
Division 6 Transitional provisions relating to the Water Act--general
matters
618 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
619 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
620 Existing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
621 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
622 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
623 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
624 Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
625 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
626 References in Acts and documents . . . . . . . . . . . . . . . . . . . . . . . 274
Part 3 Transitional provisions about outdoor water use
conservation plans
627 Application of provision about outdoor water use conservation
plan .......................................... 275
Part 4 Transitional provisions about drinking water
628 Application of particular provision. . . . . . . . . . . . . . . . . . . . . . . . . 275
629 Notice requiring entity to have approved drinking water quality
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
630 Provision about water quality monitoring and reporting . . . . . . . . 277
Part 5 Transitional provisions about recycled water
631 Application of particular provisions--existing schemes . . . . . . . . 278
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632 Application of particular provisions--schemes supplying
recycled water for particular purposes . . . . . . . . . . . . . . . . . . . . . 279
633 Application of particular provisions--other schemes . . . . . . . . . . 280
634 Notice requiring entity to have approved plan . . . . . . . . . . . . . . . 281
Part 6 Regulation-making power for transitional purposes
635 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 282
Chapter 10 Amendment of other Acts
Part 1 Amendment of Plumbing and Drainage Act 2002
636 Act amended in pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
637 Amendment of s 85 (Process for assessing plans) . . . . . . . . . . . 283
638 Amendment of s 85B (Restrictions on giving compliance permit
for greywater use facility in a sewered area) . . . . . . . . . . . . . . . . 283
639 Amendment of s 86 (General process for assessing regulated
work and on-site sewerage work). . . . . . . . . . . . . . . . . . . . . . . . . 284
640 Amendment of s 86C (Conditions of compliance certificate) . . . . 284
641 Amendment of s 126 (Restriction on building or installing
greywater use facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
642 Amendment of s 128A (Offence to pollute service provider's
services) ...................................... 285
643 Amendment of s 128G (Owner's obligation to maintain plumbing
and drainage and on-site sewerage facility) . . . . . . . . . . . . . . . . . 285
644 Amendment of s 128PA (Offence about using greywater) . . . . . . 285
645 Amendment of s 143B (Local government's monitoring
obligations for greywater use facilities in sewered areas). . . . . . . 285
646 Insertion of new s 143D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
143D Local government advice to regulator about
greywater treatment plant. . . . . . . . . . . . . . . . . . . . . . 286
647 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 286
Part 2 Amendment of Public Health Act 2005
648 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
649 Amendment of s 10 (Definitions for ch 2) . . . . . . . . . . . . . . . . . . . 287
650 Amendment of s 11 (Meaning of public health risk) . . . . . . . . . . . 288
651 Amendment of s 18 (Regulation to prescribe who is to
administer this Act for particular public health risks) . . . . . . . . . . 288
652 Insertion of new ch 2, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Part 5A Provisions about drinking water and recycled
water
Division 1 Improvement notices
57A Improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 289
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57B Record of compliance with improvement notice . . . . . 291
Division 2 Offences about supply of drinking water or
recycled water
Subdivision 1 Preliminary
57C When drinking water is unsafe . . . . . . . . . . . . . . . . . . 291
57D When recycled water is fit for use. . . . . . . . . . . . . . . . 291
Subdivision 2 Offences
57E Supply of unsafe drinking water . . . . . . . . . . . . . . . . . 292
57F Supply of recycled water that is not fit for use . . . . . . 292
Division 3 Information requests
57G Power to require information. . . . . . . . . . . . . . . . . . . . 292
57H Failure to give information . . . . . . . . . . . . . . . . . . . . . 294
653 Amendment of s 59 (Lead must not be used in water collection). 294
654 Insertion of new s 388A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
388A Power to enter places to check compliance with
improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 294
655 Amendment of s 392 (Entry of place under s 386, 387 or 389) . . 295
656 Amendment of s 399 (General powers after entering places) . . . 295
657 Amendment of s 401 (Failure to answer questions) . . . . . . . . . . . 295
658 Amendment of s 461 (Regulation-making power) . . . . . . . . . . . . 295
659 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 296
Part 3 Amendment of South East Queensland Water
(Restructuring) Act 2007
660 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
661 Amendment of s 67 (Transfer notice) . . . . . . . . . . . . . . . . . . . . . . 297
662 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
79A Coordinator-General is constructing authority for
particular land to be taken under the Acquisition of
Land Act ........................... 298
663 Amendment of s 80 (Matters relating to the Integrated Planning
Act 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
664 Insertion of new ss 80A80C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
80A Reconfiguring a lot after transfer notice takes effect . 302
80B Terminating trust land and granting freehold interest
under the Land Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
80C Granting lease under the Land Act. . . . . . . . . . . . . . . 304
665 Amendment of s 89 (Entry to, and use of, water entity's land
after transfer of asset attached to the land) . . . . . . . . . . . . . . . . . 305
Page 18
Water Supply (Safety and Reliability) Bill 2008
Contents
Part 4 Amendment of Water Act 2000
666 Act amended in pt 4 and sch 2. . . . . . . . . . . . . . . . . . . . . . . . . . . 306
667 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
668 Amendment of s 25C (Contents of water supply emergency
declaration) .................................... 306
669 Insertion of new s 25CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
25CA Amendment of water supply emergency declaration . 307
670 Amendment of s 25F (Regulation about water supply
emergency) ................................... 307
671 Insertion of new s 25FA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
25FA Amendment of water supply emergency regulation . . 307
672 Amendment of s 25J (When water supply emergency ends) . . . . 308
673 Amendment of s 25O (Recovery of costs incurred) . . . . . . . . . . . 309
674 Amendment of s 25ZA (Application for approval to restrict use
of subartesian water) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
675 Amendment of s 46 (Content of draft water resource plans) . . . . 310
676 Amendment of s 113 (Minor or stated amendments of licence) . . 310
677 Amendment of s 128A (Amalgamation or subdivision of water
allocations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
678 Amendment of s 128B (Transfer of water allocations) . . . . . . . . . 311
679 Amendment of s 150 (Interests and dealings that may be
registered) .................................... 311
680 Amendment of s 184 (Amending interim resource operations
licences on notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
681 Amendment of s 185A (Amending interim resource operations
licences) ..................................... 312
682 Amendment of s 189 (Granting interim water allocations) . . . . . . 312
683 Amendment of s 190 (Contents of interim water allocation). . . . . 313
684 Amendment of s 192 (Dealing with an interim water allocation) . 313
685 Amendment of s 193 (Who certain interim water allocations
may be transferred to) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
686 Amendment of s 194 (Deciding application to transfer by
interim resource operations licence holder) . . . . . . . . . . . . . . . . . 314
687 Amendment of s 196 (Forfeiting an interim water allocation) . . . . 314
688 Amendment of s 197 (Surrendering an interim water allocation) . 314
689 Amendment of s 200 (Arrangements for seasonal water
assignments) .................................. 314
690 Insertion of new ch 2, pt 5, div 3, sdiv 6 . . . . . . . . . . . . . . . . . . . . 315
Page 19
Water Supply (Safety and Reliability) Bill 2008
Contents
Subdivision 6 Interim water allocations for Julius Dam water
supply scheme
201 Granting interim water allocations . . . . . . . . . . . . . . . 315
691 Amendment of s 209 (Applications that may be decided without
public notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
692 Amendment of s 212 (Granting a water licence under a plan or
declaration process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
693 Insertion of new s 212A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
212A Applying for transmission water licence . . . . . . . . . . . 316
694 Amendment of s 213 (Contents of water licence) . . . . . . . . . . . . 317
695 Amendment of s 217 (Amending water licence to implement
water resource plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
696 Amendment of s 221 (Reinstating expired water licence) . . . . . . 317
697 Amendment of s 340 (Main purpose of ch 2A and its
achievement) .................................. 318
698 Amendment of s 360J (Content of options) . . . . . . . . . . . . . . . . . 318
699 Amendment of s 360N (Effect of program for Integrated
Planning Act 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
700 Amendment of s 360O (Application of pt 4) . . . . . . . . . . . . . . . . . 319
701 Amendment of s 360P (Status of works for State Development
and Public Works Organisation Act 1971) . . . . . . . . . . . . . . . . . . 319
702 Amendment of s 360Q (Designation of preferred entity for works) 319
703 Amendment of s 360T (Information may be required from
water service providers) .......................... 320
704 Amendment of s 360V (Commission to make system operating
plan for region) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
705 Amendment of s 360W (Content of plan) . . . . . . . . . . . . . . . . . . . 320
706 Amendment of s 360X (Consultation for plan) . . . . . . . . . . . . . . . 321
707 Amendment of s 360Y (Publication and taking effect of plan) . . . 321
708 Amendment of s 360Z (Amendment of plan) . . . . . . . . . . . . . . . . 321
709 Amendment of s 360ZA (Water service providers must comply
with system operating plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
710 Amendment of s 360ZB (Publication requirements). . . . . . . . . . . 322
711 Amendment of s 360ZC (Derivative use immunity for
compliance with publication requirement) . . . . . . . . . . . . . . . . . . 323
712 Insertion of new ch 2A, pt 5, div 2, sdiv 4. . . . . . . . . . . . . . . . . . . 323
Subdivision 4 Spot audit reports
360ZCAA Spot audit by commission . . . . . . . . . . . . . . . . . . . . . 323
360ZCAB Requirement to comply with plan and provision for
cost of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
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Water Supply (Safety and Reliability) Bill 2008
Contents
360ZCAC Access for conducting audit reports . . . . . . . . . . . . . . 325
713 Insertion of new ch 2A, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
Part 5A The market
Division 1 Preliminary
360ZCL What is the market . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
360ZCM Operation of market . . . . . . . . . . . . . . . . . . . . . . . . . . 326
Division 2 Declaration of water services
Subdivision 1 Recommendation by commission for water
service declaration
360ZCN Requests about water service declarations . . . . . . . . 326
360ZCO Making recommendation . . . . . . . . . . . . . . . . . . . . . . 327
360ZCP Recommendation without request . . . . . . . . . . . . . . . 328
360ZCQ Factors affecting making of recommendation. . . . . . . 328
Subdivision 2 Declaration by Minister
360ZCR Making water service declaration . . . . . . . . . . . . . . . . 329
360ZCS Factors affecting making of water service declaration 329
360ZCT Content of water service declaration . . . . . . . . . . . . . 329
360ZCU When water service declaration takes effect . . . . . . . 330
Subdivision 3 Register
360ZCV Register of water service declarations . . . . . . . . . . . . 330
360ZCW Declarations register to be available for public
inspection ............................ 331
Division 3 South East Queensland Water Market Rules
Subdivision 1 Making market rules
360ZCX Market rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
360ZCY Content of market rules . . . . . . . . . . . . . . . . . . . . . . . 331
360ZCZ When market rules take effect . . . . . . . . . . . . . . . . . . 332
360ZDA Tabling of market rules . . . . . . . . . . . . . . . . . . . . . . . . 333
360ZDB Public notification of market rules. . . . . . . . . . . . . . . . 333
360ZDC Review of market rules . . . . . . . . . . . . . . . . . . . . . . . . 333
Subdivision 2 Grid contract documents and registered grid
participants
360ZDD Grid contract document . . . . . . . . . . . . . . . . . . . . . . . 334
360ZDE Effect of grid contract document. . . . . . . . . . . . . . . . . 335
Subdivision 3 Registered grid participants
360ZDF Registration process provided in market rules . . . . . . 335
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Water Supply (Safety and Reliability) Bill 2008
Contents
360ZDG Relationship between water grid manager and
registered grid participants. . . . . . . . . . . . . . . . . . . . . 335
360ZDH Transfer of registration . . . . . . . . . . . . . . . . . . . . . . . . 336
Subdivision 4 Liability of registered grid participants and
water grid manager
360ZDI Limited liability of grid participants . . . . . . . . . . . . . . . 336
Subdivision 5 Offences relating to market rules
360ZDJ Compliance with market rules . . . . . . . . . . . . . . . . . . 339
Division 4 Transfer of particular authorities
360ZDK Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
360ZDL Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
360ZDM The transfer scheme. . . . . . . . . . . . . . . . . . . . . . . . . . 340
360ZDN Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
360ZDO Process after transfer notice. . . . . . . . . . . . . . . . . . . . 343
360ZDP Continuing authorities. . . . . . . . . . . . . . . . . . . . . . . . . 344
360ZDQ References in supply agreements to particular
transferring entities . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
714 Omission of ch 3 (Infrastructure and service). . . . . . . . . . . . . . . . 345
715 Amendment of s 696 (Procedure before authority is dissolved to
convert to an alternative institutional structure) . . . . . . . . . . . . . . 345
716 Amendment of s 701 (Definitions for div 3) . . . . . . . . . . . . . . . . . 346
717 Insertion of new s 701A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
701A Notification for conversion to 2 or more alternative
institutional structures. . . . . . . . . . . . . . . . . . . . . . . . . 346
718 Amendment of s 702 (Vesting of assets, rights and liabilities) . . . 347
719 Amendment of s 703 (Continuing legal proceedings) . . . . . . . . . 347
720 Amendment of s 704 (Existing employees) . . . . . . . . . . . . . . . . . 347
721 Amendment of s 705 (State undertakes non-transferable civil
liability) ....................................... 348
722 Amendment of s 758 (Power to require name and address) . . . . 348
723 Omission of ch 5, pt 3, div 2 (Offences for chapter 3) . . . . . . . . . 349
724 Amendment of ch 6, hdg (Reviews, appeals and arbitration) . . . . 349
725 Amendment of s 851 (Who is an interested person) . . . . . . . . . . 349
726 Amendment of s 862 (Who may apply for internal review) . . . . . . 350
727 Amendment of s 864 (Review decision) . . . . . . . . . . . . . . . . . . . . 350
728 Amendment of s 865 (Stay of operation of original decision) . . . . 351
729 Amendment of s 877 (Who may appeal) . . . . . . . . . . . . . . . . . . . 351
730 Omission of ch 6, pt 4 (Arbitration) . . . . . . . . . . . . . . . . . . . . . . . . 352
Page 22
Water Supply (Safety and Reliability) Bill 2008
Contents
731 Amendment of s 920 (Appointments and authority) . . . . . . . . . . . 352
732 Amendment of s 932 (Proceedings for offences) . . . . . . . . . . . . . 352
733 Amendment of s 955 (Governor in Council may appoint
administrator to operate infrastructure) . . . . . . . . . . . . . . . . . . . . 353
734 Omission of ss 957 and 958. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
735 Amendment of s 966 (Additional criteria for assessing
development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
736 Amendment of s 967 (IPA approval for development is subject
to approval under this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
737 Omission of s 971 (Development applications for referable
dams) ........................................ 354
738 Insertion of new ch 8, pts 3A and 3B . . . . . . . . . . . . . . . . . . . . . . 355
Part 3A Authority held by Mount Isa Mines Limited
992A Authority held by Mount Isa Mines Limited under
special agreement Act . . . . . . . . . . . . . . . . . . . . . . . . 355
Part 3B SEQ Water
992B Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
992C Requirement for supply contract. . . . . . . . . . . . . . . . . 356
992D Chief executive may approve standard supply
contract ............................. 357
992E Customer of a service provider . . . . . . . . . . . . . . . . . 357
992F Cost of installing and maintaining meters. . . . . . . . . . 357
739 Amendment of s 1006 (Declarations about watercourses). . . . . . 358
740 Amendment of s 1007 (Records to be kept in registries) . . . . . . . 358
741 Amendment of s 1009 (Public inspection and purchase of
documents) .................................... 358
742 Amendment of s 1010A (Non-disclosure of commercially
sensitive information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
743 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 359
744 Amendment of s 1046 (Declared subartesian areas). . . . . . . . . . 359
745 Insertion of new ch 9, pt 5, div 11. . . . . . . . . . . . . . . . . . . . . . . . . 360
Division 11 Transitional provisions for Water Supply
(Safety and Reliability) Act 2008
1161 Declared water services . . . . . . . . . . . . . . . . . . . . . . . 360
1162 Grid customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
1163 Changing source of water supplied under supply
contact .............................. 361
1164 Existing water supply agreements end. . . . . . . . . . . . 362
Page 23
Water Supply (Safety and Reliability) Bill 2008
Contents
1165 References to particular entities in relevant water
resource plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
1166 Codes for assessment under the Integrated
Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
1167 Amendment of water resource plans . . . . . . . . . . . . . 364
746 Omission of sch 1 (Prohibited substances) . . . . . . . . . . . . . . . . . 364
747 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 364
Part 5 Amendment of Water and Other Legislation Amendment
Act 2007
748 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
749 Omission of s 92 (Insertion of new ch 3, pt 3, div 2B) . . . . . . . . . 371
750 Amendment of s 103 (Insertion of new ch 9, pt 5, div 9) . . . . . . . 371
Chapter 11 Consequential and minor amendments
751 Laws amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
Schedule 1 Prohibited substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
Schedule 2 Consequential and minor amendments . . . . . . . . . . . . . . . . . 374
Body Corporate and Community Management Act 1997. . . . . . . 374
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374
Geothermal Exploration Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . 374
Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
Land Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
Land Title Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . 378
South East Queensland Water (Restructuring) Act 2007 . . . . . . . 380
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382
Water Resource (Fitzroy Basin) Plan 1999 . . . . . . . . . . . . . . . . . 387
Water Resource (Gold Coast) Plan 2006 . . . . . . . . . . . . . . . . . . . 387
Water Resource (Logan Basin) Plan 2007 . . . . . . . . . . . . . . . . . . 389
Water Resource (Mary Basin) Plan 2006 . . . . . . . . . . . . . . . . . . . 390
Water Resource (Moreton) Plan 2007 . . . . . . . . . . . . . . . . . . . . . 390
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
Page 24
2008
A Bill
for
An Act to provide for the safety and reliability of water supply
and to amend other Acts for particular water related purposes
Water Supply (Safety and Reliability) Bill 2008
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Water Supply (Safety and 4
Reliability) Act 2008. 5
Editor's note-- 6
Some section numbers have been deliberately left blank at the end of 7
some parts because of the size and complexity of this Act. If this Act is 8
amended in the future, this will assist in adding sections. 9
2 Commencement 10
(1) Sections 677 to 679 commence on 1 August 2008. 11
(2) The remaining provisions of this Act, other than the following 12
provisions, commence on a day to be fixed by proclamation-- 13
· chapter 10, part 3, other than section 663 14
· sections 666, 674 to 676, 680 to 682, 684 to 692, 695, 15
696, 715 to 721, 735(1) to (3) and 736 16
· section 738, to the extent it inserts part 3A 17
· sections 739, 743 and 744 18
· section 745, to the extent it inserts division 11 heading 19
and sections 1166 and 1167 20
· section 747(3) 21
· chapter 11 22
· schedule 2, amendment of the Water Resource (Fitzroy 23
Basin) Plan 1999. 24
Page 26
Water Supply (Safety and Reliability) Bill 2008
Chapter 1 Preliminary
[s 3]
3 Purpose of Act and its achievement 1
(1) The purpose of this Act is to provide for the safety and 2
reliability of water supply. 3
(2) The purpose is achieved primarily by-- 4
(a) providing for-- 5
(i) a regulatory framework for providing water and 6
sewerage services in the State, including functions 7
and powers of service providers; and 8
(ii) a regulatory framework for providing recycled 9
water and drinking water quality, primarily for 10
protecting public health; and 11
(iii) the regulation of referable dams; and 12
(iv) flood mitigation responsibilities; and 13
(b) protecting the interests of customers of service 14
providers. 15
4 Definitions 16
The dictionary in schedule 3 defines particular words used in 17
this Act. 18
5 Act binds all persons 19
(1) This Act binds all persons, including the State, and, in so far 20
as the legislative power of the State permits, the 21
Commonwealth and the other States. 22
(2) Subsection (1) does not apply to-- 23
(a) the operation of the State Development and Public 24
Works Organisation Act 1971; or 25
(b) the powers of the coordinator-general under the State 26
Development and Public Works Organisation Act 1971. 27
Page 27
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 1 Preliminary
[s 6]
Chapter 2 Infrastructure and service 1
Part 1 Preliminary 2
6 Application of ch 2 to local governments 3
Nothing in this chapter affects the powers of a local 4
government or an authorised person under the Local 5
Government Act. 6
7 Sections 79 not used 7
See editor's note for section 1. 8
Part 2 The regulator 9
10 Who is the regulator 10
The regulator is the chief executive. 11
11 Regulator's general functions 12
(1) The regulator's general functions are-- 13
(a) to keep a register of service providers registered under 14
this Act; and 15
(b) to review and make recommendations about standards 16
and practices under this Act; and 17
(c) to monitor compliance with this Act; and 18
(d) to perform other functions given to the regulator under 19
this Act or another Act. 20
Page 28
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 2 The regulator
[s 12]
(2) In performing the regulator's functions, the regulator must 1
consider the purposes of this Act. 2
(3) In this section-- 3
function includes power. 4
12 Register of service providers 5
(1) The regulator must keep a register of service providers. 6
(2) The register may be kept in the form, including electronic 7
form, the regulator considers appropriate. 8
(3) The register must contain the following for each person 9
registered by the regulator as a service provider-- 10
(a) the service provider's name and contact details; 11
(b) the service provider's nominated contact officer; 12
(c) details of the infrastructure operated by the service 13
provider; 14
(d) if the service provider is not the operator of 15
infrastructure used for the relevant water or sewerage 16
service--the operator's name and contact details; 17
(e) the nature of the services offered by the service 18
provider; 19
(f) any other particulars the regulator considers necessary. 20
(4) The regulator must, as soon as practicable after 1 January in 21
each year, publish in the gazette a list of the service providers 22
registered as at 1 January in that year. 23
13 Requirement for service provider to give information 24
(1) The regulator may, by notice, require a service provider to 25
give the regulator, within a stated reasonable period, 26
information the regulator reasonably requires to perform the 27
regulator's functions. 28
Page 29
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 2 The regulator
[s 14]
(2) When making the requirement, the regulator must warn the 1
service provider it is an offence to fail to comply with the 2
requirement unless the service provider has a reasonable 3
excuse. 4
(3) The service provider must comply with the requirement 5
unless the service provider has a reasonable excuse. 6
Maximum penalty--200 penalty units. 7
(4) If the service provider is an individual, it is a reasonable 8
excuse for failing to comply with the requirement that giving 9
the information might tend to incriminate the service 10
provider. 11
(5) In this section-- 12
service provider includes any recycled water provider. 13
14 Annual reports 14
(1) The regulator may prepare annual reports under this part 15
about the regulator's activities. 16
(2) The reports may include information the regulator obtains 17
under part 4, division 9 or section 13 or 271. 18
Editor's note-- 19
part 4 (Service provider obligations), division 9 (Annual reports) or 20
section 13 (Requirement for service provider to give information) or 21
271(Annual reporting requirement) 22
15 Delegation by regulator 23
(1) The regulator may delegate the regulator's functions under 24
this Act to an appropriately qualified officer of the 25
department. 26
(2) A regulation may state a particular function of the regulator-- 27
(a) may not be delegated; or 28
(b) may be delegated only to a particular person. 29
Page 30
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 3 Service providers
[s 20]
(3) In this section-- 1
function includes power. 2
16 Sections 1619 not used 3
See editor's note for section 1. 4
Part 3 Service providers 5
Division 1 Registration of service providers 6
20 Who must apply for registration as a service provider 7
(1) The following persons must, before starting to operate as the 8
supplier of a water service, apply for registration as a service 9
provider-- 10
(a) a local government that owns infrastructure for 11
supplying water or sewerage services; 12
(b) a water authority that owns infrastructure for supplying 13
water or sewerage services; 14
(c) each person who is-- 15
(i) the owner of 1 or more elements of infrastructure 16
for supplying water or sewerage services for which 17
a charge is intended to be made; or 18
(ii) if a person is nominated in a regulation as a related 19
entity of a person mentioned in subparagraph 20
(i)--the person nominated. 21
(2) However, subsection (1) does not apply to a person who owns 22
infrastructure that produces and supplies recycled water 23
unless the person also owns other infrastructure for supplying 24
a water or sewerage service. 25
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21 Applying for registration as a service provider 1
(1) An application for registration as a service provider must be-- 2
(a) made to the regulator in the approved form; and 3
(b) supported by sufficient information to enable the 4
regulator to decide the application; and 5
(c) accompanied by the fee prescribed under a regulation. 6
(2) The regulator may require-- 7
(a) the applicant to give additional information about the 8
application; or 9
(b) the information included in the application, or the 10
additional information required under paragraph (a), to 11
be verified by statutory declaration. 12
22 Registration as a service provider 13
(1) If the regulator is satisfied the applicant has complied with 14
section 21, the regulator must-- 15
(a) register the applicant in the service provider register as a 16
service provider for the service shown in the 17
application; and 18
(b) give the applicant notice of the registration. 19
(2) The registration takes effect the day the regulator registers the 20
applicant in the register as a service provider. 21
23 Applying to amend service provider's details of 22
registration 23
(1) A service provider may apply to change the service provider's 24
details of registration in the service provider register by, for 25
example-- 26
(a) including a service or adding infrastructure for which 27
the service provider is not currently registered; or 28
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(b) removing a service or infrastructure for which the 1
service provider is currently registered. 2
(2) The application must be made to the regulator in the approved 3
form. 4
(3) On receiving the application the regulator must-- 5
(a) record the changes in the register; and 6
(b) give the service provider a copy of the service provider's 7
details, including the amendments, as registered in the 8
register. 9
24 Notice of transfer of infrastructure 10
(1) This section applies if a service provider (the transferor) 11
intends to transfer ownership of the service provider's 12
infrastructure for a registered service to another person (the 13
transferee). 14
(2) The transferor must give the regulator notice of the proposed 15
transfer. 16
(3) The notice must be-- 17
(a) in the approved form; and 18
(b) accompanied by the fee prescribed under a regulation. 19
(4) The regulator may require-- 20
(a) the transferor or transferee to give additional 21
information about the notice; or 22
(b) the information included in the notice, or the additional 23
information required under paragraph (a), to be verified 24
by statutory declaration. 25
25 Registering transferee as a service provider 26
(1) If the regulator is satisfied the transferor has complied with 27
section 24, the regulator must-- 28
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(a) cancel the transferor's registration as a service provider 1
for the infrastructure and services shown in the notice of 2
the proposed transfer; and 3
(b) register the transferee in the service provider register as 4
a service provider for the infrastructure and services; 5
and 6
(c) give the transferor notice of the cancellation under 7
paragraph (a); and 8
(d) give the transferee notice of the registration under 9
paragraph (b). 10
(2) The registration-- 11
(a) must not be on a day earlier than the day the regulator 12
received the notice of the proposed transfer; but 13
(b) may, if the transferor and transferee give their written 14
agreement, be on a later day. 15
(3) On registration-- 16
(a) the transferor stops being the service provider for the 17
infrastructure and services; and 18
(b) the transferee becomes the service provider for the 19
infrastructure and services. 20
(4) Subsection (5) applies if-- 21
(a) the ownership of infrastructure is transferred under this 22
section; and 23
(b) the regulator has given the transferor a compliance 24
notice before registration takes effect under subsection 25
(2); and 26
(c) the transferor has not complied with the notice. 27
(5) The transferee is taken to have been the service provider given 28
the notice. 29
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26 Notice of intention to stop operating as a service provider 1
(1) This section applies if-- 2
(a) a service provider is likely to stop supplying a registered 3
service; and 4
(b) there is no other entity willing to take over the operation 5
of all or part of the service provider's infrastructure for 6
the service. 7
(2) The service provider must give the regulator at least 60 8
business days notice of the possible stoppage unless the 9
service provider has a reasonable excuse for not giving the 10
notice. 11
Note-- 12
See section 530(1)(a) (Governor in Council may appoint administrator 13
to operate infrastructure). 14
Maximum penalty--1000 penalty units. 15
(3) The notice must-- 16
(a) be in the approved form; and 17
(b) state the day by which the service provider intends to 18
stop supplying the service. 19
(4) The regulator may require-- 20
(a) the service provider to give additional information about 21
the notice; or 22
(b) any information included in the notice, or any additional 23
information required under paragraph (a), to be verified 24
by statutory declaration. 25
(5) If the service provider fails, without reasonable excuse, to 26
comply with the requirement within the reasonable period 27
stated in the requirement, the notice given under subsection 28
(2) is of no effect. 29
(6) If the service provider continues supplying the service after 30
the day stated in the notice-- 31
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(a) the notice ceases to have effect as a notice for subsection 1
(2); and 2
(b) if the service provider is again likely to stop supplying 3
the service--the service provider must give a further 4
notice under subsection (2). 5
(7) If the service provider stops supplying the service, the service 6
provider must give the regulator notice within 5 business days 7
after stopping supply. 8
(8) The notice must-- 9
(a) be in the approved form; and 10
(b) state the day on which the provider stopped supplying 11
the service. 12
27 Cancellation of registration 13
If the regulator receives a notice under section 26(7), the 14
regulator must-- 15
(a) cancel the service provider's registration as a service 16
provider for the infrastructure and services shown in the 17
notice; and 18
(b) give the service provider notice of the cancellation 19
under paragraph (a). 20
28 Applying for cancellation of registration as service 21
provider 22
(1) A service provider may apply to the regulator to have the 23
provider's registration cancelled if the provider has not 24
supplied, and does not intend to start supplying, the service 25
for which the provider is registered. 26
(2) The application must be-- 27
(a) made in the approved form; and 28
(b) supported by sufficient information to enable the 29
regulator to decide the application. 30
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(3) The regulator may require-- 1
(a) the applicant to give additional information about the 2
application; or 3
(b) the information included in the application, or the 4
additional information required under paragraph (a), to 5
be verified by statutory declaration. 6
(4) If the regulator is satisfied the applicant has complied with 7
subsections (1), (2) and (3), the regulator must-- 8
(a) cancel the service provider's registration as a service 9
provider for the infrastructure and services shown in the 10
application; and 11
(b) give the service provider notice of the cancellation 12
under paragraph (a). 13
29 Registration as a service provider is not a right to water 14
entitlement or resource operations licence 15
To remove any doubt, it is declared that registration as a 16
service provider does not, of itself, entitle a service provider 17
to a water entitlement or a resource operations licence. 18
30 Reviewing and changing service provider registration 19
details 20
(1) Within 30 business days after 30 June each year, each service 21
provider must review the service provider's registration 22
details. 23
(2) If the details have changed since the last review, the service 24
provider must give the regulator notice of the change in the 25
approved form. 26
(3) On receiving the notice, the regulator must-- 27
(a) record the changes in the service provider register; and 28
(b) give the service provider a copy of the service provider's 29
details, including the changes, as registered in the 30
service provider register. 31
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Division 2 General powers of service providers 1
and authorised persons 2
31 Definition for div 2 3
In this division-- 4
place does not include a part of a place used for residential 5
purposes. 6
32 Application of div 2 7
This division applies only to the services for which a service 8
provider is registered. 9
33 Power to disconnect unauthorised connections 10
(1) This section applies if a person makes an unauthorised 11
connection to the service provider's infrastructure. 12
(2) The service provider may give the person a notice asking the 13
person to state, within the reasonable period stated in the 14
notice, why the service provider should not disconnect the 15
connection. 16
(3) The period stated in the notice must not be less than 48 hours 17
after the notice is given. 18
(4) If the service provider is not satisfied, within the period stated 19
in the notice, that the connection should not be 20
disconnected-- 21
(a) an authorised person of the service provider may enter 22
the place where the connection is and disconnect the 23
connection; and 24
(b) the service provider may recover from the person as a 25
debt-- 26
(i) the cost of the disconnection; and 27
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(ii) the value of any service used by the person through 1
the connection. 2
(5) However, if the connection is causing damage to the service 3
provider's infrastructure-- 4
(a) an authorised person may, without notice, enter the 5
place where the connection is and disconnect the 6
connection; and 7
(b) the service provider may recover from the person as a 8
debt-- 9
(i) the cost of the disconnection; and 10
(ii) the value of any service used by the person through 11
the connection. 12
(6) If an authorised person enters a place under subsection (5), the 13
authorised person must give the person who appears to the 14
authorised person to be the owner of, or in control of, the 15
place, a notice advising the purpose of the entry. 16
(7) If there is no person at the place at the time of the entry under 17
subsection (5), the authorised person must leave the notice at 18
the place in a conspicuous position and in a reasonably secure 19
way. 20
34 Power to direct remedial work 21
(1) This section applies to the owner of-- 22
(a) defective or improper equipment connected to, or 23
adversely affecting, a service provider's infrastructure; 24
or 25
(b) land on which there is situated vegetation or any other 26
thing adversely affecting the service provider's 27
infrastructure or ability to provide the services for which 28
the service provider is registered. 29
(2) The service provider may give the owner a notice to do work, 30
within the reasonable period stated in the notice, to-- 31
(a) rectify the equipment; or 32
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(b) remove the vegetation or other thing. 1
(3) If the owner does not do the work within the period stated in 2
the notice-- 3
(a) an authorised person may, under section 36, enter the 4
place where the work is required and do the work; and 5
(b) the service provider may recover from the owner as a 6
debt the cost of the work. 7
35 Power to install meters 8
(1) A service provider may install, or approve the installation of, 9
a meter in a position, decided by the service provider, on 10
infrastructure supplying water to premises. 11
(2) The meter is the property of the service provider even if it is 12
installed inside the boundary of the premises. 13
36 Power to enter places for restricted purposes 14
(1) An authorised person may enter a place to inspect, operate, 15
change, maintain, remove, repair or replace a service 16
provider's infrastructure, or install, under section 169, a 17
device to reduce the water supply to premises, at the place. 18
(2) However, the authorised person may enter the place at any 19
reasonable time only if-- 20
(a) the occupier consents to the entry; or 21
(b) the service provider has given the occupier at least 14 22
days notice of the entry and the purpose of the entry; or 23
(c) the service provider needs to take urgent action to 24
protect its infrastructure at the place. 25
(3) After entering the place, the authorised person may carry out 26
the activity that is the purpose of the entry. 27
(4) If an authorised person enters a place under subsection (2)(c), 28
the authorised person must give the person who appears to the 29
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authorised person to be the owner of, or in control of, the 1
place, a notice advising the purpose of the entry. 2
(5) If there is no person at the place at the time of the entry under 3
subsection (2)(b), the authorised person must leave the notice 4
at the place in a conspicuous position and in a reasonably 5
secure way. 6
(6) This section does not limit section 37. 7
37 Power to enter place to read, check, maintain or replace 8
meter 9
(1) An authorised person may enter a place at any reasonable 10
time-- 11
(a) to read a meter; or 12
(b) to check the accuracy of a meter; or 13
(c) to maintain or replace a meter. 14
(2) In this section-- 15
meter, in relation to a place, means a device, including 16
equipment related to the device, for measuring the volume of 17
water supplied to the place and installed on infrastructure that 18
supplies retail water services at the place. 19
38 Notice of damage 20
(1) This section applies if-- 21
(a) an authorised officer damages property when exercising 22
or purporting to exercise a power under this division; or 23
(b) a person (the other person) acting under the direction or 24
authority of an authorised officer damages property. 25
(2) The authorised officer must immediately give notice of 26
particulars of the damage to a person who appears to the 27
authorised officer to be an owner of the property. 28
(3) If the authorised officer believes the damage was caused by a 29
latent defect in the property or circumstances beyond the 30
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authorised officer's or other person's control, the authorised 1
officer may state the belief in the notice. 2
(4) If, for any reason, it is impracticable to comply with 3
subsection (2), the authorised officer must leave the notice 4
where the damage happened in a conspicuous position and in 5
a reasonably secure way. 6
(5) This section does not apply to damage the authorised officer 7
reasonably believes is trivial. 8
(6) In this section-- 9
owner, of property, includes a person in possession or control 10
of it. 11
39 Compensation 12
(1) If a person incurs loss or expense because of the exercise or 13
purported exercise of a power under this division, the person 14
may claim compensation from the service provider. 15
(2) Without limiting subsection (1), compensation may also be 16
claimed for loss or expense incurred in complying with a 17
requirement made of the person under this division. 18
(3) Compensation may be claimed and ordered to be paid in a 19
proceeding brought in a court with jurisdiction for the 20
recovery of the amount of compensation claimed. 21
(4) A court may order compensation to be paid only if it is 22
satisfied it is just to make the order in the circumstances of the 23
particular case. 24
(5) For this section, loss or expense does not include loss or 25
expense caused by the act of-- 26
(a) removing an unauthorised connection; or 27
(b) rectifying defective or improper equipment; or 28
(c) removing vegetation or any other thing. 29
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40 Recovery of costs 1
(1) This section applies if-- 2
(a) a person damages a service provider's infrastructure; or 3
(b) a service provider suffers loss because a person-- 4
(i) makes an unauthorised connection to the service 5
provider's infrastructure; or 6
(ii) discharges material, if it is not material the service 7
provider has authorised to be discharged, into the 8
service provider's infrastructure; or 9
(iii) interferes with the service provider's 10
infrastructure; or 11
(iv) pollutes the water in the service provider's 12
infrastructure. 13
(2) The service provider may recover from the person as a debt 14
the amount of the loss or the reasonable cost of repairing the 15
damage. 16
Division 3 Power to restrict water supply 17
41 Restricting water supply 18
(1) If a water service provider considers it necessary, the water 19
service provider may restrict-- 20
(a) the volume of water taken by or supplied to a customer 21
or type of customer; or 22
(b) the hours when water may be used on premises for 23
stated purposes; or 24
(c) the way water may be used on premises. 25
(2) The water service provider may impose a restriction under 26
subsection (1) (a service provider water restriction) only if-- 27
(a) there is an urgent need for it because of climatic 28
conditions or water conservation needs; or 29
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(b) the available water supply has fallen to a level at which 1
unrestricted use of the water is not in the public interest; 2
or 3
(c) the service provider has a reasonable and 4
comprehensive strategy for demand management for 5
water and the restriction is essential to ensure the aims 6
of the strategy are met; or 7
(d) the service provider has an outdoor water use 8
conservation plan and the restriction is a measure to be 9
implemented under the plan; or 10
(e) the Minister has published a notice under the Water Act, 11
section 22, or a regulation has been made under the 12
Water Act, section 23, and the restriction is for the 13
purposes of the notice or regulation; or 14
Editor's note-- 15
· Water Act, section 22 (Limiting or prohibiting taking, or 16
interfering with, water during emergencies) 17
· Water Act, section 23 (Regulation may limit taking or 18
interfering with water for 1 year) 19
(f) the water service provider is directed, under a water 20
supply emergency declaration, a water supply 21
emergency regulation or an approved water supply 22
emergency response, to impose the restriction; or 23
(g) the water service provider is directed by the regulator, 24
under section 42(2), to impose the restriction. 25
(3) A water service provider may apply a restriction imposed 26
under subsection (1) to water taken from a rainwater tank 27
connected to the service provider's reticulated supply. 28
(4) However, a restriction imposed under subsection (1) must be 29
consistent with conditions contained in the service provider's 30
resource operations licence, interim resource operations 31
licence, water licence or water allocation, relating to the 32
supply of the water. 33
(5) A restriction may provide an exemption from all or part of the 34
restriction. 35
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(6) In this section, the power to restrict includes the power to 1
prohibit. 2
42 Regulator may direct restriction 3
(1) This section applies if the regulator considers-- 4
(a) there is a significant threat to sustainable and secure 5
water supply in an area outside the SEQ region or a 6
designated region; and 7
(b) it is necessary or desirable to impose a restriction under 8
section 41 on the area. 9
(2) The regulator may, after consultation with the water service 10
provider, direct the water service provider to-- 11
(a) impose a restriction, under section 41, in the area within 12
a stated period; and 13
(b) provide a written response to the regulator, within a 14
stated period, stating the steps the water service provider 15
intends to take to ensure the restriction is complied with. 16
(3) A service provider to whom a direction is given under 17
subsection (2) must comply with the direction. 18
Maximum penalty--200 penalty units. 19
(4) If the regulator is satisfied the response is adequate to ensure 20
compliance with the restriction, the regulator must-- 21
(a) approve the response; and 22
(b) give the service provider notice of the approval. 23
(5) If the regulator is not satisfied the response is adequate to 24
ensure compliance with the restriction, the regulator must-- 25
(a) change the response to make it adequate; and 26
(b) approve the changed response; and 27
(c) give the service provider notice of the approval. 28
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(6) A service provider must comply with the approved response 1
by taking the steps stated in the response for ensuring the 2
restriction is complied with. 3
Maximum penalty for subsection (6)--200 penalty units. 4
43 Notice of service provider water restriction must be given 5
(1) A water service provider must give notice of a service 6
provider water restriction imposed by the service provider to 7
anyone affected by it in the way the service provider considers 8
appropriate having regard to the circumstances in which the 9
restriction is imposed. 10
(2) The service provider water restriction does not have effect 11
until the beginning of the day after the notice is given. 12
(3) A person must not contravene a service provider water 13
restriction. 14
Maximum penalty-- 15
(a) for a non-residential customer--1665 penalty units; or 16
(b) for any other person--200 penalty units. 17
(4) Subsections (5) and (6) apply if a water service provider, 18
directed under a water supply emergency declaration, a water 19
supply emergency regulation or an approved water supply 20
emergency response to impose service provider water 21
restrictions, does not comply with the direction. 22
(5) The Minister may give notice of the service provider water 23
restrictions, required under the declaration, regulation or 24
response to be imposed, to anyone affected by the restrictions 25
in the way the Minister considers appropriate. 26
(6) Notice given by the Minister under subsection (5)-- 27
(a) imposes the service provider water restrictions stated in 28
the notice; and 29
(b) is taken to be notice given by the service provider under 30
subsection (1). 31
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(7) Evidence of compliance with a relevant part of a service 1
provider water restriction includes-- 2
(a) an authorised person is satisfied the premises meets the 3
requirements for the restriction; or 4
(b) the person produces a certificate from a licensed 5
plumber certifying that the premises meets the 6
requirements for the restriction; or 7
(c) the person produces a statutory declaration declaring the 8
premises meets the requirements for the restriction. 9
44 Temporary interruptions to water supply 10
(1) A water service provider may shut off the water supply to 11
premises for the time reasonably necessary for the service 12
provider to perform work on the service provider's 13
infrastructure, including a property service. 14
(2) However, the service provider must give anyone likely to be 15
affected by the shutting off of the water supply at least 48 16
hours notice of its intention to shut off the water supply, 17
advising the reasons for shutting it off, and for how long it 18
will be shut off. 19
(3) Subsection (2) does not stop the service provider shutting off 20
its water supply, without notice, if there is-- 21
(a) a serious risk to public health; or 22
(b) a likelihood of serious injury to persons or damage to 23
property; or 24
(c) another emergency. 25
(4) If the service provider acts under subsection (3), the service 26
provider must give anyone likely to be affected by the 27
action-- 28
(a) notice of the action; and 29
(b) the reasons for the action; and 30
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(c) if the action is continuing when the notice is 1
given--notice about how long the action will continue. 2
Division 4 Authorised persons 3
45 Appointing authorised persons 4
A service provider may appoint a person to be an authorised 5
person of the service provider if-- 6
(a) the service provider is satisfied the person has the 7
necessary expertise or experience to be an authorised 8
person; or 9
(b) the person has satisfactorily finished training approved 10
by the service provider. 11
46 Authorised person's identity cards 12
(1) The service provider must give an identity card to each 13
authorised person. 14
(2) The identity card must-- 15
(a) contain a recent photograph of the person; and 16
(b) be signed by the person; and 17
(c) identify the person as an authorised person of the 18
service provider; and 19
(d) include an expiry date. 20
47 Failure to return identity card 21
A person who ceases to be an authorised person must give the 22
person's identity card to the service provider within 15 23
business days after the person ceases to be an authorised 24
person unless the person has a reasonable excuse. 25
Maximum penalty--50 penalty units. 26
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48 Producing and displaying identity card 1
(1) An authorised person may exercise a power under division 2 2
in relation to someone else (the other person) only if the 3
authorised person-- 4
(a) first produces the authorised person's identity card for 5
the other person's inspection; or 6
(b) has the identity card displayed so it is clearly visible to 7
the other person. 8
(2) However, if for any reason it is not practicable to comply with 9
subsection (1) before exercising the power, the authorised 10
person must produce the identity card for the other person's 11
inspection at the first reasonable opportunity. 12
Division 5 Liability of service providers 13
49 Liability of service providers for negligence 14
(1) A service provider, owner of land, operator of water 15
infrastructure, lessee of a service provider or operator (each 16
an affected party) is not liable for an event or circumstance 17
beyond the control of the affected party. 18
(2) Subsection (1)-- 19
(a) applies only if, in relation to the event or circumstance, 20
the affected party acted reasonably and without 21
negligence; and 22
(b) does not affect, or in any way limit, the liability of an 23
affected party for negligence. 24
(3) In this section-- 25
an event or circumstance means an event or circumstance 26
arising out of activities of the affected party under this Act, 27
including, for example-- 28
(a) the escape of water from water infrastructure or works; 29
and 30
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(b) flooding upstream or downstream of water 1
infrastructure or works; and 2
(c) contamination, or the quality, of water, including 3
manufactured water flowing, or released from, relevant 4
water infrastructure or works. 5
manufactured water means water, including desalinated or 6
recycled water or any substance resulting from the production 7
of desalinated or recycled water, from any source. 8
relevant water infrastructure includes-- 9
(a) infrastructure the subject of-- 10
(i) a water supply emergency declaration or water 11
supply emergency regulation; or 12
(ii) works to be undertaken, including works included 13
in a program of works approved by the Governor in 14
Council, under the State Development and Public 15
Works Organisation Act 1971; and 16
(b) a prescribed project under the State Development and 17
Public Works Organisation Act 1971; and 18
(c) infrastructure the Minister declares in a gazette notice to 19
be water infrastructure for the purposes of this section. 20
Division 6 Water efficiency management plans 21
50 Purpose of div 6 22
The purpose of this division is to promote water savings by 23
non-residential customers. 24
51 Application of div 6 25
(1) This division applies only for a non-residential customer-- 26
(a) outside the SEQ region or a designated region (the 27
region); and 28
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(b) who does not hold a water entitlement. 1
(2) However, if this division would not apply to a non-residential 2
customer because of subsection (1), but the customer takes 3
water from a water service provider in the region under 4
another arrangement, this division applies for the other 5
arrangement. 6
(3) Also-- 7
(a) if a customer to whom this division applies is also a 8
customer to whom the Water Act, chapter 2A, part 5, 9
division 3 applies, the customer is taken to be a 10
customer under that division only; and 11
Editor's note-- 12
Water Act, chapter 2A (Water supply and demand management), 13
part 5 (Implementation of and compliance with regional water 14
security programs), division 3 (Water efficiency management 15
plans) 16
(b) if a customer to whom this division applies is a customer 17
of more than 1 water service provider in the region, the 18
water service provider who provides the customer with 19
the most water is the water service provider for the 20
customer for this division. 21
52 When water efficiency management plan may be required 22
(1) The chief executive may, by written direction, require a water 23
service provider to give a customer, or type of customer, a 24
written notice-- 25
(a) to prepare a plan (a water efficiency management 26
plan); and 27
(b) to give it to the water service provider within the 28
reasonable period stated by the chief executive. 29
(2) The water service provider must comply with the direction. 30
Maximum penalty--500 penalty units. 31
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(3) A water service provider may, without direction, give a 1
customer, or type of customer, a written notice, approved by 2
the chief executive-- 3
(a) to prepare a plan (also a water efficiency management 4
plan); and 5
(b) to give it to the water service provider within the 6
reasonable period stated by the water service provider. 7
(4) The customer must comply with a notice given by the water 8
service provider under subsection (1) or (3). 9
Maximum penalty--500 penalty units. 10
(5) A plan prepared as a water efficiency management plan under 11
a requirement of a service provider water restriction is also a 12
water efficiency management plan for this section. 13
(6) This division applies to the preparation and approval of a plan 14
mentioned in subsection (1), (3) or (5). 15
53 Content of water efficiency management plan 16
(1) A water efficiency management plan prepared under section 17
52(1) must comply with any guidelines made by the chief 18
executive for preparing the plan. 19
(2) A water efficiency management plan prepared under section 20
52(3) must comply with-- 21
(a) any guidelines made by the chief executive for preparing 22
the plan; or 23
(b) if the chief executive has not made any guidelines--any 24
guidelines made by the water service provider for 25
preparing the plan. 26
(3) A water efficiency management plan must also state the 27
following-- 28
(a) the name of the customer and the location where the 29
plan applies; 30
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(b) an outline of the customer's current water use at the 1
location and the source of the water used; 2
(c) the water savings and efficiencies that will be achieved 3
by implementing the plan; 4
(d) the time frames for implementing the plan. 5
54 Approving water efficiency management plan 6
(1) For deciding whether or not to approve a water efficiency 7
management plan, the water service provider may require the 8
customer to give additional information about the plan within 9
the reasonable period stated by the water service provider. 10
(2) The water service provider must approve, with or without 11
conditions, or refuse to approve the plan-- 12
(a) if additional information is not required--within 60 13
business days after receiving the plan; or 14
(b) if additional information is required--within 60 15
business days of when the information is received or 16
should have been given, whichever is earlier. 17
(3) Within 10 business days after making a decision under 18
subsection (2), the water service provider must give the 19
customer an information notice. 20
(4) If the water service provider does not approve the plan, the 21
customer must-- 22
(a) amend the plan to address the reasons for the decision; 23
and 24
(b) within 20 business days after receiving a notice under 25
subsection (3) or the extended period under subsection 26
(5), give the water service provider the revised plan. 27
Maximum penalty--200 penalty units. 28
(5) The water service provider may extend the period of 20 29
business days mentioned in subsection (4). 30
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(6) This division applies for a revised plan, with any necessary 1
changes to give effect to the division. 2
(7) Chapter 7 applies for the information notice-- 3
(a) as if it were a notice given by a local government; and 4
(b) as if a reference to a local government were a reference 5
to the water service provider; and 6
(c) with any necessary changes to give effect to paragraphs 7
(a) and (b). 8
Editor's note-- 9
chapter 7 (Reviews, appeals and arbitration) 10
(8) The water service provider may recover from the customer as 11
a debt an application fee for the approval of the customer's 12
water efficiency management plan that is not more than the 13
cost to the water service provider of approving the plan. 14
55 Complying with water efficiency management plan 15
A customer must comply with the customer's approved water 16
efficiency management plan. 17
Maximum penalty--1665 penalty units. 18
56 Reporting under water efficiency management plan 19
(1) A customer to whom an approved water efficiency 20
management plan applies must give the water service provider 21
a written report each year advising-- 22
(a) the extent to which the plan has been implemented; and 23
(b) the water savings and efficiencies achieved by 24
implementing the plan; and 25
(c) any change of circumstances in relation to the matters 26
mentioned in section 57(1)(a). 27
Maximum penalty--100 penalty units. 28
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(2) The report must be given within 10 business days after the 1
anniversary day for the plan. 2
(3) The chief executive may at any time ask a water service 3
provider to give the chief executive-- 4
(a) a copy of an approved water efficiency management 5
plan; or 6
(b) information about a plan that has not yet been approved; 7
or 8
(c) a report summarising progress by the water service 9
provider's customers in achieving water savings and 10
efficiencies. 11
(4) The water service provider must comply with the request 12
within 20 business days. 13
Maximum penalty for subsection (4)--100 penalty units. 14
57 Amending or replacing water efficiency management 15
plan by chief executive direction 16
(1) This section applies if the chief executive is satisfied that there 17
is or there is likely to be-- 18
(a) a severe water supply shortage; or 19
(b) an increase in the severity of a water supply shortage. 20
(2) The chief executive may, by written direction, require a water 21
service provider to give a customer, or type of customer, a 22
written notice requiring the customer to-- 23
(a) amend an approved water efficiency management plan 24
and give it to the water service provider within the 25
reasonable period stated by the chief executive; or 26
(b) prepare a new water efficiency management plan and 27
give it to the water service provider within the 28
reasonable period stated by the chief executive. 29
(3) The water service provider must comply with the direction. 30
Maximum penalty--500 penalty units. 31
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(4) The customer must comply with a notice given under 1
subsection (2). 2
Maximum penalty--500 penalty units. 3
(5) This division, other than section 52, applies for preparing the 4
amended or new plan, with any necessary changes to give 5
effect to the division. 6
58 Amending or replacing water efficiency management 7
plan by water service provider direction 8
(1) This section applies if a water service provider is satisfied 9
that-- 10
(a) for a customer, or a type of customer, production output 11
or water consumption has increased significantly; or 12
(b) the cost effectiveness of implementing an approved 13
water efficiency management plan is likely to have 14
changed significantly; or 15
(c) there is or there is likely to be a severe water supply 16
shortage. 17
(2) The water service provider must give the customer a written 18
notice requiring the customer to-- 19
(a) amend the plan and give it to the water service provider 20
within the reasonable period stated by the water service 21
provider; or 22
(b) prepare a new water efficiency management plan and 23
give it to the water service provider within the 24
reasonable period stated by the water service provider. 25
(3) The customer must comply with the notice. 26
Maximum penalty--500 penalty units. 27
(4) This division, other than section 52, applies for preparing the 28
amended or new plan, with any necessary changes to give 29
effect to the division. 30
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59 Amending or replacing water efficiency management 1
plan by request 2
(1) A customer may request an amendment of an approved water 3
efficiency management plan or that a new water efficiency 4
management plan be prepared. 5
(2) If the water service provider approves the request the 6
customer must-- 7
(a) amend the plan and give it to the water service provider 8
within the reasonable period stated by the water service 9
provider; or 10
(b) prepare a new water efficiency management plan and 11
give it to the water service provider within the 12
reasonable period stated by the water service provider. 13
(3) This division, other than section 52, applies for preparing the 14
amended or new plan, with any necessary changes to give 15
effect to the division. 16
60 Notice to comply with water efficiency management plan 17
(1) This section applies if a water service provider is satisfied or 18
reasonably believes a customer to whom an approved water 19
efficiency management plan applies has not complied with the 20
plan. 21
(2) The water service provider may give the customer a notice 22
requiring the customer to comply with the plan within the 23
reasonable period stated in the notice. 24
61 Reviewing water efficiency management plans 25
(1) A water service provider must ensure a customer to whom an 26
approved water efficiency management plan applies reviews 27
the plan when the water service provider considers it 28
appropriate. 29
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(2) The customer must give the water service provider a copy of 1
the review report within the reasonable period stated by the 2
water service provider. 3
(3) A review must occur at least every 5 years. 4
Division 7 Miscellaneous 5
62 No charge for water in rainwater tank 6
A service provider must not make a charge for water that-- 7
(a) has been collected from a roof; and 8
(b) is in, or taken from, a rainwater tank. 9
63 Sections 6369 not used 10
See editor's note for section 1. 11
Part 4 Service provider obligations 12
Division 1 Strategic asset management plans 13
70 Requirement for strategic asset management plan 14
Each service provider must have an approved strategic asset 15
management plan for ensuring continuity of supply of each of 16
the service provider's registered services. 17
71 Preparing strategic asset management plan 18
(1) A service provider must prepare a strategic asset management 19
plan for approval by the regulator. 20
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(2) The plan must state the following matters-- 1
(a) the registered services to which the plan applies; 2
(b) the infrastructure for providing the services; 3
(c) standards for appropriate levels of service, including 4
customer service, and performance indicators for the 5
service; 6
(d) an operation, maintenance and renewals strategy that 7
demonstrates how each standard will be achieved. 8
(3) The plan must also-- 9
(a) identify the methodology used by the service provider 10
for developing the standards, including, for example, 11
cost considerations in deciding appropriate levels of 12
service; and 13
(b) state the service provider's proposed arrangements for 14
financing the implementation of the plan; and 15
(c) have regard to best practice industry standards for the 16
registered services; and 17
(d) demonstrate how the service provider will comply with 18
any system operating plan applying to the service 19
provider; and 20
(e) be prepared in accordance with the guidelines, if any, 21
made by the regulator for preparing the plan. 22
72 Certifying strategic asset management plan 23
(1) The strategic asset management plan must be certified by a 24
registered professional engineer as being appropriate for the 25
service provider's infrastructure and registered services. 26
(2) The certification must include the engineer's name and 27
registration details. 28
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73 Submitting strategic asset management plan for approval 1
The service provider must, within 1 year after the day the 2
service provider is registered, give a copy of the strategic asset 3
management plan to the regulator for approval. 4
Maximum penalty--500 penalty units. 5
74 Approving strategic asset management plan 6
(1) The regulator must, within 3 months after receiving the 7
strategic asset management plan, approve the plan and give 8
the service provider notice of the approval unless the regulator 9
is satisfied-- 10
(a) the plan was not certified by a registered professional 11
engineer; or 12
(b) the plan is inadequate in a material particular. 13
(2) The notice must also tell the service provider-- 14
(a) the intervals at which regular reviews of the approved 15
plan must be conducted; and 16
(b) if the regulator requires regular audits of the approved 17
plan under section 108--the intervals at which the 18
audits must be conducted. 19
(3) An interval mentioned in subsection (2)(a) must not be less 20
than 1 year. 21
(4) An interval mentioned in subsection (2)(b) must not be less 22
than 2 years. 23
(5) The regulator may obtain advice from an advisory council 24
before approving the plan. 25
75 Refusing to approve strategic asset management plan 26
(1) If the regulator is satisfied the plan has not been certified by a 27
registered professional engineer, the regulator must-- 28
(a) return the plan to the service provider; and 29
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(b) give the service provider a notice stating that the plan 1
must be-- 2
(i) certified by a registered professional engineer; and 3
(ii) returned to the regulator within the reasonable 4
period stated in the notice. 5
(2) If the regulator is satisfied the plan is inadequate in a material 6
particular, the regulator must return the plan to the service 7
provider and give the service provider an information notice. 8
(3) For deciding if a plan is inadequate in a material particular, 9
the regulator must take account of cost considerations for the 10
service provider and its customers in addressing the material 11
particular. 12
(4) The information notice must also state how the plan is 13
inadequate in a material particular and that-- 14
(a) the plan must be revised and returned to the regulator 15
within the reasonable period stated in the notice; or 16
(b) a new plan must be prepared, certified and given to the 17
regulator within the reasonable period stated in the 18
notice. 19
(5) The service provider must comply with the requirements 20
given to the provider under subsection (4) and give the 21
regulator a copy of the revised plan or new plan for approval 22
under section 74. 23
Maximum penalty for subsection (5)--500 penalty units. 24
76 Changing strategic asset management plan 25
(1) The service provider may, with the regulator's agreement, 26
change the strategic asset management plan after it is 27
approved. 28
(2) If the service provider has an approved recycled water 29
management plan, the regulator may, by notice given to the 30
provider, require the provider to change the strategic asset 31
management plan in the way, and within the reasonable 32
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period, stated in the notice to reflect the recycled water 1
management plan. 2
(3) The service provider must comply with a requirement under 3
subsection (2). 4
Maximum penalty--500 penalty units. 5
(4) The plan, as changed in the way agreed or required by the 6
regulator, is taken to be approved by the regulator. 7
77 Complying with approved strategic asset management 8
plan 9
The service provider must comply with the approved strategic 10
asset management plan when supplying the services to the 11
service provider's customers. 12
Maximum penalty--1665 penalty units. 13
Division 2 System leakage management plans 14
Subdivision 1 Preliminary 15
78 Application of div 2 16
This division applies to a water service provider other than a 17
water service provider who supplies only drainage services. 18
Subdivision 2 Preparing and submitting plan 19
79 Requirement for system leakage management plan 20
Each water service provider must have an approved system 21
leakage management plan directed at minimising water losses 22
from leakage from the water service provider's distribution 23
system. 24
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80 Preparing system leakage management plan 1
(1) A water service provider must prepare a system leakage 2
management plan for approval by the regulator. 3
(2) The plan must be prepared in accordance with any guidelines 4
made by the regulator for preparing the plan and state-- 5
(a) the registered services to which the plan applies; and 6
(b) the infrastructure for providing the services; and 7
(c) details of system leakage and how it was worked out; 8
and 9
(d) details of measures to reduce the leakage; and 10
(e) details of a cost-benefit analysis, for the distribution 11
system, in relation to implementing the measures; and 12
(f) the water service provider's plan for implementing, 13
including proposed timing for implementing, the 14
measures that are cost-effective to implement; and 15
(g) the amount of money the water service provider intends 16
to spend, and when the money is to be spent, to 17
implement the plan. 18
(3) The plan may be part of a document prepared for another 19
purpose if the part fulfils the requirements of subsection (3). 20
81 Certifying system leakage management plan 21
(1) The system leakage management plan must be certified by a 22
registered professional engineer as being appropriate for the 23
water service provider's infrastructure and registered services. 24
(2) The certification must include the engineer's name and 25
registration details. 26
82 Submitting system leakage management plan for 27
approval 28
The water service provider must, within 2 years after the day 29
the service provider is registered, give a copy of the system 30
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leakage management plan, prepared for the purposes of 1
section 80 and certified for the purposes of section 81, to the 2
regulator for approval. 3
Maximum penalty--200 penalty units. 4
Subdivision 3 Exemption from preparing plan 5
83 Application for exemption 6
(1) A water service provider may apply to the regulator for an 7
exemption from complying with subdivision 2. 8
(2) The application must be-- 9
(a) in the approved form; and 10
(b) supported by sufficient information to enable the 11
regulator to decide the application. 12
(3) For approval under section 84(1)(b)(iv), (v), (vi) or (vii), the 13
application must include details of the current water leakage 14
from the distribution system. 15
(4) Also, for approval under section 84(1)(b)(vii), the application 16
must include details of-- 17
(a) available measures to reduce the current water leakage; 18
and 19
(b) an analysis of whether the cost of implementing the 20
measures would outweigh the benefits to be gained. 21
(5) The application must be certified as being accurate for the 22
water service provider's infrastructure and registered 23
services-- 24
(a) for approval under section 84(1)(b)(i), (ii), (iii), (v) or 25
(vi)--by the chief executive officer, however named, of 26
the water service provider; or 27
(b) for approval under section 84(1)(b)(iv) or (vii)--by a 28
registered professional engineer. 29
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(6) A certification under subsection (5)(b) must include the 1
engineer's name and registration details. 2
84 Deciding the application 3
(1) The regulator must grant the application if-- 4
(a) the application complies with section 83; and 5
(b) the regulator is satisfied-- 6
(i) the water service provider's distribution system is 7
considered relatively new under guidelines made 8
by the regulator; or 9
(ii) the water service distributes underground water 10
from the Great Artesian Basin primarily for stock 11
and domestic purposes; or 12
(iii) the water service provider's distribution system is 13
designed to operate as a groundwater recharge 14
system; or 15
(iv) current water leakage from the distribution system 16
is considered low under the guidelines; or 17
(v) current water leakage from the distribution system 18
is considered high under the guidelines but the 19
water service provider does not have the financial 20
capacity to undertake a cost-benefit analysis for the 21
distribution system; or 22
(vi) current water leakage from the distribution system 23
is considered high under the guidelines but the cost 24
of undertaking a cost-benefit analysis for the 25
distribution system is more than the cost of the 26
water that could be recovered; or 27
(vii) a cost-benefit analysis for the distribution system 28
shows that it is not cost-effective to implement any 29
measures to reduce leakage. 30
(2) Otherwise, the regulator must refuse to grant the application. 31
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(3) Within 10 business days after deciding the application, the 1
regulator must give the water service provider an information 2
notice about the decision. 3
85 Conditions of exemption 4
(1) An exemption applies only for the period for which it is 5
granted. 6
(2) An exemption granted under section 84(1)(b)(iv), (v), (vi) or 7
(vii) is subject to the following conditions-- 8
(a) the water service provider must have in place a leakage 9
control system of a standard approved under guidelines 10
made by the regulator; 11
(b) the water service provider must, for each 2 year period 12
the exemption is in force, give the regulator a report on 13
the leakage levels. 14
(3) The exemption applies only if the conditions are complied 15
with. 16
86 Cancelling or amending an exemption 17
(1) If the circumstances under which an exemption was given 18
change, the water service provider must immediately give the 19
regulator notice of the change. 20
(2) The regulator may amend or cancel an exemption-- 21
(a) after receiving notice under subsection (1); or 22
(b) if the regulator otherwise becomes aware of a change in 23
the circumstances under which an exemption was given. 24
(3) If the regulator amends or cancels an exemption, the regulator 25
must give the water service provider an information notice 26
about the decision to amend or cancel. 27
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Subdivision 4 Approving or refusing to approve 1
plan 2
87 Approving system leakage management plan 3
(1) The regulator must, within 3 months after receiving, under 4
section 82, a system leakage management plan for approval, 5
approve the plan, and give the water service provider notice of 6
the approval, if the regulator is satisfied-- 7
(a) the plan was certified by a registered professional 8
engineer; and 9
(b) the plan is adequate in all material particulars. 10
(2) A notice given under subsection (1) must tell the water service 11
provider-- 12
(a) the intervals, of not less than 1 year, at which regular 13
reviews of the approved plan must be conducted; and 14
(b) if the regulator requires regular audits of the approved 15
plan under section 108--the intervals, of not less than 2 16
years, at which the audits must be conducted. 17
88 Refusing to approve system leakage management plan 18
(1) If the regulator is not satisfied that the system leakage 19
management plan has been certified by a registered 20
professional engineer, the regulator must-- 21
(a) return the plan to the water service provider; and 22
(b) give the water service provider a notice stating that the 23
plan must be-- 24
(i) certified by a registered professional engineer; and 25
(ii) returned to the regulator within the reasonable 26
period stated in the notice. 27
(2) The water service provider must comply with the notice. 28
Maximum penalty--200 penalty units. 29
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(3) If the regulator is not satisfied that the plan is adequate in all 1
material particulars, the regulator must return the plan to the 2
water service provider and give the service provider an 3
information notice about the decision not to approve the plan. 4
(4) For deciding if a plan is inadequate in a material particular, 5
the regulator must, in considering any material particular, take 6
account of cost considerations for the water service provider 7
and its customers. 8
(5) The information notice must also state how the plan is 9
inadequate in any material particular and include a 10
requirement that-- 11
(a) the plan be revised to make it adequate and returned to 12
the regulator within the reasonable period stated in the 13
notice; or 14
(b) a new plan that is adequate be prepared, certified and 15
given to the regulator within the reasonable period 16
stated in the notice. 17
(6) The water service provider must comply with a requirement 18
included in the information notice under subsection (5). 19
Maximum penalty for subsection (6)--200 penalty units. 20
89 Regulator may seek further information 21
(1) If the regulator is not satisfied about a matter mentioned in 22
section 87(1) in relation to a plan received, the regulator may 23
require the water service provider to provide further 24
information about the matter. 25
(2) If the water service provider does not provide the information 26
within the reasonable period stated in the request, the 27
regulator-- 28
(a) must refuse to approve the plan; and 29
(b) must give an information notice under section 88(3) 30
stating that the plan is inadequate on the basis that the 31
information has not been given. 32
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Subdivision 5 Miscellaneous 1
90 Changing system leakage management plan 2
(1) A water service provider may, with the regulator's agreement, 3
change a system leakage management plan after it is 4
approved. 5
(2) The plan, as changed in the way agreed by the regulator, is 6
taken to be approved by the regulator. 7
91 Complying with approved system leakage management 8
plan 9
A water service provider must comply with the provider's 10
approved system leakage management plan when supplying 11
water services to the service provider's customers. 12
Maximum penalty--200 penalty units. 13
Division 3 Drinking water quality management 14
Subdivision 1 Offences 15
92 Offence to carry out drinking water service without 16
approved drinking water quality management plan 17
A drinking water service provider must not carry out a 18
drinking water service unless there is an approved drinking 19
water quality management plan for the drinking water service. 20
Maximum penalty--1665 penalty units. 21
93 Offence about compliance with drinking water quality 22
management plan 23
A drinking water service provider who has an approved 24
drinking water quality management plan must comply with-- 25
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(a) the plan; and 1
(b) the conditions of the plan. 2
Maximum penalty--1665 penalty units. 3
Subdivision 2 Drinking water quality management 4
plans 5
94 Purpose of drinking water quality management plan 6
The purpose of a drinking water quality management plan is 7
to protect public health. 8
95 Preparing drinking water quality management plan 9
(1) Each drinking water service provider must prepare a drinking 10
water quality management plan for the provider's drinking 11
water service and apply to the regulator for approval of the 12
plan. 13
(2) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by-- 16
(i) a copy of the drinking water quality management 17
plan; and 18
(ii) the fee prescribed under a regulation. 19
(3) The drinking water quality management plan-- 20
(a) must be prepared in accordance with the guidelines, if 21
any, made by the regulator about preparing the plan; and 22
(b) must-- 23
(i) state the registered services to which the plan 24
applies; and 25
(ii) include details of the infrastructure for providing 26
the services; and 27
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(iii) identify the hazards and hazardous events the 1
drinking water service provider considers may 2
affect the quality of water to which the services 3
relate; and 4
(iv) include an assessment of the risks posed by the 5
hazards and hazardous events; and 6
(v) demonstrate how the drinking water service 7
provider intends to manage the risks posed by the 8
hazards and hazardous events; and 9
(vi) include details of the operational and verification 10
monitoring programs under the plan, including the 11
parameters to be used for indicating compliance 12
with the plan to the extent the plan requires the 13
provider to maintain water quality in accordance 14
with the water quality criteria for drinking water. 15
96 Additional information may be required 16
(1) The regulator may, by notice given to the drinking water 17
service provider, require the provider to give additional 18
information about the drinking water quality management 19
plan, including, for example, information about arrangements 20
relating to the supply of water to or from the provider's 21
drinking water service. 22
(2) If the drinking water service provider fails, without reasonable 23
excuse, to comply with the requirement within the reasonable 24
period stated in the notice, the application is taken to have 25
been withdrawn. 26
(3) A requirement under this section is an information 27
requirement. 28
97 Regulator may obtain advice about application 29
The regulator may obtain advice from an advisory council or 30
any other entity the regulator considers appropriate before 31
deciding the application. 32
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[s 98]
98 Consideration of application 1
(1) The regulator must consider each application and decide to 2
approve, with or without conditions, or refuse to approve, the 3
drinking water quality management plan-- 4
(a) if an information requirement is not made in relation to 5
the plan--within 3 months after receiving the plan; or 6
(b) if an information requirement is made in relation to the 7
plan--within 3 months after the requirement has been 8
complied with. 9
(2) In considering an application, the regulator must have regard 10
to the following-- 11
(a) the drinking water quality management plan and any 12
additional information about the plan given to the 13
regulator under section 96; 14
(b) the guidelines, if any, made by the regulator about 15
preparing the plan; 16
(c) any advice obtained by the regulator under section 97; 17
(d) the water quality criteria for drinking water. 18
99 Notice of decision 19
(1) Within 10 business days after deciding the application, the 20
regulator must give the drinking water service provider-- 21
(a) if the decision is to approve the drinking water quality 22
management plan without conditions--notice of the 23
decision; or 24
(b) if the decision is to approve the plan with conditions, or 25
refuse to approve the plan--an information notice for 26
the decision. 27
(2) If the regulator approves the drinking water quality 28
management plan, the notice of the decision or information 29
notice for the decision must state all of the following-- 30
(a) the conditions, if any, of the approval; 31
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(b) the intervals at which regular reviews of the approved 1
plan must be conducted; 2
(c) if the regulator requires regular audits of the approved 3
plan--the intervals at which the audits must be 4
conducted. 5
(3) An interval mentioned in subsection (2)(b) must not be less 6
than 1 year. 7
(4) An interval mentioned in subsection (2)(c) must not be less 8
than 2 years. 9
100 Amendment of drinking water quality management 10
plan--application 11
(1) This section applies if a drinking water service provider 12
proposes to amend the provider's approved drinking water 13
quality management plan. 14
(2) The drinking water service provider must apply to the 15
regulator for approval of the proposed amended drinking 16
water quality management plan. 17
(3) Sections 95(2) and (3) and 96 to 99 apply to the application-- 18
(a) as if a reference in the sections to the drinking water 19
quality management plan were a reference to the 20
amended drinking water quality management plan; and 21
(b) as if a reference in the sections to the plan were a 22
reference to the amended plan. 23
101 Amendment of drinking water quality management 24
plan--requirement of regulator 25
(1) The regulator may, under this section, require a drinking water 26
service provider to amend the provider's drinking water 27
quality management plan if the regulator is satisfied the 28
amendment is required to protect public health. 29
(2) Before requiring the drinking water service provider to amend 30
the drinking water quality management plan, the regulator 31
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must give the provider a show cause notice about the proposed 1
amendment. 2
(3) If, after considering all properly made submissions about the 3
proposed amendment, the regulator decides the proposed 4
amendment should be made, the regulator must-- 5
(a) give the drinking water service provider a notice 6
requiring the provider-- 7
(i) to amend the drinking water quality management 8
plan in the way stated in the notice; and 9
(ii) to give the regulator a copy of the amended plan, 10
within the reasonable period of at least 30 business 11
days stated in the notice, for approval; and 12
(b) give the drinking water service provider an information 13
notice for the decision. 14
(4) The drinking water service provider must comply with the 15
notice mentioned in subsection (3)(a). 16
Maximum penalty--1665 penalty units. 17
(5) If the regulator is satisfied the drinking water quality 18
management plan has been amended in the way stated in the 19
notice mentioned in subsection (3)(a)-- 20
(a) the plan as amended is taken to be the approved plan; 21
and 22
(b) the regulator must give the drinking water service 23
provider notice that the plan as amended is taken to be 24
the approved plan. 25
(6) The amended drinking water quality management plan takes 26
effect from the day the notice mentioned in subsection (5)(b) 27
is given to the drinking water service provider. 28
(7) If, after considering all properly made submissions about the 29
proposed amendment, the regulator decides the proposed 30
amendment should not be made, the regulator must give the 31
drinking water service provider notice that the plan need not 32
be amended. 33
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Subdivision 3 Miscellaneous 1
102 Notice of particular matter 2
(1) This section applies if a drinking water service provider 3
becomes aware that the quality of water supplied from the 4
provider's drinking water service does not comply with the 5
provider's drinking water quality management plan to the 6
extent the water's quality under the plan must be consistent 7
with any water quality criteria for drinking water. 8
(2) The drinking water service provider must, unless the provider 9
has a reasonable excuse, immediately give the regulator 10
details of the noncompliance and the circumstances that gave 11
rise to the noncompliance (the relevant information). 12
Maximum penalty--1665 penalty units. 13
(3) It is not a reasonable excuse for the drinking water service 14
provider to fail to give the relevant information that giving the 15
information might tend to incriminate the provider. 16
(4) However, if the drinking water service provider is an 17
individual, evidence of, or evidence directly or indirectly 18
derived from, the relevant information that might tend to 19
incriminate the provider is not admissible in evidence against 20
the provider in a civil or criminal proceeding, other than a 21
proceeding for an offence about the falsity of the information. 22
(5) If the drinking water service provider complies with 23
subsection (2) by giving the regulator the relevant information 24
orally, the provider must as soon as practicable give the 25
regulator notice of the relevant information in the approved 26
form. 27
Maximum penalty for subsection (5)--200 penalty units. 28
103 Requirement about giving water quality information 29
(1) This section applies if a drinking water service provider 30
obtains water for the provider's drinking water service from a 31
water storage or other infrastructure that is not part of a water 32
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service for which there is a drinking water quality 1
management plan. 2
(2) The drinking water service provider may, by notice given to 3
the service provider for the water storage or other 4
infrastructure, ask the service provider to give the drinking 5
water service provider the information reasonably required by 6
the provider about the quality of water in the water storage or 7
infrastructure. 8
(3) The notice must-- 9
(a) include enough details about the information reasonably 10
required to enable the service provider for the water 11
storage or other infrastructure to comply with the 12
request; and 13
(b) state the reasonable period within which the information 14
must be given. 15
(4) The service provider for the water storage or other 16
infrastructure must comply with the notice, unless the 17
provider has a reasonable excuse. 18
Maximum penalty--500 penalty units. 19
(5) The service provider for the water storage or other 20
infrastructure may recover from the drinking water service 21
provider the reasonable costs incurred by the service provider 22
in obtaining the information. 23
(6) The service provider for the water storage or other 24
infrastructure may recover, as a debt due to the service 25
provider, any amount the provider is entitled to recover under 26
subsection (5). 27
104 Requirement about operation of drinking water service 28
A drinking water service provider must ensure that there are 29
persons engaged in the operation of the provider's drinking 30
water service who have the qualifications or experience 31
prescribed under a regulation for section 586(2)(d)(i). 32
Maximum penalty--1665 penalty units. 33
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Division 4 Audit reports and reviews 1
105 Application of div 4 2
This division applies to strategic asset management plans, 3
system leakage management plans, drought management 4
plans and drinking water quality management plans. 5
106 Reviewing plans 6
(1) A service provider must regularly review the service 7
provider's strategic asset management plan, in accordance 8
with the notice given by the regulator under section 74. 9
Maximum penalty--500 penalty units. 10
(2) A service provider must regularly review the service 11
provider's system leakage management plan, in accordance 12
with the notice given by the regulator under section 87. 13
Maximum penalty--200 penalty units. 14
(3) The purpose of the review under subsection (1) or (2) is to 15
ensure the plan remains relevant having regard to best practice 16
industry standards for the types of services provided by the 17
service provider. 18
(4) A service provider must regularly review the service 19
provider's drinking water quality management plan, in 20
accordance with the notice given by the regulator under 21
section 99. 22
Maximum penalty--500 penalty units. 23
(5) The purpose of the review under subsection (4) is to ensure 24
the plan remains relevant having regard to the operation of the 25
water service provided by the service provider. 26
(6) The service provider must, in its annual report, state-- 27
(a) the outcome of any review under this section; and 28
(b) how the service provider has addressed matters raised in 29
the review. 30
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107 Changing plans following review 1
(1) Subsection (2) applies if a review of the strategic asset 2
management plan indicates the plan should be changed to 3
reflect best practice industry standards for the types of 4
services provided by the service provider. 5
(2) The service provider, within 30 business days after the review 6
ends, must give the regulator a modified strategic asset 7
management plan including the indicated changes. 8
(3) Sections 72, 74 and 75 apply to the modified plan. 9
Editor's note-- 10
sections 72 (Certifying strategic asset management plan), 74 11
(Approving strategic asset management plan) and 75 (Refusing to 12
approve strategic asset management plan) 13
(4) Within 30 business days after the review of a system leakage 14
management plan ends, the service provider must-- 15
(a) if the review indicates the plan needs to be changed to 16
reflect best practice industry standards for the types of 17
services provided by the service provider--give the 18
regulator a copy of a new plan indicating the actions 19
taken or planned to be taken and improvements made or 20
planned to be made since the plan being reviewed was 21
approved; or 22
(b) otherwise--give the regulator a further copy of the 23
existing plan. 24
Maximum penalty--200 penalty units. 25
(5) Sections 81, 87 and 88 apply to a plan given to the regulator 26
under subsection (4). 27
Editor's note-- 28
sections 81 (Certifying system leakage management plan), 87 29
(Approving system leakage management plan) and 88 (Refusing to 30
approve system leakage management plan) 31
(6) Subsection (7) applies if a review of a drinking water quality 32
management plan indicates the plan needs to be changed to 33
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reflect changes to the operation of the water service provided 1
by the service provider. 2
(7) Within 30 business days after the review ends, the service 3
provider must-- 4
(a) amend the drinking water quality management plan to 5
reflect the changes to the operation of the water service; 6
and 7
(b) apply to the regulator for approval of the amended plan. 8
Maximum penalty--200 penalty units. 9
(8) The amended drinking water quality management plan must 10
indicate the way the plan has been amended. 11
(9) Sections 95(2) and (3), and 96 to 99 apply to the application 12
for approval of the amended drinking water quality 13
management plan-- 14
(a) as if a reference in the sections to the drinking water 15
quality management plan were a reference to the 16
amended drinking water quality management plan; and 17
(b) as if a reference in the sections to the plan were a 18
reference to the amended plan. 19
108 Providing regular audit reports 20
(1) The service provider must, in accordance with the 21
requirements of this section, arrange for regular audit reports 22
about the service provider's plans and compliance with the 23
plans to be prepared and given to the regulator. 24
Maximum penalty-- 25
(a) in relation to a strategic asset management plan--500 26
penalty units; or 27
(b) in relation to a system leakage management plan--200 28
penalty units; or 29
(c) in relation to a drinking water quality management 30
plan--500 penalty units. 31
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(2) A regular audit report must be prepared in accordance with 1
the notice given by the regulator-- 2
(a) for a strategic asset management plan--under section 3
74; and 4
(b) for a system leakage management plan--under section 5
87; and 6
(c) for a drinking water quality management plan--under 7
section 99. 8
(3) The purpose of the regular audit report for a plan mentioned in 9
subsection (2)(a) or (b) is to-- 10
(a) verify the accuracy of performance data provided 11
through the annual report; and 12
(b) assess the service provider's technical ability to meet the 13
standards identified in the plan. 14
(4) The regular audit report for a plan mentioned in subsection 15
(2)(a) or (b) must be-- 16
(a) prepared by a registered professional engineer who is 17
not-- 18
(i) an employee of the service provider; or 19
(ii) the engineer who prepared or certified the plan; or 20
(iii) an engineer employed in operating the service 21
provider's infrastructure; and 22
(b) given to the regulator within 30 business days after its 23
completion; and 24
(c) available for inspection and purchase. 25
(5) The purpose of the regular audit report for a plan mentioned in 26
subsection (2)(c) is-- 27
(a) to verify the accuracy of the monitoring and 28
performance data provided to the regulator under the 29
plan; and 30
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(b) to assess the service provider's compliance with the 1
plan; and 2
(c) to assess the relevance of the plan in relation to the 3
provider's drinking water service. 4
(6) The regular audit report for a plan mentioned in subsection 5
(2)(c) must be-- 6
(a) prepared by a person, other than an employee of the 7
service provider or someone employed in operating the 8
service provider's infrastructure, who-- 9
(i) is certified under the Drinking Water-Quality 10
Management System Auditor Certification Scheme 11
to conduct an audit of the type to which the report 12
relates; or 13
(ii) has a qualification the regulator is satisfied is at 14
least equivalent to the qualification mentioned in 15
subparagraph (i); and 16
(b) prepared in accordance with the guidelines, if any, made 17
by the regulator about preparing regular audit reports; 18
and 19
(c) given to the regulator within 30 business days after its 20
completion; and 21
(d) available for inspection and purchase. 22
109 Declarations about regular audit report 23
(1) The regular audit report must be accompanied by a statutory 24
declaration by the service provider and the auditor. 25
(2) The service provider's declaration must be made-- 26
(a) if the service provider is an individual--by the service 27
provider; or 28
(b) if the service provider is a corporation--by an executive 29
officer of the corporation. 30
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(3) The service provider's declaration must state that the service 1
provider-- 2
(a) has not knowingly given any false or misleading 3
information to the auditor; and 4
(b) has given all relevant information to the auditor. 5
(4) The auditor's declaration must-- 6
(a) state the auditor's qualifications and experience relevant 7
to the audit; and 8
(b) state that the auditor has not knowingly included any 9
false, misleading or incomplete information in the 10
report; and 11
(c) state that the auditor has not knowingly failed to reveal 12
any relevant information or document to the regulator; 13
and 14
(d) certify that-- 15
(i) the report addresses the relevant matters for the 16
evaluation and is factually correct; and 17
(ii) the opinions expressed in it are honestly and 18
reasonably held. 19
110 Spot audits of plans 20
(1) Subsection (2) applies if-- 21
(a) the regulator is satisfied, or reasonably believes-- 22
(i) a service provider is not complying with the 23
service provider's strategic asset management plan, 24
system leakage management plan or drinking 25
water quality management plan; or 26
(ii) a service provider's strategic asset management 27
plan, system leakage management plan or drinking 28
water quality management plan is no longer 29
adequate for the service provider's registered 30
services; or 31
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(b) a service provider does not-- 1
(i) have an audit report prepared under section 108; or 2
(ii) give the regulator a copy of an audit report under 3
section 108. 4
(2) In addition to any regular audit mentioned in section 108, the 5
regulator may, by giving a service provider a show cause 6
notice, arrange for a spot audit report to be prepared about the 7
service provider's strategic asset management plan, system 8
leakage management plan or drinking water quality 9
management plan. 10
(3) The spot audit report for a strategic asset management plan or 11
system leakage management plan must be prepared by a 12
registered professional engineer. 13
(4) The spot audit report for a drinking water quality management 14
plan must be prepared by a person who-- 15
(a) is certified under the Drinking Water-Quality 16
Management System Auditor Certification Scheme to 17
conduct an audit of the type to which the report relates; 18
or 19
(b) has a qualification the regulator is satisfied is at least 20
equivalent to the qualification mentioned in paragraph 21
(a). 22
(5) The regulator must give the service provider a copy of the 23
report within 30 business days after its completion. 24
(6) Subsections (7) to (9) apply if the report states either or both 25
of the following-- 26
(a) the service provider's strategic asset management plan, 27
system leakage management plan or drinking water 28
quality management plan is inadequate in a material 29
particular; 30
(b) the service provider has not properly carried out the 31
plan. 32
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(7) The regulator must give the service provider an information 1
notice requiring the service provider, within the reasonable 2
period stated in the notice-- 3
(a) if subsection (6)(a) applies--to rectify the inadequacy; 4
or 5
(b) if subsection (6)(b) applies--to properly carry out the 6
plan. 7
(8) The service provider must comply with the notice unless the 8
service provider has a reasonable excuse. 9
Maximum penalty-- 10
(a) for a notice about a strategic asset management 11
plan--1665 penalty units; or 12
(b) for a notice about a system leakage management 13
plan--670 penalty units; or 14
(c) for a notice about a drinking water quality management 15
plan--1665 penalty units. 16
(9) The regulator may recover from the service provider an 17
amount equal to the cost of completing the report. 18
111 Declarations about spot audit report 19
(1) The spot audit report submitted to the regulator must be 20
accompanied by a statutory declaration by the auditor. 21
(2) The declaration must state the matters mentioned in section 22
109(4). 23
112 Access for conducting audit reports 24
(1) For conducting an audit under this division or the Water Act, 25
chapter 2A, part 5, division 2, subdivision 4, a service 26
provider must give the following persons free and 27
uninterrupted access to the service provider's infrastructure 28
and any records relating to the infrastructure-- 29
(a) the auditor; 30
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(b) any person employed or authorised by the auditor to 1
participate in conducting the audit. 2
Editor's note-- 3
Water Act, chapter 2A (Water supply and demand management), part 5 4
(Implementation of and compliance with regional water security 5
programs), division 2 (System operating plans), subdivision 4 (Spot 6
audit reports) 7
Maximum penalty--200 penalty units. 8
(2) However, the auditor and any person employed or authorised 9
by the auditor to participate in the conduct of the audit must 10
not enter the premises of a customer of the service provider 11
unless the customer agrees to the entry. 12
Division 5 Customer service standards 13
113 Purpose of div 5 14
The purpose of this division is to ensure customers who do not 15
have a contract with the service provider for the supply of 16
registered services (a service contract) are protected by 17
standards relating to the supply. 18
114 Application of div 5 19
(1) This division applies to a service provider if the service 20
provider does not have a service contract with all of its 21
customers. 22
(2) Sections 118 and 119 do not apply to a service provider that is 23
an agency to which the Ombudsman Act 2001 applies. 24
115 Preparing customer service standards 25
The service provider must, within 1 year after the service 26
provider is registered-- 27
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(a) prepare a customer service standard for the supply of its 1
registered service; and 2
(b) give a copy of the standard to both the regulator and all 3
customers of the service provider who do not have a 4
service contract. 5
116 Content of customer service standard 6
The customer service standard must state the following-- 7
(a) the level of service to be provided by the service 8
provider; 9
(b) the process for service connections, billing, metering, 10
accounting, customer consultation, complaints and 11
dispute resolution; 12
(c) any other matter stated in guidelines, if any, made by the 13
regulator for preparing customer service standards. 14
117 Complying with customer service standard 15
The service provider must comply with the customer service 16
standard when supplying services to the service provider's 17
customers who do not have a service contract. 18
118 Customer complaints 19
(1) This section applies if-- 20
(a) a customer who does not have a service contract 21
considers-- 22
(i) there is a significant deficiency in the customer 23
service standard; or 24
(ii) the service provider has not complied with the 25
standard; and 26
(b) the customer can not resolve the complaint through 27
negotiation with the service provider. 28
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(2) The customer may give the regulator notice of the complaint. 1
(3) If the customer gives the regulator a notice under subsection 2
(2), the regulator must-- 3
(a) give the service provider a copy of the notice; and 4
(b) inquire into the matter. 5
(4) After inquiring into the matter, the regulator must give the 6
service provider a notice-- 7
(a) if the service provider has not complied with the service 8
provider's customer service standard--requiring the 9
service provider to comply with the standard; or 10
(b) if the complaint highlights a deficiency in the 11
standard--requiring the service provider to revise the 12
standard; or 13
(c) if the regulator is satisfied no action is required in 14
relation to the complaint--stating that the regulator will 15
not take any further action. 16
(5) The notice is taken to be a compliance notice to which section 17
465(4) does not apply. 18
Editor's note-- 19
section 465 (Who may give compliance notice) 20
(6) The regulator must give the customer an information notice 21
about the action taken under subsection (4). 22
119 Revising customer service standard 23
If, under section 118, the regulator requires the service 24
provider to revise the customer service standard, the service 25
provider must-- 26
(a) revise the standard having regard to the complaint; and 27
(b) give the regulator, and each customer of the service 28
provider who does not have a service contract, a copy of 29
the revised standard. 30
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120 Reviewing customer service standard 1
(1) The service provider must review the customer service 2
standard each year. 3
(2) If, because of the review, the service provider changes the 4
standard, the service provider must give the regulator, and 5
each customer of the service provider who does not have a 6
service contract, a copy of the changed standard. 7
Division 6 Drought management plans 8
121 Purpose of div 6 9
The purpose of this division is to ensure water service 10
providers have drought management plans in place to 11
minimise the impact on communities of water shortages 12
caused by drought. 13
122 Application of div 6 14
This division applies to a water service provider but does not 15
apply to-- 16
(a) a water service provider to the extent the provider is 17
supplying water services to a customer who holds a 18
water entitlement; or 19
(b) a water service provider who supplies only drainage 20
services. 21
123 Preparing drought management plans 22
(1) Each water service provider must have a drought management 23
plan for-- 24
(a) each service area in which the water service provider 25
supplies a retail water service; and 26
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(b) if the water service provider is a water authority 1
established for an authority area--the authority area; 2
and 3
(c) if the water service provider is the owner of 1 or more 4
elements of infrastructure for supplying water services 5
for which a charge is intended to be made--each area in 6
which the water service provider supplies a water 7
service. 8
Note-- 9
Failure to comply with this provision results in a report being tabled in 10
the Legislative Assembly under section 131. 11
(2) In preparing the drought management plan, the water service 12
provider must-- 13
(a) consult with the water service provider's customers and, 14
if the water is being managed under an interim resource 15
operations licence or resource operations licence, the 16
holder of the interim resource operations licence or 17
resource operations licence; and 18
(b) consider the following-- 19
(i) the needs of classes of customers and whether the 20
needs vary according to the location to which 21
water is being supplied; 22
(ii) the likely future requirements of customers for 23
water; 24
(iii) the contractual rights of customers and classes of 25
customers; 26
(iv) the availability and proposed use of water from 27
various sources, including sources intended to be 28
used only in an emergency; and 29
(c) ensure the plan is consistent with any requirements, 30
about drought or critical water supply management-- 31
(i) under the resource operations plan for the area; or 32
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(ii) in a plan prepared under the resource operations 1
plan for the area; or 2
(iii) in a plan prepared for an interim resource 3
operations licence in the area. 4
(3) The drought management plan must be prepared in 5
accordance with any guidelines made by the regulator for 6
preparing the plan and state-- 7
(a) the registered water service and area to which the plan 8
applies; and 9
(b) the infrastructure for providing the services; and 10
(c) details of the situations in which the water service 11
provider intends to act under part 3, division 3 or take 12
other measures to minimise the impact of water 13
shortages; and 14
Editor's note-- 15
part 3 (Service providers), division 3 (Power to restrict water 16
supply) 17
(d) details of the actions intended to be taken under part 3, 18
division 3 or other measures intended to be taken. 19
(4) The drought management plan may be part of a document 20
prepared for another purpose if the part fulfils the 21
requirements of this section. 22
(5) In this section-- 23
authority area, for a water authority, see the Water Act, 24
section 548(1). 25
resource operations plan means a plan approved under the 26
Water Act, section 103(2). 27
124 Certifying drought management plan 28
The drought management plan must be certified by the chief 29
executive officer, however named, of the water service 30
provider as being the drought management plan for the 31
provider. 32
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125 Submitting drought management plan for registration 1
The water service provider must, within 1 year after the day 2
the service provider is registered for a water service-- 3
(a) prepare a drought management plan for the service; and 4
(b) give a copy of the plan to the regulator for registration. 5
126 Exemption from preparing drought management plan 6
(1) A water service provider may apply to the regulator for an 7
exemption from complying with this division for an area in 8
which the provider supplies a water service. 9
(2) The application must be-- 10
(a) in the approved form; and 11
(b) supported by sufficient information to enable the 12
regulator to decide the application. 13
(3) The regulator must approve the application if the regulator is 14
satisfied the water service provider supplies at least 70% of 15
the water service for the area from a source or sources that can 16
not be affected by drought. 17
Examples of sources-- 18
· desalinated sea water 19
· underground water from the Great Artesian Basin 20
(4) Unless the regulator is satisfied under subsection (3), the 21
regulator must refuse the application. 22
(5) Within 10 business days after deciding the application, the 23
regulator must give the water service provider an information 24
notice about the decision. 25
127 Cancelling or amending exemption from preparing 26
drought management plan 27
(1) If the circumstances under which an exemption was given 28
change, the water service provider must immediately give the 29
regulator notice of the change. 30
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(2) The regulator may amend or cancel an exemption-- 1
(a) after receiving notice under subsection (1) for the 2
exemption; or 3
(b) if the regulator becomes aware of a change in the 4
circumstances under which the exemption was given. 5
(3) If the regulator amends or cancels an exemption, the regulator 6
must give the water service provider an information notice 7
about the decision to amend or cancel the exemption. 8
128 Registering a drought management plan 9
(1) If the regulator is satisfied a drought management plan 10
complies with the registration criteria in any guidelines made 11
by the regulator for preparing the plan, the regulator must, as 12
soon as practicable after receiving a copy of the plan-- 13
(a) register the plan; and 14
(b) give the water service provider notice of the registration. 15
(2) The notice must also tell the water service provider the 16
intervals, of not less than 1 year, at which regular reviews of 17
the plan must be conducted. 18
(3) Registration under subsection (1) is not approval by the 19
regulator of the contents of the plan. 20
129 Changing a drought management plan 21
(1) The water service provider may change the drought 22
management plan after it is registered. 23
(2) As soon as practicable after changing the drought 24
management plan, the water service provider must-- 25
(a) have the changed plan certified under section 124; and 26
(b) give a copy of the changed plan to the regulator for 27
registration under section 128. 28
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130 Complying with drought management plan 1
The water service provider must comply with the drought 2
management plan when supplying water services to the 3
service provider's customers. 4
Maximum penalty--200 penalty units. 5
131 Tabling in Legislative Assembly 6
The Minister must, as soon as practicable after 1 January each 7
year-- 8
(a) prepare a list of the water service providers who-- 9
(i) do not have a drought management plan registered 10
under section 128; and 11
(ii) do not have an exemption under section 126 from 12
preparing a drought management plan; and 13
(b) table the list in the Legislative Assembly. 14
Division 7 Outdoor water use conservation 15
plan 16
132 Application of div 7 17
This division applies to a service provider who provides a 18
retail water service outside the SEQ region or a designated 19
region. 20
133 Water service provider to have outdoor water use 21
conservation plan 22
(1) Each water service provider must have a plan (an outdoor 23
water use conservation plan), for reducing outdoor water use 24
and promoting efficient outdoor water use by customers of the 25
service provider, that-- 26
(a) complies with subsection (2); and 27
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(b) is approved by the regulator. 1
Maximum penalty--200 penalty units. 2
(2) The plan must be prepared in accordance with any guidelines 3
made by the regulator for preparing the plan and state-- 4
(a) any service provider water restrictions imposed, or to be 5
imposed, by the service provider; and 6
(b) details of measures to reduce outdoor water use and 7
promote efficient outdoor water use by the service 8
provider's customers; and 9
(c) the way the service provider intends to implement the 10
measures, including the timing for implementing the 11
measures and the way the service provider intends to 12
ensure compliance with the measures. 13
(3) The plan may be part of a document prepared for another 14
purpose if the part fulfils the requirements of subsection (2). 15
(4) If a water service provider appeals a decision made by the 16
regulator under section 134(4), the provider does not 17
contravene subsection (1) in relation to the failure to have a 18
plan until the day the appeal is decided. 19
Note-- 20
See also section 627 (Application of provision about outdoor water use 21
conservation plan) for application of this section to particular water 22
service providers. 23
134 Approving outdoor water use conservation plan 24
(1) The regulator must, after receiving an outdoor water use 25
conservation plan for approval-- 26
(a) approve the plan and give the water service provider 27
notice of the approval; or 28
(b) return the plan to the water service provider and give the 29
service provider a notice-- 30
(i) stating how the plan must be changed to make it 31
comply with section 133(2); and 32
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(ii) requiring that the plan be amended in the way 1
stated and returned to the regulator within the 2
reasonable period stated in the notice. 3
(2) The water service provider must comply with a requirement 4
included in a notice given under subsection (1)(b). 5
Maximum penalty--200 penalty units. 6
(3) When considering whether to approve a plan, the regulator 7
must take account of cost considerations for the water service 8
provider and its customers. 9
(4) If, after considering the amended plan, the regulator decides 10
to refuse the plan, the regulator must give the water service 11
provider an information notice about the decision. 12
135 Changing outdoor water use conservation plan 13
(1) A water service provider may, with the regulator's agreement, 14
change an outdoor water use conservation plan after it is 15
approved. 16
(2) The plan, as changed in the way agreed by the regulator, is 17
taken to be approved by the regulator. 18
136 Complying with outdoor water use conservation plan 19
A water service provider must comply with the provider's 20
outdoor water use conservation plan when supplying water 21
services to the service provider's customers. 22
Maximum penalty--200 penalty units. 23
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Division 8 Other service provider obligations 1
Subdivision 1 Residential premises 2
137 Application of sdiv 1 3
This subdivision applies if-- 4
(a) a water service provider provides a retail water service 5
to residential premises; and 6
(b) the supply of water to the premises is measured and 7
charged by the water service provider, or a related local 8
government, only in relation to the premises; and 9
(c) the premises are not common property under the Body 10
Corporate and Community Management Act 1997 or the 11
Building Units and Group Titles Act 1980. 12
138 Guidelines for rate notice or account for supply of water 13
to residential premises 14
(1) A rate notice or account issued by the water service provider, 15
or the related local government, for the supply of water to the 16
residential premises, must comply with guidelines made by-- 17
(a) for the SEQ region or a designated region--the 18
commission; or 19
(b) for an area outside the SEQ region or a designated 20
region--the regulator. 21
Maximum penalty--200 penalty units. 22
(2) The guidelines may state-- 23
(a) the frequency at which a rate notice or account must be 24
issued for the supply of water to residential premises; 25
and 26
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(b) the type of information to be included in the rate notice 1
or account about the volume of water supplied to the 2
premises during each billing period for the premises. 3
(3) This section applies despite the Local Government Act, 4
sections 973(4) and 1008(3). 5
Note-- 6
See also section 606 (Application of provision about guidelines for rate 7
notice or account for water supply) for application of this section to 8
particular water service providers or a related local government. 9
139 Service provider to give occupier water advice 10
(1) This section applies if the owner of the residential premises is 11
not an occupier of the residential premises. 12
(2) The water service provider must give a notice (a water 13
advice), in the approved form, to an occupier of the premises 14
stating the volume of water supplied to the premises during 15
each billing period for the premises. 16
Maximum penalty--200 penalty units. 17
(3) The water advice must not include any information about any 18
other rates or charges mentioned in the Local Government 19
Act, section 963. 20
Editor's note-- 21
Local Government Act, section 963 (Power to make and levy rates and 22
charges) 23
(4) However, the water advice may include other information, 24
including information about-- 25
(a) ways to reduce the volume of water used at the 26
premises; or 27
(b) service provider water restrictions or commission water 28
restrictions applying to the premises. 29
(5) In this section-- 30
occupier, of residential premises, means a person who 31
ordinarily resides at the premises. 32
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Note-- 1
See also section 607 (Application of provision about water advices) for 2
application of this section to particular water service providers. 3
Subdivision 2 Premises with more than 1 4
sole-occupancy unit 5
140 Service provider to give information about water usage 6
(1) This section applies to premises if-- 7
(a) a building located on the premises includes more than 1 8
sole-occupancy unit; and 9
(b) after 1 January 2008 meters are installed in relation to a 10
compliance request made under the Plumbing and 11
Drainage Act 2002 after 31 December 2007-- 12
(i) for measuring the supply of water to each 13
sole-occupancy unit; and 14
(ii) on infrastructure that supplies retail water services 15
for the premises. 16
(2) A rate notice or account issued by a water service provider or 17
a related local government for the provision of a retail water 18
service to the premises must-- 19
(a) state the volume of water supplied through each meter 20
during each billing period for the premises; and 21
(b) the amount of the total charge for the retail water service 22
that relates to the volume of water supplied through each 23
meter. 24
(3) In this section-- 25
Building Code of Australia see the Plumbing and Drainage 26
Act 2002. 27
premises does not include scheme land under the Body 28
Corporate and Community Management Act 1997. 29
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sole-occupancy unit, in relation to a building, means-- 1
(a) a room or other part of the building for occupation by 2
one or a joint owner, lessee, tenant, or other occupier to 3
the exclusion of any other owner, lessee, tenant, or other 4
occupier, including, for example-- 5
(i) a dwelling; or 6
(ii) a room or suite of associated rooms in a building 7
classified under the Building Code of Australia as 8
a class 2, 4, 5, 6, 7 or 8 building; or 9
(b) any part of the building that is a common area. 10
Division 9 Annual reports 11
141 Service provider to report annually 12
(1) A service provider must prepare an annual report that 13
complies with section 142-- 14
(a) for each financial year after a financial year in which a 15
strategic asset management plan, system leakage 16
management plan or drinking water quality 17
management plan has been approved; and 18
(b) for each financial year after a financial year in which a 19
system operating plan applying to the service provider 20
has been made; and 21
(c) for each financial year after a financial year in which a 22
customer service standard has been given to the 23
regulator; and 24
(d) for each financial year after a financial year in which the 25
service provider gives a water advice to an occupier of 26
residential premises under section 139. 27
(2) An annual report mentioned in subsection (1)(a), (b), (c) or (d) 28
may be combined with 1 or both of the other reports 29
mentioned in the subsection. 30
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(3) The service provider must give a copy of an annual report to 1
the regulator within 120 business days after the end of the 2
financial year to which it relates. 3
Maximum penalty--500 penalty units. 4
(4) Subsections (1) and (3) do not apply to a service provider that 5
is-- 6
(a) a local government if-- 7
(i) the local government includes the information 8
mentioned in section 142 in a report required under 9
the Local Government Act, section 531; and 10
Editor's note-- 11
Local Government Act, section 531 (Annual report to be 12
prepared and adopted) 13
(ii) the local government gives a copy of the report to 14
the regulator within 30 business days after the 15
report is adopted; or 16
(b) the chief executive if-- 17
(i) the chief executive includes the information 18
mentioned in section 142 in a report required under 19
the Financial Administration and Audit Act 1977, 20
section 39; and 21
(ii) if the chief executive and the regulator are not the 22
same entity--the chief executive gives the 23
regulator a copy of the report within 30 business 24
days after the report is given to the Minister. 25
(5) A copy of a report mentioned in this section must be available 26
for inspection and purchase. 27
142 Contents of annual report 28
(1) For an annual report mentioned in section 141(1)(a) that 29
relates to a strategic asset management plan or system leakage 30
management plan, the report must-- 31
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(a) be prepared in accordance with the guidelines, if any, 1
made by the regulator about the preparation of annual 2
reports; and 3
(b) measure the service provider's performance for the 4
financial year for the services for which the service 5
provider is registered against the strategic asset 6
management plan and the system leakage management 7
plan for the services; and 8
(c) document the actions taken by the service provider to 9
implement the plan including the application of funds to 10
support implementation of the plan; and 11
(d) state the outcome of any review of the plan and how the 12
service provider has addressed matters raised in the 13
review; and 14
(e) contain a summary of the findings of and any 15
recommendations stated in an audit report given to the 16
regulator in the financial year to which the report relates. 17
(2) For an annual report mentioned in section 141(1)(a) that 18
relates to a drinking water quality management plan, the 19
report must-- 20
(a) be prepared in accordance with the guidelines, if any, 21
made by the regulator about the preparation of annual 22
reports; and 23
(b) document the actions taken by the drinking water 24
service provider to implement the plan; and 25
(c) state the outcome of any review of the plan in the 26
financial year to which the annual report relates, and 27
how the service provider has addressed matters raised in 28
the review; and 29
(d) contain a summary of the findings of, and any 30
recommendations stated in, an audit report about a 31
regular audit given to the regulator in the financial year; 32
and 33
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(e) contain a summary of the information given to the 1
regulator under section 102 in the financial year; and 2
Editor's note-- 3
section 102 (Notice of particular matter) 4
(f) contain a summary of the provider's compliance with 5
the plan in relation to the water quality criteria for 6
drinking water; and 7
(g) if the provider supplies drinking water to customers--a 8
summary of any complaints made to the provider about 9
the provider's drinking water service. 10
(3) For an annual report mentioned in section 141(1)(b), the 11
report must measure the service provider's performance with 12
the desired levels of service objectives and other obligations 13
and requirements that apply to the provider under the plan. 14
(4) For an annual report mentioned in section 141(1)(c), the 15
report must-- 16
(a) measure the service provider's performance for the 17
financial year for the services for which the service 18
provider is registered against the customer service 19
standard for the services; and 20
(b) state the outcome of any review of the standard and how 21
the service provider has addressed matters raised in the 22
review. 23
(5) For an annual report mentioned in section 141(1)(d), the 24
report must document the number of water advices given to 25
occupiers of residential premises and the nature of any 26
complaints received about the giving of water advices during 27
the period covered by the report. 28
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Division 10 Water for fire fighting 1
143 Application of div 10 2
This division applies to a service provider who provides a 3
retail water service. 4
144 No charge for water for fire fighting purposes 5
(1) A water service provider must not make a charge for water 6
taken from a fire fighting system or a service provider's 7
hydrant for fire fighting purposes. 8
(2) However, the service provider may fix either or both of the 9
following to any private fire fighting system-- 10
(a) a meter; 11
(b) a seal. 12
(3) Within 24 hours after a seal is broken, the occupier of the 13
premises must give the service provider written notice of the 14
breaking unless the occupier has a reasonable excuse. 15
Maximum penalty for subsection (3)--20 penalty units. 16
145 Water to be used only for fire fighting purposes 17
(1) A person must not take water from a fire fighting system or a 18
service provider's hydrant without the permission of the 19
service provider unless the water is taken for fire fighting 20
purposes. 21
Note-- 22
Under the Fire and Rescue Service Act 1990, section 53(2)(h), the 23
Queensland Fire and Rescue Service may take water for fire fighting 24
purposes from any source whether natural or artificial. 25
Maximum penalty--1000 penalty units. 26
(2) If a person is convicted of an offence against subsection (1), 27
the service provider may recover from the person as a debt the 28
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amount of the loss or the reasonable cost of repairing any 1
damage caused by the unlawful taking of the water. 2
Division 11 Exemptions for small service 3
providers 4
146 Small service providers may apply for exemption 5
(1) A small service provider may apply to the regulator for an 6
exemption from complying with-- 7
(a) divisions 1 and 4 in relation to a strategic asset 8
management plan; or 9
(b) division 5; or 10
(c) all or part of division 9 in relation to a strategic asset 11
management plan. 12
Editor's note-- 13
· divisions 1 (Strategic asset management plans) and 4 (Audit reports 14
and reviews) 15
· division 5 (Customer service standards) 16
· division 9 (Annual reports) 17
(2) The application must be in the approved form. 18
147 Deciding application for exemption 19
(1) This section applies if the regulator is satisfied it is not 20
reasonably practicable for the small service provider to 21
comply with 1 or more of the provisions mentioned in section 22
146(1)(a), (b) or (c) because the cost of complying would 23
outweigh the benefits. 24
(2) The regulator must grant the exemption, with or without 25
conditions. 26
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(3) In deciding the application, the regulator must have regard to 1
the guidelines, if any, made by the regulator for granting 2
exemptions under this division. 3
(4) If an exemption is given on conditions, the exemption 4
operates only if the conditions are complied with. 5
(5) If the regulator is not satisfied under subsection (1), the 6
regulator must refuse to grant the exemption. 7
148 Notice of decision on application for exemption 8
(1) If the regulator grants an exemption, the regulator must give 9
the service provider an information notice of the exemption. 10
(2) The regulator must also, as soon as is practicable after giving 11
an exemption, give notice of the exemption in the gazette. 12
(3) The gazette notice must state the following-- 13
(a) the small service provider to whom the exemption 14
applies; 15
(b) the registered service to which the exemption applies; 16
(c) the division, or divisions, to which the exemption 17
applies; 18
(d) any conditions to which the exemption is subject; 19
(e) any limit on the duration of the exemption. 20
(4) The Statutory Instruments Act 1992, sections 24 to 26, apply 21
to an exemption as if it were a statutory instrument. 22
Editor's note-- 23
Statutory Instruments Act 1992, sections 24 (Statutory instrument may 24
be of general or limited application), 25 (Statutory instrument may 25
make different provision for different categories) and 26 (Statutory 26
instrument may authorise determination etc. by specified person etc.) 27
(5) If the regulator refuses to grant the exemption, the regulator 28
must give the service provider an information notice about the 29
refusal. 30
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149 Cancelling or amending an exemption 1
(1) If the circumstances under which an exemption was given 2
change, the small service provider must immediately give the 3
regulator notice of the change. 4
(2) The regulator may amend or cancel an exemption-- 5
(a) after receiving a notice under subsection (1); or 6
(b) if the regulator becomes aware of a change in the 7
circumstances under which the exemption was given. 8
(3) If the regulator amends or cancels the exemption, the 9
regulator must-- 10
(a) give the service provider an information notice about the 11
amendment or cancellation; and 12
(b) as soon as is practicable after amending or cancelling 13
the exemption, give notice of the amendment or 14
cancellation in the gazette. 15
150 Sections 150159 not used 16
See editor's note for section 1. 17
Part 5 Service areas 18
Division 1 Preliminary 19
160 Application of pt 5 20
This part applies to a service provider who supplies a retail 21
water service or sewerage service in a service area. 22
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Division 2 Service areas 1
161 Declaration of service area 2
(1) A local government may, by resolution, declare-- 3
(a) all or part of its local government area to be a service 4
area for a retail water service or a sewerage service; and 5
(b) the service provider for the service area. 6
(2) A local government must not declare an entity, other than the 7
local government, to be the service provider for the area 8
unless the other entity agrees in writing to the declaration 9
before the declaration is made. 10
(3) A local government may, by resolution, amend the declaration 11
by adding an area to, or removing an area from, the service 12
area. 13
(4) A resolution must not be made under subsection (3) without 14
the written agreement of the service provider. 15
(5) A resolution under subsection (1) or (3) takes effect on-- 16
(a) if the declaration states a day--the day stated; or 17
(b) otherwise--the day the declaration is made. 18
(6) A local government must not declare an area to be a service 19
area for a retail water service or a sewerage service if the area 20
has already been declared for another retail water service or 21
sewerage service. 22
162 Notice of declaration of service area 23
If a local government makes or amends a declaration under 24
section 161, the local government must-- 25
(a) publish a notice of the declaration or amendment; and 26
(b) make the notice available for inspection and purchase 27
under the Local Government Act. 28
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163 Map of service area 1
(1) The service provider for a registered service in a service area 2
must keep a map showing, for the service-- 3
(a) the limits of the service area; and 4
(b) the location of the service provider's infrastructure. 5
(2) The service provider must-- 6
(a) if the service provider is not the local government--give 7
the local government a copy of the map; and 8
(b) update the map at least annually; and 9
(c) make the map available for inspection and purchase. 10
Division 3 Access to services in service areas 11
164 Access to service in service area 12
(1) The service provider must, to the greatest practicable extent, 13
ensure that-- 14
(a) all premises in the service area are able to be connected 15
directly and separately to the service provider's 16
infrastructure for the area; and 17
(b) if 2 or more premises are part of a premises group--the 18
premises group, rather than each individual premises, is 19
able to be connected, directly and separately to its 20
infrastructure; and 21
(c) the infrastructure can deal with the service requirements 22
of all premises in the service area; and 23
(d) for a retail water service--the design of its infrastructure 24
allows for a connection point at or within the boundary 25
of each premises connected to the service; and 26
(e) for a sewerage service--the design of its infrastructure 27
allows for a connection point-- 28
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(i) at or within the boundary of each premises 1
connected to the service; and 2
(ii) to the greatest practicable extent, at an invert level 3
below ground level at which the sanitary drain or 4
property sewer laid at minimum grade is capable of 5
servicing the premises. 6
(2) A property service is part of the service provider's 7
infrastructure for a water service or sewerage service. 8
165 Recovering cost of giving access to registered service 9
The service provider may recover from a customer the 10
reasonable cost of complying with section 164 for the 11
customer's premises. 12
166 When service provider not required to supply water in 13
service area 14
(1) This section applies if-- 15
(a) the owner of premises in the service area wants the 16
service provider to supply water to the premises; and 17
(b) the service provider can not supply water from its 18
infrastructure to the premises at a satisfactory pressure 19
because of physical constraints. 20
(2) The service provider must supply water to the premises if the 21
owner installs enough water storage tanks and pumps to 22
ensure that water can be supplied at a satisfactory pressure 23
and flow. 24
(3) The service provider may impose conditions on the 25
installation of the water storage tanks and pumps, including, 26
for example, a condition requiring that a pump installed on the 27
supply side of a water storage tank does not cause negative 28
pressures in the service provider's water main. 29
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Division 4 Connecting to registered services 1
167 Owner may ask for connection to service provider's 2
infrastructure 3
(1) This section applies if an owner of premises in the service 4
area asks the service provider to connect the owner's premises 5
to the service provider's infrastructure. 6
(2) The service provider must advise the owner of any work the 7
service provider considers reasonably necessary to be carried 8
out on the premises and any reasonable connection fee to 9
enable the premises to be connected to the infrastructure. 10
Note-- 11
If the work is self-assessable development or assessable development 12
under the Planning Act, that Act applies to the work. 13
(3) If the owner satisfactorily completes the work and pays the 14
connection fee, the service provider must connect the owner's 15
property to the infrastructure. 16
168 Notice requiring connection to registered service 17
(1) The service provider may, by notice given to the owner of 18
premises in the service area, require the owner to carry out 19
works for connecting the premises to a registered service. 20
(2) The notice must state-- 21
(a) the work to be carried out on the premises to enable the 22
service to be supplied; and 23
Note-- 24
The Planning Act provides for the process of granting approvals 25
for the work. 26
(b) a reasonable period, but not less than 20 business days, 27
for completing the work; and 28
(c) that the work must be completed within the stated 29
period or any extension of the period agreed to by the 30
service provider; and 31
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(d) anything else the owner must do to enable the service to 1
be supplied. 2
(3) The owner must comply with the notice unless the owner has 3
a reasonable excuse. 4
Maximum penalty--200 penalty units. 5
(4) When the owner has satisfactorily completed the work, the 6
service provider must connect the owner's premises to the 7
service provider's infrastructure. 8
Division 5 Restricting domestic water supply 9
169 Restricting domestic water supply in particular 10
circumstances 11
(1) This section applies if-- 12
(a) premises used for domestic purposes are connected to a 13
water service; and 14
(b) the owner or occupier of the premises-- 15
(i) contravenes a service provider water restriction or 16
a commission water restriction; or 17
(ii) does not pay the rate or charge for the service; and 18
(c) the owner or occupier has been given a notice not to 19
continue to contravene the restriction or to pay the rate 20
or charge; and 21
(d) the owner or occupier continues to contravene the 22
restriction or refuses to pay the rate or charge. 23
(2) The service provider may reduce the water supply to the 24
premises to the minimum level necessary for the health and 25
sanitation purposes of the owner or occupier. 26
(3) However, the service provider must not completely shut off 27
the water supply to the premises. 28
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170 Sections 170179 not used 1
See editor's note for section 1. 2
Part 6 Trade waste 3
180 Trade waste approvals 4
(1) A local government that is a sewerage service provider may 5
give a person an approval (a trade waste approval) to 6
discharge trade waste into the local government's sewerage 7
infrastructure. 8
(2) Before giving the approval, the local government must 9
consider the effect of the proposed discharge on any existing 10
or potential re-use of waste water or sludge. 11
(3) The local government may give the approval only if the local 12
government is satisfied that-- 13
(a) having regard to the amount, type and strength of the 14
proposed discharge, the discharge will not harm the 15
sewerage or the health and safety of anyone working on 16
the sewerage; and 17
(b) the sewage treatment plant to treat the waste is capable 18
of treating the waste to an acceptable standard; and 19
(c) if the local government has an environmental plan about 20
trade waste management, within the meaning of the 21
Environmental Protection (Water Policy) 1997--the 22
proposed discharge into the sewerage is consistent with 23
the plan. 24
(4) The local government must not give an approval if the 25
regulator has given the local government a trade waste 26
compliance notice prohibiting the local government from 27
giving a trade waste approval for the discharge of trade waste 28
into its sewerage infrastructure. 29
Page 112
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 6 Trade waste
[s 181]
(5) In this section-- 1
sludge means semi-liquid solids settled from sewage in septic 2
tanks, arresters and sewage treatment plants. 3
waste water means the spent or used water of a community or 4
industry that contains dissolved or suspended matter. 5
181 Approval may be conditional 6
(1) The local government may give the trade waste approval on 7
conditions, including, for example, conditions about 1 or more 8
of the following-- 9
(a) the maximum daily quantity of trade waste that may be 10
discharged; 11
(b) the maximum permissible rate of the discharge; 12
(c) the permissible limits for the quality of the waste, 13
including limits for suspended solids, biochemical 14
oxygen demand, acidity and alkalinity; 15
(d) whether the waste must be treated before being 16
discharged into the local government's sewerage; 17
(e) the appropriate management of polluted areas, 18
including, for example, conditions requiring-- 19
(i) the building of a roof over a stated area to prevent 20
rainwater entering a sanitary drain or sewer; or 21
(ii) the paving of the floor of a stated area with an 22
approved impervious material and to a stated grade 23
to an outlet; or 24
(iii) the installation of an arrester or pre-treatment 25
device. 26
(2) If the regulator has given the local government a trade waste 27
compliance notice requiring the local government to impose 28
conditions stated in the notice about the discharge of trade 29
waste into its sewerage infrastructure, the trade waste 30
approval must be given subject to the conditions. 31
Page 113
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 6 Trade waste
[s 182]
182 Criteria for suspending or cancelling trade waste 1
approval 2
A local government may suspend or cancel a trade waste 3
approval (the proposed action) if the local government is 4
satisfied-- 5
(a) the approval holder has contravened a condition of the 6
approval; or 7
(b) the approval holder has contravened a provision of this 8
Act; or 9
(c) the approval is no longer appropriate because the 10
circumstances under which trade wastes are generated 11
by the holder have significantly changed since the 12
approval was given; or 13
(d) urgent action is necessary in the interests of public 14
health or safety to prevent environmental harm or 15
prevent damage to the local government's sewerage 16
system. 17
183 Suspending or cancelling trade waste approval 18
(1) Before the local government acts under section 182, the local 19
government must give the approval holder a show cause 20
notice about the proposed action. 21
(2) If, after considering any properly made submissions by the 22
approval holder, the local government is still satisfied the 23
proposed action should be taken, the local government may-- 24
(a) if the proposed action was to suspend the approval for a 25
stated period--suspend the approval for not longer than 26
the proposed suspension period; or 27
(b) if the proposed action was to cancel the 28
approval--either cancel the approval or suspend it for a 29
period. 30
(3) Within 30 business days after making a decision under 31
subsection (2), the local government must give the approval 32
holder an information notice about the decision. 33
Page 114
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 6 Trade waste
[s 184]
(4) If, after considering any properly made submissions by the 1
approval holder, the local government is not satisfied the 2
proposed action should be taken, the local government must 3
give the approval holder a notice about the decision. 4
(5) A decision under subsection (2), takes effect on the later of 5
the following-- 6
(a) the day the information notice is received by the 7
approval holder; 8
(b) the day stated in the notice. 9
184 Immediate suspension or cancellation 10
(1) Despite section 183(1), the local government may suspend or 11
cancel the approval without giving a show cause notice if the 12
local government considers urgent action is necessary-- 13
(a) in the interests of public health or safety; or 14
(b) to prevent environmental harm; or 15
(c) to prevent damage to the local government's sewerage 16
system. 17
(2) Also, a local government must cancel any trade waste 18
approval given by the local government if the local 19
government has been given a trade waste compliance notice 20
prohibiting the local government from giving a trade waste 21
approval for the discharge of trade waste into its sewerage 22
infrastructure. 23
(3) If the local government acts under subsection (1) or (2), the 24
local government must give the approval holder an 25
information notice about the action. 26
185 Amending trade waste approval 27
(1) This section applies if-- 28
(a) a local government receives a trade waste compliance 29
notice stating conditions the local government must 30
Page 115
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 7 Offences
[s 190]
impose on a trade waste approval for the discharge of 1
trade waste into its sewerage infrastructure; and 2
(b) a trade waste approval that has been given by the local 3
government is not consistent with the conditions 4
mentioned in paragraph (a). 5
(2) The local government must, by notice given to the approval 6
holder, amend the trade waste approval to ensure it is 7
consistent with the conditions mentioned in subsection (1)(a). 8
(3) The notice must, for the purpose of subsection (2)-- 9
(a) if the approval is subject to conditions--state how the 10
conditions of the approval are amended; and 11
(b) state any other conditions to which the approval is 12
subject. 13
(4) If the local government gives an approval holder a notice 14
under this section, the trade waste approval is taken to be 15
amended in the way stated in the notice when the notice is 16
given. 17
186 Sections 186189 not used 18
See editor's note for section 1. 19
Part 7 Offences 20
190 Supplying unauthorised services 21
A person must not supply a sewerage or water service unless 22
the person-- 23
(a) is a service provider for the service; or 24
Page 116
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 7 Offences
[s 191]
(b) is operating infrastructure for the service provider for 1
the service. 2
Maximum penalty--1000 penalty units. 3
191 Connecting to or disconnecting from service provider's 4
infrastructure without approval 5
A person must not, without the written consent of a service 6
provider, connect to, or disconnect from, the service 7
provider's infrastructure. 8
Maximum penalty--1000 penalty units. 9
192 Interfering with service provider's infrastructure 10
(1) A person must not, without the written consent of a service 11
provider, interfere with a service provider's infrastructure. 12
Maximum penalty--1000 penalty units. 13
(2) A person must not, without the written consent of a service 14
provider, build over, interfere with access to, increase or 15
reduce the cover over, or change the surface of land in a way 16
causing ponding of water over an access chamber for, a 17
service provider's infrastructure. 18
Maximum penalty--500 penalty units. 19
193 Discharging particular materials 20
(1) A service provider must not discharge trade waste into a local 21
government's infrastructure without the approval of the local 22
government under section 180. 23
Maximum penalty--1665 penalty units. 24
(2) A person, other than a service provider, must not discharge 25
trade waste into a local government's infrastructure without 26
the approval of the local government under section 180. 27
Maximum penalty--1665 penalty units. 28
Page 117
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 7 Offences
[s 194]
(3) A person must not discharge trade waste into a service 1
provider's infrastructure without the written consent of the 2
service provider. 3
Maximum penalty--1665 penalty units. 4
(4) A person must not discharge a prohibited substance, surface 5
water, soil, sand or rock into a service provider's 6
infrastructure. 7
Maximum penalty--1665 penalty units. 8
(5) A person must not discharge water from an ornamental pond, 9
a swimming pool or the filtration system of a swimming pool 10
into a service provider's infrastructure without the written 11
consent of the service provider. 12
Maximum penalty--500 penalty units. 13
194 Polluting water 14
A person must not do anything likely to pollute water in a 15
service provider's water service. 16
Maximum penalty--1000 penalty units. 17
195 Taking water without approval 18
(1) A person must not, without a service provider's written 19
approval, take water from a service provider's infrastructure. 20
Maximum penalty--1000 penalty units. 21
(2) If water is supplied to premises by a service provider's 22
infrastructure for domestic purposes, a person must not, 23
without the service provider's written approval, take water 24
from a supply pipe on the premises for use off the premises, 25
other than for the domestic purposes of the owner or occupier 26
of the premises. 27
Maximum penalty--1000 penalty units. 28
(3) However, a person may take water from a service provider's 29
infrastructure-- 30
Page 118
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 1 Particular offences
[s 196]
(a) for fire fighting purposes; or 1
(b) if the water is supplied for general public use. 2
Chapter 3 Recycled water 3
management 4
Part 1 Particular offences 5
196 Offence about supplying recycled water 6
(1) The recycled water provider for a single-entity recycled water 7
scheme must not supply recycled water under the scheme 8
unless there is an approved recycled water management plan 9
for the supply of the water. 10
Maximum penalty--1665 penalty units. 11
(2) A recycled water provider or other declared entity for a 12
multiple-entity recycled water scheme must not supply 13
recycled water under the scheme unless there is an approved 14
recycled water management plan for the supply of the water. 15
Maximum penalty--1665 penalty units. 16
(3) Subsection (1) does not apply to a recycled water provider 17
who supplies recycled water under an exemption for the 18
scheme. 19
197 Offences about compliance with exemption or recycled 20
water management plan 21
(1) A recycled water provider who has an exemption for the 22
provider's recycled water scheme must comply with the 23
conditions of the exemption. 24
Maximum penalty--1665 penalty units. 25
Page 119
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 200]
(2) A recycled water provider who has an approved recycled 1
water management plan for the provider's single-entity 2
recycled water scheme must comply with-- 3
(a) the plan; and 4
(b) the conditions of the plan. 5
Maximum penalty--1665 penalty units. 6
(3) The scheme manager and each recycled water provider or 7
other declared entity for a multiple-entity recycled water 8
scheme must comply with-- 9
(a) the approved recycled water management plan for the 10
scheme to the extent it applies to the scheme manager, 11
recycled water provider or other entity; and 12
(b) the conditions of the plan to the extent the conditions 13
apply to the scheme manager, recycled water provider or 14
other entity. 15
Maximum penalty--1665 penalty units. 16
198 Sections 198199 not used 17
See editor's note for section 1. 18
Part 2 Recycled water management 19
planning 20
200 Purpose of recycled water management plan 21
The purposes of a recycled water management plan are-- 22
(a) to protect public health; and 23
(b) if the plan is for a critical recycled water scheme--to 24
ensure the continuity of operation of the scheme. 25
Page 120
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 201]
201 Preparing particular plans 1
(1) The recycled water provider for a single-entity recycled water 2
scheme must prepare a recycled water management plan for 3
the scheme unless the provider has an exemption for the 4
scheme. 5
(2) The scheme manager for a multiple-entity recycled water 6
scheme must prepare a scheme manager plan for the scheme. 7
(3) Each recycled water provider and other declared entity for a 8
multiple-entity recycled water scheme must prepare a scheme 9
provider plan for the scheme. 10
(4) A recycled water management plan, scheme manager plan and 11
scheme provider plan must be prepared in accordance with the 12
guidelines, if any, made by the regulator about-- 13
(a) preparing recycled water management plans; and 14
(b) validating recycled water schemes. 15
(5) A recycled water management plan must-- 16
(a) describe the recycled water scheme to which the plan 17
relates; and 18
(b) include details of the infrastructure for the production or 19
supply of recycled water under the scheme, and how the 20
infrastructure is to be maintained; and 21
(c) identify the hazards and hazardous events that may 22
affect the quality of the recycled water; and 23
(d) include an assessment of the risks posed by the hazards 24
and hazardous events; and 25
(e) demonstrate how the risks posed by the hazards and 26
hazardous events are proposed to be managed; and 27
(f) include details of the operational and verification 28
monitoring programs under the plan, including the 29
parameters to be used for indicating compliance with 30
the plan to the extent the plan requires water quality to 31
be maintained in accordance with the water quality 32
criteria for recycled water. 33
Page 121
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 202]
202 Application for approval of recycled water management 1
plan 2
(1) The relevant entity for a recycled water scheme must apply to 3
the regulator for approval of the recycled water management 4
plan for the scheme. 5
(2) An application under this section must-- 6
(a) be in the approved form; and 7
(b) be accompanied by-- 8
(i) a copy of the recycled water management plan; and 9
(ii) the fee prescribed under a regulation. 10
(3) Subsection (4) applies if, under a recycled water scheme, 11
recycled water is proposed to be supplied to augment a supply 12
of drinking water. 13
(4) Despite subsection (1), a relevant entity for the recycled water 14
scheme must not apply for approval of the recycled water 15
management plan for the scheme unless there is an approved 16
validation program for the scheme. 17
203 Additional information may be required 18
(1) The regulator may, by notice given to the relevant entity, 19
require-- 20
(a) the entity to give additional information about the 21
recycled water management plan, including, for 22
example, information about arrangements relating to the 23
supply of recycled water under the scheme; or 24
(b) any information included in the plan, or any additional 25
information required under paragraph (a), to be verified 26
by statutory declaration. 27
(2) If the relevant entity fails, without reasonable excuse, to 28
comply with the requirement within the reasonable period 29
stated in the notice, the application is taken to have been 30
withdrawn. 31
Page 122
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 204]
(3) A requirement under this section is an information 1
requirement. 2
(4) In this section-- 3
relevant entity, in relation to a multiple-entity recycled water 4
scheme, includes any recycled water provider or other 5
declared entity for the scheme. 6
204 Regulator may obtain advice about application 7
The regulator may obtain advice from an advisory council or 8
any other entity the regulator considers appropriate before 9
deciding the application. 10
205 Consideration of application 11
(1) The regulator must consider each application and decide to 12
approve, with or without conditions (regulator conditions), or 13
refuse to approve, the recycled water management plan-- 14
(a) if an information requirement is not made in relation to 15
the plan--within 80 business days after receiving the 16
plan; or 17
(b) if an information requirement is made in relation to the 18
plan--within 80 business days after the requirement has 19
been complied with. 20
(2) In considering an application, the regulator must have regard 21
to the following-- 22
(a) the recycled water management plan and any additional 23
information about the plan given to the regulator under 24
section 203; 25
(b) the guidelines, if any, made by the regulator about 26
preparing recycled water management plans and 27
validating recycled water schemes; 28
(c) the approved validation program for the recycled water 29
scheme to which the plan relates, if the scheme involves 30
Page 123
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 206]
the supply of recycled water to augment a supply of 1
drinking water; 2
(d) any advice obtained by the regulator under section 204; 3
(e) the water quality criteria for recycled water. 4
206 Notice of decision 5
(1) Within 10 business days after deciding the application, the 6
regulator must give the relevant entity-- 7
(a) if the decision is to approve the recycled water 8
management plan without regulator conditions--notice 9
of the decision; or 10
(b) if the decision is to approve the plan with regulator 11
conditions, or refuse to approve the plan--an 12
information notice for the decision. 13
(2) If the regulator approves the recycled water management plan, 14
the notice of the decision or information notice for the 15
decision must state all of the following-- 16
(a) the regulator conditions, if any, of the approval; 17
(b) the intervals at which regular reviews of the approved 18
plan must be conducted; 19
(c) the intervals at which internal audits of the approved 20
plan must be conducted; 21
(d) the intervals at which regular audits of the approved plan 22
must be conducted. 23
(3) An interval mentioned in subsection (2)(b) must not be less 24
than-- 25
(a) if the recycled water management plan is for a critical 26
recycled water scheme--3 years; or 27
(b) otherwise--5 years. 28
(4) An interval mentioned in subsection (2)(c) must not be less 29
than 2 years. 30
Page 124
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 207]
(5) An interval mentioned in subsection (2)(d) is the interval 1
decided by the regulator. 2
207 When regulator must not approve recycled water 3
management plan 4
(1) This section applies to a recycled water scheme if-- 5
(a) recycled water is proposed to be supplied under the 6
scheme to augment a supply of drinking water; and 7
(b) the supply of the recycled water is into a water storage 8
of a drinking water service provider that, under chapter 9
2, part 4, division 3, must have a drinking water quality 10
management plan. 11
(2) The regulator must not approve the recycled water 12
management plan for the recycled water scheme unless there 13
is an approved drinking water quality management plan for 14
the water storage. 15
208 Statutory condition of approved recycled water 16
management plans 17
(1) An approved recycled water management plan for a 18
single-entity recycled water scheme is subject to the 19
conditions stated in subsections (2) and (3). 20
(2) If the recycled water provider for the scheme stops or intends 21
to stop the production or supply of recycled water under the 22
scheme, other than as provided for under the recycled water 23
management plan or permanently, the provider must as soon 24
as practicable give the regulator notice of the stoppage or 25
proposed stoppage. 26
(3) If the recycled water provider for the scheme becomes aware 27
that an entity to whom the provider supplies recycled water is 28
using the water other than in a way or for the purpose 29
provided for under the plan, the provider must stop supply of 30
the water to the entity. 31
Page 125
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 209]
(4) An approved recycled water management plan for a 1
multiple-entity recycled water scheme is subject to the 2
conditions stated in subsections (5) and (6). 3
(5) If a recycled water provider or other declared entity for the 4
scheme stops or intends to stop the production or supply of 5
recycled water under the scheme, other than as provided for 6
under the recycled water management plan or permanently, 7
the scheme manager for the scheme must as soon as 8
practicable give the regulator notice of the stoppage or 9
proposed stoppage. 10
(6) If a recycled water provider or other declared entity for the 11
scheme becomes aware that an entity to whom the provider or 12
declared entity supplies recycled water is using the water 13
other than in a way or for the purpose provided for under the 14
plan, the provider or declared entity must stop supply of the 15
water to the entity. 16
Note-- 17
For when a notice must be given to the regulator if supply of recycled 18
water is to stop permanently, see section 230. 19
209 Amending recycled water management plan by 20
agreement 21
(1) The relevant entity for a recycled water scheme may, with the 22
regulator's agreement, amend the recycled water management 23
plan for the scheme if the amendment-- 24
(a) is only to correct a minor error in the plan or make 25
another change that is not a change of substance; or 26
(b) is to record a change of name or change of ownership 27
of-- 28
(i) for a single-entity recycled water scheme--the 29
recycled water provider for the scheme; or 30
(ii) for a multiple-entity recycled water scheme--the 31
scheme manager, a recycled water provider or 32
other declared entity for the scheme. 33
Page 126
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 210]
(2) The recycled water management plan as amended is taken to 1
be the approved recycled water management plan. 2
210 Amendment of recycled water management plan for 3
single-entity recycled water scheme--requirement of 4
regulator 5
(1) The regulator may, under this section, require the recycled 6
water provider for a single-entity recycled water scheme to 7
amend the recycled water management plan for the scheme if 8
the regulator is satisfied the amendment is required-- 9
(a) to protect public health; or 10
(b) if the scheme is a critical recycled water scheme--to 11
ensure the continuity of operation of the scheme. 12
(2) Before requiring the recycled water provider to amend the 13
recycled water management plan, the regulator must give the 14
provider a show cause notice about the proposed amendment. 15
(3) If, after considering all properly made submissions about the 16
proposed amendment, the regulator decides the proposed 17
amendment should be made, the regulator must-- 18
(a) give the recycled water provider a notice requiring the 19
provider-- 20
(i) to amend the recycled water management plan in 21
the way stated in the notice; and 22
(ii) to give the regulator, within the reasonable period 23
of at least 30 business days stated in the notice, a 24
copy of the amended plan for approval; and 25
(b) give the provider an information notice for the decision. 26
(4) The recycled water provider must comply with the notice 27
mentioned in subsection (3)(a). 28
Maximum penalty--1665 penalty units. 29
(5) If the regulator is satisfied the recycled water management 30
plan has been amended in the way stated in the notice 31
mentioned in subsection (3)(a)-- 32
Page 127
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 211]
(a) the plan as amended is taken to be the approved plan; 1
and 2
(b) the regulator must give the recycled water provider 3
notice that the plan as amended is taken to be the 4
approved plan. 5
(6) The amended recycled water management plan takes effect 6
from the day the notice mentioned in subsection (5)(b) is 7
given to the recycled water provider. 8
(7) If, after considering all properly made submissions about the 9
proposed amendment, the regulator decides the proposed 10
amendment should not be made, the regulator must give the 11
recycled water provider notice that the plan need not be 12
amended. 13
211 Amendment of recycled water management plan for 14
multiple-entity recycled water scheme--requirement of 15
regulator 16
(1) The regulator may, under this section, require a scheme 17
manager or a declared entity for a multiple-entity recycled 18
water scheme to amend the manager's scheme manager plan 19
or the entity's scheme provider plan for the scheme if the 20
regulator is satisfied the amendment is required-- 21
(a) to protect public health; or 22
(b) if the scheme is a critical recycled water scheme--to 23
ensure the continuity of operation of the scheme. 24
(2) Before requiring the scheme manager or declared entity to 25
amend the scheme manager plan or scheme provider plan, the 26
regulator must-- 27
(a) give the manager or entity a show cause notice about the 28
proposed amendment; and 29
(b) give a copy of the show cause notice to-- 30
(i) for an amendment to a scheme manager 31
plan--each declared entity for the scheme; and 32
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Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 211]
(ii) for an amendment to a scheme provider plan--the 1
scheme manager for the scheme and any other 2
declared entity for the scheme. 3
(3) If, after considering all properly made submissions about the 4
proposed amendment, the regulator decides the proposed 5
amendment should be made, the regulator must-- 6
(a) give the scheme manager or declared entity a notice 7
requiring the manager or entity to amend the manager's 8
or entity's scheme manager plan or scheme provider 9
plan in the way stated in the notice; and 10
(b) give the scheme manager or declared entity, and any 11
other entity that gave the regulator a properly made 12
submission about the amendment, an information notice 13
for the decision. 14
(4) The scheme manager or declared entity must comply with the 15
notice mentioned in subsection (3)(a). 16
Maximum penalty--1665 penalty units. 17
(5) If a scheme manager plan or scheme provider plan for a 18
multiple-entity recycled water scheme is amended as required 19
under this section, the scheme manager for the scheme must 20
as soon as practicable give the regulator a copy of the 21
amended recycled water management plan for the scheme. 22
Maximum penalty--200 penalty units. 23
Note-- 24
A recycled water management plan for a multiple-entity recycled water 25
scheme consists of the scheme manager plan, and each scheme provider 26
plan, for the scheme. 27
(6) If the regulator is satisfied the recycled water management 28
plan has been amended in the way stated in the notice 29
mentioned in subsection (3)(a)-- 30
(a) the plan as amended is taken to be the approved plan; 31
and 32
(b) the regulator must give the scheme manager for the 33
recycled water scheme to which the plan relates notice 34
Page 129
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 212]
that the plan as amended is taken to be the approved 1
plan. 2
(7) The amended recycled water management plan takes effect 3
from the day the notice mentioned in subsection (6)(b) is 4
given to the scheme manager. 5
(8) If, after considering all properly made submissions about the 6
proposed amendment, the regulator decides the proposed 7
amendment should not be made, the regulator must give the 8
scheme manager and each declared entity for the scheme 9
notice that the plan need not be amended. 10
212 Amendment of recycled water management 11
plan--application 12
(1) This section applies if a recycled water management plan for a 13
recycled water scheme is proposed to be amended other than 14
under section 209, 210 or 211. 15
(2) The relevant entity for the recycled water scheme must apply 16
to the regulator for approval of the proposed amended 17
recycled water management plan. 18
(3) Sections 202(2), (3) and (4), and 203 to 208 apply to the 19
application-- 20
(a) as if a reference in the sections to the recycled water 21
management plan were a reference to the amended 22
recycled water management plan; and 23
(b) as if a reference in the sections to the plan were a 24
reference to the amended plan. 25
213 Suspending or cancelling recycled water management 26
plan if regulator is satisfied about particular matters 27
(1) The regulator may suspend or cancel a recycled water 28
management plan (the proposed action) if the regulator is 29
satisfied or reasonably believes the relevant entity or a 30
declared entity (each the responsible entity) for the recycled 31
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Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 213]
water scheme to which the plan relates has not complied 1
with-- 2
(a) the plan; or 3
(b) a condition of the plan; or 4
(c) a compliance notice. 5
(2) Before acting under subsection (1), the regulator must-- 6
(a) give the responsible entity a show cause notice about the 7
proposed action; and 8
(b) for a multiple-entity recycled water scheme, give a copy 9
of the show cause notice to-- 10
(i) the scheme manager for the scheme, if the scheme 11
manager is not the responsible entity; and 12
(ii) each declared entity for the scheme that is not the 13
responsible entity. 14
(3) If, after considering any properly made submissions about the 15
proposed action, the regulator decides the proposed action 16
should be taken, the regulator may-- 17
(a) if the proposed action was to suspend the recycled water 18
management plan--suspend the plan; or 19
(b) if the proposed action was to cancel the plan--either 20
cancel the plan or suspend it. 21
(4) If a recycled water management plan is suspended under this 22
section, the suspension ends when the resumption of supply of 23
recycled water under the recycled water scheme to which the 24
plan relates is taken to be approved under section 215. 25
(5) Within 10 business days after making a decision under 26
subsection (3), the regulator must give an information notice 27
for the decision to-- 28
(a) if the recycled water management plan is for a 29
single-entity recycled water scheme--the recycled water 30
provider for the scheme; or 31
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Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 214]
(b) if the recycled water management plan is for a 1
multiple-entity recycled water scheme--the scheme 2
manager for the scheme. 3
(6) If, after considering any properly made submissions about the 4
proposed action, the regulator decides the proposed action 5
should not be taken, the regulator must give notice of the 6
decision to-- 7
(a) if the recycled water management plan is for a 8
single-entity recycled water scheme--the recycled water 9
provider for the scheme; or 10
(b) if the recycled water management plan is for a 11
multiple-entity recycled water scheme--the scheme 12
manager for the scheme. 13
(7) The notice under subsection (6) must be given within 10 14
business days after the decision is made. 15
(8) A decision under subsection (3) takes effect on the day the 16
information notice for the decision is given. 17
214 Suspending recycled water management plan if 18
production or supply of recycled water stops 19
(1) The regulator may, by notice given to the relevant entity for a 20
recycled water scheme, suspend the recycled water 21
management plan for the scheme if the regulator-- 22
(a) has received notice under section 208 that the 23
production or supply of recycled water under the 24
scheme has stopped or is to stop; and 25
(b) is satisfied the production or supply of recycled water 26
under the scheme has stopped. 27
(2) If a recycled water management plan is suspended under this 28
section, the suspension ends when the resumption of supply of 29
recycled water under the recycled water scheme to which the 30
plan relates is taken to be approved under section 215. 31
(3) The suspension takes effect on the day the notice is given. 32
Page 132
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Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 215]
215 Application to resume supply 1
(1) If a recycled water management plan has been suspended 2
under this part, the relevant entity for the recycled water 3
scheme to which the plan relates may apply to the regulator 4
for an approval to resume supply of recycled water under the 5
scheme. 6
(2) The application must-- 7
(a) be in the approved form; and 8
(b) be supported by enough information to enable the 9
regulator to decide the application; and 10
(c) be accompanied by the fee prescribed under a 11
regulation. 12
(3) Sections 203 and 204 apply to the application-- 13
(a) as if a reference in the sections to the recycled water 14
management plan were a reference to the suspended 15
recycled water management plan; and 16
(b) as if a reference in the sections to the plan were a 17
reference to the suspended plan. 18
(4) After considering the application, and any matter the regulator 19
considers relevant to the application, the regulator must as 20
soon as practicable decide-- 21
(a) to approve the application without conditions; or 22
(b) to approve the application on the condition that-- 23
(i) the validation program for the scheme is 24
undertaken; and 25
(ii) the testing of plant and equipment under the 26
program shows the quality of the scheme's 27
recycled water consistently meets the water quality 28
criteria for recycled water relevant to the scheme; 29
and 30
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Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 215]
(iii) the relevant entity for the scheme gives the 1
regulator evidence, satisfactory to the regulator, of 2
the matter mentioned in subparagraph (ii); or 3
(c) for a recycled water scheme that is a single-entity 4
recycled water scheme--to refuse to approve the 5
application, and direct the recycled water provider for 6
the scheme-- 7
(i) to amend the recycled water management plan for 8
the scheme in the way the regulator considers 9
appropriate; and 10
(ii) apply to the regulator, under this part, for approval 11
of the amended plan; or 12
(d) for a recycled water scheme that is a multiple-entity 13
recycled water scheme--to refuse to approve the 14
application, and direct-- 15
(i) the scheme manager or a declared entity for the 16
scheme to amend the scheme manager's scheme 17
manager plan or the entity's scheme provider plan 18
for the scheme in the way the regulator considers 19
appropriate; and 20
(ii) the scheme manager to apply to the regulator, 21
under this part, for approval of the amended 22
recycled water management plan for the scheme; 23
or 24
(e) to refuse to approve the application. 25
(5) Within 10 business days after deciding the application, the 26
regulator must give the relevant entity-- 27
(a) if the decision is to approve the application under 28
subsection (4)(a)--notice of the decision; and 29
(b) if the decision is to approve the application under 30
subsection (4)(b), or refuse to approve the application 31
under subsection (4)(c), (d) or (e)--an information 32
notice for the decision. 33
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Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 215]
(6) The resumption of supply of recycled water under the 1
recycled water scheme is taken to be approved under this 2
section-- 3
(a) if the decision is to approve the application under 4
subsection (4)(a)--when the notice of the decision is 5
given to the relevant entity; or 6
(b) if the decision is to approve the application under 7
subsection (4)(b)--when the regulator gives the relevant 8
entity a notice stating the regulator is satisfied the 9
testing of plant and equipment under the validation 10
program for the scheme shows the quality of the 11
scheme's recycled water consistently meets the water 12
quality criteria for recycled water relevant to the 13
scheme; or 14
(c) if the decision is to refuse to approve the application 15
under subsection (4)(c) or (d)--when the amended 16
recycled water management plan for the scheme has 17
been approved under this part. 18
(7) Sections 202(2), (3) and (4), and 203 to 208 apply to an 19
application for approval of the amended plan-- 20
(a) as if a reference in the sections to the recycled water 21
management plan were a reference to the amended 22
recycled water management plan; and 23
(b) as if a reference in the sections to the plan were a 24
reference to the amended plan. 25
216 Sections 216229 not used 26
See editor's note for section 1. 27
Page 135
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Chapter 3 Recycled water management
Part 3 Notice about permanently stopping supply of recycled water
[s 230]
Part 3 Notice about permanently 1
stopping supply of recycled 2
water 3
230 Notice about permanently stopping supply of recycled 4
water 5
(1) Subsection (2) applies if a recycled water provider for a 6
recycled water scheme that is not a critical recycled water 7
scheme proposes to permanently stop the supply of recycled 8
water under the scheme. 9
(2) The recycled water provider must give the regulator notice of 10
the proposed stoppage at least 30 days before supply of the 11
recycled water is stopped, unless the provider has a reasonable 12
excuse for not giving the notice. 13
Maximum penalty--200 penalty units. 14
(3) Subsection (4) applies if-- 15
(a) a recycled water provider or other declared entity for a 16
critical recycled water scheme proposes to permanently 17
stop the supply of recycled water by the provider or 18
entity under the scheme; and 19
(b) there is no other entity willing to take over the operation 20
of all or part of the scheme to ensure the continued 21
production and supply of recycled water under the 22
scheme. 23
(4) The relevant entity for the critical recycled water scheme must 24
give the regulator notice of the proposed stoppage at least 60 25
days before supply of the recycled water is stopped, unless the 26
relevant entity has a reasonable excuse for not giving the 27
notice. 28
Maximum penalty--1665 penalty units. 29
(5) A notice under subsection (2) or (4) must-- 30
(a) be in the approved form; and 31
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Chapter 3 Recycled water management
Part 3 Notice about permanently stopping supply of recycled water
[s 231]
(b) state the day by which the supply of recycled water is 1
proposed to stop. 2
(6) The regulator may require-- 3
(a) the relevant entity for the recycled water scheme to give 4
the regulator additional information about the notice; or 5
(b) any information included in the notice, or any additional 6
information required under paragraph (a), to be verified 7
by statutory declaration. 8
(7) If the relevant entity fails, without reasonable excuse, to 9
comply with a requirement under subsection (6) within the 10
reasonable period stated in the notice, the notice given by the 11
entity under subsection (2) or (4) is of no effect. 12
(8) If the supply of recycled water under the recycled water 13
scheme continues after the day stated in the notice, the notice 14
ceases to have effect as a notice given under subsection (2) or 15
(4). 16
(9) If the supply of the recycled water under the recycled water 17
scheme stops, the relevant entity for the recycled water 18
scheme must give the regulator notice of the stoppage within 5 19
days after the supply stops. 20
(10) The notice must-- 21
(a) be in the approved form; and 22
(b) state the day on which the supply of recycled water 23
stopped. 24
(11) In this section-- 25
relevant entity, in relation to a multiple-entity recycled water 26
scheme, includes any recycled water provider or other 27
declared entity for the scheme. 28
231 Cancelling recycled water management plan on receipt of 29
notice under s 230 30
If the regulator receives a notice under section 230(5), the 31
regulator may-- 32
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Chapter 3 Recycled water management
Part 4 Validation programs
[s 235]
(a) cancel the recycled water management plan for the 1
recycled water scheme to which the notice relates; and 2
(b) give the relevant entity for the scheme notice of the 3
cancellation. 4
232 Sections 232234 not used 5
See editor's note for section 1. 6
Part 4 Validation programs 7
235 Application of pt 4 8
This part applies to a recycled water scheme if recycled water 9
is proposed to be supplied under the scheme to augment a 10
supply of drinking water. 11
236 Preparing validation program 12
(1) If the recycled water scheme is a single-entity recycled water 13
scheme, the recycled water provider for the scheme must 14
prepare a validation program for the scheme for approval by 15
the regulator. 16
(2) If the recycled water scheme is a multiple-entity recycled 17
water scheme, the scheme manager and each declared entity 18
for the scheme must prepare a validation program for the 19
scheme for approval by the regulator. 20
(3) The validation program must-- 21
(a) describe the recycled water scheme to which the 22
program relates; and 23
(b) describe the infrastructure for the production and supply 24
of recycled water under the scheme; and 25
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Chapter 3 Recycled water management
Part 4 Validation programs
[s 237]
(c) be prepared in accordance with the guidelines, if any, 1
made by the regulator about validating recycled water 2
schemes. 3
237 Application for approval of validation program 4
(1) The relevant entity for the recycled water scheme must apply 5
to the regulator for approval of the validation program. 6
(2) The application must-- 7
(a) be in the approved form; and 8
(b) be accompanied by-- 9
(i) a copy of the validation program; and 10
(ii) the fee prescribed under a regulation. 11
238 Additional information may be required 12
(1) The regulator may, by notice given to the relevant entity, 13
require-- 14
(a) the entity to give additional information about the 15
validation program; or 16
(b) any information included in the program, or any 17
additional information required under paragraph (a), to 18
be verified by statutory declaration. 19
(2) If the relevant entity fails, without reasonable excuse, to 20
comply with the requirement within the reasonable period 21
stated in the notice, the application is taken to have been 22
withdrawn. 23
(3) A requirement under this section is an information 24
requirement. 25
(4) In this section-- 26
relevant entity, in relation to a multiple-entity recycled water 27
scheme, includes any recycled water provider or other 28
declared entity for the scheme. 29
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Chapter 3 Recycled water management
Part 4 Validation programs
[s 239]
239 Regulator may obtain advice about application 1
The regulator may obtain advice from an advisory council or 2
any other entity the regulator considers appropriate before 3
deciding the application. 4
240 Consideration of application 5
(1) The regulator must consider the application and decide to 6
approve, with or without conditions, or refuse to approve, the 7
validation program-- 8
(a) if an information requirement is not made in relation to 9
the program--30 business days after receiving the 10
program; or 11
(b) if an information requirement is made in relation to the 12
program--30 business days after the requirement has 13
been complied with. 14
(2) In considering whether to approve the validation program, the 15
regulator must have regard to-- 16
(a) the program and any additional information about the 17
program given to the regulator under section 238; and 18
(b) the guidelines, if any, made by the regulator about 19
validating recycled water schemes; and 20
(c) any advice received by the regulator under section 239; 21
and 22
(d) the water quality criteria for recycled water. 23
241 Notice of decision 24
Within 10 business days after deciding the application, the 25
regulator must give the relevant entity-- 26
(a) if the decision is to approve the validation program 27
without conditions--notice of the decision; or 28
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Chapter 3 Recycled water management
Part 5 Exemptions
[s 242]
(b) if the decision is to approve the validation program with 1
conditions, or to refuse to approve the validation 2
program--an information notice for the decision. 3
242 Amendment of validation program 4
(1) This section applies if the relevant entity for a recycled water 5
scheme proposes to amend the approved validation program 6
for the scheme. 7
(2) The relevant entity must apply to the regulator for approval of 8
the proposed amended validation program. 9
(3) Sections 237(2) and 238 to 241 apply to the application-- 10
(a) as if a reference in the sections to the validation program 11
were a reference to the amended validation program; 12
and 13
(b) as if a reference in the sections to the program were a 14
reference to the amended program. 15
243 Sections 243249 not used 16
See editor's note for section 1. 17
Part 5 Exemptions 18
250 Application for exemption 19
(1) The recycled water provider for a recycled water scheme that 20
is not a critical recycled water scheme may apply to the 21
regulator for an exemption from having an approved recycled 22
water management plan for the scheme. 23
(2) The application must-- 24
(a) be in the approved form; and 25
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Chapter 3 Recycled water management
Part 5 Exemptions
[s 251]
(b) be accompanied by the information or documents 1
required to be given under the guidelines, if any, made 2
by the regulator about applying for an exemption; and 3
(c) be supported by enough information to enable the 4
regulator to decide the application; and 5
(d) be accompanied by the fee prescribed under a 6
regulation. 7
251 Additional information may be required 8
(1) The regulator may, by notice given to the recycled water 9
provider, require-- 10
(a) the recycled water provider to give the regulator 11
additional information about the application, including, 12
for example, information about arrangements relating to 13
the supply of recycled water under the scheme; or 14
(b) any information included in the application, or any 15
additional information required under paragraph (a), to 16
be verified by statutory declaration. 17
(2) If the recycled water provider fails, without reasonable 18
excuse, to comply with the requirement, within the reasonable 19
period of at least 30 business days stated in the notice, the 20
application is taken to have been withdrawn. 21
(3) A requirement under this section is an information 22
requirement. 23
252 Regulator may obtain advice about application 24
The regulator may obtain advice from an advisory council or 25
any other entity the regulator considers appropriate before 26
deciding the application. 27
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Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 5 Exemptions
[s 253]
253 Consideration of application 1
(1) The regulator must consider the application and decide to 2
grant, with or without conditions (regulator conditions), or 3
refuse to grant, the exemption-- 4
(a) if an information requirement is not made in relation to 5
the application--within 60 business days after receiving 6
the application; or 7
(b) if an information requirement is made in relation to the 8
application--within 60 business days after the 9
requirement has been complied with. 10
(2) In considering whether to grant the application, the regulator 11
must have regard to-- 12
(a) the application and any additional information received 13
under section 251; and 14
(b) the guidelines, if any, made by the regulator about 15
granting exemptions under this part and validating 16
recycled water schemes; and 17
(c) any advice obtained by the regulator under section 252; 18
and 19
(d) the water quality criteria for recycled water. 20
254 Notice of decision 21
(1) Within 10 business days after deciding the application, the 22
regulator must give the recycled water provider -- 23
(a) if the decision is to grant the exemption without 24
regulator conditions--notice of the decision; and 25
(b) if the decision is to grant the exemption with regulator 26
conditions, or to refuse to grant the exemption--an 27
information notice for the decision. 28
(2) If the regulator grants the exemption, the notice of the 29
decision or information notice for the decision must state the 30
conditions of the exemption. 31
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Chapter 3 Recycled water management
Part 5 Exemptions
[s 255]
255 Duration of exemption 1
An exemption applies for the period, of not more than 5 years, 2
for which it is granted. 3
256 Provision about conditions of exemption 4
(1) It is a condition of each exemption that, if the recycled water 5
provider for the recycled water scheme to which the 6
exemption relates becomes aware that an entity to whom the 7
provider supplies recycled water is using the water other than 8
in a way or for the purpose provided for under the exemption, 9
the provider must stop supply of the water to the entity. 10
(2) A regulator condition for an exemption may be about the 11
water quality criteria required to be met by the recycled water 12
provider in supplying recycled water. 13
(3) Subsection (2) does not limit the regulator conditions that may 14
be imposed on an exemption. 15
(4) An exemption applies only if the recycled water provider 16
complies with the conditions of the exemption. 17
257 Cancelling or amending exemption 18
(1) If the circumstances under which an exemption was given 19
change, the recycled water provider must immediately give 20
the regulator notice of the change. 21
(2) The regulator may amend or cancel an exemption-- 22
(a) after receiving notice under subsection (1); or 23
(b) if the regulator otherwise becomes aware of a change in 24
the circumstances under which an exemption was given; 25
or 26
(c) if the regulator is satisfied the recycled water provider 27
has not complied with a condition of the exemption. 28
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 258]
(3) If the regulator decides to amend or cancel an exemption, the 1
regulator must give the recycled water provider an 2
information notice for the decision. 3
Part 6 Reviews and audits of recycled 4
water management plans 5
258 Reviewing recycled water management plans 6
(1) The recycled water provider for a single-entity recycled water 7
scheme must review the approved recycled water management 8
plan for the scheme at the intervals for conducting regular 9
reviews stated in the notice about the plan given under section 10
206(2). 11
Maximum penalty--500 penalty units. 12
(2) The scheme manager for a multiple-entity recycled water 13
scheme must arrange for a review of the approved recycled 14
water management plan for the scheme at the intervals for 15
conducting regular reviews stated in the notice about the plan 16
given under section 206(2). 17
Maximum penalty--500 penalty units. 18
(3) The purpose of a review mentioned in subsection (1) or (2) is 19
to ensure the recycled water management plan remains 20
relevant having regard to-- 21
(a) the operation of the recycled water scheme to which it 22
relates; and 23
(b) the water quality criteria for recycled water relevant to 24
the scheme; and 25
(c) best practice industry standards for the production and 26
supply of recycled water. 27
Page 145
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 259]
259 Changing plan after review 1
(1) This section applies if a review of a recycled water 2
management plan indicates the plan should be changed to 3
reflect-- 4
(a) the operation of the recycled water scheme to which it 5
relates; or 6
(b) the water quality criteria for recycled water relevant to 7
the scheme; or 8
(c) best practice industry standards for the production and 9
supply of recycled water. 10
(2) If the recycled water scheme is a single-entity recycled water 11
scheme, the recycled water provider for the scheme must, 12
within 60 business days after the review ends-- 13
(a) amend the recycled water management plan for the 14
scheme to reflect the matters mentioned in subsection 15
(1); and 16
(b) apply to the regulator for approval of the amended plan. 17
Maximum penalty--200 penalty units. 18
(3) If the recycled water scheme is a multiple-entity recycled 19
water scheme-- 20
(a) the scheme manager for the scheme must, within 60 21
business days after the review ends, amend the 22
manager's scheme manager plan for the scheme to the 23
extent necessary to reflect the matters mentioned in 24
subsection (1); and 25
(b) each declared entity for the scheme must, within 60 26
business days after the review ends, amend the entity's 27
scheme provider plan for the scheme to the extent 28
necessary to reflect the matters mentioned in subsection 29
(1). 30
Maximum penalty--200 penalty units. 31
(4) If a scheme manager plan or scheme provider plan for a 32
multiple-entity recycled water scheme is amended under 33
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 260]
subsection (3), the scheme manager for the scheme must as 1
soon as practicable apply to the regulator for approval of the 2
amended recycled water management plan for the scheme. 3
Maximum penalty--200 penalty units. 4
(5) An amended recycled water management plan must indicate 5
the way the plan has been amended to reflect the matters 6
mentioned in subsection (1). 7
(6) Sections 202(2), (3) and (4), and 203 to 208 apply to an 8
application under this section-- 9
(a) as if a reference in the sections to the recycled water 10
management plan were a reference to the amended 11
recycled water management plan; and 12
(b) as if a reference in the sections to the plan were a 13
reference to the amended plan. 14
260 Providing internal audit reports 15
(1) The recycled water provider for a single-entity recycled water 16
scheme must arrange for internal audit reports about the 17
provider's approved recycled water management plan, and 18
compliance with the plan and its conditions, to be prepared 19
and given to the regulator under this section. 20
Maximum penalty--500 penalty units. 21
(2) The scheme manager for a multiple-entity recycled water 22
scheme must arrange for internal audit reports about the 23
approved recycled water management plan, and compliance 24
with the plan and its conditions, to be prepared and given to 25
the regulator under this section. 26
Maximum penalty--500 penalty units. 27
(3) For the preparation of a report, an internal audit of the 28
recycled water management plan, and compliance with the 29
plan and its conditions, must be conducted at the intervals for 30
conducting internal audits stated in the notice about the plan 31
given under section 206(2). 32
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 261]
(4) The purpose of an internal audit is to assess compliance with 1
the approved recycled water management plan and the 2
conditions of the plan. 3
(5) The internal audit report must-- 4
(a) be prepared by a suitably qualified person; and 5
(b) be prepared in accordance with the guidelines, if any, 6
about preparing internal audit reports under this section; 7
and 8
(c) be given to the regulator within 30 business days after 9
the report is completed; and 10
(d) if the report shows there has been noncompliance with 11
the recycled water management plan to which it relates, 12
or the conditions of the plan--state the actions taken or 13
planned to be taken in relation to the noncompliance. 14
261 Providing regular audit reports 15
(1) The recycled water provider for a single-entity recycled water 16
scheme must arrange for regular audit reports about the plan, 17
and compliance with the plan and its conditions, to be 18
prepared and given to the regulator under this section. 19
Maximum penalty--500 penalty units. 20
(2) The scheme manager for a multiple-entity recycled water 21
scheme must arrange for regular audit reports about the plan, 22
and compliance with the plan and its conditions, to be 23
prepared and given to the regulator under this section. 24
Maximum penalty--500 penalty units. 25
(3) For the preparation of a report, an audit of the recycled water 26
management plan, and compliance with the plan and its 27
conditions, must be conducted at the intervals for conducting 28
regular audits stated in the notice about the plan given under 29
section 206(2). 30
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 262]
(4) The purpose of a regular audit is to assess compliance with the 1
approved recycled water management plan and the conditions 2
of the plan. 3
(5) The regular audit report must-- 4
(a) be prepared by a suitably qualified person who is not an 5
employee of-- 6
(i) for a single-entity recycled water scheme--the 7
recycled water provider for the scheme; or 8
(ii) for a multiple-entity recycled water scheme--the 9
scheme manager, or a declared entity, for the 10
scheme; and 11
(b) be prepared in accordance with the guidelines, if any, 12
about preparing regular audit reports under this section; 13
and 14
(c) be given to the regulator within 30 business days after 15
the report is completed; and 16
(d) if the report shows there has been noncompliance with 17
the recycled water management plan to which it relates, 18
or the conditions of the plan--state the actions taken or 19
planned to be taken in relation to the noncompliance. 20
262 Spot audits 21
(1) Subsection (2) applies if the regulator is satisfied or 22
reasonably believes-- 23
(a) the scheme manager, or a recycled water provider or 24
other declared entity, for a recycled water scheme is not 25
complying, or has not complied, with the recycled water 26
management plan for the scheme or the conditions of 27
the plan; or 28
(b) the approved recycled water management plan for the 29
scheme is no longer adequate. 30
(2) The regulator may arrange for a spot audit report to be 31
prepared about the recycled water management plan. 32
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 262]
(3) Before arranging for a spot audit report to be prepared 1
because of the matter mentioned in subsection (1)(b), the 2
regulator-- 3
(a) must give a show cause notice about the proposed spot 4
audit to-- 5
(i) if the recycled water management plan is for a 6
single-entity recycled water scheme--the recycled 7
water provider for the scheme; or 8
(ii) if the recycled water management plan is for a 9
multiple-entity recycled water scheme--the 10
scheme manager and each declared entity for the 11
scheme; and 12
(b) consider all properly made submissions about the 13
proposed spot audit. 14
(4) The spot audit report may be prepared by the regulator or a 15
suitably qualified person appointed by the regulator. 16
(5) The spot audit report must be prepared in accordance with the 17
guidelines, if any, about preparing spot audit reports under 18
this section. 19
(6) Within 30 business days after the spot audit report is 20
completed, the regulator must give a copy of the report to-- 21
(a) if the report relates to a single-entity recycled water 22
scheme--the recycled water provider for the scheme; or 23
(b) if the report relates to a multiple-entity recycled water 24
scheme--the scheme manager for the scheme. 25
(7) Subsection (8) applies if the spot audit report states either or 26
both of the following-- 27
(a) the recycled water management plan for the recycled 28
water scheme is inadequate in a material particular; 29
(b) the scheme manager, or recycled water provider or other 30
declared entity, for the recycled water scheme (the 31
responsible entity) has not properly carried out the plan 32
to the extent it applies to the responsible entity. 33
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 263]
(8) The regulator must give the responsible entity an information 1
notice requiring the entity, within the reasonable period stated 2
in the notice, to-- 3
(a) if subsection (7)(a) applies--rectify the inadequacy; or 4
(b) if subsection (7)(b) applies--properly carry out the plan. 5
(9) The responsible entity must comply with the notice, unless the 6
responsible entity has a reasonable excuse. 7
Maximum penalty--1665 penalty units. 8
(10) The regulator may recover an amount equal to the cost of 9
completing the spot audit report from-- 10
(a) if the report relates to a single-entity recycled water 11
scheme--the recycled water provider for the scheme; or 12
(b) if the report relates to a multiple-entity recycled water 13
scheme--the scheme manager, and any recycled water 14
providers or other declared entities, for the scheme. 15
263 Auditor's responsibility to inform regulator 16
(1) This section applies if, in conducting an audit about a recycled 17
water management plan, an auditor forms a reasonable belief 18
that-- 19
(a) a following entity has not, or is not, complying with the 20
plan or a condition of the plan-- 21
(i) for a plan for a single-entity recycled water 22
scheme--the recycled water provider for the 23
scheme; 24
(ii) for a plan for a multiple-entity recycled water 25
scheme--the scheme manager, or a recycled water 26
provider or other declared entity, for the scheme; 27
and 28
(b) the noncompliance is likely to have an imminent and 29
serious adverse affect on public health. 30
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 264]
(2) The auditor must immediately give details of the facts and 1
circumstances giving rise to the belief to the regulator, 2
Maximum penalty--1665 penalty units. 3
(3) If the auditor complies with subsection (2) by giving the 4
regulator the details orally, the auditor must, as soon as 5
practicable after giving the details orally, give the regulator 6
notice of the details. 7
Maximum penalty--200 penalty units. 8
264 Declarations about audit reports 9
(1) An audit report given to the regulator under this part must be 10
accompanied by a statutory declaration by the auditor. 11
(2) The auditor's declaration must-- 12
(a) state the auditor's qualifications and experience relevant 13
to the audit; and 14
(b) state that the auditor has not knowingly included any 15
false, misleading or incomplete information or 16
document to the regulator; and 17
(c) state that the auditor has not knowingly failed to reveal 18
any relevant information or document to the regulator; 19
and 20
(d) certify that-- 21
(i) the report addresses the matters relevant to the 22
audit to which it relates, and is factually correct; 23
and 24
(ii) the opinions expressed in it are honestly and 25
reasonably held. 26
265 Access for conducting audits 27
(1) For conducting an audit under this part, the relevant entity and 28
any declared entity for a recycled water scheme must give the 29
auditor, and any person employed or authorised by the auditor 30
Page 152
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Chapter 3 Recycled water management
Part 7 Reporting requirements and annual reports
[s 270]
to participate in conducting the audit, free and uninterrupted 1
access to the infrastructure forming part of the scheme and 2
any records relating to the infrastructure. 3
Maximum penalty--200 penalty units. 4
(2) However, the auditor, and any person employed or authorised 5
by the auditor to participate in conducting the audit, must not 6
enter the premises of a person other than the relevant entity or 7
a declared entity for the recycled water scheme unless the 8
person agrees to the entry. 9
266 Sections 266269 not used 10
See editor's note for section 1. 11
Part 7 Reporting requirements and 12
annual reports 13
270 Notice of particular matter 14
(1) This section applies if a scheme manager, or a recycled water 15
provider or other declared entity, (the responsible entity) for a 16
recycled water scheme becomes aware that the quality of 17
water produced or supplied under the scheme does not comply 18
with the recycled water management plan for the scheme to 19
the extent the water's quality under the plan must be 20
consistent with any water quality criteria for recycled water. 21
(2) The responsible entity must, unless the entity has a reasonable 22
excuse, immediately give the regulator details of the 23
noncompliance and the circumstances that gave rise to the 24
noncompliance (the relevant information). 25
Maximum penalty--1665 penalty units. 26
Page 153
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Chapter 3 Recycled water management
Part 7 Reporting requirements and annual reports
[s 271]
(3) It is not a reasonable excuse for the responsible entity to fail to 1
give the relevant information that giving the information 2
might tend to incriminate the entity. 3
(4) However, if the responsible entity is an individual, evidence 4
of, or evidence directly or indirectly derived from, the relevant 5
information that might tend to incriminate the entity is not 6
admissible in evidence against the entity in a civil or criminal 7
proceeding, other than a proceeding for an offence about the 8
falsity of the information. 9
(5) If the responsible entity complies with subsection (2) by 10
giving the regulator the relevant information orally, the entity 11
must as soon as practicable give the regulator notice of the 12
relevant information in the approved form. 13
Maximum penalty--200 penalty units. 14
271 Annual reporting requirement 15
(1) The relevant entity for a recycled water scheme must prepare 16
an annual report for each financial year after a recycled water 17
management plan for the scheme has been approved or an 18
exemption for the scheme has been granted. 19
(2) The annual report must-- 20
(a) be prepared in accordance with the guidelines, if any, 21
made by the regulator about the preparation of annual 22
reports; and 23
(b) if the annual report is for a recycled water scheme for 24
which there is an approved recycled water management 25
plan-- 26
(i) state the outcome of any review of the recycled 27
water management plan in the financial year to 28
which the annual report relates, and how the 29
matters raised in the review have been addressed; 30
and 31
Page 154
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 300]
(ii) contain a summary of the findings of, and any 1
recommendations stated in, an audit report given to 2
the regulator in the financial year; and 3
(iii) contain a summary of the information given to the 4
regulator under section 270 in the financial year; 5
and 6
(c) if the annual report is for a recycled water scheme for 7
which an exemption has been granted--contain a 8
summary of the information given to the regulator under 9
section 270 in the financial year. 10
(3) The relevant entity must give a copy of the annual report to 11
the regulator within 120 business days after the end of the 12
financial year. 13
Maximum penalty--500 penalty units. 14
(4) If the recycled water provider is a service provider, the annual 15
report may be combined with a report given to the regulator 16
under section 141. 17
272 Sections 272299 not used 18
See editor's note for section 1. 19
Part 8 Declaration of critical recycled 20
water schemes 21
300 Meaning of scheme manager for a recycled water scheme 22
The scheme manager for a multiple-entity recycled water 23
scheme is the entity-- 24
(a) the recycled water providers and other entities declared 25
to be part of the scheme agree is the scheme manager for 26
the scheme; and 27
Page 155
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 301]
(b) either-- 1
(i) stated in the declaration under this part for the 2
scheme to be the scheme manager; or 3
(ii) stated in the notice given under section 307(2). 4
301 Making declaration 5
(1) The regulator may declare a recycled water scheme to be a 6
critical recycled water scheme if the regulator reasonably 7
believes the declaration is necessary-- 8
(a) to maintain continuity of operation of the scheme to 9
meet the essential water supply needs of the community 10
or industry; or 11
(b) to ensure the appropriate management of risks to public 12
health posed by the supply of recycled water under the 13
scheme. 14
(2) Without limiting subsection (1), the regulator must declare a 15
recycled water scheme to be a critical recycled water scheme 16
if-- 17
(a) recycled water is supplied, or proposed to be supplied, 18
under the scheme to augment a supply of drinking 19
water; or 20
(b) under the scheme, at least 500kL of recycled water a day 21
is supplied, or proposed to be supplied, to premises by 22
way of a reticulation system used only to provide 23
recycled water for outdoor use or for use in flushing 24
toilets or in laundries; or 25
(c) under the scheme, at least 5ML of recycled water a day 26
is supplied, or proposed to be supplied, for use in 27
electricity generation. 28
302 Regulator may seek advice about scheme manager 29
Before declaring a recycled water scheme to be a critical 30
recycled water scheme, the regulator may ask the recycled 31
Page 156
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Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 303]
water providers and other entities proposed to be declared to 1
be part of the scheme to give the regulator a notice about who 2
the providers and entities agree is the scheme manager for the 3
scheme. 4
303 Notice of regulator's intention to make declaration 5
(1) Before declaring a recycled water scheme to be a critical 6
recycled water scheme, the regulator must-- 7
(a) give notice of the regulator's intention to make the 8
declaration to-- 9
(i) if the scheme is a single-entity recycled water 10
scheme--the recycled water provider for the 11
scheme; or 12
(ii) if the scheme is a multiple-entity recycled water 13
scheme--each recycled water provider and other 14
entity the regulator intends to declare to be part of 15
the scheme; and 16
(b) consider all properly made submissions given to the 17
regulator under subsection (3). 18
(2) Subsection (1) does not apply to the declaration of a recycled 19
water scheme if, under section 301(2), the regulator must 20
declare the scheme to be a critical recycled water scheme. 21
(3) The notice must-- 22
(a) describe the recycled water scheme; and 23
(b) describe the infrastructure proposed to be part of the 24
scheme; and 25
(c) state the reasons that the regulator intends to make the 26
declaration; and 27
(d) for a notice about a multiple-entity recycled water 28
scheme-- 29
(i) state each recycled water provider and other entity 30
proposed to be declared to be part of the scheme; 31
and 32
Page 157
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 304]
(ii) if known, state the proposed scheme manager for 1
the scheme; and 2
(e) state the entity to whom the notice is given may, within 3
30 days after receiving the notice, give the regulator a 4
written submission about the proposed declaration. 5
(4) If the notice is about a multiple-entity recycled water scheme 6
and the scheme manager for the scheme is not known when 7
the notice is given, the notice may also state the recycled 8
water provider or other entity may give the regulator advice 9
about who the provider or entity considers should be the 10
scheme manager for the scheme. 11
(5) An entity that is not a recycled water provider may be stated 12
to be part of a multiple-entity recycled water scheme only if 13
the entity owns infrastructure for the supply of recycled water. 14
304 Notice of declaration 15
(1) If the regulator decides to declare a recycled water scheme to 16
be a critical recycled water scheme, the regulator must give 17
notice of the declaration to-- 18
(a) if the scheme is a single-entity recycled water 19
scheme--the recycled water provider for the scheme; or 20
(b) if the scheme is a multiple-entity recycled water 21
scheme-- 22
(i) each recycled water provider and other entity 23
declared to be part of the scheme; and 24
(ii) if known, the scheme manager for the scheme. 25
(2) The notice must-- 26
(a) describe the recycled water scheme; and 27
(b) state the infrastructure that is part of the scheme; and 28
(c) state the reasons that the regulator made the declaration; 29
and 30
Page 158
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Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 305]
(d) for a declaration for a multiple-entity recycled water 1
scheme--if known, state the entity that is the scheme 2
manager for the scheme and each recycled water 3
provider and other entity declared to be part of the 4
scheme; and 5
(e) state each recycled water provider and other entity 6
declared to be part of the scheme must have a scheme 7
provider plan for the scheme. 8
305 When declaration has effect 9
The declaration has effect on the day the regulator gives 10
notice of the declaration under section 304. 11
306 Review of declaration on request 12
(1) The relevant entity for a critical recycled water scheme may, 13
at any time after 1 year after the declaration of the scheme to 14
be a critical recycled water scheme takes effect, ask the 15
regulator to review the making of the declaration if the 16
relevant entity considers the scheme should not be a critical 17
recycled water scheme. 18
(2) The request must-- 19
(a) be in writing; and 20
(b) be given to the regulator; and 21
(c) state the reasons that the relevant entity considers the 22
scheme should not be a critical recycled water scheme. 23
(3) If the regulator is asked to review a declaration under this 24
section, the regulator must review the declaration. 25
(4) In reviewing the declaration, the regulator may have regard 26
to-- 27
(a) the reasons that the regulator made the declaration; and 28
(b) the stated reasons mentioned in subsection (2)(c); and 29
(c) the matters mentioned in section 301; and 30
Page 159
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 307]
(d) any other information the regulator considers relevant. 1
(5) If, after reviewing the declaration, the regulator decides the 2
recycled water scheme to which the declaration relates should 3
continue to be a critical recycled water scheme, the regulator 4
must give the relevant entity for the scheme an information 5
notice for the decision. 6
(6) If, after reviewing the declaration, the regulator decides the 7
recycled water scheme to which the declaration relates should 8
not continue to be a critical recycled water scheme, the 9
regulator must give the relevant entity for the scheme notice of 10
the decision. 11
(7) If the regulator gives a relevant entity a notice under 12
subsection (6), the recycled water scheme to which the notice 13
relates stops being a critical recycled water scheme on the day 14
the notice is given. 15
(8) If a declaration for a critical recycled water scheme is 16
reviewed under this section (the previous review), the relevant 17
entity for the scheme can not ask for another review of the 18
declaration under subsection (1) until at least 1 year after the 19
previous review has ended. 20
307 Requirement to advise regulator about scheme manager 21
(1) This section applies if the scheme manager for a 22
multiple-entity recycled water scheme is not known when the 23
scheme is declared to be a critical recycled water scheme. 24
(2) The recycled water providers and other entities declared to be 25
part of the scheme must, as soon as practicable after the 26
declaration is made, give the regulator notice of who is the 27
scheme manager. 28
308 Sections 308314 not used 29
See editor's note for section 1. 30
Page 160
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 9 Dispute resolution process for particular critical recycled water schemes
[s 315]
Part 9 Dispute resolution process for 1
particular critical recycled 2
water schemes 3
315 Definitions for pt 9 4
In this part-- 5
dispute means an economic dispute or a non-economic 6
dispute. 7
economic dispute means a dispute between any or all of the 8
parties to a multiple-entity recycled water supply scheme 9
about expenditure relating to the operation of the scheme, 10
including, for example, expenses incurred in preparing 11
recycled water management plans or in installing 12
infrastructure to treat recycled water. 13
non-economic dispute means a dispute, other than an 14
economic dispute, between any or all of the parties to a 15
multiple-entity recycled water supply scheme about matters 16
relating to the operation of the scheme, including, for 17
example, matters relating to a change in water quality criteria 18
for recycled water relevant to the scheme. 19
party, to a multiple-entity recycled water scheme, means the 20
scheme manager, or a recycled water provider or other 21
declared entity, for the scheme. 22
316 Application of pt 9 23
This part applies if-- 24
(a) there is a dispute between any or all of the parties to a 25
multiple-entity recycled water scheme; and 26
(b) there is an approved recycled water management plan 27
for the scheme; and 28
(c) a party to the dispute reasonably believes-- 29
(i) the dispute is unresolved; and 30
Page 161
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Chapter 3 Recycled water management
Part 9 Dispute resolution process for particular critical recycled water schemes
[s 317]
(ii) the dispute is likely to adversely affect public 1
health or the continuity of operation of the scheme 2
unless it is resolved. 3
317 Dispute resolution process 4
(1) To resolve the dispute, the parties to the dispute must follow 5
the process for resolving the dispute prescribed under a 6
regulation. 7
(2) A regulation for subsection (1) may provide for the following 8
matters-- 9
(a) whether the dispute must be dealt with under mediation 10
or arbitration; 11
(b) the appointment of a mediator or arbitrator to resolve the 12
dispute; 13
(c) the mediation or arbitration process required to be 14
followed to resolve the dispute, including, for example, 15
requirements about-- 16
(i) giving documents or other information to the 17
mediator or arbitrator; and 18
(ii) paying the costs of the mediation or arbitration. 19
(3) Subsection (2) does not limit the matters for which the 20
regulation may provide. 21
(4) If a contract between 2 or more parties to the dispute is 22
inconsistent with a regulation under subsection (1), the 23
regulation prevails to the extent of the inconsistency. 24
318 Sections 318329 not used 25
See editor's note for section 1. 26
Page 162
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 10 Miscellaneous
[s 330]
Part 10 Miscellaneous 1
330 Notice to local government 2
(1) This section applies if the regulator considers the discharge of 3
trade waste into the sewerage infrastructure of a local 4
government that is a sewerage service provider is likely to 5
adversely effect the quality of recycled water supplied, or 6
proposed to be supplied, under a recycled water scheme. 7
(2) The regulator may give the local government a notice (a trade 8
waste compliance notice) about the discharge of trade waste 9
into the sewerage infrastructure. 10
(3) The notice may-- 11
(a) prohibit the local government from giving a trade waste 12
approval for the discharge of trade waste into its 13
sewerage infrastructure; or 14
(b) state the conditions the local government must impose 15
on a trade waste approval for the discharge of trade 16
waste into its sewerage infrastructure. 17
(4) Without limiting subsection (3)(b), the conditions may be 18
about 1 or more of the following-- 19
(a) the maximum daily quantity of trade waste that may be 20
discharged; 21
(b) the maximum permissible rate of the discharge; 22
(c) the permissible limits for the quality of the trade waste; 23
(d) whether the waste must be treated before being 24
discharged. 25
(5) The local government must comply with the notice. 26
Maximum penalty--1665 penalty units. 27
Page 163
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Chapter 3 Recycled water management
Part 10 Miscellaneous
[s 331]
331 Report about compliance with notice 1
(1) The regulator may, by notice given to a local government that 2
is a sewerage service provider, require the local government to 3
give the regulator a report (a trade waste report) about the 4
actions taken by the local government to comply with a trade 5
waste compliance notice. 6
(2) The local government must give the trade waste report to the 7
regulator within the reasonable period stated in the notice 8
given under subsection (1), and must include in the report the 9
information reasonably required by the regulator. 10
Maximum penalty--1000 penalty units. 11
332 Particular requirement about production or supply of 12
recycled water 13
A recycled water provider must ensure that there are persons 14
engaged in the production or supply of recycled water by the 15
provider who have the qualifications or experience prescribed 16
under a regulation for section 586(2)(d)(ii). 17
Maximum penalty--1665 penalty units. 18
333 Sections 333339 not used 19
See editor's note for section 1. 20
Page 164
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 340]
Chapter 4 Referable dams and flood 1
mitigation 2
Part 1 Referable dams 3
Division 1 Preliminary 4
340 Definition for pt 1 5
In this part-- 6
water includes any other liquid or a mixture that includes 7
water or any other liquid or suspended solid. 8
341 What is a referable dam 9
(1) A dam is, or a proposed dam after its construction will be, a 10
referable dam if-- 11
(a) a failure impact assessment of the dam, or the proposed 12
dam, is required to be carried out under this part; and 13
(b) the assessment states the dam has, or the proposed dam 14
after its construction will have, a category 1 or category 15
2 failure impact rating; and 16
(c) the chief executive has, under section 349, accepted the 17
assessment. 18
(2) The following are not referable dams-- 19
(a) a dam containing, or a proposed dam that after its 20
construction will contain, hazardous waste; 21
(b) a weir, unless the weir has a variable flow control 22
structure on the crest of the weir. 23
(3) In this section-- 24
hazardous waste means-- 25
Page 165
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 342]
(a) a substance, whether liquid, solid or gaseous, derived 1
by, or resulting from, the processing of minerals that 2
tends to destroy life or impair or endanger health; or 3
(b) ash resulting from the process of power generation. 4
weir means a barrier constructed across a watercourse below 5
the banks of the watercourse that hinders or obstructs the flow 6
of water in the watercourse. 7
342 What is failure impact assessment 8
(1) A failure impact assessment is an assessment certified under 9
this part about the safety of a dam, or a proposed dam-- 10
(a) by a registered professional engineer who is not, for the 11
dam, or the proposed dam-- 12
(i) the owner; or 13
(ii) an employee of the owner; or 14
(iii) the operator; or 15
(iv) an employee of the operator; and 16
(b) in accordance with the guidelines, made by the chief 17
executive, for failure impact assessment of water dams 18
(the failure impact assessment guidelines). 19
(2) The certification must include the engineer's name and 20
registration details. 21
Division 2 Failure impact assessing dams 22
343 When dam must be failure impact assessed 23
(1) A person who proposes to construct a dam must have the dam 24
failure impact assessed if the dam, after its construction, will 25
be more than 8m in height and have-- 26
(a) a storage capacity of more than 500ML; or 27
Page 166
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 344]
(b) a storage capacity of more than 250ML and a catchment 1
area that is more than 3 times its maximum surface area 2
at full supply level. 3
Maximum penalty--1665 penalty units. 4
(2) Also, the chief executive may give the owner of an existing 5
dam, or a dam being constructed, a notice to have the dam 6
failure impact assessed. 7
(3) The chief executive may give the notice only if the chief 8
executive reasonably believes the dam, or the dam after its 9
construction, would have a category 1 or category 2 failure 10
impact rating. 11
(4) In this section-- 12
height, for a dam, means the measurement of the difference in 13
level between the natural bed of the watercourse at the 14
downstream toe of the barrier or, if the barrier is not across a 15
watercourse, between the lowest elevation of the outside limit 16
of the barrier of the dam and the top of the barrier. 17
top of the barrier, of a dam, means the level of the top of the 18
barrier of the dam exclusive of any parapet or ancillary 19
structure or, if the barrier includes a spillway, the level of the 20
top of the abutment walls adjoining the spillway of the dam 21
exclusive of any parapet or ancillary structure. 22
344 Process for failure impact assessment 23
(1) A person required under section 343(1) to have a dam failure 24
impact assessed must ensure the assessment is completed, and 25
accepted by the chief executive under section 349, before 26
construction of the dam begins. 27
Maximum penalty--1665 penalty units. 28
(2) A person required under section 343(2) to have a dam failure 29
impact assessed must ensure the assessment is completed and 30
given to the chief executive within the reasonable period 31
stated in the notice. 32
Maximum penalty--1665 penalty units. 33
Page 167
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 345]
(3) A failure impact assessment given to the chief executive must 1
be accompanied by the prescribed fee. 2
345 Requirement for other failure impact assessments 3
(1) This section applies if a dam has been failure impact assessed 4
under this division, including subsection (2). 5
(2) The owner must ensure another failure impact assessment of 6
the dam is completed and given to the chief executive within 5 7
years after the last failure impact assessment was accepted by 8
the chief executive. 9
Maximum penalty--1665 penalty units. 10
(3) Subsection (2) does not apply to the owner of-- 11
(a) a dam given a category 2 failure impact rating under the 12
last failure impact assessment of the dam; or 13
(b) a dam mentioned in section 343(2) if-- 14
(i) the last failure impact assessment for the dam, 15
carried out under section 343(2) or subsection (2), 16
has not given the dam a category 1 or category 2 17
failure impact rating; and 18
(ii) the dam does not meet the criteria stated in section 19
343(1)(a) or (b). 20
346 Failure impact ratings for dams 21
(1) An existing dam has, or a proposed dam after its construction 22
will have, the following failure impact rating if a failure 23
impact assessment, accepted by the chief executive under 24
section 349, for the dam, or the proposed dam after its 25
construction, states that the population at risk is-- 26
(a) for a category 1 failure impact rating--2 or more 27
persons and not more than 100 persons; 28
(b) for a category 2 failure impact rating--more than 100 29
persons. 30
Page 168
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 347]
(2) In this section-- 1
population at risk means the number of persons, calculated 2
under the failure impact assessment guidelines, whose safety 3
will be at risk if the dam, or the proposed dam after its 4
construction, fails. 5
347 Offences about failure impact assessments 6
(1) A person must not certify a failure impact assessment 7
containing information the person knows is false or 8
misleading. 9
Maximum penalty--1665 penalty units. 10
(2) A person must not give another person who is certifying a 11
failure impact assessment information the person knows-- 12
(a) the other person will rely on when certifying the failure 13
impact assessment; and 14
(b) is false or misleading. 15
Maximum penalty--1665 penalty units. 16
(3) It is enough for a complaint for an offence against subsection 17
(1) or (2) to state the assessment or information given to the 18
person certifying the assessment was false or misleading to 19
the person's knowledge, without specifying whether it was 20
false or whether it was misleading. 21
348 Cost of failure impact assessment 22
(1) For a failure impact assessment required under section 343(1), 23
the owner of the dam must pay the cost of preparing and 24
certifying the failure impact assessment. 25
(2) For a failure impact assessment required under section 26
343(2)-- 27
(a) if the dam, or the proposed dam, is assessed as not 28
having a category 1 or category 2 failure impact 29
Page 169
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 349]
rating--the chief executive must pay the reasonable cost 1
of preparing and certifying the assessment; and 2
(b) otherwise--the owner of the dam must pay the cost of 3
preparing and certifying the assessment. 4
(3) For subsections (1) and (2), the cost of preparing and 5
certifying the assessment includes the cost of any review of 6
the assessment under section 351. 7
349 Decision about failure impact assessment 8
(1) The chief executive may decide to accept, reject or require a 9
review of a failure impact assessment. 10
(2) However, before requiring a review of, or rejecting, the 11
assessment, the chief executive may require the owner to give 12
additional information about the assessment to assist the chief 13
executive in deciding if the review or rejection is necessary. 14
(3) Without limiting subsection (2), the chief executive may 15
require the preparation of documents including a 16
comprehensive report, by a registered professional engineer, 17
on the design and operation of the dam. 18
350 Notice accepting failure impact assessment 19
If the chief executive accepts a failure impact assessment, the 20
chief executive must give notice of the acceptance to the 21
owner of the dam within 30 business days after the 22
acceptance. 23
351 Reviewing failure impact assessment 24
(1) This section applies if the chief executive is satisfied a failure 25
impact assessment is-- 26
(a) incorrect in a material particular; or 27
(b) incomplete in a material particular; or 28
Page 170
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 352]
(c) not completed in accordance with the failure impact 1
assessment guidelines. 2
(2) The chief executive must, within 30 business days after being 3
satisfied under subsection (1)-- 4
(a) give the owner of the dam an information notice; and 5
(b) return the assessment to the owner. 6
(3) The information notice must require the owner to-- 7
(a) have the assessment reviewed, corrected or completed 8
and recertified; and 9
(b) return the recertified assessment to the chief executive 10
for a decision under section 349 by the day stated in the 11
notice. 12
(4) The owner must comply with the notice unless the owner has 13
a reasonable excuse. 14
Maximum penalty for subsection (4)--1665 penalty units. 15
352 Rejecting failure impact assessment 16
(1) The chief executive may reject a failure impact assessment or 17
a recertified assessment if the assessment or recertified 18
assessment is incorrect or incomplete in a material particular 19
or not completed in accordance with the failure impact 20
assessment guidelines. 21
(2) If the chief executive rejects the assessment or the recertified 22
assessment, the chief executive must, within 30 business days 23
after the rejection, give the owner of the dam an information 24
notice. 25
(3) If the assessment relates to an existing dam, the information 26
notice must require the owner to-- 27
(a) have a new assessment completed and certified; and 28
(b) give the certified assessment to the chief executive for a 29
decision under section 349 within the reasonable period 30
stated in the notice. 31
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(4) The owner must comply with the notice unless the owner has 1
a reasonable excuse. 2
Maximum penalty for subsection (4)--1665 penalty units. 3
Division 3 Safety conditions for existing 4
referable dams 5
353 Applying safety conditions for existing referable dams 6
(1) The chief executive may apply safety conditions to a referable 7
dam. 8
(2) For assessing the safety conditions that are to apply, the chief 9
executive may give the owner of the dam a notice requesting 10
the owner give the chief executive, within the reasonable 11
period stated in the notice-- 12
(a) information that will assist the chief executive in 13
deciding the conditions to be applied; and 14
(b) the fee prescribed under a regulation. 15
(3) The owner must comply with the notice unless the owner has 16
a reasonable excuse. 17
Maximum penalty--200 penalty units. 18
(4) Without limiting subsection (2), the notice may require the 19
preparation of documents including a comprehensive report, 20
by a registered professional engineer, on the design and 21
operation of the dam. 22
354 Deciding safety conditions 23
(1) When the chief executive has received the information 24
requested in a notice under section 353(2), the chief executive 25
must assess the information and decide the safety conditions 26
for the dam. 27
(2) In deciding the safety conditions for the dam, the chief 28
executive must have regard to the guidelines, if any, made by 29
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the chief executive for applying safety conditions to a 1
referable dam. 2
(3) The chief executive must decide the safety conditions for the 3
dam-- 4
(a) within 40 business days after the chief executive 5
receives the information requested; or 6
(b) if the owner of the dam, by written agreement, extends 7
the period--within the extended period. 8
(4) The safety conditions must be relevant to, but not an 9
unreasonable imposition on, the dam or reasonably required 10
for the dam. 11
355 Process after deciding safety conditions 12
(1) When the chief executive has decided the safety conditions 13
for a dam, the chief executive must-- 14
(a) give the owner of the dam an information notice about 15
the safety conditions; and 16
(b) give the local government for the area a copy of the 17
safety conditions. 18
(2) If a development permit has been given, or is taken to have 19
been given, for the construction of the dam, the safety 20
conditions are taken to be conditions attaching to the permit. 21
(3) If a development permit has not been given for the 22
construction of the dam-- 23
(a) the chief executive's decision is taken to be a 24
development permit given for the construction of the 25
dam; and 26
(b) the safety conditions are taken to be conditions attaching 27
to the permit. 28
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356 Changing conditions 1
(1) This section applies for a referable dam if the chief executive 2
is satisfied either or both of the following should be 3
changed-- 4
(a) safety conditions; 5
(b) development conditions. 6
(2) The chief executive may change the conditions. 7
(3) In deciding what the conditions should be, the chief executive 8
may give the owner of the dam a notice requesting the owner 9
give the chief executive, within the reasonable period stated in 10
the notice-- 11
(a) information that will help the chief executive to decide 12
the conditions to be applied; and 13
(b) the fee prescribed under a regulation. 14
(4) The owner must comply with the notice unless the owner has 15
a reasonable excuse. 16
Maximum penalty--200 penalty units. 17
(5) Without limiting subsection (3), the notice may require the 18
preparation of documents including a comprehensive report, 19
by a registered professional engineer, on the design and 20
operation of the dam. 21
(6) In changing the conditions, the chief executive must have 22
regard to the guidelines, if any, made by the chief executive 23
for applying safety conditions to a referable dam. 24
(7) If the chief executive changes the conditions, the chief 25
ex