Queensland Consolidated Acts

SOUTH EAST QUEENSLAND WATER (RESTRUCTURING) ACT 2007

TABLE OF PROVISIONS

           Contents

CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purpose
   4.      Extraterritorial application of Act
   5.      Dictionary

CHAPTER 2--WATER GRID MANAGER AND BULK WATER SUPPLY AUTHORITIES

           Part 1--Establishment, powers and functions

   6.      Establishment of new water entities
   7.      Powers of new water entities
   8.      Authentication of documents
   9.      Functions of new water entities other than the water grid manager
   10.     Functions of the water grid manager
   11.     Functions to be carried out commercially
   12.     Powers and functions in or out of Queensland
   13.     Delegation

           Part 2--Boards

           Division 1--Establishment, membership and related matters

   14.     Establishment and status of boards
   15.     Role of boards
   16.     Appointment of members
   17.     Chairperson
   18.     Deputy chairperson
   19.     Terms and ending of appointments

           Division 2--Business

   20.     Conduct of business
   21.     Time and place of meetings
   22.     Quorum
   23.     Presiding at meetings
   24.     Conduct of meetings
   25.     Minutes
   26.     Disclosure of interests

           Part 3--Senior employees

           Division 1--Chief executive officer

   27.     Appointment of chief executive officer
   28.     Term of appointment
   29.     Conditions of appointment
   30.     Qualifications for appointment
   31.     Chief executive officer's responsibilities
   32.     Things done by chief executive officer

           Division 2--Senior executives

   33.     Appointment of senior executives

           Part 4--Reporting and accountability

           Division 1--Application of other Acts

   34.     Application of financial Acts
   35.     Application of Crime and Misconduct Act 2001

           Division 2--Reporting generally

   36.     Quarterly reports
   37.     Board to keep responsible Ministers informed
   38.     Reporting to department
   39.     Other reporting requirements

           Division 3--Annual reports

   40.     Definition for div 3
   41.     Deletion of commercially sensitive matters from annual report
   42.     Annual report may include a summary of a matter
   43.     Matters to be included in annual report

           Division 4--Strategic and operational plans

   44.     Interaction with the Financial Accountability Act 2009
   45.     Draft strategic and operational plans
   46.     Procedures
   47.     Strategic or operational plan pending agreement
   48.     Strategic or operational plan on agreement
   49.     Compliance with strategic and operational plans
   50.     Modifications of strategic or operational plan
   51.     Content of operational plan

           Part 5--Annual returns

   52.     Non-application to water grid manager
   53.     Requirement to pay annual return
   54.     Amount of annual return

           Part 6--Community service obligations

   55.     Non-application to water grid manager
   56.     Meaning of community service obligations
   57.     Community service obligations to be stated in operational plan

           Part 7--Acquisition and disposal of assets and subsidiaries

   58.     Direction not to dispose of stated asset
   59.     Disposal of main undertakings
   60.     Acquiring and disposing of subsidiaries

           Part 8--Other government direction

   61.     Responsible Ministers may give directions in public interest
   62.     Liability for Commonwealth tax equivalents
   63.     New water entity and board not otherwise subject to government direction

           Part 9--Expiry

   64.     Expiry of new water entities

CHAPTER 3--PROJECT FOR BULK WATER SUPPLY AUTHORITIES

           Part 1--Preliminary

   65.     Water entities
   66.     The project

           Part 2--Particular ministerial powers

   67.     Transfer notice
   68.     Project direction

           Part 3--Matters relating to the Water Act and Water Supply Act

           Division 1--Preliminary

   69.     Definitions for pt 3
   70.     Words have meanings given by the Water Act
   70A.    Words have meanings given by the Water Supply Act

           Division 2--Matters relating to new water entities

   71.     Non-application to water grid manager
   72.     New water entities are service providers
   73.     Entry into service provider register
   74.     Submission of plans
   75.     Application of pricing direction

           Division 3--Matters relating to water entities

   76.     Automatic transfer of instruments relating to transferred works
   77.     References to SEQ Water relating to particular transferred authority
   78.     Transfer of infrastructure

           Part 4--Application of other laws and instruments

   79.     Constructing authority for particular land acquired under the Acquisition of Land Act 1967
   79A.    Coordinator-General is constructing authority for particular land to be taken under the Acquisition of Land Act
   80.     Matters relating to the Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997
   80A.    Reconfiguring a lot after transfer notice takes effect
   80B.    Terminating trust land and granting freehold interest under the Land Act
   80C.    Granting lease under the Land Act
   81.     Non-liability for State taxes

           Part 5--Other matters

   82.     Time within which Minister may act
   83.     Chapter applies despite other laws and instruments
   84.     Decisions not reviewable
   85.     Effect on legal relationships
   86.     Excluded matter for Corporations Act
   87.     Disclosure and use of information for the project
   88.     Registering authority to register or record transfer
   89.     Entry to, and use of, water entity's land after transfer of asset attached to the land
   90.     Preservation of rights of transferred employees
   91.     Prohibition on retrenchment because of project

CHAPTER 4--OTHER MATTERS FOR THE PROJECT

           Part 1--Miscellaneous

   92.     Staff support framework
   93.     Things done by, or given to, responsible Ministers
   95.     Evidentiary aids

           Part 2--Transitional provisions

   97.     Appointment of first chief executive officer
   98.     Appointment of board members
   99.     New water entity's first strategic and operational plans
   100.    New water entity's first quarterly plan
   101.    New water entity's first plans under Financial Accountability Act 2009
   102.    Annual return for a new water entity's first financial year
   103.    Amendment of regulation

CHAPTER 5--RESTRUCTURING RELEVANT WATER ENTITIES

   104.    Relevant water entities
   105.    Transfer of shares, assets, liabilities etc. to relevant water entity
   106.    Effect on legal relationships
   107.    Ministerial direction
   108.    Registering authority to register or record transfer or other dealing
   109.    Regulation dissolving new water entity
   110.    Non-liability for State taxes
   111.    Preservation of rights of transferred employee
   112.    Prohibition on retrenchment because of transfer of employee
   113.    Things done under this chapter
   114.    Excluded matter for Corporations Act
   115.    Severability

CHAPTER 6--MISCELLANEOUS PROVISIONS

   116.    Delegation by Minister
   117.    Regulation-making power
           SCHEDULE 1 -- LOCAL GOVERNMENTS THAT ARE WATER ENTITIES
           SCHEDULE 3 -- DICTIONARY
           Endnotes