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SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT
2009
TABLE OF PROVISIONS
Long Title
Contents
CHAPTER 1--PRELIMINARY
Part 1--Introduction
1. Short title
2. Commencement
Part 2--Purposes and application of Act
3. Purposes of Act
4. Achievement of purposes
Part 3--Interpretation
Division 1--Key definitions
5. Who are a distributor-retailer's participating local governments
6. What is a distributor-retailer's geographic area
Division 2--Dictionary
7. Dictionary
Division 3--Functions
7A. References to functions
CHAPTER 2--NEW AUTHORITIES FOR WATER DISTRIBUTION AND RETAILING
Part 1--Establishment, functions and powers
8. Establishment
9. Legal status
10. Expiry
11. Functions
12. Powers
13. Functions
Part 2--Application of particular other Acts to distributor-retailers
14. Statutory Bodies Financial Arrangements Act 1982
15. Financial Accountability Act 2009
16. Crime and Misconduct Act 2001
17. Right to information Act 2009
17A. Information Privacy Act 2009
18. Land Act and Land Title Act
18A. Penalties and Sentences Act 1992
18B. Joint government activity power for LGA 2009 and CBA 2010
19. Deletion of commercially sensitive matters from annual report
Part 3--Participation agreements for distributor-retailers
20. Requirement for agreement
21. Planning and reporting requirements
22. Particular matters agreement may provide for
23. Minister's default power to make agreement
24. When agreement takes effect
25. Tabling of agreement
26. Effect as a contract
27. Act prevails over agreement
28. Power to amend by agreement
29. Ministerial approval required for change in particular matters
30. Tabling of amended agreement
30A. Publication of participation agreement etc.
Part 4--Boards of distributor-retailers
Division 1--Establishment, membership and related matters
31. Requirement to have board
32. Role of boards
33. Membership in general
34. Councillor-members
35. Independent members
36. Disqualifications for independent member
36A. Terms of membership
36B. Chairperson
Division 2--Business
37. Conduct of business
38. Time and place of meetings
39. Presiding at meetings
40. Conduct of meetings
41. Minutes
42. Disclosure of interests
Division 3--Financial management
43. Approval required for profit distribution
Part 5--Chief executive officer
44. Appointment of chief executive officer
45. Term of appointment
46. Conditions of appointment
47. Qualifications for appointment
48. Chief executive officer's responsibilities
Part 6--Reserve powers of participating local governments
49. Group directions
49A. Individual directions
50. Publication of directions
51. Compliance with directions
Part 7--Miscellaneous provisions
52. Authentication of documents
52A. Relationship between councillor-member functions and councillor functions
53. Delegation
CHAPTER 2A--GENERAL PROVISIONS FOR DISTRIBUTOR-RETAILERS AS SERVICE PROVIDERS
Part 1--Provisions for distributor-retailers to become service providers
Division 1--General provisions
53AA. Distributor-retailers become service providers
53AB. Participating local governments cease being service providers
53AC. Notice to regulator not required for transfer under transition document
53AD. Existing customers
53AE. Provision for market rules
Division 2--Existing trade waste approvals
53AF. Existing trade waste approvals
53AG. Power to amend existing trade waste approvals for particular purposes
53AH. Requirements for making consistency amendment
Division 3--Provision of information
53AI. Authorised exchange of information
Part 2--Application of particular Water Supply Act provisions to distributor-retailers
Division 1--Preliminary
53AJ. Purpose of pt 2
53AK. Application of pt 2
Division 2--Application of provisions
53AL. Provision about plans under the Water Supply Act—generally
53AM. Provision about strategic asset management plan
53AN. Provision about system leakage management plan
53AO. Provision about drinking water service
53AP. Provision about service areas—before water netserv plan is in effect
53AQ. Provision about service areas—after water netserv plan is in effect
53AR. Provision about recycled water management plan
Part 3--Charges for water services and wastewater services and other matters
Division 1--Restriction on charges in capped prices period
Subdivision 1--Preliminary
53ARA. Definitions for div 1
53ARB. Application of div 1
Subdivision 2--Caps
53ARC. Cap for 2011-12 financial year
53ARD. Cap for 2012-13 financial year
53ARE. Caps not affected by rebate or subsidy change
Subdivision 3--Provisions for no or partial base year
53ARF. Application of sdiv 3
53ARG. Notional base component required for working out cap
53ARH. Criteria if no base year
53ARI. Criteria if partial base year
Division 2--Overdue charges
53AS. Application of div 2
53AT. Interest
53AU. Overdue charge is owing by any owner of the premises
53AV. Charge on premises for overdue charge, CPI indexation and costs ordered
53AW. Quarterly CPI indexation for distributor-retailer's charge
53AX. Registration of charge and effect of registration
Part 3A--Personal details requirements
53AXA. Application of pt 3A
53AXB. Power to require name and residential address
53AXC. Power to require evidence of name or residential address
53AXD. Exception if infringement notice offence not proved
Part 4--Miscellaneous provisions
53AY. Authority to acquire land
53BA. Ownership of water infrastructure that becomes part of land
CHAPTER 2B--WATER INFRASTRUCTURE PROVISIONS FOR DISTRIBUTOR-RETAILERS
Part 1--Preliminary
53BB. What is water infrastructure and water infrastructure work
53BC. What is a public entity
53BD. Publicly-controlled places and their public entities
53BE. What is a road and a State-controlled road
53BF. What are road works
53BG. Meaning of location on a road
Part 2--Carrying out water infrastructure work on publicly-controlled places
Division 1--When work may be carried out
53BH. Right to carry out work on publicly-controlled place
53BI. Requirements for carrying out work
53BJ. Obtaining public entity's approval
53BK. Conditions of approval
Division 2--Obligations in carrying out work
53BL. Application of div 2
53BM. Guarding
53BN. Warning signs on roads
53BO. General obligations in carrying out work
53BP. Maintenance
Division 3--Work directions
53BQ. Power to give work direction
53BR. Compliance with work direction
53BS. Costs of carrying out directed work
Part 3--Public entity work
53BT. Application of pt 3
53BU. Requirement to consult if water infrastructure affected
53BV. Power to require consequential work
53BW. Compliance with consequential work requirement
53BX. Costs of carrying out required consequential work
Part 4--Water infrastructure interfering with publicly-controlled place
53BY. Application of pt 4
53BZ. Remedial action by public entity in emergency
53CA. Power to require remedial action
53CB. Compliance with remedial action requirement
53CC. Costs of taking required remedial action
Part 5--Water infrastructure work and roads
53CD. Application of pt 5
53CE. Record obligation
53CF. Obligation to give public entity information
53CG. Exclusion of liability for particular damage by public entity to water infrastructure
53CH. Liability for additional public entity road work expenses
53CI. Distributor-retailer and public entity may share costs
Part 6--Miscellaneous provision
53CJ. Compensation
CHAPTER 2C--TRADE WASTE AND SEEPAGE WATER PROVISIONS FOR DISTRIBUTOR-RETAILERS
Part 1--General provisions about discharge officers
53CK. Appointment and other provisions
53CL. Functions
Part 2--Powers of discharge officers
Division 1--General powers for entering places
53CM. General powers of entry
Division 2--Entry to take discharge compliance action
53CN. Power to enter
Division 3--Approved inspection programs
53CO. Power to enter place subject to approved inspection program
53CP. Approving an inspection program
53CQ. Content of public notice and access requirements
Division 4--Obtaining warrants
53CR. Application for warrant
53CS. Issue of warrant
53CT. Application by electronic communication and duplicate warrant
53CU. Defect in relation to a warrant
Division 5--Procedure for entries
53CV. Entry with consent
53CW. Entry under warrant
53CX. Other entries
Division 6--Powers after entry
53CY. Application of div 6
53CZ. General powers after entry
53DA. Failure to help discharge officer
Division 7--Personal details requirements
53DB. Application of div 7
53DC. Power to require name and residential address
53DD. Power to require evidence of name or residential address
53DE. Exception if discharge offence not proved
Division 8--Safeguards
53DF. Duty to avoid damage
53DG. Notice of damage
53DH. Content of notice of damage
53DI. Compensation from distributor-retailer to owner or occupier
Part 3--Discharge compliance notices
53DJ. Who may give a discharge compliance notice
53DK. Requirements for discharge compliance notice
53DL. Offence to contravene discharge compliance notice
53DM. Action distributor-retailer may take if discharge compliance notice contravened
53DN. Recovery of costs of discharge compliance action
CHAPTER 3--TRANSFER FROM LOCAL GOVERNMENTS TO DISTRIBUTOR-RETAILERS
Part 1--Transfer schemes
Division 1--Making of transfer schemes
54. Power to make transfer scheme
56. Particular matters scheme may provide for
56A. Period of transfer schemes
Division 2--Approval of transfer scheme
57. Request for approval
58. Requirements for certification statement
59. Deciding request
60. Notice and taking effect of approved scheme
Division 3--Miscellaneous provision
61. Discharge of liabilities by transfer scheme
Part 2--Ministerial powers for transition
62. Transfer notice
63. Period of transfer notices
64. Effect of transfer notice
65. Transfer direction
Part 3--Provisions facilitating transition
Division 1--General provisions
66. Chapter applies despite other laws and instruments
67. Decisions not reviewable
68. Effect on legal relationships
69. Disclosure and use for transition of information
70. Registering authority to register or record transfer
71. Non-liability for State taxes, charges or fees
Division 2--Provisions for other laws and instruments
Subdivision 1--Acquisition of Land Act
72. Existing acquisitions
73. Acquisitions interrupted by transfer scheme or notice
74. Provisions for distributor-retailer becoming constructing authority
Subdivision 2--Land Act
75. Terminating trust land and granting freehold interest
76. Granting Land Act lease
Subdivision 3--Infrastructure agreements
77. Application of sdiv 3
77A. Novation for unbundled agreements
77B. Bundled agreements—terms relating solely to water aspects
77C. Bundled agreement—mixed rights
77D. Bundled agreement—mixed liabilities
77E. Negotiation about mixed rights and liabilities
77F. Other necessary changes to be made for transition
77G. Other party's rights and liabilities not affected
77H. Provision for things done under agreement before the transfer
Subdivision 3A--Other matters under Acts about planning
77I. Application of sdiv 3A
77J. Transfer of liability in particular circumstance
77K. Provisions for sharing benefit of liability not solely for water infrastructure
77L. Changes in references under relevant action
Subdivision 4--Reconfigurations
78. Reconfiguring a lot after transfer scheme or notice takes effect
Subdivision 5--Planning schemes and declared master planned areas
78A. Application of planning schemes for development in SEQ region
78B. Distributor-retailer is participating agency
Part 4--Workforce provisions
Division 1--Staff support framework
79. Staff support framework
80. Staff support framework prevails over transfer scheme or notice
Division 2--Preservation of rights of employees
81. Application of div 2
82. Continuity of employment
83. Preservation of rights of transferred employees during transitional period
Part 5--Provisions for separate transfers of land and attached assets
84. Application of pt 5
85. References to land with asset attached
86. Entry to and use of land and structures by asset owner
87. Compensation to land owner for entry and use
88. Land owner's obligations for asset
89. Registration of information about asset
Part 6--Provisions for easements
90. Application of pt 6
91. Rights, liabilities and obligations under easement
92. Registration of information about easement
CHAPTER 3A--REPLACEMENT OF ALLCONNEX BY COUNCILS
Part 1--Preliminary
92AA. Application of ch 3A
92AB. What is Allconnex
92AC. What is a withdrawn council
92AD. What is Allconnex's successor
Part 2--General provisions for retransfer to withdrawn councils on 1 July 2012
Division 1--Preliminary
92AE. Application of pt 2
Division 2--General service provider provisions
92AF. Allconnex ceases to be service provider
92AG. Withdrawn councils become service providers
92AH. No notice to regulator required
92AI. Withdrawn council's initial service area
92AJ. Creation of commercial business units for withdrawn councils
92AK. Migration of customers
92AL. Migration of appointments and delegations
Division 3--Transfer of Allconnex's trade waste and seepage water functions under Water Supply Act
92AM. Application of particular provisions of ch 2C
92AN. Other functions not affected
Division 4--Allconnex's status, functions and board
92AO. Legal status unaffected until dissolution
92AP. Residual functions
92AQ. Board
Part 3--Retransfer provisions
Division 1--Retransfer scheme
Subdivision 1--General provisions
92AR. Requirement to make scheme
92AS. Restriction on scheme taking effect
Subdivision 2--Contents
92AT. Requirement to deal with proceedings and claims
92AU. Accounting for assets and liabilities
92AV. Requirement to retransfer particular land to same withdrawn council
92AW. Required transferee for after-acquired land
92AX. Particular matters scheme may provide for
Subdivision 3--Certification statement
92AY. Requirement to give statement to Minister
92AZ. Content requirements
92BA. Ministerial notice of retransfer
Subdivision 4--Miscellaneous provision
92BB. Discharge of liabilities
Division 2--Ministerial functions for retransfer
92BC. Retransfer notice
92BD. Retransfer direction
Division 3--Miscellaneous provisions for retransfer documents
92BE. Discharge of liabilities
92BF. Effect of retransfer document
Part 4--General provisions facilitating retransfer
Division 1--Preliminary
92BG. Application of pt 4
Division 2--Default provisions
Subdivision 1--General provisions
92BH. Allconnex's service charges
92BI. Allconnex's other assets and liabilities
92BJ. Allconnex's replacement for proceedings
92BK. Proceedings not started
Subdivision 2--Provisions for infrastructure agreements and actions under Acts about planning
92BL. Application of sdiv 2
92BM. Novation if only 1 successor
92BN. Negotiation required if more than 1 successor
92BO. Effect of negotiated agreement or Minister's decision
92BP. Discharge of Allconnex
92BQ. Other necessary changes to be made for transition
92BR. Provision for things done before retransfer
Division 3--Information provisions
92BS. Authorised exchange of information
92BT. Disclosure and use of information for retransfer
92BU. Provision for continued access to Allconnex's records
92BV. Relationship with Information Privacy Act 2009 and Right to Information Act 2009
Division 4--Withdrawal costs
Subdivision 1--Preliminary
92BW. What are withdrawal costs
Subdivision 2--Entitlements
92BX. Gold Coast City Council bears its own withdrawal costs
92BY. Allconnex's withdrawal costs
92BZ. Other withdrawn councils
92CA. Claiming withdrawal costs
92CB. Duty to mitigate
92CC. Limitation period
92CD. Exclusions
Subdivision 3--Arbitration
92CE. Application of sdiv 3
92CF. Referral to arbitrator
92CG. Conduct of arbitration
92CH. Ordinary protection and immunity allowed
92CI. Orders
92CJ. Order final
92CK. How order enforced
Division 5--Other provisions
92CL. Application of Judicial Review Act 1991 to particular decisions
92CM. Effect on legal relationships
92CN. References to Allconnex
92CO. Registering authority to register or record transfer
92CP. Non-liability for State taxes, charges or fees
92CQ. Tax equivalents
92CR. Existing trade waste compliance notices
Part 5--Provisions for other laws and instruments
Division 1--Preliminary
92CS. Application of pt 5
Division 2--Water Act
92CT. Provision for market rules
92CU. New grid contract documents for withdrawn councils
92CUA. Water efficiency management plans
92CUB. Migration of other actions
Division 3--Water Supply Act
Subdivision 1--Existing trade waste and seepage approvals
92CV. Existing trade waste and seepage water approvals
92CW. Power to amend existing trade waste approvals for particular purposes
Subdivision 2--Other matters
92CX. Migration of applications
92CY. Migration of Allconnex's actions
92CZ. Compliance and other notices
92DA. Plans under the Water Supply Act—generally
92DB. Provision about service areas—after water netserv plan is in effect
92DC. Strategic asset management plan
92DD. Recycled water management plan
92DE. System leakage management plans
92DF. Drinking water quality management plan
Division 4--Water EPP
92DG. Trade waste plans and managing wastewater services
Division 5--Amending particular documents to reflect transition
92DH. Amendment power
Division 6--Planning Act
92DI. Cessation of Allconnex's functions
92DJ. Continued effect of non-application of planning schemes under s 78A
Division 7--Acquisition of Land Act
92DK. Existing acquisitions
92DL. Acquisitions interrupted by retransfer scheme or notice
92DM. Provisions for withdrawn council becoming constructing authority
Division 8--Land Act
92DN. Provision for particular freehold land and Land Act leases
Division 9--Plumbing and Drainage Act 2002
92DO. Cessation of functions and other matters
Division 10--LGA 2009
92DP. LGA 2009 applies for particular debts to Allconnex
Part 6--Provisions for separately retransferred land and attached assets
92DQ. Application of pt 6
92DR. References to land with asset attached
92DS. Entry to the land by local government workers
92DT. Land owner's obligations for asset
Part 7--Restrictions on particular charges for 2012–13 financial year
Division 1--Preliminary
92DU. Definitions for pt 7
92DV. Application of pt 7
Division 2--Cap for 2012–13 financial year
92DW. Cap
92DX. Cap not affected by rebate or subsidy change
Division 3--Provisions for no or partial base year
92DY. Application of div 3
92DZ. Notional base component required for working out cap
92EA. Criteria if no base year
92EB. Criteria if partial base year
Part 8--Workforce provisions
Division 1--Support framework for retransfer
92EC. Ministerial approval of framework
92ED. When framework commences
92EE. Effect on staff support framework
92EF. Publication of framework
92EG. Obligation to comply with framework
92EH. Framework prevails over retransfer scheme or notice
Division 2--Preservation of employee rights
Subdivision 1--Preliminary
92EI. Application of div 2
Subdivision 2--General provisions
92EJ. Transfer has effect despite other laws and instruments
92EK. Continuity of employment
Subdivision 3--Preservation of employees' rights during retransfer period
92EL. What is the retransfer period and existing conditions
92EM. What is a designated industrial instrument
92EN. Preservation of rights
92EO. Provisions for existing conditions
92EP. Declaratory provision for industrial instruments
Part 9--Dissolution of Allconnex
92EQ. Fixing dissolution day
92ER. Dissolution
92ES. Other provisions for dissolution
CHAPTER 4--CUSTOMER WATER AND WASTEWATER CODE AND OTHER CUSTOMER SERVICE PROVISIONS
Part 1--General provisions about code
93. Minister's power to make code
94. Particular matters code may provide for
94AA. Gazettal and taking of effect of code
94AB. Tabling of code
Part 2--Process for making or amending code
95. Public notice about availability of draft code
96. Preparing and approving final code
97. Amendment of code
Part 3--Review of code
99. Review
Part 3A--Code administration
99A. Commission to advise Minister
99AAA. Distributor-retailer to give report to commission
Part 4--Other customer service provisions
Division 1--General provisions about standards of customer service
99AB. Obligation to comply with part
99AC. Application of complaints standard
99AD. Customer service charter
99AE. Updating of and access to customer service charter
Division 2--Meters
Subdivision 1--General provisions
99AFA. Distributor-retailer may accept meter reading by customer
99AG. Meters must be read annually
99AH. Methods and basis of charging
99AI. Special meter readings
Subdivision 2--Meter tests
99AJ. Meter accuracy test at customer's request
99AK. When meter taken to register accurately
99AL. Extent of inaccuracy
99AM. Notice of test results
99AN. Refund and adjustment if inaccuracy
99AO. Using testing instruments
Division 3--Security and charges
Subdivision 1--Restrictions on requesting security
99AP. Security may only be requested if subdivision complied with
99AQ. Residential customers
99AR. Non-residential customers
99AS. Maximum security that may be requested
99ASA. Annual notice of security
Subdivision 2--Restricting water supply
99AT. Restricting water supply for not paying charges or giving security
Subdivision 3--Publication of, and exemption from, charges
99ATA. Publication etc. of charges
99ATB. Exemption from charges
99ATC. Local government must provide information to distributor-retailer
Division 4--Accounts
99AU. Application of div 4
99AV. Matters required to be stated in account
99AW. Requirements for accounts included in rates notice
Division 5--Miscellaneous provision
99AX. New owner's obligation to notify distributor-retailer
CHAPTER 4A--SEQ DESIGN AND CONSTRUCTION CODE
Part 1--General provisions about code
99AY. What is the SEQ design and construction code
99AZ. Requirement to have code
99BA. Particular matters for code
Part 2--Process for making or amending code
99BB. Public notice about availability of draft code
99BC. Preparing final code
99BD. Adopting code
99BE. When code has effect
99BF. Amendment of code
Part 3--Minister's powers in relation to code
99BG. Power of Minister to direct distributor-retailer to take action about code
99BH. Power of Minister if distributor-retailer does not comply with direction
Part 4--Miscellaneous
99BI. Commission to keep copies of code available for inspection
CHAPTER 4B--WATER NETSERV PLANS
Part 1--General provisions
99BJ. Requirement for distributor-retailer to have plan
99BK. Plan to be consistent with SEQ regional plan and planning assumptions
99BL. Requirement for distributor-retailer to review plan
Part 2--Purposes, form and content of plan
99BM. Purposes of plan
99BN. Form of plan
99BO. Content of part A of plan
99BP. Content of part B of plan
Part 3--Particular provisions about plans
99BQ. Matters distributor-retailer must have regard to in making plan
Part 4--Process for making or amending plans
99BR. Process for making or amending plan
99BS. Content of regulation for making or amending plan
CHAPTER 5--MISCELLANEOUS PROVISIONS
Part 1--Public access to information
99BT. Meaning of available for inspection and purchase
99BU. Keeping particular documents available for inspection and purchase
99BV. Distributor-retailer may charge for copies of documents
Part 2--Participating local government price mitigation documents
99BW. Price mitigation plans
99BX. Final price paths
Part 3--Portability of long service leave
99BY. Definition for pt 3
99BZ. Application of pt 3
99BZA. Continuation of accrued rights to long service leave
99BZB. Recognition of previous periods of employment
99BZC. Payment by former employer to new employer towards long service leave entitlements accrued with former employer
Part 4--Other matters
100. Liability for Commonwealth and State tax equivalents
100A. Trade waste management plans and plans for managing wastewater services
100B. Distributor-retailer to prepare statement about capital works
100C. Commission may make guidelines
100D. Application of Water Supply Act internal and external review provisions for decisions under Act
100DA. Requirement for distributor-retailer to give information
100E. Offences against Act are summary
100F. Application of Water Supply Act enforcement provisions for particular offences
101. Approved forms
102. Regulation-making power
CHAPTER 6--TRANSITIONAL PROVISIONS
Part 1--Transitional provisions for Act No. 46 of 2009
103. Appointment of first chief executive officer
104. Interim participation agreement
106. Provision for market rules
107. Amendment under Act of Statutory Bodies Financial Arrangements Regulation 2007
Part 2--Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2010
107A. Declaratory provision for s 83
108. Public entity approvals taken to be given for existing water infrastructure work
109. Deferral of distributor-retailer's liability for additional public entity road work expenses
110. Existing authorised persons
Part 3--Transitional provisions for the Water and Other Legislation Amendment Act 2010
111. Definition for pt 3
112. Amendments to ss 53AE and 53AS
113. Publication of participation agreement etc.
114. Refund of certain charges
115. Matters relating to first making of code
Part 4--Transitional provisions for Fairer Water Prices for SEQ Amendment Act 2011
116. Application of s 99ATA for charges applying in capped prices period
117. Application of s 99AV to accounts for charges
Part 5--Transitional provision for amendments under Waste Reduction and Recycling Act 2011
118. Trade waste officers
Part 6--Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012
119. What is a transitional matter
120. Price mitigation plans of withdrawn councils
120A. Authorised exchange of information
121. Customer water and wastewater code amendments for transitional matters
121A. Application of s 99ATA to withdrawn councils and Allconnex
122. Deferral of application of s 99AV
123. Transitional regulation-making power
SCHEDULE -- DICTIONARY
Endnotes
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