SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - As at 1 February 2024 - Act 46 of 2009

Table of Provisions

• Long Title

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 Corruption 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. (Repealed)

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 - OVERDUE CHARGES FOR WATER SERVICES AND WASTEWATER SERVICES

• 53AS Application of pt 3
• 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
53AZ. (Repealed)
• 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 or entering consent arrangement
• 53BK Conditions of approval or arrangement

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 - DISCHARGE OFFICERS, WATER CONNECTION OFFICERS AND WATER RESTRICTION OFFICERS

PART 1 - GENERAL PROVISIONS ABOUT DISCHARGE OFFICERS, WATER CONNECTION OFFICERS AND WATER RESTRICTION OFFICERS

• 53CK Appointment and other provisions
• 53CL Functions of a discharge officer
• 53CLA Functions of a water connection officer
• 53CLB Functions of a water restriction officer

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

PART 4 - POWERS OF WATER CONNECTION OFFICERS

Division 1 - General powers for entering places

• 53DNA General powers of entry

Division 2 - Other powers of water connection officers

• 53DNB Application of ch 2C, pt 2, divs 2 to 8

PART 5 - SHOW CAUSE AND WATER CONNECTION COMPLIANCE NOTICES

Division 1 - Show cause notices

• 53DNC When show cause notice must be given before compliance notice

Division 2 - Water connection compliance notices

• 53DND Who may give a water connection compliance notice
• 53DNE Requirements for water connection compliance notice
• 53DNF Offence to contravene water connection compliance notice
• 53DNG Action distributor-retailer may take if water connection compliance notice contravened
• 53DNH Recovery of costs of water connection compliance action

PART 6 - POWERS OF WATER RESTRICTION OFFICERS

Division 1 - General powers for entering places

• 53E General powers of entry

Division 2 - Other powers of water restriction officers

• 53F Application of pt 2, divs 3–8

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
55. (Repealed)
• 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

• 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 - (Repealed)

PART 4 - WORKFORCE PROVISIONS—PRESERVATION OF RIGHTS OF EMPLOYEES

• 81 Application of pt 4
• 82 Continuity of employment
83. (Repealed)

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 landowner for entry and use
• 88 Landowner’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

• 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

• 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

• 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

• 92CU New grid contract documents for withdrawn councils
• 92CUA Water efficiency management plans
• 92CUB Migration of other actions

Division 3 - Water Supply Act

• 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 - Repealed Sustainable Planning Act 2009

• 92DI Cessation of Allconnex’s functions
92DJ. (Repealed)

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 Landowner’s obligations for asset

PART 7 - (Repealed)

PART 8 - WORKFORCE PROVISIONS—PRESERVATION OF RIGHTS OF EMPLOYEES

• 92EI Application of pt 8
• 92EJ Transfer has effect despite other laws and instruments
• 92EK Continuity of employment
92EL. (Repealed) 92EM. (Repealed) 92EN. (Repealed) 92EO. (Repealed) 92EP. (Repealed)

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
94A. (Repealed)
• 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
98. (Repealed)

PART 3 - REVIEW OF CODE

• 99 Review

PART 3A - (Repealed)

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 charter
• 99AEA Access to charter

Division 2 - Meters

• 99AFA SEQ service provider 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

• 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
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 for rates notices

Division 5 - Miscellaneous provision

• 99AX New owner’s obligation to notify SEQ service provider

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 SEQ service provider to take action about code
• 99BH Power of Minister if SEQ service provider does not comply with direction

PART 4 - (Repealed)

CHAPTER 4B - WATER NETSERV PLANS

PART 1 - GENERAL PROVISIONS

• 99BJ Requirement for SEQ service provider to adopt plan
• 99BK Plan to be consistent with SEQ regional plan and planning assumptions
• 99BL Requirement for SEQ service provider 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
• 99BOA Connections policy for distributor-retailers
• 99BOB Charges schedules for distributor-retailers
• 99BP Content of part B of plan

PART 3 - PARTICULAR PROVISIONS ABOUT PLANS

• 99BQ Matters SEQ service provider must have regard to in making plan

PART 4 - MAKING AND AMENDMENT

• 99BR Process for making
• 99BRAA Process for amending plan
• 99BRAB Adoption of plan or amendment

CHAPTER 4C - WATER APPROVALS AND INFRASTRUCTURE

PART 1 - SERVICES ADVICE NOTICES

• 99BRAC Obtaining notice
• 99BRAD Water approval still required

PART 2 - WATER APPROVALS

Division 1 - Application and decision process

• 99BRAE Operation of pt 2
• 99BRAF Applying for water approval
• 99BRAG Decision generally
• 99BRAH Other decision rules
• 99BRAI Decision notice

Division 2 - Conditions and charges

• 99BRAJ Water approval conditions must be relevant and reasonable
• 99BRAK Power to amend
• 99BRAL Water approval condition agreements
• 99BRAM Water infrastructure agreement terms become water approval conditions
Subdivision 2 - Water approval charges
• 99BRAN Charges that may be levied

Division 3 - Effect of water approvals

• 99BRAO When approval takes effect
• 99BRAP When approval lapses
• 99BRAQ Approval attaches to land
• 99BRAR Notice about conditions, fees and charges
• 99BRAS Authority to make a connection
• 99BRAT Assessment of connections, water approvals and works

PART 3 - STANDARD CONNECTIONS

• 99BRAU Requests for standard connections
• 99BRAV Charges that may be levied

PART 4 - REVIEWS AND APPEALS

Division 1 - Preliminary

• 99BRAW Meaning of interested person and original decision
• 99BRAX Other definitions for pt 4

Division 2 - Internal reviews

• 99BRAY Appeal process starts with internal review
• 99BRAZ Who may apply for review
• 99BRBA Requirements for making internal review application
• 99BRBB Review decision
• 99BRBC Notice of review decision
• 99BRBD Internal review stops particular actions

Division 3 - Appeals to a development tribunal

• 99BRBE Appeals about applications for connections—general
• 99BRBF Appeals about applications for connections—particular charges
• 99BRBFA Appeals against refusal of conversion application
• 99BRBG Application of relevant development tribunal appeal provisions
• 99BRBH Notice of appeal
• 99BRBI Respondent for appeals
• 99BRBIA Development tribunal to decide appeal about application for a connection based on particular laws
• 99BRBJ Who must prove case for appeals
• 99BRBK Registrar must ask distributor-retailer for material in particular proceedings
• 99BRBL Work under water approval not to start if appeal is started and not decided or withdrawn
• 99BRBM Appeals may be combined with appeals under the Planning Act

Division 4 - Appeals to the Planning and Environment Court

• 99BRBN Appeals about applications for connections—general
• 99BRBO Appeals about applications for connections—particular charges
• 99BRBOA Appeals against refusal of conversion application
• 99BRBP Appeals about water connection compliance notices
• 99BRBPA How appeals are started
• 99BRBQ Application of relevant court provisions
• 99BRBQA Court to decide appeal about application for a connection based on particular statutory instruments
• 99BRBR Notice of appeal to other parties
• 99BRBS Stay of operation of water connection compliance notice
• 99BRBT Respondent for appeals
• 99BRBU Who must prove case for appeals
• 99BRBV Work under water approval not to start if appeal is started and not decided or withdrawn
• 99BRBW Appeals may be combined with appeals under the Planning Act

PART 5 - OFFENCES

• 99BRBX Connections without water approval
• 99BRBY Requirement to comply with standard conditions
• 99BRBZ Requirement to comply with conditions of water approvals

PART 6 - ENFORCEMENT PROCEEDINGS

• 99BRCA Starting proceeding for enforcement order
• 99BRCB Application of Water Supply Act enforcement order provisions

PART 7 - WATER INFRASTRUCTURE

Division 1 - Preliminary

• 99BRCC Definitions for pt 7

Division 2 - Infrastructure charges schedule

• 99BRCD Operation of div 2
• 99BRCE Schedule of charges to be adopted

Division 3 - Charges for trunk infrastructure

• 99BRCF Power to adopt charges by board decision
Subdivision 2 - Board decision
• 99BRCG Matters for board decision
• 99BRCH Working out cost of infrastructure for offset or refund
• 99BRCHA Criteria for deciding conversion application
Subdivision 3 - Levying charges
• 99BRCI When charge may be levied and recovered
• 99BRCJ Limitation of levied charge
• 99BRCK Requirements for infrastructure charges notice
Subdivision 4 - Payment
• 99BRCL Payment triggers generally
• 99BRCM Agreements about payment or provision instead of payment
Subdivision 5 - Changing charges
• 99BRCN Application of Planning Act, ch 4, pt 2, div 2, sdiv 5
Subdivision 6 - Miscellaneous
• 99BRCO Distributor-retailer may supply different trunk infrastructure from that identified in a water netserv plan

Division 4 - Water approval conditions about trunk infrastructure

• 99BRCP Application and operation of sdiv 1
• 99BRCQ Necessary infrastructure condition for infrastructure identified in water netserv plan
• 99BRCR Necessary infrastructure condition for other infrastructure
• 99BRCS Deemed compliance with reasonable or relevant requirement
• 99BRCT Offset or refund requirements
Subdivision 2 - Conditions for additional trunk infrastructure costs
• 99BRCU Power to impose
• 99BRCV Content of additional payment condition
• 99BRCW Restriction if connection completely in connection area and future connection area
• 99BRCX Other area restrictions
• 99BRCY Refund if connection in connection area and future connection area
• 99BRCZ Refund if water approval ceases
• 99BRDA Additional payment condition does not affect other powers
Subdivision 3 - Miscellaneous provisions
• 99BRDB No conditions on State infrastructure suppliers
• 99BRDC Working out cost for required offset or refund

Division 5 - Miscellaneous provisions about trunk infrastructure

• 99BRDD Application of sdiv 1
• 99BRDE Application to convert infrastructure to trunk infrastructure
• 99BRDF Deciding conversion application
• 99BRDG Notice of decision
• 99BRDH Effect of and action after conversion
Subdivision 2 - Other provisions
• 99BRDI Application of levied charge

Division 6 - Non-trunk infrastructure

• 99BRDJ Conditions distributor-retailers may impose

Division 7 - Water infrastructure agreements

• 99BRDK Water infrastructure agreement
• 99BRDL Obligation to negotiate in good faith
• 99BRDM Content of water infrastructure agreement
• 99BRDMA Copy of water infrastructure agreement to be given to local government
• 99BRDN When water infrastructure agreement binds successors in title
• 99BRDO Water infrastructure agreement prevails over water approval and infrastructure charges notice
• 99BRDP Agreement for infrastructure partnerships

PART 8 - MISCELLANEOUS PROVISIONS

• 99BRDQ SEQ service provider’s guarantees to provide connection
• 99BRDR Ch 4C does not limit Water Supply Act
99BS. (Repealed)

CHAPTER 5 - MISCELLANEOUS PROVISIONS

PART 1 - PUBLIC ACCESS TO INFORMATION

• 99BT Keeping particular documents available for inspection and purchase
• 99BU Requirements for infrastructure charges register
• 99BV SEQ service provider may charge for copies of documents

PART 2 - (Repealed)

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

• 99BZD Compensation by local governments for particular 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 Chief executive may make guidelines
• 100D Application of Water Supply Act internal and external review provisions for decisions under Act
• 100DA Requirement for SEQ service provider to give information
• 100E Offences against Act are summary
• 100F Application of Water Supply Act enforcement provisions for particular offences
• 100G Documents and information about water approvals and development approvals
• 101 Approved forms
• 102 Regulation-making power

CHAPTER 6 - TRANSITIONAL AND VALIDATION PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 46 OF 2009

• 103 Appointment of first chief executive officer
• 104 Interim participation agreement
105. (Repealed)
• 106 Provision for market rules
107. (Repealed)

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. (Repealed)

PART 7 - TRANSITIONAL PROVISIONS FOR SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) AMENDMENT ACT 2012

• 124 Definitions for pt 7
• 125 Cessation of staff support framework
• 126 Retransfer staff support framework taken never to have had effect
• 127 Effect of former s 92EE on staff support framework
• 128 Application of particular provisions of Local Government (Operations) Regulation 2010 to withdrawn councils’ employees
129. (Repealed)

PART 8 - TRANSITIONAL PROVISION FOR SOUTH EAST QUEENSLAND WATER (RESTRUCTURING) AND OTHER LEGISLATION AMENDMENT ACT 2012

• 130 Effect of SEQ design and construction code

PART 9 - TRANSITIONAL PROVISIONS FOR WATER SUPPLY SERVICES LEGISLATION AMENDMENT ACT 2014

Division 1 - Preliminary

• 131 Definitions for pt 9

Division 2 - Provisions about delegations

• 132 Delegations for concurrence agency functions
• 133 Delegations related to functions under the repealed SPA, ch 9, pt 7A, div 4 continue
• 134 Delegation of functions under the repealed SPA, ch 9, pt 7A, div 5

Division 3 - Provisions about development approvals

• 135 Water connection aspect of development approvals under the repealed SPA

Division 4 - Miscellaneous

• 137 SEQ service providers to adopt interim connections policy
• 138 Documents and information about water approvals and development approvals under former s 53
• 139 Overdue charges
• 140 Schedule of works for distributor-retailers before 1 October 2014
140A. (Repealed)

PART 10 - TRANSITIONAL PROVISIONS FOR SUSTAINABLE PLANNING (INFRASTRUCTURE CHARGES) AND OTHER LEGISLATION AMENDMENT ACT 2014

• 140B Definitions for pt 10
• 140C Development application for development approval—distributor-retailers
• 140D Existing notices
• 140E Power to give infrastructure charges notice for particular existing development approvals
• 140F Adopted infrastructure charges at commencement continue in effect

PART 11 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

• 141 Definitions for part
• 142 Particular existing functions of distributor-retailer—SEQ declared master planned area
• 143 Appeals and particular rights to appeal to a building and development dispute resolution committee
• 144 Appeals and particular rights to appeal to Planning and Environment Court
• 145 Existing board decisions
• 146 Submission made under former s 99BRCN
• 147 Development approval involving a water connection aspect given after commencement of Planning Act
• 148 Defined related application made after commencement—water approval conditions
• 149 Infrastructure charges notice for water connection aspect of development approval taken to be water approval
• 150 Infrastructure charges notice for particular other development approval
• 151 Delegations

PART 12 - VALIDATION PROVISION FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019

• 152 Validation provision for particular infrastructure charges notices

PART 13 - TRANSITIONAL PROVISION FOR MINERAL AND ENERGY RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2020

• 153 Obligation of distributor-retailer to include documents and information in infrastructure charges register

PART 14 - TRANSITIONAL PROVISIONS FOR WATER LEGISLATION AMENDMENT ACT 2023

• 154 Definition for part
• 155 Continued application of former s 95 to notices published before commencement
• 156 Continued application of former s 99BB to notices published before commencement
• SCHEDULE - Dictionary