SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 140C Development application for development approval—distributor-retailers

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 140C

140C Development application for development approval—distributor-retailers

(1) This section applies to a development application to which the repealed SPA, section 959B or 959C applies if the application is for a material change of use of premises or reconfiguring a lot under the repealed SPA.

(2) Despite the repealed SPA, sections 959B(3) and 959C(3), for the aspect of the application for which a distributor-retailer or its participating local government is a concurrence agency—

(a) the following provisions of the unamended repealed SPA do not apply for deciding the application—

(i) chapter 8;

(ii) section 347(1)(b);

(iii) chapter 9, part 7A, division 5; and

(b) section 99BRAJ(2)(h), (3) and (4) and chapter 4C, part 7, divisions 4 and 6 apply for deciding the application—

(i) as if a reference to an application for a water approval were a reference to a development application; and

(ii) as if a reference to an applicant for a water approval were a reference to an applicant for a development approval; and

(iii) as if a reference to a water approval were a reference to a development approval; and

(iv) as if a reference to a water approval condition were a reference to a condition of a development approval; and

(v) as if a reference to a distributor-retailer were a reference to the concurrence agency for the development application; and

(vi) with any other necessary changes.

(3) The distributor-retailer or its participating local government may, under chapter 4C, part 7, impose on any development approval given for the development application a condition about infrastructure for the distributor-retailer’s water service or wastewater service as if the development approval were a water approval.

(4) To remove any doubt, it is declared that if a condition is imposed on a development approval under subsection (3), the condition is a condition of the development approval.

Note—

The water connection aspect of a development approval given for a development application to which the repealed SPA, section 959B or 959C applies becomes a water approval under section 135.