SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 140F Adopted infrastructure charges at commencement continue in effect

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

140F Adopted infrastructure charges at commencement continue in effect

(1) This section applies if—

(a) before the commencement—

(i) a State Planning Regulatory Provision under the repealed SPA provided for a charge for the supply of trunk infrastructure; and

(ii) the distributor-retailer’s board adopted a charge (an
"existing charge" ) for the supply of the trunk infrastructure under the unamended Planning Act, section 755KA; and

(b) the relevant distributor-retailer has not adopted an infrastructure charges schedule under section 99BRCE.

(2) Despite section 99BRCF(1), the adopted charge for providing the trunk infrastructure is the existing charge for the infrastructure and is taken to have had effect on the day it had effect under the unamended Planning Act.

(3) However, an existing charge is of no effect to the extent it is inconsistent with the SPRP (adopted charges).

(4) Subsection (5) applies if a decision (an
"existing board decision" ) of the distributor-retailer’s board under the unamended Planning Act, section 755KA does not include a method for working out the cost of infrastructure the subject of an offset or refund.

(5) The decision is taken to include a method as set out in a guideline mentioned in the repealed SPA, section 979(3).

(6) If the existing board decision does not include criteria for deciding a conversion application, the existing board decision is taken to include criteria as set out in a guideline mentioned in the repealed SPA, section 979(3A).

(7) In this section—


"SPRP (adopted charges)" see the repealed SPA, section 629(5).