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SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 49A Individual directions

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 49A

Individual directions

49A Individual directions

(1) This section applies for any participating local government (the
"council" ) of a distributor-retailer.
(2) The council may give the distributor-retailer a written direction (an
"individual direction" ) about the way the distributor-retailer is to perform its functions relating to the council’s local government area about any of the following—
(a) charges mentioned in section 99BOB (b) and (c) ;
(b) the distributor-retailer’s annual capital works program under section 100B .
(3) However, the council may give the direction only if—
(a) it is satisfied the direction is necessary and in the public interest to the extent it relates to the local government area; and
(b) it has given the board and other participating local governments of the distributor-retailer a notice—
(i) stating the proposed direction; and
(ii) asking the board for its written opinion about the direction within the required period; and
(c) it has considered any written opinion of the board given to it within the required period; and
(d) its compensation liability because of the effects of the direction has been agreed or decided under section 99BZD .
(4) The opinion may include an amount claimed for, or particulars of, the compensation liability for the distributor-retailer or all or any of its other participating local governments.
(5) In this section—


"required period" means the following period after the giving of the notice—
(a) generally—1 month;
(b) if the distributor-retailer’s participation agreement provides for another period for giving the opinion—the other period.