SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 53CH Liability for additional public entity road work expenses

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 53CH

53CH Liability for additional public entity road work expenses

(1) This section applies if—

(a) the public entity for the road carries out road works in or on the road; and

(b) it made an information request of the distributor-retailer before carrying out the road works.

Note—

See however section 109 (Deferral of distributor-retailer’s liability for additional public entity road work expenses).

(2) The distributor-retailer is liable to pay the public entity any additional expense the public entity incurred in carrying out the road works because of the location of the water infrastructure if—

(a) either—

(i) the request was not complied with within a reasonable period before the road works were carried out; or

(ii) information given in response to the request did not adequately define the location; and

(b) the additional expense would not have been incurred had the request been complied with or had the information given adequately defined the location.

(3) However, subsection (2) does not apply if—

(a) the road works were not provided for in a plan by the public entity given to the distributor-retailer within a reasonable period before the road works were carried out; and

(b) the public entity gave a public entity approval for all water infrastructure work for the water infrastructure; and

(c) the distributor-retailer has not contravened any condition of the approval.

Note—

See also section 108 (Public entity approvals taken to be given for existing water infrastructure work).