SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 56 Particular matters scheme may provide for

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 56

56 Particular matters scheme may provide for

(1) A transfer scheme may provide for all or any of the following—

(a) the joint transfer to a distributor-retailer of an asset or liability of any of its participating local governments and the terms of the joint transfer;

(b) the following for trust land for which any of the local governments is a trustee—

(i) the removal of the local government as the trustee;

(ii) the appointment of the distributor-retailer as the trustee or of the distributor-retailer and local government as joint trustees;

(iii) changing the purpose for which the trust land was reserved or granted in trust, including to a purpose other than a community purpose;

(c) whether and, if so, the extent to which the distributor-retailer is the successor in law of all or any of the local governments;

(d) a legal proceeding that is being or may be taken by or against all or any of the local governments to be continued or taken by or against the distributor-retailer;

(e) the application or transfer of an instrument to a distributor-retailer, including—

(i) whether a distributor-retailer holds, or is a party to, an instrument; and

(ii) whether an instrument, or a benefit or right provided by an instrument, is taken to have been given to, by or in favour of, a distributor-retailer; and

(iii) whether a reference to an entity in an instrument is a reference to a distributor-retailer; and

(iv) whether, under an instrument, an amount is or may become payable to or by a distributor-retailer or other property is, or may be, transferred to a distributor-retailer; and

(v) whether a right or entitlement under an instrument is held by a distributor-retailer;

(f) the transfer to the distributor-retailer of an employee of all or any of the local governments and the employee’s work entitlements and conditions of employment;

(g) subject to part 4 , matters about employees of a local government transferred under paragraph (f) and their rights;

(h) the records of the distributor-retailer or the local governments.

(2) A transfer scheme may transfer an asset attached to land without transferring the land, even though the asset would otherwise be a part of the land.

(3) This section does not limit section 54 .

(4) In this section—


"authorisation" includes accreditation, allocation, approval, certificate, entitlement, exemption, licence, manual, notice, permit and plan.


"instrument" includes an application or authority under an Act.


"trust land" includes land dedicated as a reserve, or granted in fee simple in trust, under the Land Act , chapter 3 , part 1 .