SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 58 Requirements for certification statement

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 58

58 Requirements for certification statement

(1) The certification must be in the approved form and state—

(a) that the local governments have carried out a due diligence process directed at identifying—

(i) all of their essential assets, liabilities and instruments relating to the provision of water services and wastewater services to customers in the distributor-retailer’s geographic area (the
"functions" ); and

(ii) whether anything proposed to be done under the transfer scheme would materially prejudice the interests of a third party; and

(b) that the transfer scheme—

(i) only transfers assets, liabilities and instruments identified under the process relating to the performance of the functions; and

(ii) transfers all of the essential assets, liabilities and instruments of the local governments identified under the process that—

(A) are necessary to perform the functions; and

(B) can be lawfully and practically transferred under a transfer scheme; and

(iii) identifies any assets that are to be jointly owned by the distributor-retailer and any of the local governments; and

(iv) does not to the local governments’ knowledge materially prejudice the interests of any third party, or if it does, that party’s consent to the prejudice has been obtained; and

(v) does not transfer an employee inconsistently with section 83 or the staff support framework; and

Note—

Sections 79 and 83 were repealed by the South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012 . Section 79 provided for the approval of a staff support framework.

(c) that the local governments have consulted with the State archivist about the way in which records are to be dealt with under the scheme; and

(d) either—

(i) that the transfer scheme does not depart in any substantial way from any model transfer scheme prepared by the Minister and notified on the website of the Queensland Water Commission; or

(ii) if there is a substantial departure from the model—that the departure is necessary for the transition to the distributor-retailer from the local governments; and

(e) the reasons for any departure mentioned in paragraph (d) (ii) ; and

(f) that the local governments have given third parties notice of the following by a notice published in a newspaper circulating in all of the SEQ region—

(i) that the local governments and the distributor-retailer propose to ask the Minister for approval of the transfer scheme to allow the distributor-retailer to provide water services and wastewater services;

(ii) how third parties may obtain information about the transfer scheme from the local governments, other than private or confidential information concerning others; and

(g) that the local governments have, since the publication of the notice, made information mentioned in paragraph (f) (ii) available to third parties who have asked for it.

(2) For subsection (1) (b) (iv) , a third party’s interests are not materially prejudiced merely because of a transfer to the distributor-retailer.

(3) The consultation with the State archivist may be carried out by a representative for all of the local governments.