SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 77E Negotiation about mixed rights and liabilities

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 77E

77E Negotiation about mixed rights and liabilities

(1) The local government and the distributor-retailer (each a
"negotiation party" ) must negotiate in good faith about the extent to which each of them are to share the following—

(a) rights to which section 77C applies;

(b) liabilities to which section 77D applies;

(c) costs incurred because of enforcement mentioned in section 77C ;

(d) any costs, damage, liability or loss the local government incurs because of section 77D (2) .

(2) If, after the negotiation, the negotiation parties are in dispute about a matter mentioned in subsection (1) , either negotiation party may refer the dispute to the Minister.

(3) The Minister may resolve the dispute in any way the Minister considers appropriate that affords natural justice to the negotiation parties.

(4) The Minister’s decision on the resolution of the dispute binds the negotiation parties.

(5) The Minister may delegate the Minister’s functions under subsection (3) to an appropriately qualified public service officer.