SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRAK
Power to amend
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRAK
Power to amend
99BRAK Power to amend
(1) This section applies if the holder of a water approval asks the
distributor-retailer, in the way stated in its connections policy, to amend a
water approval condition of the approval.
(a) approve the request, with or without conditions; or
(b)
refuse the request.
(3) Division 1 , other than section 99BRAI, applies to
the decision, with any necessary changes, as if a reference in the division to
an application were a reference to an application for the amendment.
(4) The
distributor-retailer must give the applicant notice (an
"amendment notice" ) of the decision about the condition stating the
following—
(a) the day the decision was made;
(b) whether the request is
approved or refused;
(c) if the request is refused, the reasons for refusal;
(d) the applicant’s rights of internal review and appeal.
(5) If the
condition is amended under this section—
(a) the condition as amended, and
any conditions imposed under subsection (2) (a) , take effect when the
amendment notice is given to the applicant; and
(b) any conditions imposed
under subsection (2) (a) are taken to be water approval conditions of the
water approval; and
(c) the distributor-retailer may give the applicant an
infrastructure charges notice under part 7 , division 3 , subdivision 3 if the
notice relates to the amended condition.
(5A) If an infrastructure charges
notice is given under subsection (5) (c) for a water approval, the notice
replaces any existing infrastructure charges notice in effect for the
approval.
(6) To avoid any doubt, it is declared that despite an amendment to
a condition of a water approval—
(a) the water approval continues in effect;
and
(b) a condition amended under this section is a water approval condition.
