SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRBF
Appeals about applications for connections—particular charges
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRBF
Appeals about applications for connections—particular charges
99BRBF Appeals about applications for connections—particular charges
(1) This section applies to an applicant for a connection if—
(a) the
applicant applied for internal review of a charge decision or a decision to
give an infrastructure charges notice; and
(b) the review decision is not the
decision sought by the applicant.
(2) The applicant may appeal to a
development tribunal about the review decision.
(3) The appeal may be made
only on 1 or more of the following grounds—
(a) the amount of the charge is
so unreasonable that no reasonable distributor-retailer could have imposed the
amount;
(b) the decision involved an error relating to the application of the
relevant charge;
(c) if the decision is the giving of an infrastructure
charges notice—
(i) the decision involved an error relating to—
(A) the
working out, for section 99BRCJ, of additional demand; or
(B) an offset or
refund; or
(ii) there was no decision about an offset or refund; or
(iii) if
the infrastructure charges notice states a refund will be given—the timing
for giving the refund.
(4) To remove any doubt, it is declared that the
appeal must not be about—
(a) the relevant charge itself; or
(b) for a
decision about an offset or refund for an infrastructure charges notice—
(i)
the establishment cost of infrastructure identified in the
distributor-retailer’s water netserv plan; or
(ii) the cost of
infrastructure decided using the method included in the
distributor-retailer’s infrastructure charges schedule.
(5) The appeal must
be started within the standard appeal period.