SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRBO
Appeals about applications for connections—particular charges
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRBO
Appeals about applications for connections—particular charges
99BRBO 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 against the
review decision to the Planning and Environment Court.
(3) An appeal under
this section 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.