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

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.