SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRCI When charge may be levied and recovered

SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRCI

99BRCI When charge may be levied and recovered

(1) This section applies if—

(a) a distributor-retailer has given a water approval; and

(b) an adopted charge applies for providing the trunk infrastructure.

(2) The distributor-retailer must give the applicant for the water approval an infrastructure charges notice.

Note—

For the giving of an infrastructure charges notice for the part of a water approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AU (5) and (6) of that Act.

(3) The infrastructure charges notice must be given within 10 business days after the distributor-retailer gives the applicant a decision notice under section 99BRAI or a notice under section 99BRAU (5) .

(4) Subsection (3) is subject to any provision under which an infrastructure charges notice may be amended or replaced.

Note—

See sections 99BRAK (5) (c) , 99BRDC (3) and 99BRDH (4) .

(5) The infrastructure charges notice lapses if the water approval stops having effect.

(6) A charge (a
"levied charge" ) under an infrastructure charges notice—

(a) is subject to sections 99BRCJ and 99BRCT ; and

(b) is payable by the applicant; and

(c) attaches to the premises; and

(d) becomes payable as provided for under subdivision 4 ; and

(e) is subject to any agreement under section 99BRCM (1) ; and

(f) may be recovered, in whole or part, by the distributor-retailer from the applicant as a debt.