SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRCJ
Limitation of levied charge
SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009 - SECT 99BRCJ
Limitation of levied charge
99BRCJ Limitation of levied charge
(1) A levied charge may be only for additional demand placed upon trunk
infrastructure that will be generated by the connection the subject of the
water approval.
(2) In working out additional demand—
(a) any existing
demand for a water service or wastewater service must not be included if it is
the subject of an existing water approval for the premises; and
(b) the
demand on trunk infrastructure generated by the following must not be
included—
(i) an existing use on the premises if the use is lawful and
already taking place on the premises;
(ii) a previous use that is no longer
taking place on the premises if the use was lawful at the time it was carried
out;
(iii) other development on the premises if the development may be
lawfully carried out without the need for a further development permit under
the Planning Act .
(3) However, the demand generated by a water approval, use
or development mentioned in subsection (2) may be included if an
infrastructure requirement that applies or applied to the water approval, use
or development has not been complied with.
(3A) Also, the demand generated by
development mentioned in subsection (2) (b) (iii) may be included if—
(b) the infrastructure requirement was imposed on the
basis of development of a lower scale or intensity being carried out on the
land.
(4) In this section—
"charges notice" means—
(a) an infrastructure charges notice under this Act
or the Planning Act ; or
(b) a notice mentioned in the repealed SPA, section
977 (1) .
"infrastructure requirement" means a charges notice, a water approval
condition or a condition of a development approval that requires
infrastructure or a payment in relation to demand on trunk infrastructure.
