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WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - As at 1 January 2024 - Act 34 of 2008

- As at 1 January 2024 - Act 34 of 2008

Table of Provisions

CHAPTER 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Purpose of Act and its achievement
  • 4 Definitions
  • 5 Act binds all persons

CHAPTER 2 - INFRASTRUCTURE AND SERVICE

PART 1 - PRELIMINARY

  • 6 Application of ch 2 to local governments
  • 7 Sections 7–9 not used

PART 2 - THE REGULATOR

  • 10 Who is the regulator
  • 11 Regulator’s general functions
  • 12 Register of service providers
  • 12A Register of registered recycled water schemes
  • 13 Requirement for responsible entity to give information
  • 14 Reports and other publications by regulator
  • 15 Delegation by regulator
  • 16 Sections 16–19 not used

PART 3 - SERVICE PROVIDERS

Division 1 - Registration of service providers

Subdivision 1 - Application for registration
  • 20 Who must apply for registration as a service provider
  • 21 Applying for registration as a service provider
  • 22 Registration as a service provider
  • Subdivision 2 - Changing registration details
  • 23 Applying to change service provider’s details of registration
  • 23A Reviewing and changing service provider registration details
  • Subdivision 3 - Transferring registration
  • 24 Definitions for sdiv 3
  • 25 Application of sdiv 3
  • 25A Notice of transfer
  • 25B Registering new service provider for transferred service
  • 25C Compliance notice taken to have been given to new service provider
  • Subdivision 4 - Cancelling registration other than for transfer
  • 26 Notice of intention to stop operating as a service provider
  • 27 Cancellation of registration if service provider stops supplying service
  • 28 Applying for cancellation of registration as service provider
  • Subdivision 5 - Other matters
  • 29 Registration as a service provider is not a right to water entitlement or resource operations licence
  • 30 Operation of infrastructure by prescribed related entity
  • 30A Ownership and operation of service provider’s infrastructure that is part of land

Division 2 - General powers of service providers and authorised persons

  • 31 Definition for div 2
  • 32 Application of div 2
  • 33 Power to disconnect unauthorised connections
  • 34 Power to direct remedial work
  • 35 Power to install meters
  • 36 Power to enter places for restricted purposes
  • 37 Power to enter place to read, check, maintain or replace meter
  • 38 Notice of damage
  • 39 Compensation
  • 40 Recovery of costs

Division 3 - Power to restrict water supply

  • 41 Restricting water supply
  • 42 Regulator may direct restriction
  • 43 Notice of service provider water restriction must be given
  • 44 Temporary interruptions to water supply

Division 4 - Authorised persons

  • 45 Appointing authorised persons
  • 46 Authorised person’s identity cards
  • 47 Failure to return identity card
  • 48 Producing and displaying identity card

Division 5 - Liability of service providers

  • 49 Liability of service providers and others for particular events or circumstances

Division 6 - Water efficiency management plans

  • 50 Purpose of div 6
  • 51 Application of div 6
  • 52 When water efficiency management plan may be required
  • 53 Content of water efficiency management plan
  • 54 Approving water efficiency management plan
  • 55 Complying with water efficiency management plan
  • 56 Reporting under water efficiency management plan
  • 57 Amending or replacing water efficiency management plan by chief executive direction
  • 58 Amending or replacing water efficiency management plan by water service provider direction
  • 59 Amending or replacing water efficiency management plan by request
  • 60 Notice to comply with water efficiency management plan
  • 61 Reviewing water efficiency management plans

Division 7 - Miscellaneous

  • 62 No charge for water in rainwater tank
  • 63 Sections 63–69 not used

PART 4 - SERVICE PROVIDER OBLIGATIONS

Division 1 - Drinking water quality management

Subdivision 1 - Offences 70. (Repealed) 71. (Repealed) 72. (Repealed) 73. (Repealed) 74. (Repealed) 75. (Repealed) 76. (Repealed) 77. (Repealed) 78. (Repealed) 79. (Repealed) 80. (Repealed) 81. (Repealed) 82. (Repealed) 83. (Repealed) 84. (Repealed) 85. (Repealed) 86. (Repealed) 87. (Repealed) 88. (Repealed) 89. (Repealed) 90. (Repealed) 91. (Repealed)
  • 92 Offence to carry out drinking water service without approved drinking water quality management plan
  • 93 Offence about compliance with drinking water quality management plan
  • Subdivision 2 - Drinking water quality management plans
  • 94 Purpose of drinking water quality management plan
  • 95 Preparing drinking water quality management plan
  • 96 Additional information may be required
  • 97 Regulator may obtain advice about application
  • 98 Consideration of application
  • 99 Notice of decision
  • 99A Amendment of drinking water quality management plan—agreement
  • 100 Amendment of drinking water quality management plan—application
  • 101 Amendment of drinking water quality management plan—requirement of regulator
  • Subdivision 3 - Reporting requirements
  • 102AA Application of sdiv 3
  • 102 Notice of noncompliance with water quality criteria
  • 102A Notice of prescribed incident
  • 102B Self-incrimination not a reasonable excuse for sdiv 3
  • Subdivision 4 - Miscellaneous
  • 103 Requirement about giving water quality information
  • 104 Requirement about operation of drinking water service

Division 2 - Audit reports and reviews

  • 105 Meaning of auditor
  • 106 Reviewing plans
  • 107 Changing plans following review
  • 108 Audits of drinking water quality management plans
  • 108A Audits of particular performance reports
  • 109 Declarations about reports under this division
  • 110 Spot audits of plans
  • 111 Declarations about spot audit report
  • 112 Access for conducting audit reports
  • Subdivision 1 - (Repealed) Subdivision 2 - (Repealed) Subdivision 3 - (Repealed) Subdivision 4 - (Repealed) Subdivision 5 - (Repealed)

Division 3 - Customer service standards

  • 113 Purpose of div 3
  • 114 Application of div 3
  • 115 Preparing customer service standards
  • 116 Content of customer service standard
  • 117 Complying with customer service standard
  • 118 Customer complaints
  • 119 Revising customer service standard
  • 120 Reviewing customer service standard
  • 121. (Repealed) 122. (Repealed) 123. (Repealed) 124. (Repealed) 125. (Repealed) 126. (Repealed) 127. (Repealed) 128. (Repealed) 129. (Repealed) 130. (Repealed) 131. (Repealed) 132. (Repealed) 133. (Repealed) 134. (Repealed) 135. (Repealed) 136. (Repealed)

Division 4 - Other service provider obligations

Subdivision 1 - Residential premises
  • 137 Application of sdiv 1
  • 138 Guidelines for rate notice or account for supply of water to residential premises
  • 139. (Repealed) Subdivision 2 - Premises with more than 1 sole-occupancy unit
  • 140 Service provider to give information about water usage

Division 5 - Reporting for particular financial years

  • 141 Notices about reports
  • 142 Drinking water service annual reports
  • 142A Performance reports
  • 142B System operating plan reports
  • 142C Common provisions for reports
  • 142D Application of division to chief executive

Division 6 - Water for fire fighting

  • 143 Application of div 6
  • 144 No charge for water for firefighting purposes
  • 145 Water to be used only for firefighting purposes

Division 7 - (Repealed)

Division 9 - (Repealed)

Division 11 - (Repealed)

PART 5 - SERVICE AREAS

Division 1 - Preliminary

  • 160 Definition for pt 5

Division 2 - Service areas

  • 161 Declaration of service area
  • 162 Notice of declaration of service area
  • 163 Map of service area

Division 3 - Access to services in service areas

  • 164 Access to service in service area
  • 165 Recovering cost of giving access to registered service
  • 166 When service provider not required to supply water in service area

Division 4 - Connecting to particular registered services

  • 167 Owner may ask for connection to service provider’s infrastructure
  • 168 Notice requiring connection to registered service

Division 5 - Restricting domestic water supply

  • 169 Restricting domestic water supply in particular circumstances

Division 6 - Water approvals under 2009 restructuring Act

  • 170 Definitions for div 6
  • 171 Water approvals—generally
  • 172 Water approvals—staged water connections
  • 173 Deemed consent or approval for water approvals
  • 174 Sections 174–179 not used

PART 6 - TRADE WASTE AND SEEPAGE WATER APPROVALS

  • 180 Approvals for discharge of trade waste and seepage water
  • 181 Approval may be conditional
  • 182 Criteria for suspending or cancelling trade waste approval or seepage water approval
  • 183 Suspending or cancelling trade waste approval or seepage water approval
  • 184 Immediate suspension or cancellation
  • 185 Amending trade waste approval or seepage water approval
  • 186 Sections 186–189 not used

PART 7 - OFFENCES

  • 190 Supplying unauthorised services
  • 191 Connecting to or disconnecting from service provider’s infrastructure without approval
  • 192 Interfering with service provider’s infrastructure
  • 193 Discharging particular substances
  • 194 Polluting water
  • 195 Taking water without approval

CHAPTER 3 - RECYCLED WATER MANAGEMENT

PART 1A - RECYCLED WATER SCHEMES

Division 1 - Registration

  • 196AA Requirement to seek registration
  • 196AB Registration application
  • 196AC Registration of recycled water scheme

Division 2 - Changing registration details

  • 196AD Applying to change details of registration
  • 196AE Applying to cancel registration

PART 1 - PARTICULAR OFFENCES

  • 196 Offence about supplying recycled water without approved recycled water management plan
  • 197 Offences about compliance with recycled water management plan
  • 198. (Repealed) 199. (Repealed)

PART 2 - RECYCLED WATER MANAGEMENT PLANNING

  • 200 Purpose of recycled water management plan
  • 201 Content of particular plans
  • 201A. (Repealed)
  • 202 Application for approval of recycled water management plan
  • 203 Additional information may be required
  • 204 Regulator may obtain advice about application
  • 205 Consideration of application
  • 206 Notice of decision
  • 207 When regulator must not approve recycled water management plan
  • 208 Statutory condition of approved recycled water management plans
  • 209 Amending recycled water management plan by agreement
  • 210 Amendment of recycled water management plan for single-entity recycled water scheme—requirement of regulator
  • 211 Amendment of recycled water management plan for multiple-entity recycled water scheme—requirement of regulator
  • 212 Amendment of recycled water management plan—application
  • 213 Suspending or cancelling recycled water management plan if regulator is satisfied about particular matters
  • 214 Suspending recycled water management plan if production or supply of recycled water stops
  • 215 Application to resume supply
  • 216 Sections 216–229 not used

PART 3 - NOTICE ABOUT PERMANENTLY STOPPING SUPPLY OF RECYCLED WATER

  • 230 Notice about permanently stopping supply of recycled water
  • 231 Cancelling recycled water management plan on receipt of notice under s 230
  • 232 Sections 232–234 not used

PART 4 - VALIDATION PROGRAMS

  • 235 Application of pt 4
  • 236 Preparing validation program
  • 237 Application for approval of validation program
  • 238 Additional information may be required
  • 239 Regulator may obtain advice about application
  • 240 Consideration of application
  • 241 Notice of decision
  • 242 Amendment of validation program
  • 243 Sections 243–249 not used

PART 5 - (Repealed)

PART 6 - REVIEWS AND AUDITS OF RECYCLED WATER MANAGEMENT PLANS

  • 258 Reviewing recycled water management plans
  • 259 Changing plan after review
  • 260 Internal audits of recycled water management plans
  • 261 Regular audits of recycled water management plans
  • 262 Spot audits
  • 263 Auditor’s responsibility to inform regulator
  • 264 Declarations about audit reports
  • 265 Access for conducting audits
  • 266 Sections 266–269 not used

PART 7 - REPORTING REQUIREMENTS

Division 1 - Notices to be given

  • 270AA Application of div 1
  • 270 Notice of noncompliance with water quality criteria
  • 271 Notice of prescribed incidents
  • 272 Self-incrimination not a reasonable excuse for div 1

Division 2 - Annual reports

  • 273 Annual reporting requirement

Division 3 - Public reports

  • 274 Public reporting requirement
  • 275 Sections 275–299 not used

PART 8 - DECLARATION OF CRITICAL RECYCLED WATER SCHEMES

  • 300 Meaning of scheme manager for a recycled water scheme
  • 301 Making declaration
  • 302 Regulator may request information about a recycled water scheme
  • 303 Notice of regulator’s intention to make declaration
  • 304 Notice of declaration
  • 305 When declaration has effect
  • 306 Review of declaration on request
  • 307 Requirement to advise regulator about scheme manager
  • 308 Sections 308–314 not used

PART 9 - DISPUTE RESOLUTION PROCESS FOR PARTICULAR CRITICAL RECYCLED WATER SCHEMES

  • 315 Definitions for pt 9
  • 316 Application of pt 9
  • 317 Dispute resolution process

PART 9A - (Repealed)

PART 10 - MISCELLANEOUS

  • 330 Notice to sewerage service provider
  • 331 Report about compliance with notice
  • 332 Particular requirement about production or supply of recycled water
  • 333 Requirement for certain entities to give information to scheme manager
  • 334 Sections 334–339 not used

CHAPTER 4 - REFERABLE DAMS AND FLOOD AND DROUGHT MITIGATION

PART 1 - REFERABLE DAMS

Division 1 - Preliminary

  • 340 Ch 4 does not apply to particular dams
  • 341 What is a referable dam
  • 342 What is failure impact assessment

Division 1A - Referable dam notices

  • 342A Chief executive may give referable dam notice to particular dam owners
  • 342B Effect of referable dam notice if dam is not failure impact assessed

Division 2 - Failure impact assessing dams

  • 343 When dam must be failure impact assessed
  • 344 Requirements for giving failure impact assessment to chief executive
  • 345 Obligation to complete later failure impact assessment
  • 346 Failure impact ratings for dams
  • 347 Offences about failure impact assessments
  • 348 Cost of failure impact assessment
  • 349 Decision about failure impact assessment
  • 350 Notice accepting failure impact assessment
  • 351 Reviewing failure impact assessment
  • 352 Rejecting failure impact assessment

Division 2A - Emergency action planning and reporting

Subdivision 1 - Preliminary
  • 352A Definitions for division
  • 352B. (Repealed) 352C. (Repealed) 352D. (Repealed) Subdivision 2 - Requirements for emergency action plans
  • 352E Requirement for, and main purpose of, emergency action plan
  • 352F Requirement to prepare emergency action plan
  • Subdivision 3 - Preparation of emergency action plans 352G. (Repealed)
  • 352H Requirements for plan
  • 352HA Requirement to give emergency action plan to local governments and district groups
  • 352HB Assessment by local government
  • 352HC Review by district group
  • Subdivision 4 - Approving emergency action plans
  • 352I Chief executive to consider plan
  • 352J Criteria for approving plan
  • 352K Approval of plan
  • 352L Refusal to approve plan
  • Subdivision 5 - Keeping and publishing emergency action plans
  • 352M Register of approved emergency action plans
  • 352N Dam owner must ensure particular individuals have access to plan
  • Subdivision 6 - Reviewing emergency action plans
  • 352O Review by chief executive and direction to prepare and submit new plan
  • 352P Review by dam owner
  • Subdivision 7 - Amending emergency action plans
  • 352Q Amending plan by agreement
  • 352R Substantive amendment of plan
  • Subdivision 8 - Renewing emergency action plans
  • 352S Renewal of plan
  • Subdivision 9 - Emergency event reporting
  • 352T Preparation and submission of emergency event report
  • 352U Preparation and submission of emergency event interim report
  • 352V Content of report

Division 3 - Safety conditions for existing referable dams

  • 353 Applying safety conditions for existing referable dams
  • 354 Deciding safety conditions
  • 355 Process after deciding safety conditions
  • 356 Changing conditions
  • 356A Compliance with safety or development condition
  • 357 Reassessing dams
  • 357A Chief executive may engage person to provide information

Division 4 - Emergency powers

Subdivision 1 - Preliminary
  • 358 Application of div 4
  • Subdivision 2 - Chief executive may give direction or take action about failure of dam
  • 359 Direction to owner of emergency part of land
  • 359A Taking immediate action about failure of dam
  • Subdivision 3 - Chief executive may recover expenses
  • 360 Notice for recovering expenses
  • 361 Notice in relation to land other than leased State land
  • 362 Notice in relation to leased State land
  • Subdivision 4 - Miscellaneous
  • 363 Form of notice if imminent danger of dam failure

Division 5 - General matters

  • 364 Liability for loss or damage caused by failure of dam
  • 365 Cancellation of development permit for decommissioned dam
  • 366 Changes in dam ownership
  • 367 Sections 367–369 not used

PART 2 - FLOOD MITIGATION MANUALS AND REPORTING

Division 1 - Preliminary

  • 370 Definitions for pt 2
  • 371 What is a flood event
  • 371A Application of pt 2

Division 2 - Preparation of flood mitigation manuals

  • 371B Requirement for approved flood mitigation manual
  • 371C Requirement to prepare flood mitigation manual
  • 371D Content of manual

Division 3 - Approving flood mitigation manuals

  • 371E Minister to consider manual
  • 371F Criteria for approving manual
  • 371G Approval of manual
  • 371H Refusal to approve manual

Division 4 - Amending and reviewing flood mitigation manuals

  • 372 Amending flood mitigation manual
  • 373 Regular reviews of flood mitigation manual

Division 5 - Renewing flood mitigation manuals

  • 374 Preparation and submission of new manual

Division 6 - Annual preparedness reports

  • 375 Dam owner must prepare and submit report
  • 376 Content of report

Division 7 - Qualifications, experience and training for responsible persons

  • 377 Chief executive may require dam owner to ensure responsible person has qualifications etc.

Division 8 - Authorising alternative operational procedures

  • 378 Application of div 8
  • 379 Dam owner must seek authorisation for alternative procedure
  • 380 Chief executive must decide whether or not to authorise alternative procedure
  • 381 Authorisation to observe alternative procedure if chief executive can not be contacted
  • 382 End of authorisation of alternative procedure

Division 9 - Flood event reporting

  • 383 Preparation and submission of flood event report
  • 384 Preparation and submission of flood event interim report
  • 385 Content of report

Division 10 - General matters

  • 386 Protection from liability under pt 2
  • 387 Protection from liability for complying with flood mitigation manual

PART 3 - DECLARING TEMPORARY FULL SUPPLY LEVELS TO MITIGATE FLOOD OR DROUGHT

Division 1 - Preliminary

  • 388 Definition for part
  • 389 Application of part

Division 2 - Declaring temporary full supply level

  • 390 Minister may declare temporary full supply level
  • 391. (Repealed) 392. (Repealed) 393. (Repealed) 394. (Repealed)

Division 3 - (Repealed)

Division 4 - Reviewing safety requirements for temporary full supply level

  • 396 Chief executive must review safety requirements
  • 397 Changing safety conditions in response to review
  • 398 Amending flood mitigation manual in response to review

Division 5 - Miscellaneous provision

  • 399 No compensation payable

PART 4 - REDUCING FULL SUPPLY LEVEL FOR SAFETY PURPOSES

  • 399A Application of part
  • 399B Dam owner may reduce full supply level in certain circumstances
  • 399C Reporting requirements while full supply level reduced

PART 5 - (Expired)

CHAPTER 5 - INVESTIGATIONS AND ENFORCEMENT MATTERS

PART 1 - AUTHORISED OFFICERS

Division 1 - Authorised officers’ functions and powers generally

  • 400 Functions
  • 401 Powers generally

Division 2 - Appointment of authorised officers

  • 402 Appointment and qualifications
  • 403 Appointment conditions and limit on powers
  • 404 Issue of identity card
  • 405 Production or display of identity card
  • 406 When authorised officer ceases to hold office
  • 407 Resignation
  • 408 Return of identity card

PART 2 - POWERS OF AUTHORISED OFFICERS

Division 1 - Entry of places

  • 409 Definition for pt 2
  • 410 Power to enter land to monitor compliance
  • 411 Power to enter land in relation to information collection
  • 412 Power to enter places for other purposes

Division 2 - Procedure for entry

  • 413 Entry with consent
  • 414 Application for warrant
  • 415 Issue of warrant
  • 416 Application by electronic communication and duplicate warrant
  • 417 Defect in relation to a warrant
  • 418 Warrants—procedure before entry

Division 3 - Powers after entry

  • 419 General powers after entering places
  • 420 Failure to help authorised officer
  • 421 Failure to give information

PART 3 - POWER TO SEIZE EVIDENCE

  • 422 Seizing evidence
  • 423 Securing seized things
  • 424 Tampering with seized things
  • 425 Powers to support seizure
  • 426 Receipts for seized things
  • 427 Forfeiture by authorised officer
  • 428 Forfeiture on conviction
  • 429 Dealing with forfeited things
  • 430 Return of seized things
  • 431 Access to seized things

PART 4 - POWER TO REQUIRE INFORMATION

  • 432 Power to require name and address
  • 433 Failure to give name or address
  • 434 Power to require information or documents

PART 5 - PARTICULAR ENFORCEMENT PROVISIONS RELATING TO DRINKING WATER AND RECYCLED WATER

Division 1 - Preliminary

  • 435 Application of pt 5

Division 2 - Enforcement provisions

  • 436 Power about preventing or minimising adverse effects—general
  • 437 Offence to fail to comply with direction
  • 438 Particular powers of regulator or authorised officer
  • 439 How powers may be exercised
  • 440 Regulator’s powers not affected

Division 3 - Cost recovery

  • 441 Definitions for div 3
  • 442 Who is a prescribed person for a water supply incident
  • 443 Regulator may give notice for recovery of costs
  • 444 Regulator may recover costs

PART 5A - PARTICULAR PROVISIONS TO MONITOR RELEVANT SERVICE PROVIDERS

Division 1 - Investigations

  • 445 When regulator may investigate and recover costs

Division 2 - Improvement plans

  • 446 Regulator may require an improvement plan
  • 447 Offence to contravene improvement notice

Division 3 - Directions for water security or continuity of supply

  • 448 Power to give direction for water security or continuity of supply
  • 449 Offence to contravene direction

PART 6 - OTHER MATTERS

  • 450 Notice of damage
  • 451 Compensation
  • 452 Sections 452–459 not used

PART 7 - OBTAINING CRIMINAL HISTORY REPORTS

  • 460 Purpose of pt 7
  • 461 Chief executive’s power to obtain criminal history report
  • 462 Criminal history is confidential document

PART 8 - NOTICES AND COST RECOVERY

Division 1 - Show cause notices

  • 463 General requirements for show cause notices
  • 464 Show cause notice must be given

Division 2 - Compliance notices

  • 465 Who may give compliance notice
  • 466 Compliance notice
  • 467 Chief executive or regulator may take action and recover costs

Division 3 - Cost recovery

  • 468 Regulator may engage expert and recover costs
  • 469 Sections 469–474 not used

PART 9 - ENFORCEMENT PROCEEDINGS

  • 475 Starting proceeding for enforcement order
  • 476 Proceeding started in a representative capacity
  • 477 Starting proceeding for enforcement order without notice
  • 478 Making interim enforcement order
  • 479 Making enforcement order
  • 480 Effect of enforcement order
  • 481 Powers about enforcement orders
  • 482 Parties to pay own costs for proceedings

CHAPTER 6 - OFFENCES, EVIDENTIARY MATTERS AND LEGAL PROCEEDINGS

PART 1 - GENERAL OFFENCES

  • 483 False or misleading statements
  • 484 False or misleading documents
  • 485 Obstructing an authorised officer
  • 486 Impersonation of an authorised officer
  • 487 Liability of executive officer—particular offences committed by corporation
  • 487A Executive officer may be taken to have committed offence

PART 2 - EVIDENTIARY MATTERS

  • 488 Application of pt 2
  • 489 Appearance
  • 490 Appointments and authority
  • 491 Evidentiary aids

PART 3 - PROCEEDINGS FOR OFFENCES

  • 492 Indictable and summary offences
  • 493 Proceedings for indictable offences
  • 494 Limitation on who may summarily hear indictable offence proceedings
  • 495 Limitation on time for starting proceeding for summary offence
  • 496 Notice of proceedings for offences
  • 497 Limitation on who may bring particular proceedings
  • 498 Proceeding brought in a representative capacity
  • 499 Orders Magistrates Court may make in offence proceeding
  • 500 Offence to contravene Magistrates Court order

PART 4 - MISCELLANEOUS PROVISIONS

  • 501 Chief executive’s and regulator’s power to remedy stated public nuisance
  • 502 Responsibility for acts or omissions of representatives
  • 503 Sections 503–509 not used

CHAPTER 7 - REVIEWS, APPEALS AND ARBITRATION

PART 1 - PRELIMINARY

  • 510 Who is an interested person

PART 2 - REVIEW OF DECISIONS

  • 511 Appeal, arbitration or external review process starts with internal review
  • 512 Who may apply for review
  • 513 Requirements for making internal review application
  • 514 Review decision
  • 515 Notice of review decision
  • 516 Stay of operation of original decision

PART 3 - APPEALS AND EXTERNAL REVIEWS

  • 517 Who may appeal or apply for an external review
  • 518 Starting an appeal to Planning and Environment Court
  • 519 Stay of operation of review decision
  • 520 Hearing procedures
  • 521 Assessors
  • 522 Powers of court on appeal
  • 523 Appeal costs

PART 4 - ARBITRATION

  • 524 Who may apply for arbitration
  • 524A Stay of operation of review decision
  • 525 Acknowledging dispute notice
  • 526 Withdrawing dispute notice
  • 527 Parties to arbitration
  • 528 Decision by authority
  • 529 Conduct of arbitration

CHAPTER 8 - MISCELLANEOUS

PART 1 - APPOINTMENT OF ADMINISTRATOR AND EMERGENCY POWERS FOR PARTICULAR INFRASTRUCTURE

Division 1 - Appointment of administrator

  • 530 Governor in Council may appoint administrator to operate infrastructure
  • 531 Effect of administrator operating infrastructure
  • 532 Effect of appointment of administrator
  • 533 Withdrawing appointment of administrator

Division 2 - Emergency powers for operating particular infrastructure

  • 534 Regulator or other person may operate infrastructure for drinking water—regulator’s notice
  • 535 Regulator or other person may operate infrastructure for recycled water—regulator’s notice
  • 536 Effect of operating infrastructure

Division 3 - Other matter

  • 537 Corporations legislation displacement provision
  • 538 Sections 538–558 not used

PART 2 - RELATIONSHIP WITH PLANNING ACT

  • 559 Definition for pt 2
  • 560. (Repealed)
  • 561 Particular applications for relevant operational work
  • 562 When appeal may be made to Land Court
  • 563 Sections 563–569 not used

PART 3 - OTHER MISCELLANEOUS PROVISIONS

  • 570 Advisory councils
  • 571 Regulator may make guidelines
  • 572 Chief executive may make guidelines
  • 573 Water service provider may make guidelines
  • 574 Documents regulator and chief executive must keep available for inspection and purchase
  • 575 Documents service provider must keep available for inspection and purchase
  • 575A Documents service providers must publish
  • 576 Documents recycled water provider and scheme managers must keep available for inspection and purchase
  • 576A Documents recycled water provider and scheme managers must publish
  • 577 Records to be kept in registries
  • 578 Protecting officials from liability
  • 578A Chief executive may prepare and publish comparative reports
  • 578B The chief executive may share information in particular reports etc.
  • 578C Publishing under this Act
  • 579 Regulator may share particular information
  • 579A Chief executive may share particular information
  • 580 Non-disclosure of commercially sensitive information
  • 581 Delegation by Minister
  • 582 Delegation by chief executive
  • 583 Fees and charges payable to chief executive and regulator
  • 584 Non-payment of fees or charges
  • 585 Approved forms
  • 586 Regulation-making power

CHAPTER 9 - TRANSITIONAL AND SAVINGS PROVISIONS FOR ACT NO. 34 OF 2008

PART 1 - PURPOSES, DEFINITIONS AND GENERAL APPROACH

  • 587 Main purposes of ch 9
  • 588 Definitions for ch 9
  • 589 Authorised actions and documents etc. under previous provision
  • 590 Things continued in force under Water Act
  • 591 Terminology in things mentioned in s 589(1)
  • 592 Period stated in previous provision
  • 593 Period or date stated in document given under previous provision
  • 594 Act or omission happening before commencement may be relevant to proceeding for particular acts or omissions
  • 595 Acts Interpretation Act 1954, s 20 not limited

PART 2 - TRANSITIONAL PROVISIONS RELATING TO PARTICULAR PROVISIONS OF THE WATER ACT

Division 1 - Transitional provisions relating to the Water Act, chapter 3

Subdivision 1 - Examples for chapter 2
  • 596 Examples for ch 2 of things under s 589
  • 597 Examples for ch 2 of obligations under s 589
  • 598 Examples for ch 2 of protections under s 589
  • Subdivision 2 - Service providers and service provider obligations
  • 599 Existing service providers
  • 600 Water efficiency management plans
  • 601 Approved strategic asset management plans
  • 602 Approved system leakage management plans
  • 603 Audit reports
  • 604 Customer service standard
  • 605 Drought management plan
  • 606 Application of provision about guidelines for rate notice or account for water supply
  • 607 Application of provision about water advices
  • 608 Service areas
  • 609 Existing trade waste approvals
  • Subdivision 3 - Referable dams and flood mitigation
  • 610 Examples for ch 4 of things under s 589
  • 611 Referable dams and failure impact assessment
  • 612 Hazardous dams
  • 613 Approved flood mitigation manuals

Division 2 - Transitional provisions relating to the Water Act, chapter 5

  • 614 Examples for ch 5 of things under s 589

Division 3 - Transitional provisions relating to the Water Act, chapter 6

  • 615 Examples for ch 7 of things under s 589

Division 4 - Transitional provisions relating to the Water Act, chapter 7

  • 616 Examples for ch 6 of things under s 589

Division 5 - Transitional provisions relating to the Water Act, chapter 8

  • 617 Examples for ch 8 of things under s 589

Division 6 - Transitional provisions relating to the Water Act—general matters

  • 618 Existing applications
  • 619 Existing exemptions
  • 620 Existing authorised officers
  • 621 Guidelines
  • 622 Internal review
  • 623 Appeals
  • 624 Arbitration
  • 625 Legal proceedings
  • 626 References in Acts and documents

PART 3 - TRANSITIONAL PROVISIONS ABOUT OUTDOOR WATER USE CONSERVATION PLANS

  • 627 Application of provision about outdoor water use conservation plan

PART 4 - TRANSITIONAL PROVISIONS ABOUT DRINKING WATER

  • 628 Application of particular provision
  • 629 Notice requiring entity to have approved drinking water quality management plan
  • 630 Provision about water quality monitoring and reporting

PART 5 - TRANSITIONAL PROVISIONS ABOUT RECYCLED WATER

  • 631 Application of particular provisions—existing schemes
  • 632 Application of particular provisions—schemes supplying recycled water for particular purposes
  • 633 Application of particular provisions—other schemes
  • 634 Notice requiring entity to have approved plan

PART 6 - (Repealed)

CHAPTER 10 - OTHER TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING ACT 2009

  • 636 Application of s 562

PART 2 - TRANSITIONAL PROVISION FOR SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) ACT 2009

  • 637 Provision for recovery of costs for particular investigations

PART 3 - TRANSITIONAL PROVISIONS FOR SOUTH-EAST QUEENSLAND WATER (DISTRIBUTION AND RETAIL RESTRUCTURING) AND OTHER LEGISLATION AMENDMENT ACT 2010

  • 638 Provision for carrying out particular failure impact assessments
  • 639 Service provider water restrictions

PART 4 - TRANSITIONAL PROVISIONS FOR WATER AND OTHER LEGISLATION AMENDMENT ACT 2010

  • 640 Definitions for pt 4
  • 641 Conditions of particular CSG environmental authorities taken to be interim recycled water management plan
  • 642 Transitional period for existing CSG recycled water schemes
  • 643 Provision about water quality monitoring and reporting

PART 5 - TRANSITIONAL PROVISIONS FOR WATER LEGISLATION (DAM SAFETY AND WATER SUPPLY ENHANCEMENT) AND OTHER LEGISLATION AMENDMENT ACT 2012

  • 644 Definitions for pt 5
  • 645 Owner of existing dam must prepare and submit emergency action plan
  • 646 Emergency event reporting for owner of existing dam
  • 647 Particular safety conditions and development conditions taken to have been complied with
  • 648 Continuation of existing flood mitigation manuals
  • 649 Application of particular provisions to dam with existing flood mitigation manual
  • 650 Reporting period for first annual preparedness report for dam with existing flood mitigation manual
  • 651. (Repealed)

PART 6 - TRANSITIONAL PROVISIONS FOR LAND, WATER AND OTHER LEGISLATION AMENDMENT ACT 2013

Division 1 - Transitional provisions relating to incoming and outgoing service providers

  • 652 Definitions for div 1
  • 653 Application of div 1
  • 654 Continuation of strategic asset management plan
  • 655 Continuation of exemption from system leakage management plan
  • 656 Continuation of exemption from drought management plan
  • 657 Preparing relevant annual report
  • 658 References to outgoing service provider

Division 2 - Other transitional provision

  • 659 Application of particular provisions—relevant recycled water scheme

PART 7 - TRANSITIONAL PROVISIONS FOR WATER SUPPLY SERVICES LEGISLATION AMENDMENT ACT 2014

Division 1 - Preliminary

  • 660 Definitions for pt 7

Division 2 - Provisions for chapter 3 of amending Act

  • 661 Customer service standards continue to apply
  • 662 Exemptions from having a recycled water management plan are revoked
  • 663 Particular approved recycled water management plans of no effect
  • 664 Particular recycled water providers must apply for registration of recycled water scheme

Division 3 - Provisions for chapter 2 of amending Act

  • 665 Continuation of requests for connection
  • 666 Continuation of notices requiring connection

PART 8 - TRANSITIONAL PROVISIONS FOR ELECTRICITY AND OTHER LEGISLATION AMENDMENT ACT 2014

  • 667 Definitions for pt 8
  • 668 Continuation of recycled water management plan and exclusion decision
  • 669 Continuation of interim recycled water management plan
  • 670 Amending CSG environmental authority related to particular plan or decision
  • 671 Amending other CSG environmental authorities

PART 9 - TRANSITIONAL PROVISION FOR PAYROLL TAX REBATE, REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2015

  • 672 Authorised person’s power to enter places

PART 10 - TRANSITIONAL PROVISION FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

  • 673 Existing development applications

PART 11 - TRANSITIONAL PROVISION FOR WATER LEGISLATION (DAM SAFETY) AMENDMENT ACT 2017

  • 674 Application of s 352K for emergency action plans given to chief executive before commencement

PART 12 - TRANSITIONAL PROVISIONS FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019

  • 675 Definition for part
  • 676 Application of new s 161
  • 677 Continued application of former s 390

PART 13 - TRANSITIONAL PROVISIONS FOR WATER LEGISLATION AMENDMENT ACT 2023

  • 678 Definition for part
  • 679 Saving of former s 110 in relation to failure to give drinking water quality management plan audit report before commencement
  • 680 References to particular existing reports
  • 681 Proceedings for particular offences

CHAPTER 10A - (Repealed)

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