WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SCHEDULE 3

WATER SUPPLY (SAFETY AND RELIABILITY) ACT 2008 - SCHEDULE 3

SCHEDULE 3 – Dictionary

"2009 restructuring Act" means the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .


"administrator" see section 530 .


"advisory council" means an advisory council established under section 570 .


"alternative procedure" , for chapter 4 , part 2 , see section 378 (b) (ii) .


"animal husbandry activities" means the breeding, keeping or raising of animals, or caring for animals, for commercial purposes if the animals are kept in an enclosure, pond or other confined area.


"anniversary day" , for an approved water efficiency management plan, means each anniversary of the day the plan was approved.


"annual preparedness report" see section 375 (a) .


"annual report" means a report prepared by a recycled water provider under section 273 .


"appointer" see section 402 .


"appropriately qualified" ...


"approval period" —

(a) for chapter 4 , part 1 , division 2A —see section 352K (7) ; or

(b) for chapter 4 , part 2 —see section 371G (2) .

(a) for chapter 2 , part 4 , division 2 —see section 105 ; or

(b) for an audit under chapter 3 —means the person who, under the chapter, has prepared, or is to prepare, an audit report for the audit.

(a) for chapter 10 , part 4 , see section 640 ; or

(b) for chapter 10 , part 5 , see section 644 .

(a) any regulator conditions for the plan; or

(b) a condition mentioned in section 208 (2) , (3) , (5) or (6) that applies to the plan.

(a) generally—means a property service that supplies either water supply services or sewerage services, or both, to premises; or

(b) for chapter 2 , part 5 , division 6 —see section 170 .

(a) the cost of measures to reduce leakage; and

(b) the economic benefit of saving water from leakage; and

(c) the reduced operational costs and deferred infrastructure costs that would result from reducing leakage.

(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b) that is not revived as prescribed by section 11 of that Act.

1 Generally,
"customer" —

(a) of a service provider that is a local government (other than a withdrawn SEQ council), means a ratepayer of the local government who enjoys registered services supplied by the local government; or

(b) of a service provider that is a distributor-retailer or withdrawn SEQ council, means any of the following—

(i) a person who purchases registered services or services relating to trade waste supplied by the distributor-retailer or withdrawn SEQ council;

(ii) a person on relevant premises to whom both of the following apply—

(A) the person wants to receive registered services or services relating to trade waste from the distributor-retailer or withdrawn SEQ council;

(B) the services are, or can reasonably be made, available to the premises, whether or not they are connected to the service;

(iii) a person to whom registered services are available, whether or not—

(A) the person wants to receive the services; or

(B) the relevant premises are connected to the service; or

(c) of a service provider other than a local government or a service provider that is a distributor-retailer or withdrawn SEQ council, means a person who purchases registered services supplied by the service provider on premises other than a public place or premises owned by a service provider (
"relevant premises" ).

2 In chapter 2 , part 3 , division 6 and in the definition of non-residential customer,
"customer" —

(a) of a service provider that is a local government, means—

(i) a ratepayer of the local government who enjoys registered services supplied by the local government; or

(ii) a person who occupies non-residential premises that enjoy registered services supplied by the local government; or

(b) of a service provider other than a local government, means—

(i) a person who purchases registered services supplied by the service provider; or

(ii) a person who occupies non-residential premises that enjoy registered services supplied by the service provider.

1
"Customer service standard" means a standard prepared under section 115 .

2 The term includes the standard as revised under section 119 .

(a) an electronic system owned or controlled by the State or a service provider, including, for example, a system used for the delivery of a sewerage service or a water service; or

(b) data owned or controlled by the State or a service provider.

1
"Dam" means—

(a) works that include a barrier, whether permanent or temporary, that does or could impound water; and

(b) the storage area created by the works.

2 The term includes an embankment or other structure that controls the flow of water and is incidental to works mentioned in item (1)(a).

3 The term does not include the following—

(a) a rainwater tank;

(b) a water tank constructed of steel or concrete or a combination of steel and concrete;

(c) a water tank constructed of fibreglass, plastic or similar material.

1
"Demand management" for water includes—

(a) reducing demand for water; and

(b) increasing the efficiency of water supply works; and

(c) increasing the efficiency of the use of water by end-users; and

(d) substituting a process that does not use a water resource for one that does use a water resource; and

(e) substituting one water resource for another.

2 For item 1(b), water supply works are water infrastructure or other works for the supply of water or the storage, distribution or treatment of water.

Note—

Under the Planning Act, a development approval is required for certain development. A development approval may be in the form of a preliminary approval, a development permit or a combination of both of them.

1
"Development condition" , of a development approval, means a condition of the approval that relates to a referable dam and was imposed by, or at the direction of—

(a) the chief executive; or

(b) the chief executive of the department in which the Planning Act is administered.

2
"Development condition" includes either of the following—

(a) a safety condition;

(b) a condition mentioned in the Water Act, section 1068 or 1069 .

(a) the transmission of water; or

(b) the reticulation of water; or

(c) water treatment or recycling.

1
"Drinking water" means water, for human consumption, intended primarily as water for drinking, whether or not the water is used for other purposes.

2
"Drinking water" does not include—

(a) water that is food as defined under the Food Act 2006 ; or

(b) water taken or supplied for domestic purposes under the Water Act.

(a) relating to the conduct of audits of drinking water service providers; and

(b) developed by RABQSA International Inc ARBN 112 238 169 and other entities.

(a) the treatment, transmission or reticulation of water for supply as drinking water; or

(b) water collection in a water storage, if the water in the storage—

(i) includes recycled water; and

(ii) is used to augment a drinking water supply.

(a) flushing toilets; or

(b) connection to a cold water laundry tap for a washing machine at a residential premises; or

(c) irrigating lawns or gardens of a residential premises; or

(d) washing down external parts of a residential premises, including, for example, a driveway.

(a) the physical collapse of all or part of the dam; or

(b) the uncontrolled release of any of the dam’s contents.

1
"Hazardous waste dam" means a dam containing, or that after its construction will contain—

(a) a substance, whether liquid, solid or gaseous, derived by, or resulting from, the processing of minerals that tends to destroy life or impair or endanger health; or

(b) ash resulting from the process of power generation.

2 The term includes a dam that is used, or after its construction will be used, to prevent contamination of the environment by storing waste or a contaminant within the meaning of the Environmental Protection Act 1994 .

(a) the preventative and corrective actions to be taken; and

(b) protocols for communication between entities that are part of the recycled water scheme, the regulator and any other stakeholders.

(a) stating the following—

(i) the decision;

(ii) the reasons for the decision;

(iii) the name and address of any other person who was given the notice;

(iv) that the person to whom the notice is given may apply for an internal review of the decision, within 30 business days after the notice is given;

(v) how to apply for the internal review; and

(b) including a copy of the relevant internal review provisions of this Act.

(a) for chapter 2 , part 4 , division 1 —see section 96 (3) ; and

(b) for chapter 3 , part 2 —see section 203 (3) ; and

(c) for chapter 3 , part 4 —see section 238 (3) .

(a) a measure of the efficiency and effectiveness of the delivery of services; or

(b) data that, when combined, provides a measure of the efficiency and effectiveness of the delivery of services.

(a) a service provider primarily providing bulk water services; or

(b) for a retail water service or sewerage service—a service provider with more than 25,000 connections to a registered service; or

(c) for a drinking water service that is the reticulation of water and is not a retail water service—a service provider with more than 25,000 connections to a registered service; or

(d) for an irrigation service—a service provider with—

(i) more than 500 users; and

(ii) a volume throughput, in any of the last 5 financial years, of more than 10,000ML.

(a) for a retail water service or sewerage service—a service provider with more than 1,000 but not more than 25,000 connections to a registered service; or

(b) for a drinking water service that is the reticulation of water and is not a retail water service—a service provider with more than 1,000 but not more than 25,000 connections to a registered service; or

(c) for an irrigation service—a service provider with—

(i) more than 100 but not more than 500 users; and

(ii) a volume throughput, in any of the last 5 financial years, of more than 10,000ML.

(a) the taking of, or interfering with, water; or

(b) the quality of water.

1 A
"multiple-entity recycled water scheme" means a scheme involving the production and supply of recycled water by more than 1 recycled water provider, or at least 1 recycled water provider and another entity.

2 A
"multiple-entity recycled water scheme" is made up of—

(a) each recycled water provider and other entity declared to be part of the scheme under a declaration for the scheme made under chapter 3 , part 8 ; and

(b) the infrastructure for the production and supply of the recycled water that is stated to be part of the scheme under the declaration.

1 An
"owner" of land is any of the following, and includes the occupier of the land—

(a) the registered proprietor of the land under the Land Title Act 1994 ;

(b) the lessee or licensee under the Land Act 1994 of the land;

(c) the holder of a mineral development licence or mining lease over the land under the Mineral Resources Act 1989 ;

(d) the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise;

(e) the person who is entitled to receive the rents and profits of the land.

2 An
"owner" of a dam is the owner of land on which the dam is constructed or is to be constructed.

(a) a lot as defined under the Planning Act, schedule 2 ; or

(b) for a lot under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 —the common property for the lot.

(a) if the premises are lots included in a community titles scheme under the Body Corporate and Community Management Act 1997 —the scheme land under that Act for the scheme; or

(b) if the premises are lots under the Building Units and Group Titles Act 1980 —the parcel of which the premises form part.

(a) is in writing and is signed by each person who made the submission; and

(b) is received on or before the last day for the making of the submission; and

(c) states the name and address of each person who made the submission; and

(d) states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and

(e) is received by the person stated in the notice inviting the submission.

1
"Property service" —

(a) for a water service—is the pipes and fittings installed for connecting premises to a service provider’s infrastructure; or

(b) for a sewerage service—is a junction, bend, pipe, jump up or graded jump up required to connect a sanitary drain or property sewer to a service provider’s infrastructure.

2 For item 1(b)—

(a) a graded jump up is an inclined section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels; and

(b) a jump up is a vertical section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels.

(a) sewage or effluent sourced from a service provider’s sewerage;

(b) wastewater, other than water mentioned in paragraph (a) .

(a) for a single-entity recycled water scheme—a plan about the production and supply of recycled water under the scheme by the recycled water provider for the scheme; or

(b) for a multiple-entity recycled water scheme—a plan about the production and supply of recycled water under the scheme consisting of a scheme manager plan and a scheme provider plan for each declared entity for the scheme.

(a) owns infrastructure for the production and supply of recycled water; or

(b) another entity, prescribed under a regulation, that owns infrastructure for the supply of recycled water.

(a) for a single-entity recycled water scheme—the recycled water provider for the scheme; or

(b) for a multiple-entity recycled water scheme—the scheme manager for the scheme.

(a) a drinking water service provider; or

(b) a sewerage service provider; or

(c) another water service provider prescribed under a regulation.

(a) for chapter 8 , part 1 , division 1 —see section 530 (3) ; or

(b) for chapter 8 , part 1 , division 2 —see section 535 (1) (a) .

1 A
"retail water service" is a water service that is the reticulation of water in a service area for a water service.

2 The term does not include—

(a) an irrigation service or a bulk water service in any area; or

(b) the supply of recycled water in any area.

Examples of structures built below ground level—

tunnels for traffic, underground carparks, basements, lift wells

(a) a retail water service to customers;

(b) a sewerage service to customers.

(a) of a retail water service or sewerage service in a service area, for chapter 2 , part 5 , see section 160 ; or

(b) generally—means a water service provider or a sewerage service provider.

1
"Sewerage service" means—

(a) sewage treatment; or

(b) the collection and transmission of sewage through infrastructure; or

(c) the disposal of sewage or effluent.

2 For chapter 2 , part 3 , the term does not include a service supplied by infrastructure, if—

(a) the infrastructure is used solely for mining purposes; or

(b) the service is used only by—

(i) the owner of the infrastructure or the owner’s guests or employees including, for example, guests at a resort; or

(ii) if the owner of the infrastructure is a body corporate for a community titles scheme, however described, established under an Act—the occupants of lots in the scheme.

Examples of body corporates for community title schemes—

• a body corporate under the Body Corporate and Community Management Act 1997

• a community body corporate or a precinct body corporate under the Mixed Use Development Act 1993

• the primary thoroughfare body corporate or the principal body corporate under the Sanctuary Cove Resort Act 1985

(a) means a scheme involving the production and supply of recycled water by only 1 recycled water provider; and

(b) includes infrastructure, owned by the provider, for the production and supply of the water.

(a) for a retail water service or sewerage service—a service provider with 1,000 or less connections to a registered service; or

(b) for a drinking water service that is the reticulation of water and is not a retail water service—a service provider with 1,000 or less connections to a registered service; or

(c) for an irrigation service—a service provider with—

(i) 100 or less users; or

(ii) a volume throughput, in any of the last 5 financial years, of 10,000ML or less; or

(d) for a water service other than a water service mentioned in paragraph (a) , (b) or (c) , a service provider—

(i) with not more than 500 customers; and

(ii) that mainly provides drainage services or water for domestic purposes or for watering stock.

(a) watering stock of a number that would normally be depastured on the land on which the water is, or is to be, used; or

(b) watering travelling stock on a stock route under the Stock Route Management Act 2002 , schedule 3 .

(a) has the experience or qualifications appropriate to conduct the audit to which the report relates; or

(b) if a regulation prescribes the experience or qualifications necessary for a person to conduct the audit to which the report relates—has the experience or qualifications prescribed under the regulation.

(a) for recycled water that is sewage or effluent—

(i) the reuse of the water by the entity that produces it; or

(ii) the supply of the water, by the entity that produces it, to another entity for reuse; and

(b) for other recycled water—supply of the water, by the entity that produces it, to another entity for reuse, other than another entity that, under a guideline made by the regulator and prescribed under a regulation, is a related entity of the entity that produced it.

(a) waste that is a prohibited substance; or

(b) human waste; or

(c) stormwater.

(a) artesian water; or

(b) subartesian water.

(a) means native plants including trees, shrubs, bushes, seedlings, saplings and reshoots; and

(b) for a wild river area under the Wild Rivers Act 2005 , includes dead vegetation.

(a) an agricultural activity; or

(b) a resource activity as defined under the Environmental Protection Act 1994 , section 107 .

(a) a water allocation; or

(b) an interim water allocation granted under the Water Act before the commencement of section 1271 of the Water Act; or

(c) a water licence.

(a) for drinking water, means all of the following—

(i) the standards for the quality of drinking water prescribed in a regulation under the Public Health Act;

(ii) the criteria stated in a guideline, if any, made by the regulator about the quality of drinking water;

(iii) the criteria for the quality of drinking water stated in a condition applying to a drinking water quality management plan; and

(b) for recycled water, means all of the following—

(i) the standards for the quality of recycled water, relating to the sources and uses of the water, prescribed in a regulation under the Public Health Act;

(ii) the criteria for the quality of recycled water, relating to the sources and uses of the water—

(A) stated in a guideline, if any, made by the regulator about the quality of recycled water; or

(B) for the quality of recycled water to which a recycled water management plan relates—stated in a regulator condition for the plan.

Note—

A recycled water scheme may have more than 1 water quality criteria relevant to the scheme depending on the number of different purposes for which water is supplied.

1
"Water service" means—

(a) water harvesting or collection, including, for example, water storages, groundwater extraction or replenishment and river water extraction; or

(b) the transmission of water; or

(c) the reticulation of water; or

(d) drainage, other than stormwater drainage; or

(e) water treatment or recycling.

2 For chapter 2 , part 3 , the term does not include a service supplied by infrastructure, if—

(a) the infrastructure is used solely for mining purposes; or

(b) the service is used only by—

(i) the owner of the infrastructure or the owner’s guests or employees including, for example, guests at a resort; or

(ii) if the owner of the infrastructure is a body corporate for a community titles scheme, however described, established under an Act—the occupants of lots in the scheme.

Examples of body corporates for community title schemes—

• a body corporate under the Body Corporate and Community Management Act 1997

• a community body corporate or a precinct body corporate under the Mixed Use Development Act 1993

• the primary thoroughfare body corporate or the principal body corporate under the Sanctuary Cove Resort Act 1985

(a) a watercourse or lake, including a dam or weir across the watercourse or lake;

(b) an aquifer;

(c) a dam or weir that is not located across a watercourse or lake;

(d) another source of water prescribed under a regulation.

(a) means a barrier constructed across a watercourse below the banks of the watercourse that hinders or obstructs the flow of water in the watercourse; and

(b) for the definition of
"water source" —includes a barrier constructed across or within a lake that interferes with water in the lake.

(a) means—

(i) operations of any kind and all things constructed, erected or installed for the purposes of this Act or the Water Act 2000 ; and

(ii) any land used for the operations; and

(b) for chapter 4 , part 5 —includes building work, and operational work, within the meaning of the Planning Act 2016 .