Download South-East Queensland Water (Distribution and Retail Restructuring) PDF

TitleSouth-East Queensland Water (Distribution and Retail Restructuring)
LanguageEnglish
File Size2.6 MB
Total Pages383
Table of Contents
                            Contents
	Chapter 1 Preliminary
		Part 1 Introduction
			1 Short title
			2 Commencement
		Part 2 Purposes and application of Act
			3 Purposes of Act
			4 Achievement of purposes
		Part 3 Interpretation
			Division 1 Key definitions
				5 Who are a distributor-retailer’s participating local governments
				6 What is a distributor-retailer’s geographic area
			Division 2 Dictionary
				7 Dictionary
			Division 3 Functions
				7A References to functions
	Chapter 2 New authorities for water distribution and retailing
		Part 1 Establishment, functions and powers
			8 Establishment
			9 Legal status
			10 Expiry
			11 Functions
			12 Powers
			13 Functions
		Part 2 Application of particular other Acts to distributor-retailers
			14 Statutory Bodies Financial Arrangements Act 1982
			15 Financial Accountability Act 2009
			16 Crime and Corruption Act 2001
			17 Right to Information Act 2009
			17A Information Privacy Act 2009
			18 Land Act and Land Title Act
			18A Penalties and Sentences Act 1992
			18B Joint government activity power for LGA 2009 and CBA 2010
			19 Deletion of commercially sensitive matters from annual report
		Part 3 Participation agreements for distributor-retailers
			20 Requirement for agreement
			21 Planning and reporting requirements
			22 Particular matters agreement may provide for
			23 Minister’s default power to make agreement
			24 When agreement takes effect
			25 Tabling of agreement
			26 Effect as a contract
			27 Act prevails over agreement
			28 Power to amend by agreement
			29 Ministerial approval required for change in particular matters
			30 Tabling of amended agreement
			30A Publication of participation agreement etc.
		Part 4 Boards of distributor-retailers
			Division 1 Establishment, membership and related matters
				31 Requirement to have board
				32 Role of boards
				33 Membership in general
				34 Councillor-members
				35 Independent members
				36 Disqualifications for independent member
				36A Terms of membership
				36B Chairperson
			Division 2 Business
				37 Conduct of business
				38 Time and place of meetings
				39 Presiding at meetings
				40 Conduct of meetings
				41 Minutes
				42 Disclosure of interests
			Division 3 Financial management
				43 Approval required for profit distribution
		Part 5 Chief executive officer
			44 Appointment of chief executive officer
			45 Term of appointment
			46 Conditions of appointment
			47 Qualifications for appointment
			48 Chief executive officer’s responsibilities
		Part 6 Reserve powers of participating local governments
			49 Group directions
			49A Individual directions
			50 Publication of directions
			51 Compliance with directions
		Part 7 Miscellaneous provisions
			52 Authentication of documents
			52A Relationship between councillor-member functions and councillor functions
			53 Delegation
	Chapter 2A General provisions for distributor-retailers as service providers
		Part 1 Provisions for distributor-retailers to become service providers
			Division 1 General provisions
				53AA Distributor-retailers become service providers
				53AB Participating local governments cease being service providers
				53AC Notice to regulator not required for transfer under transition document
				53AD Existing customers
			Division 2 Existing trade waste approvals
				53AF Existing trade waste approvals
				53AG Power to amend existing trade waste approvals for particular purposes
				53AH Requirements for making consistency amendment
			Division 3 Provision of information
				53AI Authorised exchange of information
		Part 2 Application of particular Water Supply Act provisions to distributor-retailers
			Division 1 Preliminary
				53AJ Purpose of pt 2
				53AK Application of pt 2
			Division 2 Application of provisions
				53AL Provision about plans under the Water Supply Act—generally
				53AM Provision about strategic asset management plan
				53AN Provision about system leakage management plan
				53AO Provision about drinking water service
				53AP Provision about service areas—before water netserv plan is in effect
				53AQ Provision about service areas—after water netserv plan is in effect
				53AR Provision about recycled water management plan
		Part 3 Overdue charges for water services and wastewater services
			53AS Application of pt 3
			53AT Interest
			53AU Overdue charge is owing by any owner of the premises
			53AV Charge on premises for overdue charge, CPI indexation and costs ordered
			53AW Quarterly CPI indexation for distributor-retailer’s charge
			53AX Registration of charge and effect of registration
		Part 3A Personal details requirements
			53AXA  Application of pt 3A
			53AXB  Power to require name and residential address
			53AXC  Power to require evidence of name or residential address
			53AXD  Exception if infringement notice offence not proved
		Part 4 Miscellaneous provisions
			53AY Authority to acquire land
			53BA Ownership of water infrastructure that becomes part of land
	Chapter 2B Water infrastructure provisions for distributor-retailers
		Part 1 Preliminary
			53BB What is water infrastructure and water infrastructure work
			53BC What is a public entity
			53BD Publicly-controlled places and their public entities
			53BE What is a road and a State-controlled road
			53BF What are road works
			53BG Meaning of location on a road
		Part 2 Carrying out water infrastructure work on publicly-controlled places
			Division 1 When work may be carried out
				53BH Right to carry out work on publicly-controlled place
				53BI Requirements for carrying out work
				53BJ Obtaining public entity’s approval or entering consent arrangement
				53BK Conditions of approval or arrangement
			Division 2 Obligations in carrying out work
				53BL Application of div 2
				53BM Guarding
				53BN Warning signs on roads
				53BO General obligations in carrying out work
				53BP Maintenance
			Division 3 Work directions
				53BQ Power to give work direction
				53BR Compliance with work direction
				53BS Costs of carrying out directed work
		Part 3 Public entity work
			53BT Application of pt 3
			53BU Requirement to consult if water infrastructure affected
			53BV Power to require consequential work
			53BW Compliance with consequential work requirement
			53BX Costs of carrying out required consequential work
		Part 4 Water infrastructure interfering with publicly-controlled place
			53BY Application of pt 4
			53BZ Remedial action by public entity in emergency
			53CA Power to require remedial action
			53CB Compliance with remedial action requirement
			53CC Costs of taking required remedial action
		Part 5 Water infrastructure work and roads
			53CD Application of pt 5
			53CE Record obligation
			53CF Obligation to give public entity information
			53CG Exclusion of liability for particular damage by public entity to water infrastructure
			53CH Liability for additional public entity road work expenses
			53CI Distributor-retailer and public entity may share costs
		Part 6 Miscellaneous provision
			53CJ Compensation
	Chapter 2C Discharge officers and water connection officers
		Part 1 General provisions about discharge officers and water connection officers
			53CK Appointment and other provisions
			53CL Functions of a discharge officer
			53CLA  Functions of a water connection officer
		Part 2 Powers of discharge officers
			Division 1 General powers for entering places
				53CM General powers of entry
			Division 2 Entry to take discharge compliance action
				53CN Power to enter
			Division 3 Approved inspection programs
				53CO Power to enter place subject to approved inspection program
				53CP Approving an inspection program
				53CQ Content of public notice and access requirements
			Division 4 Obtaining warrants
				53CR Application for warrant
				53CS Issue of warrant
				53CT Application by electronic communication and duplicate warrant
				53CU Defect in relation to a warrant
			Division 5 Procedure for entries
				53CV Entry with consent
				53CW Entry under warrant
				53CX Other entries
			Division 6 Powers after entry
				53CY Application of div 6
				53CZ General powers after entry
				53DA Failure to help discharge officer
			Division 7 Personal details requirements
				53DB Application of div 7
				53DC Power to require name and residential address
				53DD Power to require evidence of name or residential address
				53DE Exception if discharge offence not proved
			Division 8 Safeguards
				53DF Duty to avoid damage
				53DG Notice of damage
				53DH Content of notice of damage
				53DI Compensation from distributor-retailer to owner or occupier
		Part 3 Discharge compliance notices
			53DJ Who may give a discharge compliance notice
			53DK Requirements for discharge compliance notice
			53DL Offence to contravene discharge compliance notice
			53DM Action distributor-retailer may take if discharge compliance notice contravened
			53DN Recovery of costs of discharge compliance action
		Part 4 Powers of water connection officers
			Division 1 General powers for entering places
				53DNA  General powers of entry
			Division 2 Other powers of water connection officers
				53DNB  Application of ch 2C, pt 2, divs 2 to 8
		Part 5 Show cause and water connection compliance notices
			Division 1 Show cause notices
				53DNC  When show cause notice must be given before compliance notice
			Division 2 Water connection compliance notices
				53DND  Who may give a water connection compliance notice
				53DNE  Requirements for water connection compliance notice
				53DNF  Offence to contravene water connection compliance notice
				53DNG  Action distributor-retailer may take if water connection compliance notice contravened
				53DNH  Recovery of costs of water connection compliance action
	Chapter 3 Transfer from local governments to distributor-retailers
		Part 1 Transfer schemes
			Division 1 Making of transfer schemes
				54 Power to make transfer scheme
				56 Particular matters scheme may provide for
				56A Period of transfer schemes
			Division 2 Approval of transfer scheme
				57 Request for approval
				58 Requirements for certification statement
				59 Deciding request
				60 Notice and taking effect of approved scheme
			Division 3 Miscellaneous provision
				61 Discharge of liabilities by transfer scheme
		Part 2 Ministerial powers for transition
			62 Transfer notice
			63 Period of transfer notices
			64 Effect of transfer notice
			65 Transfer direction
		Part 3 Provisions facilitating transition
			Division 1 General provisions
				66 Chapter applies despite other laws and instruments
				67 Decisions not reviewable
				68 Effect on legal relationships
				69 Disclosure and use for transition of information
				70 Registering authority to register or record transfer
				71 Non-liability for State taxes, charges or fees
			Division 2 Provisions for other laws and instruments
				Subdivision 1 Acquisition of Land Act
				Subdivision 2 Land Act
				Subdivision 3 Infrastructure agreements
				Subdivision 3A Other matters under Acts about planning
				Subdivision 4 Reconfigurations
				Subdivision 5 Planning schemes and declared master planned areas
		Part 4 Workforce provisions—preservation of rights of employees
			81 Application of pt 4
			82 Continuity of employment
		Part 5 Provisions for separate transfers of land and attached assets
			84 Application of pt 5
			85 References to land with asset attached
			86 Entry to and use of land and structures by asset owner
			87 Compensation to landowner for entry and use
			88 Landowner’s obligations for asset
			89 Registration of information about asset
		Part 6 Provisions for easements
			90 Application of pt 6
			91 Rights, liabilities and obligations under easement
			92 Registration of information about easement
	Chapter 3A Replacement of Allconnex by councils
		Part 1 Preliminary
			92AA Application of ch 3A
			92AB What is Allconnex
			92AC What is a withdrawn council
			92AD What is Allconnex’s successor
		Part 2 General provisions for retransfer to withdrawn councils on 1 July 2012
			Division 1 Preliminary
				92AE Application of pt 2
			Division 2 General service provider provisions
				92AF Allconnex ceases to be service provider
				92AG Withdrawn councils become service providers
				92AH No notice to regulator required
				92AI Withdrawn council’s initial service area
				92AJ Creation of commercial business units for withdrawn councils
				92AK Migration of customers
				92AL Migration of appointments and delegations
			Division 3 Transfer of Allconnex’s trade waste and seepage water functions under Water Supply Act
				92AM Application of particular provisions of ch 2C
				92AN Other functions not affected
			Division 4 Allconnex’s status, functions and board
				92AO Legal status unaffected until dissolution
				92AP Residual functions
				92AQ Board
		Part 3 Retransfer provisions
			Division 1 Retransfer scheme
				Subdivision 1 General provisions
				Subdivision 2 Contents
				Subdivision 3 Certification statement
				Subdivision 4 Miscellaneous provision
			Division 2 Ministerial functions for retransfer
				92BC Retransfer notice
				92BD Retransfer direction
			Division 3 Miscellaneous provisions for retransfer documents
				92BE Discharge of liabilities
				92BF Effect of retransfer document
		Part 4 General provisions facilitating retransfer
			Division 1 Preliminary
				92BG Application of pt 4
			Division 2 Default provisions
				Subdivision 1 General provisions
				Subdivision 2 Provisions for infrastructure agreements and actions under Acts about planning
			Division 3 Information provisions
				92BS Authorised exchange of information
				92BT Disclosure and use of information for retransfer
				92BU Provision for continued access to Allconnex’s records
				92BV Relationship with Information Privacy Act 2009 and Right to Information Act 2009
			Division 4 Withdrawal costs
				Subdivision 1 Preliminary
				Subdivision 2 Entitlements
				Subdivision 3 Arbitration
			Division 5 Other provisions
				92CL Application of Judicial Review Act 1991 to particular decisions
				92CM Effect on legal relationships
				92CN References to Allconnex
				92CO Registering authority to register or record transfer
				92CP Non-liability for State taxes, charges or fees
				92CQ Tax equivalents
				92CR Existing trade waste compliance notices
		Part 5 Provisions for other laws and instruments
			Division 1 Preliminary
				92CS Application of pt 5
			Division 2 Water Act
				92CU New grid contract documents for withdrawn councils
				92CUA  Water efficiency management plans
				92CUB  Migration of other actions
			Division 3 Water Supply Act
				Subdivision 1 Existing trade waste and seepage approvals
				Subdivision 2 Other matters
			Division 4 Water EPP
				92DG Trade waste plans and managing wastewater services
			Division 5 Amending particular documents to reflect transition
				92DH Amendment power
			Division 6 Planning Act
				92DI Cessation of Allconnex’s functions
				92DJ Continued effect of non-application of planning schemes under s 78A
			Division 7 Acquisition of Land Act
				92DK Existing acquisitions
				92DL Acquisitions interrupted by retransfer scheme or notice
				92DM Provisions for withdrawn council becoming constructing authority
			Division 8 Land Act
				92DN Provision for particular freehold land and Land Act leases
			Division 9 Plumbing and Drainage Act 2002
				92DO Cessation of functions and other matters
			Division 10 LGA 2009
				92DP LGA 2009 applies for particular debts to Allconnex
		Part 6 Provisions for separately retransferred land and attached assets
			92DQ Application of pt 6
			92DR References to land with asset attached
			92DS Entry to the land by local government workers
			92DT Landowner’s obligations for asset
		Part 8 Workforce provisions—preservation of rights of employees
			92EI Application of pt 8
			92EJ Transfer has effect despite other laws and instruments
			92EK Continuity of employment
		Part 9 Dissolution of Allconnex
			92EQ Fixing dissolution day
			92ER Dissolution
			92ES Other provisions for dissolution
	Chapter 4 Customer water and wastewater code and other customer service provisions
		Part 1 General provisions about code
			93 Minister’s power to make code
			94 Particular matters code may provide for
			94AA Gazettal and taking of effect of code
			94AB Tabling of code
		Part 2 Process for making or amending code
			95 Public notice about availability of draft code
			96 Preparing and approving final code
			97 Amendment of code
		Part 3 Review of code
			99 Review
		Part 4 Other customer service provisions
			Division 1 General provisions about standards of customer service
				99AB Obligation to comply with part
				99AC Application of complaints standard
				99AD Customer service charter
				99AE Updating charter
				99AEA  Access to charter
			Division 2 Meters
				Subdivision 1 General provisions
				Subdivision 2 Meter tests
			Division 3 Security and charges
				Subdivision 1 Restrictions on requesting security
				Subdivision 2 Restricting water supply
				Subdivision 3 Publication of, and exemption from, charges
			Division 4 Accounts
				99AU Application of div 4
				99AV Matters required to be stated in account
				99AW Requirements for accounts for rates notices
			Division 5 Miscellaneous provision
				99AX New owner’s obligation to notify SEQ service provider
	Chapter 4A SEQ design and construction code
		Part 1 General provisions about code
			99AY What is the SEQ design and construction code
			99AZ Requirement to have code
			99BA Particular matters for code
		Part 2 Process for making or amending code
			99BB Public notice about availability of draft code
			99BC Preparing final code
			99BD Adopting code
			99BE When code has effect
			99BF Amendment of code
		Part 3 Minister’s powers in relation to code
			99BG Power of Minister to direct SEQ service provider to take action about code
			99BH Power of Minister if SEQ service provider does not comply with direction
	Chapter 4B Water netserv plans
		Part 1 General provisions
			99BJ Requirement for SEQ service provider to adopt plan
			99BK Plan to be consistent with SEQ regional plan and planning assumptions
			99BL Requirement for SEQ service provider to review plan
		Part 2 Purposes, form and content of plan
			99BM Purposes of plan
			99BN Form of plan
			99BO Content of part A of plan
			99BOA  Connections policy for distributor-retailers
			99BOB  Charges schedules for distributor-retailers
			99BP Content of part B of plan
		Part 3 Particular provisions about plans
			99BQ Matters SEQ service provider must have regard to in making plan
		Part 4 Making and amendment
			99BR Process for making
			99BRAA  Process for amending plan
			99BRAB  Adoption of plan or amendment
	Chapter 4C Water approvals and infrastructure
		Part 1 Services advice notices
			99BRAC  Obtaining notice
			99BRAD  Water approval still required
		Part 2 Water approvals
			Division 1 Application and decision process
				99BRAE  Operation of pt 2
				99BRAF  Applying for water approval
				99BRAG  Decision generally
				99BRAH  Other decision rules
				99BRAI  Decision notice
			Division 2 Conditions and charges
				Subdivision 1 Water approval conditions
				Subdivision 2 Water approval charges
			Division 3 Effect of water approvals
				99BRAO  When approval takes effect
				99BRAP  When approval lapses
				99BRAQ  Approval attaches to land
				99BRAR  Notice about conditions, fees and charges
				99BRAS  Authority to make a connection
				99BRAT  Assessment of connections, water approvals and works
		Part 3 Standard connections
			99BRAU  Requests for standard connections
			99BRAV  Charges that may be levied
		Part 4 Reviews and appeals
			Division 1 Preliminary
				99BRAW  Meaning of interested person and original decision
				99BRAX  Other definitions for pt 4
			Division 2 Internal reviews
				99BRAY  Appeal process starts with internal review
				99BRAZ  Who may apply for review
				99BRBA  Requirements for making internal review application
				99BRBB  Review decision
				99BRBC  Notice of review decision
				99BRBD  Internal review stops particular actions
			Division 3 Appeals to a building and development committee
				99BRBE  Appeals about applications for connections—general
				99BRBF  Appeals about applications for connections—particular charges
				99BRBFA  Appeals against refusal of conversion application
				99BRBG  Application of relevant committee appeal provisions
				99BRBH  Notice of appeal
				99BRBI  Respondent for appeals
				99BRBJ  Who must prove case for appeals
				99BRBK  Registrar must ask distributor-retailer for material in particular proceedings
				99BRBL  Lodging appeal stops particular actions
				99BRBM  Appeals may be combined with appeals under the Planning Act
			Division 4 Appeals to the Planning and Environment Court
				99BRBN  Appeals about applications for connections—general
				99BRBO  Appeals about applications for connections—particular charges
				99BRBOA  Appeals against refusal of conversion application
				99BRBP  Appeals about water connection compliance notices
				99BRBQ  Application of relevant court provisions
				99BRBR  Notice of appeal to other parties
				99BRBS  Stay of operation of water connection compliance notice
				99BRBT  Respondent for appeals
				99BRBU  Who must prove case for appeals
				99BRBV  Lodging appeal stops particular actions
				99BRBW  Appeals may be combined with appeals under the Planning Act
		Part 5 Offences
			99BRBX  Connections without water approval
			99BRBY  Requirement to comply with standard conditions
			99BRBZ  Requirement to comply with conditions of water approvals
		Part 6 Enforcement proceedings
			99BRCA  Starting proceeding for enforcement order
			99BRCB  Application of Water Supply Act enforcement order provisions
		Part 7 Water infrastructure
			Division 1 Preliminary
				99BRCC  Definitions for pt 7
			Division 2 Infrastructure charges schedule
				99BRCD  Operation of div 2
				99BRCE  Schedule of charges to be adopted
			Division 3 Charges for trunk infrastructure
				Subdivision 1 Power to adopt charges
				Subdivision 2 Board decision
				Subdivision 3 Levying charges
				Subdivision 4 Payment
				Subdivision 5 Changing charges
				Subdivision 6 Miscellaneous
			Division 4 Water approval conditions about trunk infrastructure
				Subdivision 1 Conditions for necessary trunk infrastructure
				Subdivision 2 Conditions for additional trunk infrastructure costs
				Subdivision 3 Miscellaneous provisions
			Division 5 Miscellaneous provisions about trunk infrastructure
				Subdivision 1 Conversion of particular non-trunk infrastructure before construction starts
				Subdivision 2 Other provisions
			Division 6 Non-trunk infrastructure
				99BRDJ  Conditions distributor-retailers may impose
			Division 7 Water infrastructure agreements
				99BRDK  Water infrastructure agreement
				99BRDL  Obligation to negotiate in good faith
				99BRDM  Content of water infrastructure agreement
				99BRDMA  Copy of water infrastructure agreement to be given to local government
				99BRDN  When water infrastructure agreement binds successors in title
				99BRDO  Water infrastructure agreement prevails over water approval and infrastructure charges notice
				99BRDP  Agreement for infrastructure partnerships
		Part 8 Miscellaneous provisions
			99BRDQ  SEQ service provider’s guarantees to provide connection
			99BRDR  Ch 4C does not limit Water Supply Act
	Chapter 5 Miscellaneous provisions
		Part 1 Public access to information
			99BT Keeping particular documents available for inspection and purchase
			99BU Requirements for infrastructure charges register
			99BV SEQ service provider may charge for copies of documents
		Part 3 Portability of long service leave
			99BY Definition for pt 3
			99BZ Application of pt 3
			99BZA  Continuation of accrued rights to long service leave
			99BZB  Recognition of previous periods of employment
			99BZC  Payment by former employer to new employer towards long service leave entitlements accrued with former employer
		Part 4 Other matters
			99BZD  Compensation by local governments for particular matters
			100 Liability for Commonwealth and State tax equivalents
			100A Trade waste management plans and plans for managing wastewater services
			100B Distributor-retailer to prepare statement about capital works
			100C Chief executive may make guidelines
			100D Application of Water Supply Act internal and external review provisions for decisions under Act
			100DA  Requirement for SEQ service provider to give information
			100E Offences against Act are summary
			100F Application of Water Supply Act enforcement provisions for particular offences
			100G Documents and information about water approvals and development approvals
			101 Approved forms
			102 Regulation-making power
	Chapter 6 Transitional provisions
		Part 1 Transitional provisions for Act No. 46 of 2009
			103 Appointment of first chief executive officer
			104 Interim participation agreement
			106 Provision for market rules
		Part 2 Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2010
			107A Declaratory provision for s 83
			108 Public entity approvals taken to be given for existing water infrastructure work
			109 Deferral of distributor-retailer’s liability for additional public entity road work expenses
			110 Existing authorised persons
		Part 3 Transitional provisions for the Water and Other Legislation Amendment Act 2010
			111 Definition for pt 3
			112 Amendments to ss 53AE and 53AS
			113 Publication of participation agreement etc.
			114 Refund of certain charges
			115 Matters relating to first making of code
		Part 4 Transitional provisions for Fairer Water Prices for SEQ Amendment Act 2011
			116 Application of s 99ATA for charges applying in capped prices period
			117 Application of s 99AV to accounts for charges
		Part 5 Transitional provision for amendments under Waste Reduction and Recycling Act 2011
			118 Trade waste officers
		Part 6 Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) and Other Legislation Amendment Act 2012
			119 What is a transitional matter
			120 Price mitigation plans of withdrawn councils
			120A Authorised exchange of information
			121 Customer water and wastewater code amendments for transitional matters
			121A Application of s 99ATA to withdrawn councils and Allconnex
			122 Deferral of application of s 99AV
		Part 7 Transitional provisions for South-East Queensland Water (Distribution and Retail Restructuring) Amendment Act 2012
			124 Definitions for pt 7
			125 Cessation of staff support framework
			126 Retransfer staff support framework taken never to have had effect
			127 Effect of former s 92EE on staff support framework
			128 Application of particular provisions of Local Government (Operations) Regulation 2010 to withdrawn councils’ employees
		Part 8 Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012
			130 Effect of SEQ design and construction code
		Part 9 Transitional provisions for Water Supply Services Legislation Amendment Act 2014
			Division 1 Preliminary
				131 Definitions for pt 9
			Division 2 Provisions about delegations
				132 Delegations for concurrence agency functions
				133 Delegations related to functions under the Planning Act, ch 9, pt 7A, div 4 continue
				134 Delegation of functions under the Planning Act, ch 9, pt 7A, div 5
			Division 3 Provisions about development approvals
				135 Water connection aspect of development approvals under the Planning Act
			Division 4 Miscellaneous
				137 SEQ service providers to adopt interim connections policy
				138 Documents and information about water approvals and development approvals under former s 53
				139 Overdue charges
				140 Schedule of works for distributor-retailers before 1 October 2014
		Part 10 Transitional provisions for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014
			140B Definitions for pt 10
			140C Development application for development approval—distributor-retailers
			140D Existing notices
			140E Power to give infrastructure charges notice for particular existing development approvals
			140F Adopted infrastructure charges at commencement continue in effect
	Schedule Dictionary
                        
Document Text Contents
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Queensland

South-East Queensland Water
(Distribution and Retail
Restructuring) Act 2009

Current as at 27 May 2016

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[s 92DP]

South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
Chapter 3A Replacement of Allconnex by councils
Division 10 LGA 2009

92DP LGA 2009 applies for particular debts to Allconnex

(1) This section applies if Allconnex is owed an amount for a
charge-related debt.

(2) From 1 July 2012, LGA 2009 applies for the debt—

(a) as if the debt were overdue rates and charges under that
Act owing to Allconnex’s successor; and

(b) as if the overdue rates and charges had become owing
when the debt became owing to Allconnex; and

(c) as if action taken by the successor to recover the overdue
rates and charges includes all action taken by Allconnex
to recover the debt from anyone liable to pay it.

(3) In this section—

1 July 2010 charge handover arrangement means an
arrangement mentioned in expired sections 26 and 27 of the
South-East Queensland Water (Distribution and Retail
Restructuring) Regulation 2010.

charge-related debt means all or any of the following—

(a) an overdue charge;

(b) either—

(i) CPI indexation on the overdue charge as if the
quarter ending 30 June 2012 had ended; or

(ii) any interest charged on the overdue charge;

(c) a charge imposed under a 1 July 2010 charge handover
arrangement;

(d) costs mentioned in section 53AV(1)(b) ordered to be
paid to Allconnex by any owner of premises to which an
amount owing to Allconnex for an matter mentioned in
paragraphs (a) to (c) relates.
Current as at 27 May 2016 Page 189

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[s 92DQ]

South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
Chapter 3A Replacement of Allconnex by councils
Part 6 Provisions for separately
retransferred land and attached
assets

92DQ Application of pt 6

This part applies if, under a retransfer document—

(a) a withdrawn council becomes the owner of an asset
attached to or on particular land; and

(b) the withdrawn council does not own or have a right to
occupy the land.

92DR References to land with asset attached

A reference in this part to land to which an asset is attached is
a reference to the parcel of land for which there is an
instrument of title that includes the particular area covered by
the asset.

92DS Entry to the land by local government workers

For LGA 2009, section 144 the asset is a local government
facility of the withdrawn council installed by the council.

92DT Landowner’s obligations for asset

The owner of the land can not, without the withdrawn
council’s written consent—

(a) interfere with the asset; or

(b) take any step to change the use of the land to which the
asset is attached; or

(c) carry out material works or make material
improvements to the land; or
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Endnotes

South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
def road works ins 2010 No. 20 s 28(2)
def schedule of works ins 2014 No. 16 s 26(2)
def seepage water ins 2011 No. 31 s 387(2)
def seepage water approval ins 2011 No. 31 s 387(2)
def SEQ design and construction code ins 2010 No. 20 s 28(2)
def SEQ regional plan ins 2010 No. 20 s 28(2)
def SEQ service provider ins 2012 No. 1 s 78(2)
def service provider functions ins 2012 No. 1 s 78(2)
def services advice notice ins 2014 No. 16 s 26(2)
def sewerage service provider ins 2010 No. 20 s 28(2)
def show cause notice ins 2014 No. 16 s 26(2)
def small business customer ins 2011 No. 21 s 17(2)
sub 2012 No. 1 s 78(1)–(2)
def SPRP (adopted charges) ins 2014 No. 36 s 49(2)
def staff support framework om 2012 No. 13 s 21 (retro)
def staged water connection ins 2014 No. 16 s 26(2)
def staged water connection application ins 2014 No. 16 s 26(2)
def standard appeal period ins 2014 No. 16 s 26(2)
def standard appeal period (2nd occurring) ins 2014 No. 36 s 49(2)
def standard conditions ins 2014 No. 16 s 26(2)
def standard connection ins 2014 No. 16 s 26(2)
def State-controlled road ins 2010 No. 20 s 28(2)
def subject premises ins 2014 No. 36 s 49(2)
def successor ins 2012 No. 1 s 78(2)
def trade waste ins 2010 No. 20 s 28(2)
def trade waste approval ins 2010 No. 20 s 28(2)
def trade waste compliance action ins 2010 No. 20 s 28(2)
om 2011 No. 31 s 387(1)
def trade waste compliance notice ins 2010 No. 20 s 28(2)
om 2011 No. 31 s 387(1)
def trade waste offence ins 2010 No. 20 s 28(2)
om 2011 No. 31 s 387(1)
def trade waste officer ins 2010 No. 20 s 28(2)
om 2011 No. 31 s 387(1)
def transitional matter ins 2012 No. 1 s 78(2)
def Transport Infrastructure Act ins 2010 No. 20 s 28(2)
def trunk infrastructure ins 2014 No. 16 s 26(2)
amd 2014 No. 36 s 49(8)
def variable measures ins 2011 No. 21 s 17(2)
sub 2012 No. 1 s 78(1)–(2)
def water approval ins 2014 No. 16 s 26(2)
def water approval conditions ins 2014 No. 16 s 26(2)
def water aspect ins 2010 No. 20 s 28(2)
def water connection compliance action ins 2014 No. 16 s 26(2)
def water connection compliance notice ins 2014 No. 16 s 26(2)
def water connection offence ins 2014 No. 16 s 26(2)
def water connection officer ins 2014 No. 16 s 26(2)
def water EPP ins 2012 No. 1 s 78(2)
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Endnotes

South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
def water infrastructure ins 2010 No. 20 s 28(2)
def water infrastructure agreement ins 2014 No. 36 s 49(2)
def water infrastructure work ins 2010 No. 20 s 28(2)
def water netserv plan ins 2010 No. 20 s 28(2)
def withdrawal costs ins 2012 No. 1 s 78(2)
def withdrawn council ins 2012 No. 1 s 78(2)
def work direction ins 2010 No. 20 s 28(2)

6 Information about retrospectivity

Retrospective amendments that have been consolidated are noted in the list of legislation
and list of annotations. From mid-2013 any retrospective amendment that has not been
consolidated is noted on the cover page.

© State of Queensland 2016
Current as at 27 May 2016 Page 381

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