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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Water Supply (Safety and
Reliability) Bill 2008
Queensland
Water Supply (Safety and Reliability) Bill
2008
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3 Purpose of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . 27
4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Chapter 2 Infrastructure and service
Part 1 Preliminary
6 Application of ch 2 to local governments . . . . . . . . . . . . . . . . . . . 28
Part 2 The regulator
10 Who is the regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
11 Regulator's general functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
12 Register of service providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
13 Requirement for service provider to give information . . . . . . . . . . 29
14 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
15 Delegation by regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 3 Service providers
Division 1 Registration of service providers
20 Who must apply for registration as a service provider . . . . . . . . . 31
21 Applying for registration as a service provider . . . . . . . . . . . . . . . 32
22 Registration as a service provider . . . . . . . . . . . . . . . . . . . . . . . . 32
23 Applying to amend service provider's details of registration. . . . . 32
24 Notice of transfer of infrastructure . . . . . . . . . . . . . . . . . . . . . . . . 33
25 Registering transferee as a service provider . . . . . . . . . . . . . . . . 33
26 Notice of intention to stop operating as a service provider. . . . . . 35
27 Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Water Supply (Safety and Reliability) Bill 2008
Contents
28 Applying for cancellation of registration as service provider. . . . . 36
29 Registration as a service provider is not a right to water
entitlement or resource operations licence. . . . . . . . . . . . . . . . . . 37
30 Reviewing and changing service provider registration details . . . 37
Division 2 General powers of service providers and authorised
persons
31 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
32 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
33 Power to disconnect unauthorised connections . . . . . . . . . . . . . . 38
34 Power to direct remedial work . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
35 Power to install meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
36 Power to enter places for restricted purposes . . . . . . . . . . . . . . . 40
37 Power to enter place to read, check, maintain or replace meter . 41
38 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
39 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
40 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3 Power to restrict water supply
41 Restricting water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
42 Regulator may direct restriction . . . . . . . . . . . . . . . . . . . . . . . . . . 45
43 Notice of service provider water restriction must be given . . . . . . 46
44 Temporary interruptions to water supply . . . . . . . . . . . . . . . . . . . 47
Division 4 Authorised persons
45 Appointing authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . 48
46 Authorised person's identity cards . . . . . . . . . . . . . . . . . . . . . . . . 48
47 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
48 Producing and displaying identity card . . . . . . . . . . . . . . . . . . . . . 49
Division 5 Liability of service providers
49 Liability of service providers for negligence . . . . . . . . . . . . . . . . . 49
Division 6 Water efficiency management plans
50 Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
51 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
52 When water efficiency management plan may be required . . . . . 51
53 Content of water efficiency management plan . . . . . . . . . . . . . . . 52
54 Approving water efficiency management plan . . . . . . . . . . . . . . . 53
55 Complying with water efficiency management plan . . . . . . . . . . . 54
56 Reporting under water efficiency management plan . . . . . . . . . . 54
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Water Supply (Safety and Reliability) Bill 2008
Contents
57 Amending or replacing water efficiency management plan by
chief executive direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
58 Amending or replacing water efficiency management plan by
water service provider direction . . . . . . . . . . . . . . . . . . . . . . . . . . 56
59 Amending or replacing water efficiency management plan by
request ....................................... 57
60 Notice to comply with water efficiency management plan . . . . . . 57
61 Reviewing water efficiency management plans . . . . . . . . . . . . . . 57
Division 7 Miscellaneous
62 No charge for water in rainwater tank. . . . . . . . . . . . . . . . . . . . . . 58
Part 4 Service provider obligations
Division 1 Strategic asset management plans
70 Requirement for strategic asset management plan . . . . . . . . . . . 58
71 Preparing strategic asset management plan . . . . . . . . . . . . . . . . 58
72 Certifying strategic asset management plan . . . . . . . . . . . . . . . . 59
73 Submitting strategic asset management plan for approval. . . . . . 60
74 Approving strategic asset management plan . . . . . . . . . . . . . . . . 60
75 Refusing to approve strategic asset management plan . . . . . . . . 60
76 Changing strategic asset management plan . . . . . . . . . . . . . . . . 61
77 Complying with approved strategic asset management plan . . . . 62
Division 2 System leakage management plans
Subdivision 1 Preliminary
78 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Subdivision 2 Preparing and submitting plan
79 Requirement for system leakage management plan . . . . . . . . . . 62
80 Preparing system leakage management plan . . . . . . . . . . . . . . . 63
81 Certifying system leakage management plan . . . . . . . . . . . . . . . 63
82 Submitting system leakage management plan for approval . . . . . 63
Subdivision 3 Exemption from preparing plan
83 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
84 Deciding the application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
85 Conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
86 Cancelling or amending an exemption . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 4 Approving or refusing to approve plan
87 Approving system leakage management plan . . . . . . . . . . . . . . . 67
88 Refusing to approve system leakage management plan . . . . . . . 67
89 Regulator may seek further information . . . . . . . . . . . . . . . . . . . . 68
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Water Supply (Safety and Reliability) Bill 2008
Contents
Subdivision 5 Miscellaneous
90 Changing system leakage management plan . . . . . . . . . . . . . . . 69
91 Complying with approved system leakage management plan . . . 69
Division 3 Drinking water quality management
Subdivision 1 Offences
92 Offence to carry out drinking water service without approved
drinking water quality management plan . . . . . . . . . . . . . . . . . . . 69
93 Offence about compliance with drinking water quality
management plan ............................... 69
Subdivision 2 Drinking water quality management plans
94 Purpose of drinking water quality management plan . . . . . . . . . . 70
95 Preparing drinking water quality management plan . . . . . . . . . . . 70
96 Additional information may be required . . . . . . . . . . . . . . . . . . . . 71
97 Regulator may obtain advice about application . . . . . . . . . . . . . . 71
98 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
99 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
100 Amendment of drinking water quality management
plan--application ............................... 73
101 Amendment of drinking water quality management
plan--requirement of regulator. . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Subdivision 3 Miscellaneous
102 Notice of particular matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
103 Requirement about giving water quality information. . . . . . . . . . . 75
104 Requirement about operation of drinking water service . . . . . . . . 76
Division 4 Audit reports and reviews
105 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
106 Reviewing plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
107 Changing plans following review . . . . . . . . . . . . . . . . . . . . . . . . . 78
108 Providing regular audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
109 Declarations about regular audit report . . . . . . . . . . . . . . . . . . . . 81
110 Spot audits of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
111 Declarations about spot audit report . . . . . . . . . . . . . . . . . . . . . . 84
112 Access for conducting audit reports . . . . . . . . . . . . . . . . . . . . . . . 84
Division 5 Customer service standards
113 Purpose of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
114 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
115 Preparing customer service standards. . . . . . . . . . . . . . . . . . . . . 85
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Water Supply (Safety and Reliability) Bill 2008
Contents
116 Content of customer service standard . . . . . . . . . . . . . . . . . . . . . 86
117 Complying with customer service standard . . . . . . . . . . . . . . . . . 86
118 Customer complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
119 Revising customer service standard . . . . . . . . . . . . . . . . . . . . . . 87
120 Reviewing customer service standard . . . . . . . . . . . . . . . . . . . . . 88
Division 6 Drought management plans
121 Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
122 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
123 Preparing drought management plans . . . . . . . . . . . . . . . . . . . . . 88
124 Certifying drought management plan . . . . . . . . . . . . . . . . . . . . . . 90
125 Submitting drought management plan for registration . . . . . . . . . 91
126 Exemption from preparing drought management plan . . . . . . . . . 91
127 Cancelling or amending exemption from preparing drought
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
128 Registering a drought management plan . . . . . . . . . . . . . . . . . . . 92
129 Changing a drought management plan . . . . . . . . . . . . . . . . . . . . 92
130 Complying with drought management plan . . . . . . . . . . . . . . . . . 93
131 Tabling in Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 7 Outdoor water use conservation plan
132 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
133 Water service provider to have outdoor water use conservation
plan .......................................... 93
134 Approving outdoor water use conservation plan . . . . . . . . . . . . . 94
135 Changing outdoor water use conservation plan . . . . . . . . . . . . . . 95
136 Complying with outdoor water use conservation plan . . . . . . . . . 95
Division 8 Other service provider obligations
Subdivision 1 Residential premises
137 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
138 Guidelines for rate notice or account for supply of water to
residential premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
139 Service provider to give occupier water advice . . . . . . . . . . . . . . 97
Subdivision 2 Premises with more than 1 sole-occupancy unit
140 Service provider to give information about water usage. . . . . . . . 98
Division 9 Annual reports
141 Service provider to report annually . . . . . . . . . . . . . . . . . . . . . . . 99
142 Contents of annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
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Water Supply (Safety and Reliability) Bill 2008
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Division 10 Water for fire fighting
143 Application of div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
144 No charge for water for fire fighting purposes . . . . . . . . . . . . . . . 103
145 Water to be used only for fire fighting purposes . . . . . . . . . . . . . . 103
Division 11 Exemptions for small service providers
146 Small service providers may apply for exemption . . . . . . . . . . . . 104
147 Deciding application for exemption. . . . . . . . . . . . . . . . . . . . . . . . 104
148 Notice of decision on application for exemption . . . . . . . . . . . . . . 105
149 Cancelling or amending an exemption . . . . . . . . . . . . . . . . . . . . . 106
Part 5 Service areas
Division 1 Preliminary
160 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 2 Service areas
161 Declaration of service area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
162 Notice of declaration of service area . . . . . . . . . . . . . . . . . . . . . . 107
163 Map of service area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 3 Access to services in service areas
164 Access to service in service area. . . . . . . . . . . . . . . . . . . . . . . . . 108
165 Recovering cost of giving access to registered service . . . . . . . . 109
166 When service provider not required to supply water in service
area ......................................... 109
Division 4 Connecting to registered services
167 Owner may ask for connection to service provider's
infrastructure ................................. 110
168 Notice requiring connection to registered service . . . . . . . . . . . . 110
Division 5 Restricting domestic water supply
169 Restricting domestic water supply in particular circumstances . . 111
Part 6 Trade waste
180 Trade waste approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
181 Approval may be conditional . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
182 Criteria for suspending or cancelling trade waste approval . . . . . 114
183 Suspending or cancelling trade waste approval . . . . . . . . . . . . . . 114
184 Immediate suspension or cancellation . . . . . . . . . . . . . . . . . . . . . 115
185 Amending trade waste approval . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Part 7 Offences
190 Supplying unauthorised services . . . . . . . . . . . . . . . . . . . . . . . . . 116
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Water Supply (Safety and Reliability) Bill 2008
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191 Connecting to or disconnecting from service provider's
infrastructure without approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
192 Interfering with service provider's infrastructure . . . . . . . . . . . . . . 117
193 Discharging particular materials. . . . . . . . . . . . . . . . . . . . . . . . . . 117
194 Polluting water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
195 Taking water without approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Chapter 3 Recycled water management
Part 1 Particular offences
196 Offence about supplying recycled water. . . . . . . . . . . . . . . . . . . . 119
197 Offences about compliance with exemption or recycled water
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Part 2 Recycled water management planning
200 Purpose of recycled water management plan . . . . . . . . . . . . . . . 120
201 Preparing particular plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
202 Application for approval of recycled water management plan . . . 122
203 Additional information may be required . . . . . . . . . . . . . . . . . . . . 122
204 Regulator may obtain advice about application . . . . . . . . . . . . . . 123
205 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
206 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
207 When regulator must not approve recycled water management
plan .......................................... 125
208 Statutory condition of approved recycled water management
plans ......................................... 125
209 Amending recycled water management plan by agreement . . . . 126
210 Amendment of recycled water management plan for
single-entity recycled water scheme--requirement of regulator. . 127
211 Amendment of recycled water management plan for
multiple-entity recycled water scheme--requirement of regulator 128
212 Amendment of recycled water management plan--application . . 130
213 Suspending or cancelling recycled water management plan if
regulator is satisfied about particular matters. . . . . . . . . . . . . . . . 130
214 Suspending recycled water management plan if production or
supply of recycled water stops . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
215 Application to resume supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Part 3 Notice about permanently stopping supply of recycled
water
230 Notice about permanently stopping supply of recycled water . . . 136
231 Cancelling recycled water management plan on receipt of notice
under s 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
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Water Supply (Safety and Reliability) Bill 2008
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Part 4 Validation programs
235 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
236 Preparing validation program . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
237 Application for approval of validation program . . . . . . . . . . . . . . . 139
238 Additional information may be required . . . . . . . . . . . . . . . . . . . . 139
239 Regulator may obtain advice about application . . . . . . . . . . . . . . 140
240 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
241 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
242 Amendment of validation program . . . . . . . . . . . . . . . . . . . . . . . . 141
Part 5 Exemptions
250 Application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
251 Additional information may be required . . . . . . . . . . . . . . . . . . . . 142
252 Regulator may obtain advice about application . . . . . . . . . . . . . . 142
253 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
254 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
255 Duration of exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
256 Provision about conditions of exemption . . . . . . . . . . . . . . . . . . . 144
257 Cancelling or amending exemption . . . . . . . . . . . . . . . . . . . . . . . 144
Part 6 Reviews and audits of recycled water management plans
258 Reviewing recycled water management plans . . . . . . . . . . . . . . . 145
259 Changing plan after review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
260 Providing internal audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . 147
261 Providing regular audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
262 Spot audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
263 Auditor's responsibility to inform regulator . . . . . . . . . . . . . . . . . . 151
264 Declarations about audit reports . . . . . . . . . . . . . . . . . . . . . . . . . 152
265 Access for conducting audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Part 7 Reporting requirements and annual reports
270 Notice of particular matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
271 Annual reporting requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Part 8 Declaration of critical recycled water schemes
300 Meaning of scheme manager for a recycled water scheme . . . . . 155
301 Making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
302 Regulator may seek advice about scheme manager . . . . . . . . . . 156
303 Notice of regulator's intention to make declaration. . . . . . . . . . . . 157
304 Notice of declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
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305 When declaration has effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
306 Review of declaration on request . . . . . . . . . . . . . . . . . . . . . . . . . 159
307 Requirement to advise regulator about scheme manager . . . . . . 160
Part 9 Dispute resolution process for particular critical recycled
water schemes
315 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
316 Application of pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
317 Dispute resolution process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
Part 10 Miscellaneous
330 Notice to local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
331 Report about compliance with notice . . . . . . . . . . . . . . . . . . . . . . 164
332 Particular requirement about production or supply of recycled
water ......................................... 164
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
Division 1 Preliminary
340 Definition for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
341 What is a referable dam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
342 What is failure impact assessment . . . . . . . . . . . . . . . . . . . . . . . . 166
Division 2 Failure impact assessing dams
343 When dam must be failure impact assessed . . . . . . . . . . . . . . . . 166
344 Process for failure impact assessment. . . . . . . . . . . . . . . . . . . . . 167
345 Requirement for other failure impact assessments . . . . . . . . . . . 168
346 Failure impact ratings for dams . . . . . . . . . . . . . . . . . . . . . . . . . . 168
347 Offences about failure impact assessments. . . . . . . . . . . . . . . . . 169
348 Cost of failure impact assessment . . . . . . . . . . . . . . . . . . . . . . . . 169
349 Decision about failure impact assessment . . . . . . . . . . . . . . . . . . 170
350 Notice accepting failure impact assessment . . . . . . . . . . . . . . . . 170
351 Reviewing failure impact assessment. . . . . . . . . . . . . . . . . . . . . . 170
352 Rejecting failure impact assessment . . . . . . . . . . . . . . . . . . . . . . 171
Division 3 Safety conditions for existing referable dams
353 Applying safety conditions for existing referable dams . . . . . . . . . 172
354 Deciding safety conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
355 Process after deciding safety conditions . . . . . . . . . . . . . . . . . . . 173
356 Changing conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
357 Reassessing dams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
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Division 4 Emergency powers
358 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
359 Direction to owner of emergency part of land. . . . . . . . . . . . . . . . 175
360 Failure to comply with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
361 Notice in relation to land other than leased State land. . . . . . . . . 177
362 Notice in relation to leased State land . . . . . . . . . . . . . . . . . . . . . 178
363 Emergency powers if imminent danger of dam failure . . . . . . . . . 178
Division 5 General matters
364 Liability for loss or damage caused by failure of dam. . . . . . . . . . 179
Part 2 Flood mitigation
370 Owners of particular dams must prepare flood mitigation
manual ...................................... 179
371 Approving flood mitigation manual . . . . . . . . . . . . . . . . . . . . . . . . 179
372 Amending flood mitigation manual . . . . . . . . . . . . . . . . . . . . . . . . 180
373 Regular reviews of flood mitigation manual . . . . . . . . . . . . . . . . . 180
374 Protection from liability for complying with flood mitigation
manual ....................................... 180
Chapter 5 Investigations and enforcement matters
Part 1 Authorised officers
Division 1 Authorised officers' functions and powers generally
400 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
401 Powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Division 2 Appointment of authorised officers
402 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 182
403 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 182
404 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
405 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 183
406 When authorised officer ceases to hold office . . . . . . . . . . . . . . . 184
407 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
408 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
Part 2 Powers of authorised officers
Division 1 Entry of places
409 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
410 Power to enter land to monitor compliance . . . . . . . . . . . . . . . . . 185
411 Power to enter land in relation to information collection . . . . . . . . 185
412 Power to enter places for other purposes. . . . . . . . . . . . . . . . . . . 186
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Division 2 Procedure for entry
413 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
414 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
415 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
416 Application by electronic communication and duplicate warrant . 189
417 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
418 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 192
Division 3 Powers after entry
419 General powers after entering places. . . . . . . . . . . . . . . . . . . . . . 192
420 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 193
421 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Part 3 Power to seize evidence
422 Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
423 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
424 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
425 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
426 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
427 Forfeiture by authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
428 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
429 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
430 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
431 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Part 4 Power to require information
432 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 199
433 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . 200
434 Power to require information or documents . . . . . . . . . . . . . . . . . 201
Part 5 Particular enforcement provisions relating to drinking water
and recycled water
435 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
436 Power about preventing or minimising adverse affects--general . 203
437 Offence to fail to comply with direction . . . . . . . . . . . . . . . . . . . . . 203
438 Particular powers of regulator or authorised officer . . . . . . . . . . . 204
439 How powers may be exercised . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
440 Regulator's powers not affected . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Part 6 Other matters
450 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
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451 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Part 7 Obtaining criminal history reports
460 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
461 Chief executive's power to obtain criminal history report . . . . . . . 207
462 Criminal history is confidential document . . . . . . . . . . . . . . . . . . . 207
Part 8 Show cause and compliance notices
Division 1 Show cause notices
463 General requirements for show cause notices . . . . . . . . . . . . . . . 208
464 Show cause notice must be given . . . . . . . . . . . . . . . . . . . . . . . . 209
Division 2 Compliance notices
465 Who may give compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . 209
466 Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
467 Chief executive or regulator may take action and recover costs . 211
Part 9 Enforcement proceedings
475 Starting proceeding for enforcement order. . . . . . . . . . . . . . . . . . 212
476 Proceeding started in a representative capacity . . . . . . . . . . . . . 213
477 Starting proceeding for enforcement order without notice . . . . . . 214
478 Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . 214
479 Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
480 Effect of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
481 Powers about enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . 216
482 Parties to pay own costs for proceedings . . . . . . . . . . . . . . . . . . . 217
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 1 General offences
483 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . 217
484 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 218
485 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 218
486 Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . 218
487 Executive officers must ensure corporation complies with Act. . . 219
Part 2 Evidentiary matters
488 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
489 Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
490 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
491 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Part 3 Proceedings for offences
492 Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . 221
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493 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 221
494 Limitation on who may summarily hear indictable offence
proceedings ................................... 222
495 Limitation on time for starting proceeding for summary offence. . 223
496 Notice of proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . 223
497 Limitation on who may bring particular proceedings . . . . . . . . . . 223
498 Proceeding brought in a representative capacity . . . . . . . . . . . . . 224
499 Orders Magistrates Court may make in offence proceeding . . . . 224
500 Offence to contravene Magistrates Court order . . . . . . . . . . . . . . 224
Part 4 Miscellaneous provisions
501 Chief executive's and regulator's power to remedy stated
public nuisance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
502 Responsibility for acts or omissions of representatives . . . . . . . . 225
Chapter 7 Reviews, appeals and arbitration
Part 1 Preliminary
510 Who is an interested person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
Part 2 Review of decisions
511 Appeal process starts with review . . . . . . . . . . . . . . . . . . . . . . . . 227
512 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
513 Requirements for making review application . . . . . . . . . . . . . . . . 227
514 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
515 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
516 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 231
Part 3 Appeals
517 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
518 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232
519 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . 233
520 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
521 Assessors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
522 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
523 Appeal costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
Part 4 Arbitration
524 Who may apply for arbitration. . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
525 Acknowledging dispute notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
526 Withdrawing dispute notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
527 Parties to arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
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528 Decision by authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
529 Conduct of arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
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 .................................... 236
531 Effect of administrator operating infrastructure. . . . . . . . . . . . . . . 237
532 Effect of appointment of administrator . . . . . . . . . . . . . . . . . . . . . 238
533 Withdrawing appointment of administrator . . . . . . . . . . . . . . . . . . 239
Division 2 Emergency powers for operating particular infrastructure
534 Regulator or other person may operate infrastructure for
drinking water--regulator's notice . . . . . . . . . . . . . . . . . . . . . . . . 239
535 Regulator or other person may operate infrastructure for
recycled water--regulator's notice . . . . . . . . . . . . . . . . . . . . . . . . 241
536 Effect of operating infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . 243
Division 3 Other matter
537 Corporations legislation displacement provision . . . . . . . . . . . . . 243
Part 2 Relationship with Planning Act
560 Codes for Planning Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
561 Development applications for referable dams. . . . . . . . . . . . . . . . 244
562 When applicant may appeal to Land Court . . . . . . . . . . . . . . . . . 245
Part 3 Other miscellaneous provisions
570 Advisory councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
571 Regulator may make guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . 246
572 Chief executive may make guidelines. . . . . . . . . . . . . . . . . . . . . . 247
573 Water service provider may make guidelines . . . . . . . . . . . . . . . . 247
574 Documents regulator and chief executive must keep available for
inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
575 Documents service provider must keep available for inspection
and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
576 Documents recycled water provider must keep available for
inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
577 Records to be kept in registries . . . . . . . . . . . . . . . . . . . . . . . . . . 249
578 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 250
579 Regulator may share particular information . . . . . . . . . . . . . . . . . 250
580 Non-disclosure of commercially sensitive information . . . . . . . . . 251
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581 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
582 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
583 Fees and charges payable to chief executive and regulator. . . . . 252
584 Non-payment of fees or charges . . . . . . . . . . . . . . . . . . . . . . . . . 253
585 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
586 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
Chapter 9 Transitional and savings provisions
Part 1 Purposes, definitions and general approach
587 Main purposes of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
588 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
589 Authorised actions and documents etc. under previous provision 255
590 Things continued in force under Water Act. . . . . . . . . . . . . . . . . . 256
591 Terminology in things mentioned in s 589(1) . . . . . . . . . . . . . . . . 257
592 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 257
593 Period or date stated in document given under previous
provision ..................................... 257
594 Act or omission happening before commencement may be
relevant to proceeding for particular acts or omissions . . . . . . . . 258
595 Acts Interpretation Act 1954, s 20 not limited. . . . . . . . . . . . . . . . 259
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 . . . . . . . . . . . . . . . . . . . 259
597 Examples for ch 2 of obligations under s 589. . . . . . . . . . . . . . . . 261
598 Examples for ch 2 of protections under s 589 . . . . . . . . . . . . . . . 261
Subdivision 2 Service providers and service provider obligations
599 Existing service providers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
600 Water efficiency management plans . . . . . . . . . . . . . . . . . . . . . . 262
601 Approved strategic asset management plans . . . . . . . . . . . . . . . 263
602 Approved system leakage management plans. . . . . . . . . . . . . . . 263
603 Audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
604 Customer service standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
605 Drought management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
606 Application of provision about guidelines for rate notice or
account for water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
607 Application of provision about water advices . . . . . . . . . . . . . . . . 264
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608 Service areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
609 Existing trade waste approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . 265
Subdivision 3 Referable dams and flood mitigation
610 Examples for ch 4 of things under s 589 . . . . . . . . . . . . . . . . . . . 265
611 Referable dams and failure impact assessment. . . . . . . . . . . . . . 266
612 Hazardous dams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267
613 Approved flood mitigation manuals . . . . . . . . . . . . . . . . . . . . . . . 267
Division 2 Transitional provisions relating to the Water Act, chapter 5
614 Examples for ch 5 of things under s 589 . . . . . . . . . . . . . . . . . . . 267
Division 3 Transitional provisions relating to the Water Act, chapter 6
615 Examples for ch 7 of things under s 589 . . . . . . . . . . . . . . . . . . . 269
Division 4 Transitional provisions relating to the Water Act, chapter 7
616 Examples for ch 6 of things under s 589 . . . . . . . . . . . . . . . . . . . 270
Division 5 Transitional provisions relating to the Water Act, chapter 8
617 Examples for ch 8 of things under s 589 . . . . . . . . . . . . . . . . . . . 271
Division 6 Transitional provisions relating to the Water Act--general
matters
618 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
619 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
620 Existing authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
621 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
622 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
623 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
624 Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
625 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
626 References in Acts and documents . . . . . . . . . . . . . . . . . . . . . . . 274
Part 3 Transitional provisions about outdoor water use
conservation plans
627 Application of provision about outdoor water use conservation
plan .......................................... 275
Part 4 Transitional provisions about drinking water
628 Application of particular provision. . . . . . . . . . . . . . . . . . . . . . . . . 275
629 Notice requiring entity to have approved drinking water quality
management plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277
630 Provision about water quality monitoring and reporting . . . . . . . . 277
Part 5 Transitional provisions about recycled water
631 Application of particular provisions--existing schemes . . . . . . . . 278
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632 Application of particular provisions--schemes supplying
recycled water for particular purposes . . . . . . . . . . . . . . . . . . . . . 279
633 Application of particular provisions--other schemes . . . . . . . . . . 280
634 Notice requiring entity to have approved plan . . . . . . . . . . . . . . . 281
Part 6 Regulation-making power for transitional purposes
635 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 282
Chapter 10 Amendment of other Acts
Part 1 Amendment of Plumbing and Drainage Act 2002
636 Act amended in pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
637 Amendment of s 85 (Process for assessing plans) . . . . . . . . . . . 283
638 Amendment of s 85B (Restrictions on giving compliance permit
for greywater use facility in a sewered area) . . . . . . . . . . . . . . . . 283
639 Amendment of s 86 (General process for assessing regulated
work and on-site sewerage work). . . . . . . . . . . . . . . . . . . . . . . . . 284
640 Amendment of s 86C (Conditions of compliance certificate) . . . . 284
641 Amendment of s 126 (Restriction on building or installing
greywater use facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285
642 Amendment of s 128A (Offence to pollute service provider's
services) ...................................... 285
643 Amendment of s 128G (Owner's obligation to maintain plumbing
and drainage and on-site sewerage facility) . . . . . . . . . . . . . . . . . 285
644 Amendment of s 128PA (Offence about using greywater) . . . . . . 285
645 Amendment of s 143B (Local government's monitoring
obligations for greywater use facilities in sewered areas). . . . . . . 285
646 Insertion of new s 143D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
143D Local government advice to regulator about
greywater treatment plant. . . . . . . . . . . . . . . . . . . . . . 286
647 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 286
Part 2 Amendment of Public Health Act 2005
648 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
649 Amendment of s 10 (Definitions for ch 2) . . . . . . . . . . . . . . . . . . . 287
650 Amendment of s 11 (Meaning of public health risk) . . . . . . . . . . . 288
651 Amendment of s 18 (Regulation to prescribe who is to
administer this Act for particular public health risks) . . . . . . . . . . 288
652 Insertion of new ch 2, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Part 5A Provisions about drinking water and recycled
water
Division 1 Improvement notices
57A Improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 289
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57B Record of compliance with improvement notice . . . . . 291
Division 2 Offences about supply of drinking water or
recycled water
Subdivision 1 Preliminary
57C When drinking water is unsafe . . . . . . . . . . . . . . . . . . 291
57D When recycled water is fit for use. . . . . . . . . . . . . . . . 291
Subdivision 2 Offences
57E Supply of unsafe drinking water . . . . . . . . . . . . . . . . . 292
57F Supply of recycled water that is not fit for use . . . . . . 292
Division 3 Information requests
57G Power to require information. . . . . . . . . . . . . . . . . . . . 292
57H Failure to give information . . . . . . . . . . . . . . . . . . . . . 294
653 Amendment of s 59 (Lead must not be used in water collection). 294
654 Insertion of new s 388A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
388A Power to enter places to check compliance with
improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 294
655 Amendment of s 392 (Entry of place under s 386, 387 or 389) . . 295
656 Amendment of s 399 (General powers after entering places) . . . 295
657 Amendment of s 401 (Failure to answer questions) . . . . . . . . . . . 295
658 Amendment of s 461 (Regulation-making power) . . . . . . . . . . . . 295
659 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 296
Part 3 Amendment of South East Queensland Water
(Restructuring) Act 2007
660 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
661 Amendment of s 67 (Transfer notice) . . . . . . . . . . . . . . . . . . . . . . 297
662 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
79A Coordinator-General is constructing authority for
particular land to be taken under the Acquisition of
Land Act ........................... 298
663 Amendment of s 80 (Matters relating to the Integrated Planning
Act 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
664 Insertion of new ss 80A-80C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
80A Reconfiguring a lot after transfer notice takes effect . 302
80B Terminating trust land and granting freehold interest
under the Land Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 303
80C Granting lease under the Land Act. . . . . . . . . . . . . . . 304
665 Amendment of s 89 (Entry to, and use of, water entity's land
after transfer of asset attached to the land) . . . . . . . . . . . . . . . . . 305
Page 18
Water Supply (Safety and Reliability) Bill 2008
Contents
Part 4 Amendment of Water Act 2000
666 Act amended in pt 4 and sch 2. . . . . . . . . . . . . . . . . . . . . . . . . . . 306
667 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
668 Amendment of s 25C (Contents of water supply emergency
declaration) .................................... 306
669 Insertion of new s 25CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
25CA Amendment of water supply emergency declaration . 307
670 Amendment of s 25F (Regulation about water supply
emergency) ................................... 307
671 Insertion of new s 25FA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
25FA Amendment of water supply emergency regulation . . 307
672 Amendment of s 25J (When water supply emergency ends) . . . . 308
673 Amendment of s 25O (Recovery of costs incurred) . . . . . . . . . . . 309
674 Amendment of s 25ZA (Application for approval to restrict use
of subartesian water) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
675 Amendment of s 46 (Content of draft water resource plans) . . . . 310
676 Amendment of s 113 (Minor or stated amendments of licence) . . 310
677 Amendment of s 128A (Amalgamation or subdivision of water
allocations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310
678 Amendment of s 128B (Transfer of water allocations) . . . . . . . . . 311
679 Amendment of s 150 (Interests and dealings that may be
registered) .................................... 311
680 Amendment of s 184 (Amending interim resource operations
licences on notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
681 Amendment of s 185A (Amending interim resource operations
licences) ..................................... 312
682 Amendment of s 189 (Granting interim water allocations) . . . . . . 312
683 Amendment of s 190 (Contents of interim water allocation). . . . . 313
684 Amendment of s 192 (Dealing with an interim water allocation) . 313
685 Amendment of s 193 (Who certain interim water allocations
may be transferred to) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
686 Amendment of s 194 (Deciding application to transfer by
interim resource operations licence holder) . . . . . . . . . . . . . . . . . 314
687 Amendment of s 196 (Forfeiting an interim water allocation) . . . . 314
688 Amendment of s 197 (Surrendering an interim water allocation) . 314
689 Amendment of s 200 (Arrangements for seasonal water
assignments) .................................. 314
690 Insertion of new ch 2, pt 5, div 3, sdiv 6 . . . . . . . . . . . . . . . . . . . . 315
Page 19
Water Supply (Safety and Reliability) Bill 2008
Contents
Subdivision 6 Interim water allocations for Julius Dam water
supply scheme
201 Granting interim water allocations . . . . . . . . . . . . . . . 315
691 Amendment of s 209 (Applications that may be decided without
public notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
692 Amendment of s 212 (Granting a water licence under a plan or
declaration process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
693 Insertion of new s 212A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
212A Applying for transmission water licence . . . . . . . . . . . 316
694 Amendment of s 213 (Contents of water licence) . . . . . . . . . . . . 317
695 Amendment of s 217 (Amending water licence to implement
water resource plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
696 Amendment of s 221 (Reinstating expired water licence) . . . . . . 317
697 Amendment of s 340 (Main purpose of ch 2A and its
achievement) .................................. 318
698 Amendment of s 360J (Content of options) . . . . . . . . . . . . . . . . . 318
699 Amendment of s 360N (Effect of program for Integrated
Planning Act 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
700 Amendment of s 360O (Application of pt 4) . . . . . . . . . . . . . . . . . 319
701 Amendment of s 360P (Status of works for State Development
and Public Works Organisation Act 1971) . . . . . . . . . . . . . . . . . . 319
702 Amendment of s 360Q (Designation of preferred entity for works) 319
703 Amendment of s 360T (Information may be required from
water service providers) .......................... 320
704 Amendment of s 360V (Commission to make system operating
plan for region) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
705 Amendment of s 360W (Content of plan) . . . . . . . . . . . . . . . . . . . 320
706 Amendment of s 360X (Consultation for plan) . . . . . . . . . . . . . . . 321
707 Amendment of s 360Y (Publication and taking effect of plan) . . . 321
708 Amendment of s 360Z (Amendment of plan) . . . . . . . . . . . . . . . . 321
709 Amendment of s 360ZA (Water service providers must comply
with system operating plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
710 Amendment of s 360ZB (Publication requirements). . . . . . . . . . . 322
711 Amendment of s 360ZC (Derivative use immunity for
compliance with publication requirement) . . . . . . . . . . . . . . . . . . 323
712 Insertion of new ch 2A, pt 5, div 2, sdiv 4. . . . . . . . . . . . . . . . . . . 323
Subdivision 4 Spot audit reports
360ZCAA Spot audit by commission . . . . . . . . . . . . . . . . . . . . . 323
360ZCAB Requirement to comply with plan and provision for
cost of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
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Water Supply (Safety and Reliability) Bill 2008
Contents
360ZCAC Access for conducting audit reports . . . . . . . . . . . . . . 325
713 Insertion of new ch 2A, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
Part 5A The market
Division 1 Preliminary
360ZCL What is the market . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
360ZCM Operation of market . . . . . . . . . . . . . . . . . . . . . . . . . . 326
Division 2 Declaration of water services
Subdivision 1 Recommendation by commission for water
service declaration
360ZCN Requests about water service declarations . . . . . . . . 326
360ZCO Making recommendation . . . . . . . . . . . . . . . . . . . . . . 327
360ZCP Recommendation without request . . . . . . . . . . . . . . . 328
360ZCQ Factors affecting making of recommendation. . . . . . . 328
Subdivision 2 Declaration by Minister
360ZCR Making water service declaration . . . . . . . . . . . . . . . . 329
360ZCS Factors affecting making of water service declaration 329
360ZCT Content of water service declaration . . . . . . . . . . . . . 329
360ZCU When water service declaration takes effect . . . . . . . 330
Subdivision 3 Register
360ZCV Register of water service declarations . . . . . . . . . . . . 330
360ZCW Declarations register to be available for public
inspection ............................ 331
Division 3 South East Queensland Water Market Rules
Subdivision 1 Making market rules
360ZCX Market rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
360ZCY Content of market rules . . . . . . . . . . . . . . . . . . . . . . . 331
360ZCZ When market rules take effect . . . . . . . . . . . . . . . . . . 332
360ZDA Tabling of market rules . . . . . . . . . . . . . . . . . . . . . . . . 333
360ZDB Public notification of market rules. . . . . . . . . . . . . . . . 333
360ZDC Review of market rules . . . . . . . . . . . . . . . . . . . . . . . . 333
Subdivision 2 Grid contract documents and registered grid
participants
360ZDD Grid contract document . . . . . . . . . . . . . . . . . . . . . . . 334
360ZDE Effect of grid contract document. . . . . . . . . . . . . . . . . 335
Subdivision 3 Registered grid participants
360ZDF Registration process provided in market rules . . . . . . 335
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Water Supply (Safety and Reliability) Bill 2008
Contents
360ZDG Relationship between water grid manager and
registered grid participants. . . . . . . . . . . . . . . . . . . . . 335
360ZDH Transfer of registration . . . . . . . . . . . . . . . . . . . . . . . . 336
Subdivision 4 Liability of registered grid participants and
water grid manager
360ZDI Limited liability of grid participants . . . . . . . . . . . . . . . 336
Subdivision 5 Offences relating to market rules
360ZDJ Compliance with market rules . . . . . . . . . . . . . . . . . . 339
Division 4 Transfer of particular authorities
360ZDK Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
360ZDL Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
360ZDM The transfer scheme. . . . . . . . . . . . . . . . . . . . . . . . . . 340
360ZDN Transfer notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
360ZDO Process after transfer notice. . . . . . . . . . . . . . . . . . . . 343
360ZDP Continuing authorities. . . . . . . . . . . . . . . . . . . . . . . . . 344
360ZDQ References in supply agreements to particular
transferring entities . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
714 Omission of ch 3 (Infrastructure and service). . . . . . . . . . . . . . . . 345
715 Amendment of s 696 (Procedure before authority is dissolved to
convert to an alternative institutional structure) . . . . . . . . . . . . . . 345
716 Amendment of s 701 (Definitions for div 3) . . . . . . . . . . . . . . . . . 346
717 Insertion of new s 701A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
701A Notification for conversion to 2 or more alternative
institutional structures. . . . . . . . . . . . . . . . . . . . . . . . . 346
718 Amendment of s 702 (Vesting of assets, rights and liabilities) . . . 347
719 Amendment of s 703 (Continuing legal proceedings) . . . . . . . . . 347
720 Amendment of s 704 (Existing employees) . . . . . . . . . . . . . . . . . 347
721 Amendment of s 705 (State undertakes non-transferable civil
liability) ....................................... 348
722 Amendment of s 758 (Power to require name and address) . . . . 348
723 Omission of ch 5, pt 3, div 2 (Offences for chapter 3) . . . . . . . . . 349
724 Amendment of ch 6, hdg (Reviews, appeals and arbitration) . . . . 349
725 Amendment of s 851 (Who is an interested person) . . . . . . . . . . 349
726 Amendment of s 862 (Who may apply for internal review) . . . . . . 350
727 Amendment of s 864 (Review decision) . . . . . . . . . . . . . . . . . . . . 350
728 Amendment of s 865 (Stay of operation of original decision) . . . . 351
729 Amendment of s 877 (Who may appeal) . . . . . . . . . . . . . . . . . . . 351
730 Omission of ch 6, pt 4 (Arbitration) . . . . . . . . . . . . . . . . . . . . . . . . 352
Page 22
Water Supply (Safety and Reliability) Bill 2008
Contents
731 Amendment of s 920 (Appointments and authority) . . . . . . . . . . . 352
732 Amendment of s 932 (Proceedings for offences) . . . . . . . . . . . . . 352
733 Amendment of s 955 (Governor in Council may appoint
administrator to operate infrastructure) . . . . . . . . . . . . . . . . . . . . 353
734 Omission of ss 957 and 958. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
735 Amendment of s 966 (Additional criteria for assessing
development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
736 Amendment of s 967 (IPA approval for development is subject
to approval under this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 354
737 Omission of s 971 (Development applications for referable
dams) ........................................ 354
738 Insertion of new ch 8, pts 3A and 3B . . . . . . . . . . . . . . . . . . . . . . 355
Part 3A Authority held by Mount Isa Mines Limited
992A Authority held by Mount Isa Mines Limited under
special agreement Act . . . . . . . . . . . . . . . . . . . . . . . . 355
Part 3B SEQ Water
992B Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
992C Requirement for supply contract. . . . . . . . . . . . . . . . . 356
992D Chief executive may approve standard supply
contract ............................. 357
992E Customer of a service provider . . . . . . . . . . . . . . . . . 357
992F Cost of installing and maintaining meters. . . . . . . . . . 357
739 Amendment of s 1006 (Declarations about watercourses). . . . . . 358
740 Amendment of s 1007 (Records to be kept in registries) . . . . . . . 358
741 Amendment of s 1009 (Public inspection and purchase of
documents) .................................... 358
742 Amendment of s 1010A (Non-disclosure of commercially
sensitive information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
743 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 359
744 Amendment of s 1046 (Declared subartesian areas). . . . . . . . . . 359
745 Insertion of new ch 9, pt 5, div 11. . . . . . . . . . . . . . . . . . . . . . . . . 360
Division 11 Transitional provisions for Water Supply
(Safety and Reliability) Act 2008
1161 Declared water services . . . . . . . . . . . . . . . . . . . . . . . 360
1162 Grid customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
1163 Changing source of water supplied under supply
contact .............................. 361
1164 Existing water supply agreements end. . . . . . . . . . . . 362
Page 23
Water Supply (Safety and Reliability) Bill 2008
Contents
1165 References to particular entities in relevant water
resource plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
1166 Codes for assessment under the Integrated
Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
1167 Amendment of water resource plans . . . . . . . . . . . . . 364
746 Omission of sch 1 (Prohibited substances) . . . . . . . . . . . . . . . . . 364
747 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 364
Part 5 Amendment of Water and Other Legislation Amendment
Act 2007
748 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
749 Omission of s 92 (Insertion of new ch 3, pt 3, div 2B) . . . . . . . . . 371
750 Amendment of s 103 (Insertion of new ch 9, pt 5, div 9) . . . . . . . 371
Chapter 11 Consequential and minor amendments
751 Laws amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
Schedule 1 Prohibited substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
Schedule 2 Consequential and minor amendments . . . . . . . . . . . . . . . . . 374
Body Corporate and Community Management Act 1997. . . . . . . 374
Building Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374
Geothermal Exploration Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . 374
Integrated Planning Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
Land Court Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 377
Land Title Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . 378
South East Queensland Water (Restructuring) Act 2007 . . . . . . . 380
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 382
Water Resource (Fitzroy Basin) Plan 1999 . . . . . . . . . . . . . . . . . 387
Water Resource (Gold Coast) Plan 2006 . . . . . . . . . . . . . . . . . . . 387
Water Resource (Logan Basin) Plan 2007 . . . . . . . . . . . . . . . . . . 389
Water Resource (Mary Basin) Plan 2006 . . . . . . . . . . . . . . . . . . . 390
Water Resource (Moreton) Plan 2007 . . . . . . . . . . . . . . . . . . . . . 390
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
Page 24
2008
A Bill
for
An Act to provide for the safety and reliability of water supply
and to amend other Acts for particular water related purposes
Water Supply (Safety and Reliability) Bill 2008
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Water Supply (Safety and 4
Reliability) Act 2008. 5
Editor's note-- 6
Some section numbers have been deliberately left blank at the end of 7
some parts because of the size and complexity of this Act. If this Act is 8
amended in the future, this will assist in adding sections. 9
2 Commencement 10
(1) Sections 677 to 679 commence on 1 August 2008. 11
(2) The remaining provisions of this Act, other than the following 12
provisions, commence on a day to be fixed by proclamation-- 13
· chapter 10, part 3, other than section 663 14
· sections 666, 674 to 676, 680 to 682, 684 to 692, 695, 15
696, 715 to 721, 735(1) to (3) and 736 16
· section 738, to the extent it inserts part 3A 17
· sections 739, 743 and 744 18
· section 745, to the extent it inserts division 11 heading 19
and sections 1166 and 1167 20
· section 747(3) 21
· chapter 11 22
· schedule 2, amendment of the Water Resource (Fitzroy 23
Basin) Plan 1999. 24
Page 26
Water Supply (Safety and Reliability) Bill 2008
Chapter 1 Preliminary
[s 3]
3 Purpose of Act and its achievement 1
(1) The purpose of this Act is to provide for the safety and 2
reliability of water supply. 3
(2) The purpose is achieved primarily by-- 4
(a) providing for-- 5
(i) a regulatory framework for providing water and 6
sewerage services in the State, including functions 7
and powers of service providers; and 8
(ii) a regulatory framework for providing recycled 9
water and drinking water quality, primarily for 10
protecting public health; and 11
(iii) the regulation of referable dams; and 12
(iv) flood mitigation responsibilities; and 13
(b) protecting the interests of customers of service 14
providers. 15
4 Definitions 16
The dictionary in schedule 3 defines particular words used in 17
this Act. 18
5 Act binds all persons 19
(1) This Act binds all persons, including the State, and, in so far 20
as the legislative power of the State permits, the 21
Commonwealth and the other States. 22
(2) Subsection (1) does not apply to-- 23
(a) the operation of the State Development and Public 24
Works Organisation Act 1971; or 25
(b) the powers of the coordinator-general under the State 26
Development and Public Works Organisation Act 1971. 27
Page 27
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 1 Preliminary
[s 6]
Chapter 2 Infrastructure and service 1
Part 1 Preliminary 2
6 Application of ch 2 to local governments 3
Nothing in this chapter affects the powers of a local 4
government or an authorised person under the Local 5
Government Act. 6
7 Sections 7-9 not used 7
See editor's note for section 1. 8
Part 2 The regulator 9
10 Who is the regulator 10
The regulator is the chief executive. 11
11 Regulator's general functions 12
(1) The regulator's general functions are-- 13
(a) to keep a register of service providers registered under 14
this Act; and 15
(b) to review and make recommendations about standards 16
and practices under this Act; and 17
(c) to monitor compliance with this Act; and 18
(d) to perform other functions given to the regulator under 19
this Act or another Act. 20
Page 28
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 2 The regulator
[s 12]
(2) In performing the regulator's functions, the regulator must 1
consider the purposes of this Act. 2
(3) In this section-- 3
function includes power. 4
12 Register of service providers 5
(1) The regulator must keep a register of service providers. 6
(2) The register may be kept in the form, including electronic 7
form, the regulator considers appropriate. 8
(3) The register must contain the following for each person 9
registered by the regulator as a service provider-- 10
(a) the service provider's name and contact details; 11
(b) the service provider's nominated contact officer; 12
(c) details of the infrastructure operated by the service 13
provider; 14
(d) if the service provider is not the operator of 15
infrastructure used for the relevant water or sewerage 16
service--the operator's name and contact details; 17
(e) the nature of the services offered by the service 18
provider; 19
(f) any other particulars the regulator considers necessary. 20
(4) The regulator must, as soon as practicable after 1 January in 21
each year, publish in the gazette a list of the service providers 22
registered as at 1 January in that year. 23
13 Requirement for service provider to give information 24
(1) The regulator may, by notice, require a service provider to 25
give the regulator, within a stated reasonable period, 26
information the regulator reasonably requires to perform the 27
regulator's functions. 28
Page 29
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 2 The regulator
[s 14]
(2) When making the requirement, the regulator must warn the 1
service provider it is an offence to fail to comply with the 2
requirement unless the service provider has a reasonable 3
excuse. 4
(3) The service provider must comply with the requirement 5
unless the service provider has a reasonable excuse. 6
Maximum penalty--200 penalty units. 7
(4) If the service provider is an individual, it is a reasonable 8
excuse for failing to comply with the requirement that giving 9
the information might tend to incriminate the service 10
provider. 11
(5) In this section-- 12
service provider includes any recycled water provider. 13
14 Annual reports 14
(1) The regulator may prepare annual reports under this part 15
about the regulator's activities. 16
(2) The reports may include information the regulator obtains 17
under part 4, division 9 or section 13 or 271. 18
Editor's note-- 19
part 4 (Service provider obligations), division 9 (Annual reports) or 20
section 13 (Requirement for service provider to give information) or 21
271(Annual reporting requirement) 22
15 Delegation by regulator 23
(1) The regulator may delegate the regulator's functions under 24
this Act to an appropriately qualified officer of the 25
department. 26
(2) A regulation may state a particular function of the regulator-- 27
(a) may not be delegated; or 28
(b) may be delegated only to a particular person. 29
Page 30
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 3 Service providers
[s 20]
(3) In this section-- 1
function includes power. 2
16 Sections 16-19 not used 3
See editor's note for section 1. 4
Part 3 Service providers 5
Division 1 Registration of service providers 6
20 Who must apply for registration as a service provider 7
(1) The following persons must, before starting to operate as the 8
supplier of a water service, apply for registration as a service 9
provider-- 10
(a) a local government that owns infrastructure for 11
supplying water or sewerage services; 12
(b) a water authority that owns infrastructure for supplying 13
water or sewerage services; 14
(c) each person who is-- 15
(i) the owner of 1 or more elements of infrastructure 16
for supplying water or sewerage services for which 17
a charge is intended to be made; or 18
(ii) if a person is nominated in a regulation as a related 19
entity of a person mentioned in subparagraph 20
(i)--the person nominated. 21
(2) However, subsection (1) does not apply to a person who owns 22
infrastructure that produces and supplies recycled water 23
unless the person also owns other infrastructure for supplying 24
a water or sewerage service. 25
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21 Applying for registration as a service provider 1
(1) An application for registration as a service provider must be-- 2
(a) made to the regulator in the approved form; and 3
(b) supported by sufficient information to enable the 4
regulator to decide the application; and 5
(c) accompanied by the fee prescribed under a regulation. 6
(2) The regulator may require-- 7
(a) the applicant to give additional information about the 8
application; or 9
(b) the information included in the application, or the 10
additional information required under paragraph (a), to 11
be verified by statutory declaration. 12
22 Registration as a service provider 13
(1) If the regulator is satisfied the applicant has complied with 14
section 21, the regulator must-- 15
(a) register the applicant in the service provider register as a 16
service provider for the service shown in the 17
application; and 18
(b) give the applicant notice of the registration. 19
(2) The registration takes effect the day the regulator registers the 20
applicant in the register as a service provider. 21
23 Applying to amend service provider's details of 22
registration 23
(1) A service provider may apply to change the service provider's 24
details of registration in the service provider register by, for 25
example-- 26
(a) including a service or adding infrastructure for which 27
the service provider is not currently registered; or 28
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(b) removing a service or infrastructure for which the 1
service provider is currently registered. 2
(2) The application must be made to the regulator in the approved 3
form. 4
(3) On receiving the application the regulator must-- 5
(a) record the changes in the register; and 6
(b) give the service provider a copy of the service provider's 7
details, including the amendments, as registered in the 8
register. 9
24 Notice of transfer of infrastructure 10
(1) This section applies if a service provider (the transferor) 11
intends to transfer ownership of the service provider's 12
infrastructure for a registered service to another person (the 13
transferee). 14
(2) The transferor must give the regulator notice of the proposed 15
transfer. 16
(3) The notice must be-- 17
(a) in the approved form; and 18
(b) accompanied by the fee prescribed under a regulation. 19
(4) The regulator may require-- 20
(a) the transferor or transferee to give additional 21
information about the notice; or 22
(b) the information included in the notice, or the additional 23
information required under paragraph (a), to be verified 24
by statutory declaration. 25
25 Registering transferee as a service provider 26
(1) If the regulator is satisfied the transferor has complied with 27
section 24, the regulator must-- 28
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(a) cancel the transferor's registration as a service provider 1
for the infrastructure and services shown in the notice of 2
the proposed transfer; and 3
(b) register the transferee in the service provider register as 4
a service provider for the infrastructure and services; 5
and 6
(c) give the transferor notice of the cancellation under 7
paragraph (a); and 8
(d) give the transferee notice of the registration under 9
paragraph (b). 10
(2) The registration-- 11
(a) must not be on a day earlier than the day the regulator 12
received the notice of the proposed transfer; but 13
(b) may, if the transferor and transferee give their written 14
agreement, be on a later day. 15
(3) On registration-- 16
(a) the transferor stops being the service provider for the 17
infrastructure and services; and 18
(b) the transferee becomes the service provider for the 19
infrastructure and services. 20
(4) Subsection (5) applies if-- 21
(a) the ownership of infrastructure is transferred under this 22
section; and 23
(b) the regulator has given the transferor a compliance 24
notice before registration takes effect under subsection 25
(2); and 26
(c) the transferor has not complied with the notice. 27
(5) The transferee is taken to have been the service provider given 28
the notice. 29
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26 Notice of intention to stop operating as a service provider 1
(1) This section applies if-- 2
(a) a service provider is likely to stop supplying a registered 3
service; and 4
(b) there is no other entity willing to take over the operation 5
of all or part of the service provider's infrastructure for 6
the service. 7
(2) The service provider must give the regulator at least 60 8
business days notice of the possible stoppage unless the 9
service provider has a reasonable excuse for not giving the 10
notice. 11
Note-- 12
See section 530(1)(a) (Governor in Council may appoint administrator 13
to operate infrastructure). 14
Maximum penalty--1000 penalty units. 15
(3) The notice must-- 16
(a) be in the approved form; and 17
(b) state the day by which the service provider intends to 18
stop supplying the service. 19
(4) The regulator may require-- 20
(a) the service provider to give additional information about 21
the notice; or 22
(b) any information included in the notice, or any additional 23
information required under paragraph (a), to be verified 24
by statutory declaration. 25
(5) If the service provider fails, without reasonable excuse, to 26
comply with the requirement within the reasonable period 27
stated in the requirement, the notice given under subsection 28
(2) is of no effect. 29
(6) If the service provider continues supplying the service after 30
the day stated in the notice-- 31
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(a) the notice ceases to have effect as a notice for subsection 1
(2); and 2
(b) if the service provider is again likely to stop supplying 3
the service--the service provider must give a further 4
notice under subsection (2). 5
(7) If the service provider stops supplying the service, the service 6
provider must give the regulator notice within 5 business days 7
after stopping supply. 8
(8) The notice must-- 9
(a) be in the approved form; and 10
(b) state the day on which the provider stopped supplying 11
the service. 12
27 Cancellation of registration 13
If the regulator receives a notice under section 26(7), the 14
regulator must-- 15
(a) cancel the service provider's registration as a service 16
provider for the infrastructure and services shown in the 17
notice; and 18
(b) give the service provider notice of the cancellation 19
under paragraph (a). 20
28 Applying for cancellation of registration as service 21
provider 22
(1) A service provider may apply to the regulator to have the 23
provider's registration cancelled if the provider has not 24
supplied, and does not intend to start supplying, the service 25
for which the provider is registered. 26
(2) The application must be-- 27
(a) made in the approved form; and 28
(b) supported by sufficient information to enable the 29
regulator to decide the application. 30
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(3) The regulator may require-- 1
(a) the applicant to give additional information about the 2
application; or 3
(b) the information included in the application, or the 4
additional information required under paragraph (a), to 5
be verified by statutory declaration. 6
(4) If the regulator is satisfied the applicant has complied with 7
subsections (1), (2) and (3), the regulator must-- 8
(a) cancel the service provider's registration as a service 9
provider for the infrastructure and services shown in the 10
application; and 11
(b) give the service provider notice of the cancellation 12
under paragraph (a). 13
29 Registration as a service provider is not a right to water 14
entitlement or resource operations licence 15
To remove any doubt, it is declared that registration as a 16
service provider does not, of itself, entitle a service provider 17
to a water entitlement or a resource operations licence. 18
30 Reviewing and changing service provider registration 19
details 20
(1) Within 30 business days after 30 June each year, each service 21
provider must review the service provider's registration 22
details. 23
(2) If the details have changed since the last review, the service 24
provider must give the regulator notice of the change in the 25
approved form. 26
(3) On receiving the notice, the regulator must-- 27
(a) record the changes in the service provider register; and 28
(b) give the service provider a copy of the service provider's 29
details, including the changes, as registered in the 30
service provider register. 31
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Division 2 General powers of service providers 1
and authorised persons 2
31 Definition for div 2 3
In this division-- 4
place does not include a part of a place used for residential 5
purposes. 6
32 Application of div 2 7
This division applies only to the services for which a service 8
provider is registered. 9
33 Power to disconnect unauthorised connections 10
(1) This section applies if a person makes an unauthorised 11
connection to the service provider's infrastructure. 12
(2) The service provider may give the person a notice asking the 13
person to state, within the reasonable period stated in the 14
notice, why the service provider should not disconnect the 15
connection. 16
(3) The period stated in the notice must not be less than 48 hours 17
after the notice is given. 18
(4) If the service provider is not satisfied, within the period stated 19
in the notice, that the connection should not be 20
disconnected-- 21
(a) an authorised person of the service provider may enter 22
the place where the connection is and disconnect the 23
connection; and 24
(b) the service provider may recover from the person as a 25
debt-- 26
(i) the cost of the disconnection; and 27
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(ii) the value of any service used by the person through 1
the connection. 2
(5) However, if the connection is causing damage to the service 3
provider's infrastructure-- 4
(a) an authorised person may, without notice, enter the 5
place where the connection is and disconnect the 6
connection; and 7
(b) the service provider may recover from the person as a 8
debt-- 9
(i) the cost of the disconnection; and 10
(ii) the value of any service used by the person through 11
the connection. 12
(6) If an authorised person enters a place under subsection (5), the 13
authorised person must give the person who appears to the 14
authorised person to be the owner of, or in control of, the 15
place, a notice advising the purpose of the entry. 16
(7) If there is no person at the place at the time of the entry under 17
subsection (5), the authorised person must leave the notice at 18
the place in a conspicuous position and in a reasonably secure 19
way. 20
34 Power to direct remedial work 21
(1) This section applies to the owner of-- 22
(a) defective or improper equipment connected to, or 23
adversely affecting, a service provider's infrastructure; 24
or 25
(b) land on which there is situated vegetation or any other 26
thing adversely affecting the service provider's 27
infrastructure or ability to provide the services for which 28
the service provider is registered. 29
(2) The service provider may give the owner a notice to do work, 30
within the reasonable period stated in the notice, to-- 31
(a) rectify the equipment; or 32
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(b) remove the vegetation or other thing. 1
(3) If the owner does not do the work within the period stated in 2
the notice-- 3
(a) an authorised person may, under section 36, enter the 4
place where the work is required and do the work; and 5
(b) the service provider may recover from the owner as a 6
debt the cost of the work. 7
35 Power to install meters 8
(1) A service provider may install, or approve the installation of, 9
a meter in a position, decided by the service provider, on 10
infrastructure supplying water to premises. 11
(2) The meter is the property of the service provider even if it is 12
installed inside the boundary of the premises. 13
36 Power to enter places for restricted purposes 14
(1) An authorised person may enter a place to inspect, operate, 15
change, maintain, remove, repair or replace a service 16
provider's infrastructure, or install, under section 169, a 17
device to reduce the water supply to premises, at the place. 18
(2) However, the authorised person may enter the place at any 19
reasonable time only if-- 20
(a) the occupier consents to the entry; or 21
(b) the service provider has given the occupier at least 14 22
days notice of the entry and the purpose of the entry; or 23
(c) the service provider needs to take urgent action to 24
protect its infrastructure at the place. 25
(3) After entering the place, the authorised person may carry out 26
the activity that is the purpose of the entry. 27
(4) If an authorised person enters a place under subsection (2)(c), 28
the authorised person must give the person who appears to the 29
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authorised person to be the owner of, or in control of, the 1
place, a notice advising the purpose of the entry. 2
(5) If there is no person at the place at the time of the entry under 3
subsection (2)(b), the authorised person must leave the notice 4
at the place in a conspicuous position and in a reasonably 5
secure way. 6
(6) This section does not limit section 37. 7
37 Power to enter place to read, check, maintain or replace 8
meter 9
(1) An authorised person may enter a place at any reasonable 10
time-- 11
(a) to read a meter; or 12
(b) to check the accuracy of a meter; or 13
(c) to maintain or replace a meter. 14
(2) In this section-- 15
meter, in relation to a place, means a device, including 16
equipment related to the device, for measuring the volume of 17
water supplied to the place and installed on infrastructure that 18
supplies retail water services at the place. 19
38 Notice of damage 20
(1) This section applies if-- 21
(a) an authorised officer damages property when exercising 22
or purporting to exercise a power under this division; or 23
(b) a person (the other person) acting under the direction or 24
authority of an authorised officer damages property. 25
(2) The authorised officer must immediately give notice of 26
particulars of the damage to a person who appears to the 27
authorised officer to be an owner of the property. 28
(3) If the authorised officer believes the damage was caused by a 29
latent defect in the property or circumstances beyond the 30
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authorised officer's or other person's control, the authorised 1
officer may state the belief in the notice. 2
(4) If, for any reason, it is impracticable to comply with 3
subsection (2), the authorised officer must leave the notice 4
where the damage happened in a conspicuous position and in 5
a reasonably secure way. 6
(5) This section does not apply to damage the authorised officer 7
reasonably believes is trivial. 8
(6) In this section-- 9
owner, of property, includes a person in possession or control 10
of it. 11
39 Compensation 12
(1) If a person incurs loss or expense because of the exercise or 13
purported exercise of a power under this division, the person 14
may claim compensation from the service provider. 15
(2) Without limiting subsection (1), compensation may also be 16
claimed for loss or expense incurred in complying with a 17
requirement made of the person under this division. 18
(3) Compensation may be claimed and ordered to be paid in a 19
proceeding brought in a court with jurisdiction for the 20
recovery of the amount of compensation claimed. 21
(4) A court may order compensation to be paid only if it is 22
satisfied it is just to make the order in the circumstances of the 23
particular case. 24
(5) For this section, loss or expense does not include loss or 25
expense caused by the act of-- 26
(a) removing an unauthorised connection; or 27
(b) rectifying defective or improper equipment; or 28
(c) removing vegetation or any other thing. 29
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40 Recovery of costs 1
(1) This section applies if-- 2
(a) a person damages a service provider's infrastructure; or 3
(b) a service provider suffers loss because a person-- 4
(i) makes an unauthorised connection to the service 5
provider's infrastructure; or 6
(ii) discharges material, if it is not material the service 7
provider has authorised to be discharged, into the 8
service provider's infrastructure; or 9
(iii) interferes with the service provider's 10
infrastructure; or 11
(iv) pollutes the water in the service provider's 12
infrastructure. 13
(2) The service provider may recover from the person as a debt 14
the amount of the loss or the reasonable cost of repairing the 15
damage. 16
Division 3 Power to restrict water supply 17
41 Restricting water supply 18
(1) If a water service provider considers it necessary, the water 19
service provider may restrict-- 20
(a) the volume of water taken by or supplied to a customer 21
or type of customer; or 22
(b) the hours when water may be used on premises for 23
stated purposes; or 24
(c) the way water may be used on premises. 25
(2) The water service provider may impose a restriction under 26
subsection (1) (a service provider water restriction) only if-- 27
(a) there is an urgent need for it because of climatic 28
conditions or water conservation needs; or 29
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(b) the available water supply has fallen to a level at which 1
unrestricted use of the water is not in the public interest; 2
or 3
(c) the service provider has a reasonable and 4
comprehensive strategy for demand management for 5
water and the restriction is essential to ensure the aims 6
of the strategy are met; or 7
(d) the service provider has an outdoor water use 8
conservation plan and the restriction is a measure to be 9
implemented under the plan; or 10
(e) the Minister has published a notice under the Water Act, 11
section 22, or a regulation has been made under the 12
Water Act, section 23, and the restriction is for the 13
purposes of the notice or regulation; or 14
Editor's note-- 15
· Water Act, section 22 (Limiting or prohibiting taking, or 16
interfering with, water during emergencies) 17
· Water Act, section 23 (Regulation may limit taking or 18
interfering with water for 1 year) 19
(f) the water service provider is directed, under a water 20
supply emergency declaration, a water supply 21
emergency regulation or an approved water supply 22
emergency response, to impose the restriction; or 23
(g) the water service provider is directed by the regulator, 24
under section 42(2), to impose the restriction. 25
(3) A water service provider may apply a restriction imposed 26
under subsection (1) to water taken from a rainwater tank 27
connected to the service provider's reticulated supply. 28
(4) However, a restriction imposed under subsection (1) must be 29
consistent with conditions contained in the service provider's 30
resource operations licence, interim resource operations 31
licence, water licence or water allocation, relating to the 32
supply of the water. 33
(5) A restriction may provide an exemption from all or part of the 34
restriction. 35
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(6) In this section, the power to restrict includes the power to 1
prohibit. 2
42 Regulator may direct restriction 3
(1) This section applies if the regulator considers-- 4
(a) there is a significant threat to sustainable and secure 5
water supply in an area outside the SEQ region or a 6
designated region; and 7
(b) it is necessary or desirable to impose a restriction under 8
section 41 on the area. 9
(2) The regulator may, after consultation with the water service 10
provider, direct the water service provider to-- 11
(a) impose a restriction, under section 41, in the area within 12
a stated period; and 13
(b) provide a written response to the regulator, within a 14
stated period, stating the steps the water service provider 15
intends to take to ensure the restriction is complied with. 16
(3) A service provider to whom a direction is given under 17
subsection (2) must comply with the direction. 18
Maximum penalty--200 penalty units. 19
(4) If the regulator is satisfied the response is adequate to ensure 20
compliance with the restriction, the regulator must-- 21
(a) approve the response; and 22
(b) give the service provider notice of the approval. 23
(5) If the regulator is not satisfied the response is adequate to 24
ensure compliance with the restriction, the regulator must-- 25
(a) change the response to make it adequate; and 26
(b) approve the changed response; and 27
(c) give the service provider notice of the approval. 28
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(6) A service provider must comply with the approved response 1
by taking the steps stated in the response for ensuring the 2
restriction is complied with. 3
Maximum penalty for subsection (6)--200 penalty units. 4
43 Notice of service provider water restriction must be given 5
(1) A water service provider must give notice of a service 6
provider water restriction imposed by the service provider to 7
anyone affected by it in the way the service provider considers 8
appropriate having regard to the circumstances in which the 9
restriction is imposed. 10
(2) The service provider water restriction does not have effect 11
until the beginning of the day after the notice is given. 12
(3) A person must not contravene a service provider water 13
restriction. 14
Maximum penalty-- 15
(a) for a non-residential customer--1665 penalty units; or 16
(b) for any other person--200 penalty units. 17
(4) Subsections (5) and (6) apply if a water service provider, 18
directed under a water supply emergency declaration, a water 19
supply emergency regulation or an approved water supply 20
emergency response to impose service provider water 21
restrictions, does not comply with the direction. 22
(5) The Minister may give notice of the service provider water 23
restrictions, required under the declaration, regulation or 24
response to be imposed, to anyone affected by the restrictions 25
in the way the Minister considers appropriate. 26
(6) Notice given by the Minister under subsection (5)-- 27
(a) imposes the service provider water restrictions stated in 28
the notice; and 29
(b) is taken to be notice given by the service provider under 30
subsection (1). 31
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(7) Evidence of compliance with a relevant part of a service 1
provider water restriction includes-- 2
(a) an authorised person is satisfied the premises meets the 3
requirements for the restriction; or 4
(b) the person produces a certificate from a licensed 5
plumber certifying that the premises meets the 6
requirements for the restriction; or 7
(c) the person produces a statutory declaration declaring the 8
premises meets the requirements for the restriction. 9
44 Temporary interruptions to water supply 10
(1) A water service provider may shut off the water supply to 11
premises for the time reasonably necessary for the service 12
provider to perform work on the service provider's 13
infrastructure, including a property service. 14
(2) However, the service provider must give anyone likely to be 15
affected by the shutting off of the water supply at least 48 16
hours notice of its intention to shut off the water supply, 17
advising the reasons for shutting it off, and for how long it 18
will be shut off. 19
(3) Subsection (2) does not stop the service provider shutting off 20
its water supply, without notice, if there is-- 21
(a) a serious risk to public health; or 22
(b) a likelihood of serious injury to persons or damage to 23
property; or 24
(c) another emergency. 25
(4) If the service provider acts under subsection (3), the service 26
provider must give anyone likely to be affected by the 27
action-- 28
(a) notice of the action; and 29
(b) the reasons for the action; and 30
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(c) if the action is continuing when the notice is 1
given--notice about how long the action will continue. 2
Division 4 Authorised persons 3
45 Appointing authorised persons 4
A service provider may appoint a person to be an authorised 5
person of the service provider if-- 6
(a) the service provider is satisfied the person has the 7
necessary expertise or experience to be an authorised 8
person; or 9
(b) the person has satisfactorily finished training approved 10
by the service provider. 11
46 Authorised person's identity cards 12
(1) The service provider must give an identity card to each 13
authorised person. 14
(2) The identity card must-- 15
(a) contain a recent photograph of the person; and 16
(b) be signed by the person; and 17
(c) identify the person as an authorised person of the 18
service provider; and 19
(d) include an expiry date. 20
47 Failure to return identity card 21
A person who ceases to be an authorised person must give the 22
person's identity card to the service provider within 15 23
business days after the person ceases to be an authorised 24
person unless the person has a reasonable excuse. 25
Maximum penalty--50 penalty units. 26
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48 Producing and displaying identity card 1
(1) An authorised person may exercise a power under division 2 2
in relation to someone else (the other person) only if the 3
authorised person-- 4
(a) first produces the authorised person's identity card for 5
the other person's inspection; or 6
(b) has the identity card displayed so it is clearly visible to 7
the other person. 8
(2) However, if for any reason it is not practicable to comply with 9
subsection (1) before exercising the power, the authorised 10
person must produce the identity card for the other person's 11
inspection at the first reasonable opportunity. 12
Division 5 Liability of service providers 13
49 Liability of service providers for negligence 14
(1) A service provider, owner of land, operator of water 15
infrastructure, lessee of a service provider or operator (each 16
an affected party) is not liable for an event or circumstance 17
beyond the control of the affected party. 18
(2) Subsection (1)-- 19
(a) applies only if, in relation to the event or circumstance, 20
the affected party acted reasonably and without 21
negligence; and 22
(b) does not affect, or in any way limit, the liability of an 23
affected party for negligence. 24
(3) In this section-- 25
an event or circumstance means an event or circumstance 26
arising out of activities of the affected party under this Act, 27
including, for example-- 28
(a) the escape of water from water infrastructure or works; 29
and 30
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(b) flooding upstream or downstream of water 1
infrastructure or works; and 2
(c) contamination, or the quality, of water, including 3
manufactured water flowing, or released from, relevant 4
water infrastructure or works. 5
manufactured water means water, including desalinated or 6
recycled water or any substance resulting from the production 7
of desalinated or recycled water, from any source. 8
relevant water infrastructure includes-- 9
(a) infrastructure the subject of-- 10
(i) a water supply emergency declaration or water 11
supply emergency regulation; or 12
(ii) works to be undertaken, including works included 13
in a program of works approved by the Governor in 14
Council, under the State Development and Public 15
Works Organisation Act 1971; and 16
(b) a prescribed project under the State Development and 17
Public Works Organisation Act 1971; and 18
(c) infrastructure the Minister declares in a gazette notice to 19
be water infrastructure for the purposes of this section. 20
Division 6 Water efficiency management plans 21
50 Purpose of div 6 22
The purpose of this division is to promote water savings by 23
non-residential customers. 24
51 Application of div 6 25
(1) This division applies only for a non-residential customer-- 26
(a) outside the SEQ region or a designated region (the 27
region); and 28
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(b) who does not hold a water entitlement. 1
(2) However, if this division would not apply to a non-residential 2
customer because of subsection (1), but the customer takes 3
water from a water service provider in the region under 4
another arrangement, this division applies for the other 5
arrangement. 6
(3) Also-- 7
(a) if a customer to whom this division applies is also a 8
customer to whom the Water Act, chapter 2A, part 5, 9
division 3 applies, the customer is taken to be a 10
customer under that division only; and 11
Editor's note-- 12
Water Act, chapter 2A (Water supply and demand management), 13
part 5 (Implementation of and compliance with regional water 14
security programs), division 3 (Water efficiency management 15
plans) 16
(b) if a customer to whom this division applies is a customer 17
of more than 1 water service provider in the region, the 18
water service provider who provides the customer with 19
the most water is the water service provider for the 20
customer for this division. 21
52 When water efficiency management plan may be required 22
(1) The chief executive may, by written direction, require a water 23
service provider to give a customer, or type of customer, a 24
written notice-- 25
(a) to prepare a plan (a water efficiency management 26
plan); and 27
(b) to give it to the water service provider within the 28
reasonable period stated by the chief executive. 29
(2) The water service provider must comply with the direction. 30
Maximum penalty--500 penalty units. 31
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(3) A water service provider may, without direction, give a 1
customer, or type of customer, a written notice, approved by 2
the chief executive-- 3
(a) to prepare a plan (also a water efficiency management 4
plan); and 5
(b) to give it to the water service provider within the 6
reasonable period stated by the water service provider. 7
(4) The customer must comply with a notice given by the water 8
service provider under subsection (1) or (3). 9
Maximum penalty--500 penalty units. 10
(5) A plan prepared as a water efficiency management plan under 11
a requirement of a service provider water restriction is also a 12
water efficiency management plan for this section. 13
(6) This division applies to the preparation and approval of a plan 14
mentioned in subsection (1), (3) or (5). 15
53 Content of water efficiency management plan 16
(1) A water efficiency management plan prepared under section 17
52(1) must comply with any guidelines made by the chief 18
executive for preparing the plan. 19
(2) A water efficiency management plan prepared under section 20
52(3) must comply with-- 21
(a) any guidelines made by the chief executive for preparing 22
the plan; or 23
(b) if the chief executive has not made any guidelines--any 24
guidelines made by the water service provider for 25
preparing the plan. 26
(3) A water efficiency management plan must also state the 27
following-- 28
(a) the name of the customer and the location where the 29
plan applies; 30
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(b) an outline of the customer's current water use at the 1
location and the source of the water used; 2
(c) the water savings and efficiencies that will be achieved 3
by implementing the plan; 4
(d) the time frames for implementing the plan. 5
54 Approving water efficiency management plan 6
(1) For deciding whether or not to approve a water efficiency 7
management plan, the water service provider may require the 8
customer to give additional information about the plan within 9
the reasonable period stated by the water service provider. 10
(2) The water service provider must approve, with or without 11
conditions, or refuse to approve the plan-- 12
(a) if additional information is not required--within 60 13
business days after receiving the plan; or 14
(b) if additional information is required--within 60 15
business days of when the information is received or 16
should have been given, whichever is earlier. 17
(3) Within 10 business days after making a decision under 18
subsection (2), the water service provider must give the 19
customer an information notice. 20
(4) If the water service provider does not approve the plan, the 21
customer must-- 22
(a) amend the plan to address the reasons for the decision; 23
and 24
(b) within 20 business days after receiving a notice under 25
subsection (3) or the extended period under subsection 26
(5), give the water service provider the revised plan. 27
Maximum penalty--200 penalty units. 28
(5) The water service provider may extend the period of 20 29
business days mentioned in subsection (4). 30
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(6) This division applies for a revised plan, with any necessary 1
changes to give effect to the division. 2
(7) Chapter 7 applies for the information notice-- 3
(a) as if it were a notice given by a local government; and 4
(b) as if a reference to a local government were a reference 5
to the water service provider; and 6
(c) with any necessary changes to give effect to paragraphs 7
(a) and (b). 8
Editor's note-- 9
chapter 7 (Reviews, appeals and arbitration) 10
(8) The water service provider may recover from the customer as 11
a debt an application fee for the approval of the customer's 12
water efficiency management plan that is not more than the 13
cost to the water service provider of approving the plan. 14
55 Complying with water efficiency management plan 15
A customer must comply with the customer's approved water 16
efficiency management plan. 17
Maximum penalty--1665 penalty units. 18
56 Reporting under water efficiency management plan 19
(1) A customer to whom an approved water efficiency 20
management plan applies must give the water service provider 21
a written report each year advising-- 22
(a) the extent to which the plan has been implemented; and 23
(b) the water savings and efficiencies achieved by 24
implementing the plan; and 25
(c) any change of circumstances in relation to the matters 26
mentioned in section 57(1)(a). 27
Maximum penalty--100 penalty units. 28
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(2) The report must be given within 10 business days after the 1
anniversary day for the plan. 2
(3) The chief executive may at any time ask a water service 3
provider to give the chief executive-- 4
(a) a copy of an approved water efficiency management 5
plan; or 6
(b) information about a plan that has not yet been approved; 7
or 8
(c) a report summarising progress by the water service 9
provider's customers in achieving water savings and 10
efficiencies. 11
(4) The water service provider must comply with the request 12
within 20 business days. 13
Maximum penalty for subsection (4)--100 penalty units. 14
57 Amending or replacing water efficiency management 15
plan by chief executive direction 16
(1) This section applies if the chief executive is satisfied that there 17
is or there is likely to be-- 18
(a) a severe water supply shortage; or 19
(b) an increase in the severity of a water supply shortage. 20
(2) The chief executive may, by written direction, require a water 21
service provider to give a customer, or type of customer, a 22
written notice requiring the customer to-- 23
(a) amend an approved water efficiency management plan 24
and give it to the water service provider within the 25
reasonable period stated by the chief executive; or 26
(b) prepare a new water efficiency management plan and 27
give it to the water service provider within the 28
reasonable period stated by the chief executive. 29
(3) The water service provider must comply with the direction. 30
Maximum penalty--500 penalty units. 31
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(4) The customer must comply with a notice given under 1
subsection (2). 2
Maximum penalty--500 penalty units. 3
(5) This division, other than section 52, applies for preparing the 4
amended or new plan, with any necessary changes to give 5
effect to the division. 6
58 Amending or replacing water efficiency management 7
plan by water service provider direction 8
(1) This section applies if a water service provider is satisfied 9
that-- 10
(a) for a customer, or a type of customer, production output 11
or water consumption has increased significantly; or 12
(b) the cost effectiveness of implementing an approved 13
water efficiency management plan is likely to have 14
changed significantly; or 15
(c) there is or there is likely to be a severe water supply 16
shortage. 17
(2) The water service provider must give the customer a written 18
notice requiring the customer to-- 19
(a) amend the plan and give it to the water service provider 20
within the reasonable period stated by the water service 21
provider; or 22
(b) prepare a new water efficiency management plan and 23
give it to the water service provider within the 24
reasonable period stated by the water service provider. 25
(3) The customer must comply with the notice. 26
Maximum penalty--500 penalty units. 27
(4) This division, other than section 52, applies for preparing the 28
amended or new plan, with any necessary changes to give 29
effect to the division. 30
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59 Amending or replacing water efficiency management 1
plan by request 2
(1) A customer may request an amendment of an approved water 3
efficiency management plan or that a new water efficiency 4
management plan be prepared. 5
(2) If the water service provider approves the request the 6
customer must-- 7
(a) amend the plan and give it to the water service provider 8
within the reasonable period stated by the water service 9
provider; or 10
(b) prepare a new water efficiency management plan and 11
give it to the water service provider within the 12
reasonable period stated by the water service provider. 13
(3) This division, other than section 52, applies for preparing the 14
amended or new plan, with any necessary changes to give 15
effect to the division. 16
60 Notice to comply with water efficiency management plan 17
(1) This section applies if a water service provider is satisfied or 18
reasonably believes a customer to whom an approved water 19
efficiency management plan applies has not complied with the 20
plan. 21
(2) The water service provider may give the customer a notice 22
requiring the customer to comply with the plan within the 23
reasonable period stated in the notice. 24
61 Reviewing water efficiency management plans 25
(1) A water service provider must ensure a customer to whom an 26
approved water efficiency management plan applies reviews 27
the plan when the water service provider considers it 28
appropriate. 29
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(2) The customer must give the water service provider a copy of 1
the review report within the reasonable period stated by the 2
water service provider. 3
(3) A review must occur at least every 5 years. 4
Division 7 Miscellaneous 5
62 No charge for water in rainwater tank 6
A service provider must not make a charge for water that-- 7
(a) has been collected from a roof; and 8
(b) is in, or taken from, a rainwater tank. 9
63 Sections 63-69 not used 10
See editor's note for section 1. 11
Part 4 Service provider obligations 12
Division 1 Strategic asset management plans 13
70 Requirement for strategic asset management plan 14
Each service provider must have an approved strategic asset 15
management plan for ensuring continuity of supply of each of 16
the service provider's registered services. 17
71 Preparing strategic asset management plan 18
(1) A service provider must prepare a strategic asset management 19
plan for approval by the regulator. 20
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(2) The plan must state the following matters-- 1
(a) the registered services to which the plan applies; 2
(b) the infrastructure for providing the services; 3
(c) standards for appropriate levels of service, including 4
customer service, and performance indicators for the 5
service; 6
(d) an operation, maintenance and renewals strategy that 7
demonstrates how each standard will be achieved. 8
(3) The plan must also-- 9
(a) identify the methodology used by the service provider 10
for developing the standards, including, for example, 11
cost considerations in deciding appropriate levels of 12
service; and 13
(b) state the service provider's proposed arrangements for 14
financing the implementation of the plan; and 15
(c) have regard to best practice industry standards for the 16
registered services; and 17
(d) demonstrate how the service provider will comply with 18
any system operating plan applying to the service 19
provider; and 20
(e) be prepared in accordance with the guidelines, if any, 21
made by the regulator for preparing the plan. 22
72 Certifying strategic asset management plan 23
(1) The strategic asset management plan must be certified by a 24
registered professional engineer as being appropriate for the 25
service provider's infrastructure and registered services. 26
(2) The certification must include the engineer's name and 27
registration details. 28
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73 Submitting strategic asset management plan for approval 1
The service provider must, within 1 year after the day the 2
service provider is registered, give a copy of the strategic asset 3
management plan to the regulator for approval. 4
Maximum penalty--500 penalty units. 5
74 Approving strategic asset management plan 6
(1) The regulator must, within 3 months after receiving the 7
strategic asset management plan, approve the plan and give 8
the service provider notice of the approval unless the regulator 9
is satisfied-- 10
(a) the plan was not certified by a registered professional 11
engineer; or 12
(b) the plan is inadequate in a material particular. 13
(2) The notice must also tell the service provider-- 14
(a) the intervals at which regular reviews of the approved 15
plan must be conducted; and 16
(b) if the regulator requires regular audits of the approved 17
plan under section 108--the intervals at which the 18
audits must be conducted. 19
(3) An interval mentioned in subsection (2)(a) must not be less 20
than 1 year. 21
(4) An interval mentioned in subsection (2)(b) must not be less 22
than 2 years. 23
(5) The regulator may obtain advice from an advisory council 24
before approving the plan. 25
75 Refusing to approve strategic asset management plan 26
(1) If the regulator is satisfied the plan has not been certified by a 27
registered professional engineer, the regulator must-- 28
(a) return the plan to the service provider; and 29
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(b) give the service provider a notice stating that the plan 1
must be-- 2
(i) certified by a registered professional engineer; and 3
(ii) returned to the regulator within the reasonable 4
period stated in the notice. 5
(2) If the regulator is satisfied the plan is inadequate in a material 6
particular, the regulator must return the plan to the service 7
provider and give the service provider an information notice. 8
(3) For deciding if a plan is inadequate in a material particular, 9
the regulator must take account of cost considerations for the 10
service provider and its customers in addressing the material 11
particular. 12
(4) The information notice must also state how the plan is 13
inadequate in a material particular and that-- 14
(a) the plan must be revised and returned to the regulator 15
within the reasonable period stated in the notice; or 16
(b) a new plan must be prepared, certified and given to the 17
regulator within the reasonable period stated in the 18
notice. 19
(5) The service provider must comply with the requirements 20
given to the provider under subsection (4) and give the 21
regulator a copy of the revised plan or new plan for approval 22
under section 74. 23
Maximum penalty for subsection (5)--500 penalty units. 24
76 Changing strategic asset management plan 25
(1) The service provider may, with the regulator's agreement, 26
change the strategic asset management plan after it is 27
approved. 28
(2) If the service provider has an approved recycled water 29
management plan, the regulator may, by notice given to the 30
provider, require the provider to change the strategic asset 31
management plan in the way, and within the reasonable 32
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period, stated in the notice to reflect the recycled water 1
management plan. 2
(3) The service provider must comply with a requirement under 3
subsection (2). 4
Maximum penalty--500 penalty units. 5
(4) The plan, as changed in the way agreed or required by the 6
regulator, is taken to be approved by the regulator. 7
77 Complying with approved strategic asset management 8
plan 9
The service provider must comply with the approved strategic 10
asset management plan when supplying the services to the 11
service provider's customers. 12
Maximum penalty--1665 penalty units. 13
Division 2 System leakage management plans 14
Subdivision 1 Preliminary 15
78 Application of div 2 16
This division applies to a water service provider other than a 17
water service provider who supplies only drainage services. 18
Subdivision 2 Preparing and submitting plan 19
79 Requirement for system leakage management plan 20
Each water service provider must have an approved system 21
leakage management plan directed at minimising water losses 22
from leakage from the water service provider's distribution 23
system. 24
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80 Preparing system leakage management plan 1
(1) A water service provider must prepare a system leakage 2
management plan for approval by the regulator. 3
(2) The plan must be prepared in accordance with any guidelines 4
made by the regulator for preparing the plan and state-- 5
(a) the registered services to which the plan applies; and 6
(b) the infrastructure for providing the services; and 7
(c) details of system leakage and how it was worked out; 8
and 9
(d) details of measures to reduce the leakage; and 10
(e) details of a cost-benefit analysis, for the distribution 11
system, in relation to implementing the measures; and 12
(f) the water service provider's plan for implementing, 13
including proposed timing for implementing, the 14
measures that are cost-effective to implement; and 15
(g) the amount of money the water service provider intends 16
to spend, and when the money is to be spent, to 17
implement the plan. 18
(3) The plan may be part of a document prepared for another 19
purpose if the part fulfils the requirements of subsection (3). 20
81 Certifying system leakage management plan 21
(1) The system leakage management plan must be certified by a 22
registered professional engineer as being appropriate for the 23
water service provider's infrastructure and registered services. 24
(2) The certification must include the engineer's name and 25
registration details. 26
82 Submitting system leakage management plan for 27
approval 28
The water service provider must, within 2 years after the day 29
the service provider is registered, give a copy of the system 30
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leakage management plan, prepared for the purposes of 1
section 80 and certified for the purposes of section 81, to the 2
regulator for approval. 3
Maximum penalty--200 penalty units. 4
Subdivision 3 Exemption from preparing plan 5
83 Application for exemption 6
(1) A water service provider may apply to the regulator for an 7
exemption from complying with subdivision 2. 8
(2) The application must be-- 9
(a) in the approved form; and 10
(b) supported by sufficient information to enable the 11
regulator to decide the application. 12
(3) For approval under section 84(1)(b)(iv), (v), (vi) or (vii), the 13
application must include details of the current water leakage 14
from the distribution system. 15
(4) Also, for approval under section 84(1)(b)(vii), the application 16
must include details of-- 17
(a) available measures to reduce the current water leakage; 18
and 19
(b) an analysis of whether the cost of implementing the 20
measures would outweigh the benefits to be gained. 21
(5) The application must be certified as being accurate for the 22
water service provider's infrastructure and registered 23
services-- 24
(a) for approval under section 84(1)(b)(i), (ii), (iii), (v) or 25
(vi)--by the chief executive officer, however named, of 26
the water service provider; or 27
(b) for approval under section 84(1)(b)(iv) or (vii)--by a 28
registered professional engineer. 29
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(6) A certification under subsection (5)(b) must include the 1
engineer's name and registration details. 2
84 Deciding the application 3
(1) The regulator must grant the application if-- 4
(a) the application complies with section 83; and 5
(b) the regulator is satisfied-- 6
(i) the water service provider's distribution system is 7
considered relatively new under guidelines made 8
by the regulator; or 9
(ii) the water service distributes underground water 10
from the Great Artesian Basin primarily for stock 11
and domestic purposes; or 12
(iii) the water service provider's distribution system is 13
designed to operate as a groundwater recharge 14
system; or 15
(iv) current water leakage from the distribution system 16
is considered low under the guidelines; or 17
(v) current water leakage from the distribution system 18
is considered high under the guidelines but the 19
water service provider does not have the financial 20
capacity to undertake a cost-benefit analysis for the 21
distribution system; or 22
(vi) current water leakage from the distribution system 23
is considered high under the guidelines but the cost 24
of undertaking a cost-benefit analysis for the 25
distribution system is more than the cost of the 26
water that could be recovered; or 27
(vii) a cost-benefit analysis for the distribution system 28
shows that it is not cost-effective to implement any 29
measures to reduce leakage. 30
(2) Otherwise, the regulator must refuse to grant the application. 31
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(3) Within 10 business days after deciding the application, the 1
regulator must give the water service provider an information 2
notice about the decision. 3
85 Conditions of exemption 4
(1) An exemption applies only for the period for which it is 5
granted. 6
(2) An exemption granted under section 84(1)(b)(iv), (v), (vi) or 7
(vii) is subject to the following conditions-- 8
(a) the water service provider must have in place a leakage 9
control system of a standard approved under guidelines 10
made by the regulator; 11
(b) the water service provider must, for each 2 year period 12
the exemption is in force, give the regulator a report on 13
the leakage levels. 14
(3) The exemption applies only if the conditions are complied 15
with. 16
86 Cancelling or amending an exemption 17
(1) If the circumstances under which an exemption was given 18
change, the water service provider must immediately give the 19
regulator notice of the change. 20
(2) The regulator may amend or cancel an exemption-- 21
(a) after receiving notice under subsection (1); or 22
(b) if the regulator otherwise becomes aware of a change in 23
the circumstances under which an exemption was given. 24
(3) If the regulator amends or cancels an exemption, the regulator 25
must give the water service provider an information notice 26
about the decision to amend or cancel. 27
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Subdivision 4 Approving or refusing to approve 1
plan 2
87 Approving system leakage management plan 3
(1) The regulator must, within 3 months after receiving, under 4
section 82, a system leakage management plan for approval, 5
approve the plan, and give the water service provider notice of 6
the approval, if the regulator is satisfied-- 7
(a) the plan was certified by a registered professional 8
engineer; and 9
(b) the plan is adequate in all material particulars. 10
(2) A notice given under subsection (1) must tell the water service 11
provider-- 12
(a) the intervals, of not less than 1 year, at which regular 13
reviews of the approved plan must be conducted; and 14
(b) if the regulator requires regular audits of the approved 15
plan under section 108--the intervals, of not less than 2 16
years, at which the audits must be conducted. 17
88 Refusing to approve system leakage management plan 18
(1) If the regulator is not satisfied that the system leakage 19
management plan has been certified by a registered 20
professional engineer, the regulator must-- 21
(a) return the plan to the water service provider; and 22
(b) give the water service provider a notice stating that the 23
plan must be-- 24
(i) certified by a registered professional engineer; and 25
(ii) returned to the regulator within the reasonable 26
period stated in the notice. 27
(2) The water service provider must comply with the notice. 28
Maximum penalty--200 penalty units. 29
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(3) If the regulator is not satisfied that the plan is adequate in all 1
material particulars, the regulator must return the plan to the 2
water service provider and give the service provider an 3
information notice about the decision not to approve the plan. 4
(4) For deciding if a plan is inadequate in a material particular, 5
the regulator must, in considering any material particular, take 6
account of cost considerations for the water service provider 7
and its customers. 8
(5) The information notice must also state how the plan is 9
inadequate in any material particular and include a 10
requirement that-- 11
(a) the plan be revised to make it adequate and returned to 12
the regulator within the reasonable period stated in the 13
notice; or 14
(b) a new plan that is adequate be prepared, certified and 15
given to the regulator within the reasonable period 16
stated in the notice. 17
(6) The water service provider must comply with a requirement 18
included in the information notice under subsection (5). 19
Maximum penalty for subsection (6)--200 penalty units. 20
89 Regulator may seek further information 21
(1) If the regulator is not satisfied about a matter mentioned in 22
section 87(1) in relation to a plan received, the regulator may 23
require the water service provider to provide further 24
information about the matter. 25
(2) If the water service provider does not provide the information 26
within the reasonable period stated in the request, the 27
regulator-- 28
(a) must refuse to approve the plan; and 29
(b) must give an information notice under section 88(3) 30
stating that the plan is inadequate on the basis that the 31
information has not been given. 32
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Subdivision 5 Miscellaneous 1
90 Changing system leakage management plan 2
(1) A water service provider may, with the regulator's agreement, 3
change a system leakage management plan after it is 4
approved. 5
(2) The plan, as changed in the way agreed by the regulator, is 6
taken to be approved by the regulator. 7
91 Complying with approved system leakage management 8
plan 9
A water service provider must comply with the provider's 10
approved system leakage management plan when supplying 11
water services to the service provider's customers. 12
Maximum penalty--200 penalty units. 13
Division 3 Drinking water quality management 14
Subdivision 1 Offences 15
92 Offence to carry out drinking water service without 16
approved drinking water quality management plan 17
A drinking water service provider must not carry out a 18
drinking water service unless there is an approved drinking 19
water quality management plan for the drinking water service. 20
Maximum penalty--1665 penalty units. 21
93 Offence about compliance with drinking water quality 22
management plan 23
A drinking water service provider who has an approved 24
drinking water quality management plan must comply with-- 25
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(a) the plan; and 1
(b) the conditions of the plan. 2
Maximum penalty--1665 penalty units. 3
Subdivision 2 Drinking water quality management 4
plans 5
94 Purpose of drinking water quality management plan 6
The purpose of a drinking water quality management plan is 7
to protect public health. 8
95 Preparing drinking water quality management plan 9
(1) Each drinking water service provider must prepare a drinking 10
water quality management plan for the provider's drinking 11
water service and apply to the regulator for approval of the 12
plan. 13
(2) The application must-- 14
(a) be in the approved form; and 15
(b) be accompanied by-- 16
(i) a copy of the drinking water quality management 17
plan; and 18
(ii) the fee prescribed under a regulation. 19
(3) The drinking water quality management plan-- 20
(a) must be prepared in accordance with the guidelines, if 21
any, made by the regulator about preparing the plan; and 22
(b) must-- 23
(i) state the registered services to which the plan 24
applies; and 25
(ii) include details of the infrastructure for providing 26
the services; and 27
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(iii) identify the hazards and hazardous events the 1
drinking water service provider considers may 2
affect the quality of water to which the services 3
relate; and 4
(iv) include an assessment of the risks posed by the 5
hazards and hazardous events; and 6
(v) demonstrate how the drinking water service 7
provider intends to manage the risks posed by the 8
hazards and hazardous events; and 9
(vi) include details of the operational and verification 10
monitoring programs under the plan, including the 11
parameters to be used for indicating compliance 12
with the plan to the extent the plan requires the 13
provider to maintain water quality in accordance 14
with the water quality criteria for drinking water. 15
96 Additional information may be required 16
(1) The regulator may, by notice given to the drinking water 17
service provider, require the provider to give additional 18
information about the drinking water quality management 19
plan, including, for example, information about arrangements 20
relating to the supply of water to or from the provider's 21
drinking water service. 22
(2) If the drinking water service provider fails, without reasonable 23
excuse, to comply with the requirement within the reasonable 24
period stated in the notice, the application is taken to have 25
been withdrawn. 26
(3) A requirement under this section is an information 27
requirement. 28
97 Regulator may obtain advice about application 29
The regulator may obtain advice from an advisory council or 30
any other entity the regulator considers appropriate before 31
deciding the application. 32
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[s 98]
98 Consideration of application 1
(1) The regulator must consider each application and decide to 2
approve, with or without conditions, or refuse to approve, the 3
drinking water quality management plan-- 4
(a) if an information requirement is not made in relation to 5
the plan--within 3 months after receiving the plan; or 6
(b) if an information requirement is made in relation to the 7
plan--within 3 months after the requirement has been 8
complied with. 9
(2) In considering an application, the regulator must have regard 10
to the following-- 11
(a) the drinking water quality management plan and any 12
additional information about the plan given to the 13
regulator under section 96; 14
(b) the guidelines, if any, made by the regulator about 15
preparing the plan; 16
(c) any advice obtained by the regulator under section 97; 17
(d) the water quality criteria for drinking water. 18
99 Notice of decision 19
(1) Within 10 business days after deciding the application, the 20
regulator must give the drinking water service provider-- 21
(a) if the decision is to approve the drinking water quality 22
management plan without conditions--notice of the 23
decision; or 24
(b) if the decision is to approve the plan with conditions, or 25
refuse to approve the plan--an information notice for 26
the decision. 27
(2) If the regulator approves the drinking water quality 28
management plan, the notice of the decision or information 29
notice for the decision must state all of the following-- 30
(a) the conditions, if any, of the approval; 31
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(b) the intervals at which regular reviews of the approved 1
plan must be conducted; 2
(c) if the regulator requires regular audits of the approved 3
plan--the intervals at which the audits must be 4
conducted. 5
(3) An interval mentioned in subsection (2)(b) must not be less 6
than 1 year. 7
(4) An interval mentioned in subsection (2)(c) must not be less 8
than 2 years. 9
100 Amendment of drinking water quality management 10
plan--application 11
(1) This section applies if a drinking water service provider 12
proposes to amend the provider's approved drinking water 13
quality management plan. 14
(2) The drinking water service provider must apply to the 15
regulator for approval of the proposed amended drinking 16
water quality management plan. 17
(3) Sections 95(2) and (3) and 96 to 99 apply to the application-- 18
(a) as if a reference in the sections to the drinking water 19
quality management plan were a reference to the 20
amended drinking water quality management plan; and 21
(b) as if a reference in the sections to the plan were a 22
reference to the amended plan. 23
101 Amendment of drinking water quality management 24
plan--requirement of regulator 25
(1) The regulator may, under this section, require a drinking water 26
service provider to amend the provider's drinking water 27
quality management plan if the regulator is satisfied the 28
amendment is required to protect public health. 29
(2) Before requiring the drinking water service provider to amend 30
the drinking water quality management plan, the regulator 31
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must give the provider a show cause notice about the proposed 1
amendment. 2
(3) If, after considering all properly made submissions about the 3
proposed amendment, the regulator decides the proposed 4
amendment should be made, the regulator must-- 5
(a) give the drinking water service provider a notice 6
requiring the provider-- 7
(i) to amend the drinking water quality management 8
plan in the way stated in the notice; and 9
(ii) to give the regulator a copy of the amended plan, 10
within the reasonable period of at least 30 business 11
days stated in the notice, for approval; and 12
(b) give the drinking water service provider an information 13
notice for the decision. 14
(4) The drinking water service provider must comply with the 15
notice mentioned in subsection (3)(a). 16
Maximum penalty--1665 penalty units. 17
(5) If the regulator is satisfied the drinking water quality 18
management plan has been amended in the way stated in the 19
notice mentioned in subsection (3)(a)-- 20
(a) the plan as amended is taken to be the approved plan; 21
and 22
(b) the regulator must give the drinking water service 23
provider notice that the plan as amended is taken to be 24
the approved plan. 25
(6) The amended drinking water quality management plan takes 26
effect from the day the notice mentioned in subsection (5)(b) 27
is given to the drinking water service provider. 28
(7) If, after considering all properly made submissions about the 29
proposed amendment, the regulator decides the proposed 30
amendment should not be made, the regulator must give the 31
drinking water service provider notice that the plan need not 32
be amended. 33
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Subdivision 3 Miscellaneous 1
102 Notice of particular matter 2
(1) This section applies if a drinking water service provider 3
becomes aware that the quality of water supplied from the 4
provider's drinking water service does not comply with the 5
provider's drinking water quality management plan to the 6
extent the water's quality under the plan must be consistent 7
with any water quality criteria for drinking water. 8
(2) The drinking water service provider must, unless the provider 9
has a reasonable excuse, immediately give the regulator 10
details of the noncompliance and the circumstances that gave 11
rise to the noncompliance (the relevant information). 12
Maximum penalty--1665 penalty units. 13
(3) It is not a reasonable excuse for the drinking water service 14
provider to fail to give the relevant information that giving the 15
information might tend to incriminate the provider. 16
(4) However, if the drinking water service provider is an 17
individual, evidence of, or evidence directly or indirectly 18
derived from, the relevant information that might tend to 19
incriminate the provider is not admissible in evidence against 20
the provider in a civil or criminal proceeding, other than a 21
proceeding for an offence about the falsity of the information. 22
(5) If the drinking water service provider complies with 23
subsection (2) by giving the regulator the relevant information 24
orally, the provider must as soon as practicable give the 25
regulator notice of the relevant information in the approved 26
form. 27
Maximum penalty for subsection (5)--200 penalty units. 28
103 Requirement about giving water quality information 29
(1) This section applies if a drinking water service provider 30
obtains water for the provider's drinking water service from a 31
water storage or other infrastructure that is not part of a water 32
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service for which there is a drinking water quality 1
management plan. 2
(2) The drinking water service provider may, by notice given to 3
the service provider for the water storage or other 4
infrastructure, ask the service provider to give the drinking 5
water service provider the information reasonably required by 6
the provider about the quality of water in the water storage or 7
infrastructure. 8
(3) The notice must-- 9
(a) include enough details about the information reasonably 10
required to enable the service provider for the water 11
storage or other infrastructure to comply with the 12
request; and 13
(b) state the reasonable period within which the information 14
must be given. 15
(4) The service provider for the water storage or other 16
infrastructure must comply with the notice, unless the 17
provider has a reasonable excuse. 18
Maximum penalty--500 penalty units. 19
(5) The service provider for the water storage or other 20
infrastructure may recover from the drinking water service 21
provider the reasonable costs incurred by the service provider 22
in obtaining the information. 23
(6) The service provider for the water storage or other 24
infrastructure may recover, as a debt due to the service 25
provider, any amount the provider is entitled to recover under 26
subsection (5). 27
104 Requirement about operation of drinking water service 28
A drinking water service provider must ensure that there are 29
persons engaged in the operation of the provider's drinking 30
water service who have the qualifications or experience 31
prescribed under a regulation for section 586(2)(d)(i). 32
Maximum penalty--1665 penalty units. 33
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Division 4 Audit reports and reviews 1
105 Application of div 4 2
This division applies to strategic asset management plans, 3
system leakage management plans, drought management 4
plans and drinking water quality management plans. 5
106 Reviewing plans 6
(1) A service provider must regularly review the service 7
provider's strategic asset management plan, in accordance 8
with the notice given by the regulator under section 74. 9
Maximum penalty--500 penalty units. 10
(2) A service provider must regularly review the service 11
provider's system leakage management plan, in accordance 12
with the notice given by the regulator under section 87. 13
Maximum penalty--200 penalty units. 14
(3) The purpose of the review under subsection (1) or (2) is to 15
ensure the plan remains relevant having regard to best practice 16
industry standards for the types of services provided by the 17
service provider. 18
(4) A service provider must regularly review the service 19
provider's drinking water quality management plan, in 20
accordance with the notice given by the regulator under 21
section 99. 22
Maximum penalty--500 penalty units. 23
(5) The purpose of the review under subsection (4) is to ensure 24
the plan remains relevant having regard to the operation of the 25
water service provided by the service provider. 26
(6) The service provider must, in its annual report, state-- 27
(a) the outcome of any review under this section; and 28
(b) how the service provider has addressed matters raised in 29
the review. 30
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107 Changing plans following review 1
(1) Subsection (2) applies if a review of the strategic asset 2
management plan indicates the plan should be changed to 3
reflect best practice industry standards for the types of 4
services provided by the service provider. 5
(2) The service provider, within 30 business days after the review 6
ends, must give the regulator a modified strategic asset 7
management plan including the indicated changes. 8
(3) Sections 72, 74 and 75 apply to the modified plan. 9
Editor's note-- 10
sections 72 (Certifying strategic asset management plan), 74 11
(Approving strategic asset management plan) and 75 (Refusing to 12
approve strategic asset management plan) 13
(4) Within 30 business days after the review of a system leakage 14
management plan ends, the service provider must-- 15
(a) if the review indicates the plan needs to be changed to 16
reflect best practice industry standards for the types of 17
services provided by the service provider--give the 18
regulator a copy of a new plan indicating the actions 19
taken or planned to be taken and improvements made or 20
planned to be made since the plan being reviewed was 21
approved; or 22
(b) otherwise--give the regulator a further copy of the 23
existing plan. 24
Maximum penalty--200 penalty units. 25
(5) Sections 81, 87 and 88 apply to a plan given to the regulator 26
under subsection (4). 27
Editor's note-- 28
sections 81 (Certifying system leakage management plan), 87 29
(Approving system leakage management plan) and 88 (Refusing to 30
approve system leakage management plan) 31
(6) Subsection (7) applies if a review of a drinking water quality 32
management plan indicates the plan needs to be changed to 33
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reflect changes to the operation of the water service provided 1
by the service provider. 2
(7) Within 30 business days after the review ends, the service 3
provider must-- 4
(a) amend the drinking water quality management plan to 5
reflect the changes to the operation of the water service; 6
and 7
(b) apply to the regulator for approval of the amended plan. 8
Maximum penalty--200 penalty units. 9
(8) The amended drinking water quality management plan must 10
indicate the way the plan has been amended. 11
(9) Sections 95(2) and (3), and 96 to 99 apply to the application 12
for approval of the amended drinking water quality 13
management plan-- 14
(a) as if a reference in the sections to the drinking water 15
quality management plan were a reference to the 16
amended drinking water quality management plan; and 17
(b) as if a reference in the sections to the plan were a 18
reference to the amended plan. 19
108 Providing regular audit reports 20
(1) The service provider must, in accordance with the 21
requirements of this section, arrange for regular audit reports 22
about the service provider's plans and compliance with the 23
plans to be prepared and given to the regulator. 24
Maximum penalty-- 25
(a) in relation to a strategic asset management plan--500 26
penalty units; or 27
(b) in relation to a system leakage management plan--200 28
penalty units; or 29
(c) in relation to a drinking water quality management 30
plan--500 penalty units. 31
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(2) A regular audit report must be prepared in accordance with 1
the notice given by the regulator-- 2
(a) for a strategic asset management plan--under section 3
74; and 4
(b) for a system leakage management plan--under section 5
87; and 6
(c) for a drinking water quality management plan--under 7
section 99. 8
(3) The purpose of the regular audit report for a plan mentioned in 9
subsection (2)(a) or (b) is to-- 10
(a) verify the accuracy of performance data provided 11
through the annual report; and 12
(b) assess the service provider's technical ability to meet the 13
standards identified in the plan. 14
(4) The regular audit report for a plan mentioned in subsection 15
(2)(a) or (b) must be-- 16
(a) prepared by a registered professional engineer who is 17
not-- 18
(i) an employee of the service provider; or 19
(ii) the engineer who prepared or certified the plan; or 20
(iii) an engineer employed in operating the service 21
provider's infrastructure; and 22
(b) given to the regulator within 30 business days after its 23
completion; and 24
(c) available for inspection and purchase. 25
(5) The purpose of the regular audit report for a plan mentioned in 26
subsection (2)(c) is-- 27
(a) to verify the accuracy of the monitoring and 28
performance data provided to the regulator under the 29
plan; and 30
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(b) to assess the service provider's compliance with the 1
plan; and 2
(c) to assess the relevance of the plan in relation to the 3
provider's drinking water service. 4
(6) The regular audit report for a plan mentioned in subsection 5
(2)(c) must be-- 6
(a) prepared by a person, other than an employee of the 7
service provider or someone employed in operating the 8
service provider's infrastructure, who-- 9
(i) is certified under the Drinking Water-Quality 10
Management System Auditor Certification Scheme 11
to conduct an audit of the type to which the report 12
relates; or 13
(ii) has a qualification the regulator is satisfied is at 14
least equivalent to the qualification mentioned in 15
subparagraph (i); and 16
(b) prepared in accordance with the guidelines, if any, made 17
by the regulator about preparing regular audit reports; 18
and 19
(c) given to the regulator within 30 business days after its 20
completion; and 21
(d) available for inspection and purchase. 22
109 Declarations about regular audit report 23
(1) The regular audit report must be accompanied by a statutory 24
declaration by the service provider and the auditor. 25
(2) The service provider's declaration must be made-- 26
(a) if the service provider is an individual--by the service 27
provider; or 28
(b) if the service provider is a corporation--by an executive 29
officer of the corporation. 30
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(3) The service provider's declaration must state that the service 1
provider-- 2
(a) has not knowingly given any false or misleading 3
information to the auditor; and 4
(b) has given all relevant information to the auditor. 5
(4) The auditor's declaration must-- 6
(a) state the auditor's qualifications and experience relevant 7
to the audit; and 8
(b) state that the auditor has not knowingly included any 9
false, misleading or incomplete information in the 10
report; and 11
(c) state that the auditor has not knowingly failed to reveal 12
any relevant information or document to the regulator; 13
and 14
(d) certify that-- 15
(i) the report addresses the relevant matters for the 16
evaluation and is factually correct; and 17
(ii) the opinions expressed in it are honestly and 18
reasonably held. 19
110 Spot audits of plans 20
(1) Subsection (2) applies if-- 21
(a) the regulator is satisfied, or reasonably believes-- 22
(i) a service provider is not complying with the 23
service provider's strategic asset management plan, 24
system leakage management plan or drinking 25
water quality management plan; or 26
(ii) a service provider's strategic asset management 27
plan, system leakage management plan or drinking 28
water quality management plan is no longer 29
adequate for the service provider's registered 30
services; or 31
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(b) a service provider does not-- 1
(i) have an audit report prepared under section 108; or 2
(ii) give the regulator a copy of an audit report under 3
section 108. 4
(2) In addition to any regular audit mentioned in section 108, the 5
regulator may, by giving a service provider a show cause 6
notice, arrange for a spot audit report to be prepared about the 7
service provider's strategic asset management plan, system 8
leakage management plan or drinking water quality 9
management plan. 10
(3) The spot audit report for a strategic asset management plan or 11
system leakage management plan must be prepared by a 12
registered professional engineer. 13
(4) The spot audit report for a drinking water quality management 14
plan must be prepared by a person who-- 15
(a) is certified under the Drinking Water-Quality 16
Management System Auditor Certification Scheme to 17
conduct an audit of the type to which the report relates; 18
or 19
(b) has a qualification the regulator is satisfied is at least 20
equivalent to the qualification mentioned in paragraph 21
(a). 22
(5) The regulator must give the service provider a copy of the 23
report within 30 business days after its completion. 24
(6) Subsections (7) to (9) apply if the report states either or both 25
of the following-- 26
(a) the service provider's strategic asset management plan, 27
system leakage management plan or drinking water 28
quality management plan is inadequate in a material 29
particular; 30
(b) the service provider has not properly carried out the 31
plan. 32
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(7) The regulator must give the service provider an information 1
notice requiring the service provider, within the reasonable 2
period stated in the notice-- 3
(a) if subsection (6)(a) applies--to rectify the inadequacy; 4
or 5
(b) if subsection (6)(b) applies--to properly carry out the 6
plan. 7
(8) The service provider must comply with the notice unless the 8
service provider has a reasonable excuse. 9
Maximum penalty-- 10
(a) for a notice about a strategic asset management 11
plan--1665 penalty units; or 12
(b) for a notice about a system leakage management 13
plan--670 penalty units; or 14
(c) for a notice about a drinking water quality management 15
plan--1665 penalty units. 16
(9) The regulator may recover from the service provider an 17
amount equal to the cost of completing the report. 18
111 Declarations about spot audit report 19
(1) The spot audit report submitted to the regulator must be 20
accompanied by a statutory declaration by the auditor. 21
(2) The declaration must state the matters mentioned in section 22
109(4). 23
112 Access for conducting audit reports 24
(1) For conducting an audit under this division or the Water Act, 25
chapter 2A, part 5, division 2, subdivision 4, a service 26
provider must give the following persons free and 27
uninterrupted access to the service provider's infrastructure 28
and any records relating to the infrastructure-- 29
(a) the auditor; 30
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(b) any person employed or authorised by the auditor to 1
participate in conducting the audit. 2
Editor's note-- 3
Water Act, chapter 2A (Water supply and demand management), part 5 4
(Implementation of and compliance with regional water security 5
programs), division 2 (System operating plans), subdivision 4 (Spot 6
audit reports) 7
Maximum penalty--200 penalty units. 8
(2) However, the auditor and any person employed or authorised 9
by the auditor to participate in the conduct of the audit must 10
not enter the premises of a customer of the service provider 11
unless the customer agrees to the entry. 12
Division 5 Customer service standards 13
113 Purpose of div 5 14
The purpose of this division is to ensure customers who do not 15
have a contract with the service provider for the supply of 16
registered services (a service contract) are protected by 17
standards relating to the supply. 18
114 Application of div 5 19
(1) This division applies to a service provider if the service 20
provider does not have a service contract with all of its 21
customers. 22
(2) Sections 118 and 119 do not apply to a service provider that is 23
an agency to which the Ombudsman Act 2001 applies. 24
115 Preparing customer service standards 25
The service provider must, within 1 year after the service 26
provider is registered-- 27
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(a) prepare a customer service standard for the supply of its 1
registered service; and 2
(b) give a copy of the standard to both the regulator and all 3
customers of the service provider who do not have a 4
service contract. 5
116 Content of customer service standard 6
The customer service standard must state the following-- 7
(a) the level of service to be provided by the service 8
provider; 9
(b) the process for service connections, billing, metering, 10
accounting, customer consultation, complaints and 11
dispute resolution; 12
(c) any other matter stated in guidelines, if any, made by the 13
regulator for preparing customer service standards. 14
117 Complying with customer service standard 15
The service provider must comply with the customer service 16
standard when supplying services to the service provider's 17
customers who do not have a service contract. 18
118 Customer complaints 19
(1) This section applies if-- 20
(a) a customer who does not have a service contract 21
considers-- 22
(i) there is a significant deficiency in the customer 23
service standard; or 24
(ii) the service provider has not complied with the 25
standard; and 26
(b) the customer can not resolve the complaint through 27
negotiation with the service provider. 28
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(2) The customer may give the regulator notice of the complaint. 1
(3) If the customer gives the regulator a notice under subsection 2
(2), the regulator must-- 3
(a) give the service provider a copy of the notice; and 4
(b) inquire into the matter. 5
(4) After inquiring into the matter, the regulator must give the 6
service provider a notice-- 7
(a) if the service provider has not complied with the service 8
provider's customer service standard--requiring the 9
service provider to comply with the standard; or 10
(b) if the complaint highlights a deficiency in the 11
standard--requiring the service provider to revise the 12
standard; or 13
(c) if the regulator is satisfied no action is required in 14
relation to the complaint--stating that the regulator will 15
not take any further action. 16
(5) The notice is taken to be a compliance notice to which section 17
465(4) does not apply. 18
Editor's note-- 19
section 465 (Who may give compliance notice) 20
(6) The regulator must give the customer an information notice 21
about the action taken under subsection (4). 22
119 Revising customer service standard 23
If, under section 118, the regulator requires the service 24
provider to revise the customer service standard, the service 25
provider must-- 26
(a) revise the standard having regard to the complaint; and 27
(b) give the regulator, and each customer of the service 28
provider who does not have a service contract, a copy of 29
the revised standard. 30
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120 Reviewing customer service standard 1
(1) The service provider must review the customer service 2
standard each year. 3
(2) If, because of the review, the service provider changes the 4
standard, the service provider must give the regulator, and 5
each customer of the service provider who does not have a 6
service contract, a copy of the changed standard. 7
Division 6 Drought management plans 8
121 Purpose of div 6 9
The purpose of this division is to ensure water service 10
providers have drought management plans in place to 11
minimise the impact on communities of water shortages 12
caused by drought. 13
122 Application of div 6 14
This division applies to a water service provider but does not 15
apply to-- 16
(a) a water service provider to the extent the provider is 17
supplying water services to a customer who holds a 18
water entitlement; or 19
(b) a water service provider who supplies only drainage 20
services. 21
123 Preparing drought management plans 22
(1) Each water service provider must have a drought management 23
plan for-- 24
(a) each service area in which the water service provider 25
supplies a retail water service; and 26
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(b) if the water service provider is a water authority 1
established for an authority area--the authority area; 2
and 3
(c) if the water service provider is the owner of 1 or more 4
elements of infrastructure for supplying water services 5
for which a charge is intended to be made--each area in 6
which the water service provider supplies a water 7
service. 8
Note-- 9
Failure to comply with this provision results in a report being tabled in 10
the Legislative Assembly under section 131. 11
(2) In preparing the drought management plan, the water service 12
provider must-- 13
(a) consult with the water service provider's customers and, 14
if the water is being managed under an interim resource 15
operations licence or resource operations licence, the 16
holder of the interim resource operations licence or 17
resource operations licence; and 18
(b) consider the following-- 19
(i) the needs of classes of customers and whether the 20
needs vary according to the location to which 21
water is being supplied; 22
(ii) the likely future requirements of customers for 23
water; 24
(iii) the contractual rights of customers and classes of 25
customers; 26
(iv) the availability and proposed use of water from 27
various sources, including sources intended to be 28
used only in an emergency; and 29
(c) ensure the plan is consistent with any requirements, 30
about drought or critical water supply management-- 31
(i) under the resource operations plan for the area; or 32
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(ii) in a plan prepared under the resource operations 1
plan for the area; or 2
(iii) in a plan prepared for an interim resource 3
operations licence in the area. 4
(3) The drought management plan must be prepared in 5
accordance with any guidelines made by the regulator for 6
preparing the plan and state-- 7
(a) the registered water service and area to which the plan 8
applies; and 9
(b) the infrastructure for providing the services; and 10
(c) details of the situations in which the water service 11
provider intends to act under part 3, division 3 or take 12
other measures to minimise the impact of water 13
shortages; and 14
Editor's note-- 15
part 3 (Service providers), division 3 (Power to restrict water 16
supply) 17
(d) details of the actions intended to be taken under part 3, 18
division 3 or other measures intended to be taken. 19
(4) The drought management plan may be part of a document 20
prepared for another purpose if the part fulfils the 21
requirements of this section. 22
(5) In this section-- 23
authority area, for a water authority, see the Water Act, 24
section 548(1). 25
resource operations plan means a plan approved under the 26
Water Act, section 103(2). 27
124 Certifying drought management plan 28
The drought management plan must be certified by the chief 29
executive officer, however named, of the water service 30
provider as being the drought management plan for the 31
provider. 32
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125 Submitting drought management plan for registration 1
The water service provider must, within 1 year after the day 2
the service provider is registered for a water service-- 3
(a) prepare a drought management plan for the service; and 4
(b) give a copy of the plan to the regulator for registration. 5
126 Exemption from preparing drought management plan 6
(1) A water service provider may apply to the regulator for an 7
exemption from complying with this division for an area in 8
which the provider supplies a water service. 9
(2) The application must be-- 10
(a) in the approved form; and 11
(b) supported by sufficient information to enable the 12
regulator to decide the application. 13
(3) The regulator must approve the application if the regulator is 14
satisfied the water service provider supplies at least 70% of 15
the water service for the area from a source or sources that can 16
not be affected by drought. 17
Examples of sources-- 18
· desalinated sea water 19
· underground water from the Great Artesian Basin 20
(4) Unless the regulator is satisfied under subsection (3), the 21
regulator must refuse the application. 22
(5) Within 10 business days after deciding the application, the 23
regulator must give the water service provider an information 24
notice about the decision. 25
127 Cancelling or amending exemption from preparing 26
drought management plan 27
(1) If the circumstances under which an exemption was given 28
change, the water service provider must immediately give the 29
regulator notice of the change. 30
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(2) The regulator may amend or cancel an exemption-- 1
(a) after receiving notice under subsection (1) for the 2
exemption; or 3
(b) if the regulator becomes aware of a change in the 4
circumstances under which the exemption was given. 5
(3) If the regulator amends or cancels an exemption, the regulator 6
must give the water service provider an information notice 7
about the decision to amend or cancel the exemption. 8
128 Registering a drought management plan 9
(1) If the regulator is satisfied a drought management plan 10
complies with the registration criteria in any guidelines made 11
by the regulator for preparing the plan, the regulator must, as 12
soon as practicable after receiving a copy of the plan-- 13
(a) register the plan; and 14
(b) give the water service provider notice of the registration. 15
(2) The notice must also tell the water service provider the 16
intervals, of not less than 1 year, at which regular reviews of 17
the plan must be conducted. 18
(3) Registration under subsection (1) is not approval by the 19
regulator of the contents of the plan. 20
129 Changing a drought management plan 21
(1) The water service provider may change the drought 22
management plan after it is registered. 23
(2) As soon as practicable after changing the drought 24
management plan, the water service provider must-- 25
(a) have the changed plan certified under section 124; and 26
(b) give a copy of the changed plan to the regulator for 27
registration under section 128. 28
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130 Complying with drought management plan 1
The water service provider must comply with the drought 2
management plan when supplying water services to the 3
service provider's customers. 4
Maximum penalty--200 penalty units. 5
131 Tabling in Legislative Assembly 6
The Minister must, as soon as practicable after 1 January each 7
year-- 8
(a) prepare a list of the water service providers who-- 9
(i) do not have a drought management plan registered 10
under section 128; and 11
(ii) do not have an exemption under section 126 from 12
preparing a drought management plan; and 13
(b) table the list in the Legislative Assembly. 14
Division 7 Outdoor water use conservation 15
plan 16
132 Application of div 7 17
This division applies to a service provider who provides a 18
retail water service outside the SEQ region or a designated 19
region. 20
133 Water service provider to have outdoor water use 21
conservation plan 22
(1) Each water service provider must have a plan (an outdoor 23
water use conservation plan), for reducing outdoor water use 24
and promoting efficient outdoor water use by customers of the 25
service provider, that-- 26
(a) complies with subsection (2); and 27
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(b) is approved by the regulator. 1
Maximum penalty--200 penalty units. 2
(2) The plan must be prepared in accordance with any guidelines 3
made by the regulator for preparing the plan and state-- 4
(a) any service provider water restrictions imposed, or to be 5
imposed, by the service provider; and 6
(b) details of measures to reduce outdoor water use and 7
promote efficient outdoor water use by the service 8
provider's customers; and 9
(c) the way the service provider intends to implement the 10
measures, including the timing for implementing the 11
measures and the way the service provider intends to 12
ensure compliance with the measures. 13
(3) The plan may be part of a document prepared for another 14
purpose if the part fulfils the requirements of subsection (2). 15
(4) If a water service provider appeals a decision made by the 16
regulator under section 134(4), the provider does not 17
contravene subsection (1) in relation to the failure to have a 18
plan until the day the appeal is decided. 19
Note-- 20
See also section 627 (Application of provision about outdoor water use 21
conservation plan) for application of this section to particular water 22
service providers. 23
134 Approving outdoor water use conservation plan 24
(1) The regulator must, after receiving an outdoor water use 25
conservation plan for approval-- 26
(a) approve the plan and give the water service provider 27
notice of the approval; or 28
(b) return the plan to the water service provider and give the 29
service provider a notice-- 30
(i) stating how the plan must be changed to make it 31
comply with section 133(2); and 32
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(ii) requiring that the plan be amended in the way 1
stated and returned to the regulator within the 2
reasonable period stated in the notice. 3
(2) The water service provider must comply with a requirement 4
included in a notice given under subsection (1)(b). 5
Maximum penalty--200 penalty units. 6
(3) When considering whether to approve a plan, the regulator 7
must take account of cost considerations for the water service 8
provider and its customers. 9
(4) If, after considering the amended plan, the regulator decides 10
to refuse the plan, the regulator must give the water service 11
provider an information notice about the decision. 12
135 Changing outdoor water use conservation plan 13
(1) A water service provider may, with the regulator's agreement, 14
change an outdoor water use conservation plan after it is 15
approved. 16
(2) The plan, as changed in the way agreed by the regulator, is 17
taken to be approved by the regulator. 18
136 Complying with outdoor water use conservation plan 19
A water service provider must comply with the provider's 20
outdoor water use conservation plan when supplying water 21
services to the service provider's customers. 22
Maximum penalty--200 penalty units. 23
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Division 8 Other service provider obligations 1
Subdivision 1 Residential premises 2
137 Application of sdiv 1 3
This subdivision applies if-- 4
(a) a water service provider provides a retail water service 5
to residential premises; and 6
(b) the supply of water to the premises is measured and 7
charged by the water service provider, or a related local 8
government, only in relation to the premises; and 9
(c) the premises are not common property under the Body 10
Corporate and Community Management Act 1997 or the 11
Building Units and Group Titles Act 1980. 12
138 Guidelines for rate notice or account for supply of water 13
to residential premises 14
(1) A rate notice or account issued by the water service provider, 15
or the related local government, for the supply of water to the 16
residential premises, must comply with guidelines made by-- 17
(a) for the SEQ region or a designated region--the 18
commission; or 19
(b) for an area outside the SEQ region or a designated 20
region--the regulator. 21
Maximum penalty--200 penalty units. 22
(2) The guidelines may state-- 23
(a) the frequency at which a rate notice or account must be 24
issued for the supply of water to residential premises; 25
and 26
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(b) the type of information to be included in the rate notice 1
or account about the volume of water supplied to the 2
premises during each billing period for the premises. 3
(3) This section applies despite the Local Government Act, 4
sections 973(4) and 1008(3). 5
Note-- 6
See also section 606 (Application of provision about guidelines for rate 7
notice or account for water supply) for application of this section to 8
particular water service providers or a related local government. 9
139 Service provider to give occupier water advice 10
(1) This section applies if the owner of the residential premises is 11
not an occupier of the residential premises. 12
(2) The water service provider must give a notice (a water 13
advice), in the approved form, to an occupier of the premises 14
stating the volume of water supplied to the premises during 15
each billing period for the premises. 16
Maximum penalty--200 penalty units. 17
(3) The water advice must not include any information about any 18
other rates or charges mentioned in the Local Government 19
Act, section 963. 20
Editor's note-- 21
Local Government Act, section 963 (Power to make and levy rates and 22
charges) 23
(4) However, the water advice may include other information, 24
including information about-- 25
(a) ways to reduce the volume of water used at the 26
premises; or 27
(b) service provider water restrictions or commission water 28
restrictions applying to the premises. 29
(5) In this section-- 30
occupier, of residential premises, means a person who 31
ordinarily resides at the premises. 32
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Note-- 1
See also section 607 (Application of provision about water advices) for 2
application of this section to particular water service providers. 3
Subdivision 2 Premises with more than 1 4
sole-occupancy unit 5
140 Service provider to give information about water usage 6
(1) This section applies to premises if-- 7
(a) a building located on the premises includes more than 1 8
sole-occupancy unit; and 9
(b) after 1 January 2008 meters are installed in relation to a 10
compliance request made under the Plumbing and 11
Drainage Act 2002 after 31 December 2007-- 12
(i) for measuring the supply of water to each 13
sole-occupancy unit; and 14
(ii) on infrastructure that supplies retail water services 15
for the premises. 16
(2) A rate notice or account issued by a water service provider or 17
a related local government for the provision of a retail water 18
service to the premises must-- 19
(a) state the volume of water supplied through each meter 20
during each billing period for the premises; and 21
(b) the amount of the total charge for the retail water service 22
that relates to the volume of water supplied through each 23
meter. 24
(3) In this section-- 25
Building Code of Australia see the Plumbing and Drainage 26
Act 2002. 27
premises does not include scheme land under the Body 28
Corporate and Community Management Act 1997. 29
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sole-occupancy unit, in relation to a building, means-- 1
(a) a room or other part of the building for occupation by 2
one or a joint owner, lessee, tenant, or other occupier to 3
the exclusion of any other owner, lessee, tenant, or other 4
occupier, including, for example-- 5
(i) a dwelling; or 6
(ii) a room or suite of associated rooms in a building 7
classified under the Building Code of Australia as 8
a class 2, 4, 5, 6, 7 or 8 building; or 9
(b) any part of the building that is a common area. 10
Division 9 Annual reports 11
141 Service provider to report annually 12
(1) A service provider must prepare an annual report that 13
complies with section 142-- 14
(a) for each financial year after a financial year in which a 15
strategic asset management plan, system leakage 16
management plan or drinking water quality 17
management plan has been approved; and 18
(b) for each financial year after a financial year in which a 19
system operating plan applying to the service provider 20
has been made; and 21
(c) for each financial year after a financial year in which a 22
customer service standard has been given to the 23
regulator; and 24
(d) for each financial year after a financial year in which the 25
service provider gives a water advice to an occupier of 26
residential premises under section 139. 27
(2) An annual report mentioned in subsection (1)(a), (b), (c) or (d) 28
may be combined with 1 or both of the other reports 29
mentioned in the subsection. 30
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(3) The service provider must give a copy of an annual report to 1
the regulator within 120 business days after the end of the 2
financial year to which it relates. 3
Maximum penalty--500 penalty units. 4
(4) Subsections (1) and (3) do not apply to a service provider that 5
is-- 6
(a) a local government if-- 7
(i) the local government includes the information 8
mentioned in section 142 in a report required under 9
the Local Government Act, section 531; and 10
Editor's note-- 11
Local Government Act, section 531 (Annual report to be 12
prepared and adopted) 13
(ii) the local government gives a copy of the report to 14
the regulator within 30 business days after the 15
report is adopted; or 16
(b) the chief executive if-- 17
(i) the chief executive includes the information 18
mentioned in section 142 in a report required under 19
the Financial Administration and Audit Act 1977, 20
section 39; and 21
(ii) if the chief executive and the regulator are not the 22
same entity--the chief executive gives the 23
regulator a copy of the report within 30 business 24
days after the report is given to the Minister. 25
(5) A copy of a report mentioned in this section must be available 26
for inspection and purchase. 27
142 Contents of annual report 28
(1) For an annual report mentioned in section 141(1)(a) that 29
relates to a strategic asset management plan or system leakage 30
management plan, the report must-- 31
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(a) be prepared in accordance with the guidelines, if any, 1
made by the regulator about the preparation of annual 2
reports; and 3
(b) measure the service provider's performance for the 4
financial year for the services for which the service 5
provider is registered against the strategic asset 6
management plan and the system leakage management 7
plan for the services; and 8
(c) document the actions taken by the service provider to 9
implement the plan including the application of funds to 10
support implementation of the plan; and 11
(d) state the outcome of any review of the plan and how the 12
service provider has addressed matters raised in the 13
review; and 14
(e) contain a summary of the findings of and any 15
recommendations stated in an audit report given to the 16
regulator in the financial year to which the report relates. 17
(2) For an annual report mentioned in section 141(1)(a) that 18
relates to a drinking water quality management plan, the 19
report must-- 20
(a) be prepared in accordance with the guidelines, if any, 21
made by the regulator about the preparation of annual 22
reports; and 23
(b) document the actions taken by the drinking water 24
service provider to implement the plan; and 25
(c) state the outcome of any review of the plan in the 26
financial year to which the annual report relates, and 27
how the service provider has addressed matters raised in 28
the review; and 29
(d) contain a summary of the findings of, and any 30
recommendations stated in, an audit report about a 31
regular audit given to the regulator in the financial year; 32
and 33
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(e) contain a summary of the information given to the 1
regulator under section 102 in the financial year; and 2
Editor's note-- 3
section 102 (Notice of particular matter) 4
(f) contain a summary of the provider's compliance with 5
the plan in relation to the water quality criteria for 6
drinking water; and 7
(g) if the provider supplies drinking water to customers--a 8
summary of any complaints made to the provider about 9
the provider's drinking water service. 10
(3) For an annual report mentioned in section 141(1)(b), the 11
report must measure the service provider's performance with 12
the desired levels of service objectives and other obligations 13
and requirements that apply to the provider under the plan. 14
(4) For an annual report mentioned in section 141(1)(c), the 15
report must-- 16
(a) measure the service provider's performance for the 17
financial year for the services for which the service 18
provider is registered against the customer service 19
standard for the services; and 20
(b) state the outcome of any review of the standard and how 21
the service provider has addressed matters raised in the 22
review. 23
(5) For an annual report mentioned in section 141(1)(d), the 24
report must document the number of water advices given to 25
occupiers of residential premises and the nature of any 26
complaints received about the giving of water advices during 27
the period covered by the report. 28
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Division 10 Water for fire fighting 1
143 Application of div 10 2
This division applies to a service provider who provides a 3
retail water service. 4
144 No charge for water for fire fighting purposes 5
(1) A water service provider must not make a charge for water 6
taken from a fire fighting system or a service provider's 7
hydrant for fire fighting purposes. 8
(2) However, the service provider may fix either or both of the 9
following to any private fire fighting system-- 10
(a) a meter; 11
(b) a seal. 12
(3) Within 24 hours after a seal is broken, the occupier of the 13
premises must give the service provider written notice of the 14
breaking unless the occupier has a reasonable excuse. 15
Maximum penalty for subsection (3)--20 penalty units. 16
145 Water to be used only for fire fighting purposes 17
(1) A person must not take water from a fire fighting system or a 18
service provider's hydrant without the permission of the 19
service provider unless the water is taken for fire fighting 20
purposes. 21
Note-- 22
Under the Fire and Rescue Service Act 1990, section 53(2)(h), the 23
Queensland Fire and Rescue Service may take water for fire fighting 24
purposes from any source whether natural or artificial. 25
Maximum penalty--1000 penalty units. 26
(2) If a person is convicted of an offence against subsection (1), 27
the service provider may recover from the person as a debt the 28
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amount of the loss or the reasonable cost of repairing any 1
damage caused by the unlawful taking of the water. 2
Division 11 Exemptions for small service 3
providers 4
146 Small service providers may apply for exemption 5
(1) A small service provider may apply to the regulator for an 6
exemption from complying with-- 7
(a) divisions 1 and 4 in relation to a strategic asset 8
management plan; or 9
(b) division 5; or 10
(c) all or part of division 9 in relation to a strategic asset 11
management plan. 12
Editor's note-- 13
· divisions 1 (Strategic asset management plans) and 4 (Audit reports 14
and reviews) 15
· division 5 (Customer service standards) 16
· division 9 (Annual reports) 17
(2) The application must be in the approved form. 18
147 Deciding application for exemption 19
(1) This section applies if the regulator is satisfied it is not 20
reasonably practicable for the small service provider to 21
comply with 1 or more of the provisions mentioned in section 22
146(1)(a), (b) or (c) because the cost of complying would 23
outweigh the benefits. 24
(2) The regulator must grant the exemption, with or without 25
conditions. 26
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(3) In deciding the application, the regulator must have regard to 1
the guidelines, if any, made by the regulator for granting 2
exemptions under this division. 3
(4) If an exemption is given on conditions, the exemption 4
operates only if the conditions are complied with. 5
(5) If the regulator is not satisfied under subsection (1), the 6
regulator must refuse to grant the exemption. 7
148 Notice of decision on application for exemption 8
(1) If the regulator grants an exemption, the regulator must give 9
the service provider an information notice of the exemption. 10
(2) The regulator must also, as soon as is practicable after giving 11
an exemption, give notice of the exemption in the gazette. 12
(3) The gazette notice must state the following-- 13
(a) the small service provider to whom the exemption 14
applies; 15
(b) the registered service to which the exemption applies; 16
(c) the division, or divisions, to which the exemption 17
applies; 18
(d) any conditions to which the exemption is subject; 19
(e) any limit on the duration of the exemption. 20
(4) The Statutory Instruments Act 1992, sections 24 to 26, apply 21
to an exemption as if it were a statutory instrument. 22
Editor's note-- 23
Statutory Instruments Act 1992, sections 24 (Statutory instrument may 24
be of general or limited application), 25 (Statutory instrument may 25
make different provision for different categories) and 26 (Statutory 26
instrument may authorise determination etc. by specified person etc.) 27
(5) If the regulator refuses to grant the exemption, the regulator 28
must give the service provider an information notice about the 29
refusal. 30
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149 Cancelling or amending an exemption 1
(1) If the circumstances under which an exemption was given 2
change, the small service provider must immediately give the 3
regulator notice of the change. 4
(2) The regulator may amend or cancel an exemption-- 5
(a) after receiving a notice under subsection (1); or 6
(b) if the regulator becomes aware of a change in the 7
circumstances under which the exemption was given. 8
(3) If the regulator amends or cancels the exemption, the 9
regulator must-- 10
(a) give the service provider an information notice about the 11
amendment or cancellation; and 12
(b) as soon as is practicable after amending or cancelling 13
the exemption, give notice of the amendment or 14
cancellation in the gazette. 15
150 Sections 150-159 not used 16
See editor's note for section 1. 17
Part 5 Service areas 18
Division 1 Preliminary 19
160 Application of pt 5 20
This part applies to a service provider who supplies a retail 21
water service or sewerage service in a service area. 22
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Division 2 Service areas 1
161 Declaration of service area 2
(1) A local government may, by resolution, declare-- 3
(a) all or part of its local government area to be a service 4
area for a retail water service or a sewerage service; and 5
(b) the service provider for the service area. 6
(2) A local government must not declare an entity, other than the 7
local government, to be the service provider for the area 8
unless the other entity agrees in writing to the declaration 9
before the declaration is made. 10
(3) A local government may, by resolution, amend the declaration 11
by adding an area to, or removing an area from, the service 12
area. 13
(4) A resolution must not be made under subsection (3) without 14
the written agreement of the service provider. 15
(5) A resolution under subsection (1) or (3) takes effect on-- 16
(a) if the declaration states a day--the day stated; or 17
(b) otherwise--the day the declaration is made. 18
(6) A local government must not declare an area to be a service 19
area for a retail water service or a sewerage service if the area 20
has already been declared for another retail water service or 21
sewerage service. 22
162 Notice of declaration of service area 23
If a local government makes or amends a declaration under 24
section 161, the local government must-- 25
(a) publish a notice of the declaration or amendment; and 26
(b) make the notice available for inspection and purchase 27
under the Local Government Act. 28
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163 Map of service area 1
(1) The service provider for a registered service in a service area 2
must keep a map showing, for the service-- 3
(a) the limits of the service area; and 4
(b) the location of the service provider's infrastructure. 5
(2) The service provider must-- 6
(a) if the service provider is not the local government--give 7
the local government a copy of the map; and 8
(b) update the map at least annually; and 9
(c) make the map available for inspection and purchase. 10
Division 3 Access to services in service areas 11
164 Access to service in service area 12
(1) The service provider must, to the greatest practicable extent, 13
ensure that-- 14
(a) all premises in the service area are able to be connected 15
directly and separately to the service provider's 16
infrastructure for the area; and 17
(b) if 2 or more premises are part of a premises group--the 18
premises group, rather than each individual premises, is 19
able to be connected, directly and separately to its 20
infrastructure; and 21
(c) the infrastructure can deal with the service requirements 22
of all premises in the service area; and 23
(d) for a retail water service--the design of its infrastructure 24
allows for a connection point at or within the boundary 25
of each premises connected to the service; and 26
(e) for a sewerage service--the design of its infrastructure 27
allows for a connection point-- 28
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(i) at or within the boundary of each premises 1
connected to the service; and 2
(ii) to the greatest practicable extent, at an invert level 3
below ground level at which the sanitary drain or 4
property sewer laid at minimum grade is capable of 5
servicing the premises. 6
(2) A property service is part of the service provider's 7
infrastructure for a water service or sewerage service. 8
165 Recovering cost of giving access to registered service 9
The service provider may recover from a customer the 10
reasonable cost of complying with section 164 for the 11
customer's premises. 12
166 When service provider not required to supply water in 13
service area 14
(1) This section applies if-- 15
(a) the owner of premises in the service area wants the 16
service provider to supply water to the premises; and 17
(b) the service provider can not supply water from its 18
infrastructure to the premises at a satisfactory pressure 19
because of physical constraints. 20
(2) The service provider must supply water to the premises if the 21
owner installs enough water storage tanks and pumps to 22
ensure that water can be supplied at a satisfactory pressure 23
and flow. 24
(3) The service provider may impose conditions on the 25
installation of the water storage tanks and pumps, including, 26
for example, a condition requiring that a pump installed on the 27
supply side of a water storage tank does not cause negative 28
pressures in the service provider's water main. 29
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Division 4 Connecting to registered services 1
167 Owner may ask for connection to service provider's 2
infrastructure 3
(1) This section applies if an owner of premises in the service 4
area asks the service provider to connect the owner's premises 5
to the service provider's infrastructure. 6
(2) The service provider must advise the owner of any work the 7
service provider considers reasonably necessary to be carried 8
out on the premises and any reasonable connection fee to 9
enable the premises to be connected to the infrastructure. 10
Note-- 11
If the work is self-assessable development or assessable development 12
under the Planning Act, that Act applies to the work. 13
(3) If the owner satisfactorily completes the work and pays the 14
connection fee, the service provider must connect the owner's 15
property to the infrastructure. 16
168 Notice requiring connection to registered service 17
(1) The service provider may, by notice given to the owner of 18
premises in the service area, require the owner to carry out 19
works for connecting the premises to a registered service. 20
(2) The notice must state-- 21
(a) the work to be carried out on the premises to enable the 22
service to be supplied; and 23
Note-- 24
The Planning Act provides for the process of granting approvals 25
for the work. 26
(b) a reasonable period, but not less than 20 business days, 27
for completing the work; and 28
(c) that the work must be completed within the stated 29
period or any extension of the period agreed to by the 30
service provider; and 31
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(d) anything else the owner must do to enable the service to 1
be supplied. 2
(3) The owner must comply with the notice unless the owner has 3
a reasonable excuse. 4
Maximum penalty--200 penalty units. 5
(4) When the owner has satisfactorily completed the work, the 6
service provider must connect the owner's premises to the 7
service provider's infrastructure. 8
Division 5 Restricting domestic water supply 9
169 Restricting domestic water supply in particular 10
circumstances 11
(1) This section applies if-- 12
(a) premises used for domestic purposes are connected to a 13
water service; and 14
(b) the owner or occupier of the premises-- 15
(i) contravenes a service provider water restriction or 16
a commission water restriction; or 17
(ii) does not pay the rate or charge for the service; and 18
(c) the owner or occupier has been given a notice not to 19
continue to contravene the restriction or to pay the rate 20
or charge; and 21
(d) the owner or occupier continues to contravene the 22
restriction or refuses to pay the rate or charge. 23
(2) The service provider may reduce the water supply to the 24
premises to the minimum level necessary for the health and 25
sanitation purposes of the owner or occupier. 26
(3) However, the service provider must not completely shut off 27
the water supply to the premises. 28
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170 Sections 170-179 not used 1
See editor's note for section 1. 2
Part 6 Trade waste 3
180 Trade waste approvals 4
(1) A local government that is a sewerage service provider may 5
give a person an approval (a trade waste approval) to 6
discharge trade waste into the local government's sewerage 7
infrastructure. 8
(2) Before giving the approval, the local government must 9
consider the effect of the proposed discharge on any existing 10
or potential re-use of waste water or sludge. 11
(3) The local government may give the approval only if the local 12
government is satisfied that-- 13
(a) having regard to the amount, type and strength of the 14
proposed discharge, the discharge will not harm the 15
sewerage or the health and safety of anyone working on 16
the sewerage; and 17
(b) the sewage treatment plant to treat the waste is capable 18
of treating the waste to an acceptable standard; and 19
(c) if the local government has an environmental plan about 20
trade waste management, within the meaning of the 21
Environmental Protection (Water Policy) 1997--the 22
proposed discharge into the sewerage is consistent with 23
the plan. 24
(4) The local government must not give an approval if the 25
regulator has given the local government a trade waste 26
compliance notice prohibiting the local government from 27
giving a trade waste approval for the discharge of trade waste 28
into its sewerage infrastructure. 29
Page 112
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 6 Trade waste
[s 181]
(5) In this section-- 1
sludge means semi-liquid solids settled from sewage in septic 2
tanks, arresters and sewage treatment plants. 3
waste water means the spent or used water of a community or 4
industry that contains dissolved or suspended matter. 5
181 Approval may be conditional 6
(1) The local government may give the trade waste approval on 7
conditions, including, for example, conditions about 1 or more 8
of the following-- 9
(a) the maximum daily quantity of trade waste that may be 10
discharged; 11
(b) the maximum permissible rate of the discharge; 12
(c) the permissible limits for the quality of the waste, 13
including limits for suspended solids, biochemical 14
oxygen demand, acidity and alkalinity; 15
(d) whether the waste must be treated before being 16
discharged into the local government's sewerage; 17
(e) the appropriate management of polluted areas, 18
including, for example, conditions requiring-- 19
(i) the building of a roof over a stated area to prevent 20
rainwater entering a sanitary drain or sewer; or 21
(ii) the paving of the floor of a stated area with an 22
approved impervious material and to a stated grade 23
to an outlet; or 24
(iii) the installation of an arrester or pre-treatment 25
device. 26
(2) If the regulator has given the local government a trade waste 27
compliance notice requiring the local government to impose 28
conditions stated in the notice about the discharge of trade 29
waste into its sewerage infrastructure, the trade waste 30
approval must be given subject to the conditions. 31
Page 113
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 6 Trade waste
[s 182]
182 Criteria for suspending or cancelling trade waste 1
approval 2
A local government may suspend or cancel a trade waste 3
approval (the proposed action) if the local government is 4
satisfied-- 5
(a) the approval holder has contravened a condition of the 6
approval; or 7
(b) the approval holder has contravened a provision of this 8
Act; or 9
(c) the approval is no longer appropriate because the 10
circumstances under which trade wastes are generated 11
by the holder have significantly changed since the 12
approval was given; or 13
(d) urgent action is necessary in the interests of public 14
health or safety to prevent environmental harm or 15
prevent damage to the local government's sewerage 16
system. 17
183 Suspending or cancelling trade waste approval 18
(1) Before the local government acts under section 182, the local 19
government must give the approval holder a show cause 20
notice about the proposed action. 21
(2) If, after considering any properly made submissions by the 22
approval holder, the local government is still satisfied the 23
proposed action should be taken, the local government may-- 24
(a) if the proposed action was to suspend the approval for a 25
stated period--suspend the approval for not longer than 26
the proposed suspension period; or 27
(b) if the proposed action was to cancel the 28
approval--either cancel the approval or suspend it for a 29
period. 30
(3) Within 30 business days after making a decision under 31
subsection (2), the local government must give the approval 32
holder an information notice about the decision. 33
Page 114
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 6 Trade waste
[s 184]
(4) If, after considering any properly made submissions by the 1
approval holder, the local government is not satisfied the 2
proposed action should be taken, the local government must 3
give the approval holder a notice about the decision. 4
(5) A decision under subsection (2), takes effect on the later of 5
the following-- 6
(a) the day the information notice is received by the 7
approval holder; 8
(b) the day stated in the notice. 9
184 Immediate suspension or cancellation 10
(1) Despite section 183(1), the local government may suspend or 11
cancel the approval without giving a show cause notice if the 12
local government considers urgent action is necessary-- 13
(a) in the interests of public health or safety; or 14
(b) to prevent environmental harm; or 15
(c) to prevent damage to the local government's sewerage 16
system. 17
(2) Also, a local government must cancel any trade waste 18
approval given by the local government if the local 19
government has been given a trade waste compliance notice 20
prohibiting the local government from giving a trade waste 21
approval for the discharge of trade waste into its sewerage 22
infrastructure. 23
(3) If the local government acts under subsection (1) or (2), the 24
local government must give the approval holder an 25
information notice about the action. 26
185 Amending trade waste approval 27
(1) This section applies if-- 28
(a) a local government receives a trade waste compliance 29
notice stating conditions the local government must 30
Page 115
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 7 Offences
[s 190]
impose on a trade waste approval for the discharge of 1
trade waste into its sewerage infrastructure; and 2
(b) a trade waste approval that has been given by the local 3
government is not consistent with the conditions 4
mentioned in paragraph (a). 5
(2) The local government must, by notice given to the approval 6
holder, amend the trade waste approval to ensure it is 7
consistent with the conditions mentioned in subsection (1)(a). 8
(3) The notice must, for the purpose of subsection (2)-- 9
(a) if the approval is subject to conditions--state how the 10
conditions of the approval are amended; and 11
(b) state any other conditions to which the approval is 12
subject. 13
(4) If the local government gives an approval holder a notice 14
under this section, the trade waste approval is taken to be 15
amended in the way stated in the notice when the notice is 16
given. 17
186 Sections 186-189 not used 18
See editor's note for section 1. 19
Part 7 Offences 20
190 Supplying unauthorised services 21
A person must not supply a sewerage or water service unless 22
the person-- 23
(a) is a service provider for the service; or 24
Page 116
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 7 Offences
[s 191]
(b) is operating infrastructure for the service provider for 1
the service. 2
Maximum penalty--1000 penalty units. 3
191 Connecting to or disconnecting from service provider's 4
infrastructure without approval 5
A person must not, without the written consent of a service 6
provider, connect to, or disconnect from, the service 7
provider's infrastructure. 8
Maximum penalty--1000 penalty units. 9
192 Interfering with service provider's infrastructure 10
(1) A person must not, without the written consent of a service 11
provider, interfere with a service provider's infrastructure. 12
Maximum penalty--1000 penalty units. 13
(2) A person must not, without the written consent of a service 14
provider, build over, interfere with access to, increase or 15
reduce the cover over, or change the surface of land in a way 16
causing ponding of water over an access chamber for, a 17
service provider's infrastructure. 18
Maximum penalty--500 penalty units. 19
193 Discharging particular materials 20
(1) A service provider must not discharge trade waste into a local 21
government's infrastructure without the approval of the local 22
government under section 180. 23
Maximum penalty--1665 penalty units. 24
(2) A person, other than a service provider, must not discharge 25
trade waste into a local government's infrastructure without 26
the approval of the local government under section 180. 27
Maximum penalty--1665 penalty units. 28
Page 117
Water Supply (Safety and Reliability) Bill 2008
Chapter 2 Infrastructure and service
Part 7 Offences
[s 194]
(3) A person must not discharge trade waste into a service 1
provider's infrastructure without the written consent of the 2
service provider. 3
Maximum penalty--1665 penalty units. 4
(4) A person must not discharge a prohibited substance, surface 5
water, soil, sand or rock into a service provider's 6
infrastructure. 7
Maximum penalty--1665 penalty units. 8
(5) A person must not discharge water from an ornamental pond, 9
a swimming pool or the filtration system of a swimming pool 10
into a service provider's infrastructure without the written 11
consent of the service provider. 12
Maximum penalty--500 penalty units. 13
194 Polluting water 14
A person must not do anything likely to pollute water in a 15
service provider's water service. 16
Maximum penalty--1000 penalty units. 17
195 Taking water without approval 18
(1) A person must not, without a service provider's written 19
approval, take water from a service provider's infrastructure. 20
Maximum penalty--1000 penalty units. 21
(2) If water is supplied to premises by a service provider's 22
infrastructure for domestic purposes, a person must not, 23
without the service provider's written approval, take water 24
from a supply pipe on the premises for use off the premises, 25
other than for the domestic purposes of the owner or occupier 26
of the premises. 27
Maximum penalty--1000 penalty units. 28
(3) However, a person may take water from a service provider's 29
infrastructure-- 30
Page 118
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 1 Particular offences
[s 196]
(a) for fire fighting purposes; or 1
(b) if the water is supplied for general public use. 2
Chapter 3 Recycled water 3
management 4
Part 1 Particular offences 5
196 Offence about supplying recycled water 6
(1) The recycled water provider for a single-entity recycled water 7
scheme must not supply recycled water under the scheme 8
unless there is an approved recycled water management plan 9
for the supply of the water. 10
Maximum penalty--1665 penalty units. 11
(2) A recycled water provider or other declared entity for a 12
multiple-entity recycled water scheme must not supply 13
recycled water under the scheme unless there is an approved 14
recycled water management plan for the supply of the water. 15
Maximum penalty--1665 penalty units. 16
(3) Subsection (1) does not apply to a recycled water provider 17
who supplies recycled water under an exemption for the 18
scheme. 19
197 Offences about compliance with exemption or recycled 20
water management plan 21
(1) A recycled water provider who has an exemption for the 22
provider's recycled water scheme must comply with the 23
conditions of the exemption. 24
Maximum penalty--1665 penalty units. 25
Page 119
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 200]
(2) A recycled water provider who has an approved recycled 1
water management plan for the provider's single-entity 2
recycled water scheme must comply with-- 3
(a) the plan; and 4
(b) the conditions of the plan. 5
Maximum penalty--1665 penalty units. 6
(3) The scheme manager and each recycled water provider or 7
other declared entity for a multiple-entity recycled water 8
scheme must comply with-- 9
(a) the approved recycled water management plan for the 10
scheme to the extent it applies to the scheme manager, 11
recycled water provider or other entity; and 12
(b) the conditions of the plan to the extent the conditions 13
apply to the scheme manager, recycled water provider or 14
other entity. 15
Maximum penalty--1665 penalty units. 16
198 Sections 198-199 not used 17
See editor's note for section 1. 18
Part 2 Recycled water management 19
planning 20
200 Purpose of recycled water management plan 21
The purposes of a recycled water management plan are-- 22
(a) to protect public health; and 23
(b) if the plan is for a critical recycled water scheme--to 24
ensure the continuity of operation of the scheme. 25
Page 120
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 201]
201 Preparing particular plans 1
(1) The recycled water provider for a single-entity recycled water 2
scheme must prepare a recycled water management plan for 3
the scheme unless the provider has an exemption for the 4
scheme. 5
(2) The scheme manager for a multiple-entity recycled water 6
scheme must prepare a scheme manager plan for the scheme. 7
(3) Each recycled water provider and other declared entity for a 8
multiple-entity recycled water scheme must prepare a scheme 9
provider plan for the scheme. 10
(4) A recycled water management plan, scheme manager plan and 11
scheme provider plan must be prepared in accordance with the 12
guidelines, if any, made by the regulator about-- 13
(a) preparing recycled water management plans; and 14
(b) validating recycled water schemes. 15
(5) A recycled water management plan must-- 16
(a) describe the recycled water scheme to which the plan 17
relates; and 18
(b) include details of the infrastructure for the production or 19
supply of recycled water under the scheme, and how the 20
infrastructure is to be maintained; and 21
(c) identify the hazards and hazardous events that may 22
affect the quality of the recycled water; and 23
(d) include an assessment of the risks posed by the hazards 24
and hazardous events; and 25
(e) demonstrate how the risks posed by the hazards and 26
hazardous events are proposed to be managed; and 27
(f) include details of the operational and verification 28
monitoring programs under the plan, including the 29
parameters to be used for indicating compliance with 30
the plan to the extent the plan requires water quality to 31
be maintained in accordance with the water quality 32
criteria for recycled water. 33
Page 121
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 202]
202 Application for approval of recycled water management 1
plan 2
(1) The relevant entity for a recycled water scheme must apply to 3
the regulator for approval of the recycled water management 4
plan for the scheme. 5
(2) An application under this section must-- 6
(a) be in the approved form; and 7
(b) be accompanied by-- 8
(i) a copy of the recycled water management plan; and 9
(ii) the fee prescribed under a regulation. 10
(3) Subsection (4) applies if, under a recycled water scheme, 11
recycled water is proposed to be supplied to augment a supply 12
of drinking water. 13
(4) Despite subsection (1), a relevant entity for the recycled water 14
scheme must not apply for approval of the recycled water 15
management plan for the scheme unless there is an approved 16
validation program for the scheme. 17
203 Additional information may be required 18
(1) The regulator may, by notice given to the relevant entity, 19
require-- 20
(a) the entity to give additional information about the 21
recycled water management plan, including, for 22
example, information about arrangements relating to the 23
supply of recycled water under the scheme; or 24
(b) any information included in the plan, or any additional 25
information required under paragraph (a), to be verified 26
by statutory declaration. 27
(2) If the relevant entity fails, without reasonable excuse, to 28
comply with the requirement within the reasonable period 29
stated in the notice, the application is taken to have been 30
withdrawn. 31
Page 122
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 204]
(3) A requirement under this section is an information 1
requirement. 2
(4) In this section-- 3
relevant entity, in relation to a multiple-entity recycled water 4
scheme, includes any recycled water provider or other 5
declared entity for the scheme. 6
204 Regulator may obtain advice about application 7
The regulator may obtain advice from an advisory council or 8
any other entity the regulator considers appropriate before 9
deciding the application. 10
205 Consideration of application 11
(1) The regulator must consider each application and decide to 12
approve, with or without conditions (regulator conditions), or 13
refuse to approve, the recycled water management plan-- 14
(a) if an information requirement is not made in relation to 15
the plan--within 80 business days after receiving the 16
plan; or 17
(b) if an information requirement is made in relation to the 18
plan--within 80 business days after the requirement has 19
been complied with. 20
(2) In considering an application, the regulator must have regard 21
to the following-- 22
(a) the recycled water management plan and any additional 23
information about the plan given to the regulator under 24
section 203; 25
(b) the guidelines, if any, made by the regulator about 26
preparing recycled water management plans and 27
validating recycled water schemes; 28
(c) the approved validation program for the recycled water 29
scheme to which the plan relates, if the scheme involves 30
Page 123
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 206]
the supply of recycled water to augment a supply of 1
drinking water; 2
(d) any advice obtained by the regulator under section 204; 3
(e) the water quality criteria for recycled water. 4
206 Notice of decision 5
(1) Within 10 business days after deciding the application, the 6
regulator must give the relevant entity-- 7
(a) if the decision is to approve the recycled water 8
management plan without regulator conditions--notice 9
of the decision; or 10
(b) if the decision is to approve the plan with regulator 11
conditions, or refuse to approve the plan--an 12
information notice for the decision. 13
(2) If the regulator approves the recycled water management plan, 14
the notice of the decision or information notice for the 15
decision must state all of the following-- 16
(a) the regulator conditions, if any, of the approval; 17
(b) the intervals at which regular reviews of the approved 18
plan must be conducted; 19
(c) the intervals at which internal audits of the approved 20
plan must be conducted; 21
(d) the intervals at which regular audits of the approved plan 22
must be conducted. 23
(3) An interval mentioned in subsection (2)(b) must not be less 24
than-- 25
(a) if the recycled water management plan is for a critical 26
recycled water scheme--3 years; or 27
(b) otherwise--5 years. 28
(4) An interval mentioned in subsection (2)(c) must not be less 29
than 2 years. 30
Page 124
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 207]
(5) An interval mentioned in subsection (2)(d) is the interval 1
decided by the regulator. 2
207 When regulator must not approve recycled water 3
management plan 4
(1) This section applies to a recycled water scheme if-- 5
(a) recycled water is proposed to be supplied under the 6
scheme to augment a supply of drinking water; and 7
(b) the supply of the recycled water is into a water storage 8
of a drinking water service provider that, under chapter 9
2, part 4, division 3, must have a drinking water quality 10
management plan. 11
(2) The regulator must not approve the recycled water 12
management plan for the recycled water scheme unless there 13
is an approved drinking water quality management plan for 14
the water storage. 15
208 Statutory condition of approved recycled water 16
management plans 17
(1) An approved recycled water management plan for a 18
single-entity recycled water scheme is subject to the 19
conditions stated in subsections (2) and (3). 20
(2) If the recycled water provider for the scheme stops or intends 21
to stop the production or supply of recycled water under the 22
scheme, other than as provided for under the recycled water 23
management plan or permanently, the provider must as soon 24
as practicable give the regulator notice of the stoppage or 25
proposed stoppage. 26
(3) If the recycled water provider for the scheme becomes aware 27
that an entity to whom the provider supplies recycled water is 28
using the water other than in a way or for the purpose 29
provided for under the plan, the provider must stop supply of 30
the water to the entity. 31
Page 125
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 209]
(4) An approved recycled water management plan for a 1
multiple-entity recycled water scheme is subject to the 2
conditions stated in subsections (5) and (6). 3
(5) If a recycled water provider or other declared entity for the 4
scheme stops or intends to stop the production or supply of 5
recycled water under the scheme, other than as provided for 6
under the recycled water management plan or permanently, 7
the scheme manager for the scheme must as soon as 8
practicable give the regulator notice of the stoppage or 9
proposed stoppage. 10
(6) If a recycled water provider or other declared entity for the 11
scheme becomes aware that an entity to whom the provider or 12
declared entity supplies recycled water is using the water 13
other than in a way or for the purpose provided for under the 14
plan, the provider or declared entity must stop supply of the 15
water to the entity. 16
Note-- 17
For when a notice must be given to the regulator if supply of recycled 18
water is to stop permanently, see section 230. 19
209 Amending recycled water management plan by 20
agreement 21
(1) The relevant entity for a recycled water scheme may, with the 22
regulator's agreement, amend the recycled water management 23
plan for the scheme if the amendment-- 24
(a) is only to correct a minor error in the plan or make 25
another change that is not a change of substance; or 26
(b) is to record a change of name or change of ownership 27
of-- 28
(i) for a single-entity recycled water scheme--the 29
recycled water provider for the scheme; or 30
(ii) for a multiple-entity recycled water scheme--the 31
scheme manager, a recycled water provider or 32
other declared entity for the scheme. 33
Page 126
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 210]
(2) The recycled water management plan as amended is taken to 1
be the approved recycled water management plan. 2
210 Amendment of recycled water management plan for 3
single-entity recycled water scheme--requirement of 4
regulator 5
(1) The regulator may, under this section, require the recycled 6
water provider for a single-entity recycled water scheme to 7
amend the recycled water management plan for the scheme if 8
the regulator is satisfied the amendment is required-- 9
(a) to protect public health; or 10
(b) if the scheme is a critical recycled water scheme--to 11
ensure the continuity of operation of the scheme. 12
(2) Before requiring the recycled water provider to amend the 13
recycled water management plan, the regulator must give the 14
provider a show cause notice about the proposed amendment. 15
(3) If, after considering all properly made submissions about the 16
proposed amendment, the regulator decides the proposed 17
amendment should be made, the regulator must-- 18
(a) give the recycled water provider a notice requiring the 19
provider-- 20
(i) to amend the recycled water management plan in 21
the way stated in the notice; and 22
(ii) to give the regulator, within the reasonable period 23
of at least 30 business days stated in the notice, a 24
copy of the amended plan for approval; and 25
(b) give the provider an information notice for the decision. 26
(4) The recycled water provider must comply with the notice 27
mentioned in subsection (3)(a). 28
Maximum penalty--1665 penalty units. 29
(5) If the regulator is satisfied the recycled water management 30
plan has been amended in the way stated in the notice 31
mentioned in subsection (3)(a)-- 32
Page 127
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 211]
(a) the plan as amended is taken to be the approved plan; 1
and 2
(b) the regulator must give the recycled water provider 3
notice that the plan as amended is taken to be the 4
approved plan. 5
(6) The amended recycled water management plan takes effect 6
from the day the notice mentioned in subsection (5)(b) is 7
given to the recycled water provider. 8
(7) If, after considering all properly made submissions about the 9
proposed amendment, the regulator decides the proposed 10
amendment should not be made, the regulator must give the 11
recycled water provider notice that the plan need not be 12
amended. 13
211 Amendment of recycled water management plan for 14
multiple-entity recycled water scheme--requirement of 15
regulator 16
(1) The regulator may, under this section, require a scheme 17
manager or a declared entity for a multiple-entity recycled 18
water scheme to amend the manager's scheme manager plan 19
or the entity's scheme provider plan for the scheme if the 20
regulator is satisfied the amendment is required-- 21
(a) to protect public health; or 22
(b) if the scheme is a critical recycled water scheme--to 23
ensure the continuity of operation of the scheme. 24
(2) Before requiring the scheme manager or declared entity to 25
amend the scheme manager plan or scheme provider plan, the 26
regulator must-- 27
(a) give the manager or entity a show cause notice about the 28
proposed amendment; and 29
(b) give a copy of the show cause notice to-- 30
(i) for an amendment to a scheme manager 31
plan--each declared entity for the scheme; and 32
Page 128
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 211]
(ii) for an amendment to a scheme provider plan--the 1
scheme manager for the scheme and any other 2
declared entity for the scheme. 3
(3) If, after considering all properly made submissions about the 4
proposed amendment, the regulator decides the proposed 5
amendment should be made, the regulator must-- 6
(a) give the scheme manager or declared entity a notice 7
requiring the manager or entity to amend the manager's 8
or entity's scheme manager plan or scheme provider 9
plan in the way stated in the notice; and 10
(b) give the scheme manager or declared entity, and any 11
other entity that gave the regulator a properly made 12
submission about the amendment, an information notice 13
for the decision. 14
(4) The scheme manager or declared entity must comply with the 15
notice mentioned in subsection (3)(a). 16
Maximum penalty--1665 penalty units. 17
(5) If a scheme manager plan or scheme provider plan for a 18
multiple-entity recycled water scheme is amended as required 19
under this section, the scheme manager for the scheme must 20
as soon as practicable give the regulator a copy of the 21
amended recycled water management plan for the scheme. 22
Maximum penalty--200 penalty units. 23
Note-- 24
A recycled water management plan for a multiple-entity recycled water 25
scheme consists of the scheme manager plan, and each scheme provider 26
plan, for the scheme. 27
(6) If the regulator is satisfied the recycled water management 28
plan has been amended in the way stated in the notice 29
mentioned in subsection (3)(a)-- 30
(a) the plan as amended is taken to be the approved plan; 31
and 32
(b) the regulator must give the scheme manager for the 33
recycled water scheme to which the plan relates notice 34
Page 129
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 212]
that the plan as amended is taken to be the approved 1
plan. 2
(7) The amended recycled water management plan takes effect 3
from the day the notice mentioned in subsection (6)(b) is 4
given to the scheme manager. 5
(8) If, after considering all properly made submissions about the 6
proposed amendment, the regulator decides the proposed 7
amendment should not be made, the regulator must give the 8
scheme manager and each declared entity for the scheme 9
notice that the plan need not be amended. 10
212 Amendment of recycled water management 11
plan--application 12
(1) This section applies if a recycled water management plan for a 13
recycled water scheme is proposed to be amended other than 14
under section 209, 210 or 211. 15
(2) The relevant entity for the recycled water scheme must apply 16
to the regulator for approval of the proposed amended 17
recycled water management plan. 18
(3) Sections 202(2), (3) and (4), and 203 to 208 apply to the 19
application-- 20
(a) as if a reference in the sections to the recycled water 21
management plan were a reference to the amended 22
recycled water management plan; and 23
(b) as if a reference in the sections to the plan were a 24
reference to the amended plan. 25
213 Suspending or cancelling recycled water management 26
plan if regulator is satisfied about particular matters 27
(1) The regulator may suspend or cancel a recycled water 28
management plan (the proposed action) if the regulator is 29
satisfied or reasonably believes the relevant entity or a 30
declared entity (each the responsible entity) for the recycled 31
Page 130
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 213]
water scheme to which the plan relates has not complied 1
with-- 2
(a) the plan; or 3
(b) a condition of the plan; or 4
(c) a compliance notice. 5
(2) Before acting under subsection (1), the regulator must-- 6
(a) give the responsible entity a show cause notice about the 7
proposed action; and 8
(b) for a multiple-entity recycled water scheme, give a copy 9
of the show cause notice to-- 10
(i) the scheme manager for the scheme, if the scheme 11
manager is not the responsible entity; and 12
(ii) each declared entity for the scheme that is not the 13
responsible entity. 14
(3) If, after considering any properly made submissions about the 15
proposed action, the regulator decides the proposed action 16
should be taken, the regulator may-- 17
(a) if the proposed action was to suspend the recycled water 18
management plan--suspend the plan; or 19
(b) if the proposed action was to cancel the plan--either 20
cancel the plan or suspend it. 21
(4) If a recycled water management plan is suspended under this 22
section, the suspension ends when the resumption of supply of 23
recycled water under the recycled water scheme to which the 24
plan relates is taken to be approved under section 215. 25
(5) Within 10 business days after making a decision under 26
subsection (3), the regulator must give an information notice 27
for the decision to-- 28
(a) if the recycled water management plan is for a 29
single-entity recycled water scheme--the recycled water 30
provider for the scheme; or 31
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Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 214]
(b) if the recycled water management plan is for a 1
multiple-entity recycled water scheme--the scheme 2
manager for the scheme. 3
(6) If, after considering any properly made submissions about the 4
proposed action, the regulator decides the proposed action 5
should not be taken, the regulator must give notice of the 6
decision to-- 7
(a) if the recycled water management plan is for a 8
single-entity recycled water scheme--the recycled water 9
provider for the scheme; or 10
(b) if the recycled water management plan is for a 11
multiple-entity recycled water scheme--the scheme 12
manager for the scheme. 13
(7) The notice under subsection (6) must be given within 10 14
business days after the decision is made. 15
(8) A decision under subsection (3) takes effect on the day the 16
information notice for the decision is given. 17
214 Suspending recycled water management plan if 18
production or supply of recycled water stops 19
(1) The regulator may, by notice given to the relevant entity for a 20
recycled water scheme, suspend the recycled water 21
management plan for the scheme if the regulator-- 22
(a) has received notice under section 208 that the 23
production or supply of recycled water under the 24
scheme has stopped or is to stop; and 25
(b) is satisfied the production or supply of recycled water 26
under the scheme has stopped. 27
(2) If a recycled water management plan is suspended under this 28
section, the suspension ends when the resumption of supply of 29
recycled water under the recycled water scheme to which the 30
plan relates is taken to be approved under section 215. 31
(3) The suspension takes effect on the day the notice is given. 32
Page 132
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Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 215]
215 Application to resume supply 1
(1) If a recycled water management plan has been suspended 2
under this part, the relevant entity for the recycled water 3
scheme to which the plan relates may apply to the regulator 4
for an approval to resume supply of recycled water under the 5
scheme. 6
(2) The application must-- 7
(a) be in the approved form; and 8
(b) be supported by enough information to enable the 9
regulator to decide the application; and 10
(c) be accompanied by the fee prescribed under a 11
regulation. 12
(3) Sections 203 and 204 apply to the application-- 13
(a) as if a reference in the sections to the recycled water 14
management plan were a reference to the suspended 15
recycled water management plan; and 16
(b) as if a reference in the sections to the plan were a 17
reference to the suspended plan. 18
(4) After considering the application, and any matter the regulator 19
considers relevant to the application, the regulator must as 20
soon as practicable decide-- 21
(a) to approve the application without conditions; or 22
(b) to approve the application on the condition that-- 23
(i) the validation program for the scheme is 24
undertaken; and 25
(ii) the testing of plant and equipment under the 26
program shows the quality of the scheme's 27
recycled water consistently meets the water quality 28
criteria for recycled water relevant to the scheme; 29
and 30
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Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 215]
(iii) the relevant entity for the scheme gives the 1
regulator evidence, satisfactory to the regulator, of 2
the matter mentioned in subparagraph (ii); or 3
(c) for a recycled water scheme that is a single-entity 4
recycled water scheme--to refuse to approve the 5
application, and direct the recycled water provider for 6
the scheme-- 7
(i) to amend the recycled water management plan for 8
the scheme in the way the regulator considers 9
appropriate; and 10
(ii) apply to the regulator, under this part, for approval 11
of the amended plan; or 12
(d) for a recycled water scheme that is a multiple-entity 13
recycled water scheme--to refuse to approve the 14
application, and direct-- 15
(i) the scheme manager or a declared entity for the 16
scheme to amend the scheme manager's scheme 17
manager plan or the entity's scheme provider plan 18
for the scheme in the way the regulator considers 19
appropriate; and 20
(ii) the scheme manager to apply to the regulator, 21
under this part, for approval of the amended 22
recycled water management plan for the scheme; 23
or 24
(e) to refuse to approve the application. 25
(5) Within 10 business days after deciding the application, the 26
regulator must give the relevant entity-- 27
(a) if the decision is to approve the application under 28
subsection (4)(a)--notice of the decision; and 29
(b) if the decision is to approve the application under 30
subsection (4)(b), or refuse to approve the application 31
under subsection (4)(c), (d) or (e)--an information 32
notice for the decision. 33
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Chapter 3 Recycled water management
Part 2 Recycled water management planning
[s 215]
(6) The resumption of supply of recycled water under the 1
recycled water scheme is taken to be approved under this 2
section-- 3
(a) if the decision is to approve the application under 4
subsection (4)(a)--when the notice of the decision is 5
given to the relevant entity; or 6
(b) if the decision is to approve the application under 7
subsection (4)(b)--when the regulator gives the relevant 8
entity a notice stating the regulator is satisfied the 9
testing of plant and equipment under the validation 10
program for the scheme shows the quality of the 11
scheme's recycled water consistently meets the water 12
quality criteria for recycled water relevant to the 13
scheme; or 14
(c) if the decision is to refuse to approve the application 15
under subsection (4)(c) or (d)--when the amended 16
recycled water management plan for the scheme has 17
been approved under this part. 18
(7) Sections 202(2), (3) and (4), and 203 to 208 apply to an 19
application for approval of the amended plan-- 20
(a) as if a reference in the sections to the recycled water 21
management plan were a reference to the amended 22
recycled water management plan; and 23
(b) as if a reference in the sections to the plan were a 24
reference to the amended plan. 25
216 Sections 216-229 not used 26
See editor's note for section 1. 27
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Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 3 Notice about permanently stopping supply of recycled water
[s 230]
Part 3 Notice about permanently 1
stopping supply of recycled 2
water 3
230 Notice about permanently stopping supply of recycled 4
water 5
(1) Subsection (2) applies if a recycled water provider for a 6
recycled water scheme that is not a critical recycled water 7
scheme proposes to permanently stop the supply of recycled 8
water under the scheme. 9
(2) The recycled water provider must give the regulator notice of 10
the proposed stoppage at least 30 days before supply of the 11
recycled water is stopped, unless the provider has a reasonable 12
excuse for not giving the notice. 13
Maximum penalty--200 penalty units. 14
(3) Subsection (4) applies if-- 15
(a) a recycled water provider or other declared entity for a 16
critical recycled water scheme proposes to permanently 17
stop the supply of recycled water by the provider or 18
entity under the scheme; and 19
(b) there is no other entity willing to take over the operation 20
of all or part of the scheme to ensure the continued 21
production and supply of recycled water under the 22
scheme. 23
(4) The relevant entity for the critical recycled water scheme must 24
give the regulator notice of the proposed stoppage at least 60 25
days before supply of the recycled water is stopped, unless the 26
relevant entity has a reasonable excuse for not giving the 27
notice. 28
Maximum penalty--1665 penalty units. 29
(5) A notice under subsection (2) or (4) must-- 30
(a) be in the approved form; and 31
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Chapter 3 Recycled water management
Part 3 Notice about permanently stopping supply of recycled water
[s 231]
(b) state the day by which the supply of recycled water is 1
proposed to stop. 2
(6) The regulator may require-- 3
(a) the relevant entity for the recycled water scheme to give 4
the regulator additional information about the notice; or 5
(b) any information included in the notice, or any additional 6
information required under paragraph (a), to be verified 7
by statutory declaration. 8
(7) If the relevant entity fails, without reasonable excuse, to 9
comply with a requirement under subsection (6) within the 10
reasonable period stated in the notice, the notice given by the 11
entity under subsection (2) or (4) is of no effect. 12
(8) If the supply of recycled water under the recycled water 13
scheme continues after the day stated in the notice, the notice 14
ceases to have effect as a notice given under subsection (2) or 15
(4). 16
(9) If the supply of the recycled water under the recycled water 17
scheme stops, the relevant entity for the recycled water 18
scheme must give the regulator notice of the stoppage within 5 19
days after the supply stops. 20
(10) The notice must-- 21
(a) be in the approved form; and 22
(b) state the day on which the supply of recycled water 23
stopped. 24
(11) In this section-- 25
relevant entity, in relation to a multiple-entity recycled water 26
scheme, includes any recycled water provider or other 27
declared entity for the scheme. 28
231 Cancelling recycled water management plan on receipt of 29
notice under s 230 30
If the regulator receives a notice under section 230(5), the 31
regulator may-- 32
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Chapter 3 Recycled water management
Part 4 Validation programs
[s 235]
(a) cancel the recycled water management plan for the 1
recycled water scheme to which the notice relates; and 2
(b) give the relevant entity for the scheme notice of the 3
cancellation. 4
232 Sections 232-234 not used 5
See editor's note for section 1. 6
Part 4 Validation programs 7
235 Application of pt 4 8
This part applies to a recycled water scheme if recycled water 9
is proposed to be supplied under the scheme to augment a 10
supply of drinking water. 11
236 Preparing validation program 12
(1) If the recycled water scheme is a single-entity recycled water 13
scheme, the recycled water provider for the scheme must 14
prepare a validation program for the scheme for approval by 15
the regulator. 16
(2) If the recycled water scheme is a multiple-entity recycled 17
water scheme, the scheme manager and each declared entity 18
for the scheme must prepare a validation program for the 19
scheme for approval by the regulator. 20
(3) The validation program must-- 21
(a) describe the recycled water scheme to which the 22
program relates; and 23
(b) describe the infrastructure for the production and supply 24
of recycled water under the scheme; and 25
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Chapter 3 Recycled water management
Part 4 Validation programs
[s 237]
(c) be prepared in accordance with the guidelines, if any, 1
made by the regulator about validating recycled water 2
schemes. 3
237 Application for approval of validation program 4
(1) The relevant entity for the recycled water scheme must apply 5
to the regulator for approval of the validation program. 6
(2) The application must-- 7
(a) be in the approved form; and 8
(b) be accompanied by-- 9
(i) a copy of the validation program; and 10
(ii) the fee prescribed under a regulation. 11
238 Additional information may be required 12
(1) The regulator may, by notice given to the relevant entity, 13
require-- 14
(a) the entity to give additional information about the 15
validation program; or 16
(b) any information included in the program, or any 17
additional information required under paragraph (a), to 18
be verified by statutory declaration. 19
(2) If the relevant entity fails, without reasonable excuse, to 20
comply with the requirement within the reasonable period 21
stated in the notice, the application is taken to have been 22
withdrawn. 23
(3) A requirement under this section is an information 24
requirement. 25
(4) In this section-- 26
relevant entity, in relation to a multiple-entity recycled water 27
scheme, includes any recycled water provider or other 28
declared entity for the scheme. 29
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Chapter 3 Recycled water management
Part 4 Validation programs
[s 239]
239 Regulator may obtain advice about application 1
The regulator may obtain advice from an advisory council or 2
any other entity the regulator considers appropriate before 3
deciding the application. 4
240 Consideration of application 5
(1) The regulator must consider the application and decide to 6
approve, with or without conditions, or refuse to approve, the 7
validation program-- 8
(a) if an information requirement is not made in relation to 9
the program--30 business days after receiving the 10
program; or 11
(b) if an information requirement is made in relation to the 12
program--30 business days after the requirement has 13
been complied with. 14
(2) In considering whether to approve the validation program, the 15
regulator must have regard to-- 16
(a) the program and any additional information about the 17
program given to the regulator under section 238; and 18
(b) the guidelines, if any, made by the regulator about 19
validating recycled water schemes; and 20
(c) any advice received by the regulator under section 239; 21
and 22
(d) the water quality criteria for recycled water. 23
241 Notice of decision 24
Within 10 business days after deciding the application, the 25
regulator must give the relevant entity-- 26
(a) if the decision is to approve the validation program 27
without conditions--notice of the decision; or 28
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Chapter 3 Recycled water management
Part 5 Exemptions
[s 242]
(b) if the decision is to approve the validation program with 1
conditions, or to refuse to approve the validation 2
program--an information notice for the decision. 3
242 Amendment of validation program 4
(1) This section applies if the relevant entity for a recycled water 5
scheme proposes to amend the approved validation program 6
for the scheme. 7
(2) The relevant entity must apply to the regulator for approval of 8
the proposed amended validation program. 9
(3) Sections 237(2) and 238 to 241 apply to the application-- 10
(a) as if a reference in the sections to the validation program 11
were a reference to the amended validation program; 12
and 13
(b) as if a reference in the sections to the program were a 14
reference to the amended program. 15
243 Sections 243-249 not used 16
See editor's note for section 1. 17
Part 5 Exemptions 18
250 Application for exemption 19
(1) The recycled water provider for a recycled water scheme that 20
is not a critical recycled water scheme may apply to the 21
regulator for an exemption from having an approved recycled 22
water management plan for the scheme. 23
(2) The application must-- 24
(a) be in the approved form; and 25
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Chapter 3 Recycled water management
Part 5 Exemptions
[s 251]
(b) be accompanied by the information or documents 1
required to be given under the guidelines, if any, made 2
by the regulator about applying for an exemption; and 3
(c) be supported by enough information to enable the 4
regulator to decide the application; and 5
(d) be accompanied by the fee prescribed under a 6
regulation. 7
251 Additional information may be required 8
(1) The regulator may, by notice given to the recycled water 9
provider, require-- 10
(a) the recycled water provider to give the regulator 11
additional information about the application, including, 12
for example, information about arrangements relating to 13
the supply of recycled water under the scheme; or 14
(b) any information included in the application, or any 15
additional information required under paragraph (a), to 16
be verified by statutory declaration. 17
(2) If the recycled water provider fails, without reasonable 18
excuse, to comply with the requirement, within the reasonable 19
period of at least 30 business days stated in the notice, the 20
application is taken to have been withdrawn. 21
(3) A requirement under this section is an information 22
requirement. 23
252 Regulator may obtain advice about application 24
The regulator may obtain advice from an advisory council or 25
any other entity the regulator considers appropriate before 26
deciding the application. 27
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Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 5 Exemptions
[s 253]
253 Consideration of application 1
(1) The regulator must consider the application and decide to 2
grant, with or without conditions (regulator conditions), or 3
refuse to grant, the exemption-- 4
(a) if an information requirement is not made in relation to 5
the application--within 60 business days after receiving 6
the application; or 7
(b) if an information requirement is made in relation to the 8
application--within 60 business days after the 9
requirement has been complied with. 10
(2) In considering whether to grant the application, the regulator 11
must have regard to-- 12
(a) the application and any additional information received 13
under section 251; and 14
(b) the guidelines, if any, made by the regulator about 15
granting exemptions under this part and validating 16
recycled water schemes; and 17
(c) any advice obtained by the regulator under section 252; 18
and 19
(d) the water quality criteria for recycled water. 20
254 Notice of decision 21
(1) Within 10 business days after deciding the application, the 22
regulator must give the recycled water provider -- 23
(a) if the decision is to grant the exemption without 24
regulator conditions--notice of the decision; and 25
(b) if the decision is to grant the exemption with regulator 26
conditions, or to refuse to grant the exemption--an 27
information notice for the decision. 28
(2) If the regulator grants the exemption, the notice of the 29
decision or information notice for the decision must state the 30
conditions of the exemption. 31
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Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 5 Exemptions
[s 255]
255 Duration of exemption 1
An exemption applies for the period, of not more than 5 years, 2
for which it is granted. 3
256 Provision about conditions of exemption 4
(1) It is a condition of each exemption that, if the recycled water 5
provider for the recycled water scheme to which the 6
exemption relates becomes aware that an entity to whom the 7
provider supplies recycled water is using the water other than 8
in a way or for the purpose provided for under the exemption, 9
the provider must stop supply of the water to the entity. 10
(2) A regulator condition for an exemption may be about the 11
water quality criteria required to be met by the recycled water 12
provider in supplying recycled water. 13
(3) Subsection (2) does not limit the regulator conditions that may 14
be imposed on an exemption. 15
(4) An exemption applies only if the recycled water provider 16
complies with the conditions of the exemption. 17
257 Cancelling or amending exemption 18
(1) If the circumstances under which an exemption was given 19
change, the recycled water provider must immediately give 20
the regulator notice of the change. 21
(2) The regulator may amend or cancel an exemption-- 22
(a) after receiving notice under subsection (1); or 23
(b) if the regulator otherwise becomes aware of a change in 24
the circumstances under which an exemption was given; 25
or 26
(c) if the regulator is satisfied the recycled water provider 27
has not complied with a condition of the exemption. 28
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 258]
(3) If the regulator decides to amend or cancel an exemption, the 1
regulator must give the recycled water provider an 2
information notice for the decision. 3
Part 6 Reviews and audits of recycled 4
water management plans 5
258 Reviewing recycled water management plans 6
(1) The recycled water provider for a single-entity recycled water 7
scheme must review the approved recycled water management 8
plan for the scheme at the intervals for conducting regular 9
reviews stated in the notice about the plan given under section 10
206(2). 11
Maximum penalty--500 penalty units. 12
(2) The scheme manager for a multiple-entity recycled water 13
scheme must arrange for a review of the approved recycled 14
water management plan for the scheme at the intervals for 15
conducting regular reviews stated in the notice about the plan 16
given under section 206(2). 17
Maximum penalty--500 penalty units. 18
(3) The purpose of a review mentioned in subsection (1) or (2) is 19
to ensure the recycled water management plan remains 20
relevant having regard to-- 21
(a) the operation of the recycled water scheme to which it 22
relates; and 23
(b) the water quality criteria for recycled water relevant to 24
the scheme; and 25
(c) best practice industry standards for the production and 26
supply of recycled water. 27
Page 145
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 259]
259 Changing plan after review 1
(1) This section applies if a review of a recycled water 2
management plan indicates the plan should be changed to 3
reflect-- 4
(a) the operation of the recycled water scheme to which it 5
relates; or 6
(b) the water quality criteria for recycled water relevant to 7
the scheme; or 8
(c) best practice industry standards for the production and 9
supply of recycled water. 10
(2) If the recycled water scheme is a single-entity recycled water 11
scheme, the recycled water provider for the scheme must, 12
within 60 business days after the review ends-- 13
(a) amend the recycled water management plan for the 14
scheme to reflect the matters mentioned in subsection 15
(1); and 16
(b) apply to the regulator for approval of the amended plan. 17
Maximum penalty--200 penalty units. 18
(3) If the recycled water scheme is a multiple-entity recycled 19
water scheme-- 20
(a) the scheme manager for the scheme must, within 60 21
business days after the review ends, amend the 22
manager's scheme manager plan for the scheme to the 23
extent necessary to reflect the matters mentioned in 24
subsection (1); and 25
(b) each declared entity for the scheme must, within 60 26
business days after the review ends, amend the entity's 27
scheme provider plan for the scheme to the extent 28
necessary to reflect the matters mentioned in subsection 29
(1). 30
Maximum penalty--200 penalty units. 31
(4) If a scheme manager plan or scheme provider plan for a 32
multiple-entity recycled water scheme is amended under 33
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 260]
subsection (3), the scheme manager for the scheme must as 1
soon as practicable apply to the regulator for approval of the 2
amended recycled water management plan for the scheme. 3
Maximum penalty--200 penalty units. 4
(5) An amended recycled water management plan must indicate 5
the way the plan has been amended to reflect the matters 6
mentioned in subsection (1). 7
(6) Sections 202(2), (3) and (4), and 203 to 208 apply to an 8
application under this section-- 9
(a) as if a reference in the sections to the recycled water 10
management plan were a reference to the amended 11
recycled water management plan; and 12
(b) as if a reference in the sections to the plan were a 13
reference to the amended plan. 14
260 Providing internal audit reports 15
(1) The recycled water provider for a single-entity recycled water 16
scheme must arrange for internal audit reports about the 17
provider's approved recycled water management plan, and 18
compliance with the plan and its conditions, to be prepared 19
and given to the regulator under this section. 20
Maximum penalty--500 penalty units. 21
(2) The scheme manager for a multiple-entity recycled water 22
scheme must arrange for internal audit reports about the 23
approved recycled water management plan, and compliance 24
with the plan and its conditions, to be prepared and given to 25
the regulator under this section. 26
Maximum penalty--500 penalty units. 27
(3) For the preparation of a report, an internal audit of the 28
recycled water management plan, and compliance with the 29
plan and its conditions, must be conducted at the intervals for 30
conducting internal audits stated in the notice about the plan 31
given under section 206(2). 32
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Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 261]
(4) The purpose of an internal audit is to assess compliance with 1
the approved recycled water management plan and the 2
conditions of the plan. 3
(5) The internal audit report must-- 4
(a) be prepared by a suitably qualified person; and 5
(b) be prepared in accordance with the guidelines, if any, 6
about preparing internal audit reports under this section; 7
and 8
(c) be given to the regulator within 30 business days after 9
the report is completed; and 10
(d) if the report shows there has been noncompliance with 11
the recycled water management plan to which it relates, 12
or the conditions of the plan--state the actions taken or 13
planned to be taken in relation to the noncompliance. 14
261 Providing regular audit reports 15
(1) The recycled water provider for a single-entity recycled water 16
scheme must arrange for regular audit reports about the plan, 17
and compliance with the plan and its conditions, to be 18
prepared and given to the regulator under this section. 19
Maximum penalty--500 penalty units. 20
(2) The scheme manager for a multiple-entity recycled water 21
scheme must arrange for regular audit reports about the plan, 22
and compliance with the plan and its conditions, to be 23
prepared and given to the regulator under this section. 24
Maximum penalty--500 penalty units. 25
(3) For the preparation of a report, an audit of the recycled water 26
management plan, and compliance with the plan and its 27
conditions, must be conducted at the intervals for conducting 28
regular audits stated in the notice about the plan given under 29
section 206(2). 30
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 262]
(4) The purpose of a regular audit is to assess compliance with the 1
approved recycled water management plan and the conditions 2
of the plan. 3
(5) The regular audit report must-- 4
(a) be prepared by a suitably qualified person who is not an 5
employee of-- 6
(i) for a single-entity recycled water scheme--the 7
recycled water provider for the scheme; or 8
(ii) for a multiple-entity recycled water scheme--the 9
scheme manager, or a declared entity, for the 10
scheme; and 11
(b) be prepared in accordance with the guidelines, if any, 12
about preparing regular audit reports under this section; 13
and 14
(c) be given to the regulator within 30 business days after 15
the report is completed; and 16
(d) if the report shows there has been noncompliance with 17
the recycled water management plan to which it relates, 18
or the conditions of the plan--state the actions taken or 19
planned to be taken in relation to the noncompliance. 20
262 Spot audits 21
(1) Subsection (2) applies if the regulator is satisfied or 22
reasonably believes-- 23
(a) the scheme manager, or a recycled water provider or 24
other declared entity, for a recycled water scheme is not 25
complying, or has not complied, with the recycled water 26
management plan for the scheme or the conditions of 27
the plan; or 28
(b) the approved recycled water management plan for the 29
scheme is no longer adequate. 30
(2) The regulator may arrange for a spot audit report to be 31
prepared about the recycled water management plan. 32
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 262]
(3) Before arranging for a spot audit report to be prepared 1
because of the matter mentioned in subsection (1)(b), the 2
regulator-- 3
(a) must give a show cause notice about the proposed spot 4
audit to-- 5
(i) if the recycled water management plan is for a 6
single-entity recycled water scheme--the recycled 7
water provider for the scheme; or 8
(ii) if the recycled water management plan is for a 9
multiple-entity recycled water scheme--the 10
scheme manager and each declared entity for the 11
scheme; and 12
(b) consider all properly made submissions about the 13
proposed spot audit. 14
(4) The spot audit report may be prepared by the regulator or a 15
suitably qualified person appointed by the regulator. 16
(5) The spot audit report must be prepared in accordance with the 17
guidelines, if any, about preparing spot audit reports under 18
this section. 19
(6) Within 30 business days after the spot audit report is 20
completed, the regulator must give a copy of the report to-- 21
(a) if the report relates to a single-entity recycled water 22
scheme--the recycled water provider for the scheme; or 23
(b) if the report relates to a multiple-entity recycled water 24
scheme--the scheme manager for the scheme. 25
(7) Subsection (8) applies if the spot audit report states either or 26
both of the following-- 27
(a) the recycled water management plan for the recycled 28
water scheme is inadequate in a material particular; 29
(b) the scheme manager, or recycled water provider or other 30
declared entity, for the recycled water scheme (the 31
responsible entity) has not properly carried out the plan 32
to the extent it applies to the responsible entity. 33
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 263]
(8) The regulator must give the responsible entity an information 1
notice requiring the entity, within the reasonable period stated 2
in the notice, to-- 3
(a) if subsection (7)(a) applies--rectify the inadequacy; or 4
(b) if subsection (7)(b) applies--properly carry out the plan. 5
(9) The responsible entity must comply with the notice, unless the 6
responsible entity has a reasonable excuse. 7
Maximum penalty--1665 penalty units. 8
(10) The regulator may recover an amount equal to the cost of 9
completing the spot audit report from-- 10
(a) if the report relates to a single-entity recycled water 11
scheme--the recycled water provider for the scheme; or 12
(b) if the report relates to a multiple-entity recycled water 13
scheme--the scheme manager, and any recycled water 14
providers or other declared entities, for the scheme. 15
263 Auditor's responsibility to inform regulator 16
(1) This section applies if, in conducting an audit about a recycled 17
water management plan, an auditor forms a reasonable belief 18
that-- 19
(a) a following entity has not, or is not, complying with the 20
plan or a condition of the plan-- 21
(i) for a plan for a single-entity recycled water 22
scheme--the recycled water provider for the 23
scheme; 24
(ii) for a plan for a multiple-entity recycled water 25
scheme--the scheme manager, or a recycled water 26
provider or other declared entity, for the scheme; 27
and 28
(b) the noncompliance is likely to have an imminent and 29
serious adverse affect on public health. 30
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Chapter 3 Recycled water management
Part 6 Reviews and audits of recycled water management plans
[s 264]
(2) The auditor must immediately give details of the facts and 1
circumstances giving rise to the belief to the regulator, 2
Maximum penalty--1665 penalty units. 3
(3) If the auditor complies with subsection (2) by giving the 4
regulator the details orally, the auditor must, as soon as 5
practicable after giving the details orally, give the regulator 6
notice of the details. 7
Maximum penalty--200 penalty units. 8
264 Declarations about audit reports 9
(1) An audit report given to the regulator under this part must be 10
accompanied by a statutory declaration by the auditor. 11
(2) The auditor's declaration must-- 12
(a) state the auditor's qualifications and experience relevant 13
to the audit; and 14
(b) state that the auditor has not knowingly included any 15
false, misleading or incomplete information or 16
document to the regulator; and 17
(c) state that the auditor has not knowingly failed to reveal 18
any relevant information or document to the regulator; 19
and 20
(d) certify that-- 21
(i) the report addresses the matters relevant to the 22
audit to which it relates, and is factually correct; 23
and 24
(ii) the opinions expressed in it are honestly and 25
reasonably held. 26
265 Access for conducting audits 27
(1) For conducting an audit under this part, the relevant entity and 28
any declared entity for a recycled water scheme must give the 29
auditor, and any person employed or authorised by the auditor 30
Page 152
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 7 Reporting requirements and annual reports
[s 270]
to participate in conducting the audit, free and uninterrupted 1
access to the infrastructure forming part of the scheme and 2
any records relating to the infrastructure. 3
Maximum penalty--200 penalty units. 4
(2) However, the auditor, and any person employed or authorised 5
by the auditor to participate in conducting the audit, must not 6
enter the premises of a person other than the relevant entity or 7
a declared entity for the recycled water scheme unless the 8
person agrees to the entry. 9
266 Sections 266-269 not used 10
See editor's note for section 1. 11
Part 7 Reporting requirements and 12
annual reports 13
270 Notice of particular matter 14
(1) This section applies if a scheme manager, or a recycled water 15
provider or other declared entity, (the responsible entity) for a 16
recycled water scheme becomes aware that the quality of 17
water produced or supplied under the scheme does not comply 18
with the recycled water management plan for the scheme to 19
the extent the water's quality under the plan must be 20
consistent with any water quality criteria for recycled water. 21
(2) The responsible entity must, unless the entity has a reasonable 22
excuse, immediately give the regulator details of the 23
noncompliance and the circumstances that gave rise to the 24
noncompliance (the relevant information). 25
Maximum penalty--1665 penalty units. 26
Page 153
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Chapter 3 Recycled water management
Part 7 Reporting requirements and annual reports
[s 271]
(3) It is not a reasonable excuse for the responsible entity to fail to 1
give the relevant information that giving the information 2
might tend to incriminate the entity. 3
(4) However, if the responsible entity is an individual, evidence 4
of, or evidence directly or indirectly derived from, the relevant 5
information that might tend to incriminate the entity is not 6
admissible in evidence against the entity in a civil or criminal 7
proceeding, other than a proceeding for an offence about the 8
falsity of the information. 9
(5) If the responsible entity complies with subsection (2) by 10
giving the regulator the relevant information orally, the entity 11
must as soon as practicable give the regulator notice of the 12
relevant information in the approved form. 13
Maximum penalty--200 penalty units. 14
271 Annual reporting requirement 15
(1) The relevant entity for a recycled water scheme must prepare 16
an annual report for each financial year after a recycled water 17
management plan for the scheme has been approved or an 18
exemption for the scheme has been granted. 19
(2) The annual report must-- 20
(a) be prepared in accordance with the guidelines, if any, 21
made by the regulator about the preparation of annual 22
reports; and 23
(b) if the annual report is for a recycled water scheme for 24
which there is an approved recycled water management 25
plan-- 26
(i) state the outcome of any review of the recycled 27
water management plan in the financial year to 28
which the annual report relates, and how the 29
matters raised in the review have been addressed; 30
and 31
Page 154
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 300]
(ii) contain a summary of the findings of, and any 1
recommendations stated in, an audit report given to 2
the regulator in the financial year; and 3
(iii) contain a summary of the information given to the 4
regulator under section 270 in the financial year; 5
and 6
(c) if the annual report is for a recycled water scheme for 7
which an exemption has been granted--contain a 8
summary of the information given to the regulator under 9
section 270 in the financial year. 10
(3) The relevant entity must give a copy of the annual report to 11
the regulator within 120 business days after the end of the 12
financial year. 13
Maximum penalty--500 penalty units. 14
(4) If the recycled water provider is a service provider, the annual 15
report may be combined with a report given to the regulator 16
under section 141. 17
272 Sections 272-299 not used 18
See editor's note for section 1. 19
Part 8 Declaration of critical recycled 20
water schemes 21
300 Meaning of scheme manager for a recycled water scheme 22
The scheme manager for a multiple-entity recycled water 23
scheme is the entity-- 24
(a) the recycled water providers and other entities declared 25
to be part of the scheme agree is the scheme manager for 26
the scheme; and 27
Page 155
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 301]
(b) either-- 1
(i) stated in the declaration under this part for the 2
scheme to be the scheme manager; or 3
(ii) stated in the notice given under section 307(2). 4
301 Making declaration 5
(1) The regulator may declare a recycled water scheme to be a 6
critical recycled water scheme if the regulator reasonably 7
believes the declaration is necessary-- 8
(a) to maintain continuity of operation of the scheme to 9
meet the essential water supply needs of the community 10
or industry; or 11
(b) to ensure the appropriate management of risks to public 12
health posed by the supply of recycled water under the 13
scheme. 14
(2) Without limiting subsection (1), the regulator must declare a 15
recycled water scheme to be a critical recycled water scheme 16
if-- 17
(a) recycled water is supplied, or proposed to be supplied, 18
under the scheme to augment a supply of drinking 19
water; or 20
(b) under the scheme, at least 500kL of recycled water a day 21
is supplied, or proposed to be supplied, to premises by 22
way of a reticulation system used only to provide 23
recycled water for outdoor use or for use in flushing 24
toilets or in laundries; or 25
(c) under the scheme, at least 5ML of recycled water a day 26
is supplied, or proposed to be supplied, for use in 27
electricity generation. 28
302 Regulator may seek advice about scheme manager 29
Before declaring a recycled water scheme to be a critical 30
recycled water scheme, the regulator may ask the recycled 31
Page 156
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 303]
water providers and other entities proposed to be declared to 1
be part of the scheme to give the regulator a notice about who 2
the providers and entities agree is the scheme manager for the 3
scheme. 4
303 Notice of regulator's intention to make declaration 5
(1) Before declaring a recycled water scheme to be a critical 6
recycled water scheme, the regulator must-- 7
(a) give notice of the regulator's intention to make the 8
declaration to-- 9
(i) if the scheme is a single-entity recycled water 10
scheme--the recycled water provider for the 11
scheme; or 12
(ii) if the scheme is a multiple-entity recycled water 13
scheme--each recycled water provider and other 14
entity the regulator intends to declare to be part of 15
the scheme; and 16
(b) consider all properly made submissions given to the 17
regulator under subsection (3). 18
(2) Subsection (1) does not apply to the declaration of a recycled 19
water scheme if, under section 301(2), the regulator must 20
declare the scheme to be a critical recycled water scheme. 21
(3) The notice must-- 22
(a) describe the recycled water scheme; and 23
(b) describe the infrastructure proposed to be part of the 24
scheme; and 25
(c) state the reasons that the regulator intends to make the 26
declaration; and 27
(d) for a notice about a multiple-entity recycled water 28
scheme-- 29
(i) state each recycled water provider and other entity 30
proposed to be declared to be part of the scheme; 31
and 32
Page 157
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 304]
(ii) if known, state the proposed scheme manager for 1
the scheme; and 2
(e) state the entity to whom the notice is given may, within 3
30 days after receiving the notice, give the regulator a 4
written submission about the proposed declaration. 5
(4) If the notice is about a multiple-entity recycled water scheme 6
and the scheme manager for the scheme is not known when 7
the notice is given, the notice may also state the recycled 8
water provider or other entity may give the regulator advice 9
about who the provider or entity considers should be the 10
scheme manager for the scheme. 11
(5) An entity that is not a recycled water provider may be stated 12
to be part of a multiple-entity recycled water scheme only if 13
the entity owns infrastructure for the supply of recycled water. 14
304 Notice of declaration 15
(1) If the regulator decides to declare a recycled water scheme to 16
be a critical recycled water scheme, the regulator must give 17
notice of the declaration to-- 18
(a) if the scheme is a single-entity recycled water 19
scheme--the recycled water provider for the scheme; or 20
(b) if the scheme is a multiple-entity recycled water 21
scheme-- 22
(i) each recycled water provider and other entity 23
declared to be part of the scheme; and 24
(ii) if known, the scheme manager for the scheme. 25
(2) The notice must-- 26
(a) describe the recycled water scheme; and 27
(b) state the infrastructure that is part of the scheme; and 28
(c) state the reasons that the regulator made the declaration; 29
and 30
Page 158
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 305]
(d) for a declaration for a multiple-entity recycled water 1
scheme--if known, state the entity that is the scheme 2
manager for the scheme and each recycled water 3
provider and other entity declared to be part of the 4
scheme; and 5
(e) state each recycled water provider and other entity 6
declared to be part of the scheme must have a scheme 7
provider plan for the scheme. 8
305 When declaration has effect 9
The declaration has effect on the day the regulator gives 10
notice of the declaration under section 304. 11
306 Review of declaration on request 12
(1) The relevant entity for a critical recycled water scheme may, 13
at any time after 1 year after the declaration of the scheme to 14
be a critical recycled water scheme takes effect, ask the 15
regulator to review the making of the declaration if the 16
relevant entity considers the scheme should not be a critical 17
recycled water scheme. 18
(2) The request must-- 19
(a) be in writing; and 20
(b) be given to the regulator; and 21
(c) state the reasons that the relevant entity considers the 22
scheme should not be a critical recycled water scheme. 23
(3) If the regulator is asked to review a declaration under this 24
section, the regulator must review the declaration. 25
(4) In reviewing the declaration, the regulator may have regard 26
to-- 27
(a) the reasons that the regulator made the declaration; and 28
(b) the stated reasons mentioned in subsection (2)(c); and 29
(c) the matters mentioned in section 301; and 30
Page 159
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 8 Declaration of critical recycled water schemes
[s 307]
(d) any other information the regulator considers relevant. 1
(5) If, after reviewing the declaration, the regulator decides the 2
recycled water scheme to which the declaration relates should 3
continue to be a critical recycled water scheme, the regulator 4
must give the relevant entity for the scheme an information 5
notice for the decision. 6
(6) If, after reviewing the declaration, the regulator decides the 7
recycled water scheme to which the declaration relates should 8
not continue to be a critical recycled water scheme, the 9
regulator must give the relevant entity for the scheme notice of 10
the decision. 11
(7) If the regulator gives a relevant entity a notice under 12
subsection (6), the recycled water scheme to which the notice 13
relates stops being a critical recycled water scheme on the day 14
the notice is given. 15
(8) If a declaration for a critical recycled water scheme is 16
reviewed under this section (the previous review), the relevant 17
entity for the scheme can not ask for another review of the 18
declaration under subsection (1) until at least 1 year after the 19
previous review has ended. 20
307 Requirement to advise regulator about scheme manager 21
(1) This section applies if the scheme manager for a 22
multiple-entity recycled water scheme is not known when the 23
scheme is declared to be a critical recycled water scheme. 24
(2) The recycled water providers and other entities declared to be 25
part of the scheme must, as soon as practicable after the 26
declaration is made, give the regulator notice of who is the 27
scheme manager. 28
308 Sections 308-314 not used 29
See editor's note for section 1. 30
Page 160
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 9 Dispute resolution process for particular critical recycled water schemes
[s 315]
Part 9 Dispute resolution process for 1
particular critical recycled 2
water schemes 3
315 Definitions for pt 9 4
In this part-- 5
dispute means an economic dispute or a non-economic 6
dispute. 7
economic dispute means a dispute between any or all of the 8
parties to a multiple-entity recycled water supply scheme 9
about expenditure relating to the operation of the scheme, 10
including, for example, expenses incurred in preparing 11
recycled water management plans or in installing 12
infrastructure to treat recycled water. 13
non-economic dispute means a dispute, other than an 14
economic dispute, between any or all of the parties to a 15
multiple-entity recycled water supply scheme about matters 16
relating to the operation of the scheme, including, for 17
example, matters relating to a change in water quality criteria 18
for recycled water relevant to the scheme. 19
party, to a multiple-entity recycled water scheme, means the 20
scheme manager, or a recycled water provider or other 21
declared entity, for the scheme. 22
316 Application of pt 9 23
This part applies if-- 24
(a) there is a dispute between any or all of the parties to a 25
multiple-entity recycled water scheme; and 26
(b) there is an approved recycled water management plan 27
for the scheme; and 28
(c) a party to the dispute reasonably believes-- 29
(i) the dispute is unresolved; and 30
Page 161
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Chapter 3 Recycled water management
Part 9 Dispute resolution process for particular critical recycled water schemes
[s 317]
(ii) the dispute is likely to adversely affect public 1
health or the continuity of operation of the scheme 2
unless it is resolved. 3
317 Dispute resolution process 4
(1) To resolve the dispute, the parties to the dispute must follow 5
the process for resolving the dispute prescribed under a 6
regulation. 7
(2) A regulation for subsection (1) may provide for the following 8
matters-- 9
(a) whether the dispute must be dealt with under mediation 10
or arbitration; 11
(b) the appointment of a mediator or arbitrator to resolve the 12
dispute; 13
(c) the mediation or arbitration process required to be 14
followed to resolve the dispute, including, for example, 15
requirements about-- 16
(i) giving documents or other information to the 17
mediator or arbitrator; and 18
(ii) paying the costs of the mediation or arbitration. 19
(3) Subsection (2) does not limit the matters for which the 20
regulation may provide. 21
(4) If a contract between 2 or more parties to the dispute is 22
inconsistent with a regulation under subsection (1), the 23
regulation prevails to the extent of the inconsistency. 24
318 Sections 318-329 not used 25
See editor's note for section 1. 26
Page 162
Water Supply (Safety and Reliability) Bill 2008
Chapter 3 Recycled water management
Part 10 Miscellaneous
[s 330]
Part 10 Miscellaneous 1
330 Notice to local government 2
(1) This section applies if the regulator considers the discharge of 3
trade waste into the sewerage infrastructure of a local 4
government that is a sewerage service provider is likely to 5
adversely effect the quality of recycled water supplied, or 6
proposed to be supplied, under a recycled water scheme. 7
(2) The regulator may give the local government a notice (a trade 8
waste compliance notice) about the discharge of trade waste 9
into the sewerage infrastructure. 10
(3) The notice may-- 11
(a) prohibit the local government from giving a trade waste 12
approval for the discharge of trade waste into its 13
sewerage infrastructure; or 14
(b) state the conditions the local government must impose 15
on a trade waste approval for the discharge of trade 16
waste into its sewerage infrastructure. 17
(4) Without limiting subsection (3)(b), the conditions may be 18
about 1 or more of the following-- 19
(a) the maximum daily quantity of trade waste that may be 20
discharged; 21
(b) the maximum permissible rate of the discharge; 22
(c) the permissible limits for the quality of the trade waste; 23
(d) whether the waste must be treated before being 24
discharged. 25
(5) The local government must comply with the notice. 26
Maximum penalty--1665 penalty units. 27
Page 163
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Chapter 3 Recycled water management
Part 10 Miscellaneous
[s 331]
331 Report about compliance with notice 1
(1) The regulator may, by notice given to a local government that 2
is a sewerage service provider, require the local government to 3
give the regulator a report (a trade waste report) about the 4
actions taken by the local government to comply with a trade 5
waste compliance notice. 6
(2) The local government must give the trade waste report to the 7
regulator within the reasonable period stated in the notice 8
given under subsection (1), and must include in the report the 9
information reasonably required by the regulator. 10
Maximum penalty--1000 penalty units. 11
332 Particular requirement about production or supply of 12
recycled water 13
A recycled water provider must ensure that there are persons 14
engaged in the production or supply of recycled water by the 15
provider who have the qualifications or experience prescribed 16
under a regulation for section 586(2)(d)(ii). 17
Maximum penalty--1665 penalty units. 18
333 Sections 333-339 not used 19
See editor's note for section 1. 20
Page 164
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 340]
Chapter 4 Referable dams and flood 1
mitigation 2
Part 1 Referable dams 3
Division 1 Preliminary 4
340 Definition for pt 1 5
In this part-- 6
water includes any other liquid or a mixture that includes 7
water or any other liquid or suspended solid. 8
341 What is a referable dam 9
(1) A dam is, or a proposed dam after its construction will be, a 10
referable dam if-- 11
(a) a failure impact assessment of the dam, or the proposed 12
dam, is required to be carried out under this part; and 13
(b) the assessment states the dam has, or the proposed dam 14
after its construction will have, a category 1 or category 15
2 failure impact rating; and 16
(c) the chief executive has, under section 349, accepted the 17
assessment. 18
(2) The following are not referable dams-- 19
(a) a dam containing, or a proposed dam that after its 20
construction will contain, hazardous waste; 21
(b) a weir, unless the weir has a variable flow control 22
structure on the crest of the weir. 23
(3) In this section-- 24
hazardous waste means-- 25
Page 165
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 342]
(a) a substance, whether liquid, solid or gaseous, derived 1
by, or resulting from, the processing of minerals that 2
tends to destroy life or impair or endanger health; or 3
(b) ash resulting from the process of power generation. 4
weir means a barrier constructed across a watercourse below 5
the banks of the watercourse that hinders or obstructs the flow 6
of water in the watercourse. 7
342 What is failure impact assessment 8
(1) A failure impact assessment is an assessment certified under 9
this part about the safety of a dam, or a proposed dam-- 10
(a) by a registered professional engineer who is not, for the 11
dam, or the proposed dam-- 12
(i) the owner; or 13
(ii) an employee of the owner; or 14
(iii) the operator; or 15
(iv) an employee of the operator; and 16
(b) in accordance with the guidelines, made by the chief 17
executive, for failure impact assessment of water dams 18
(the failure impact assessment guidelines). 19
(2) The certification must include the engineer's name and 20
registration details. 21
Division 2 Failure impact assessing dams 22
343 When dam must be failure impact assessed 23
(1) A person who proposes to construct a dam must have the dam 24
failure impact assessed if the dam, after its construction, will 25
be more than 8m in height and have-- 26
(a) a storage capacity of more than 500ML; or 27
Page 166
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 344]
(b) a storage capacity of more than 250ML and a catchment 1
area that is more than 3 times its maximum surface area 2
at full supply level. 3
Maximum penalty--1665 penalty units. 4
(2) Also, the chief executive may give the owner of an existing 5
dam, or a dam being constructed, a notice to have the dam 6
failure impact assessed. 7
(3) The chief executive may give the notice only if the chief 8
executive reasonably believes the dam, or the dam after its 9
construction, would have a category 1 or category 2 failure 10
impact rating. 11
(4) In this section-- 12
height, for a dam, means the measurement of the difference in 13
level between the natural bed of the watercourse at the 14
downstream toe of the barrier or, if the barrier is not across a 15
watercourse, between the lowest elevation of the outside limit 16
of the barrier of the dam and the top of the barrier. 17
top of the barrier, of a dam, means the level of the top of the 18
barrier of the dam exclusive of any parapet or ancillary 19
structure or, if the barrier includes a spillway, the level of the 20
top of the abutment walls adjoining the spillway of the dam 21
exclusive of any parapet or ancillary structure. 22
344 Process for failure impact assessment 23
(1) A person required under section 343(1) to have a dam failure 24
impact assessed must ensure the assessment is completed, and 25
accepted by the chief executive under section 349, before 26
construction of the dam begins. 27
Maximum penalty--1665 penalty units. 28
(2) A person required under section 343(2) to have a dam failure 29
impact assessed must ensure the assessment is completed and 30
given to the chief executive within the reasonable period 31
stated in the notice. 32
Maximum penalty--1665 penalty units. 33
Page 167
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 345]
(3) A failure impact assessment given to the chief executive must 1
be accompanied by the prescribed fee. 2
345 Requirement for other failure impact assessments 3
(1) This section applies if a dam has been failure impact assessed 4
under this division, including subsection (2). 5
(2) The owner must ensure another failure impact assessment of 6
the dam is completed and given to the chief executive within 5 7
years after the last failure impact assessment was accepted by 8
the chief executive. 9
Maximum penalty--1665 penalty units. 10
(3) Subsection (2) does not apply to the owner of-- 11
(a) a dam given a category 2 failure impact rating under the 12
last failure impact assessment of the dam; or 13
(b) a dam mentioned in section 343(2) if-- 14
(i) the last failure impact assessment for the dam, 15
carried out under section 343(2) or subsection (2), 16
has not given the dam a category 1 or category 2 17
failure impact rating; and 18
(ii) the dam does not meet the criteria stated in section 19
343(1)(a) or (b). 20
346 Failure impact ratings for dams 21
(1) An existing dam has, or a proposed dam after its construction 22
will have, the following failure impact rating if a failure 23
impact assessment, accepted by the chief executive under 24
section 349, for the dam, or the proposed dam after its 25
construction, states that the population at risk is-- 26
(a) for a category 1 failure impact rating--2 or more 27
persons and not more than 100 persons; 28
(b) for a category 2 failure impact rating--more than 100 29
persons. 30
Page 168
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Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 347]
(2) In this section-- 1
population at risk means the number of persons, calculated 2
under the failure impact assessment guidelines, whose safety 3
will be at risk if the dam, or the proposed dam after its 4
construction, fails. 5
347 Offences about failure impact assessments 6
(1) A person must not certify a failure impact assessment 7
containing information the person knows is false or 8
misleading. 9
Maximum penalty--1665 penalty units. 10
(2) A person must not give another person who is certifying a 11
failure impact assessment information the person knows-- 12
(a) the other person will rely on when certifying the failure 13
impact assessment; and 14
(b) is false or misleading. 15
Maximum penalty--1665 penalty units. 16
(3) It is enough for a complaint for an offence against subsection 17
(1) or (2) to state the assessment or information given to the 18
person certifying the assessment was false or misleading to 19
the person's knowledge, without specifying whether it was 20
false or whether it was misleading. 21
348 Cost of failure impact assessment 22
(1) For a failure impact assessment required under section 343(1), 23
the owner of the dam must pay the cost of preparing and 24
certifying the failure impact assessment. 25
(2) For a failure impact assessment required under section 26
343(2)-- 27
(a) if the dam, or the proposed dam, is assessed as not 28
having a category 1 or category 2 failure impact 29
Page 169
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 349]
rating--the chief executive must pay the reasonable cost 1
of preparing and certifying the assessment; and 2
(b) otherwise--the owner of the dam must pay the cost of 3
preparing and certifying the assessment. 4
(3) For subsections (1) and (2), the cost of preparing and 5
certifying the assessment includes the cost of any review of 6
the assessment under section 351. 7
349 Decision about failure impact assessment 8
(1) The chief executive may decide to accept, reject or require a 9
review of a failure impact assessment. 10
(2) However, before requiring a review of, or rejecting, the 11
assessment, the chief executive may require the owner to give 12
additional information about the assessment to assist the chief 13
executive in deciding if the review or rejection is necessary. 14
(3) Without limiting subsection (2), the chief executive may 15
require the preparation of documents including a 16
comprehensive report, by a registered professional engineer, 17
on the design and operation of the dam. 18
350 Notice accepting failure impact assessment 19
If the chief executive accepts a failure impact assessment, the 20
chief executive must give notice of the acceptance to the 21
owner of the dam within 30 business days after the 22
acceptance. 23
351 Reviewing failure impact assessment 24
(1) This section applies if the chief executive is satisfied a failure 25
impact assessment is-- 26
(a) incorrect in a material particular; or 27
(b) incomplete in a material particular; or 28
Page 170
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 352]
(c) not completed in accordance with the failure impact 1
assessment guidelines. 2
(2) The chief executive must, within 30 business days after being 3
satisfied under subsection (1)-- 4
(a) give the owner of the dam an information notice; and 5
(b) return the assessment to the owner. 6
(3) The information notice must require the owner to-- 7
(a) have the assessment reviewed, corrected or completed 8
and recertified; and 9
(b) return the recertified assessment to the chief executive 10
for a decision under section 349 by the day stated in the 11
notice. 12
(4) The owner must comply with the notice unless the owner has 13
a reasonable excuse. 14
Maximum penalty for subsection (4)--1665 penalty units. 15
352 Rejecting failure impact assessment 16
(1) The chief executive may reject a failure impact assessment or 17
a recertified assessment if the assessment or recertified 18
assessment is incorrect or incomplete in a material particular 19
or not completed in accordance with the failure impact 20
assessment guidelines. 21
(2) If the chief executive rejects the assessment or the recertified 22
assessment, the chief executive must, within 30 business days 23
after the rejection, give the owner of the dam an information 24
notice. 25
(3) If the assessment relates to an existing dam, the information 26
notice must require the owner to-- 27
(a) have a new assessment completed and certified; and 28
(b) give the certified assessment to the chief executive for a 29
decision under section 349 within the reasonable period 30
stated in the notice. 31
Page 171
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 353]
(4) The owner must comply with the notice unless the owner has 1
a reasonable excuse. 2
Maximum penalty for subsection (4)--1665 penalty units. 3
Division 3 Safety conditions for existing 4
referable dams 5
353 Applying safety conditions for existing referable dams 6
(1) The chief executive may apply safety conditions to a referable 7
dam. 8
(2) For assessing the safety conditions that are to apply, the chief 9
executive may give the owner of the dam a notice requesting 10
the owner give the chief executive, within the reasonable 11
period stated in the notice-- 12
(a) information that will assist the chief executive in 13
deciding the conditions to be applied; and 14
(b) the fee prescribed under a regulation. 15
(3) The owner must comply with the notice unless the owner has 16
a reasonable excuse. 17
Maximum penalty--200 penalty units. 18
(4) Without limiting subsection (2), the notice may require the 19
preparation of documents including a comprehensive report, 20
by a registered professional engineer, on the design and 21
operation of the dam. 22
354 Deciding safety conditions 23
(1) When the chief executive has received the information 24
requested in a notice under section 353(2), the chief executive 25
must assess the information and decide the safety conditions 26
for the dam. 27
(2) In deciding the safety conditions for the dam, the chief 28
executive must have regard to the guidelines, if any, made by 29
Page 172
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 355]
the chief executive for applying safety conditions to a 1
referable dam. 2
(3) The chief executive must decide the safety conditions for the 3
dam-- 4
(a) within 40 business days after the chief executive 5
receives the information requested; or 6
(b) if the owner of the dam, by written agreement, extends 7
the period--within the extended period. 8
(4) The safety conditions must be relevant to, but not an 9
unreasonable imposition on, the dam or reasonably required 10
for the dam. 11
355 Process after deciding safety conditions 12
(1) When the chief executive has decided the safety conditions 13
for a dam, the chief executive must-- 14
(a) give the owner of the dam an information notice about 15
the safety conditions; and 16
(b) give the local government for the area a copy of the 17
safety conditions. 18
(2) If a development permit has been given, or is taken to have 19
been given, for the construction of the dam, the safety 20
conditions are taken to be conditions attaching to the permit. 21
(3) If a development permit has not been given for the 22
construction of the dam-- 23
(a) the chief executive's decision is taken to be a 24
development permit given for the construction of the 25
dam; and 26
(b) the safety conditions are taken to be conditions attaching 27
to the permit. 28
Page 173
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 356]
356 Changing conditions 1
(1) This section applies for a referable dam if the chief executive 2
is satisfied either or both of the following should be 3
changed-- 4
(a) safety conditions; 5
(b) development conditions. 6
(2) The chief executive may change the conditions. 7
(3) In deciding what the conditions should be, the chief executive 8
may give the owner of the dam a notice requesting the owner 9
give the chief executive, within the reasonable period stated in 10
the notice-- 11
(a) information that will help the chief executive to decide 12
the conditions to be applied; and 13
(b) the fee prescribed under a regulation. 14
(4) The owner must comply with the notice unless the owner has 15
a reasonable excuse. 16
Maximum penalty--200 penalty units. 17
(5) Without limiting subsection (3), the notice may require the 18
preparation of documents including a comprehensive report, 19
by a registered professional engineer, on the design and 20
operation of the dam. 21
(6) In changing the conditions, the chief executive must have 22
regard to the guidelines, if any, made by the chief executive 23
for applying safety conditions to a referable dam. 24
(7) If the chief executive changes the conditions, the chief 25
executive must-- 26
(a) give the owner of the dam an information notice about 27
the changed safety conditions; and 28
(b) give the local government for the area a copy of the 29
changed safety conditions. 30
(8) The change has effect from the day the notice is given. 31
Page 174
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 357]
(9) The chief executive's power to change the conditions includes 1
the power to add conditions. 2
(10) The changed safety conditions are taken to be conditions 3
attaching to the development permit mentioned in section 4
355(2) or (3). 5
357 Reassessing dams 6
If a failure impact assessment for a referable dam, accepted by 7
the chief executive, assesses the dam as not having a category 8
1 or category 2 failure impact rating, any existing safety 9
conditions for the dam no longer apply to the dam. 10
Division 4 Emergency powers 11
358 Application of div 4 12
This division applies if the chief executive is satisfied, or 13
reasonably believes-- 14
(a) there is danger of the failure of-- 15
(i) a referable dam; or 16
(ii) a dam for which no failure impact assessment has 17
been carried out, if the chief executive reasonably 18
believes the dam would have a category 1 or 19
category 2 failure impact rating if an assessment 20
were carried out; and 21
(b) action is necessary to prevent the failure or minimise its 22
impact. 23
359 Direction to owner of emergency part of land 24
(1) The chief executive may, by notice, direct the owner of land 25
on which the part of the dam where the action is necessary is 26
situated (the emergency part), or the operator of the dam, to 27
Page 175
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 360]
take stated reasonable action within a stated reasonable 1
period. 2
(2) The notice-- 3
(a) is taken to be a compliance notice; and 4
(b) is not a compliance notice for which a show cause notice 5
must first be given; and 6
(c) if the emergency part is land other than land mentioned 7
in paragraph (d)--attaches to the land and binds the 8
owner of the land and the owner's successors in title; 9
and 10
(d) if the emergency part is land leased from the State under 11
the Land Act 1994--is taken to be a remedial action 12
notice under the Land Act 1994, other than for the 13
purposes of a review of, or an appeal against, the 14
decision to give the notice. 15
Note-- 16
See chapter 7 (Review, appeals and arbitration). 17
(3) The person to whom the notice is given, and any person 18
bound by the notice under subsection (2)(c), must comply 19
with the notice unless the person has a reasonable excuse. 20
Maximum penalty--1665 penalty units. 21
(4) Subsection (3) does not apply if the person to whom the notice 22
is given-- 23
(a) gives the chief executive notice that the person intends 24
to remove the dam; and 25
(b) complies with the intention in accordance with any 26
direction given by the chief executive. 27
360 Failure to comply with notice 28
(1) This section applies if-- 29
Page 176
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 361]
(a) a person to whom a notice under section 359 is given 1
does not comply, or does not fully comply, with the 2
notice; and 3
(b) the chief executive incurs expense under section 467(1) 4
or (3) in relation to the notice. 5
Editor's note 467 (Chief executive or regulator may take action and 6
recover costs) 7
(2) The chief executive may give the owner a notice stating the 8
action taken under section 467(1) or (3) and the amount of the 9
expense incurred (the relevant debt). 10
(3) A notice under subsection (2) is a debt notice. 11
361 Notice in relation to land other than leased State land 12
(1) If the chief executive gives a debt notice in relation to land 13
mentioned in section 359(2)(c)-- 14
(a) the relevant debt becomes a charge on the land; and 15
(b) the chief executive must lodge in the land registry-- 16
(i) a request in the appropriate form to register the 17
charge as an encumbrance over the land; and 18
(ii) a certificate signed by the chief executive stating 19
the relevant debt is a charge over the land under 20
this division; and 21
(iii) a copy of the debt notice; and 22
(c) the charge is in addition to any other remedy the chief 23
executive has for recovery of the relevant debt. 24
(2) The chief executive must, as soon as practicable after 25
payment of the relevant debt, lodge in the land registry-- 26
(a) a request in the appropriate form to release the charge; 27
and 28
(b) a certificate stating that the relevant debt has been paid. 29
(3) The chief executive may at any time lodge in the land 30
registry-- 31
Page 177
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 1 Referable dams
[s 362]
(a) a request to vary or release the charge; and 1
(b) for a request to vary a charge--a certificate stating the 2
type of variation requested. 3
362 Notice in relation to leased State land 4
If the chief executive gives a debt notice in relation to land 5
mentioned in section 359(2)(d)-- 6
(a) the relevant debt is a condition of the lease from the day 7
the notice is given; and 8
(b) the chief executive must lodge in the land registry-- 9
(i) a request in the appropriate form to register the 10
details of the condition; and 11
(ii) a certificate signed by the chief executive stating 12
the details of the relevant debt; and 13
(iii) a copy of the debt notice; and 14
(c) the condition is in addition to any other remedy the chief 15
executive has for recovery of the relevant debt; and 16
(d) if the owner has possession of a tenure document for the 17
lease--the owner must return the tenure document to the 18
land registry. 19
363 Emergency powers if imminent danger of dam failure 20
(1) This section applies if the chief executive is satisfied, or 21
reasonably believes-- 22
(a) there is imminent danger of the failure of a dam; and 23
(b) immediate action is necessary to prevent or minimise 24
the impact of the failure. 25
(2) The chief executive may give a notice under section 359(1) 26
verbally or by leaving the notice on the land. 27
(3) For giving notice under subsection (2), it is sufficient to give 28
the notice to an employee or agent of the owner or operator. 29
Page 178
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 2 Flood mitigation
[s 364]
Division 5 General matters 1
364 Liability for loss or damage caused by failure of dam 2
Nothing in this chapter affects the liability of a dam owner or 3
operator for any loss or damage caused by the failure of a dam 4
or the escape of water from the dam. 5
365 Sections 365-369 not used 6
See editor's note for section 1. 7
Part 2 Flood mitigation 8
370 Owners of particular dams must prepare flood mitigation 9
manual 10
(1) A regulation may nominate an owner of a dam as an owner 11
who must prepare a manual (a flood mitigation manual) of 12
operational procedures for flood mitigation for the dam. 13
(2) The regulation must nominate the day by which the owner 14
must comply with section 371(1). 15
371 Approving flood mitigation manual 16
(1) The owner of a dam must give the chief executive a copy of 17
the flood mitigation manual for the dam for the chief 18
executive's approval. 19
(2) The chief executive may, by gazette notice, approve the 20
manual. 21
(3) The approval must be for a period of not more than 5 years. 22
(4) The chief executive may get advice from an advisory council 23
before approving the manual. 24
Page 179
Water Supply (Safety and Reliability) Bill 2008
Chapter 4 Referable dams and flood mitigation
Part 2 Flood mitigation
[s 372]
372 Amending flood mitigation manual 1
(1) The chief executive may require the owner of a dam, by 2
notice, to amend the flood mitigation manual for the dam. 3
(2) The owner must comply with the requirement. 4
(3) If the owner complies with the requirement, the chief 5
executive must, by gazette notice, approve the manual as 6
amended. 7
(4) The approval of the manual as amended must be for-- 8
(a) the balance of the period of the approval for the manual 9
before the amendment; or 10
(b) a period of not more than 5 years from the day the 11
manual as amended was approved. 12
(5) The chief executive may get advice from an advisory council 13
before approving the manual as amended. 14
373 Regular reviews of flood mitigation manual 15
Before an approval for the flood mitigation manual for a dam 16
expires, the owner of the dam must-- 17
(a) review, and if necessary, update the manual; and 18
(b) give the chief executive a copy of it for the chief 19
executive's approval under section 371. 20
374 Protection from liability for complying with flood 21
mitigation manual 22
(1) The chief executive or a member of the council does not incur 23
civil liability for an act done, or omission made, honestly and 24
without negligence under this part. 25
(2) An owner of a dam who observes the operational procedures 26
in a flood mitigation manual, approved by the chief executive, 27
for the dam does not incur civil liability for an act done, or 28
omission made, honestly and without negligence in observing 29
the procedures. 30
Page 180
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 1 Authorised officers
[s 400]
(3) If subsection (1) or (2) prevents civil liability attaching to a 1
person, the liability attaches instead to the State. 2
(4) In this section-- 3
owner, of a dam, includes-- 4
(a) the operator of the dam; or 5
(b) a director of the owner or operator of the dam; or 6
(c) an employee of the owner or operator of the dam; or 7
(d) an agent of the owner or operator of the dam. 8
375 Sections 375-399 not used 9
See editor's note for section 1. 10
Chapter 5 Investigations and 11
enforcement matters 12
Part 1 Authorised officers 13
Division 1 Authorised officers' functions and 14
powers generally 15
400 Functions 16
An authorised officer has the following functions-- 17
(a) collecting information for this Act; 18
(b) conducting investigations and inspections to monitor 19
and enforce compliance with-- 20
(i) this Act; or 21
Page 181
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 1 Authorised officers
[s 401]
(ii) the Planning Act so far as that Act relates to a 1
development condition. 2
401 Powers generally 3
(1) For performing an authorised officer's functions, an 4
authorised officer has the powers given to the authorised 5
officer under this or another Act. 6
(2) An authorised officer is subject to the directions of the 7
appointer in exercising the powers. 8
Division 2 Appointment of authorised officers 9
402 Appointment and qualifications 10
(1) The chief executive or the regulator (the appointer) may 11
appoint a person as an authorised officer. 12
(2) However, the appointer may appoint a person as an authorised 13
officer only if the appointer is satisfied the person is qualified 14
for appointment because the person has the necessary 15
expertise or experience. 16
403 Appointment conditions and limit on powers 17
(1) An authorised officer holds office on any conditions stated 18
in-- 19
(a) the authorised officer's instrument of appointment; or 20
(b) a signed notice given to the authorised officer; or 21
(c) a regulation. 22
(2) The instrument of appointment, a signed notice given to the 23
authorised officer or a regulation may limit the authorised 24
officer's powers under this Act. 25
(3) In this section-- 26
signed notice means a notice signed by the appointer. 27
Page 182
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 1 Authorised officers
[s 404]
404 Issue of identity card 1
(1) The appointer must issue an identity card to each authorised 2
officer. 3
(2) The identity card must-- 4
(a) contain a recent photograph of the authorised officer; 5
and 6
(b) contain a copy of the authorised officer's signature; and 7
(c) identify the person as an authorised officer under this 8
Act; and 9
(d) state an expiry date. 10
(3) This section does not prevent the giving of a single identity 11
card to a person for this Act and other purposes. 12
405 Production or display of identity card 13
(1) In exercising a power under this Act in relation to a person, an 14
authorised officer must-- 15
(a) produce the authorised officer's identity card for the 16
person's inspection before exercising the power; or 17
(b) have the identity card displayed so it is clearly visible to 18
the person when exercising the power. 19
(2) However, if for any reason it is not practicable to comply with 20
subsection (1), the authorised officer must produce the 21
identity card for the person's inspection at the first reasonable 22
opportunity. 23
(3) For subsection (1), an authorised officer does not exercise a 24
power in relation to a person only because the authorised 25
officer, as authorised under this Act, enters-- 26
(a) a public place when it is open to the public; or 27
(b) a place for the purpose of asking the occupier of the 28
place for consent to enter. 29
Page 183
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 1 Authorised officers
[s 406]
406 When authorised officer ceases to hold office 1
(1) An authorised officer ceases to hold office if any of the 2
following happens-- 3
(a) the term of office stated in a condition of office ends; 4
(b) under another condition of office, the authorised officer 5
ceases to hold office; 6
(c) the authorised officer's resignation takes effect. 7
(2) Subsection (1) does not limit the ways an authorised officer 8
may cease to hold office. 9
(3) In this section-- 10
condition of office means a condition on which the authorised 11
officer holds office. 12
407 Resignation 13
An authorised officer may resign by signed notice given to the 14
appointer. 15
408 Return of identity card 16
A person who ceases to be an authorised officer must return 17
the person's identity card to the appointer within 15 business 18
days after ceasing to be an authorised officer unless the person 19
has a reasonable excuse for not returning it. 20
Maximum penalty--50 penalty units. 21
Page 184
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 2 Powers of authorised officers
[s 409]
Part 2 Powers of authorised officers 1
Division 1 Entry of places 2
409 Definition for pt 2 3
In this part-- 4
land means a parcel of land other than the part on which there 5
is erected a building or structure that is-- 6
(a) a dwelling place; or 7
(b) being used, at the relevant time, as a dwelling place. 8
410 Power to enter land to monitor compliance 9
An authorised officer may, at any reasonable time, enter land 10
to find out if-- 11
(a) the Planning Act is being complied with in relation to a 12
development condition; or 13
(b) a drinking water quality management plan or a recycled 14
water management plan, or the conditions of the plans, 15
are being complied with in relation to the production or 16
supply of drinking water or recycled water; or 17
(c) the conditions of an exemption are being complied with 18
in relation to the production or supply of recycled water. 19
411 Power to enter land in relation to information collection 20
(1) An authorised officer may, at any reasonable time-- 21
(a) enter land to inspect-- 22
(i) a dam or a referable dam on the land; or 23
(ii) any records about a referable dam; or 24
(b) enter other land to ascertain-- 25
Page 185
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 2 Powers of authorised officers
[s 412]
(i) the impact a failure of the dam or referable dam 1
would have; or 2
(ii) if there are factors that are likely to cause the dam 3
or referable dam to fail; or 4
(iii) if a failure impact assessment of the dam or 5
referable dam should be requested. 6
(2) For exercising a power mentioned in subsection (1), an 7
authorised officer may enter and cross any land to access land 8
mentioned in the subsection. 9
412 Power to enter places for other purposes 10
(1) An authorised officer may enter a place for a purpose other 11
than a purpose mentioned in section 410 or 411 if-- 12
(a) an occupier of the place consents to the entry; or 13
(b) it is a public place and the entry is made when it is open 14
to the public; or 15
(c) the entry is authorised by a warrant; or 16
(d) it is a place of business to which this Act relates and is-- 17
(i) open for carrying on the business; or 18
(ii) otherwise open for entry. 19
(2) For the purpose of asking an occupier of a place for consent to 20
enter, an authorised officer may, without the occupier's 21
consent or a warrant-- 22
(a) enter land around premises at the place to an extent that 23
is reasonable to contact the occupier; or 24
(b) enter part of the place the authorised officer reasonably 25
considers members of the public ordinarily are allowed 26
to enter when they wish to contact the occupier. 27
(3) For section (1)(d), a place of business does not include a part 28
of the place where a person resides. 29
Page 186
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 2 Powers of authorised officers
[s 413]
Division 2 Procedure for entry 1
413 Entry with consent 2
(1) This section applies if an authorised officer intends to ask an 3
occupier of a place to consent to the authorised officer or 4
another authorised officer entering the place under section 5
412(1)(a). 6
(2) Before asking for the consent, the authorised officer must tell 7
the occupier-- 8
(a) the purpose of the entry; and 9
(b) that the occupier is not required to consent. 10
(3) If the consent is given, the authorised officer may ask the 11
occupier to sign an acknowledgment of the consent. 12
(4) The acknowledgment must state-- 13
(a) the occupier has been told-- 14
(i) the purpose of the entry; and 15
(ii) that the occupier is not required to consent; and 16
(b) the purpose of the entry; and 17
(c) the occupier gives the authorised officer consent to enter 18
the place and exercise powers under this part; and 19
(d) the time and date the consent was given. 20
(5) If the occupier signs the acknowledgment, the authorised 21
officer must immediately give a copy to the occupier. 22
(6) If-- 23
(a) an issue arises in a proceeding about whether the 24
occupier consented to the entry; and 25
(b) an acknowledgment complying with subsection (4) for 26
the entry is not produced in evidence; 27
the onus of proof is on the person relying on the lawfulness of 28
the entry to prove the occupier consented. 29
Page 187
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 2 Powers of authorised officers
[s 414]
414 Application for warrant 1
(1) An authorised officer may apply to a magistrate for a warrant 2
for a place. 3
(2) The authorised officer must prepare a written application that 4
states the grounds on which the warrant is sought. 5
(3) The written application must be sworn. 6
(4) The magistrate may refuse to consider the application until the 7
authorised officer gives the magistrate all the information the 8
magistrate requires about the application in the way the 9
magistrate requires. 10
Example-- 11
The magistrate may require additional information supporting the 12
written application to be given by statutory declaration. 13
415 Issue of warrant 14
(1) The magistrate may issue the warrant for the place only if the 15
magistrate is satisfied there are reasonable grounds for 16
suspecting-- 17
(a) there is a particular thing or activity (the evidence) that 18
may provide evidence of-- 19
(i) an offence against this Act; or 20
(ii) a Planning Act offence; and 21
(b) the evidence is at the place, or, within the next 7 days, 22
will be at the place. 23
(2) The warrant must state-- 24
(a) the place to which the warrant applies; and 25
(b) that a stated authorised officer may, with necessary and 26
reasonable help and force-- 27
(i) enter the place and any other place necessary for 28
the entry; and 29
Page 188
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 2 Powers of authorised officers
[s 416]
(ii) exercise the authorised officer's powers under this 1
chapter; and 2
(c) particulars of the offence that the magistrate considers 3
appropriate in the circumstances; and 4
(d) the name of the person suspected of having committed 5
the offence, unless the name is unknown or the 6
magistrate considers it inappropriate to state the name; 7
and 8
(e) the evidence that may be seized under the warrant; and 9
(f) the hours of the day or night when the place may be 10
entered; and 11
(g) the extent of re-entry permitted; and 12
(h) the date, within 14 days after the warrant's issue, the 13
warrant ends. 14
(3) A provision of this part applying to entry authorised under a 15
warrant is taken also to apply to any re-entry authorised under 16
the warrant. 17
416 Application by electronic communication and duplicate 18
warrant 19
(1) An application under section 414 may be made by phone, fax, 20
email, radio, videoconferencing or another form of electronic 21
communication if the authorised officer reasonably considers 22
it necessary because of-- 23
(a) urgent circumstances; or 24
(b) other special circumstances, including, for example, the 25
authorised officer's remote location. 26
(2) The application-- 27
(a) may not be made before the authorised officer prepares 28
the written application under section 414(2); but 29
(b) may be made before the written application is sworn. 30
Page 189
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 2 Powers of authorised officers
[s 416]
(3) The magistrate may issue the warrant (the original warrant) 1
only if the magistrate is satisfied-- 2
(a) it was necessary to make the application under 3
subsection (1); and 4
(b) the way the application was made under subsection (1) 5
was appropriate. 6
(4) After the magistrate issues the original warrant-- 7
(a) if there is a reasonably practicable way of immediately 8
giving a copy of the warrant to the authorised officer, for 9
example, by sending a copy by fax or email, the 10
magistrate must immediately give a copy of the warrant 11
to the authorised officer; or 12
(b) otherwise-- 13
(i) the magistrate must tell the authorised officer the 14
date and time the warrant is issued and the other 15
terms of the warrant; and 16
(ii) the authorised officer must complete a form of 17
warrant, including by writing on it-- 18
(A) the magistrate's name; and 19
(B) the date and time the magistrate issued the 20
warrant; and 21
(C) the other terms of the warrant. 22
(5) The copy of the warrant mentioned in subsection (4)(a), or the 23
form of warrant completed under subsection (4)(b) (in either 24
case the duplicate warrant), is a duplicate of, and as effectual 25
as, the original warrant. 26
(6) The authorised officer must, at the first reasonable 27
opportunity, send to the magistrate-- 28
(a) the written application complying with section 414(2) 29
and (3); and 30
Page 190
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 2 Powers of authorised officers
[s 417]
(b) if the authorised officer completed a form of warrant 1
under subsection (4)(b)--the completed form of 2
warrant. 3
(7) The magistrate must keep the original warrant and, on 4
receiving the documents under subsection (6)-- 5
(a) attach the documents to the original warrant; and 6
(b) give the original warrant and documents to the clerk of 7
the court of the relevant magistrates court. 8
(8) Despite subsection (5), if-- 9
(a) an issue arises in a proceeding about whether an 10
exercise of a power was authorised by a warrant issued 11
under this section; and 12
(b) the original warrant is not produced in evidence; 13
the onus of proof is on the person relying on the lawfulness of 14
the exercise of the power to prove a warrant authorised the 15
exercise of the power. 16
(9) This section does not limit section 414. 17
(10) In this section-- 18
relevant magistrates court, in relation to a magistrate, means 19
the Magistrates Court that the magistrate constitutes under the 20
Magistrates Act 1991. 21
417 Defect in relation to a warrant 22
(1) A warrant is not invalidated by a defect in the warrant, or in 23
compliance with section 414, 415 or 416, unless the defect 24
affects the substance of the warrant in a material particular. 25
(2) In this section-- 26
warrant includes a duplicate warrant mentioned in section 27
416(5). 28
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Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 2 Powers of authorised officers
[s 418]
418 Warrants--procedure before entry 1
(1) This section applies if an authorised officer named in a 2
warrant issued under this part for a place is intending to enter 3
the place under the warrant. 4
(2) Before entering the place, the authorised officer must do or 5
make a reasonable attempt to do the following things-- 6
(a) identify himself or herself to a person present at the 7
place who is an occupier of the place by producing a 8
copy of the authorised officer's identity card or other 9
document evidencing the authorised officer's 10
appointment; 11
(b) give the person a copy of the warrant; 12
(c) tell the person the authorised officer is permitted by the 13
warrant to enter the place; 14
(d) give the person an opportunity to allow the authorised 15
officer immediate entry to the place without using force. 16
(3) However, the authorised officer need not comply with 17
subsection (2) if the authorised officer believes on reasonable 18
grounds that immediate entry to the place is required to ensure 19
the effective execution of the warrant is not frustrated. 20
(4) In this section-- 21
warrant includes a duplicate warrant mentioned in section 22
416(5). 23
Division 3 Powers after entry 24
419 General powers after entering places 25
(1) This section applies to an authorised officer who enters a 26
place under division 2. 27
(2) However, if an authorised officer enters a place to get the 28
occupier's consent to enter the place, this section applies to 29
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Part 2 Powers of authorised officers
[s 420]
the authorised officer only if the consent is given or the entry 1
is otherwise authorised. 2
(3) The authorised officer may do any of the following-- 3
(a) search any part of the place; 4
(b) inspect, measure, test, photograph or film any part of the 5
place or anything at the place; 6
(c) take a thing, or a sample of or from a thing, at the place 7
for analysis or testing; 8
(d) copy a document at the place or take the document to 9
another place to copy it; 10
(e) take into or onto the place any person, equipment and 11
materials the authorised officer reasonably requires for 12
the exercise of a power under this part; 13
(f) require a person at the place to give the authorised 14
officer reasonable help to exercise the authorised 15
officer's powers under paragraphs (a) to (e); 16
(g) require a person at the place to give the authorised 17
officer information to help the authorised officer 18
ascertain whether the Act is being or has been complied 19
with. 20
(4) When making a requirement mentioned in subsection (3)(f) or 21
(g), the authorised officer must warn the person it is an 22
offence to fail to comply with the requirement unless the 23
person has a reasonable excuse. 24
(5) If an authorised officer takes a document from a place to copy 25
it, the document must be copied as soon as practicable and 26
returned to the place. 27
420 Failure to help authorised officer 28
(1) A person required to give reasonable help under section 29
419(3)(f) must comply with the requirement unless the person 30
has a reasonable excuse. 31
Maximum penalty--200 penalty units. 32
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Part 3 Power to seize evidence
[s 421]
(2) If the person is an individual, it is a reasonable excuse for the 1
person to fail to comply with the requirement that complying 2
with the requirement might tend to incriminate the person. 3
421 Failure to give information 4
(1) A person of whom a requirement is made under section 5
419(3)(g) must comply with the requirement unless the person 6
has a reasonable excuse. 7
Maximum penalty--200 penalty units. 8
(2) If the person is an individual, it is a reasonable excuse for the 9
person to fail to comply with the requirement that complying 10
with the requirement might tend to incriminate the person. 11
Part 3 Power to seize evidence 12
422 Seizing evidence 13
(1) This section applies if, under part 2, an authorised officer 14
enters a place after obtaining the consent of an occupier or 15
under a warrant. 16
(2) If the authorised officer enters the place with the occupier's 17
consent, the authorised officer may seize a thing at the place 18
if-- 19
(a) the authorised officer reasonably believes the thing is 20
evidence of-- 21
(i) an offence against this Act; or 22
(ii) a Planning Act offence; and 23
(b) seizure of the thing is consistent with the purpose of 24
entry as told to the occupier when asking for the 25
occupier's consent. 26
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[s 423]
(3) If the authorised officer enters the place with a warrant, the 1
authorised officer may seize the evidence for which the 2
warrant was issued. 3
(4) The authorised officer may seize anything else at the place if 4
the authorised officer reasonably believes-- 5
(a) the thing is evidence of-- 6
(i) an offence against this Act; or 7
(ii) a Planning Act offence; and 8
(b) the seizure is necessary to prevent the thing being-- 9
(i) hidden, lost or destroyed; or 10
(ii) used to continue, or repeat, the offence. 11
(5) Also, the authorised officer may seize a thing at the place if 12
the authorised officer reasonably believes it has just been used 13
in committing-- 14
(a) an offence against this Act; or 15
(b) a Planning Act offence. 16
423 Securing seized things 17
Having seized a thing, an authorised officer may-- 18
(a) move the thing from the place where it was seized (the 19
place of seizure); or 20
(b) leave the thing at the place of seizure but take reasonable 21
action to restrict access to it; or 22
Examples of restricting access to a thing-- 23
1 sealing a thing and marking it to show access to it is 24
restricted 25
2 sealing the entrance to a place where the thing is situated 26
and marking it to show access to it is restricted 27
(c) if the thing is equipment--make it inoperable. 28
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[s 424]
Example of making equipment inoperable-- 1
dismantling equipment or removing a component of equipment 2
without which the equipment is not capable of being used 3
424 Tampering with seized things 4
(1) If an authorised officer restricts access to a seized thing, a 5
person must not tamper, or attempt to tamper, with the thing, 6
or something restricting access to the thing, without an 7
authorised officer's approval. 8
Maximum penalty--100 penalty units. 9
(2) If an authorised officer makes seized equipment inoperable, a 10
person must not tamper, or attempt to tamper, with the 11
equipment, without an authorised officer's approval. 12
Maximum penalty--100 penalty units. 13
425 Powers to support seizure 14
(1) To enable a thing to be seized, an authorised officer may 15
require the person in control of it-- 16
(a) to take it to a stated reasonable place by a stated 17
reasonable time; and 18
(b) if necessary, to remain in control of it at the stated place 19
for a stated reasonable period. 20
(2) The requirement-- 21
(a) must be made by notice in the approved form; or 22
(b) if for any reason it is not practicable to give the notice, 23
may be made orally and confirmed by a notice in the 24
approved form as soon as practicable. 25
(3) A further requirement may be made under this section about 26
the thing if it is necessary and reasonable to make the further 27
requirement. 28
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[s 426]
(4) A person of whom a requirement is made under subsection (1) 1
or (3) must comply with the requirement unless the person has 2
a reasonable excuse. 3
Maximum penalty for subsection (4)--50 penalty units. 4
426 Receipts for seized things 5
(1) As soon as practicable after an authorised officer seizes a 6
thing, the authorised officer must give a receipt for it to the 7
person from whom it was seized. 8
(2) However, if for any reason it is not practicable to comply with 9
subsection (1), the authorised officer must leave the receipt at 10
the place of seizure in a conspicuous position and in a 11
reasonably secure way. 12
(3) The receipt must describe generally each thing seized and its 13
condition. 14
(4) This section does not apply to a thing if it is impracticable, or 15
would be unreasonable, to give the receipt, having regard to 16
the thing's nature, condition and value. 17
427 Forfeiture by authorised officer 18
(1) A thing that has been seized under this part is forfeited to the 19
State if the authorised officer who seized the thing-- 20
(a) can not find its owner, after making reasonable 21
inquiries; or 22
(b) can not return it to its owner, after making reasonable 23
efforts. 24
(2) In applying subsection (1)-- 25
(a) subsection (1)(a) does not require the authorised officer 26
to make inquiries if it would be unreasonable to make 27
inquiries to find the owner; and 28
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[s 428]
(b) subsection (1)(b) does not require the authorised officer 1
to make efforts if it would be unreasonable to make 2
efforts to return the thing to its owner. 3
Example for paragraph (b)-- 4
The owner of the thing has migrated to another country. 5
(3) Regard must be had to a thing's nature, condition and value in 6
deciding-- 7
(a) whether it is reasonable to make inquiries or efforts; and 8
(b) if making inquiries or efforts--what inquiries or efforts, 9
including the period over which they are made, are 10
reasonable. 11
428 Forfeiture on conviction 12
(1) On conviction of a person for either of the following, the court 13
may order the forfeiture to the State of anything owned by the 14
person and seized under this part-- 15
(a) an offence against this Act; 16
(b) a Planning Act offence. 17
(2) The court may make any order to enforce the forfeiture it 18
considers appropriate. 19
(3) This section does not limit the court's powers under the 20
Penalties and Sentences Act 1992 or another law. 21
429 Dealing with forfeited things 22
(1) On forfeiture of a thing to the State, the thing becomes the 23
State's property and may be dealt with by the chief executive 24
as the chief executive considers appropriate. 25
(2) Without limiting subsection (1), the chief executive may 26
destroy or dispose of the thing. 27
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Part 4 Power to require information
[s 430]
430 Return of seized things 1
(1) If a seized thing is not forfeited, the authorised officer must 2
return it to its owner-- 3
(a) at the end of 6 months; or 4
(b) if a proceeding for either of the following involving the 5
thing is started within 6 months, at the end of the 6
proceeding and any appeal from the proceeding-- 7
(i) an offence against this Act; 8
(ii) a Planning Act offence. 9
(2) Despite subsection (1), unless the thing is forfeited, the 10
authorised officer must immediately return a thing seized to 11
its owner if the authorised officer stops being satisfied-- 12
(a) its continued retention as evidence is necessary; or 13
(b) its continued retention is necessary to prevent the thing 14
being used to continue, or repeat, the offence. 15
431 Access to seized things 16
(1) Until a seized thing is forfeited or returned, an authorised 17
officer must allow its owner to inspect it and, if it is a 18
document, to copy it. 19
(2) This section does not apply if it is impracticable, or would be 20
unreasonable, to allow the inspection or copying. 21
Part 4 Power to require information 22
432 Power to require name and address 23
(1) This section applies if an authorised officer-- 24
(a) finds a person committing an offence against this Act; or 25
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Part 4 Power to require information
[s 433]
(b) finds a person in circumstances that lead the authorised 1
officer reasonably to suspect the person has just 2
committed an offence against this Act; or 3
(c) has information that leads the authorised officer 4
reasonably to suspect a person has just committed an 5
offence against this Act. 6
(2) The authorised officer may require the person to state the 7
person's name and residential address. 8
(3) When making the requirement, the authorised officer must 9
warn the person it is an offence to fail to state the person's 10
name or residential address unless the person has a reasonable 11
excuse. 12
(4) Also, the authorised officer may require the person to give 13
evidence of the correctness of the stated name and address if, 14
in the circumstances, it would be reasonable to expect the 15
person to be in possession of evidence of the correctness of 16
the stated name or address or to otherwise be able to give the 17
evidence. 18
433 Failure to give name or address 19
(1) A person of whom a requirement under section 432 is made 20
must comply with the requirement unless the person has a 21
reasonable excuse. 22
Maximum penalty--50 penalty units. 23
(2) A person does not commit an offence against subsection (1) 24
if-- 25
(a) the person was required to state the person's name and 26
residential address by an authorised officer who 27
suspected the person had committed an offence against 28
this Act; and 29
(b) the person is not proved to have committed the offence. 30
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Part 4 Power to require information
[s 434]
434 Power to require information or documents 1
(1) Subsection (2) applies if an authorised officer reasonably 2
believes-- 3
(a) an offence against this Act has been committed; and 4
(b) a person may be able to give information about the 5
offence. 6
(2) The authorised officer may, by notice given to the person, 7
require the person to give the authorised officer, either orally 8
or in writing, information in the person's knowledge about the 9
offence within a stated reasonable period and in a stated 10
reasonable way. 11
(3) An authorised officer may, by notice given to a person, 12
require the person to give an authorised officer, within a stated 13
reasonable period and in a stated reasonable way, a document 14
in the person's possession or control relating to a service 15
provider's registered service or a recycled water provider's 16
production or supply of recycled water. 17
(4) The authorised officer may keep a document mentioned in 18
subsection (3)(b) to copy it. 19
(5) If the authorised officer copies the document, or an entry in 20
the document, the chief executive or officer may require the 21
person who has possession or control of the document to 22
certify the copy as a true copy of the document or entry. 23
(6) The authorised officer must return the document to the person 24
as soon as practicable after copying it. 25
(7) A person of whom a requirement is made under subsection 26
(2), (3) or (5) must comply with the requirement unless the 27
person has a reasonable excuse. 28
Maximum penalty--200 penalty units. 29
(8) If the person is an individual, it is not a reasonable excuse for 30
the person to fail to comply with a requirement made under 31
subsection (2) or (3) that complying with the requirement 32
might tend to incriminate the person. 33
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[s 435]
(9) However, if the person is an individual, evidence of, or 1
evidence directly or indirectly derived from, the information 2
that might tend to incriminate the person is not admissible in 3
evidence against the person in a civil or criminal proceeding, 4
other than a proceeding for an offence about the falsity of the 5
information. 6
(10) If a court convicts a person of an offence against subsection 7
(7), the court may also order the person to give a stated 8
authorised officer, within a stated period and in a stated way, 9
information or a document to which the requirement related. 10
Note-- 11
The powers in this part are limited by part 2 (Powers of authorised 12
officers). 13
Part 5 Particular enforcement 14
provisions relating to drinking 15
water and recycled water 16
435 Application of pt 5 17
This part applies if-- 18
(a) the regulator is satisfied, or reasonably believes that-- 19
(i) a scheme manager, or recycled water provider or 20
other declared entity, (the responsible entity) for a 21
recycled water scheme has not complied with, or is 22
likely to not comply with, the recycled water 23
management plan for the scheme, or a condition of 24
the plan, and the noncompliance may have an 25
adverse affect on public health; or 26
(ii) a drinking water service provider has not complied 27
with, or is likely to not comply with, the drinking 28
water quality management plan for the provider's 29
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Chapter 5 Investigations and enforcement matters
Part 5 Particular enforcement provisions relating to drinking water and recycled water
[s 436]
drinking water service and the noncompliance may 1
have an adverse affect on public health; or 2
(iii) an event has happened, or is likely to happen, in 3
relation to the operation of a recycled water 4
scheme or drinking water service, that may have an 5
adverse affect on public health; and 6
(b) the regulator is satisfied, or reasonably believes, urgent 7
action is necessary to prevent or minimise the adverse 8
affect. 9
436 Power about preventing or minimising adverse 10
affects--general 11
(1) The regulator may, for the purpose of preventing or 12
minimising the adverse affect-- 13
(a) direct any person to take stated reasonable steps within a 14
stated reasonable period; or 15
(b) take the reasonable steps; or 16
(c) authorise an authorised officer to take the reasonable 17
steps. 18
(2) A direction under subsection (1)(a) may be given orally or by 19
written notice. 20
(3) However, if the direction is given orally, the regulator must as 21
soon as practicable confirm the direction by notice given to 22
the person. 23
(4) When giving a person a direction under subsection (1)(a), the 24
regulator must warn the person it is an offence not to comply 25
with the direction unless the person has a reasonable excuse. 26
437 Offence to fail to comply with direction 27
A person given a direction under section 436(1)(a) must 28
comply with the direction unless the person has a reasonable 29
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Chapter 5 Investigations and enforcement matters
Part 5 Particular enforcement provisions relating to drinking water and recycled water
[s 438]
excuse. 1
Maximum penalty--1665 penalty units. 2
438 Particular powers of regulator or authorised officer 3
(1) If the regulator decides to take the reasonable steps, or 4
authorise an authorised officer to take the reasonable steps, 5
the regulator or officer may-- 6
(a) without a warrant, enter any place, other than premises 7
or a part of premises where a person resides, to take the 8
steps; and 9
(b) in taking the steps, exercise any powers of an authorised 10
officer under part 2, 3 or 4. 11
(2) Before entering a place under subsection (1)(a), the regulator 12
must do or make a reasonable attempt to do the following-- 13
(a) tell the occupier of the place the regulator is permitted 14
under this Act to enter the place; 15
(b) give the occupier an opportunity to allow the regulator 16
immediate entry to the place without using force. 17
(3) Before entering a place under subsection (1)(a), the authorised 18
officer must do or make a reasonable attempt to do the 19
following-- 20
(a) comply with section 405(1); 21
(b) tell the occupier of the place the officer is permitted 22
under this Act to enter the place; 23
(c) give the occupier an opportunity to allow the officer 24
immediate entry to the place without using force. 25
439 How powers may be exercised 26
(1) The regulator or authorised officer may exercise the powers 27
mentioned in section 438 (the emergency powers) at the time, 28
with the help, and using the force, that is necessary and 29
reasonable in the circumstances. 30
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Chapter 5 Investigations and enforcement matters
Part 6 Other matters
[s 440]
(2) In exercising or attempting to exercise emergency powers in 1
relation to a place, the regulator or authorised officer must 2
take all reasonable steps to ensure the regulator or officer 3
causes as little inconvenience to any person at the place, and 4
does as little damage, as is practicable in the circumstances. 5
440 Regulator's powers not affected 6
This division does not limit any power the regulator has apart 7
from this division. 8
441 Sections 441-449 not used 9
See editor's note for section 1. 10
Part 6 Other matters 11
450 Notice of damage 12
(1) This section applies if-- 13
(a) an authorised officer damages property when exercising 14
or purporting to exercise a power; or 15
(b) a person (the other person) acting under the direction or 16
authority of an authorised officer damages property. 17
(2) The authorised officer must immediately give notice of 18
particulars of the damage to the person who appears to the 19
authorised officer to be the owner of the property. 20
(3) If the authorised officer believes the damage was caused by a 21
latent defect in the property or circumstances beyond the 22
authorised officer's, or other person's, control, the authorised 23
officer may state the belief in the notice. 24
(4) If, for any reason, it is impracticable to comply with 25
subsection (2), the authorised officer must leave the notice 26
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Part 6 Other matters
[s 451]
where the damage happened in a conspicuous position and in 1
a reasonably secure way. 2
(5) This section does not apply to damage the authorised officer 3
reasonably believes is trivial. 4
(6) In this section-- 5
owner, of property, includes a person in possession or control 6
of it. 7
451 Compensation 8
(1) If a person incurs loss or expense because of the exercise or 9
purported exercise of a power under part 2, division 1 or 3, or 10
part 5, the person may claim compensation from the State. 11
Editor's note-- 12
part 2 (Powers of authorised officers), division 1 (Entry of places) or 3 13
(Powers after entry) or part 5 (Particular enforcement provisions relating 14
to drinking water or recycled water) 15
(2) Without limiting subsection (1), compensation may be 16
claimed for loss or expense incurred in complying with a 17
requirement made of the person under the division. 18
(3) Compensation may be claimed and ordered to be paid in a 19
proceeding-- 20
(a) brought in a court with jurisdiction for the recovery of 21
the amount of compensation claimed; or 22
(b) for an offence against this Act brought against the 23
person claiming compensation. 24
(4) A court may order compensation to be paid only if it is 25
satisfied it is just to make the order in the circumstances of the 26
particular case. 27
452 Sections 452-459 not used 28
See editor's note for section 1. 29
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Chapter 5 Investigations and enforcement matters
Part 7 Obtaining criminal history reports
[s 460]
Part 7 Obtaining criminal history 1
reports 2
460 Purpose of pt 7 3
The purpose of this part is to help an authorised officer to 4
decide whether the authorised officer's unaccompanied entry 5
of a place under part 2 would create an unacceptable level of 6
risk to the authorised officer's safety. 7
461 Chief executive's power to obtain criminal history report 8
(1) The chief executive may ask the commissioner of the police 9
service for a written report about the criminal history of a 10
person if an authorised officer reasonably suspects the person 11
may be present at a place when the authorised officer enters 12
the place under part 2. 13
(2) The commissioner of the police service must give the report to 14
the chief executive. 15
(3) However, the report is required to contain only criminal 16
history that is in the commissioner's possession or to which 17
the commissioner has access. 18
(4) The chief executive must examine the report and identify, to 19
the extent it is reasonably practicable to do so, offences 20
involving the use of a weapon or violence against a person. 21
(5) The chief executive may give the authorised officer 22
information in the report about the offences identified under 23
subsection (4). 24
462 Criminal history is confidential document 25
(1) A person must not, directly or indirectly, disclose to anyone 26
else a report about a person's criminal history, or information 27
contained in the report, given under section 461. 28
Maximum penalty--100 penalty units. 29
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[s 463]
(2) However, the person does not contravene subsection (1) if-- 1
(a) the disclosure of the report or information is for the 2
purpose of the other person performing a function under 3
or in relation to this Act; or 4
(b) the disclosure is otherwise required or permitted by law. 5
(3) The chief executive or an authorised officer to whom the 6
report or written information in the report is provided must 7
destroy the report as soon as practicable after the authorised 8
officer considers the risk mentioned in section 460. 9
Part 8 Show cause and compliance 10
notices 11
Division 1 Show cause notices 12
463 General requirements for show cause notices 13
(1) A show cause notice must state the following-- 14
(a) the proposed action; 15
(b) the grounds for the proposed action; 16
(c) the facts and circumstances forming the basis for the 17
grounds; 18
(d) that a person given a show cause notice, or a copy of the 19
notice, may make submissions about the show cause 20
notice; 21
(e) how the submission may be made; 22
(f) where the submission may be made or sent; 23
(g) a day and time within which the submission must be 24
made. 25
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[s 464]
(2) The day stated in the notice must be, or must end, at least 15 1
business days after the notice is given. 2
464 Show cause notice must be given 3
(1) The regulator must, before giving a service provider a 4
compliance notice for a matter, give the service provider a 5
show cause notice about the matter. 6
(2) Subsection (1) does not apply to a compliance notice given to 7
a drinking water service provider or a recycled water provider 8
in relation to a matter involving drinking water or recycled 9
water. 10
Division 2 Compliance notices 11
465 Who may give compliance notice 12
(1) This section applies if the chief executive, regulator or an 13
authorised officer reasonably believes-- 14
(a) a person-- 15
(i) is contravening a provision of this Act; or 16
(ii) has contravened a provision of this Act in 17
circumstances that make it likely the contravention 18
will continue or be repeated; and 19
(b) a matter relating to the contravention is reasonably 20
capable of being rectified; and 21
(c) it is appropriate to give the person an opportunity to 22
rectify the matter. 23
(2) The chief executive, regulator or authorised officer may give 24
the person a notice (a compliance notice) requiring the person 25
to remedy the contravention. 26
(3) Subsection (4) applies if the giving of the compliance notice is 27
for a matter for which a show cause notice has been given by 28
the regulator. 29
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Part 8 Show cause and compliance notices
[s 466]
(4) The compliance notice may be given only if, after considering 1
any properly made submission by the service provider about 2
the show cause notice, the regulator still believes it is 3
appropriate to give the compliance notice. 4
466 Compliance notice 5
(1) A compliance notice must state the following-- 6
(a) that the chief executive, regulator or authorised officer 7
reasonably believes the person to whom the notice is to 8
be given-- 9
(i) is contravening a provision of this Act; or 10
(ii) has contravened a provision of this Act in 11
circumstances that make it likely that the 12
contravention will continue or be repeated; 13
(b) the provision the chief executive, regulator or authorised 14
officer believes is being, or has been, contravened; 15
(c) briefly, how it is believed the provision is being, or has 16
been contravened; 17
(d) that the person must remedy the contravention within a 18
stated reasonable period; 19
(e) that it is an offence to fail to comply with the 20
compliance notice unless the person has a reasonable 21
excuse; 22
(f) that, within 30 business days after the notice is given, 23
the person may appeal against the decision to give the 24
notice; 25
(g) how the person may appeal. 26
(2) The compliance notice may also state the reasonable steps that 27
the chief executive, regulator or authorised officer is satisfied 28
are necessary to remedy the contravention, or avoid further 29
contravention, of the provision 30
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Part 8 Show cause and compliance notices
[s 467]
(3) If a compliance notice requires the person to do an act 1
involving the carrying out of work, it also must give details of 2
the work involved. 3
(4) If a compliance notice requires the person to refrain from 4
doing an act, it also must state-- 5
(a) a period for which the requirement applies; or 6
(b) that the requirement applies until further notice. 7
(5) A person to whom a compliance notice is given must comply 8
with the compliance notice unless the person has a reasonable 9
excuse. 10
Maximum penalty-- 11
(a) if the compliance notice relates to an offence--the 12
number of penalty units that applies for the offence; or 13
(b) otherwise--100 penalty units. 14
(6) If it is an offence to contravene a provision and a compliance 15
notice is given, the person can not be prosecuted for that 16
offence unless the person contravenes subsection (4) in 17
relation to the compliance notice. 18
467 Chief executive or regulator may take action and recover 19
costs 20
(1) If a person to whom a compliance notice is given contravenes 21
the notice by not doing something, the chief executive or 22
regulator may do the thing. 23
(2) Subsection (3) applies if-- 24
(a) under section 359(2), a notice is taken to be a 25
compliance notice; and 26
Editor's note-- 27
section 359 (Direction to owner of emergency part of land) 28
(b) the person to whom the notice is given has not complied 29
with the notice by the day stated in the notice. 30
Page 211
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 9 Enforcement proceedings
[s 475]
(3) The chief executive may, instead of doing the thing under 1
subsection (1), take any action the chief executive reasonably 2
believes is necessary to prevent or minimise the impact of the 3
failure of the dam. 4
(4) If the chief executive or regulator incurs expense in doing a 5
thing under subsection (1) or (3), the chief executive or 6
regulator must give the person a notice stating the amount of 7
the expense incurred. 8
(5) Any reasonable expenses incurred by the chief executive or 9
regulator in doing anything under subsection (1) or (3) may be 10
recovered by the chief executive or regulator as a debt. 11
(6) A debt under subsection (5) bears interest at the rate stated in 12
a regulation. 13
468 Sections 468-474 not used 14
See editor's note for section 1. 15
Part 9 Enforcement proceedings 16
475 Starting proceeding for enforcement order 17
(1) Subject to subsection (2), a person may start a proceeding in a 18
District Court-- 19
(a) for an enforcement order to remedy or restrain the 20
commission of an offence against this Act; or 21
(b) if the person has started a proceeding under paragraph 22
(a) for an enforcement order and the court has not 23
decided the proceeding--for an order under section 478; 24
or 25
(c) for an order that a person who has committed an offence 26
against this Act pay damages to compensate the 27
applicant for injury suffered by the applicant or loss or 28
Page 212
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 9 Enforcement proceedings
[s 476]
damage to the applicant's property because of the 1
commission of the offence. 2
(2) A proceeding for an enforcement order in relation to an 3
offence against a following provision of this Act may be 4
started only by the person stated for the provision-- 5
(a) a provision of chapter 2, part 4, division 3, chapter 3 or 6
section 26, 73, 106(4), 107(7), 108, 110, 112, 141, 190, 7
531 or 630(4)--the regulator; 8
(b) section 43, 47, 144, 145, 193, 194 or 195--the service 9
provider; 10
(c) section 168, 191 or 192--the regulator or the service 11
provider. 12
(3) Subsection (2)(a) applies for an offence against section 531 13
only if the appointment of the administrator was made for 14
section 530(1)(a). 15
(4) A proceeding for an enforcement order may be started 16
whether or not anyone's right has been, or may be, infringed 17
by, or because of, the commission of the offence. 18
(5) If a person other than the chief executive starts a proceeding 19
under this section, the person must, within 5 business days of 20
starting the proceeding, give the chief executive notice of the 21
proceeding. 22
476 Proceeding started in a representative capacity 23
(1) A proceeding for an enforcement order may be started by a 24
person on behalf of an entity with the entity's consent. 25
(2) If the entity on whose behalf the proceeding is started is an 26
unincorporated body, the body's committee or other 27
controlling or governing body must give the consent. 28
(3) The entity on whose behalf the proceeding is started may 29
contribute to, or pay, the legal costs incurred by the person 30
starting the proceeding. 31
Page 213
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 9 Enforcement proceedings
[s 477]
477 Starting proceeding for enforcement order without notice 1
(1) A person may start a proceeding for an enforcement order 2
without notice to the other party. 3
(2) Without limiting the discretion of a District Court in the 4
exercise of its equitable jurisdiction, it may, with or without 5
conditions-- 6
(a) grant the order for a limited period stated in the order; or 7
(b) grant the order until the trial of the proceeding; or 8
(c) grant an order for a limited period prohibiting a person 9
from leaving Australia; or 10
(d) make another order. 11
Example of an injunction under subsection (2)(c)-- 12
This order may be used if the departure of the person would render a 13
proceeding useless, including, for example, because the person's 14
departure would make it impossible to have an enforcement hearing in 15
relation to a judgment against the person and so ascertain the location of 16
the person's assets. Conditions imposed may, for example, relate to 17
payment of an amount, or surrendering a passport, to the court. 18
478 Making interim enforcement order 19
(1) A District Court may make an order pending a decision of a 20
proceeding for an enforcement order if the court is satisfied it 21
would be appropriate to make the order. 22
(2) The court may make the order subject to conditions, including 23
a condition requiring the applicant for the order to give an 24
undertaking to pay damages. 25
479 Making enforcement order 26
(1) A District Court may make an enforcement order if the court 27
is satisfied the offence-- 28
(a) is being, or has been, committed; or 29
(b) will be committed unless the enforcement order is made. 30
Page 214
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 9 Enforcement proceedings
[s 480]
(2) If the court is satisfied the offence is being or has been 1
committed, it may make either or both of the following 2
orders-- 3
(a) an enforcement order whether or not there has been a 4
prosecution for the offence; 5
(b) an order for exemplary damages. 6
(3) In considering whether to make an order for exemplary 7
damages, the court may consider-- 8
(a) any adverse impact on public health resulting, or likely 9
to result, because of the commission of the offence; and 10
(b) any financial saving or other benefit the person who 11
committed the offence received or is likely to receive 12
because of the commission of the offence. 13
(4) If an order is made for exemplary damages, the amount of the 14
damages must be paid to the consolidated fund. 15
480 Effect of enforcement order 16
(1) An enforcement order may direct the respondent-- 17
(a) to stop an activity that constitutes, or will constitute, an 18
offence against this Act; or 19
(b) not to start an activity that will constitute an offence 20
against this Act; or 21
(c) to do anything required to stop committing an offence 22
against this Act; or 23
(d) to return anything to a condition as close as practicable 24
to the condition it was in immediately before an offence 25
against this Act was committed; or 26
(e) to do anything to comply with this Act. 27
(2) Without limiting the District Court's powers, it may make an 28
enforcement order requiring the repairing, demolition or 29
removal or modification of a referable dam. 30
Page 215
Water Supply (Safety and Reliability) Bill 2008
Chapter 5 Investigations and enforcement matters
Part 9 Enforcement proceedings
[s 481]
(3) An enforcement order must state the time by which it must be 1
complied with. 2
(4) An enforcement order-- 3
(a) may be in terms the court considers appropriate to 4
secure compliance with this Act; and 5
(b) must state the day by which the order must be complied 6
with. 7
481 Powers about enforcement orders 8
(1) A District Court's power to make an enforcement order to 9
stop, or not to start, an activity may be exercised-- 10
(a) whether or not it appears to the court the person against 11
whom the order is made (the relevant person) intends to 12
engage, or to continue to engage, in the activity; or 13
(b) whether or not the relevant person has previously 14
engaged in an activity of the kind; or 15
(c) whether or not there is danger of substantial damage to 16
property or injury to another person if the relevant 17
person engages, or continues to engage, in the activity; 18
or 19
(d) whether or not there is risk of failure of a referable dam. 20
(2) The court's power to make an enforcement order to do 21
anything may be exercised-- 22
(a) whether or not it appears to the court the person against 23
whom the order is made intends to fail, or to continue to 24
fail, to do the thing; or 25
(b) whether or not the person has previously failed to do a 26
thing of the kind; or 27
(c) whether or not there is danger of substantial damage to 28
property or injury to another person if the relevant 29
person fails, or continues to fail, to do the thing; or 30
(d) whether or not there is risk of failure of a referable dam. 31
Page 216
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 1 General offences
[s 482]
(3) The court may cancel or change an enforcement order on the 1
application of the person who started the proceeding or the 2
person against whom the order is made. 3
(4) The court's powers under this section are in addition to, and 4
do not limit, its other powers. 5
482 Parties to pay own costs for proceedings 6
(1) Each party to a proceeding for an enforcement order must 7
bear the party's own costs for the proceeding. 8
(2) However, the court may order a party to a proceeding to pay 9
costs to another party if the court considers-- 10
(a) the proceeding was frivolous or vexatious; or 11
(b) the party has incurred costs because the other party 12
defaulted in the procedural requirements. 13
Chapter 6 Offences, evidentiary 14
matters and legal 15
proceedings 16
Part 1 General offences 17
483 False or misleading statements 18
(1) A person must not state anything to the chief executive, 19
regulator or an authorised officer that the person knows is 20
false or misleading in a material particular. 21
Maximum penalty--500 penalty units. 22
(2) A complaint against a person for an offence against 23
subsection (1) is sufficient if it states that the document was 24
Page 217
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 1 General offences
[s 484]
false or misleading to the person's knowledge, without 1
specifying whether it was false or whether it was misleading. 2
484 False or misleading documents 3
(1) A person must not give the chief executive, regulator or an 4
authorised officer a document containing information that the 5
person knows is false or misleading in a material particular. 6
Maximum penalty--500 penalty units. 7
(2) A complaint against a person for an offence against 8
subsection (1) is sufficient if it states that the document was 9
false or misleading to the person's knowledge, without 10
specifying whether it was false or whether it was misleading. 11
485 Obstructing an authorised officer 12
(1) A person must not obstruct an authorised officer in the 13
exercise of a power unless the person has a reasonable excuse. 14
Maximum penalty--500 penalty units. 15
(2) If a person has obstructed an authorised officer and the 16
authorised officer decides to proceed with the exercise of the 17
power, the authorised officer must warn the person that-- 18
(a) it is an offence to obstruct the authorised officer unless 19
the person has a reasonable excuse; and 20
(b) the authorised officer considers the person's conduct an 21
obstruction. 22
(3) In this section-- 23
obstruct includes assault, hinder and threaten, and attempt to 24
obstruct. 25
486 Impersonation of an authorised officer 26
A person must not pretend to be an authorised officer. 27
Maximum penalty--200 penalty units. 28
Page 218
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 2 Evidentiary matters
[s 487]
487 Executive officers must ensure corporation complies 1
with Act 2
(1) The executive officers of a corporation must ensure the 3
corporation complies with this Act. 4
(2) If a corporation commits an offence against a provision of this 5
Act, each of its executive officers also commits an offence, 6
namely, the offence of failing to ensure the corporation 7
complies with the provision. 8
Maximum penalty--the penalty for the contravention of the 9
provision by an individual. 10
(3) Evidence that the corporation has been convicted of an 11
offence against a provision of this Act is evidence that each of 12
its executive officers committed the offence of failing to 13
ensure that the corporation complies with the provision. 14
(4) However, it is a defence for an executive officer to prove 15
that-- 16
(a) if the officer was in a position to influence the conduct 17
of the corporation in relation to the offence--the officer 18
exercised reasonable diligence to ensure the corporation 19
complied with the provision; or 20
(b) the officer was not in a position to influence the conduct 21
of the corporation in relation to the offence. 22
Part 2 Evidentiary matters 23
488 Application of pt 2 24
This part applies to a proceeding under this Act. 25
489 Appearance 26
A party to a proceeding may appear personally or by lawyer 27
or agent. 28
Page 219
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 2 Evidentiary matters
[s 490]
490 Appointments and authority 1
It is not necessary to prove-- 2
(a) the chief executive's appointment; or 3
(b) the regulator's appointment; or 4
(c) an authorised officer's appointment; or 5
(d) the authority of the chief executive, regulator or an 6
authorised officer to do anything under this Act. 7
491 Evidentiary aids 8
(1) A certificate purporting to be signed by or for the chief 9
executive or regulator stating any of the following matters is 10
evidence of the matter-- 11
(a) a stated decision, direction, notice or requirement is a 12
decision, direction, notice or requirement under this 13
Act; 14
(b) a stated thing is a thing that must or may be included in 15
a register; 16
(c) that a stated document is a document kept under this 17
Act; 18
(d) that a stated document is a copy of, or an extract from or 19
part of, a thing mentioned in paragraph (a) or (b); 20
(e) that on a stated day-- 21
(i) a stated person was given a stated decision, 22
direction or notice under this Act; or 23
(ii) a stated direction or requirement under this Act 24
was given to or made of a stated person; 25
(f) that on a stated day, or during a stated period, a person's 26
appointment as an authorised officer was, or was not, in 27
force. 28
(2) A statement in a complaint for an offence against this Act that 29
the matter of the complaint came to the knowledge of the 30
Page 220
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 3 Proceedings for offences
[s 492]
complainant on a stated day is evidence of the day it came to 1
the complainant's knowledge. 2
Part 3 Proceedings for offences 3
492 Indictable and summary offences 4
(1) An offence against this Act for which the maximum penalty 5
of imprisonment is 2 or more years is an indictable offence. 6
(2) An indictable offence against this Act is-- 7
(a) for an offence for which the maximum penalty of 8
imprisonment is 5 or more years--a crime; or 9
(b) otherwise--a misdemeanour. 10
(3) Any other offence against this Act is a summary offence. 11
493 Proceedings for indictable offences 12
(1) A proceeding for an indictable offence against this Act may, at 13
the prosecution's election, be taken-- 14
(a) by way of summary proceedings under the Justices Act 15
1886; or 16
(b) on indictment. 17
(2) Subsection (3) applies if-- 18
(a) a person charged with an indictable offence asks at the 19
start of a summary proceeding for the offence that the 20
charge be prosecuted on indictment; or 21
(b) the magistrate hearing a charge of an indictable offence 22
considers the charge should be prosecuted on 23
indictment. 24
(3) The magistrate-- 25
Page 221
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 3 Proceedings for offences
[s 494]
(a) must not decide the charge as a summary offence; and 1
(b) must proceed by way of an examination of witnesses in 2
relation to an indictable offence. 3
(4) If a magistrate acts under subsection (3)-- 4
(a) any plea of the person charged, made at the start of the 5
proceeding, must be disregarded; and 6
(b) any evidence brought in the proceeding before the 7
magistrate decided to act under subsection (3) is taken to 8
be evidence in the proceeding for the committal of the 9
person for trial or sentence; and 10
(c) before committing the person for trial or sentence the 11
magistrate must make a statement to the person under 12
the Justices Act 1886, section 104(2)(b). 13
494 Limitation on who may summarily hear indictable offence 14
proceedings 15
(1) A proceeding against a person for an indictable offence must 16
be before a magistrate if it is a proceeding-- 17
(a) for the summary conviction of a person; or 18
(b) for an examination of witnesses in relation to the charge. 19
(2) However, if a proceeding for an indictable offence is brought 20
before a justice who is not a magistrate, jurisdiction is limited 21
to taking or making a procedural action or order within the 22
meaning of the Justices of the Peace and Commissioners for 23
Declarations Act 1991. 24
(3) The maximum penalty that may be imposed on a summary 25
conviction of an indictable offence is as follows-- 26
(a) to the extent the penalty imposed is a number of penalty 27
units--500 penalty units; 28
(b) to the extent the penalty imposed is imprisonment--1 29
year's imprisonment. 30
Page 222
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 3 Proceedings for offences
[s 495]
495 Limitation on time for starting proceeding for summary 1
offence 2
A proceeding for a summary offence against this Act must 3
start-- 4
(a) within 1 year after the offence is committed; or 5
(b) within 1 year after the commission of the offence comes 6
to the complainant's knowledge, but within 2 years after 7
the commission of the offence. 8
496 Notice of proceedings for offences 9
If a person other than the chief executive or the regulator 10
brings a proceeding under this part, the person must, within 5 11
business days of starting the proceeding, give the chief 12
executive notice of the proceeding. 13
497 Limitation on who may bring particular proceedings 14
(1) A proceeding for an offence against this Act may be started 15
only by-- 16
(a) for an offence against a provision of chapter 2, part 4, 17
division 3 or chapter 3 or section 26, 73, 106(4), 107(7), 18
108, 110, 112, 141, 190, 531 or 630(4)--the 19
Attorney-General or regulator; or 20
(b) for an offence against section 43, 47, 144, 145, 193, 194 21
or 195--the Attorney-General or service provider; or 22
(c) for an offence against section 168, 191 or 192--the 23
Attorney-General, regulator or service provider. 24
(2) Subsection (1) applies for an offence against section 531 only 25
if the appointment of the administrator was made for section 26
530(1)(a). 27
Page 223
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 3 Proceedings for offences
[s 498]
498 Proceeding brought in a representative capacity 1
(1) A proceeding mentioned in section 497(1) may be started by a 2
person on behalf of an entity with the entity's consent. 3
(2) If the entity on whose behalf the proceeding is started is an 4
unincorporated body, the body's committee or other 5
controlling or governing body must give the consent. 6
(3) The entity on whose behalf the proceeding is started may 7
contribute to, or pay, the legal costs incurred by the person 8
starting the proceeding. 9
499 Orders Magistrates Court may make in offence 10
proceeding 11
(1) After hearing a complaint for an offence against this Act, the 12
Magistrates Court may make an order against the defendant 13
the court considers appropriate. 14
(2) The order may be made in addition to, or in substitution for, 15
any penalty the court may otherwise impose. 16
(3) The order may require the defendant-- 17
(a) to do or not to do another act in relation to failure impact 18
assessment; or 19
(b) to pay an amount by way of damages to the complainant 20
for injuries suffered by the complainant as the result of 21
the defendant committing an offence against this Act. 22
(4) The order must state the time by which, or period within 23
which, the order must be complied with. 24
(5) The order may state that contravention of the order is a public 25
nuisance. 26
500 Offence to contravene Magistrates Court order 27
A person against whom an order under section 499 has been 28
made must comply with the order. 29
Maximum penalty--1000 penalty units. 30
Page 224
Water Supply (Safety and Reliability) Bill 2008
Chapter 6 Offences, evidentiary matters and legal proceedings
Part 4 Miscellaneous provisions
[s 501]
Part 4 Miscellaneous provisions 1
501 Chief executive's and regulator's power to remedy stated 2
public nuisance 3
(1) This section applies if an order under section 499 states that 4
contravention of the order is a public nuisance. 5
(2) If the order is not complied with, the chief executive or the 6
regulator may undertake any work necessary to remove the 7
nuisance. 8
(3) If the chief executive or the regulator carries out works under 9
subsection (2), the chief executive or the regulator may 10
recover as a debt from the person against whom the order was 11
made the reasonable cost of the works. 12
502 Responsibility for acts or omissions of representatives 13
(1) This section applies in a proceeding for an offence against this 14
Act. 15
(2) If it is relevant to prove a person's state of mind about a 16
particular act or omission, it is enough to show-- 17
(a) the act was done or omitted to be done by a 18
representative of the person within the scope of the 19
representative's actual or apparent authority; and 20
(b) the representative had the state of mind. 21
(3) An act done or omitted to be done for a person by a 22
representative of the person within the scope of the 23
representative's actual or apparent authority is taken to have 24
been done or omitted to be done also by the person, unless the 25
person proves the person could not, by the exercise of 26
reasonable diligence, have prevented the act or omission. 27
(4) In this section-- 28
representative means-- 29
Page 225
Water Supply (Safety and Reliability) Bill 2008
Chapter 7 Reviews, appeals and arbitration
Part 1 Preliminary
[s 510]
(a) for a corporation--an executive officer, employee or 1
agent of the corporation; or 2
(b) for an individual--an employee or agent of the 3
individual. 4
state of mind of a person includes-- 5
(a) the person's knowledge, intention, opinion, belief or 6
purpose; and 7
(b) the person's reasons for the intention, opinion, belief or 8
purpose. 9
503 Sections 503-509 not used 10
See editor's note for section 1. 11
Chapter 7 Reviews, appeals and 12
arbitration 13
Part 1 Preliminary 14
510 Who is an interested person 15
(1) An interested person for this chapter is-- 16
(a) a person who has been given an information notice or a 17
compliance notice by the chief executive, or an 18
authorised officer appointed by the chief executive; or 19
(b) a person who has been given an information notice or a 20
compliance notice by the regulator, or an authorised 21
officer appointed by the regulator; or 22
(c) a person who has been given an information notice by a 23
local government. 24
Page 226
Water Supply (Safety and Reliability) Bill 2008
Chapter 7 Reviews, appeals and arbitration
Part 2 Review of decisions
[s 511]
(2) The decision or action for which a notice was given under 1
subsection (1) is an original decision. 2
Part 2 Review of decisions 3
511 Appeal process starts with review 4
Every appeal against an original decision must be, in the first 5
instance, by way of an application for a review. 6
512 Who may apply for review 7
(1) An interested person for an original decision may apply for a 8
review of the decision (a review application). 9
(2) A review application may be made only to the following 10
person (the reviewer)-- 11
(a) for a decision mentioned in section 510(1)(a)--the chief 12
executive; 13
(b) for a decision mentioned in section 510(1)(b)--the 14
regulator; 15
(c) for a decision mentioned in section 510(1)(c)--the chief 16
executive officer of the local government. 17
513 Requirements for making review application 18
(1) A review application must be-- 19
(a) in the approved form; and 20
(b) accompanied by a statement of the grounds on which the 21
applicant seeks the review of the decision; and 22
(c) supported by enough information to enable the reviewer 23
to decide the application; and 24
Page 227
Water Supply (Safety and Reliability) Bill 2008
Chapter 7 Reviews, appeals and arbitration
Part 2 Review of decisions
[s 514]
(d) made within 30 business days after the day the applicant 1
is given an information notice about the decision to 2
which the application relates or a compliance notice. 3
(2) However, the reviewer may, at any time, extend the time for 4
making a review application. 5
(3) On or before making the review application, the applicant 6
must send the following documents to any other person who 7
was given an information notice about the original decision-- 8
(a) notice of the application (the submitter notice); 9
(b) a copy of the application and supporting documents. 10
(4) The submitter notice must inform the recipient of the notice 11
that written submissions on the review application may be 12
made to the reviewer within 5 business days after the 13
application is made to the reviewer. 14
514 Review decision 15
(1) The reviewer must, within 20 business days after receiving a 16
review application-- 17
(a) review the original decision the subject of the 18
application; and 19
(b) consider any properly made submissions by a recipient 20
of the submitter notice; and 21
(c) make a decision (the review decision) to-- 22
(i) confirm the original decision; or 23
(ii) amend the original decision; or 24
(iii) substitute another decision for the original 25
decision. 26
(2) The reviewer may, by notice to the applicant and before the 27
period mentioned in subsection (1) has expired, extend the 28
period by not more than 30 business days. 29
(3) Only 1 notice may be given under subsection (2) for each 30
review. 31
Page 228
Water Supply (Safety and Reliability) Bill 2008
Chapter 7 Reviews, appeals and arbitration
Part 2 Review of decisions
[s 515]
(4) The application must not be dealt with by-- 1
(a) the person who made the original decision; or 2
(b) a person in a less senior office than the person who 3
made the original decision. 4
(5) Subsection (4)-- 5
(a) applies despite the Acts Interpretation Act 1954, section 6
27A; and 7
Editor's note-- 8
Acts Interpretation Act 1954, section 27A (Delegation of 9
functions or powers) 10
(b) does not apply to an original decision made by the chief 11
executive. 12
(6) If the review decision confirms the original decision, for the 13
purpose of arbitration or an appeal, the original decision is 14
taken to be the review decision. 15
(7) If the review decision amends the original decision, for the 16
purpose of arbitration or an appeal, the original decision as 17
amended is taken to be the review decision. 18
515 Notice of review decision 19
(1) The reviewer must, within 10 business days after making a 20
review decision, give each of the following notice of the 21
review decision (a review notice)-- 22
(a) the applicant; 23
(b) any person who was given notice of the original 24
decision. 25
(2) The review notice must state-- 26
(a) the reasons for the review decision; and 27
(b) if the review decision is not the decision sought by the 28
applicant, that the applicant may, within 30 business 29
days after the review notice is given-- 30
Page 229
Water Supply (Safety and Reliability) Bill 2008
Chapter 7 Reviews, appeals and arbitration
Part 2 Review of decisions
[s 515]
(i) for a decision or action mentioned in section 351, 1
352, 354, 356 or 359--appeal against the decision 2
to the Planning and Environment Court; or 3
(ii) for a decision or action mentioned in section 4
510(1)(a) for which a compliance notice was 5
given, other than a decision or action mentioned in 6
subparagraph (i)--appeal against the decision to 7
the Magistrates Court; or 8
(iii) for a decision or action mentioned in section 9
510(1)(c)--appeal against the decision to the 10
Magistrates Court; or 11
(iv) for a decision or action mentioned in section 12
510(1)(b) that is a decision or action relating to a 13
matter involving drinking water or recycled 14
water--appeal against the decision to the Planning 15
and Environment Court; or 16
(v) for a decision or action mentioned in section 17
510(1)(b), other than a decision or action 18
mentioned in subparagraph (iv)--apply for 19
arbitration on the decision under part 4; and 20
(c) if the notice states under paragraph (b)(v) that the 21
applicant may apply for arbitration--that the applicant 22
may apply to a court with jurisdiction to hear the 23
proceeding for a stay of the review decision; and 24
(d) if the notice states under paragraph (b)(i), (ii), (iii) or 25
(iv) that the applicant may appeal to a court--that the 26
applicant may apply to the court mentioned in paragraph 27
(b)(i), (ii), (iii) or (iv) for a stay of the review decision. 28
(3) A copy of the relevant appeal or arbitration provisions of this 29
Act must also be given with each review notice or copy of a 30
review notice. 31
(4) If the reviewer does not give the review notice within the 10 32
days, the reviewer is taken to have made a decision 33
confirming the original decision. 34
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Chapter 7 Reviews, appeals and arbitration
Part 2 Review of decisions
[s 516]
516 Stay of operation of original decision 1
(1) A review application does not stay the original decision the 2
subject of the application. 3
(2) However, the applicant may immediately apply for a stay of 4
the original decision to-- 5
(a) if, under section 515(2)(b)(i) or (iv), the applicant would 6
be able to appeal to the Planning and Environment 7
Court--the Planning and Environment Court; or 8
(b) if, under section 515(2)(b)(ii) or (iii), the applicant 9
would be able to appeal to the Magistrates Court--the 10
Magistrates Court; or 11
(c) if, under section 515(2)(b)(v), the applicant would be 12
able to apply for arbitration--a court with jurisdiction to 13
hear the proceeding. 14
(3) The court may stay the original decision to secure the 15
effectiveness of the review and any later arbitration or appeal 16
to the court. 17
(4) The stay-- 18
(a) may be given on conditions the court considers 19
appropriate; and 20
(b) operates for the period fixed by the court; and 21
(c) may be revoked or amended by the court. 22
(5) The period of the stay must not extend past the day when the 23
reviewer makes a review decision about the original decision 24
and any later period the court allows the applicant to enable 25
the applicant to-- 26
(a) seek arbitration on the review decision; or 27
(b) appeal against the review decision. 28
(6) A review application affects the original decision, or carrying 29
out of the decision, only if the decision is stayed. 30
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Chapter 7 Reviews, appeals and arbitration
Part 3 Appeals
[s 517]
Part 3 Appeals 1
517 Who may appeal 2
If an interested person has applied for a review of an original 3
decision, any interested person for the original decision may 4
appeal against the review decision to-- 5
(a) if the review decision was about an original decision or 6
action mentioned in section 351, 352, 349, 354 or 7
359--the Planning and Environment Court; and 8
(b) if the review decision was about a decision or action 9
mentioned in section 510(1)(a) for which a compliance 10
notice was given or a decision or action mentioned in 11
section 510(1)(c)--the Magistrates Court; and 12
(c) if the review decision was about a decision or action 13
mentioned in section 510(1)(b) that is a decision or 14
action relating to a matter involving drinking water or 15
recycled water--the Planning and Environment Court. 16
518 Starting an appeal 17
(1) An appeal is started by-- 18
(a) filing a notice of appeal with the court; and 19
(b) serving a copy of the notice on the chief executive; and 20
(c) complying with rules of court applicable to the appeal. 21
(2) The notice of appeal must be filed within 30 business days 22
after the appellant receives notice of the review decision 23
appealed against. 24
(3) However, the court may, at any time, extend the period for 25
filing the notice of appeal. 26
(4) The notice of appeal must state fully the grounds of the appeal 27
and the facts relied on. 28
Page 232
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Chapter 7 Reviews, appeals and arbitration
Part 3 Appeals
[s 519]
519 Stay of operation of review decision 1
(1) The court to which the appellant could have applied for a stay 2
of an original decision may grant a stay of the operation of a 3
review decision appealed against to secure the effectiveness 4
of the appeal. 5
(2) A stay-- 6
(a) may be given on conditions the court considers 7
appropriate; and 8
(b) operates for the period fixed by the court; and 9
(c) may be revoked or amended by the court. 10
(3) The period of the stay stated by the court must not extend past 11
the time when the arbitration is decided or the court decides 12
the appeal. 13
(4) An appeal against a review decision affects the decision, or 14
the carrying out of the decision, only if the decision is stayed. 15
520 Hearing procedures 16
(1) The procedure for an appeal must be in accordance with the 17
rules of court applicable to the appeal or, if the rules make no 18
provision or insufficient provision, in accordance with 19
directions of the judge or magistrate. 20
(2) An appeal is by way of rehearing, unaffected by the review 21
decision. 22
521 Assessors 23
If the judge or magistrate hearing an appeal is satisfied the 24
appeal involves a question of special knowledge and skill, the 25
judge or magistrate may appoint 1 or more assessors to help in 26
deciding the appeal. 27
522 Powers of court on appeal 28
(1) In deciding an appeal, the court may-- 29
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Chapter 7 Reviews, appeals and arbitration
Part 4 Arbitration
[s 523]
(a) confirm the review decision appealed against; or 1
(b) set aside the review decision and substitute another 2
decision; or 3
(c) send the matter back to the reviewer and give the 4
directions the court considers appropriate. 5
(2) If the court substitutes another decision, the substituted 6
decision is, for the purposes of this Act, other than this part, 7
taken to be the review decision. 8
523 Appeal costs 9
(1) Each party to an appeal must bear the party's own costs for the 10
appeal. 11
(2) However, the court may order a party to an appeal to pay costs 12
to another party if the court considers-- 13
(a) the appeal was frivolous or vexatious; or 14
(b) the party has incurred costs because the other party 15
defaulted in the procedural requirements. 16
Part 4 Arbitration 17
524 Who may apply for arbitration 18
(1) This section applies to a review decision about an original 19
decision the subject of an information notice mentioned in 20
section 510(1)(b), other than an original decision that is a 21
decision relating to a matter involving drinking water or 22
recycled water. 23
(2) An interested person who applied for the review decision and 24
is dissatisfied with the decision may give the authority under 25
the Queensland Competition Authority Act 1997 a notice (a 26
dispute notice) applying for arbitration on the decision. 27
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Chapter 7 Reviews, appeals and arbitration
Part 4 Arbitration
[s 525]
(3) The dispute notice must-- 1
(a) be given within 30 business days after the interested 2
person receives notice of the decision; and 3
(b) state-- 4
(i) the name and address of the interested person; and 5
(ii) details of the review decision and the grounds on 6
which arbitration is sought. 7
(4) The interested person must, at the same time, give a copy of 8
the dispute notice to the regulator. 9
525 Acknowledging dispute notice 10
On receiving the dispute notice, the authority must give the 11
interested person and the regulator a notice acknowledging 12
receipt of the dispute notice. 13
526 Withdrawing dispute notice 14
The interested person may withdraw the dispute notice at any 15
time before the authority makes its decision on the dispute. 16
527 Parties to arbitration 17
The parties to the arbitration are the interested person and the 18
regulator. 19
528 Decision by authority 20
(1) The authority must give a written decision in an arbitration on 21
the dispute. 22
(2) When making the decision, the authority must give the parties 23
its reasons for making the decision. 24
(3) However, the authority is not required to make a decision if it 25
ends the arbitration and the authority is satisfied-- 26
(a) the giving of the dispute notice was vexatious; or 27
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Chapter 8 Miscellaneous
Part 1 Appointment of administrator and emergency powers for particular infrastructure
[s 529]
(b) the subject matter of the dispute is trivial, misconceived 1
or lacking in substance. 2
529 Conduct of arbitration 3
The Queensland Competition Authority Act 1997, part 7, 4
applies to the arbitration. 5
Chapter 8 Miscellaneous 6
Part 1 Appointment of administrator 7
and emergency powers for 8
particular infrastructure 9
Division 1 Appointment of administrator 10
530 Governor in Council may appoint administrator to 11
operate infrastructure 12
(1) Subsection (2) applies if the Minister is satisfied, or 13
reasonably believes-- 14
(a) a service provider has not complied with a compliance 15
notice given by the regulator under section 465; or 16
(b) a service provider is likely to stop supplying a registered 17
service and there is no other entity willing to take over 18
the operation of all or part of the service provider's 19
infrastructure for the service. 20
(2) The Governor in Council may, by gazette notice, authorise 21
any of the following persons (an administrator) to operate the 22
infrastructure and use the service provider's water entitlement 23
to supply the registered service-- 24
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Chapter 8 Miscellaneous
Part 1 Appointment of administrator and emergency powers for particular infrastructure
[s 531]
(a) the regulator; 1
(b) any other person who has the necessary experience or 2
qualifications to operate the infrastructure. 3
(3) Subsection (4) applies if the Minister is satisfied, or 4
reasonably believes, a scheme manager, or recycled water 5
provider or other declared entity, (the responsible entity) for a 6
critical recycled water scheme-- 7
(a) has not complied with a compliance notice; or 8
(b) has stopped, or is likely to stop, supplying recycled 9
water under the scheme. 10
(4) The Governor in Council may, by gazette notice, authorise 11
any of the following persons (also an administrator) to 12
operate the responsible entity's infrastructure for producing or 13
supplying recycled water under the scheme-- 14
(a) the regulator; 15
(b) any other person who has the necessary experience or 16
qualifications to operate the infrastructure. 17
(5) An authorisation under subsection (2) or (4) has effect from 18
the day the notice is published until-- 19
(a) the day stated in the notice; or 20
(b) if no day is stated in the notice--the day a further notice 21
withdrawing the authorisation is published in the 22
gazette. 23
(6) The authorisation may deal with any matter necessary or 24
convenient to help the administrator operate the infrastructure 25
and supply the registered service or recycled water. 26
531 Effect of administrator operating infrastructure 27
(1) If an administrator is authorised under section 530 to operate 28
infrastructure, the infrastructure may be operated by-- 29
(a) the administrator; or 30
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Part 1 Appointment of administrator and emergency powers for particular infrastructure
[s 532]
(b) another person (the operator) appointed by the 1
administrator. 2
(2) The administrator and operator may do all things necessary or 3
convenient to ensure the effective operation of the 4
infrastructure. 5
(3) A person in possession of premises on which the 6
infrastructure operates must give the administrator and 7
operator access to the premises to enable operation of the 8
infrastructure. 9
Maximum penalty--500 penalty units. 10
(4) A person in possession of premises must not act, or refuse to 11
act, if the acting or refusal has the effect of preventing or 12
hindering the administrator or operator from operating the 13
infrastructure. 14
Maximum penalty--1665 penalty units. 15
(5) Subsections (3) and (4) do not apply to an act done, or 16
omission made, during or relating to industrial action as 17
defined under the Industrial Relations Act 1999. 18
(6) The service provider or responsible entity is liable for the 19
administrator's reasonable costs of-- 20
(a) operating the infrastructure; and 21
(b) repairing, replacing or improving the infrastructure. 22
(7) The administrator must pay the service provider or 23
responsible entity any income received by the administrator 24
from operating the infrastructure less all costs mentioned in 25
subsection (6). 26
532 Effect of appointment of administrator 27
(1) Subsections (2) and (3) apply if an administrator is authorised 28
under section 530(2) to operate a service provider's 29
infrastructure. 30
(2) The registration of the service provider as a service provider is 31
suspended from the day the notice is published in the gazette 32
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Chapter 8 Miscellaneous
Part 1 Appointment of administrator and emergency powers for particular infrastructure
[s 533]
under section 530(2) until the day stated in the notice or a 1
further notice under section 530(5)(b) is published. 2
(3) The administrator is taken to be the service provider for the 3
period the administrator's authorisation under section 530(2) 4
is effective. 5
(4) Subsection (5) applies if an administrator is authorised under 6
section 530(4) to operate a responsible entity's infrastructure. 7
(5) The administrator is taken to be the responsible entity for the 8
period the administrator's authorisation under section 530(4) 9
is effective. 10
533 Withdrawing appointment of administrator 11
(1) The Governor in Council may, by gazette notice, withdraw an 12
authorisation given under section 530(2) or (4). 13
(2) If the authorisation is about the operation of a service 14
provider's infrastructure, the suspension of the service 15
provider's registration is removed from the day the notice is 16
published. 17
Division 2 Emergency powers for operating 18
particular infrastructure 19
534 Regulator or other person may operate infrastructure for 20
drinking water--regulator's notice 21
(1) This section applies if the regulator is satisfied, or reasonably 22
believes-- 23
(a) a drinking water service provider for a drinking water 24
service-- 25
(i) has not complied with a compliance notice; or 26
(ii) has stopped, or is likely to stop, the drinking water 27
service; and 28
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Chapter 8 Miscellaneous
Part 1 Appointment of administrator and emergency powers for particular infrastructure
[s 534]
(b) that because of exceptional circumstances, it is 1
necessary for the regulator, or another person appointed 2
by the regulator, to operate the provider's infrastructure 3
for the service to protect public health. 4
(2) The regulator may, on giving notice under this section to the 5
drinking water service provider-- 6
(a) operate the provider's infrastructure for the drinking 7
water service; or 8
(b) appoint another person, who has the necessary 9
experience or qualifications, to operate the 10
infrastructure. 11
(3) The notice must-- 12
(a) describe the infrastructure; and 13
(b) state the reasons that the regulator has given the notice; 14
and 15
(c) state the period for which the regulator or other person 16
may operate the infrastructure. 17
(4) If the regulator operates the infrastructure under subsection 18
(2)(a), the regulator may operate the infrastructure for the 19
period-- 20
(a) starting on the day the notice is given to the drinking 21
water service provider; and 22
(b) ending on the first of the following days to happen-- 23
(i) the day that is 30 business days after the day the 24
notice is given; 25
(ii) the day an administrator is authorised under 26
section 530 to operate the infrastructure for the 27
drinking water service provider's drinking water 28
service. 29
(5) If, under subsection (2)(b), the regulator appoints another 30
person to operate the infrastructure-- 31
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Chapter 8 Miscellaneous
Part 1 Appointment of administrator and emergency powers for particular infrastructure
[s 535]
(a) the regulator must give the drinking water service 1
provider notice of the appointment; and 2
(b) the person may operate the infrastructure for the period 3
starting on the day the person is appointed and ending 4
on the first of the following days to happen-- 5
(i) the day that is 30 business days after the day the 6
notice mentioned in subsection (2) is given to the 7
drinking water service provider; 8
(ii) the day an administrator is authorised under 9
section 530 to operate the infrastructure for the 10
provider's drinking water service. 11
535 Regulator or other person may operate infrastructure for 12
recycled water--regulator's notice 13
(1) This section applies if the regulator is satisfied, or reasonably 14
believes-- 15
(a) a scheme manager, or recycled water provider or other 16
declared entity, (the responsible entity) for a critical 17
recycled water scheme-- 18
(i) has not complied with a compliance notice; or 19
(ii) has stopped, or is likely to stop, supplying recycled 20
water under the scheme; and 21
(b) that because of exceptional circumstances, it is 22
necessary for the regulator, or another person appointed 23
by the regulator, to operate the responsible entity's 24
infrastructure for supplying recycled water under the 25
scheme-- 26
(i) to protect public health; or 27
(ii) to ensure the continuity of operation of the 28
recycled water scheme. 29
(2) The regulator may, on giving notice under this section to the 30
responsible entity-- 31
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Chapter 8 Miscellaneous
Part 1 Appointment of administrator and emergency powers for particular infrastructure
[s 535]
(a) operate the responsible entity's infrastructure for 1
producing or supplying recycled water under the 2
scheme; or 3
(b) appoint another person, who has the necessary 4
experience or qualifications, to operate the 5
infrastructure. 6
(3) The notice must-- 7
(a) describe the infrastructure; and 8
(b) state the reasons that the regulator has given the notice; 9
and 10
(c) state the period for which the regulator or other person 11
may operate the infrastructure. 12
(4) If the regulator operates the infrastructure under subsection 13
(2)(a), the regulator may operate the infrastructure for the 14
period-- 15
(a) starting on the day the notice is given to the responsible 16
entity; and 17
(b) ending on the first of the following days to happen-- 18
(i) the day that is 30 business days after the day the 19
notice is given; 20
(ii) the day an administrator is authorised under 21
section 530(4) to operate the responsible entity's 22
infrastructure for supplying recycled water under 23
the critical recycled water scheme. 24
(5) If, under subsection (2)(b), the regulator appoints another 25
person to operate the infrastructure-- 26
(a) the regulator must give the responsible entity notice of 27
the appointment; and 28
(b) the person may operate the infrastructure for the period 29
starting on the day the person is appointed and ending 30
on the first of the following days to happen-- 31
Page 242
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Chapter 8 Miscellaneous
Part 1 Appointment of administrator and emergency powers for particular infrastructure
[s 536]
(i) the day that is 30 business days after the day the 1
notice mentioned in subsection (2) is given to the 2
responsible entity; 3
(ii) the day an administrator is authorised under 4
section 530(4) to operate the responsible entity's 5
infrastructure for supplying recycled water under 6
the critical recycled water scheme. 7
536 Effect of operating infrastructure 8
(1) This section applies if, under section 534 or 535, the regulator 9
or another person operates an entity's infrastructure. 10
(2) Section 531(2) to (7) applies in relation to the operation of the 11
infrastructure-- 12
(a) as if a reference in the section to the administrator or 13
operator were a reference to the regulator or other 14
person; and 15
(b) as if the reference in section 531(6) to the 16
administrator's reasonable costs were a reference to the 17
regulator's or other person's reasonable costs; and 18
(c) as if the reference in section 531(7) to the administrator 19
were a reference to the regulator or other person. 20
(3) The regulator or other person is taken to be the drinking water 21
service provider or responsible entity for the period for which 22
the regulator or person may operate the infrastructure. 23
Division 3 Other matter 24
537 Corporations legislation displacement provision 25
This part is declared to be a Corporations legislation 26
displacement provision for the purposes of the Corporations 27
Act, section 5G, in relation to the provisions of chapter 5 of 28
that Act. 29
Page 243
Water Supply (Safety and Reliability) Bill 2008
Chapter 8 Miscellaneous
Part 2 Relationship with Planning Act
[s 560]
Notes-- 1
1 Chapter 5 of the Corporations Act provides for the external 2
administration of corporations. 3
2 Section 5G of that Act provides that if a State law declares a 4
provision of a State law to be a Corporations legislation 5
displacement provision, any provision of the Corporations 6
legislation with which the State provision would otherwise be 7
inconsistent does not apply to the extent necessary to avoid the 8
inconsistency. 9
538 Sections 538-559 not used 10
See editor's note for section 1. 11
Part 2 Relationship with Planning Act 12
560 Codes for Planning Act 13
A regulation may state a code against which development 14
applications under the Planning Act may be assessed by the 15
chief executive as an assessment manager or concurrence 16
agency under that Act. 17
561 Development applications for referable dams 18
(1) This section applies if a person makes a development 19
application under the Planning Act for operational work-- 20
(a) that is the construction of a referable dam; or 21
(b) that will increase the storage capacity of a referable dam 22
by more than 10%. 23
(2) The development application must be supported by-- 24
(a) evidence that the chief executive has accepted a failure 25
impact assessment of the dam; and 26
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Chapter 8 Miscellaneous
Part 2 Relationship with Planning Act
[s 562]
(b) if a water entitlement is required to operate the 1
dam--the chief executive's written consent to the 2
application being made. 3
(3) If the chief executive is the assessment manager or a referral 4
agency for the development application, the chief executive 5
must assess the development application against the purposes 6
of this Act to the extent the purposes relate to a referable dam. 7
(4) Subsection (3) does not limit the following provisions of the 8
Planning Act-- 9
(a) section 3.3.15; 10
(b) chapter 3, part 5, division 2. 11
562 When applicant may appeal to Land Court 12
(1) This section applies if-- 13
(a) an applicant makes a development application for 14
assessable development mentioned in the Planning Act, 15
schedule 8, part 1, table 4, item 4; and 16
(b) the assessable development is related to an activity 17
authorised under the Mineral Resources Act 1989; and 18
(c) the applicant has applied under the Mineral Resources 19
Act 1989 for authorisation to carry out the activity. 20
(2) Despite the Planning Act, chapter 4, if the applicant appeals 21
against a decision about the development application, the 22
appeal may be to the Land Court. 23
563 Sections 563-569 not used 24
See editor's note for section 1. 25
Page 245
Water Supply (Safety and Reliability) Bill 2008
Chapter 8 Miscellaneous
Part 3 Other miscellaneous provisions
[s 570]
Part 3 Other miscellaneous 1
provisions 2
570 Advisory councils 3
(1) The Minister may establish as many advisory councils as the 4
Minister considers appropriate for the administration of this 5
Act, including, for example, for any of the following-- 6
(a) flood mitigation; 7
(b) referable dams; 8
(c) guidelines; 9
(d) policy recommendations. 10
(2) An advisory council has the functions the Minister decides. 11
(3) A member of an advisory council may be paid the fees and 12
allowances decided by the Governor in Council. 13
(4) The chief executive may make available to an advisory 14
council the technical, clerical, secretarial or other help the 15
chief executive considers necessary for the performance of its 16
functions and the conduct generally of its affairs. 17
571 Regulator may make guidelines 18
(1) The regulator may make guidelines to provide guidance to 19
persons about any of the following-- 20
(a) preparing a water efficiency management plan; 21
(b) preparing a strategic asset management plan; 22
(c) preparing a system leakage management plan; 23
(d) granting an exemption from preparing a system leakage 24
management plan; 25
(e) preparing customer service standards; 26
(f) preparing a drought management plan; 27
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Chapter 8 Miscellaneous
Part 3 Other miscellaneous provisions
[s 572]
(g) preparing an outdoor water use conservation plan; 1
(h) the quality of drinking water or recycled water; 2
(i) preparing a drinking water quality management plan or 3
recycled water management plan; 4
(j) validating recycled water schemes; 5
(k) applying for, and granting, an exemption from preparing 6
a recycled water management plan; 7
(l) preparing audit reports under chapter 2 or 3; 8
(m) preparing annual reports under sections 142 or 271; 9
(n) issuing a rate notice or account for the supply of water 10
to residential premises; 11
(o) granting exemptions for small service providers under 12
section 147; 13
(p) another matter relating to the administration of this Act. 14
(2) A guideline about the quality of drinking water or recycled 15
water must not be inconsistent with any standard about the 16
quality of drinking water or recycled water prescribed in a 17
regulation under the Public Health Act. 18
572 Chief executive may make guidelines 19
The chief executive may make guidelines to provide guidance 20
to persons about any of the following-- 21
(a) failure impact assessment of water dams; 22
(b) applying safety conditions to a referable dam; 23
(c) another matter relating to the administration of this Act. 24
573 Water service provider may make guidelines 25
A water service provider may make guidelines to provide 26
guidance to persons about preparing a water efficiency 27
management plan. 28
Page 247
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Chapter 8 Miscellaneous
Part 3 Other miscellaneous provisions
[s 574]
574 Documents regulator and chief executive must keep 1
available for inspection and purchase 2
(1) The regulator and the chief executive must keep a copy of the 3
following documents available for inspection by the public 4
during office hours on business days at the head office, or at 5
the appropriate regional office, of the department-- 6
(a) each guideline made under section 571 or 572; 7
(b) each annual report prepared by the regulator. 8
(2) The chief executive may also keep a copy of a document 9
mentioned in subsection (1) available for inspection by the 10
public at other places the chief executive considers 11
appropriate. 12
(3) A person may, on payment of a fee decided by the chief 13
executive or regulator, obtain a copy of a document available 14
for inspection under this section. 15
(4) The fee decided by the chief executive or regulator must not 16
be more than the reasonable cost of providing the copy. 17
575 Documents service provider must keep available for 18
inspection and purchase 19
(1) A service provider must keep a copy of the following 20
documents available for inspection by the public during office 21
hours on business days at the office of the service provider-- 22
(a) any guideline made for preparing a water efficiency 23
management plan; 24
(b) each audit report prepared under section 108; 25
(c) each drought management plan prepared under section 26
123; 27
(d) each annual report prepared under section 141; 28
(e) each map of a service area prepared under section 163. 29
(2) The service provider may also keep a copy of a document 30
mentioned in subsection (1) available for inspection by the 31
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Chapter 8 Miscellaneous
Part 3 Other miscellaneous provisions
[s 576]
public at other places the service provider considers 1
appropriate. 2
(3) A person may, on payment of a fee decided by the service 3
provider, obtain a copy of a document available for inspection 4
under this section. 5
(4) The fee decided by the service provider must not be more than 6
the reasonable cost of providing the copy. 7
576 Documents recycled water provider must keep available 8
for inspection and purchase 9
(1) A recycled water provider must keep a copy of the following 10
documents available for inspection by the public during office 11
hours on business days at the office of the provider-- 12
(a) each regular audit report prepared under section 261; 13
(b) each annual report prepared under section 271. 14
(2) The recycled water provider may also keep a copy of a 15
document mentioned in subsection (1) available for inspection 16
by the public at other places the provider considers 17
appropriate. 18
(3) A person may, on payment of a fee decided by the recycled 19
water provider, obtain a copy of a document available for 20
inspection under this section. 21
(4) The fee decided by the recycled water provider must not be 22
more than the reasonable cost of providing the copy. 23
577 Records to be kept in registries 24
(1) If the chief executive gives an owner or operator of a dam a 25
notice under section 359(1), the chief executive must give the 26
registrar of titles a copy of the notice. 27
(2) The registrar of titles must record the notice in a way that a 28
search of the register kept by the registrar under any Act 29
relating to the land mentioned in section 359(1) will show 30
that-- 31
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Chapter 8 Miscellaneous
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[s 578]
(a) a notice has been given under section 359(1) for the 1
land; and 2
(b) particulars of the notice may be obtained from the chief 3
executive. 4
(3) If the chief executive is satisfied the notice has been complied 5
with or is no longer required, the chief executive must ask the 6
registrar of titles to remove the notice from the register. 7
(4) If the registrar of titles receives a request under section 361, 8
the registrar must register, release or vary the charge 9
according to the request. 10
578 Protecting officials from liability 11
(1) An official is not civilly liable for an act done, or omission 12
made, honestly and without negligence under this Act. 13
(2) If subsection (1) prevents a civil liability attaching to an 14
official, the liability attaches instead to the State. 15
(3) In this section-- 16
official means-- 17
(a) the Minister; or 18
(b) the chief executive; or 19
(c) the regulator; or 20
(d) an authorised officer; or 21
(e) a member of an advisory council; or 22
(f) a person acting under the direction of a person 23
mentioned in paragraph (a), (b), (c) or (d). 24
579 Regulator may share particular information 25
(1) The regulator may give information about a drinking water 26
service provider or a recycled water provider, or the operation 27
of the provider's drinking water service or recycled water 28
scheme, to the health chief executive for the purpose of 29
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Chapter 8 Miscellaneous
Part 3 Other miscellaneous provisions
[s 580]
preventing or minimising a risk, or potential risk, to public 1
health. 2
(2) In this section-- 3
health chief executive means the chief executive of the 4
department in which the Public Health Act is administered. 5
580 Non-disclosure of commercially sensitive information 6
(1) This section applies if-- 7
(a) information about a person (a client) is received by the 8
Minister, the chief executive or the regulator (the entity) 9
under section 13 or chapter 2, part 4, division 3 or 10
chapter 3; and 11
(b) the client who provides the information advises the 12
entity that the information is commercially sensitive; 13
and 14
(c) the entity believes disclosure of the information-- 15
(i) would be likely to damage the client's commercial 16
activities; and 17
(ii) would not be in the public interest. 18
(2) The entity must take all reasonable steps to ensure the 19
information is not, without the client's consent, disclosed to 20
another person other than-- 21
(a) an employee of the department who receives the 22
information in the course of the employee's duties; or 23
(b) the chief executive of the department in which the 24
Public Health Act is administered, if the disclosure is for 25
the purpose of preventing or minimising a risk, or 26
potential risk, to public health. 27
(3) An employee mentioned in subsection (2)(a) must not 28
disclose to any person information the employee obtains 29
under subsection (2). 30
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[s 581]
(4) In this section-- 1
commercially sensitive means reasonably expected to affect 2
adversely the client's commercial activities, if made publicly 3
available. 4
581 Delegation by Minister 5
The Minister may delegate the Minister's powers under this 6
Act to an appropriately qualified public service officer or 7
employee. 8
582 Delegation by chief executive 9
The chief executive may delegate the chief executive's powers 10
under this Act to an appropriately qualified public service 11
officer or employee. 12
583 Fees and charges payable to chief executive and 13
regulator 14
(1) This section applies to a fee or charge payable under a 15
regulation made under this Act to the chief executive or 16
regulator. 17
(2) If an amount of a fee or charge remains unpaid after the day 18
stated in the regulation for payment of the fee or charge-- 19
(a) the amount is a debt payable to the State; and 20
(b) the late fee prescribed in the regulation applies to the 21
amount. 22
(3) The Minister may waive all or part of a fee or charge payable 23
by a person if the Minister is satisfied payment of the fee 24
would cause financial hardship to the person because of the 25
effects of-- 26
(a) drought, flood, fire or other natural disaster; or 27
(b) economic recession. 28
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[s 584]
584 Non-payment of fees or charges 1
(1) This section applies if all or part of a fee or charge payable to 2
the chief executive remains unpaid for 20 business days after 3
the day stated in the regulation for payment of the fee or 4
charge. 5
(2) The chief executive may give the person who is liable to pay 6
the fee or charge a written notice-- 7
(a) stating the period to which the fee or charge relates; and 8
(b) stating the amount, including any late fee, owing at the 9
date of the notice; and 10
(c) requiring the person-- 11
(i) to pay the amount owing; or 12
(ii) to make arrangements, satisfactory to the chief 13
executive, for payment of the amount owing. 14
585 Approved forms 15
The chief executive and the regulator may each approve forms 16
for use under this Act. 17
586 Regulation-making power 18
(1) The Governor in Council may make regulations under this 19
Act. 20
(2) A regulation may-- 21
(a) prescribe fees and charges payable under this Act; or 22
(b) state the standards for the design and construction of 23
water supply and sewerage infrastructure; or 24
(c) prescribe the experience or qualifications necessary for 25
a person to conduct an audit under chapter 3; or 26
(d) prescribe the qualifications or experience necessary for 27
particular persons engaged in-- 28
(i) the operation of a drinking water service; or 29
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[s 587]
(ii) the production or supply of recycled water by a 1
recycled water provider; or 2
(e) impose a penalty of no more than 20 penalty units for 3
contravention of a regulation. 4
Chapter 9 Transitional and savings 5
provisions 6
Part 1 Purposes, definitions and 7
general approach 8
587 Main purposes of ch 9 9
The main purposes of this chapter are as follows-- 10
(a) to provide for provisions of this Act that are 11
substantially the same as provisions of the Water Act to 12
be dealt with as replacements of the provisions of that 13
Act; 14
(b) without limiting paragraph (a), if a matter was dealt with 15
in the Water Act, chapter 3, by providing for something 16
to be dealt with under that Act, to provide for the matter 17
to be dealt with under this Act; 18
(c) to provide for matters that were not dealt with in the 19
Water Act that are dealt with under this Act. 20
588 Definitions for ch 9 21
In this chapter-- 22
authorised action means an action done under a previous 23
provision. 24
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[s 589]
authorised document means a document made or kept under 1
a previous provision. 2
commencement means the day this section commences. 3
corresponding provision, for a previous provision, means a 4
provision of this Act that is substantially the same as the 5
previous provision. 6
made includes given and issued. 7
obligation includes duty. 8
previous, in relation to a stated provision that includes a 9
number, means the provision of the Water Act with that 10
number immediately before the commencement. 11
previous provision means a provision of the Water Act, as in 12
force immediately before the commencement. 13
protection includes a statement that-- 14
(a) there is no liability; and 15
(b) there is no invalidity; and 16
(c) a person has an entitlement. 17
589 Authorised actions and documents etc. under previous 18
provision 19
(1) This section applies to the following-- 20
(a) an authorised action or document done, made or kept 21
under a previous provision if the authorised action or 22
document continued to have effect or was in force 23
immediately before the commencement; 24
(b) an entity's obligation under a previous provision if the 25
obligation applied to the entity immediately before the 26
commencement; 27
(c) a protection under a previous provision that applied to 28
an entity immediately before the commencement. 29
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[s 590]
(2) Subject to a specific provision of this Act in relation to an 1
authorised action or document, or obligation or protection 2
under a previous provision, if there is a corresponding 3
provision for the previous provision, the authorised action or 4
document, or the obligation or protection-- 5
(a) continues in force or to have effect according to its 6
terms; and 7
(b) may be taken to have been done, made, kept or applied 8
under the corresponding provision. 9
(3) Subsection (2) does not apply to a statutory instrument that is, 10
immediately before the commencement, subordinate 11
legislation. 12
(4) However subsection (2)(b) applies whether or not the previous 13
provision refers to the action or document, or obligation or 14
protection by reference to a provision of the Water Act. 15
(5) Other provisions of this part include examples for this section. 16
Note-- 17
The examples are examples under the Acts Interpretation Act 1954, 18
section 14D. 19
590 Things continued in force under Water Act 20
(1) This section applies to a thing (the thing) that happened under 21
an Act other than the Water Act but that, under the Water Act 22
and in particular under the Water Act, chapter 3, continued to 23
have effect. 24
(2) If the thing has not ended before the commencement of this 25
section, the thing continues to have effect under this Act. 26
(3) Matters in relation to the thing are to be done under this Act 27
unless a provision of the Water Act, chapter 3, provides 28
otherwise and for the purpose the provision continues to have 29
effect. 30
(4) This section does not limit section 589 or another provision of 31
this chapter about the thing. 32
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[s 591]
591 Terminology in things mentioned in s 589(1) 1
(1) This section applies to a document that is-- 2
(a) any of the things mentioned in section 589(1), including, 3
for example, an authorised action or document; or 4
(b) evidence of any of the things. 5
(2) A reference in the document to the thing is to be read, if the 6
context permits and with the necessary changes to 7
terminology, as if the thing were done, made or kept under 8
this Act. 9
Example for subsection (2)-- 10
A notice given under the Water Act by the appointer to an authorised 11
person limiting the powers of the authorised officer is to be read as if the 12
notice limited the powers of the authorised officer under this Act. 13
592 Period stated in previous provision 14
(1) This section applies if, in a previous provision, there is a 15
period for doing something, and the period for doing the thing 16
started before the commencement. 17
(2) If there is a corresponding provision to the previous provision 18
and both the corresponding provision and the previous 19
provision state the same period, the period for the thing 20
continues to have started from when the period started under 21
the previous provision. 22
593 Period or date stated in document given under previous 23
provision 24
(1) This section applies if-- 25
(a) there was a previous provision that provided for a 26
document to be made under it; and 27
(b) there is a corresponding provision to the previous 28
provision; and 29
(c) under the previous provision and before the 30
commencement-- 31
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[s 594]
(i) a document was given to a person, whether or not 1
the person had received the document before the 2
commencement; or 3
Example for subparagraph (i)-- 4
A notice under previous section 381 that states a period 5
within which a person who is making an unauthorised 6
connection to a service provider's infrastructure must state 7
why the service provider should not disconnect the 8
connection. 9
(ii) a document was published. 10
Example for subparagraph (ii)-- 11
a gazette notice under previous section 955(2) authorising 12
an administrator to operate a service provider's 13
infrastructure for a registered service 14
(2) If the document stated a period for doing something-- 15
(a) the stated period continues to apply for doing the thing; 16
and 17
(b) the period continues to have started from when the 18
period started under the previous provision. 19
(3) If the document stated a day before which, or by which, a 20
thing is to be done (however expressed), the thing must be 21
done by the stated day. 22
594 Act or omission happening before commencement may 23
be relevant to proceeding for particular acts or omissions 24
(1) An act or omission that happened before the commencement 25
of this section may be relevant to a proceeding relating to a 26
contravention of a provision of this Act involving an act or 27
omission that happened after the commencement. 28
(2) This section does not limit the Acts Interpretation Act 1954, 29
section 20C. 30
Editor's note-- 31
Acts Interpretation Act 1954, section 20C (Creation of offences and 32
changes in penalties) 33
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[s 595]
(3) In this section-- 1
contravention includes an alleged contravention. 2
595 Acts Interpretation Act 1954, s 20 not limited 3
This chapter does not limit the Acts Interpretation Act 1954, 4
section 20. 5
Part 2 Transitional provisions relating 6
to particular provisions of the 7
Water Act 8
Division 1 Transitional provisions relating to 9
the Water Act, chapter 3 10
Subdivision 1 Examples for chapter 2 11
596 Examples for ch 2 of things under s 589 12
For the operation of chapter 2, the following are examples of 13
authorised actions or documents for section 589 in relation to 14
matters dealt with under the Water Act, chapter 3-- 15
(a) an application to the regulator under a previous 16
provision, including, for example, the following-- 17
(i) an application under previous section 371 for 18
registration as a service provider; 19
(ii) an application under previous section 373 to 20
amend a service provider's details of registration in 21
the service provider register; 22
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[s 596]
(iii) an application under previous section 376B to have 1
a service provider's registration cancelled; 2
(b) the registration by the regulator under previous section 3
372 of a service provider; 4
(c) a notice under a previous provision, including, for 5
example, the following-- 6
(i) a notice under previous section 374 of a proposed 7
transfer of ownership of a service provider's 8
infrastructure; 9
(ii) a notice under previous section 376 of a possible 10
stoppage of the supply of a service provider's 11
registered service; 12
(iii) a notice under previous section 378 of a change of 13
a service provider's registration details; 14
(iv) a notice given under previous section 381 asking a 15
person to state why the service provider should not 16
disconnect an unauthorised connection to the 17
service provider's infrastructure; 18
(v) a notice under previous section 382 to do particular 19
work in relation to a service provider's 20
infrastructure; 21
(d) the installation of a meter under previous section 383; 22
(e) the imposition of a service provider water restriction 23
under previous section 388; 24
(f) an extension of time under previous section 402(5) or 25
491(5); 26
(g) a report under previous section 404; 27
(h) a show cause notice under a previous provision, 28
including, for example, a show cause notice under 29
previous section 419(2) or 471(2); 30
(i) a submission made in relation to a show cause notice; 31
(j) an information notice under a previous provision; 32
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[s 597]
Examples-- 1
previous sections 412(2), 414F(3), 414H(3), 414J(3), 414K(2), 2
419(6), 427(6), 429F(5), 429G(3), 436(1) or (5), 437(3) and 3
471(4) or (8) 4
(k) a register of service providers under previous section 5
516. 6
597 Examples for ch 2 of obligations under s 589 7
For the operation of chapter 2, the following are examples of 8
obligations for section 589 in relation to matters dealt with 9
under the Water Act, chapter 3-- 10
(a) an obligation under previous section 384(2) to give 11
notice of entry to premises; 12
(b) an obligation under previous section 385 to give notice 13
of the particulars of damage to anything; 14
(c) an obligation to comply with a direction given under 15
previous section 388A(3); 16
(d) an obligation to comply with an approved response 17
under previous section 388A(6); 18
(e) a requirement of a service provider under previous 19
section 400(3); 20
(f) a requirement for a service provider to arrange regular 21
audit reports, and give the reports to the regulator, under 22
previous section 417(1). 23
598 Examples for ch 2 of protections under s 589 24
For the operation of chapter 2, the following are examples of 25
protections for section 589 in relation to matters dealt with 26
under the Water Act, chapter 3-- 27
(a) a right for a service provider to recover a loss or costs, as 28
a debt due to the service provider, under a previous 29
provision; 30
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[s 599]
Example-- 1
See previous sections 381 and 387. 2
(b) a right for a person to claim compensation under 3
previous section 386; 4
(c) the statement in previous section 395(1) that no liability 5
was incurred as mentioned in that provision. 6
Subdivision 2 Service providers and service 7
provider obligations 8
599 Existing service providers 9
(1) This section applies to a person registered under previous 10
section 372 as a service provider, or taken to be a service 11
provider under the Water Act, section 1060(2), for supplying a 12
water or sewerage service immediately before the 13
commencement. 14
(2) On the commencement, the person is taken to be registered 15
under chapter 2, part 3, as a service provider for supplying the 16
service. 17
600 Water efficiency management plans 18
(1) A water efficiency management plan approved under the 19
Water Act, chapter 3, part 2, division 7 and in force 20
immediately before the commencement is, from the 21
commencement, taken to be a water efficiency management 22
plan approved under chapter 2, part 3, division 6. 23
(2) The Water Act, section 1155 continues to apply except that a 24
reference to the Water Act, chapter 3, part 2, division 7 is 25
taken to be a reference to chapter 2, part 3, division 6. 26
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[s 601]
601 Approved strategic asset management plans 1
A strategic asset management plan approved under previous 2
section 411 and in force immediately before the 3
commencement is, from the commencement, taken to be a 4
strategic asset management plan approved under section 74. 5
602 Approved system leakage management plans 6
(1) A system leakage management plan approved under previous 7
section 414I and in force immediately before the 8
commencement is, from the commencement, taken to be a 9
system leakage management plan approved under section 87. 10
(2) An exemption given under previous section 414F and in force 11
immediately before the commencement-- 12
(a) is, on the commencement, taken to be an exemption 13
given under section 84; and 14
(b) applies for the balance of the period for which it was 15
granted under the Water Act. 16
(3) The Water Act, section 1136F continues to apply except that a 17
reference to section 414D is taken to be a reference to section 18
82. 19
603 Audit reports 20
An audit report given under previous section 417 to the 21
regulator is, from the commencement, taken to be an audit 22
report given under section 108. 23
604 Customer service standard 24
A customer service standard prepared under previous section 25
424 is, from the commencement, taken to be a customer 26
service standard prepared under section 115. 27
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[s 605]
605 Drought management plan 1
(1) A drought management plan registered under previous section 2
429H and in force immediately before the commencement is, 3
from the commencement, taken to be a drought management 4
plan registered under section 128. 5
(2) An exemption given under previous section 429F and not 6
cancelled before the commencement is, from the 7
commencement, taken to be an exemption given under section 8
126. 9
606 Application of provision about guidelines for rate notice 10
or account for water supply 11
The Water Act, section 1153 continues to apply except that a 12
reference to section 429R is taken to be a reference to section 13
138. 14
607 Application of provision about water advices 15
The Water Act, section 1154 continues to apply except that a 16
reference to section 429S is taken to be a reference to section 17
139. 18
608 Service areas 19
(1) This section applies to a local government area, or part of a 20
local government area, that was, immediately before the 21
commencement, a service area under previous section 449 or 22
the Water Act, section 1063 for a retail water service or 23
sewerage service (the existing service area). 24
(2) On the commencement-- 25
(a) the existing service area is taken to be a service area 26
declared under section 161 (the new service area) by the 27
local government for the local government area; and 28
(b) the service provider for the existing service area is the 29
service provider for the new service area. 30
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[s 609]
(3) The Water Act, section 1064 continues to apply except that a 1
reference to chapter 3, part 4, divisions 3 and 4 is taken to be a 2
reference to chapter 2, part 5, divisions 3 and 4. 3
Editor's note-- 4
Water Act, section 1064 (Local governments to be service providers for 5
service areas) 6
609 Existing trade waste approvals 7
(1) This section applies to each of the following approvals (a 8
Water Act approval), in force immediately before the 9
commencement of this section-- 10
(a) a trade waste approval given under previous section 469; 11
(b) an approval taken to be a trade waste approval under the 12
Water Act, section 1048B. 13
(2) On the commencement-- 14
(a) the approval is taken to be a trade waste approval 15
granted under section 180; and 16
(b) any conditions applying to the Water Act approval 17
continue to apply. 18
Subdivision 3 Referable dams and flood mitigation 19
610 Examples for ch 4 of things under s 589 20
(1) For the operation of chapter 4, the following are examples of 21
authorised actions or documents for section 589 in relation to 22
matters dealt with under the Water Act, chapter 3-- 23
(a) a requirement under previous section 486 for an owner 24
of a dam to pay the cost of preparing and certifying a 25
failure impact assessment for the dam; 26
(b) an information notice, including an information notice 27
under previous section 489(2), 490(2), 491(7) or 492(7); 28
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[s 611]
(c) a decision made by the chief executive, including a 1
decision about safety conditions for a dam; 2
(d) a notice given under previous section 494. 3
(2) For the operation of chapter 4, the following are examples of 4
obligations for section 589 in relation to matters dealt with 5
under the Water Act, chapter 3-- 6
(a) an obligation under previous section 483 in relation to 7
having a dam failure impact assessed; 8
(b) an obligation to comply with a notice given under 9
previous section 494; 10
(c) an obligation under previous section 499 for the owner 11
of a dam to review the flood mitigation manual for the 12
dam. 13
(3) For the operation of chapter 4, the following are examples of 14
protections for section 589 in relation to matters dealt with 15
under the Water Act, chapter 3-- 16
(a) the statement in previous section 500(1) that no liability 17
was incurred as mentioned in that provision; 18
(b) the statement in previous section 500(2) that no liability 19
was incurred as mentioned in that provision. 20
611 Referable dams and failure impact assessment 21
(1) This section applies to a dam if, immediately before the 22
commencement, the dam was a referable dam (a Water Act 23
referable dam) under previous section 481 or the Water Act, 24
section 1067(5)(a), 1068(2)(a) or 1069(2)(a). 25
(2) On the commencement, a Water Act referable dam is taken to 26
be a referable dam under section 341. 27
(3) If a Water Act referable dam has been failure impact assessed, 28
within the meaning of the Water Act, the assessment is taken 29
to be a failure impact assessment completed under chapter 4, 30
part 1, division 2. 31
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[s 612]
612 Hazardous dams 1
(1) This section applies to a dam that, immediately before the 2
commencement of the Water Act, section 1065 contained 3
hazardous waste. 4
(2) The Water Act, section 1065(3)(c) continues to apply except 5
that-- 6
(a) a reference to section 43 of the repealed Act is taken to 7
be a reference to the repealed Gladstone Area Water 8
Board Act 1984, section 43; and 9
(b) a reference to the commencement is taken to be a 10
reference to the commencement of the Water Act, 11
section 1065. 12
(3) The Water Act, section 1065AA continues to apply. 13
613 Approved flood mitigation manuals 14
(1) A flood mitigation manual approved under the previous 15
section 497 and in force immediately before the 16
commencement is, from the commencement, taken to be a 17
flood mitigation manual approved under section 371. 18
(2) The approval of the flood mitigation manual is for the balance 19
of the period of approval for which the manual was approved 20
under the Water Act. 21
Division 2 Transitional provisions relating to 22
the Water Act, chapter 5 23
614 Examples for ch 5 of things under s 589 24
(1) For the operation of chapter 5, the following are examples of 25
authorised actions or documents for section 589 in relation to 26
matters dealt with under the Water Act, chapter 5-- 27
(a) the appointment of a person as an authorised officer 28
under previous section 739; 29
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[s 614]
(b) an order of a court, including, for example, the 1
following-- 2
(i) an order for a person to forfeit a thing to the State 3
under previous section 757G; 4
(ii) an order for a person to comply with a document 5
production requirement under previous section 6
762; 7
(iii) an enforcement order under previous section 788; 8
(c) a request to the commissioner of police for a written 9
report under previous section 767. 10
(2) For the operation of chapter 5, the following are examples of 11
obligations for section 589 in relation to matters dealt with 12
under the Water Act, chapter 5-- 13
(a) a requirement under previous section 757D by an 14
authorised officer; 15
(b) a requirement under previous section 763 that a person 16
give information to an authorised officer. 17
(3) For the operation of chapter 5, the following are examples of 18
protections for section 589 in relation to matters dealt with 19
under the Water Act, chapter 5-- 20
(a) the statement in previous section 759(2) that a person 21
does not commit an offence in the circumstances 22
mentioned in that provision; 23
(b) the statement in previous section 762(3) that evidence 24
that may tend to incriminate an individual, derived from 25
a document the individual is compelled to give, is not 26
admissible in proceedings as mentioned in that 27
provision; 28
(c) the statement in previous section 763(5) that evidence 29
that may tend to incriminate an individual, derived from 30
a document the individual is compelled to give, is not 31
admissible in proceedings as mentioned in that 32
provision; 33
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[s 615]
(d) a right to claim compensation from the State under 1
previous section 765. 2
(4) For the operation of chapter 6, the following are examples of 3
authorised actions or documents for section 589 in relation to 4
matters dealt with under the Water Act, chapter 5-- 5
(a) a show cause notice under previous section 778(2), and 6
any submission made in relation to the show cause 7
notice; 8
(b) a starting of proceedings under previous section 931. 9
(5) For the operation of chapter 6, the statement in previous 10
section 828(4) that an executive officer of a corporation has 11
the defence mentioned in that provision in relation to the 12
executive officer committing an offence under the section is 13
an example of a protection for section 589 in relation to 14
matters dealt with under the Water Act, chapter 5. 15
Division 3 Transitional provisions relating to 16
the Water Act, chapter 6 17
615 Examples for ch 7 of things under s 589 18
(1) For the operation of chapter 7, the following are examples of 19
authorised actions or documents for section 589 in relation to 20
matters dealt with under the Water Act, chapter 6-- 21
(a) an application under previous section 862 for an internal 22
review; 23
(b) an extension of time under previous section 863(2); 24
(c) an application for arbitration under a previous provision; 25
(d) an appeal under a previous provision; 26
(e) an application for the stay of an original decision under 27
a previous provision; 28
(f) an extension of time under previous section 878(3); 29
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[s 616]
(g) a withdrawal of a dispute notice under previous section 1
893. 2
(2) For the operation of chapter 7, the following are examples of 3
obligations for section 589 in relation to matters dealt with 4
under the Water Act, chapter 6-- 5
(a) an obligation under previous section 864(2) to review an 6
original decision; 7
(b) an obligation under previous section 895(1) for the 8
authority to make a written determination in an 9
arbitration on a dispute. 10
(3) For the operation of chapter 7, the statement in previous 11
section 895(3) that the authority is not required to make a 12
determination in the circumstances mentioned in the provision 13
is an example of a protection for section 589 in relation to 14
matters dealt with under the Water Act, chapter 6. 15
Division 4 Transitional provisions relating to 16
the Water Act, chapter 7 17
616 Examples for ch 6 of things under s 589 18
For the operation of chapter 6, the following are examples of 19
authorised actions or documents for section 589 in relation to 20
matters dealt with under the Water Act, chapter 7-- 21
(a) a certificate, under previous section 921, purportedly 22
signed by the chief executive or regulator about a 23
matter; 24
(b) an order of a Magistrates Court under previous section 25
934 in relation to a complaint. 26
Page 270
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 2 Transitional provisions relating to particular provisions of the Water Act
[s 617]
Division 5 Transitional provisions relating to 1
the Water Act, chapter 8 2
617 Examples for ch 8 of things under s 589 3
(1) For the operation of chapter 8, the following are examples of 4
authorised actions or documents for section 589 in relation to 5
matters dealt with under the Water Act, chapter 8-- 6
(a) the appointment of a person as an administrator under 7
previous section 955; 8
(b) the suspension of the registration of a service provider 9
under previous section 957(2); 10
(c) a withdrawal under previous section 958; 11
(d) the establishment of an advisory council under previous 12
section 1005; 13
(e) a written notice under previous section 1013B. 14
(2) For the operation of chapter 8, the following are examples of 15
obligations for section 589 in relation to matters dealt with 16
under the Water Act, chapter 8-- 17
(a) an obligation under previous section 956(3) to give the 18
administrator and operator access to premises; 19
(b) an obligation under previous section 956(7) for the 20
administrator to make payment as mentioned in that 21
provision. 22
(3) For the operation of chapter 8, the statement in previous 23
section 1010(2) that no liability was incurred as mentioned in 24
that provision is an example of a protection for section 589 in 25
relation to matters dealt with under the Water Act, chapter 8. 26
Page 271
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 2 Transitional provisions relating to particular provisions of the Water Act
[s 618]
Division 6 Transitional provisions relating to 1
the Water Act--general matters 2
618 Existing applications 3
An application made under a previous provision and not 4
decided on the commencement must be decided under the 5
corresponding provision for the previous provision. 6
619 Existing exemptions 7
If, immediately before the commencement, a person was 8
exempted from a previous provision, the person is taken to be 9
exempted from the corresponding provision for the previous 10
provision. 11
620 Existing authorised officers 12
A person who held an appointment as an authorised officer 13
under a previous provision immediately before the 14
commencement is taken to be appointed as an authorised 15
officer under the corresponding provision for the previous 16
provision. 17
621 Guidelines 18
Any guidelines issued under the Water Act by the regulator 19
under the Water Act, the chief executive or a service provider 20
under the Water Act in relation to a previous provision and in 21
force immediately before the commencement are, from the 22
commencement, taken to be guidelines made by the regulator 23
under this Act, the chief executive or a service provider under 24
this Act for the corresponding provision for the previous 25
provision. 26
Page 272
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 2 Transitional provisions relating to particular provisions of the Water Act
[s 622]
622 Internal review 1
(1) If a person had, under previous section 863, applied for an 2
internal review of an original decision made under the Water 3
Act, chapter 3, and the review decision had not been made 4
before the commencement, the review decision may be made 5
under previous section 864. 6
(2) If a person could have applied under previous section 863 for 7
an internal review of an original decision made under the 8
Water Act, chapter 3, and the person had not applied before 9
the commencement, the person may apply for an internal 10
review of the original decision under previous section 863. 11
623 Appeals 12
(1) Subsection (2) applies if-- 13
(a) a person had appealed to a court under a previous 14
provision before the commencement against a review 15
decision in relation to a matter arising under the Water 16
Act, chapter 3; and 17
(b) the appeal had not been decided before the 18
commencement. 19
(2) The court may hear, or continue to hear, and decide the appeal 20
under the previous provision. 21
(3) Subsection (4) applies if-- 22
(a) a person could have appealed to a court under a previous 23
provision before the commencement against a review 24
decision in relation to a matter arising under Water Act, 25
chapter 3; and 26
(b) the person had not appealed before the commencement. 27
(4) The person may appeal under the previous provision. 28
Page 273
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 2 Transitional provisions relating to particular provisions of the Water Act
[s 624]
624 Arbitration 1
(1) If a person had applied for arbitration of a review decision in 2
relation to a matter arising under the Water Act. chapter 3, and 3
the arbitration had started, but not finished, under a previous 4
provision before the commencement, the arbitration may be 5
finished under the previous provision. 6
(2) If a person could, under a previous provision, have applied for 7
arbitration of a review decision in relation to a matter arising 8
under the Water Act. chapter 3, and the person had not applied 9
before the commencement, the person may apply under the 10
previous provision for arbitration of the review decision. 11
625 Legal proceedings 12
(1) A legal proceeding that could, immediately before the 13
commencement, have been started or continued under a 14
previous provision by or against the Attorney-General or a 15
service provider under the Water Act may, from the 16
commencement, be started or continued under the previous 17
provision by or against the Attorney-General or the service 18
provider. 19
(2) A legal proceeding that could, immediately before the 20
commencement, have been started or continued under a 21
previous provision by or against the regulator under the Water 22
Act may, from the commencement, be started or continued 23
under the previous provision by or against the regulator under 24
this Act. 25
626 References in Acts and documents 26
(1) A reference in an Act or document to a previous provision 27
may, if the context permits, be taken as a reference to the 28
corresponding provision of the previous provision. 29
(2) A reference in an Act or document to the Water Resources Act 30
1989, the Water Act 1926 or the Rights in Water and Water 31
Conservation and Utilization Act 1910 may, if the context 32
permits, be taken to be a reference to this Act. 33
Page 274
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 3 Transitional provisions about outdoor water use conservation plans
[s 627]
Part 3 Transitional provisions about 1
outdoor water use 2
conservation plans 3
627 Application of provision about outdoor water use 4
conservation plan 5
(1) Section 133 does not apply to a person, registered as a water 6
service provider immediately before the commencement of 7
this section, until 2 years after the commencement. 8
(2) Section 133 does not apply to a person, registered as a water 9
service provider after the commencement of this section, until 10
2 years after the provider's registration. 11
Part 4 Transitional provisions about 12
drinking water 13
628 Application of particular provision 14
(1) Section 92 does not apply to a large drinking water service 15
provider in relation to the carrying out of an existing drinking 16
water service by the provider until-- 17
(a) if the provider is given a notice under section 629--the 18
day the period mentioned in section 629(3) ends; or 19
(b) otherwise--1 July 2011. 20
(2) Section 92 does not apply to a medium drinking water service 21
provider in relation to the carrying out of an existing drinking 22
water service by the provider until-- 23
(a) if the provider is given a notice under section 629--the 24
day the period mentioned in section 629(3) ends; or 25
(b) otherwise--1 July 2012. 26
Page 275
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 4 Transitional provisions about drinking water
[s 628]
(3) Section 92 does not apply to a small drinking water service 1
provider in relation to the carrying out of an existing drinking 2
water service by the provider until-- 3
(a) if the provider is given a notice under section 629--the 4
day the period mentioned in section 629(3) ends; or 5
(b) otherwise--1 July 2013. 6
(4) Section 92 does not apply to an entity that becomes a drinking 7
water service provider after 1 July 2008 until 1 year after the 8
day the entity becomes a drinking water service provider. 9
(5) Subsections (1) to (4) do not apply to a drinking water service 10
provider if the drinking water service carried out by the 11
provider is-- 12
(a) water collection in a water storage, if the water in the 13
storage-- 14
(i) includes recycled water; and 15
(ii) is used to augment a drinking water supply; or 16
(b) the treatment of water intended for drinking that is 17
sourced from a water storage, or water released from a 18
water storage, mentioned in paragraph (a). 19
(6) In this section-- 20
existing drinking water service means a drinking water 21
service the drinking water service provider was carrying out 22
immediately before 1 July 2008. 23
large drinking water service provider means a drinking water 24
service provider that is a large service provider. 25
medium drinking water service provider means a drinking 26
water service provider that is a medium service provider. 27
small drinking water service provider means a drinking water 28
service provider that is a small service provider. 29
Page 276
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 4 Transitional provisions about drinking water
[s 629]
629 Notice requiring entity to have approved drinking water 1
quality management plan 2
(1) This section applies in relation to a drinking water service 3
provider to which section 92 does not apply because of the 4
operation of section 628 if the regulator is satisfied, or 5
reasonably believes, the continued operation of the provider's 6
drinking water service may have an adverse affect on public 7
health. 8
(2) The regulator may, by notice given to the drinking water 9
service provider, require the provider to prepare a drinking 10
water quality management plan for the provider's drinking 11
water service for approval by the regulator. 12
(3) The notice must state the reasonable period within which 13
there must be an approved drinking water quality management 14
plan for the provider's drinking water service. 15
630 Provision about water quality monitoring and reporting 16
(1) This section applies to a drinking water service provider if, 17
under section 628, section 92 does not apply to the provider. 18
(2) The regulator may, by notice given to the drinking water 19
service provider, require the provider to do any of the 20
following-- 21
(a) to carry out monitoring, described in the notice, of the 22
quality of water supplied to or from the provider's 23
drinking water service; 24
(b) to give the regulator reports, at the intervals stated in the 25
notice, about the results of the monitoring mentioned in 26
paragraph (a); 27
(c) to give the regulator other reports about the operation of 28
the drinking water service, including, for example, 29
reports about whether the quality of water supplied to or 30
from the provider's drinking water service is consistent 31
with the water quality criteria for drinking water. 32
Page 277
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 5 Transitional provisions about recycled water
[s 631]
(3) The notice may require the drinking water service provider to 1
do a thing mentioned in subsection (2) only-- 2
(a) after 1 January 2009; and 3
(b) until the provider has an approved drinking water 4
quality management plan for the provider's drinking 5
water service. 6
(4) The drinking water service provider must comply with the 7
notice, unless the provider has a reasonable excuse. 8
Maximum penalty for subsection (4)--500 penalty units. 9
Part 5 Transitional provisions about 10
recycled water 11
631 Application of particular provisions--existing schemes 12
(1) Subsection (2) applies to an existing recycled water scheme if 13
recycled water was supplied under the scheme-- 14
(a) to premises by way of a reticulation system used only to 15
provide recycled water for outdoor use or for use in 16
flushing toilets or in laundries; or 17
(b) for use in irrigating minimally processed food crops. 18
(2) Sections 196, 201 and 270 do not apply in relation to the 19
scheme until-- 20
(a) if the relevant entity or a declared entity for the scheme 21
is given a notice under section 634--the day the period 22
mentioned in section 634(4) and stated in the notice 23
ends; or 24
(b) otherwise--1 July 2009. 25
(3) In this section-- 26
Page 278
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 5 Transitional provisions about recycled water
[s 632]
existing recycled water scheme means a recycled water 1
scheme under which recycled water was supplied before 1 2
July 2008. 3
minimally processed food crops means crops stated to be 4
minimally processed food crops, in relation to using recycled 5
water to irrigate the crops, in a regulation under the Public 6
Health Act about standards for the quality of recycled water. 7
632 Application of particular provisions--schemes supplying 8
recycled water for particular purposes 9
(1) Subsection (2) applies to a recycled water scheme if recycled 10
water is supplied under the scheme-- 11
(a) for the first time on or after 1 July 2008 and before 31 12
December 2008; and 13
(b) either-- 14
(i) to premises by way of a reticulation system used 15
only to provide recycled water for outdoor use or 16
for use in flushing toilets or in laundries; or 17
(ii) for use in irrigating minimally processed food 18
crops. 19
(2) Sections 196, 201 and 270 do not apply in relation to the 20
scheme until-- 21
(a) if the relevant entity or a declared entity for the scheme 22
is given a notice under section 634--the day the period 23
mentioned in section 634(4) and stated in the notice 24
ends; or 25
(b) otherwise--the day that is 6 months after the day 26
recycled water is first supplied under the scheme. 27
(3) Subsection (4) applies to a recycled water scheme if recycled 28
water is supplied under the scheme-- 29
(a) for the first time on or after 31 December 2008 and 30
before 1 July 2009; and 31
(b) either-- 32
Page 279
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 5 Transitional provisions about recycled water
[s 633]
(i) to premises by way of a reticulation system used 1
only to provide recycled water for outdoor use or 2
for use in flushing toilets or in laundries; or 3
(ii) for use in irrigating minimally processed food 4
crops. 5
(4) Sections 196, 201 and 270 do not apply in relation to the 6
scheme until-- 7
(a) if the relevant entity or a declared entity for the scheme 8
is given a notice under section 634--the day the period 9
mentioned in section 634(4) and stated in the notice 10
ends; or 11
(b) otherwise--1 July 2009. 12
(5) In this section-- 13
minimally processed food crops means crops stated to be 14
minimally processed food crops, in relation to using recycled 15
water to irrigate the crops, in a regulation under the Public 16
Health Act about standards for the quality of recycled water. 17
633 Application of particular provisions--other schemes 18
(1) Subsections (2) and (3) apply to any recycled water scheme, 19
other than a recycled water scheme-- 20
(a) mentioned in section 631 or 632; or 21
(b) under which recycled water is supplied to augment a 22
supply of drinking water; or 23
(c) under which greywater is supplied. 24
(2) If recycled water was supplied under the scheme before 1 July 25
2008, sections 196, 201 and 270 do not apply in relation to the 26
scheme until-- 27
(a) if the relevant entity or a declared entity for the scheme 28
is given a notice under section 634--the day the period 29
mentioned in section 634(4) and stated in the notice 30
ends; or 31
Page 280
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 5 Transitional provisions about recycled water
[s 634]
(b) otherwise--1 July 2013. 1
(3) If recycled water is supplied under the scheme for the first 2
time after 1 July 2008, sections 196, 201 and 270 do not apply 3
in relation to the scheme until-- 4
(a) if the relevant entity or a declared entity for the scheme 5
is given a notice under section 634--the day the period 6
mentioned in section 634(4) and stated in the notice 7
ends; or 8
(b) otherwise--the day that is 1 year after the day recycled 9
water is first supplied under the scheme. 10
634 Notice requiring entity to have approved plan 11
(1) This section applies in relation to a recycled water scheme to 12
which sections 196, 201 and 270 do not apply because of the 13
operation of section 631, 632 or 633 if-- 14
(a) the scheme becomes a critical recycled water scheme; or 15
(b) the regulator is satisfied, or reasonably believes the 16
continued operation of the scheme is likely to pose a 17
risk to public health. 18
(2) If the scheme is a single-entity recycled water scheme, the 19
regulator may, by notice given to the recycled water provider 20
for the scheme, require the provider to prepare a recycled 21
water management plan for the scheme for approval by the 22
regulator. 23
(3) If the scheme is a multiple-entity recycled water scheme, the 24
regulator may-- 25
(a) by notice given to each recycled water provider or other 26
declared entity for the scheme, require the provider or 27
other entity to prepare a scheme provider plan for the 28
scheme; and 29
(b) by notice given to the scheme manager for the scheme, 30
require the scheme manager to prepare a scheme 31
manager plan for the scheme. 32
Page 281
Water Supply (Safety and Reliability) Bill 2008
Chapter 9 Transitional and savings provisions
Part 6 Regulation-making power for transitional purposes
[s 635]
(4) The notice must state the reasonable period within which 1
there must be an approved recycled water management plan 2
for the recycled water scheme. 3
Part 6 Regulation-making power for 4
transitional purposes 5
635 Transitional regulation-making power 6
(1) A regulation (a transitional regulation) may make provision 7
of a saving or transitional nature about any matter for which it 8
is necessary to make provision to assist the transition from the 9
operation of the previous provisions to the operation of the 10
corresponding provisions. 11
(2) A transitional regulation may have retrospective operation to a 12
day not earlier than the commencement. 13
(3) A transitional regulation must declare it is a transitional 14
regulation. 15
(4) This section and any transitional regulation expire 1 year after 16
the commencement of this section. 17
(5) The Acts Interpretation Act 1954, section 20A, as applied by 18
the Statutory Instruments Act 1992, section 14, applies in 19
relation to the expiry. 20
Page 282
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 1 Amendment of Plumbing and Drainage Act 2002
[s 636]
Chapter 10 Amendment of other Acts 1
Part 1 Amendment of Plumbing and 2
Drainage Act 2002 3
636 Act amended in pt 1 4
This part amends the Plumbing and Drainage Act 2002. 5
637 Amendment of s 85 (Process for assessing plans) 6
Section 85(8)-- 7
insert-- 8
`(c) if the permit relates to a greywater use facility that is or 9
includes a large greywater treatment plant--the 10
regulator.'. 11
638 Amendment of s 85B (Restrictions on giving compliance 12
permit for greywater use facility in a sewered area) 13
(1) Section 85B(2)(a)-- 14
omit. 15
(2) Section 85B(2)(c), `either'-- 16
omit, insert-- 17
`except where the facility is or includes a large greywater 18
treatment plant, either'. 19
(3) Section 85B(2)-- 20
insert-- 21
`(ca) if the facility is or includes a large greywater treatment 22
plant--the local government has received information 23
from the regulator about the requirements applying to 24
the facility under the Water Supply Act; and'. 25
Page 283
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 1 Amendment of Plumbing and Drainage Act 2002
[s 639]
(4) Section 85B(2)-- 1
insert-- 2
`(g) if the compliance permit authorises the connection of a 3
large greywater treatment plant--there is an approved 4
recycled water management plan under the Water 5
Supply Act for the greywater use facility.'. 6
639 Amendment of s 86 (General process for assessing 7
regulated work and on-site sewerage work) 8
Section 86(10)-- 9
insert-- 10
`(c) if the certificate relates to the installation or connection 11
of a greywater use facility, or part of a greywater use 12
facility, that is or includes a large greywater treatment 13
plant--the regulator.'. 14
640 Amendment of s 86C (Conditions of compliance 15
certificate) 16
Section 86C-- 17
insert-- 18
`(2A) However, if the compliance certificate is for regulated work 19
for a greywater use facility that is or includes a large 20
greywater treatment plant, conditions may also be imposed on 21
the compliance certificate in accordance with requirements 22
advised to the local government by the regulator. 23
Example of condition the regulator might require under subsection (2A)-- 24
The regulator may require the local government to impose a condition 25
that greywater must continue to be discharged to sanitary drainage until 26
there is an approved recycled water management plan under the Water 27
Supply Act for the greywater use facility.'. 28
Page 284
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 1 Amendment of Plumbing and Drainage Act 2002
[s 641]
641 Amendment of s 126 (Restriction on building or installing 1
greywater use facility) 2
Section 126(a), after `facility'-- 3
insert-- 4
`, other than a large greywater treatment plant'. 5
642 Amendment of s 128A (Offence to pollute service 6
provider's services) 7
Section 128A(1), `Water Act 2000'-- 8
omit, insert-- 9
`Water Supply Act'. 10
643 Amendment of s 128G (Owner's obligation to maintain 11
plumbing and drainage and on-site sewerage facility) 12
Section 128G-- 13
insert-- 14
`(3) Subsection (2) does not apply to a greywater use facility that 15
is or includes a large greywater treatment plant.'. 16
644 Amendment of s 128PA (Offence about using greywater) 17
Section 128PA-- 18
insert-- 19
`(4) Subsection (2)(a) and (b) does not apply to the discharge of 20
greywater into a large greywater treatment plant on the 21
premises.'. 22
645 Amendment of s 143B (Local government's monitoring 23
obligations for greywater use facilities in sewered areas) 24
Section 143B(b)-- 25
omit, insert-- 26
Page 285
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 1 Amendment of Plumbing and Drainage Act 2002
[s 646]
`(b) they are not adversely affecting-- 1
(i) in relation to any greywater use facility that is or 2
includes a large greywater treatment 3
plant--amenity or the environment; or 4
(ii) otherwise--public health, amenity or the 5
environment.'. 6
646 Insertion of new s 143D 7
Part 9-- 8
insert-- 9
`143D Local government advice to regulator about 10
greywater treatment plant 11
`(1) If a local government authorises the dismantling or taking 12
away of all or part of a large greywater treatment plant in a 13
sewered area, the local government must give the regulator a 14
written notice advising of the authorisation. 15
`(2) If a local government receives, from a person who services a 16
large greywater treatment plant in a sewered area, a written 17
report on the condition of the plant, the local government must 18
give the regulator a copy of the report.'. 19
647 Amendment of schedule (Dictionary) 20
(1) Schedule-- 21
insert-- 22
`large greywater treatment plant means a greywater 23
treatment plant capable of treating 50kL or more of greywater 24
a day. 25
regulator means the regulator under the Water Supply Act. 26
Water Supply Act means the Water Supply (Safety and 27
Reliability) Act 2008.'. 28
(2) Schedule, definition greywater treatment plant, `premises in a 29
day, not more than 50kL of'-- 30
Page 286
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 2 Amendment of Public Health Act 2005
[s 648]
omit, insert-- 1
`premises,'. 2
(3) Schedule, definition sewerage service provider, `Water Act 3
2000'-- 4
omit, insert-- 5
`Water Supply Act'. 6
(4) Schedule, definition sewered area, `Water Act 2000'-- 7
omit, insert-- 8
`Water Supply Act'. 9
(5) Schedule, definition water service provider, `Water Act 2000, 10
chapter 3, part 2'-- 11
omit, insert-- 12
`Water Supply Act, chapter 2, part 3'. 13
Part 2 Amendment of Public Health 14
Act 2005 15
648 Act amended in pt 2 16
This part amends the Public Health Act 2005. 17
649 Amendment of s 10 (Definitions for ch 2) 18
(1) Section 10, definition local government public health risk, 19
paragraph (a)-- 20
omit, insert-- 21
`(a) mentioned in section 11(1)(a) or (b)(i), (iv), (v), (vi), 22
(vii) or (viii); or'. 23
(2) Section 10, definition State public health risk, paragraph (a)-- 24
Page 287
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 2 Amendment of Public Health Act 2005
[s 650]
omit, insert-- 1
`(a) mentioned in section 11(1)(b)(ii), (iii), (ix) or (x); or'. 2
650 Amendment of s 11 (Meaning of public health risk) 3
(1) Section 11(1)(b)(iii) to (ix)-- 4
renumber as section 11(1)(b)(v) to (xi). 5
(2) Section 11(1)(b)(ii)-- 6
omit, insert-- 7
`(ii) drinking water supplied by a drinking water 8
service provider; 9
(iii) recycled water produced or supplied under a 10
recycled water scheme within the meaning of the 11
Water Supply (Safety and Reliability) Act 2008; 12
(iv) water, other than water mentioned in subparagraph 13
(ii) or (iii);'. 14
(3) Section 11(2), `subsection (1)(b)(ix)'-- 15
omit, insert-- 16
`subsection (1)(b)(xi)'. 17
(4) Section 11(3), definition water, `potable'-- 18
omit, insert-- 19
`drinking'. 20
651 Amendment of s 18 (Regulation to prescribe who is to 21
administer this Act for particular public health risks) 22
Section 18, `section 11(1)(b)(ix)'-- 23
omit, insert-- 24
`section 11(1)(b)(xi)'. 25
Page 288
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 2 Amendment of Public Health Act 2005
[s 652]
652 Insertion of new ch 2, pt 5A 1
Chapter 2-- 2
insert-- 3
`Part 5A Provisions about drinking 4
water and recycled water 5
`Division 1 Improvement notices 6
`57A Improvement notice 7
`(1) This section applies if an authorised person appointed by the 8
chief executive reasonably believes-- 9
(a) a water service provider-- 10
(i) is contravening section 57E or 57F; or 11
(ii) has contravened section 57E or 57F in 12
circumstances that make it likely the contravention 13
will continue or be repeated; and 14
(b) a matter relating to the contravention can be remedied; 15
and 16
(c) it is appropriate to give the water service provider an 17
opportunity to remedy the matter. 18
`(2) The authorised person may give the water service provider a 19
notice (an improvement notice) requiring the water service 20
provider to remedy the contravention or have the 21
contravention remedied. 22
`(3) The improvement notice must state the following-- 23
(a) the provision the authorised person believes is being, or 24
has been, contravened (the relevant provision); 25
(b) that the authorised person reasonably believes the water 26
service provider-- 27
(i) is contravening the relevant provision; or 28
Page 289
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 2 Amendment of Public Health Act 2005
[s 652]
(ii) has contravened the relevant provision in 1
circumstances that make it likely the contravention 2
will continue or be repeated; 3
(c) briefly, how it is believed the relevant provision is being, 4
or has been, contravened; 5
(d) the period within which the water service provider must 6
remedy the contravention or have the contravention 7
remedied; 8
(e) that it is an offence to fail to comply with the 9
improvement notice unless the water service provider 10
has a reasonable excuse. 11
`(4) The period stated under subsection (3)(d) must be reasonable 12
having regard to the risk to public health or safety posed by 13
the contravention. 14
`(5) The improvement notice may also state the reasonable steps 15
that the authorised person considers necessary to remedy the 16
contravention, or avoid further contravention, of the relevant 17
provision. 18
Example of reasonable steps-- 19
a requirement to issue notices about the need to boil water to remove 20
contaminants from the water 21
`(6) The authorised person must keep a copy of the improvement 22
notice. 23
`(7) The water service provider must comply with the 24
improvement notice unless the provider has a reasonable 25
excuse. 26
Maximum penalty--the maximum penalty for contravening 27
the relevant provision. 28
`(8) The water service provider can not be prosecuted for the 29
offence for which the improvement notice is given unless the 30
provider fails to comply with the improvement notice and 31
does not have a reasonable excuse for the noncompliance. 32
`(9) A water service provider may be prosecuted for the 33
contravention of a relevant provision without an authorised 34
Page 290
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[s 652]
person first giving an improvement notice for the 1
contravention. 2
`57B Record of compliance with improvement notice 3
`(1) If a water service provider who is given an improvement 4
notice by an authorised person under this division reasonably 5
believes the provider has complied with the notice, the 6
provider may inform the authorised person of the belief. 7
`(2) If the authorised person is satisfied the water service provider 8
has complied with the improvement notice, the authorised 9
person must-- 10
(a) record the date of the compliance on the authorised 11
person's copy of the notice; and 12
(b) if asked, give a copy of the notice to the water service 13
provider. 14
`Division 2 Offences about supply of drinking 15
water or recycled water 16
`Subdivision 1 Preliminary 17
`57C When drinking water is unsafe 18
`Drinking water is unsafe at a particular time if it would be 19
likely to cause physical harm to a person who might later 20
consume it, assuming nothing happened to it after that 21
particular time and before being consumed by the person that 22
would prevent its being used for its intended use. 23
`57D When recycled water is fit for use 24
`Recycled water is fit for use at a particular time if it would 25
not be likely to cause physical harm to a person who might 26
later be exposed to it, assuming-- 27
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[s 652]
(a) nothing happened to it after that particular time and 1
before the person was exposed to it that would prevent 2
its being used for its intended use; and 3
(b) it was used according to its intended use. 4
`Subdivision 2 Offences 5
`57E Supply of unsafe drinking water 6
`A drinking water service provider must not supply drinking 7
water that the provider knows, or reasonably ought to know, is 8
unsafe. 9
Maximum penalty--3000 penalty units or 2 years 10
imprisonment. 11
`57F Supply of recycled water that is not fit for use 12
`(1) This section applies to a recycled water provider that supplies 13
recycled water for use other than as drinking water. 14
`(2) The recycled water provider must not supply the recycled 15
water if the provider knows, or reasonably ought to know, the 16
recycled water is not fit for use. 17
Maximum penalty--1350 penalty units or 2 years 18
imprisonment. 19
`Division 3 Information requests 20
`57G Power to require information 21
`(1) This section applies if-- 22
(a) an authorised person appointed by the chief executive 23
reasonably believes-- 24
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[s 652]
(i) there is a risk to public health or safety because of 1
the production or supply of drinking water or 2
recycled water; and 3
(ii) a person may be able to give information about the 4
circumstances giving rise to the risk; and 5
(b) the authorised person has explained to the person that 6
information is needed to attempt to prevent or minimise 7
the risk or potential risk to public health. 8
`(2) The authorised person may ask the person to give the 9
authorised person the following information (the required 10
information) within a stated reasonable period-- 11
(a) the person's name and address where the person can be 12
contacted; 13
(b) information about the circumstances giving rise to the 14
risk. 15
`(3) The authorised person may ask the person to give the 16
authorised person evidence of the correctness of the required 17
information, within a stated reasonable period, if the 18
authorised person reasonably suspects the information to be 19
false. 20
`(4) If the person does not comply with a request under subsection 21
(2) or (3), the authorised person may give the person a notice 22
that-- 23
(a) states the required information the person is required to 24
give; and 25
(b) states the information is needed to attempt to prevent or 26
minimise a risk or potential risk to public health; and 27
(c) requires the person to give the authorised person the 28
required information within a stated reasonable period; 29
and 30
(d) warns the person it is an offence to not give the required 31
information, unless the person has a reasonable excuse. 32
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[s 653]
`57H Failure to give information 1
`(1) A person who is given a notice under section 57G(4) must 2
comply with the notice, unless the person has a reasonable 3
excuse. 4
Maximum penalty--50 penalty units. 5
`(2) If the person is an individual, it is a reasonable excuse for the 6
person to fail to comply with the notice that complying with 7
the notice might tend to incriminate the person.'. 8
653 Amendment of s 59 (Lead must not be used in water 9
collection) 10
Section 59-- 11
insert-- 12
`(3) In this section-- 13
potable water means water that is intended to be, or is likely 14
to be, used for human consumption.'. 15
654 Insertion of new s 388A 16
After section 388-- 17
insert-- 18
`388A Power to enter places to check compliance with 19
improvement notice 20
`(1) This section applies if a water service provider has been given 21
an improvement notice. 22
`(2) An authorised person appointed by the chief executive may, at 23
reasonable times, enter a place where the authorised person 24
reasonably believes the contravention of the provision of this 25
Act to which the improvement notice relates is happening or 26
has happened. 27
`(3) The authorised person may enter the place under subsection 28
(2) only to check whether the improvement notice has been 29
complied with. 30
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[s 655]
`(4) Also, subsection (2) does not allow entry to a building or other 1
structure without the occupier's consent or a warrant. 2
`(5) The procedure for entry under this section is set out under 3
section 392.'. 4
655 Amendment of s 392 (Entry of place under s 386, 387 or 5
389) 6
(1) Section 392, heading, `387 or 389'-- 7
omit, insert-- 8
`387, 388A or 389'. 9
(2) Section 392(1) and (6), `387 or 389'-- 10
omit, insert-- 11
`387, 388A or 389'. 12
656 Amendment of s 399 (General powers after entering 13
places) 14
Section 399(3)(g), `person to help'-- 15
omit, insert-- 16
`person, or to give the authorised person information, to help'. 17
657 Amendment of s 401 (Failure to answer questions) 18
Section 401, heading, after `questions'-- 19
insert-- 20
`or give information'. 21
658 Amendment of s 461 (Regulation-making power) 22
(1) Section 461(2)(b), `potable water'-- 23
omit, insert-- 24
Page 295
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[s 659]
`drinking water, greywater, recycled water and water used for 1
recreational purposes, including, for example, standards for 2
the quality of recycled water for use on particular crops'. 3
(2) Section 461(2)(c), `drinking water quality'-- 4
omit, insert-- 5
`the quality of drinking water, greywater, recycled water and 6
water used for recreational purposes, including, for example, 7
monitoring, analysis and reporting requirements for a water 8
service provider'. 9
659 Amendment of sch 2 (Dictionary) 10
(1) Schedule 2, definition potable water-- 11
omit. 12
(2) Schedule 2-- 13
insert-- 14
`drinking water-- 15
1 Drinking water means water, for human consumption, 16
intended primarily as water for drinking, whether or not 17
the water is used for other purposes. 18
2 Drinking water does not include-- 19
(a) water that is food as defined under the Food Act 20
2006; or 21
(b) water taken or supplied for domestic purposes 22
under the Water Act 2000. 23
drinking water service provider means a drinking water 24
service provider under the Water Supply (Safety and 25
Reliability) Act 2008. 26
greywater means wastewater from a bath, basin, kitchen, 27
laundry or shower, whether or not the wastewater is 28
contaminated with human waste. 29
improvement notice see section 57A(2). 30
Page 296
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Part 3 Amendment of South East Queensland Water (Restructuring) Act 2007
[s 660]
recycled water see the Water Supply (Safety and Reliability) 1
Act 2008, schedule 3. 2
recycled water provider means-- 3
(a) a recycled water provider under the Water Supply 4
(Safety and Reliability) Act 2008; or 5
(b) an entity, other than a recycled water provider, declared 6
to be part of a multiple-entity recycled water scheme 7
under the Water Supply (Safety and Reliability) Act 8
2008. 9
water service provider means-- 10
(a) a drinking water service provider; or 11
(b) a recycled water provider.'. 12
Part 3 Amendment of South East 13
Queensland Water 14
(Restructuring) Act 2007 15
660 Act amended in pt 3 16
This part amends the South East Queensland Water 17
(Restructuring) Act 2007. 18
661 Amendment of s 67 (Transfer notice) 19
Section 67(9), definitions Coordinator-General and trust 20
land-- 21
relocate to schedule 3. 22
662 Insertion of new s 79A 23
After section 79-- 24
Page 297
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[s 662]
insert-- 1
`79A Coordinator-General is constructing authority for 2
particular land to be taken under the Acquisition of 3
Land Act 4
`(1) This section applies if-- 5
(a) either-- 6
(i) a local government has served a notice of intention 7
to resume to take land as a constructing authority 8
under the Acquisition of Land Act; or 9
(ii) a local government has entered into an agreement 10
(a section 15 agreement) to take land under the 11
Acquisition of Land Act, section 15; and 12
(b) as a result of a transfer notice, the local government can 13
not continue the taking of the land. 14
`(2) The Coordinator-General may decide to continue the taking of 15
the land under the Acquisition of Land Act. 16
`(3) If the Coordinator-General decides to continue the taking of 17
the land, the Coordinator-General must notify the following 18
that the Coordinator-General is the constructing authority for 19
taking the land, and state in the notice the address for service 20
of documents-- 21
(a) each person-- 22
(i) on whom the local government served a notice of 23
intention to resume the land; or 24
(ii) with whom the local government has entered into a 25
section 15 agreement; 26
(b) any other person the Coordinator-General considers 27
appropriate. 28
`(4) If the Coordinator-General gives notice under subsection 29
(3)-- 30
(a) for the purposes of the Acquisition of Land Act-- 31
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[s 662]
(i) the Coordinator-General is the constructing 1
authority; and 2
(ii) the purpose for which the Coordinator-General 3
may take the land is the purpose for which the local 4
government was proposing to take the land; and 5
(b) for applying the Acquisition of Land Act, sections 9 and 6
41(2), and despite section 9(1), a reference to the 7
Minister is taken to be a reference to the Minister 8
administering the State Development and Public Works 9
Organisation Act 1971; and 10
(c) the local government has no rights or obligations in 11
relation to the taking of the land; and 12
(d) the local government must give the Coordinator-General 13
the documents relating to the taking of the land; and 14
(e) despite the Acquisition of Land Act, section 12(1), the 15
land taken under a gazette resumption notice vests in a 16
new water entity stated in the notice. 17
`(5) The Coordinator-General acting under subsection (3)-- 18
(a) has the same powers and obligations under the 19
Acquisition of Land Act as the local government in 20
relation to the taking of the land; and 21
(b) does not represent the State for the purposes of section 22
12 of that Act. 23
`(6) To remove any doubt, it is declared that, if the 24
Coordinator-General is acting under subsection (3), the 25
Coordinator-General is taking the land under the Acquisition 26
of Land Act and not the State Development and Public Works 27
Organisation Act 1971. 28
`(7) The Governor in Council may, by gazette notice, state-- 29
(a) the name of the new water entity in which the land vests; 30
and 31
(b) the costs of taking the land, and the amount of 32
compensation for taking the land and vesting it in the 33
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[s 662]
new water entity, payable to the Coordinator-General for 1
taking the land. 2
`(8) If the new water entity does not, within 3 months after the 3
land vests in the new water entity, pay the 4
Coordinator-General the amounts stated in the gazette notice, 5
the Coordinator-General may recover from the new water 6
entity as a debt any unpaid amounts. 7
`(9) A person who was served with a notice, or who entered into a 8
section 15 agreement, has the same rights and liabilities under 9
the Acquisition of Land Act as the person had before the 10
Coordinator-General acted under subsection (2). 11
`(10) A reference to the local government in a document relating to 12
the taking of the land is, if the context permits, taken to be a 13
reference to the Coordinator-General. 14
`(11) Without limiting subsection (10), if the local government is 15
taking the land by agreement-- 16
(a) a reference in the section 15 agreement to the local 17
government is taken to be a reference to the 18
Coordinator-General; and 19
(b) the section 15 agreement gives rise to the same rights 20
and liabilities as would have arisen if the local 21
government were a party to the agreement. 22
`(12) For applying the Acquisition of Land Act, sections 13 and 41, 23
the new water entity in which the land vests is taken-- 24
(a) to be the constructing authority that takes the land; and 25
(b) to have taken the land on the day the 26
Coordinator-General took the land. 27
`(13) For applying the Acquisition of Land Act, section 12(2A), 28
(2B) and (5), a reference to a corporation is taken to be a 29
reference to the new water entity. 30
`(14) In this section-- 31
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Chapter 10 Amendment of other Acts
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[s 663]
Acquisition of Land Act means the Acquisition of Land Act 1
1967. 2
gazette resumption notice see the Acquisition of Land Act.'. 3
663 Amendment of s 80 (Matters relating to the Integrated 4
Planning Act 1997) 5
(1) Section 80(2)-- 6
insert-- 7
`(c) any other decision, charge, condition, contribution or 8
agreement (each a relevant action) made, levied or 9
imposed by the local government under IPA.'. 10
(2) Section 80-- 11
insert-- 12
`(2A) A relevant action is enforceable by-- 13
(a) the local government; or 14
(b) the other water entity as if the water entity were the local 15
government. 16
`(2B) An amount payable to the local government under a relevant 17
action continues to be payable to the local government as if 18
the development infrastructure had not been transferred. 19
`(2C) A legal proceeding that could have been started or continued 20
by or against the local government in relation to the relevant 21
action may be started or continued by or against the local 22
government as if the development infrastructure had not been 23
transferred.'. 24
(3) Section 80(2A) to (3)-- 25
renumber as section 80(3) to (6). 26
664 Insertion of new ss 80A-80C 27
After section 80-- 28
insert-- 29
Page 301
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Chapter 10 Amendment of other Acts
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[s 664]
`80A Reconfiguring a lot after transfer notice takes effect 1
`(1) This section applies if a transfer notice (a second transfer 2
notice)-- 3
(a) transfers part of a lot, as described in a plan of 4
subdivision for reconfiguring the lot, on which a 5
transferred asset is situated from the water entity to the 6
new water entity; or 7
(b) transfers part of a lot that is transferred land, as 8
described in a plan of subdivision for reconfiguring the 9
lot-- 10
(i) from the new water entity to the water entity; or 11
(ii) from the new water entity to another new water 12
entity; or 13
(c) transfers part of a lot that is adjacent to transferred land, 14
as described in a plan of subdivision for reconfiguring 15
the lot, from the water entity to the new water entity. 16
`(2) A water entity may lodge in the land registry under the Land 17
Title Act 1994 the plan of subdivision for reconfiguring the lot 18
to give effect to the second transfer notice. 19
`(3) The following do not apply to the reconfiguring of the lot-- 20
(a) Integrated Planning Act 1997; 21
(b) a State planning regulatory provision. 22
`(4) Despite the Land Title Act 1994, section 50, the plan of 23
subdivision for reconfiguring the lot does not require the 24
agreement, approval or consent of any entity. 25
Editor's note-- 26
Land Title Act 1994, section 50 (Requirements for registration of plan of 27
subdivision) 28
`(5) In this section-- 29
reconfiguring a lot see the Integrated Planning Act 1997, 30
section 1.3.5. 31
Page 302
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Chapter 10 Amendment of other Acts
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[s 664]
State planning regulatory provision see the Integrated 1
Planning Act 1997, schedule 10. 2
transferred asset mean an asset transferred under a transfer 3
notice from a water entity to a new water entity without the 4
transfer of land to which the asset is attached. 5
transferred land mean land transferred under a transfer notice 6
from a water entity to a new water entity. 7
`80B Terminating trust land and granting freehold interest 8
under the Land Act 9
`(1) This section applies if-- 10
(a) a transferred asset is attached to land that is trust land 11
under the Land Act; and 12
(b) the Minister is satisfied the part of the land on which the 13
transferred asset is situated is of adequate area to be 14
allocated as freehold land, having regard to the location 15
of the transferred asset and the use made of the 16
adjoining land. 17
`(2) The Minister may, under the Land Act, on application to the 18
chief executive by the new water entity to whom the 19
transferred asset was transferred-- 20
(a) if the land is a reserve--revoke all or part of the reserve; 21
or 22
(b) if the land is a deed in grant of trust--require the trustee 23
to surrender all or part of the deed in grant of trust. 24
`(3) If the Minister acts under subsection (2), the Governor in 25
Council may, under the Land Act, issue a deed of grant for the 26
land to the new water entity. 27
`(4) For the purposes of the Land Act, chapter 4, part 1, division 2, 28
freehold title may be granted without competition. 29
Editor's note-- 30
Land Act, chapter 4 (Land holdings), part 1 (Making land available), 31
division 2 (Interests in land available without competition) 32
Page 303
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Chapter 10 Amendment of other Acts
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[s 664]
`(5) An evaluation under the Land Act, section 16 is not required 1
for the allocation of the land. 2
Editor's note-- 3
Land Act, section 16 (Deciding appropriate tenure) 4
`(6) The Minister must decide the purchase price for the land. 5
`(7) Before approving a plan of subdivision identifying the area of 6
the revocation, the Minister may require the new water entity 7
and trustee of the reserve to agree to a plan of subdivision to 8
define the boundaries of the land. 9
`(8) The following provisions of the Land Act do not apply to a 10
revocation of all or part of a reserve-- 11
(a) sections 34A, 34B and 34E; 12
(b) section 34H in relation to an improvement that is a 13
transferred asset. 14
Editor's note-- 15
Land Act, sections 34A (Notice of proposal to revoke dedication of 16
reserve), 34B (Submissions) and 34H (Dealing with improvements) 17
`(9) In this section-- 18
Land Act means the Land Act 1994. 19
Minister means the Minister administering the Land Act. 20
transferred asset mean an asset transferred to a new water 21
entity under a transfer notice without the transfer of land to 22
which the asset is attached or a change in the trusteeship. 23
`80C Granting lease under the Land Act 24
`(1) This section applies if-- 25
(a) a transferred asset is attached to land that is a reserve or 26
unallocated State land; and 27
(b) the Minister is satisfied the part of the land on which the 28
transferred asset is situated (the relevant part) is not of 29
adequate area to be allocated as freehold land, having 30
Page 304
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Chapter 10 Amendment of other Acts
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[s 665]
regard to the location of the transferred asset and the use 1
made of the adjoining land. 2
`(2) The Minister may, on application to the chief executive by the 3
new water entity to whom the transferred asset was 4
transferred, grant under the Land Act to the new water entity a 5
lease for a maximum term of 30 years over the relevant part. 6
`(3) If the land is a reserve and the Minister grants a State lease 7
over the relevant part, the Minister may, before granting the 8
lease, require the new water entity and trustee of the reserve to 9
agree to a plan of survey identifying the relevant part. 10
`(4) For the purposes of the Land Act, chapter 5, part 1, division 1, 11
the annual rent for the lease is the minimum rent applicable 12
for the category of the lease. 13
Editor's note-- 14
Land Act, chapter 5 (Matters affecting land holdings), part 1 (Rents), 15
division 1 (Rents) 16
`(5) An evaluation under the Land Act, section 16 is not required 17
for the allocation of the land. 18
`(6) In this section-- 19
Land Act means the Land Act 1994. 20
Minister means the Minister administering the Land Act. 21
transferred asset mean an asset transferred to a new water 22
entity under a transfer notice without the transfer of land to 23
which the asset is attached or a change in the trusteeship.'. 24
665 Amendment of s 89 (Entry to, and use of, water entity's 25
land after transfer of asset attached to the land) 26
(1) Section 89(1)(a), `land'-- 27
omit, insert-- 28
`land, or is the trustee of trust land,'. 29
(2) Section 89(1)(b), `transferred'-- 30
omit, insert-- 31
Page 305
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Chapter 10 Amendment of other Acts
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[s 666]
`transferred, or the water entity is removed as trustee for the 1
trust land and another water entity is appointed as trustee,'. 2
(3) Section 89(1)(c), `transfer'-- 3
omit, insert-- 4
`transfer or change in the trusteeship'. 5
Part 4 Amendment of Water Act 2000 6
666 Act amended in pt 4 and sch 2 7
This part and schedule 2 amend the Water Act 2000. 8
667 Amendment of long title 9
Long title, `, a regulatory framework for providing water and 10
sewerage services'-- 11
omit. 12
668 Amendment of s 25C (Contents of water supply 13
emergency declaration) 14
Section 25C(2), `must state'-- 15
omit, insert-- 16
`must, to the greatest practicable extent, state'. 17
669 Insertion of new s 25CA 18
After section 25C-- 19
insert-- 20
Page 306
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Chapter 10 Amendment of other Acts
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[s 670]
`25CA Amendment of water supply emergency declaration 1
`(1) This section applies if, when the Minister prepares a water 2
supply emergency declaration (the original declaration), it is 3
not practicable to state, for each of the measures directed to be 4
carried out and each of the outcomes directed to be achieved, 5
all of the matters mentioned in section 25C(2)(a) to (e). 6
`(2) The Minister must, as soon as practicable after the original 7
declaration is published in the gazette, and after consultation 8
with the Treasurer, amend the original declaration to state the 9
matters. 10
670 Amendment of s 25F (Regulation about water supply 11
emergency) 12
(1) Section 25F-- 13
insert-- 14
`(2A) Before a water supply emergency regulation is made, the 15
Minister must have regard to other measures, instead of a 16
water supply emergency regulation, that could be taken under 17
this or another Act to deal with the water supply emergency.'. 18
(2) Section 25F(3), from `must state'-- 19
omit, insert-- 20
`must, to the greatest practicable extent, state the matters 21
mentioned in section 25C(2)(a) to (e).'. 22
671 Insertion of new s 25FA 23
After section 25F-- 24
insert-- 25
`25FA Amendment of water supply emergency regulation 26
`(1) This section applies if, when a water supply emergency 27
regulation (the original regulation) is made, it is not 28
practicable to state, for each of the measures directed to be 29
Page 307
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Chapter 10 Amendment of other Acts
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[s 672]
carried out and each of the outcomes directed to be achieved, 1
all of the matters mentioned in section 25C(2)(a) to (e). 2
`(2) The Minister must consult with the Treasurer about the 3
matters. 4
`(3) As soon as practicable after the original regulation is made, it 5
must be amended to state the matters.'. 6
672 Amendment of s 25J (When water supply emergency 7
ends) 8
(1) Section 25J(2)(b), from `emergency including'-- 9
omit, insert-- 10
`emergency, including any actions taken under a water supply 11
emergency regulation that must be completed or 12
discontinued.'. 13
(2) Section 25J -- 14
insert-- 15
`(2A) However, for the regulation to state that an action taken under 16
a water supply emergency regulation must be completed, the 17
Minister must be satisfied it would be detrimental to the 18
interests of the State or another entity not to complete the 19
action, taking into account the following-- 20
(a) the extent of work undertaken; 21
(b) the obligations arising under any contract or other 22
agreement; 23
(c) any costs or other amounts the State or another entity is 24
liable to pay; 25
(d) the amount of money spent; 26
(e) any other relevant circumstance.'. 27
(3) Section 25J(2A) to (4)-- 28
renumber as section 25J(3) to (5). 29
Page 308
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 673]
673 Amendment of s 25O (Recovery of costs incurred) 1
(1) Section 25O(1)(b) and (c)-- 2
renumber as section 25O(1)(c) and (d). 3
(2) Section 25O(1)-- 4
insert-- 5
`(b) under a regulation made under section 25J(2)(b), incurs 6
costs in completing or discontinuing actions taken under 7
a water supply emergency regulation; or'. 8
674 Amendment of s 25ZA (Application for approval to 9
restrict use of subartesian water) 10
Section 25ZA(1) and (2)-- 11
omit, insert-- 12
`(1) The commission may apply for written approval for the power 13
to impose a restriction on the use of subartesian water by a 14
customer of a water service provider in the SEQ region or a 15
designated region if the water is taken, other than for stock 16
purposes, under-- 17
(a) section 20(6); or 18
(b) if the water is not taken under a water entitlement-- 19
(i) a water resource plan; or 20
(ii) a wild river declaration; or 21
(iii) a regulation made under section 1046. 22
`(2) A water service provider may apply for written approval for 23
the power to impose a restriction on the use of subartesian 24
water by a customer of the water service provider in an area 25
outside the SEQ region or a designated region if the water is 26
taken, other than for stock purposes, under-- 27
(a) section 20(6); or 28
(b) if the water is not taken under a water entitlement-- 29
Page 309
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Chapter 10 Amendment of other Acts
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[s 675]
(i) a water resource plan; or 1
(ii) a wild river declaration; or 2
(iii) a regulation made under section 1046.'. 3
675 Amendment of s 46 (Content of draft water resource 4
plans) 5
Section 46(2)(c), (ca) and (cb)-- 6
omit, insert-- 7
`(c) the types of works for taking or interfering with 8
overland flow water, subartesian water or water in a 9
watercourse, lake or spring that are intended to be 10
assessable or self assessable development under the 11
Integrated Planning Act 1997;'. 12
676 Amendment of s 113 (Minor or stated amendments of 13
licence) 14
Section 113, heading, `or stated'-- 15
omit, insert-- 16
`, stated or agreed'. 17
677 Amendment of s 128A (Amalgamation or subdivision of 18
water allocations) 19
(1) Section 128A-- 20
insert-- 21
`(7A) However, if the allocation is managed under a resource 22
operations licence, the registrar must not act under subsection 23
(7) until the registrar has received from the resource 24
operations licence holder notice in the approved form of the 25
existence of a supply contract between the allocation holder 26
and the resource operations licence holder.'. 27
(2) Section 128A(8), `However'-- 28
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[s 678]
omit, insert-- 1
`Also'. 2
678 Amendment of s 128B (Transfer of water allocations) 3
(1) Section 128B, heading, `Transfer'-- 4
omit, insert-- 5
`Transfers or leases'. 6
(2) Section 128B(1), from `transfer a water allocation'-- 7
omit, insert-- 8
`transfer or lease a water allocation not managed under a 9
resource operations licence must give the chief executive 10
notice of the proposed transfer or lease.'. 11
(3) Section 128B(3) and (4), `transfer'-- 12
omit, insert-- 13
`transfer or lease'. 14
679 Amendment of s 150 (Interests and dealings that may be 15
registered) 16
(1) Section 150(3), from `transfer'-- 17
omit, insert-- 18
`transfer or lease of the allocation until the registrar has 19
received from the resource operations licence holder notice in 20
the approved form of the existence of a supply contract 21
between the transferee or lessee of the allocation and the 22
resource operations licence holder.'. 23
(2) Section 150(4), `transfer'-- 24
omit, insert-- 25
`transfer or lease'. 26
Page 311
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[s 680]
680 Amendment of s 184 (Amending interim resource 1
operations licences on notice) 2
Section 184(5)(a), `notice'-- 3
omit, insert-- 4
`licence'. 5
681 Amendment of s 185A (Amending interim resource 6
operations licences) 7
(1) Section 185A(2)(a), `part of the water year'-- 8
omit, insert-- 9
`water year or part of the water year'. 10
(2) Section 185A(2)(b)-- 11
omit, insert-- 12
`(b) the chief executive must give the licence holder notice 13
of the amendment of the licence; and 14
(c) the amendment of the licence takes effect from the day 15
stated in the notice.'. 16
(3) Section 185A(4)(c), `part of the water year'-- 17
omit, insert-- 18
`water year or part of the water year'. 19
(4) Section 185A(4)-- 20
insert-- 21
`(d) the day the amendment takes effect.'. 22
682 Amendment of s 189 (Granting interim water allocations) 23
Section 189(1), `plan'-- 24
omit, insert-- 25
`plan or resource operations plan'. 26
Page 312
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[s 683]
683 Amendment of s 190 (Contents of interim water 1
allocation) 2
Section 190(d), from `holder is'-- 3
omit, insert-- 4
`holder is-- 5
`(i) the State; or 6
(ii) the water grid manager; or 7
(iii) a local government; or 8
(iv) a water authority; or 9
(v) a resource operations licence holder; or 10
(vi) an interim resource operations licence holder; or 11
(vii) an entity prescribed under a regulation.'. 12
684 Amendment of s 192 (Dealing with an interim water 13
allocation) 14
Section 192(2)(a), `licence'-- 15
omit, insert-- 16
`licence, or resource operations licence,'. 17
685 Amendment of s 193 (Who certain interim water 18
allocations may be transferred to) 19
(1) Section 193, heading-- 20
omit, insert-- 21
`193 Transferring particular interim water allocations'. 22
(2) Section 193(1), `licence holder'-- 23
omit, insert-- 24
`licence holder or resource operations licence holder'. 25
Page 313
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[s 686]
686 Amendment of s 194 (Deciding application to transfer by 1
interim resource operations licence holder) 2
Section 194, heading, `by interim resource operations licence 3
holder'-- 4
omit, insert-- 5
`particular interim water allocation'. 6
687 Amendment of s 196 (Forfeiting an interim water 7
allocation) 8
Section 196(2)(b), `a reference in'-- 9
omit, insert-- 10
`if the interim water allocation is managed under an interim 11
resource operations licence--a reference in'. 12
688 Amendment of s 197 (Surrendering an interim water 13
allocation) 14
(1) Section 197(2A), `licence'-- 15
omit, insert-- 16
`licence or resource operations licence'. 17
(2) Section 197(3)(b), `a reference'-- 18
omit, insert-- 19
`if the interim water allocation is managed under an interim 20
resource operations licence--a reference'. 21
689 Amendment of s 200 (Arrangements for seasonal water 22
assignments) 23
Section 200(2) and (3), `licence'-- 24
omit, insert-- 25
`licence or resource operations licence'. 26
Page 314
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[s 690]
690 Insertion of new ch 2, pt 5, div 3, sdiv 6 1
After section 200-- 2
insert-- 3
`Subdivision 6 Interim water allocations for Julius 4
Dam water supply scheme 5
`201 Granting interim water allocations 6
`(1) This section applies to an interim water allocation (the 7
relevant interim water allocation) held by Mount Isa Water 8
Board and managed under the interim resource operations 9
licence for the Julius Dam water supply scheme. 10
`(2) A regulation may, before the resource operations plan for the 11
water supply scheme commences, state a process for-- 12
(a) the expiry of the relevant interim water allocation; and 13
(b) the granting of interim water allocations (the new 14
allocations) to particular entities to replace the relevant 15
interim water allocation. 16
`(3) The regulation must not be inconsistent with the objectives of 17
the Water Resource (Gulf) Plan 2007. 18
`(4) The chief executive must grant the new allocations to give 19
effect to the regulation.'. 20
691 Amendment of s 209 (Applications that may be decided 21
without public notice) 22
Section 209(2), `an information notice'-- 23
omit, insert-- 24
`a notice under section 205(2)'. 25
692 Amendment of s 212 (Granting a water licence under a 26
plan or declaration process) 27
Section 212(3), `an information notice'-- 28
Page 315
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[s 693]
omit, insert-- 1
`a notice under section 205(2)'. 2
693 Insertion of new s 212A 3
Chapter 2, part 6, division 2, subdivision 1-- 4
insert-- 5
`212A Applying for transmission water licence 6
`(1) Subject to subsection (3), each of the following entities may 7
apply for a water licence (a transmission water licence) for 8
taking water from a receiving water source-- 9
(a) the water grid manager; 10
(b) a relevant entity for a recycled water scheme; 11
(c) an entity nominated by a relevant entity for a recycled 12
water scheme. 13
`(2) An application made under subsection (1) is a licence 14
application. 15
`(3) If recycled water in a receiving water source is supplied from 16
water supply works that supply a declared water service, the 17
water grid manager is the only entity that may make a licence 18
application in relation to the receiving water source. 19
`(4) This subdivision, other than sections 206(6), 207, 210 and 211 20
and this section, do not apply to a licence application. 21
`(5) For applying sections 206(6), 207, 210 and 211, a reference to 22
an application is taken to be a reference to a licence 23
application. 24
`(6) The chief executive may decide the licence application 25
without notice of the licence application being published. 26
`(7) If the chief executive grants a licence application-- 27
(a) the transmission water licence does not attach to the 28
licensee's land; and 29
Page 316
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Chapter 10 Amendment of other Acts
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[s 694]
(b) section 213(e) does not apply to the transmission water 1
licence. 2
`(8) In this section-- 3
receiving water source means a lake, or watercourse, into 4
which recycled water is supplied under an approved recycled 5
water management plan to augment a supply of drinking 6
water.'. 7
694 Amendment of s 213 (Contents of water licence) 8
(1) Section 213(e)(vii)-- 9
renumber as section 213(e)(viii). 10
(2) Section 213(e)-- 11
insert-- 12
`(vii)the water grid manager; or'. 13
695 Amendment of s 217 (Amending water licence to 14
implement water resource plan) 15
Section 217(2)(b), `an information notice'-- 16
omit, insert-- 17
`a notice under section 205(2)'. 18
696 Amendment of s 221 (Reinstating expired water licence) 19
(1) Section 221(1), from `may'-- 20
omit, insert-- 21
`may apply to have the licence reinstated within-- 22
(a) 60 business days after the licence expires; or 23
(b) if the chief executive approves a longer period--the 24
longer period.'. 25
(2) Section 221-- 26
Page 317
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Chapter 10 Amendment of other Acts
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[s 697]
insert-- 1
`(1A) The chief executive may approve a longer period for 2
subsection (1) only if the chief executive is satisfied the works 3
for taking or interfering with water under the water licence 4
were operational from the day the licence expired to the day 5
the chief executive approves the longer period.'. 6
697 Amendment of s 340 (Main purpose of ch 2A and its 7
achievement) 8
Section 340(2)-- 9
insert-- 10
`(c) establishing the market for the supply of declared water 11
services and the sale of water supplied by the services, 12
and making rules governing the operation of the 13
market.'. 14
698 Amendment of s 360J (Content of options) 15
(1) Section 360J(1)(a) and (b)-- 16
omit, insert-- 17
`(a) the desired levels of service objectives for the region or 18
part of the region;'. 19
(2) Section 360J(1)(c) and (e), `water supply works'-- 20
omit, insert-- 21
`water supply works or sewerage'. 22
(3) Section 360J(1)(f), `paragraphs (d) and (e)'-- 23
omit, insert-- 24
`paragraphs (c) and (d)'. 25
(4) Section 360J(1)(c) to (g), as amended-- 26
renumber as section 360J(1)(b) to (f). 27
Page 318
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Chapter 10 Amendment of other Acts
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[s 699]
699 Amendment of s 360N (Effect of program for Integrated 1
Planning Act 1997) 2
Section 360N(2) and (5), `water supply works'-- 3
omit, insert-- 4
`water supply works or sewerage'. 5
700 Amendment of s 360O (Application of pt 4) 6
Section 360O, `water supply works or proposed water supply 7
works'-- 8
omit, insert-- 9
`water supply works or sewerage, or proposed water supply 10
works or sewerage,'. 11
701 Amendment of s 360P (Status of works for State 12
Development and Public Works Organisation Act 1971) 13
Section 360P, `works'-- 14
omit, insert-- 15
`works or sewerage'. 16
702 Amendment of s 360Q (Designation of preferred entity for 17
works) 18
(1) Section 360Q, heading, `works'-- 19
omit, insert-- 20
`works or sewerage'. 21
(2) Section 360Q(1), `works'-- 22
omit, insert-- 23
`works or sewerage'. 24
(3) Section 360Q(3)(a), `provider'-- 25
omit, insert-- 26
Page 319
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Chapter 10 Amendment of other Acts
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[s 703]
`provider or sewerage service provider'. 1
(4) Section 360Q(3)(b), `works are'-- 2
omit, insert-- 3
`works or sewerage are'. 4
703 Amendment of s 360T (Information may be required from 5
water service providers) 6
Section 360T(1), `chapter'-- 7
omit, insert-- 8
`chapter, including its function of collecting, collating, 9
analysing and reporting on water information for the SEQ 10
region or a designated region'. 11
704 Amendment of s 360V (Commission to make system 12
operating plan for region) 13
Section 360V, from `plan'-- 14
omit, insert-- 15
`plan to facilitate the achievement of the desired levels of 16
service objectives for the region.'. 17
705 Amendment of s 360W (Content of plan) 18
Section 360W(1)-- 19
omit, insert-- 20
`(1) The system operating plan must state each of the following-- 21
(a) the plan area for the plan; 22
(b) the entities to which the plan applies; 23
(c) the water supply works and sewerage for the plan area, 24
whether or not the water supply works or sewerage are 25
in the plan area; 26
Page 320
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[s 706]
(d) if the system operating plan is for the SEQ region--the 1
maximum volume of water the water grid manager may 2
enter into contracts to sell; 3
(e) if the system operating plan is for a designated 4
region--the share of water available under the plan to 5
each of the water service providers for the water supply 6
works; 7
(f) the desired levels of service objectives for the region; 8
(g) other obligations imposed on the entities under the 9
plan.'. 10
706 Amendment of s 360X (Consultation for plan) 11
Section 360X(1), `proposed water service provider for the 12
plan area'-- 13
omit, insert-- 14
`entity to which it is proposed the plan will apply'. 15
707 Amendment of s 360Y (Publication and taking effect of 16
plan) 17
Section 360Y(1), `water service provider'-- 18
omit, insert-- 19
`entity'. 20
708 Amendment of s 360Z (Amendment of plan) 21
(1) Section 360Z(1)(a) and (b)-- 22
omit, insert-- 23
`(a) a water resource plan that applies to the plan area for the 24
system operating plan is made or amended, and there is 25
an inconsistency between the system operating plan and 26
the water resource plan as made or amended; or'. 27
(2) Section 360Z(1)(c)-- 28
Page 321
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[s 709]
renumber as section 360(1)(b). 1
(3) Section 360Z(2), `subsection (1)(c)'-- 2
omit, insert-- 3
`subsection (1)(b)'. 4
(4) Section 360Z(4), `subsection (1)(b) or (c) applies'-- 5
omit, insert-- 6
`subsection (1)(b)'. 7
709 Amendment of s 360ZA (Water service providers must 8
comply with system operating plan) 9
(1) Section 360ZA, heading, `Water service providers'-- 10
omit, insert-- 11
`Particular entities'. 12
(2) Section 360ZA, `water service provider'-- 13
omit, insert-- 14
`entity'. 15
(3) Section 360ZA, `the provider'-- 16
omit, insert-- 17
`the entity'. 18
710 Amendment of s 360ZB (Publication requirements) 19
(1) Section 360ZB(1), `a water service provider'-- 20
omit, insert-- 21
`an entity'. 22
(2) Section 360ZB(2), (3) and (4), `water service provider'-- 23
omit, insert-- 24
`entity'. 25
Page 322
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[s 711]
(3) Section 360ZB(2), `(the provider's notice)'-- 1
omit, insert-- 2
`(the entity's notice)'. 3
(4) Section 360ZB(2), `the provider'-- 4
omit, insert-- 5
`the entity'. 6
(5) Section 360ZB(3), `provider's'-- 7
omit, insert-- 8
`entity's'. 9
711 Amendment of s 360ZC (Derivative use immunity for 10
compliance with publication requirement) 11
(1) Section 360ZC, `water service provider'-- 12
omit, insert-- 13
`entity'. 14
(2) Section 360ZC(2), `an individual'-- 15
omit, insert-- 16
`an individual,'. 17
712 Insertion of new ch 2A, pt 5, div 2, sdiv 4 18
After section 360ZC-- 19
insert-- 20
`Subdivision 4 Spot audit reports 21
`360ZCAA Spot audit by commission 22
`(1) This section applies if the commission is satisfied or 23
reasonably believes a water service provider to whom a 24
Page 323
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Chapter 10 Amendment of other Acts
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[s 712]
system operating plan applies has not complied with the plan 1
to the extent it applies to the provider. 2
`(2) The commission may, after giving the water service provider 3
a show cause notice, arrange for a spot audit report to be 4
prepared about the provider's level of compliance with the 5
plan. 6
`(3) The spot audit report must be prepared by a person who is 7
appropriately qualified to carry out the audit. 8
`(4) The commission must give the water service provider a copy 9
of the report within 30 business days after the commission has 10
received it. 11
`(5) In this section-- 12
water service provider includes a person who operates water 13
supply works to which a system operating plan applies. 14
`360ZCAB Requirement to comply with plan and provision for 15
cost of report 16
`(1) This section applies if a spot audit report under section 17
360ZCAA states a water service provider the subject of the 18
report has not complied with the plan to the extent it applies to 19
the provider. 20
`(2) The commission must give the water service provider an 21
information notice requiring the provider, within the 22
reasonable period stated in the notice, to remedy the 23
noncompliance. 24
`(3) The water service provider must comply with the requirement 25
unless the provider has a reasonable excuse. 26
Maximum penalty for subsection (3)--500 penalty units. 27
Page 324
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Chapter 10 Amendment of other Acts
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[s 713]
`(4) The commission may recover from the service provider as a 1
debt an amount equal to the cost of preparing the report. 2
`360ZCAC Access for conducting audit reports 3
`(1) For conducting an audit under this subdivision, a service 4
provider must give the auditor, and any person employed or 5
authorised by the auditor to participate in conducting the 6
audit, free and uninterrupted access to the service provider's 7
infrastructure and any records relating to the infrastructure. 8
Maximum penalty--200 penalty units. 9
`(2) However, the auditor and any person employed or authorised 10
by the auditor to participate in the conduct of the audit must 11
not enter the premises of a customer of the service provider 12
unless the customer agrees to the entry. 13
`(3) In this section-- 14
auditor means the person who, under this section, has 15
prepared, or is to prepare, an audit report for the audit.'. 16
713 Insertion of new ch 2A, pt 5A 17
Chapter 2A-- 18
insert-- 19
`Part 5A The market 20
`Division 1 Preliminary 21
`360ZCL What is the market 22
`The market is the wholesale exchange for-- 23
(a) the supply of declared water services to the water grid 24
manager; and 25
Page 325
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Chapter 10 Amendment of other Acts
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[s 713]
(b) the sale by the water grid manager of water supplied by 1
the declared water services. 2
`360ZCM Operation of market 3
`The operation of the market is facilitated under this part by-- 4
(a) providing a process for the declaration of water services 5
that are necessary for ensuring water security for the 6
SEQ region; and 7
(b) establishing a framework for entities to participate in the 8
market, including operational and commercial restraints 9
on the participants and the rules governing the operation 10
of the market; and 11
(c) providing for the transfer to the water grid manager of 12
particular authorities to take water. 13
`Division 2 Declaration of water services 14
`Subdivision 1 Recommendation by commission 15
for water service declaration 16
`360ZCN Requests about water service declarations 17
`(1) An entity may ask the commission to recommend that a water 18
service, or part of a water service, supplied by or proposed to 19
be supplied by water supply works, whether or not the water 20
supply works are in or are proposed to be in the SEQ region, 21
be declared by the Minister. 22
`(2) The entity must be-- 23
(a) a water service provider supplying the water service; or 24
(b) an entity proposing to construct, or in the process of 25
constructing, the water supply works. 26
`(3) A request must-- 27
Page 326
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Chapter 10 Amendment of other Acts
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[s 713]
(a) be in the form approved by the commission; and 1
(b) state the following-- 2
(i) the water service, or the part of a water service, 3
proposed for declaration; 4
(ii) the water supply works for supplying the water 5
service or part of the water service; 6
(iii) the reasons the water service, or part of the water 7
service, should be declared. 8
`(4) At any time before the commission makes a recommendation 9
about a request, the applicant may-- 10
(a) withdraw the request; or 11
(b) with the written agreement of the commission--amend 12
the request. 13
`(5) The commission may require the applicant to give the 14
commission additional information about the proposed 15
declaration. 16
`360ZCO Making recommendation 17
`(1) After receiving a request, the commission must recommend to 18
the Minister that-- 19
(a) the water service or part the subject of the request be 20
declared; or 21
(b) part of the water service or part the subject of the 22
request be declared; or 23
(c) no declaration be made. 24
`(2) The commission may, before making the recommendation, 25
engage in any consultation the commission considers 26
appropriate. 27
`(3) The commission must make the recommendation within a 28
reasonable time after receiving the request. 29
Page 327
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Chapter 10 Amendment of other Acts
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[s 713]
`(4) The commission must give a copy of the request to the 1
Minister with the recommendation. 2
`360ZCP Recommendation without request 3
`The commission may, on its own initiative, recommend to 4
the Minister that a water service, or part of a water service, 5
supplied by or proposed to be supplied by water supply 6
works, whether or not the water supply works are in or are 7
proposed to be in the SEQ region, be declared by the Minister. 8
`360ZCQ Factors affecting making of recommendation 9
`(1) The commission must not recommend that a water service, or 10
part of a water service, be declared by the Minister unless the 11
commission is satisfied-- 12
(a) the water service, or the part of the water service, is 13
necessary to ensure regional water supply security for 14
the SEQ region; or 15
(b) the water service, or the part of the water service, is 16
necessary for efficiently supplying an existing declared 17
water service; or 18
(c) the water supply works for supplying the water service, 19
or the part of the water service, are necessary for the 20
efficient and effective operation of water supply works 21
for supplying an existing declared water service. 22
`(2) The commission may make a recommendation that a water 23
service, or part of a water service, be declared by the Minister, 24
whether or not the water supply works for supplying the water 25
service or part of the water service are in the SEQ region. 26
`Subdivision 2 Declaration by Minister 27
Page 328
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Chapter 10 Amendment of other Acts
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[s 713]
`360ZCR Making water service declaration 1
`(1) On receiving a recommendation under section 360ZCO or 2
360ZCP, the Minister must do 1 of the following-- 3
(a) declare the water service or part the subject of the 4
recommendation; 5
(b) declare part of the water service or part the subject of 6
the recommendation; 7
(c) decide not to declare the water service or part. 8
`(2) Before making a declaration, the Minister may require the 9
commission to give the Minister additional information about 10
the proposed declaration. 11
`360ZCS Factors affecting making of water service declaration 12
`(1) The Minister must not declare a water service, or a part of a 13
water service, unless the Minister is satisfied-- 14
(a) the water service, or the part of the water service, is 15
necessary to ensure regional water supply security for 16
the SEQ region; or 17
(b) the water service, or the part of the water service, is 18
necessary for efficiently supplying an existing declared 19
water service; or 20
(c) the water supply works for supplying the water service, 21
or the part of the water service, are necessary for the 22
efficient and effective operation of water supply works 23
for supplying an existing declared water service. 24
`(2) The Minister may declare a water service, or a part of a water 25
service, whether or not the water supply works for supplying 26
the water service or the part of the water service are in the 27
SEQ region. 28
`360ZCT Content of water service declaration 29
`A water service declaration must state-- 30
Page 329
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Chapter 10 Amendment of other Acts
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[s 713]
(a) the water service, or the part of the water service, being 1
declared; and 2
(b) the water supply works for supplying the water service 3
or the part of the water service; and 4
(c) the water service provider for the water service or part 5
of the water service. 6
`360ZCU When water service declaration takes effect 7
`A water service declaration has effect on the day it is 8
published in the gazette or the later day stated in it. 9
`Subdivision 3 Register 10
`360ZCV Register of water service declarations 11
`(1) The commission must keep a register of water service 12
declarations (the declarations register). 13
`(2) The declarations register must include the following, for each 14
water service declaration-- 15
(a) the water service, or the part of a water service, 16
declared; 17
(b) the water supply works for supplying the service; 18
(c) the water service provider supplying the service; 19
(d) any other details the commission considers appropriate. 20
`(3) The commission may keep the declarations register in the 21
form, including electronic form, the commission considers 22
appropriate. 23
Page 330
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Chapter 10 Amendment of other Acts
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[s 713]
`360ZCW Declarations register to be available for public 1
inspection 2
`(1) The commission must keep the declarations register, or a copy 3
of the declarations register, available for inspection, free of 4
charge, by members of the public at-- 5
(a) the commission's head office; and 6
Editor's note-- 7
The address for the commission's head office is level 2, 8
Executive Annexe, 100 George Street, Brisbane. 9
(b) other places the commission considers appropriate. 10
`(2) The commission may publish a copy of the declarations 11
register on the commission's website on the internet. 12
Editor's note-- 13
The commission's website on the internet is . 14
`Division 3 South East Queensland Water 15
Market Rules 16
`Subdivision 1 Making market rules 17
`360ZCX Market rules 18
`(1) The Minister may make rules about the operation of the 19
market (the market rules). 20
`(2) The market rules are a statutory instrument under the 21
Statutory Instruments Act 1992, but are not subordinate 22
legislation. 23
`360ZCY Content of market rules 24
`The market rules-- 25
(a) must include the following-- 26
Page 331
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
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[s 713]
(i) the principles for establishing the market; 1
(ii) a process for entities to register to participate in the 2
market as registered grid participants in particular 3
categories provided for under the rules; 4
(iii) the rights and obligations of registered grid 5
participants under the rules; 6
(iv) provisions about any fees payable, including any 7
charges for recovering costs in relation to the 8
development and administration of the market, for 9
registration by entities as registered grid 10
participants and for their ongoing participation in 11
the market; 12
(v) regulating activities related to the market; 13
Example-- 14
metering 15
(vi) the principles for deciding the prices payable for 16
water sold by the water grid manager; 17
(vii) the principles for deciding the prices for the 18
provision of a declared water service by a grid 19
service provider; 20
(viii) procedures for resolving disputes under or in 21
relation to the market rules; 22
(ix) requirements for monitoring and reporting; 23
(x) provision for an entity (the rules administrator) to 24
administer the rules; 25
(xi) the process for amending the rules; and 26
(b) may include any other matter the Minister considers 27
appropriate to facilitate the operation of the market. 28
`360ZCZ When market rules take effect 29
`(1) The Minister must notify the making of the market rules. 30
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`(2) The notice made under subsection (1) is subordinate 1
legislation. 2
`(3) The market rules take effect-- 3
(a) on the day the Minister's notice is notified in the gazette; 4
or 5
(b) if a later day is stated in the Minister's notice or the 6
market rules--on that day. 7
`360ZDA Tabling of market rules 8
`(1) Within 14 days after the market rules or an amendment of the 9
market rules takes effect, the Minister must table a copy of the 10
market rules or the amendment in the Legislative Assembly. 11
`(2) The copy is tabled for information only. 12
`(3) A failure to table a copy does not affect the market rules' 13
ongoing effect. 14
`360ZDB Public notification of market rules 15
`The Minister must publish the market rules, as in force from 16
time to time, on the commission's website on the internet. 17
Editor's note-- 18
The commission's website on the internet is . 19
`360ZDC Review of market rules 20
`The Minister must, as soon as practicable after the second 21
anniversary of the market rules taking effect-- 22
(a) conduct a review into the operation and effectiveness of 23
the rules; and 24
(b) table a report about the outcome of the review in the 25
Legislative Assembly. 26
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`Subdivision 2 Grid contract documents and 1
registered grid participants 2
`360ZDD Grid contract document 3
`(1) The Minister may, before 1 July 2011, make a document (a 4
grid contract document), in the form of a contract, providing 5
for-- 6
(a) the supply, by a grid service provider named in the 7
document, of a declared water service, stated in the 8
document, to the water grid manager; or 9
(b) the supply, by the water grid manager, of water supplied 10
by a declared water service, stated in the document, to a 11
grid customer named in the document. 12
`(2) A grid contract document has effect as a contract between the 13
grid service provider, or grid customer, named as a party in 14
the document and the water grid manager. 15
`(3) To remove any doubt, it is declared that the grid service 16
provider, or grid customer, named as a party in a grid contract 17
document and the water grid manager are not required to 18
execute the document as parties to the contract. 19
`(4) The terms of a grid contract document may be changed by the 20
Minister. 21
`(5) If the Minister changes the terms of a grid contract document, 22
the document continues to have effect as a contract, but in 23
accordance with the change. 24
`(6) If a contract entered into between a grid service provider, or 25
grid customer, and the water grid manager is inconsistent with 26
a grid contract document applying to them, the terms of the 27
grid contract document prevail. 28
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`360ZDE Effect of grid contract document 1
`(1) A grid service provider must supply its declared water service 2
only to the water grid manager and only in accordance with a 3
grid contract document applying to the grid service provider. 4
`(2) A grid customer must be supplied with water from a declared 5
water service only from the water grid manager and only in 6
accordance with a grid contract document applying to the grid 7
customer. 8
`Subdivision 3 Registered grid participants 9
`360ZDF Registration process provided in market rules 10
`(1) This section applies if an entity wants to participate in the 11
market. 12
Note-- 13
1 Under section 1162, particular entities are grid customers for the 14
market. 15
2 Under schedule 4, definition grid service provider, particular 16
entities in relation to declared water services are grid service 17
providers for the market. 18
3 Under schedule 4, definition distribution service provider, 19
particular entities in relation to declared water services are 20
distribution service providers for the market. 21
`(2) The entity must, in the way provided under the market rules, 22
apply for registration as a registered grid participant in the 23
category under the market rules that is applicable to the 24
entity's proposed participation in the market. 25
`360ZDG Relationship between water grid manager and 26
registered grid participants 27
`(1) The only entity that may supply a declared water service to 28
the water grid manager is a grid service provider. 29
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`(2) Unless the market rules otherwise provide in particular 1
circumstances stated in the market rules, the only entity that 2
may be supplied by the water grid manager with water 3
supplied by a declared water service is a grid customer. 4
`360ZDH Transfer of registration 5
`(1) This section applies if the owner (the transferor) of water 6
supply works for supplying a declared water service transfers 7
the ownership of the works to another entity (a transferee). 8
`(2) The transferor must give the rules administrator notice of the 9
transfer. 10
`(3) On the transfer-- 11
(a) the transferor stops being a grid service provider in 12
relation to the declared water service; and 13
(b) the transferee becomes the grid service provider in 14
relation to the declared water service. 15
`Subdivision 4 Liability of registered grid 16
participants and water grid manager 17
`360ZDI Limited liability of grid participants 18
`(1) A grid participant is not civilly liable to another grid 19
participant (a relevant entity) for any consequential loss 20
suffered by the relevant entity arising out of, or in relation to, 21
an act or omission, including a negligent act or omission, of 22
the grid participant in the performance of, or in a failure to 23
perform, its functions under this Act or its obligations-- 24
(a) other than to the extent that the consequential loss was 25
caused, or contributed to, by the wilful default of the 26
grid participant; or 27
(b) if the grid participant recovers compensation from an 28
entity in relation to the consequential loss suffered by 29
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the relevant entity--other than to the extent of the net 1
compensation amount. 2
`(2) To remove any doubt, it is declared that-- 3
(a) nothing in this section is taken-- 4
(i) to create a cause of action against a grid 5
participant; or 6
(ii) to limit the liability of the grid participant to an 7
entity for a claim for personal injury suffered by 8
the entity; and 9
(b) to the extent that an act or omission of a grid participant 10
is inconsistent with a contract, in force immediately 11
before the commencement of this section, to which the 12
grid participant and a relevant entity are parties, the grid 13
participant's liability to the relevant entity is limited by 14
subsection (1). 15
`(3) A grid participant may, in a contract, expressly vary or 16
exclude the operation of subsection (1) in relation to the 17
liability of the participant to another party to the contract. 18
`(4) Subsection (1) does not apply to a grid participant to the 19
extent that a contract mentioned in subsection (3) expressly 20
varies or excludes its operation in relation to the other party to 21
the contract. 22
`(5) In this section-- 23
consequential loss includes the following-- 24
(a) any loss of anticipated or actual revenue or profits; 25
(b) loss of use of equipment; 26
(c) business interruption or a failure to realise anticipated 27
savings; 28
(d) loss of data; 29
(e) downtime costs or wasted overheads; 30
(f) loss of goodwill or business opportunity; 31
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(g) punitive or exemplary damages; 1
(h) any special or indirect loss or damage of any nature 2
whatsoever. 3
function includes power. 4
grid participant means the following-- 5
(a) a registered grid participant; 6
(b) the water grid manager. 7
net compensation amount, for compensation recovered by a 8
grid participant, means the compensation less an amount that 9
represents any loss suffered by the grid participant in relation 10
to the consequential loss and any costs incurred in recovering 11
the compensation. 12
obligations, of a grid participant, means the grid participant's 13
obligations under the following-- 14
(a) the market rules or operating protocols; 15
(b) any grid contract document in which the grid participant 16
is named as a party; 17
(c) any instruments made, or instruction given, under the 18
market rules or operating protocols. 19
operating protocols means the operating protocols made 20
under the market rules. 21
perform includes purport to perform. 22
wilful default, by a grid participant, includes-- 23
(a) any fraudulent conduct, including concealment; and 24
(b) any criminal conduct; and 25
(c) any intentional or reckless breach of, or failure to 26
remedy a breach of, the grid participant's obligations. 27
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`Subdivision 5 Offences relating to market rules 1
`360ZDJ Compliance with market rules 2
`(1) A relevant entity must not contravene the market rules. 3
Maximum penalty--1665 penalty units. 4
`(2) In this section-- 5
relevant entity means-- 6
(a) a registered grid participant; or 7
(b) the water grid manager. 8
`Division 4 Transfer of particular authorities 9
`360ZDK Definitions for div 4 10
`In this division-- 11
chief executive means the chief executive of the department in 12
which chapter 2, part 6 is administered. 13
limited authority see section 360ZDL(4). 14
receiving entity see section 360ZDN(1)(h). 15
relevant authority see section 360ZDL(3). 16
scheme see section 360ZDM. 17
transfer notice see section 360ZDN(1). 18
transferring entity see section 360ZDM(2)(b). 19
`360ZDL Application of div 4 20
`(1) This division applies to the following authorities to take or 21
interfere with water in the SEQ region-- 22
(a) an authority continued in force under section 1037 or 23
1037A, other than under section 1037A(4); 24
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Editor's note-- 1
sections 1037 (Local government authorities) and 1037A (Other 2
continuing authorities) 3
(b) a licence or permit taken to be in force under section 4
1048A if the water may be taken for town water supply 5
or urban purposes; 6
Editor's note-- 7
section 1048A (Existing licences, permits and approvals) 8
(c) a water licence to take water if the purpose stated on the 9
licence is `town water supply' or `urban'; 10
(d) a water permit if the purpose stated on the permit is 11
`town water supply' or `urban'; 12
(e) an interim water allocation if the purpose stated on the 13
allocation is `urban' or `any'; 14
(f) an interim water allocation to take water in the Warrill 15
Valley water supply scheme under authority number 16
103187. 17
`(2) This division also applies to an interim water allocation to 18
take water in the Mary Valley water supply scheme under 19
authority number 103163. 20
`(3) If an authority to which this division applies is an authority to 21
take and interfere with water in the SEQ region, the authority 22
is a relevant authority. 23
`(4) If an authority to which this division applies is an authority 24
that allows only taking of water, the authority is a limited 25
authority. 26
`360ZDM The transfer scheme 27
`(1) This division facilitates the operation of the market by 28
providing for a scheme to transfer to the water grid manager 29
particular authorities to take water (the scheme). 30
`(2) Under the scheme-- 31
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(a) a relevant authority may, under this division, be replaced 1
by-- 2
(i) 1 or more authorities to take water; and 3
(ii) an authority to interfere with water; and 4
(b) generally, an authority to take water mentioned in 5
paragraph (a)(i), or a limited authority, is transferred 6
from the holder of the relevant authority or limited 7
authority (each a transferring entity) to the water grid 8
manager; and 9
(c) the authority to interfere with water mentioned in 10
paragraph (a)(ii) continues to be held by the holder of 11
the relevant authority. 12
`360ZDN Transfer notice 13
`(1) For the purpose of the scheme, the Minister may, by gazette 14
notice (a transfer notice), do any of the following-- 15
(a) replace a relevant authority with 1 or more authorities to 16
take water and an authority to interfere with water; 17
(b) transfer an authority to take water mentioned in 18
paragraph (a) from a transferring entity to the water grid 19
manager; 20
(c) transfer another authority to take water mentioned in 21
paragraph (a) from a transferring entity to the bulk water 22
supply authority; 23
(d) transfer a limited authority from a transferring entity to 24
the water grid manager; 25
(e) replace a limited authority with 2 or more authorities to 26
take water and-- 27
(i) transfer 1 authority from a transferring entity to the 28
water grid manager; and 29
(ii) transfer the remaining authorities from a 30
transferring entity to the bulk water supply 31
authority; 32
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(f) impose requirements on any of the authorities replaced 1
or transferred under this section, including requirements 2
about-- 3
(i) the volume of water that may be taken under the 4
authority by the water grid manager; and 5
(ii) the volume of water that may be taken under the 6
authority by the bulk water supply authority; and 7
(iii) the purpose for which the water taken under the 8
authority by the bulk water supply authority may 9
be used; 10
(g) make provision for a transferring entity that is the holder 11
of a relevant authority, replaced by 1 or more authorities 12
to take water and an authority to interfere with water, to 13
continue to hold the authority to interfere with water; 14
(h) make provision about the application of instruments to a 15
transferring entity or, under this division, an entity that 16
will hold an authority to take water, or an authority to 17
interfere with water, (a receiving entity) including-- 18
(i) whether the transferring entity or receiving entity 19
is a party to an instrument; and 20
(ii) whether an instrument is taken to have been made 21
by the transferring entity or receiving entity, or 22
given to, by or in favour of the transferring entity 23
or receiving entity; and 24
(iii) whether a reference to another entity in an 25
instrument is a reference to the transferring entity 26
or receiving entity; and 27
(iv) whether, under an instrument, an amount is or may 28
become payable to or by the transferring entity or 29
receiving entity, or other property is, or may be, 30
transferred to or by the transferring entity or 31
receiving entity; 32
(v) make provision about an incidental, consequential 33
or supplemental matter the Minister considers 34
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[s 713]
necessary or convenient for effectively carrying out 1
the scheme. 2
`(2) Subsection (3) applies if a relevant authority or a limited 3
authority is, under a transfer notice, replaced with 1 or more 4
other authorities to take or interfere with water (each a new 5
authority). 6
`(3) The Minister must be satisfied the conditions under which 7
water may be taken or interfered with under the new 8
authorities are at least as restrictive as the cumulative effect of 9
the conditions on the relevant authority or limited authority. 10
`(4) Without limiting subsection (3), the conditions under which 11
water may be taken or interfered with under the new 12
authorities must not-- 13
(a) increase the total amount of water that may be taken; or 14
(b) increase the rate at which water may be taken; or 15
(c) change the flow conditions under which water may be 16
taken; or 17
(d) increase the interference with the flow of water. 18
`(5) A transfer notice has effect despite any other law or 19
instrument. 20
`(6) A transfer notice has effect on the day it is published in the 21
gazette or a later day stated in it. 22
`(7) In this section-- 23
instrument includes an agreement for an entity to supply 24
water to another entity. 25
`360ZDO Process after transfer notice 26
`(1) This section applies if an authority is transferred from a 27
transferring entity to a receiving entity under a transfer notice. 28
`(2) The chief executive may take the action that is necessary or 29
convenient for the transfer of the authority under the transfer 30
notice, including-- 31
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(a) updating a register or other record; and 1
(b) amending, cancelling or issuing another authority. 2
`(3) The chief executive may take action under subsection (2) 3
although this Act does not provide for the taking of the action 4
or provides for taking the action in a different way. 5
Example-- 6
An authority is transferred from a transferring entity to a receiving 7
entity under a transfer notice. Acting under subsection (3), the chief 8
executive grants to the receiving entity a water licence to replace the 9
authority, despite the provisions of chapter 2, part 6, division 2 applying 10
to the granting of a water licence. 11
`360ZDP Continuing authorities 12
`(1) This section applies to an authority to take or interfere with 13
water that a receiving entity holds, or a transferring entity 14
continues to hold, under a transfer notice. 15
`(2) The authority continues under this Act until whichever of the 16
following first happens-- 17
(a) the chief executive grants a water licence to replace the 18
authority; 19
(b) the authority is replaced with a water entitlement, 20
interim resource operations licence, resource operations 21
licence or distribution operations licence. 22
`(3) The chief executive may grant the receiving entity or 23
transferring entity a water licence to replace the authority to 24
take or interfere with water without the need for an 25
application to be made under section 206. 26
`(4) Within 30 business days after the chief executive grants the 27
water licence, the chief executive must give the receiving 28
entity or transferring entity the licence and an information 29
notice about the granting of the licence. 30
`(5) The water licence has effect from the day the licence is given 31
to the receiving entity or transferring entity. 32
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[s 714]
`360ZDQ References in supply agreements to particular 1
transferring entities 2
`(1) This section applies if an authority mentioned in a transfer 3
notice is transferred from a transferring entity to a receiving 4
entity. 5
`(2) A reference in an existing supply agreement to the 6
transferring entity is, if the context permits, taken to be a 7
reference to the receiving entity. 8
`(3) On and from the day the transfer notice takes effect, the 9
existing supply agreement gives rise to the same rights and 10
liabilities as would have arisen if the authority had not been 11
transferred. 12
`(4) In this section-- 13
existing supply agreement means an agreement for the supply 14
of water, in force on the day the transfer notice takes effect, 15
between the transferring entity and another entity.'. 16
714 Omission of ch 3 (Infrastructure and service) 17
Chapter 3-- 18
omit. 19
715 Amendment of s 696 (Procedure before authority is 20
dissolved to convert to an alternative institutional 21
structure) 22
(1) Section 696, heading, `an alternative institutional structure'-- 23
omit, insert-- 24
`alternative institutional structures'. 25
(2) Section 696, `is to convert to an alternative institutional 26
structure'-- 27
omit, insert-- 28
`is to convert to 1 or more alternative institutional structures'. 29
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[s 716]
(3) Section 696(a), `the new entity that is the'-- 1
omit, insert-- 2
`each new entity that is an'. 3
(4) Section 696-- 4
insert-- 5
`(c) if 2 or more alternative institutional structures are or are 6
to be established, the water authority must give the 7
Minister a notice (an allocation notice) stating the 8
proposed allocation of employees, assets, liabilities and 9
property of any kind between the alternative 10
institutional structures.'. 11
716 Amendment of s 701 (Definitions for div 3) 12
(1) Section 701, definition former water authority, paragraph (b), 13
`an alternative institutional structure'-- 14
omit, insert-- 15
`1 or more alternative institutional structures'. 16
(2) Section 701, definition new entity, paragraph (b), from `an 17
alternative institutional structure'-- 18
omit, insert-- 19
`1 or more alternative institutional structures--each entity that 20
is an alternative institutional structure; or'. 21
717 Insertion of new s 701A 22
After section 701-- 23
insert-- 24
`701A Notification for conversion to 2 or more alternative 25
institutional structures 26
`If a former water authority is converted to 2 or more 27
alternative institutional structures, the Minister must, on the 28
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Chapter 10 Amendment of other Acts
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[s 718]
changeover day for the former water authority, publish in the 1
gazette the allocation notice for the former water authority.'. 2
718 Amendment of s 702 (Vesting of assets, rights and 3
liabilities) 4
Section 702-- 5
insert-- 6
`(2) However, if a former water authority is converted to 2 or more 7
alternative institutional structures, the assets, rights and 8
liabilities of the authority vest, on its changeover day, in each 9
new entity for the authority in accordance with the authority's 10
allocation notice.'. 11
719 Amendment of s 703 (Continuing legal proceedings) 12
Section 703-- 13
insert-- 14
`(2) However, if a former water authority is converted to 2 or more 15
alternative institutional structures, a legal proceeding by or 16
against the authority that has not been finished before its 17
changeover day may, from the changeover day, be continued 18
and finished by or against whichever of the new entities for 19
the authority that is the most appropriate in the circumstances. 20
Example-- 21
If there is a legal proceeding against a former water authority in relation 22
to supply of water to a customer of the authority that has not been 23
finished before the changeover day for the authority, the legal 24
proceeding may be continued and finished by the alternative 25
institutional structure that takes over the function of supplying water to 26
the authority's customers. 27
720 Amendment of s 704 (Existing employees) 28
(1) Section 704-- 29
insert-- 30
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[s 721]
`(2A) However, if the former water authority is converted to 2 or 1
more alternative institutional structures, on the changeover 2
day for the authority-- 3
(a) a person who was employed by the former water 4
authority becomes an employee of a new entity for the 5
authority in accordance with the authority's allocation 6
notice; and 7
(b) a person who was employed by the employing office for 8
the former water authority becomes an employee of-- 9
(i) if there is an employing office for a new entity for 10
the authority for which the person becomes an 11
employee under the allocation notice--that 12
employing office; or 13
(ii) otherwise--a new entity for the authority in 14
accordance with the authority's allocation notice.'. 15
(2) Section 704(2)(b)(i), `employing authority'-- 16
omit, insert-- 17
`employing office'. 18
721 Amendment of s 705 (State undertakes non-transferable 19
civil liability) 20
Section 705(3), definitions changed and changing authority, 21
paragraph (b), `an alternative institutional structure'-- 22
omit, insert-- 23
`1 or more alternative institutional structures'. 24
722 Amendment of s 758 (Power to require name and 25
address) 26
Section 758(1)-- 27
omit, insert-- 28
`(1) This section applies if an authorised officer-- 29
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Water Supply (Safety and Reliability) Bill 2008
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[s 723]
(a) finds a person committing an offence against this Act; or 1
(b) finds a person in circumstances that lead the authorised 2
officer reasonably to suspect the person has just 3
committed an offence against this Act; or 4
(c) has information that leads the authorised officer 5
reasonably to suspect a person has just committed an 6
offence against this Act.'. 7
723 Omission of ch 5, pt 3, div 2 (Offences for chapter 3) 8
Chapter 5, part 3, division 2-- 9
omit. 10
724 Amendment of ch 6, hdg (Reviews, appeals and 11
arbitration) 12
Chapter 6, heading, `, appeals and arbitration'-- 13
omit, insert-- 14
`and appeals'. 15
725 Amendment of s 851 (Who is an interested person) 16
(1) Section 851(1) and (5), `In this part, a'-- 17
omit, insert-- 18
`A'. 19
(2) Section 851(3) and (4)-- 20
omit. 21
(3) Section 851(6), `subsection (1), (3) or (4) or the decision 22
mentioned in subsection (5)'-- 23
omit, insert-- 24
`subsection (1) or the decision mentioned in subsection (3)'. 25
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[s 726]
(4) Section 851(5) and (6)-- 1
renumber as section 851(3) and (4). 2
726 Amendment of s 862 (Who may apply for internal review) 3
(1) Section 862(1)(b) and (c)-- 4
omit. 5
(2) Section 862(1)(d), `section 851(5)'-- 6
omit, insert-- 7
`section 851(3)'. 8
(3) Section 862(1)(d), as amended-- 9
renumber as section 862(1)(b). 10
727 Amendment of s 864 (Review decision) 11
(1) Section 864(4)(b), (c) and (d)-- 12
omit, insert-- 13
`(b) that the applicant may, within 30 business days after the 14
day the applicant is given the notice-- 15
(i) for a decision or action about a water bore driller's 16
licence--appeal against the review decision to the 17
Magistrates Court; and 18
(ii) for a decision or action mentioned in section 19
851(1), other than the giving of a compliance 20
notice--appeal against the review decision to the 21
Land Court; and 22
(iii) for a decision or action mentioned in section 23
851(1) for which a compliance notice was 24
given--appeal against the review decision to the 25
Magistrates Court; and 26
(iv) for a decision or action mentioned in section 27
851(3)--appeal against the review decision to the 28
Land Court; and 29
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[s 728]
(c) that the applicant may apply to the court that under 1
paragraph (b) would hear the appeal against the review 2
decision for a stay of the review decision.'. 3
728 Amendment of s 865 (Stay of operation of original 4
decision) 5
(1) Section 865(1)(a), (b), (c) and (d)-- 6
omit, insert-- 7
`(a) if, under section 864(4)(b)(i) or (iii), the applicant would 8
be able to appeal to the Magistrates Court--the 9
Magistrates Court; and 10
(b) if, under section 864(4)(b)(ii) or (iv), the applicant 11
would be able to appeal to the Land Court--the Land 12
Court.'. 13
(2) Section 865(4), from `to--'-- 14
omit, insert-- 15
`to appeal against the review decision.'. 16
729 Amendment of s 877 (Who may appeal) 17
Section 877(1)(b), (c) and (d)-- 18
omit, insert-- 19
`(b) if the review decision was about an original decision or 20
action mentioned in section 851(1), other than the 21
giving of a compliance notice--the Land Court; and 22
(c) if the review decision was about a decision or action 23
mentioned in section 851(1) for which a compliance 24
notice was given--the Magistrates Court; and 25
(d) if the review decision was about an original decision or 26
action mentioned in section 851(3)--the Land Court.'. 27
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[s 730]
730 Omission of ch 6, pt 4 (Arbitration) 1
Chapter 6, part 4-- 2
omit. 3
731 Amendment of s 920 (Appointments and authority) 4
Section 920(b), (c) and (d)-- 5
omit, insert-- 6
`(b) an authorised officer's appointment; or 7
(c) the authority of the chief executive or an authorised 8
officer to do anything under this Act.'. 9
732 Amendment of s 932 (Proceedings for offences) 10
(1) Section 932, heading-- 11
omit, insert-- 12
`932 Who may bring proceedings for offences'. 13
(2) Section 932(1)(a) and (b)-- 14
omit, insert-- 15
`(a) section 956--may be brought only by the 16
Attorney-General; or'. 17
(3) Section 932(1)(c) to (e)-- 18
renumber as section 932(1)(b) to (d). 19
(4) Section 932(2), (3) and (4)-- 20
omit. 21
(5) Section 932(5)-- 22
renumber as section 932(2). 23
Page 352
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 733]
733 Amendment of s 955 (Governor in Council may appoint 1
administrator to operate infrastructure) 2
(1) Section 955(1) and (2)-- 3
omit, insert-- 4
`(1) This section applies if the chief executive cancels a resource 5
operations licence, an interim resource operations licence or a 6
distribution operations licence. 7
`(2) The Governor in Council may, by gazette notice, authorise the 8
following person (the administrator) to operate the 9
infrastructure to which the licence relates and use the licence 10
holder's water entitlement to operate the infrastructure-- 11
(a) the chief executive; 12
(b) any other person who has the necessary experience or 13
qualifications to operate the infrastructure.'. 14
(2) Section 955(4), `and supply the registered service'-- 15
omit. 16
734 Omission of ss 957 and 958 17
Sections 957 and 958-- 18
omit. 19
735 Amendment of s 966 (Additional criteria for assessing 20
development applications) 21
(1) Section 966(1)(d)-- 22
omit. 23
(2) Section 966(1)(e)-- 24
renumber as section 966(1)(d). 25
(3) Section 966(2)(d) and (e)-- 26
omit, insert-- 27
Page 353
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 736]
`(d) for development mentioned in subsection 1
(1)(d)--preserving water quality in the catchment area.'. 2
(4) Section 966(3), `Subsection (2) does'-- 3
omit, insert-- 4
`Subsections (2) and (4) do'. 5
(5) Section 966(3), as amended-- 6
renumber as section 966(5). 7
(6) Section 966-- 8
insert-- 9
`(3) Subsection (4) applies if the bulk water supply authority is the 10
referral agency for a development application under the 11
Integrated Planning Act 1997 for development in a declared 12
catchment area. 13
`(4) The bulk water supply authority must assess the development 14
application against the purposes of this Act to the extent the 15
purposes relate to preserving water quality in the catchment 16
area.'. 17
736 Amendment of s 967 (IPA approval for development is 18
subject to approval under this Act) 19
Section 967-- 20
insert-- 21
`(7) Operational work mentioned in the Integrated Planning Act 22
1997, schedule 8, part 2, table 4, item 1(b)(i), is taken to 23
include a right to use and occupy the part of the bed or bank of 24
the watercourse or lake on which the operations are situated.'. 25
737 Omission of s 971 (Development applications for 26
referable dams) 27
Section 971-- 28
omit. 29
Page 354
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 738]
738 Insertion of new ch 8, pts 3A and 3B 1
Chapter 8-- 2
insert-- 3
`Part 3A Authority held by Mount Isa 4
Mines Limited 5
`992A Authority held by Mount Isa Mines Limited under 6
special agreement Act 7
`(1) This section applies to Mount Isa Mines Limited ACN 8
009 661 447 (the entity) to the extent a special agreement Act 9
authorises the entity to take or interfere with water in relation 10
to Rifle Creek Dam and Lake Moondarra. 11
`(2) The authority continues under the special agreement Act until 12
the chief executive grants the entity the water allocation under 13
the resource operations plan to replace part of the Lake 14
Moondarra authority. 15
`(3) Subsection (2) applies despite section 1037A(3) and (4) and 16
anything to the contrary in the special agreement Act that 17
applies to the entity. 18
Editor's note-- 19
section 1037A (Other continuing authorities) 20
`(4) To remove any doubt, it is declared that nothing in this section 21
affects the water licence, held by the entity, to take water from 22
Rifle Creek. 23
`(5) In this section-- 24
Lake Moondarra authority means the authority for taking 25
water from Lake Moondarra-- 26
(a) granted under the Order in Council published in the 27
gazette on 14 August 1976 at page 1987; and 28
(b) continued under section 1089. 29
Page 355
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 738]
resource operations plan means the resource operations plan 1
that implements the Water Resource (Gulf) Plan 2007. 2
special agreement Act see the Environmental Protection Act 3
1994, section 614(2). 4
`Part 3B SEQ Water 5
`992B Application of pt 3 6
`This part applies to the authority held by SEQ Water, to take 7
or interfere with water, continued in force under section 8
1037A. 9
Editor's note-- 10
section 1037A (Other continuing authorities) 11
`992C Requirement for supply contract 12
`The holder of each of the following authorities, to take water 13
made available by SEQ Water under its authority, must have a 14
supply contract with SEQ Water for the holder's water 15
entitlement-- 16
(a) a licence issued under part 4 of the repealed Act to take 17
water for irrigation purposes from the section of the 18
Brisbane River between Wivenhoe Dam and Mt Crosby 19
Weir and taken, under section 1048A, to be a water 20
entitlement under this Act; 21
Editor's note-- 22
section 1048A (Existing licences, permits and approvals) 23
(b) an authority under the repealed Act, to take water, 24
that-- 25
Page 356
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 738]
(i) was in force on the commencement of the repealed 1
Water Resources Regulation 1999, section 15B; 2
and 3
(ii) relates to the section of the Brisbane River between 4
Wivenhoe Dam and Mt Crosby Weir; and 5
(iii) is taken, under section 1048A, to be a water 6
entitlement under this Act; 7
(c) a water entitlement granted under this Act to take water 8
from the section of the Brisbane River between 9
Wivenhoe Dam and Mt Crosby Weir. 10
`992D Chief executive may approve standard supply 11
contract 12
`(1) The chief executive may approve a standard supply contract 13
for the storage and supply, by SEQ Water, of water under the 14
authorities mentioned in section 992C. 15
`(2) The chief executive must gazette the approval. 16
`(3) On the commencement of this section, the standard supply 17
contract applies to an authority unless the holder of the 18
authority and SEQ Water have a supply contract. 19
`(4) The parties to a standard supply contract must review the 20
contract within 1 year after the contract takes effect. 21
`992E Customer of a service provider 22
`The holder of authority to take water, mentioned in section 23
992C, is a customer of a service provider for the Water Supply 24
Act. 25
`992F Cost of installing and maintaining meters 26
`SEQ Water may recover, from each holder of an authority 27
mentioned in section 992C to whom the standard supply 28
contract applies, the reasonable cost to SEQ Water of-- 29
Page 357
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 739]
(a) a water meter to measure the volume of water taken 1
under the authority; and 2
(b) installing, reading and maintaining the water meter.'. 3
739 Amendment of s 1006 (Declarations about watercourses) 4
Section 1006-- 5
insert-- 6
`(2A) If subsection (2) applies, a regulation or a water resource plan 7
may also state the way in which water, taken for stock or 8
domestic purposes, is regulated.'. 9
740 Amendment of s 1007 (Records to be kept in registries) 10
(1) Section 1007(3), (4), (4A) and (4B)-- 11
omit. 12
(2) Section 1007(2A) and (2B)-- 13
renumber as section 1007(3) and (4). 14
741 Amendment of s 1009 (Public inspection and purchase of 15
documents) 16
(1) Section 1009(1), `or regulator'-- 17
omit. 18
(2) Section 1009(1)(s) to (y)-- 19
omit, insert-- 20
`(s) each private water supply agreement.'. 21
(3) Section 1009(3) and (4)-- 22
omit. 23
(4) Section 1009(5) and (6)-- 24
renumber as section 1009(3) and (4). 25
Page 358
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 742]
742 Amendment of s 1010A (Non-disclosure of commercially 1
sensitive information) 2
Section 1010A(1)(a), from `section 25T'-- 3
omit, insert-- 4
`section 25T, 36, 36A or 97; and 5
Editor's note-- 6
section 25T (Requirement for further information), 36 7
(Obtaining water information), 36A (Obtaining information 8
from a service provider) or 97 (Notice of proposal to water 9
infrastructure operators)'. 10
743 Amendment of s 1014 (Regulation-making power) 11
(1) Section 1014(2)(gb), from `unallocated water'-- 12
omit, insert-- 13
`unallocated water in the plan area for a water resource plan or 14
resource operations plan or a wild river area; and'. 15
(2) Section 1014(2)(i) and (j), `approve'-- 16
omit, insert-- 17
`state'. 18
744 Amendment of s 1046 (Declared subartesian areas) 19
(1) Section 1046(2)(b), `taking'-- 20
omit, insert-- 21
`taking or interfering with'. 22
(2) Section 1046(4)-- 23
omit, insert-- 24
`(4) Subsections (4A) to (7) apply if, immediately before a 25
regulation declares an area to be a subartesian area-- 26
Page 359
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 745]
(a) a person is an owner of land in the area on which works 1
for taking or interfering with subartesian water under 2
section 20(6) are situated; and 3
(b) the works are capable of being used to take or interfere 4
with subartesian water.'. 5
(3) Section 1046-- 6
insert-- 7
`(4A) On a regulation declaring the area to be a subartesian area, the 8
person may continue to use the works to take or interfere with 9
water until the chief executive grants a water licence to the 10
person.'. 11
(4) Section 1046(5)-- 12
insert-- 13
`Note-- 14
If, after a regulation declares an area to be a subartesian area, a person is 15
using works in the area for taking or interfering with subartesian water 16
under a water licence that expires or is surrendered or cancelled, the 17
chief executive may not grant a water licence to the person, or reinstate 18
or replace the expired licence, under this subsection.'. 19
745 Insertion of new ch 9, pt 5, div 11 20
After section 1160-- 21
insert-- 22
`Division 11 Transitional provisions for Water 23
Supply (Safety and Reliability) Act 24
2008 25
`1161 Declared water services 26
`(1) The Minister may, by gazette notice, declare that a water 27
service, or part of a water service, is a declared water service 28
for chapter 2A, part 5A, division 2. 29
Editor's note-- 30
Page 360
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 745]
chapter 2A (Water supply and demand management), part 5A (The 1
market), division 2 (Declaration of water services) 2
`(2) A declaration made under subsection (1) has effect on the day 3
it is published in the gazette or the later day stated in it. 4
`(3) A water service, or part of a water service, declared under 5
subsection (1) to be a declared water service is a declared 6
water service for chapter 2A, part 5A, division 2 even though 7
requirements for the declaration of a water service under 8
chapter 2A, part 5A, division 2 have not been complied with. 9
`1162 Grid customers 10
`Each of the following is, from the commencement of this 11
section, a grid customer-- 12
(a) CS Energy Limited (ACN 078 848 745); 13
(b) Tarong Energy Limited (ACN 078 848 736); 14
(c) each local government whose local government area 15
forms part of the SEQ region. 16
`1163 Changing source of water supplied under supply 17
contact 18
`(1) This section applies if-- 19
(a) immediately before the commencement of this 20
section-- 21
(i) there is a supply contract in force between a water 22
service provider and a customer for the supply of 23
water; and 24
(ii) the supply contract states that water supplied to the 25
customer must be from a particular source; and 26
(b) on the commencement, the water service provider 27
becomes a grid customer. 28
`(2) Subject to subsection (3), the water service provider may, 29
from the commencement of this section, supply to the 30
Page 361
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 745]
customer water from another source while the supply contract 1
continues in force. 2
`(3) The water from the other source must be fit for the purpose for 3
which water under the supply contract is supplied. 4
`(4) The customer may not end the supply contract only because 5
the water is supplied from another source. 6
`(5) The supply to the customer by the water service provider, 7
under subsection (2), of water from another source-- 8
(a) does not constitute a breach of the supply contract by the 9
water service provider; and 10
(b) does not give rise to a claim for damages against the 11
water service provider. 12
`1164 Existing water supply agreements end 13
`(1) This section applies if-- 14
(a) immediately before the commencement of this section, a 15
water supply agreement is in force in relation to the 16
supply of water or water services; and 17
(b) from the commencement, the water or water services are 18
to be supplied by a declared water service. 19
`(2) The water supply agreement ends at the end of 30 June 2008. 20
`(3) In this section-- 21
potential grid participant means-- 22
(a) an entity supplying a water service, or part of a water 23
service, declared under section 1161; or 24
(b) an entity that becomes, under section 1162, a grid 25
customer. 26
water supply agreement means a contract or other agreement 27
between-- 28
(a) 2 or more potential grid participants; or 29
Page 362
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 745]
(b) a potential grid participant and SEQ Water; or 1
(c) a potential grid participant and SunWater. 2
`1165 References to particular entities in relevant water 3
resource plans 4
`(1) This section applies if-- 5
(a) an entity (a water entity) has an authority that allows 6
taking or interfering with water; and 7
(b) under the South East Queensland (Water Restructuring) 8
Act 2007, section 76, the authority is transferred to the 9
bulk water supply authority; and 10
Editor's note-- 11
South East Queensland (Water Restructuring) Act 2007, section 12
76 (Automatic transfer of instruments relating to transferred 13
works) 14
(c) under a transfer notice, the authority is replaced with 2 15
or more authorities to take or interfere with water that 16
are transferred to other entities. 17
`(2) If a provision of a relevant water resource plan refers to the 18
water entity, in relation to having an authority to take or 19
interfere with water, the provision must be read with the 20
changes necessary to give practical effect to the transfer 21
notice. 22
`(3) In this section-- 23
relevant water resource plan means each of the following-- 24
(a) Water Resource (Gold Coast) Plan 2006; 25
(b) Water Resource (Logan Basin) Plan 2007; 26
(c) Water Resource (Mary Basin) Plan 2006; 27
(d) Water Resource (Moreton) Plan 2007. 28
transfer notice means a transfer notice under section 29
360ZDN(1). 30
Page 363
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 746]
`1166 Codes for assessment under the Integrated 1
Planning Act 1997 2
`(1) This section applies if, before the commencement of this 3
section, a code was approved under a regulation for section 4
1014(2)(i) or (j). 5
`(2) From the commencement of this section, the code is taken to 6
be a code stated for section 1014(2)(i) or (j). 7
`1167 Amendment of water resource plans 8
`The amendment of each of the following water resource 9
plans by the Water Supply (Safety and Reliability) Act 2008 10
does not affect the power of the Governor in Council to 11
further amend the plan or to repeal it-- 12
(a) Water Resource (Fitzroy Basin) Plan 1999; 13
(b) Water Resource (Gold Coast) Plan 2006; 14
(c) Water Resource (Logan Basin) Plan 2007; 15
(d) Water Resource (Mary Basin) Plan 2006; 16
(e) Water Resource (Moreton) Plan 2007.'. 17
746 Omission of sch 1 (Prohibited substances) 18
Schedule 1-- 19
omit. 20
747 Amendment of sch 4 (Dictionary) 21
(1) Schedule 4, definitions annual report, application day, 22
appointer, auditor, billing period, cost-benefit analysis, 23
customer, customer service standard, development condition, 24
executive officer (both mentions), failure, failure impact 25
assessment, fire fighting purposes, fire fighting system, flood 26
mitigation manual, floodwater, height, information notice, 27
outdoor water use conservation plan, owner (all 3 mentions), 28
prohibited substance, rate notice, referable dam, registered 29
Page 364
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 747]
professional engineer, regulator, related local government, 1
safety condition, service area, service provider, service 2
provider register, sewerage service, sewerage service 3
provider, small service provider, spot audit, strategic asset 4
management plan, system leakage management plan, top of 5
the barrier, trade waste, trade waste approval, water advice 6
and water service-- 7
omit. 8
(2) Schedule 4-- 9
insert-- 10
`annual report means a water authority's annual report under 11
the Financial Administration and Audit Act 1977. 12
approved recycled water management plan see the Water 13
Supply Act, schedule 3. 14
bulk water supply authority means the Queensland Bulk 15
Water Supply Authority established under the South East 16
Queensland Water (Restructuring) Act 2007, section 6. 17
chief executive, for chapter 2A, part 5A, division 4, see 18
section 360ZDK. 19
customer-- 20
1 Generally, customer-- 21
(a) of a service provider that is a local government, 22
means-- 23
(i) a ratepayer of the local government who 24
enjoys registered services supplied by the 25
local government; or 26
(ii) a person who occupies non-residential 27
premises that enjoy registered services 28
supplied by the local government; or 29
(b) of a service provider other than a local 30
government, means-- 31
Page 365
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 747]
(i) a person who purchases registered services 1
supplied by the service provider; or 2
(ii) a person who occupies non-residential 3
premises that enjoy registered services 4
supplied by the service provider. 5
2 In chapter 4 and section 851, customer means a person, 6
other than a ratepayer, for whom a water authority 7
carries out water activities. 8
declarations register see section 360ZCV(1). 9
declared catchment area means a catchment area declared for 10
section 258. 11
declared water service means a water service, or part of a 12
water service, declared under chapter 2A, part 5A, division 2. 13
development condition, of a development approval, means a 14
condition of the approval imposed by, or imposed because of a 15
requirement of, the chief executive as assessment manager or 16
concurrence agency for the application for the approval. 17
distribution service provider means an entity that distributes 18
water supplied by a declared water service to an end-user of 19
the water. 20
executive officer-- 21
(a) of a corporation, means a person who is concerned with, 22
or takes part in, the corporation's management, whether 23
or not the person is a director or the person's position is 24
given the name of executive officer; or 25
(b) of the employing office for a water authority, means the 26
executive officer of the employing office for the water 27
authority appointed under section 628. 28
grid contract document see section 360ZDD(1). 29
grid customer-- 30
(a) means a registered grid participant in the category of 31
grid customer; and 32
Page 366
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 747]
(b) includes an entity mentioned in section 1162. 1
grid service provider-- 2
1 A grid service provider is a water service provider 3
supplying a declared water service. 4
2 An entity proposing to construct, or in the process of 5
constructing, water supply works for supplying a 6
declared water service is a grid service provider in 7
relation to the service when the water supply works are 8
commissioned. 9
3 For item 2, works are commissioned when, under the 10
relevant contract to build the works, they reach a stage 11
under which the building of the works is, in a practical 12
sense, complete. 13
information notice, about a decision under this Act, means a 14
notice-- 15
(a) stating the following-- 16
(i) the decision; 17
(ii) the reasons for the decision; 18
(iii) the name and address of any other person who was 19
given the notice; 20
(iv) that any person given the notice may appeal against 21
the decision within 30 business days after the day 22
the notice is given; and 23
(b) including a copy of the relevant appeal provisions of this 24
Act. 25
limited authority, for chapter 2A, part 5A, division 4, see 26
section 360ZDL(4). 27
market see section 360ZCL. 28
market rules see section 360ZCX(1). 29
owner-- 30
Page 367
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 747]
(a) of land, means any of the following, and includes the 1
occupier of the land-- 2
(i) the registered proprietor of the land; 3
(ii) the lessee or licensee under the Land Act 1994 of 4
the land; 5
(iii) the holder of a mineral development licence or 6
mining lease over the land under the Mineral 7
Resources Act 1989; 8
(iv) the person or body of persons who, for the time 9
being, has lawful control of the land, on trust or 10
otherwise; 11
(v) the person who is entitled to receive the rents and 12
profits of the land; or 13
(b) for chapter 2, part 6, see section 203. 14
receiving entity, for chapter 2A, part 5A, division 4, see 15
section 360ZDN(1)(h). 16
registered grid participant-- 17
(a) means an entity registered, or taken to be registered, as a 18
grid participant for the purpose of the market rules; and 19
(b) includes the following-- 20
(i) a distribution service provider; 21
(ii) a grid service provider. 22
relevant authority, for chapter 2A, part 5A, division 4, see 23
section 360ZDL(3). 24
scheme, for chapter 2A, part 5A, division 4, see section 25
360ZDM. 26
service provider means-- 27
(a) a water service provider; or 28
(b) a sewerage service provider under the Water Supply 29
Act. 30
Page 368
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 4 Amendment of Water Act 2000
[s 747]
sewerage service means-- 1
(a) sewage treatment; or 2
(b) the collection and transmission of sewage through 3
infrastructure; or 4
(c) the disposal of sewage or effluent. 5
spot audit report means a spot audit report under section 6
360ZCAA. 7
transfer notice, for chapter 2A, part 5A, division 4, see 8
section 360ZDN(1). 9
transferring entity, for chapter 2A, part 5A, division 4, see 10
section 360ZDM(2)(b). 11
water grid manager means the SEQ Water Grid Manager 12
established under the South East Queensland Water 13
(Restructuring) Act 2007, section 6. 14
water service means-- 15
(a) water harvesting or collection, including, for example, 16
water storages, groundwater extraction or replenishment 17
and river water extraction; or 18
(b) the transmission of water; or 19
(c) the reticulation of water; or 20
(d) drainage, other than stormwater drainage; or 21
(e) water treatment or recycling. 22
water service declaration means a declaration of a water 23
service, or part of a water service, made by the Minister under 24
chapter 2A, part 5A, division 2. 25
Water Supply Act means the Water Supply (Safety and 26
Reliability) Act 2008.'. 27
(3) Schedule 4, definition allocation notice, `section 283'-- 28
omit, insert-- 29
`section 696(c)'. 30
Page 369
Water Supply (Safety and Reliability) Bill 2008
Chapter 10 Amendment of other Acts
Part 5 Amendment of Water and Other Legislation Amendment Act 2007
[s 748]
(4) Schedule 4, definition approved water efficiency management 1
plan, `or chapter 3, part 2, division 7'-- 2
omit. 3
(5) Schedule 4, definition authorised person, `chapter 3, part 2, 4
division 4'-- 5
omit, insert-- 6
`the Water Supply Act, chapter 2, part 3, division 4'. 7
(6) Schedule 4, definition original decision, `section 851(6)'-- 8
omit, insert-- 9
`section 851(4)'. 10
(7) Schedule 4, definition water efficiency management plan, `or 11
chapter 3, part 2, division 7'-- 12
omit. 13
(8) Schedule 4, definition water service provider, item 1, `chapter 14
3, part 2'-- 15
omit, insert-- 16
`the Water Supply Act, chapter 2, part 3'. 17
Part 5 Amendment of Water and Other 18
Legislation Amendment Act 19
2007 20
748 Act amended in pt 5 21
This part amends the Water and Other Legislation Amendment 22
Act 2007. 23
Page 370
Water Supply (Safety and Reliability) Bill 2008
Chapter 11 Consequential and minor amendments
[s 749]
749 Omission of s 92 (Insertion of new ch 3, pt 3, div 2B) 1
Section 92-- 2
omit. 3
Editor's note-- 4
The legislation ultimately amended is the Water Act 2000. 5
750 Amendment of s 103 (Insertion of new ch 9, pt 5, div 9) 6
Section 103, to the extent it inserts section 1152-- 7
omit. 8
Editor's note-- 9
The legislation ultimately amended is the Water Act 2000. 10
Chapter 11 Consequential and minor 11
amendments 12
751 Laws amended in sch 2 13
(1) Schedule 2 amends the laws mentioned in it. 14
(2) However, subsection (1) does not apply in relation to a 15
particular Act if another provision of this Act states that the 16
schedule amends the particular Act. 17
Page 371
Water Supply (Safety and Reliability) Bill 2008
Schedule 1
Schedule 1 Prohibited substances 1
schedule 3, def prohibited substance 2
1 A solid or viscous substance in a quantity, or of a size, that can 3
obstruct sewerage, or interfere with the operation of sewerage. 4
Examples of solids or viscous substances that are prohibited substances if 5
of a size or in the quantity mentioned in item 1-- 6
· ash, cinders, sand, mud, straw and shavings 7
· metal, glass and plastics 8
· paper and plastic dishes, cups and milk containers whether whole or 9
ground by garbage grinders 10
· rags, feathers, tar and wood 11
· whole blood, paunch manure, hair and entrails 12
· oil and grease 13
· cement laden waste water, including, wash down from exposed 14
aggregate concrete surfaces 15
2 A flammable or explosive solid, liquid or gaseous substance, 16
including petrol. 17
3 Floodwater, rainwater, roof water, seepage water, stormwater, 18
subsoil water and surface water. 19
4 A substance that, given its quantity, is capable alone, or by 20
interaction with another substance discharged into sewerage, 21
of-- 22
(a) inhibiting or interfering with a sewage treatment 23
process; or 24
(b) causing damage or a hazard to sewerage; or 25
(c) causing a hazard for humans or animals; or 26
(d) creating a public nuisance; or 27
(e) creating a hazard in waters into which it is discharged; 28
or 29
Page 372
Water Supply (Safety and Reliability) Bill 2008
Schedule 1
(f) contaminating the environment in places where effluent 1
or sludge from a sewage treatment plant is discharged or 2
reused. 3
Example of substance under item 4-- 4
a substance with a pH lower than 6.0 or greater than 10.0, or having 5
another corrosive property 6
5 A substance at a temperature of more than-- 7
(a) if the local government has approved a maximum 8
temperature for the substance--the approved maximum 9
temperature; or 10
(b) if paragraph (a) does not apply--38ºC. 11
Page 373
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Schedule 2 Consequential and minor 1
amendments 2
section 746 3
Body Corporate and Community Management Act 4
1997 5
1 Section 20(1)(a)(ii), note, `Water Act 2000, section 383'-- 6
omit, insert-- 7
`Water Supply (Safety and Reliability) Act 2008, section 35'. 8
Building Act 1975 9
1 Section 83(1)(f), `Water Act 2000, section 823'-- 10
omit, insert-- 11
`Water Supply (Safety and Reliability) Act 2008, section 192'. 12
Geothermal Exploration Act 2004 13
1 Section 130, heading, `regulator under Water Act 2000'-- 14
omit, insert-- 15
`chief executive (water)'. 16
Page 374
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2 Section 130(1), `regulator under the Water Act 2000'-- 1
omit, insert-- 2
`chief executive (water)'. 3
3 Section 130-- 4
insert-- 5
`(3) In this section-- 6
chief executive (water) means the chief executive of the 7
department administering the Water Act 2000.'. 8
Integrated Planning Act 1997 9
1 Schedule 8, part 1, table 4, item 4, `Water Act 2000'-- 10
omit, insert-- 11
`Water Supply Act'. 12
2 Schedule 8A, table 3, item 3, column 2, paragraph (a)(ii), 13
`Water Act 2000'-- 14
omit, insert-- 15
`Water Supply Act'. 16
3 Schedule 8A, table 3, item 3, column 3, `Water Act 2000'-- 17
omit, insert-- 18
`Water Act 2000 and the Water Supply Act'. 19
4 Schedule 8A, table 4, item 2, column 2, paragraph (a)(iii), 20
`Water Act 2000'-- 21
omit, insert-- 22
`Water Supply Act'. 23
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5 Schedule 8A, table 4, item 2, column 3, `and the Water Act 1
2000'-- 2
omit, insert-- 3
`, Water Act 2000 and the Water Supply Act'. 4
6 Schedule 8A, table 4, item 5, column 2, paragraph (b)(ii), 5
`Water Act 2000'-- 6
omit, insert-- 7
`Water Supply Act'. 8
7 Schedule 8A, table 4, item 5, column 3, `Water Act 2000'-- 9
omit, insert-- 10
`Water Act 2000 and the Water Supply Act'. 11
8 Schedule 8A, table 4, item 11, column 2, paragraph (a)(ii), 12
`Water Act 2000'-- 13
omit, insert-- 14
`Water Supply Act'. 15
9 Schedule 8A, table 4, item 11, column 3, `Water Act 16
2000'-- 17
omit, insert-- 18
`Water Act 2000, the Water Supply Act'. 19
10 Schedule 8A, table 4, item 12, column 2, paragraph (b)(ii), 20
`Water Act 2000'-- 21
omit, insert-- 22
`Water Supply Act'. 23
Page 376
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11 Schedule 8A, table 4, item 12, column 3, `Water Act 1
2000'-- 2
omit, insert-- 3
`Water Act 2000, the Water Supply Act'. 4
12 Schedule 10-- 5
insert-- 6
`Water Supply Act means the Water Supply (Safety and Reliability) 7
Act 2008.'. 8
Land Act 1994 9
1 Section 361, definition full supply level, `Water Act 2000, 10
schedule 4'-- 11
omit, insert-- 12
`Water Supply (Safety and Reliability) Act 2008, schedule 3'. 13
Land Court Act 2000 14
1 Section 32J(1)-- 15
insert-- 16
`(c) the Land Court in its general division is exercising 17
jurisdiction under the Water Supply (Safety and 18
Reliability) Act 2008.'. 19
Page 377
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Schedule 2
Land Title Act 1994 1
1 Section 81A, definition full supply level, `Water Act 2000, 2
schedule 4'-- 3
omit, insert-- 4
`Water Supply (Safety and Reliability) Act 2008, schedule 3'. 5
Local Government Act 1993 6
1 Schedule 2, definition local government Act, paragraphs 7
(e) to (g)-- 8
renumber as paragraphs (f) to (h). 9
2 Schedule 2, definition local government Act, paragraph 10
(d)-- 11
omit, insert-- 12
`(d) the Water Act 2000, chapter 2A; and 13
(e) the Water Supply (Safety and Reliability) Act 2008, 14
chapter 2; and'. 15
Queensland Competition Authority Act 1997 16
1 Section 10(gb), `Water Act 2000, section 891(2)'-- 17
omit, insert-- 18
`Water Supply (Safety and Reliability) Act 2008, section 524(2)'. 19
2 Section 187(3)(i)-- 20
omit, insert-- 21
Page 378
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Schedule 2
`(i) the regulator under the Water Supply (Safety and 1
Reliability) Act 2008, to facilitate the performance of the 2
regulator's function mentioned in section 11(1)(c) of 3
that Act; or'. 4
3 Section 188(c), `Water Act 2000, section 891(2).' and 5
footnote-- 6
omit, insert-- 7
`Water Supply (Safety and Reliability) Act 2008, section 524(2). 8
Editor's note-- 9
· part 5 (Access to services), division 5 (Access disputes about 10
declared services), subdivision 3 (Arbitration of access disputes and 11
making of access determinations) 12
· part 5A (Pricing and supply of water), division 4 (Water supply 13
disputes), subdivision 4 (Arbitration of water supply disputes and 14
making of water supply determinations) 15
· Water Supply (Safety and Reliability) Act 2008, section 524 (Who 16
may apply for arbitration)'. 17
4 Section 239(2)(g)-- 18
omit, insert-- 19
`(g) the regulator under the Water Supply (Safety and 20
Reliability) Act 2008, to facilitate the performance of the 21
regulator's function mentioned in section 11(1)(c) of 22
that Act; or'. 23
5 Schedule, definition party, paragraph (e), `Water Act 2000, 24
section 891(2)'-- 25
omit, insert-- 26
`Water Supply (Safety and Reliability) Act 2008, section 524(2)'. 27
Page 379
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Schedule 2
South East Queensland Water (Restructuring) Act 1
2007 2
1 Chapter 3, part 3, heading, `Water Act'-- 3
omit, insert-- 4
`Water Act and Water Supply Act'. 5
2 Section 69-- 6
insert-- 7
`Water Supply Act means the Water Supply (Safety and Reliability) 8
Act 2008.'. 9
3 Chapter 3, part 3, division 1-- 10
insert-- 11
`70A Words have meanings given by the Water Supply Act 12
`Words defined in the Water Supply Act and used in this part 13
have the same meanings as they have in the Water Supply 14
Act.'. 15
4 Section 73(5), `Water Act, sections 371 and 372'-- 16
omit, insert-- 17
`Water Supply Act, sections 21 and 22'. 18
5 Section 74(1), `Water Act, sections 410 and 429E'-- 19
omit, insert-- 20
`Water Supply Act, sections 73 and 125'. 21
6 Section 74(2), `Water Act, section 414D'-- 22
omit, insert-- 23
`Water Supply Act, section 82'. 24
Page 380
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Schedule 2
7 Section 77, `section 387A'-- 1
omit, insert-- 2
`section 992B'. 3
8 Section 78(3), `Water Act, section 375(1)'-- 4
omit, insert-- 5
`Water Supply Act, section 25(1)'. 6
9 Section 78(3), `Water Act, section 374'-- 7
omit, insert-- 8
`Water Supply Act, section 24'. 9
10 Section 78(4), `Water Act, sections 374 and 375(2)'-- 10
omit, insert-- 11
`Water Supply Act, sections 24 and 25(2)'. 12
11 Section 78(5), `Water Act, section 375'-- 13
omit, insert-- 14
`Water Supply Act, section 25'. 15
12 Schedule 3, definition water service, `Water Act 2000, 16
schedule 4'-- 17
omit, insert-- 18
`Water Supply Act, schedule 3'. 19
13 Schedule 3-- 20
insert-- 21
`Water Supply Act, for chapter 3, part 3, see section 69.'. 22
Page 381
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Water Act 2000 1
1 Section 25E(1), note, `section 389(4) to (6)'-- 2
omit, insert-- 3
`the Water Supply Act, section 43(4) to (6)'. 4
2 Section 25ZE(4), `section 389'-- 5
omit, insert-- 6
`the Water Supply Act, section 43'. 7
3 Section 25ZE(4)-- 8
insert-- 9
`Editor's note-- 10
Water Supply Act, section 43 (Notice of service provider water 11
restriction must be given)'. 12
4 Section 116, `after the application day.'-- 13
omit, insert-- 14
`after-- 15
(a) if the chief executive does not request further 16
information from the applicant about the 17
application--the day the chief executive received the 18
application; or 19
(b) if the chief executive requests further information from 20
the applicant about the application--the day the chief 21
executive receives the information.'. 22
5 Section 360N(1), `or'-- 23
omit, insert-- 24
`or a'. 25
Page 382
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Schedule 2
6 Section 360ZC(2), `from'-- 1
omit, insert-- 2
`from,'. 3
7 Section 360ZCC, `issued'-- 4
omit, insert-- 5
`made'. 6
8 Section 739(1), `or the regulator (the appointer)'-- 7
omit. 8
9 Sections 739(2), 740(3) and (4)(c), 741(2)(b), 742(1) and 9
743, `appointer'-- 10
omit, insert-- 11
`chief executive'. 12
10 Section 739(2), `appointer's opinion'-- 13
omit, insert-- 14
`chief executive's opinion'. 15
11 Section 747(3), `subsection (1) or (2)'-- 16
omit, insert-- 17
`subsection (1), (2) or (2A)'. 18
12 Section 747(4)-- 19
omit. 20
13 Section 780(1) and (2), `, regulator'-- 21
omit. 22
Page 383
Water Supply (Safety and Reliability) Bill 2008
Schedule 2
14 Section 780(3) and (4)-- 1
omit. 2
15 Section 781(1), `, regulator'-- 3
omit. 4
16 Section 781(1)(h)-- 5
omit. 6
17 Section 781(1)(i) and (j)-- 7
renumber as section 781(1)(h) and (i). 8
18 Section 783, `or regulator'-- 9
omit. 10
19 Section 783(2) and (3)-- 11
omit. 12
20 Section 783(3A) and (4), `subsection (1) or (3)'-- 13
omit, insert-- 14
`subsection (1)'. 15
21 Section 784(1), `Subject to subsections (2) and (4), a'-- 16
omit, insert-- 17
`A'. 18
22 Section 784(2), (3), (4) and (5)-- 19
omit. 20
Page 384
Water Supply (Safety and Reliability) Bill 2008
Schedule 2
23 Section 784(6) and (7)-- 1
renumber as section 784(2) and (3). 2
24 Section 789(2), from `modification'-- 3
omit, insert-- 4
`modification of works for taking or interfering with water or other 5
resources.'. 6
25 Section 790(1)(c), `or property or injury to another 7
person'-- 8
omit. 9
26 Section 790(1)(d)-- 10
omit. 11
27 Section 790(2)(c), `property or injury to another person'-- 12
omit, insert-- 13
`natural ecosystems'. 14
28 Section 790(2)(d)-- 15
omit. 16
29 Section 921(1), `or regulator'-- 17
omit. 18
30 Section 934(3)(b)-- 19
omit. 20
31 Section 934(3)(c)-- 21
renumber as section 934(3)(b). 22
Page 385
Water Supply (Safety and Reliability) Bill 2008
Schedule 2
32 Section 956(6) and (7), `service provider or'-- 1
omit. 2
33 Section 1005(1), from `for any'-- 3
omit, insert-- 4
`for policy recommendations.'. 5
34 Section 1010(1), definition official, paragraphs (e), (f) and 6
(g)-- 7
omit, insert-- 8
`(e) a member of an advisory council; or 9
(f) a person acting under the direction of the Minister or the 10
chief executive.'. 11
35 Section 1013(1), `and the regulator'-- 12
omit. 13
36 Section 1014(2), `Without limiting subsection (1), a'-- 14
omit, insert-- 15
`A'. 16
37 Section 1014(2)(c), (f) and (g)-- 17
omit. 18
38 Chapter 9, part 5, division 7, heading, `Bill'-- 19
omit, insert-- 20
`Act'. 21
Page 386
Water Supply (Safety and Reliability) Bill 2008
Schedule 2
39 Section 1145(3), definition section 360ZD, `means 1
360ZD'-- 2
omit, insert-- 3
`means section 360ZD'. 4
40 Section 1146(3), definition section 388, `means 388'-- 5
omit, insert-- 6
`means section 388'. 7
Water Resource (Fitzroy Basin) Plan 1999 8
1 Section 2, from `release'-- 9
omit, insert-- 10
`release.'. 11
2 Section 2-- 12
insert-- 13
`(2) For the purposes of the Statutory Instruments Act 1992, 14
section 54, this plan is taken to have been made on 23 15
December 1999.'. 16
Water Resource (Gold Coast) Plan 2006 17
1 Section 16(b), `or a government agency'-- 18
omit, insert-- 19
`, government agency or the water grid manager'. 20
Page 387
Water Supply (Safety and Reliability) Bill 2008
Schedule 2
2 Section 19(2)(c)-- 1
omit. 2
3 Part 5, division 4, heading, `Interim resource'-- 3
omit, insert-- 4
`Resource'. 5
4 Section 34-- 6
omit, insert-- 7
`34 Water entitlements to be managed under a resource 8
operations licence 9
`Water allocations converted from the following 10
authorisations are to be managed under the resource 11
operations licence for the Nerang water supply scheme-- 12
(a) interim water allocations for the Nerang water supply 13
scheme; 14
(b) other authorisations to take water supplied by the 15
Nerang water supply scheme.'. 16
5 Section 35(1), `interim resource operations licence or'-- 17
omit. 18
6 Schedule 10, section 1, from `consists of'-- 19
omit, insert-- 20
`is the area that consists of-- 21
(a) the Nerang water supply scheme; and 22
(b) the Nerang River downstream of the Hinze Dam at 23
AMTD 36.4km to AMTD 21.2km.'. 24
7 Schedule 11, definition Nerang water supply scheme-- 25
omit, insert-- 26
Page 388
Water Supply (Safety and Reliability) Bill 2008
Schedule 2
`Nerang water supply scheme means the area that consists 1
of-- 2
(a) the impoundment of the Hinze Dam at AMTD 36.4km 3
on the Nerang River; and 4
(b) the impoundment of the Little Nerang Dam at AMTD 5
16.1km on Little Nerang Creek; and 6
(c) Little Nerang Creek downstream of Little Nerang Dam 7
at AMTD 16.1km to AMTD 0km.'. 8
Water Resource (Logan Basin) Plan 2007 9
1 Section 16(b), `or a government agency'-- 10
omit, insert-- 11
`, government agency or the water grid manager'. 12
2 Section 19(2)(c)-- 13
omit. 14
3 Section 29, `Beaudesert Shire Council'-- 15
omit, insert-- 16
`the water grid manager'. 17
4 Section 43(2)-- 18
omit. 19
5 Section 72(2)(a), `, other than the interim water 20
allocations mentioned in schedule 7,'-- 21
omit. 22
Page 389
Water Supply (Safety and Reliability) Bill 2008
Schedule 2
6 Schedule 7-- 1
omit. 2
Water Resource (Mary Basin) Plan 2006 3
1 Section 20(b), `or a government agency'-- 4
omit, insert-- 5
`, government agency or the water grid manager'. 6
2 Section 34(a), `Noosa Shire Council'-- 7
omit, insert-- 8
`the water grid manager'. 9
3 Section 34(b), `Maroochy Shire Council'-- 10
omit, insert-- 11
`the water grid manager'. 12
4 Section 34(c), `Caloundra City Council'-- 13
omit, insert-- 14
`the water grid manager'. 15
Water Resource (Moreton) Plan 2007 16
1 Section 19(b), `or a government agency'-- 17
omit, insert-- 18
`, government agency or the water grid manager'. 19
Page 390
Water Supply (Safety and Reliability) Bill 2008
Schedule 2
2 Section 22(2)(c)-- 1
omit. 2
3 Section 36(2)-- 3
omit. 4
4 Section 40, `Caboolture Shire Council'-- 5
omit, insert-- 6
`the water grid manager'. 7
5 Section 41, `Brisbane City Council'-- 8
omit, insert-- 9
`the water grid manager'. 10
6 Schedule 9-- 11
omit. 12
Page 391
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
Schedule 3 Dictionary 1
section 4 2
administrator see section 530. 3
advisory council means an advisory council established under 4
section 570. 5
anniversary day, for an approved water efficiency 6
management plan, means each anniversary of the day the plan 7
was approved. 8
annual report means-- 9
(a) a report prepared by a service provider under section 10
141(1); or 11
(b) a report prepared by a recycled water provider under 12
section 271. 13
appointer see section 402. 14
appropriately qualified, for a person to whom a power may 15
be delegated, includes having the qualifications, experience or 16
standing appropriate to exercise the power. 17
approved drinking water quality management plan means a 18
drinking water quality management plan approved by the 19
regulator under chapter 2, part 4, division 3. 20
approved form means a form approved under section 585. 21
approved recycled water management plan means a recycled 22
water management plan approved by the regulator, and not 23
suspended or cancelled, under chapter 3. 24
approved system leakage management plan means a system 25
leakage management plan approved by the regulator under 26
section 87. 27
approved validation program means a validation program 28
approved by the regulator under chapter 3. 29
Page 392
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
approved water efficiency management plan means a water 1
efficiency management plan approved under chapter 2, part 3, 2
division 6. 3
approved water supply emergency response see the Water 4
Act, schedule 4. 5
assessment manager has the meaning given by the Planning 6
Act, section 3.1.7. 7
Note-- 8
Under the Planning Act, section 3.1.7 (Assessment manager), the 9
assessment manager, for an application for a development approval is 10
generally the local government for the area in which the development is 11
to be carried out. However, in some circumstances, it may be another 12
entity prescribed under a regulation under that Act or decided by the 13
Minister administering that Act. 14
auditor means-- 15
(a) for an audit under chapter 2, part 4, division 4--the 16
person who, under the division, has prepared, or is to 17
prepare, an audit report for the audit; or 18
(b) for an audit under chapter 3--the person who, under the 19
chapter, has prepared, or is to prepare, an audit report for 20
the audit. 21
authorised officer means a person appointed as an authorised 22
officer under section 402. 23
authorised person, of a service provider, means a person 24
authorised by the service provider under chapter 2, part 3, 25
division 4. 26
available for inspection and purchase, in relation to a 27
document, means the document is available for inspection and 28
purchase under section 574, 575 or 576. 29
billing period, for premises of a customer of a water service 30
provider, means a period during which the water service 31
provider measures the volume of water supplied to the 32
premises for the purpose of charging for the water. 33
bulk water service means the supply of large quantities of 34
water other than as an irrigation service. 35
Page 393
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
category 1 failure impact rating, for a dam, means a category 1
1 failure impact rating for the dam under section 346. 2
category 2 failure impact rating, for a dam, means a category 3
2 failure impact rating for the dam under section 346. 4
commission means the Queensland Water Commission. 5
commission water restriction see the Water Act, section 6
360ZD(1). 7
compliance notice means a notice given under section 465. 8
concurrence agency, for a development application, has the 9
meaning given by the Planning Act. 10
Note-- 11
Under the Planning Act, the concurrence agency for a development 12
application is the entity prescribed under a regulation under that Act as a 13
concurrence agency for the application or, if the functions of the entity 14
in relation to the application have been devolved or delegated to another 15
entity, the other entity. 16
condition-- 17
(a) of an approved recycled water management plan, 18
means-- 19
(i) any regulator conditions for the plan; or 20
(ii) a condition mentioned in section 208(2), (3), (5) or 21
(6) that applies to the plan; and 22
(b) of an exemption, means-- 23
(i) any regulator conditions for the exemption; or 24
(ii) the condition mentioned in section 246(1). 25
connection means a property service that supplies either 26
water supply services or sewerage services, or both, to 27
premises. 28
convicted includes a finding of guilty, and the acceptance of a 29
plea of guilty, by a court, whether or not a conviction is 30
recorded. 31
cost-benefit analysis, for a distribution system, means an 32
analysis of-- 33
Page 394
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
(a) the cost of measures to reduce leakage; and 1
(b) the economic benefit of saving water from leakage; and 2
(c) the reduced operational costs and deferred infrastructure 3
costs that would result from reducing leakage. 4
criminal history, of a person, means the person's criminal 5
history as defined under the Criminal Law (Rehabilitation of 6
Offenders) Act 1986, other than for a conviction-- 7
(a) for which the rehabilitation period under the Criminal 8
Law (Rehabilitation of Offenders) Act 1986 has expired 9
under that Act; and 10
(b) that is not revived as prescribed by section 11 of that 11
Act. 12
critical recycled water scheme means a recycled water 13
scheme declared to be a critical recycled water scheme under 14
chapter 3. 15
customer-- 16
1 Generally, customer-- 17
(a) of a service provider that is a local government, 18
means a ratepayer of the local government who 19
enjoys registered services supplied by the local 20
government; or 21
(b) of a service provider other than a local 22
government, means a person who purchases 23
registered services supplied by the service provider 24
on premises other than a public place or premises 25
owned by a service provider. 26
2 In chapter 2, part 3, division 6 and in the definition of 27
non-residential customer, customer-- 28
(a) of a service provider that is a local government, 29
means-- 30
(i) a ratepayer of the local government who 31
enjoys registered services supplied by the 32
local government; or 33
Page 395
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
(ii) a person who occupies non-residential 1
premises that enjoy registered services 2
supplied by the local government; or 3
(b) of a service provider other than a local 4
government, means-- 5
(i) a person who purchases registered services 6
supplied by the service provider; or 7
(ii) a person who occupies non-residential 8
premises that enjoy registered services 9
supplied by the service provider. 10
customer service standard-- 11
1 Customer service standard means a standard prepared 12
under section 115. 13
2 The term includes the standard as revised under section 14
119. 15
dam-- 16
1 Dam means-- 17
(a) works that include a barrier, whether permanent or 18
temporary, that does or could impound water; and 19
(b) the storage area created by the works. 20
2 The term includes an embankment or other structure 21
that controls the flow of water and is incidental to works 22
mentioned in item (1)(a). 23
3 The term does not include the following-- 24
(a) a rainwater tank; 25
(b) a water tank constructed of steel or concrete or a 26
combination of steel and concrete; 27
(c) a water tank constructed of fibreglass, plastic or 28
similar material. 29
debt notice see section 360(3). 30
declared entity, for a multiple-entity recycled water scheme, 31
means each recycled water provider and other entity, other 32
Page 396
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
than the scheme manager for the scheme, declared to be part 1
of the scheme under chapter 3, part 8. 2
demand management, for water-- 3
1 Demand management for water includes-- 4
(a) reducing demand for water; and 5
(b) increasing the efficiency of water supply works; 6
and 7
(c) increasing the efficiency of the use of water by 8
end-users; and 9
(d) substituting a process that does not use a water 10
resource for one that does use a water resource; 11
(e) substituting one water resource for another. 12
2 For item 1(b), water supply works are water 13
infrastructure or other works for the supply of water or 14
the storage, distribution or treatment of water. 15
designated region means a region designated under the Water 16
Act, section 360D. 17
desired levels of service objectives, for water, includes the 18
maximum duration, frequency, and severity of water 19
restrictions that may be expected by end-users of the water. 20
development has the meaning given by the Planning Act, 21
section 1.3.2. 22
development application means an application for a 23
development approval. 24
development approval means a development approval as 25
defined under the Planning Act. 26
Note-- 27
Under the Planning Act, a development approval is required for certain 28
development. A development approval may be in the form of a 29
preliminary approval, a development permit or a combination of both of 30
them. 31
development condition-- 32
1 Development condition, of a development approval, 33
means a condition of the approval imposed by, or 34
Page 397
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
imposed because of a requirement of, the chief 1
executive as assessment manager or concurrence agency 2
for the application for the approval. 3
2 Development condition includes either of the 4
following-- 5
(a) a safety condition; 6
(b) a condition mentioned in the Water Act, section 7
1068 or 1069. 8
dispute, for chapter 3, part 9, see section 315. 9
dispute notice see section 524(2). 10
distribution system means the infrastructure for-- 11
(a) the transmission of water; or 12
(b) the reticulation of water; or 13
(c) water treatment or recycling. 14
domestic purposes includes irrigating a garden that has an 15
area of not more than 0.25ha and is cultivated for domestic 16
use and not for the sale, barter or exchange of goods produced 17
in the garden. 18
drinking water-- 19
1 Drinking water means water, for human consumption, 20
intended primarily as water for drinking, whether or not 21
the water is used for other purposes. 22
2 Drinking water does not include-- 23
(a) water that is food as defined under the Food Act 24
2006; or 25
(b) water taken or supplied for domestic purposes 26
under the Water Act. 27
drinking water quality management plan means a plan about 28
the storage, treatment, transmission or reticulation of water 29
for drinking by a drinking water service provider. 30
Drinking Water-Quality Management System Auditor 31
Certification Scheme means the scheme-- 32
Page 398
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
(a) relating to the conduct of audits of drinking water 1
service providers; and 2
(b) developed by RABQSA International Inc ARBN 112 3
238 169 and other entities. 4
drinking water service means a water service that is-- 5
(a) the treatment, transmission or reticulation of water for 6
supply as drinking water; or 7
(b) water collection in a water storage, if the water in the 8
storage-- 9
(i) includes recycled water; and 10
(ii) is used to augment a drinking water supply. 11
drinking water service provider means a water service 12
provider for a drinking water service. 13
drought management plan means a drought management 14
plan prepared under section 123. 15
economic dispute, for chapter 3, part 9, see section 315. 16
emergency powers see section 439(1). 17
enforcement order means an order made under chapter 5, part 18
9. 19
executive officer, of a corporation, means a person who is 20
concerned with, or takes part in, the corporation's 21
management, whether or not the person is a director or the 22
person's position is given the name of executive officer. 23
failure, of a referable dam, means-- 24
(a) the physical collapse of all or part of the dam; or 25
(b) the uncontrolled release of any of the dam's contents. 26
failure impact assessment see section 342(1). 27
failure impact assessment guidelines see section 342(1)(b). 28
fire fighting purposes includes training for fire fighting and 29
testing fire fighting equipment. 30
fire fighting system means a system of water pipes, fire 31
hydrants and water storage or pumping facilities connected to 32
Page 399
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
a water service provider's infrastructure solely for fire 1
fighting purposes. 2
flood mitigation manual means a manual prepared under 3
section 370. 4
floodwater means water overflowing, or that has overflowed, 5
from a watercourse or lake onto or over riparian land that is 6
not submerged when the watercourse or lake flows between or 7
is contained within its bed and banks. 8
full supply level, for a dam, means the level of the water 9
surface of the dam when the water storage is at maximum 10
operating level and the dam is not affected by flood. 11
greywater means wastewater from a bath, basin, laundry or 12
shower, whether or not the wastewater is contaminated with 13
human waste. 14
indictable offence means an indictable offence under section 15
492(1). 16
information notice, for a decision of the regulator, chief 17
executive, a local government or an authorised officer, means 18
a notice stating the following-- 19
(a) the decision; 20
(b) the reasons for the decision; 21
(c) the name and address of any other person who was 22
given the notice; 23
(d) that the person to whom the notice is given may appeal 24
against the decision, or apply for arbitration, within 30 25
business days after the notice is given; 26
(e) how to apply for a review. 27
information requirement-- 28
(a) for chapter 2, part 4, division 3--see section 96(3); and 29
(b) for chapter 3, part 2--see section 203(3); and 30
(c) for chapter 3, part 4--see section 238(3); and 31
(d) for chapter 3, part 5--see section 251(3). 32
Page 400
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
interested person see section 510(1). 1
interim resource operations licence means a licence granted 2
under the Water Act, section 175. 3
irrigation service means the supply of water or drainage 4
services for irrigation of crops or pastures for commercial 5
gain. 6
land, for chapter 5, part 2, see section 409. 7
large service provider means-- 8
(a) a service provider primarily providing bulk water 9
services; or 10
(b) for a retail water service or sewerage service--a service 11
provider with more than 25000 connections to a 12
registered service; or 13
(c) for a drinking water service that is the reticulation of 14
water and is not a retail water service--a service 15
provider with more than 25000 connections to a 16
registered service; or 17
(d) for an irrigation service--a service provider with-- 18
(i) more than 500 users; and 19
(ii) a volume throughput, in any of the last 5 financial 20
years, of more than 10000ML. 21
Local Government Act means the Local Government Act 22
1993. 23
medium service provider means-- 24
(a) for a retail water service or sewerage service--a service 25
provider with more than 1000 but not more than 25000 26
connections to a registered service; or 27
(b) for a drinking water service that is the reticulation of 28
water and is not a retail water service--a service 29
provider with more than 1000 but not more than 25000 30
connections to a registered service; or 31
(c) for an irrigation service--a service provider with-- 32
(i) more than 100 but not more than 500 users; and 33
Page 401
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
(ii) a volume throughput, in any of the last 5 financial 1
years, of more than 10000ML. 2
meter includes equipment, related to the meter, for measuring 3
and recording-- 4
(a) the taking of, or interfering with, water; or 5
(b) the quality of water. 6
mining activity means a mining activity as defined under the 7
Environmental Protection Act 1994, section 147. 8
multiple-entity recycled water scheme means a scheme 9
involving the production and supply of recycled water by 10
more than 1 recycled water provider, or at least 1 recycled 11
water provider and another entity, and includes-- 12
(a) each recycled water provider and other entity declared 13
to be part of the scheme under a declaration for the 14
scheme made under chapter 3, part 8; and 15
(b) the infrastructure for the production and supply of the 16
water stated to be part of the scheme under the 17
declaration. 18
non-economic dispute, for chapter 3, part 9, see section 315. 19
non-residential customer means a customer who uses water 20
on non-residential premises. 21
non-residential premises means premises that are not used for 22
ordinary residential purposes, including, for example, tourist 23
accommodation, nursing homes, hostels, hospitals, caravan 24
parks, convents, nurseries, market gardens, turf farms, farms, 25
conference centres and the common property of a community 26
title scheme under the Body Corporate and Community 27
Management Act 1997 or the Building Units and Group Titles 28
Act 1980. 29
notice means written notice. 30
occupier, of land, means the person in actual occupation of 31
the land or, if there is no person in actual occupation, the 32
person entitled to possession of the land. 33
original decision see section 510(2). 34
Page 402
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
outdoor water use conservation plan see section 133(1). 1
owner-- 2
1 An owner of land is any of the following, and includes 3
the occupier of the land-- 4
(a) the registered proprietor of the land under the Land 5
Title Act 1994; 6
(b) the lessee or licensee under the Land Act 1994 of 7
the land; 8
(c) the holder of a mineral development licence or 9
mining lease over the land under the Mineral 10
Resources Act 1989; 11
(d) the person or body of persons who, for the time 12
being, has lawful control of the land, on trust or 13
otherwise; 14
(e) the person who is entitled to receive the rents and 15
profits of the land. 16
2 An owner of a referable dam is the owner of land on 17
which the referable dam is constructed or is to be 18
constructed. 19
party, for chapter 3, part 9, see section 315. 20
petroleum activity means a petroleum activity as defined 21
under the Environmental Protection Act 1994, section 77(1). 22
place, for chapter 2, part 3, division 2, see section 31. 23
place of seizure see section 423(a). 24
plan area, for any plan under this Act, means the part of the 25
State to which the plan applies. 26
Planning Act means the Integrated Planning Act 1997. 27
Planning Act offence means an offence against the Planning 28
Act, section 4.3.1(1), 4.3.2, 4.3.2A, 4.3.3(1), 4.3.4(1), 4.3.5 or 29
4.3.15(1) to the extent the section relates to the taking of, or 30
interfering with, water. 31
Page 403
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
Editor's note-- 1
Planning Act, section 4.3.1 (Carrying out assessable development 2
without permit), 4.3.2 (Self-assessable development must comply with 3
codes), 4.3.2A (Certain assessable development must comply with 4
codes), 4.3.3 (Compliance with development approval), 4.3.4 5
(Compliance with identified codes about use of premises), 4.3.5 6
(Offences about the use of premises) or 4.3.15 (Offences relating to 7
enforcement notices) 8
premises means-- 9
(a) a lot as defined under the Planning Act, section 1.3.5; or 10
(b) for a lot under the Body Corporate and Community 11
Management Act 1997 or the Building Units and Group 12
Titles Act 1980--the common property for the lot. 13
premises group means the land comprised in 2 or more 14
premises all the owners of which have mutual rights and 15
obligations under the Body Corporate and Community 16
Management Act 1997 or the Building Units and Group Titles 17
Act 1980 for their respective ownerships, and includes the 18
common property forming part of-- 19
(a) if the premises are lots included in a community titles 20
scheme under the Body Corporate and Community 21
Management Act 1997--the scheme land under that Act 22
for the scheme; or 23
(b) if the premises are lots under the Building Units and 24
Group Titles Act 1980--the parcel of which the 25
premises form part. 26
prohibited substance, means a substance stated in schedule 1. 27
properly made submission means a submission that-- 28
(a) is in writing and is signed by each person who made the 29
submission; and 30
(b) is received on or before the last day for the making of 31
the submission; and 32
(c) states the name and address of each person who made 33
the submission; and 34
(d) states the grounds of the submission and the facts and 35
circumstances relied on in support of the grounds; and 36
Page 404
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
(e) is received by the person stated in the notice inviting the 1
submission. 2
property service-- 3
1 Property service-- 4
(a) for a water service--is the pipes and fittings 5
installed for connecting premises to a service 6
provider's infrastructure; or 7
(b) for a sewerage service--is a junction, bend, pipe, 8
jump up or graded jump up required to connect a 9
sanitary drain or property sewer to a service 10
provider's infrastructure. 11
2 For item 1(b)-- 12
(a) a graded jump up is an inclined section of pipe 13
joining 2 drains, or a sewer and a sanitary drain or 14
property sewer, at different levels; and 15
(b) a jump up is a vertical section of pipe joining 2 16
drains, or a sewer and a sanitary drain or property 17
sewer, at different levels. 18
property sewer means a sewer for a premises or a premises 19
group. 20
Public Health Act means the Public Health Act 2005. 21
publish, a notice, means to publish the notice-- 22
(a) if the provision states the way the notice must be 23
published--in the way stated in the provision; or 24
(b) if the provision does not state the way the notice must be 25
published--in a newspaper circulating generally 26
throughout the area for which the notice is published. 27
rate notice means a rate notice issued under the Local 28
Government Act. 29
reasonably believes means believes on grounds that are 30
reasonable in the circumstances. 31
recycled water means any of the following that are intended to 32
be reused-- 33
Page 405
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
(a) sewage or effluent sourced from a service provider's 1
sewerage; 2
(b) greywater sourced from a large greywater treatment 3
plant within the meaning of the Plumbing and Drainage 4
Act 2002; 5
(c) wastewater, other than water mentioned in paragraph (a) 6
or (b). 7
recycled water management plan means-- 8
(a) for a single-entity recycled water scheme--a plan about 9
the production and supply of recycled water under the 10
scheme by the recycled water provider for the scheme; 11
or 12
(b) for a multiple-entity recycled water scheme--a plan 13
about the production and supply of recycled water under 14
the scheme consisting of a scheme manager plan and a 15
scheme provider plan for each declared entity for the 16
scheme. 17
recycled water provider means an entity that-- 18
(a) owns infrastructure for the production and supply of 19
recycled water; or 20
(b) another entity, prescribed under a regulation, that owns 21
infrastructure for the supply of recycled water. 22
recycled water scheme means a single-entity or a 23
multiple-entity recycled water scheme. 24
referable dam see section 341. 25
referral agency, for a development application, has the 26
meaning given by the Integrated Planning Act 1997. 27
registered professional engineer see the Professional 28
Engineers Act 2002, schedule 2. 29
registered service, for a service provider, means a water or 30
sewerage service for which the service provider is registered. 31
regular audit means an audit conducted under section 108 or 32
261. 33
regulator see section 10. 34
Page 406
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
regulator conditions-- 1
(a) for an approved recycled water management plan--see 2
section 205(1); and 3
(b) for an exemption--see section 253(1). 4
related local government means a local government who 5
charges for the supply of water for a retail water service if the 6
retail water service is provided by a water service provider 7
who is not the local government. 8
relevant debt see section 360(2). 9
relevant entity, for a recycled water scheme, means-- 10
(a) for a single-entity recycled water scheme--the recycled 11
water provider for the scheme; or 12
(b) for a multiple-entity recycled water scheme--the 13
scheme manager for the scheme. 14
residential premises means premises used ordinarily for a 15
residential purpose. 16
resource operations licence means a resource operations 17
licence granted under the Water Act, chapter 2, part 4, 18
division 3. 19
responsible entity-- 20
(a) for chapter 8, part 1, division 1--see section 530(3); and 21
(b) for chapter 8, part 1, division 2--see section 535(1)(a). 22
retail water service-- 23
1 A retail water service is a water service that is the 24
reticulation of water in a service area for a water service. 25
2 The term does not include-- 26
(a) an irrigation service or a bulk water service in any 27
area; or 28
(b) the supply of recycled water in any area. 29
reused, in relation to recycled water, includes being treated to 30
improve the water's quality, but does not include merely being 31
discharged into, or disposed of in, the environment. 32
Page 407
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
review application see section 512(1). 1
review decision see section 514(1)(c). 2
reviewer see section 512(2). 3
review notice see section 515(1). 4
safety condition, for a dam, means a safety condition for a 5
referable dam decided by the chief executive under section 6
354 and includes a safety condition as changed under section 7
353. 8
sanitary drain means a sanitary drain under the Plumbing and 9
Drainage Act 2002. 10
scheme manager, for a multiple-entity recycled water 11
scheme, see section 300. 12
scheme manager plan, for a multiple-entity recycled water 13
scheme, means a plan about how the scheme manager for the 14
scheme is to coordinate management of the scheme to ensure 15
the continued operation of the scheme. 16
scheme provider plan, for a multiple-entity recycled water 17
scheme, means a plan about the production or supply of 18
recycled water under the scheme by a recycled water provider 19
or other declared entity for the scheme. 20
SEQ region see the Water Act, section 341. 21
service area means an area declared under section 161 for 22
either or both of the following-- 23
(a) a retail water service to customers; 24
(b) a sewerage service to customers. 25
service contract see section 113. 26
service provider means a water service provider or a sewerage 27
service provider. 28
service provider register means the register kept under section 29
12. 30
service provider water restriction see section 41(2). 31
Page 408
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
sewage means household and commercial wastewater that 1
contains, or may contain, faecal, urinary or other human 2
waste. 3
sewerage means a sewer, access chamber, vent, engine, pump, 4
structure, machinery, outfall or other work used to receive, 5
store, transport or treat sewage. 6
sewerage service-- 7
1 Sewerage service means-- 8
(a) sewage treatment; or 9
(b) the collection and transmission of sewage through 10
infrastructure; or 11
(c) the disposal of sewage or effluent. 12
2 For chapter 2, part 3, the term does not include a service 13
supplied by infrastructure, if-- 14
(a) the infrastructure is used solely for mining 15
purposes; or 16
(b) the service is used only by-- 17
(i) the owner of the infrastructure or the owner's 18
guests or employees including, for example, 19
guests at a resort; or 20
(ii) if the owner of the infrastructure is a body 21
corporate for a community titles scheme 22
under the Body Corporate and Community 23
Management Act 1997--the occupants of 24
lots in the scheme. 25
sewerage service provider means a person registered under 26
chapter 2, part 3 as a service provider for a sewerage service. 27
show cause notice means a notice that complies with section 28
463. 29
single-entity recycled water scheme means a scheme 30
involving the production and supply of recycled water by only 31
1 recycled water provider, and includes, if the provider owns 32
infrastructure for the supply, or the production and supply, of 33
the water--the infrastructure. 34
Page 409
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
small service provider means-- 1
(a) for a retail water service or sewerage service--a service 2
provider with 1000 or less connections to a registered 3
service; or 4
(b) for a drinking water service that is the reticulation of 5
water and is not a retail water service--a service 6
provider with 1000 or less connections to a registered 7
service; or 8
(c) for an irrigation service--a service provider with-- 9
(i) 100 or less users; or 10
(ii) a volume throughput, in any of the last 5 financial 11
years, of 10000ML or less; or 12
(d) for a water service other than a water service mentioned 13
in paragraph (a), (b) or (c), a service provider-- 14
(i) with not more than 500 customers; and 15
(ii) that mainly provides drainage services or water for 16
domestic purposes or for watering stock. 17
spot audit means an audit conducted under section 110 or 18
262. 19
stock purposes, in relation to taking water, means-- 20
(a) watering stock of a number that would normally be 21
depastured on the land on which the water is, or is to be, 22
used; or 23
(b) watering travelling stock on a stock route under the 24
Land Protection (Pest and Stock Route Management) 25
Act 2002, schedule 3. 26
stormwater drainage means a drain, channel, pipe, chamber, 27
structure, outfall or other work used to receive, store, 28
transport or treat stormwater. 29
strategic asset management plan means a plan certified by a 30
registered professional engineer under chapter 2, part 4, 31
division 1. 32
Page 410
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
subartesian water means water that occurs naturally in, or is 1
introduced artificially into, an aquifer, which if tapped by a 2
bore, would not flow naturally to the surface. 3
submitter notice see section 513(3)(a). 4
suitably qualified, in relation to a person who prepares a 5
report about an audit under chapter 3, means a person who-- 6
(a) has the experience or qualifications appropriate to 7
conduct the audit to which the report relates; or 8
(b) if a regulation prescribes the experience or 9
qualifications necessary for a person to conduct the 10
audit to which the report relates--has the experience or 11
qualifications prescribed under the regulation. 12
supply, in relation to recycled water, means-- 13
(a) for greywater, sewage or effluent that is recycled 14
water-- 15
(i) reuse of the recycled water by the entity that 16
produces it; or 17
(ii) supply of the recycled water, by the entity that 18
produces it, to another entity for reuse; or 19
(b) for other recycled water--supply of the recycled water, 20
by the entity that produces it (the producer), to another 21
entity for reuse, other than another entity prescribed 22
under a regulation as a related entity of the producer. 23
supply contract means a contract for the storage and supply of 24
water under a water entitlement, a water supply emergency 25
declaration or a water supply emergency regulation. 26
system leakage management plan means a plan certified by a 27
registered professional engineer under chapter 2, part 4, 28
division 2. 29
system operating plan means a system operating plan under 30
the Water Act, chapter 2A, part 5, division 2. 31
taking, for water, includes diverting water. 32
trade waste means water-borne waste from business, trade or 33
manufacturing premises, other than-- 34
Page 411
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
(a) waste that is a prohibited substance; or 1
(b) human waste; or 2
(c) stormwater. 3
trade waste approval see section 180(1). 4
trade waste compliance notice see section 330(2). 5
transferee see section 24(1). 6
transferor see section 24(1). 7
underground water means water that is-- 8
(a) artesian water; or 9
(b) subartesian water. 10
validate, in relation to a recycled water scheme, means to 11
carry out testing of the plant or equipment used for the 12
treatment of recycled water under the scheme to show the 13
quality of the recycled water consistently meets the water 14
quality criteria for recycled water relevant to the scheme. 15
validation program, for a recycled water scheme, means a 16
documented program about how the plant or equipment used 17
for the treatment of recycled water under the scheme are to be 18
tested to show the quality of the recycled water consistently 19
meets the water quality criteria for recycled water relevant to 20
the scheme. 21
vegetation-- 22
(a) means native plants including trees, shrubs, bushes, 23
seedlings, saplings and reshoots; and 24
(b) for a wild river area under the Wild Rivers Act 2005, 25
includes dead vegetation. 26
wastewater means the spent or used water generated on 27
premises from industrial, commercial or manufacturing 28
activities, or animal husbandry activities prescribed under a 29
regulation, other than spent or used water generated from an 30
agricultural activity or a mining activity or petroleum activity. 31
Water Act means the Water Act 2000. 32
water advice see section 139(2). 33
Page 412
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
water allocation means an authority granted under the Water 1
Act, section 121 or 122 to take water. 2
water authority means a water authority established under the 3
Water Act. 4
watercourse see the Water Act, schedule 4. 5
water efficiency management plan see section 52. 6
water entitlement means-- 7
(a) a water allocation; or 8
(b) an interim water allocation as defined in the Water Act, 9
schedule 4; or 10
(c) a water licence. 11
water infrastructure means works operated by the State or the 12
holder of an interim resource operations licence, resource 13
operations licence or other authorisation that is relevant to the 14
management of water entitlements. 15
water licence means a licence granted under the Water Act, 16
chapter 2, part 6, division 2. 17
water quality criteria-- 18
(a) for drinking water, means all of the following-- 19
(i) the standards for the quality of drinking water 20
prescribed in a regulation under the Public Health 21
Act; 22
(ii) the criteria stated in a guideline, if any, made by 23
the regulator about the quality of drinking water; 24
and 25
(b) for recycled water, means all of the following-- 26
(i) the standards for the quality of recycled water, 27
relating to the sources and uses of the water, 28
prescribed in a regulation under the Public Health 29
Act; 30
(ii) the criteria for the quality of recycled water, 31
relating to the sources and uses of the water-- 32
Page 413
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
(A) stated in a guideline, if any, made by the 1
regulator about the quality of recycled water; 2
or 3
(B) in relation to the quality of recycled water to 4
which a recycled water management plan or 5
an exemption relates--stated in a regulator 6
condition for the plan or exemption. 7
water service-- 8
1 Water service means-- 9
(a) water harvesting or collection, including, for 10
example, water storages, groundwater extraction or 11
replenishment and river water extraction; or 12
(b) the transmission of water; or 13
(c) the reticulation of water; or 14
(d) drainage, other than stormwater drainage; or 15
(e) water treatment or recycling. 16
2 For chapter 2, part 3, the term does not include a service 17
supplied by infrastructure, if-- 18
(a) the infrastructure is used solely for mining 19
purposes; or 20
(b) the service is used only by-- 21
(i) the owner of the infrastructure or the owner's 22
guests or employees including, for example, 23
guests at a resort; or 24
(ii) if the owner of the infrastructure is a body 25
corporate for a community titles scheme 26
under the Body Corporate and Community 27
Management Act 1997--the occupants of 28
lots in the scheme. 29
water service provider means a person registered under 30
chapter 2, part 3, as a service provider for a water service. 31
water supply emergency see the Water Act, section 25A. 32
Page 414
Water Supply (Safety and Reliability) Bill 2008
Schedule 3
water supply emergency declaration means a declaration 1
made under the Water Act, section 25B. 2
water supply emergency regulation see the Water Act, 3
section 25F. 4
water supply emergency response see the Water Act, section 5
25C. 6
works means-- 7
(a) operations of any kind and all things constructed, 8
erected or installed for the purposes of this Act; and 9
(b) any land used for the operations. 10
11
© State of Queensland 2008
Page 415
AMENDMENTS TO BILL
Water Supply (Safety and Reliability) Bill 2008
Water Supply (Safety and Reliability) Bill
2008
Amendments agreed to during Consideration
1 Clause 49 (Liability of service providers for negligence)--
At page 49, line 16, `lessee of a service provider or
operator'--
omit, insert--
`operator of relevant water infrastructure or lessee of a service
provider or operator of water infrastructure'.
2 Clause 49 (Liability of service providers for negligence)--
At page 49, lines 26 to 28--
omit, insert--
`an event or circumstance includes--'.
3 Clause 49 (Liability of service providers for negligence)--
At page 50, line 4, `released from,'--
omit, insert--
`released, from water infrastructure,'.
4 Clause 49 (Liability of service providers for negligence)--
At page 50, line 9, `includes'--
omit, insert--
`means infrastructure that is'.
Page 1
Water Supply (Safety and Reliability) Bill 2008
5 Clause 49 (Liability of service providers for negligence)--
At page 50, line 20, before `water infrastructure'--
insert--
`relevant'.
6 Clause 80 (Preparing system leakage management
plan)--
At page 63, line 20, `subsection (3)'--
omit, insert--
`subsection (2)'.
7 Clause 103 (Requirement about giving water quality
information)--
At page 76, lines 4 and 5, `service provider for the water
storage or other infrastructure, ask the service provider'--
omit, insert--
`owner of the water storage or other infrastructure, ask the
owner'.
8 Clause 103 (Requirement about giving water quality
information)--
At page 76, line 11, `service provider for'--
omit, insert--
`owner of'.
9 Clause 103 (Requirement about giving water quality
information)--
At page 76, line 16, `service provider for'--
omit, insert--
`owner of'.
Page 2
Water Supply (Safety and Reliability) Bill 2008
10 Clause 103 (Requirement about giving water quality
information)--
At page 76, line 18, `provider'--
omit, insert--
`owner'.
11 Clause 103 (Requirement about giving water quality
information)--
At page 76, line 20, `service provider for'--
omit, insert--
`owner of'.
12 Clause 103 (Requirement about giving water quality
information)--
At page 76, line 22, `service provider'--
omit, insert--
`owner'.
13 Clause 103 (Requirement about giving water quality
information)--
At page 76, line 24, `service provider for'--
omit, insert--
`owner of'.
14 Clause 103 (Requirement about giving water quality
information)--
At page 76, lines 25 and 26, `service provider, any amount the
provider'--
omit, insert--
`owner, any amount the owner'.
Page 3
Water Supply (Safety and Reliability) Bill 2008
15 Clause 584 (Non-payment of fees or charges)--
At page 253, line 3, after `chief executive'--
insert--
`or regulator'.
16 Clause 584 (Non-payment of fees or charges)--
At page 253, line 6, after `chief executive'--
insert--
`or regulator'.
17 Clause 584 (Non-payment of fees or charges)--
At page 253, line 14, after `executive'--
insert--
`or regulator'.
18 Clause 612 (Hazardous dams)--
At page 267, lines 8 and 9, `Gladstone Area Water Board Act
1984'--
omit, insert--
`Water Resources Act 1989'.
19 Clause 745 (Insertion of new ch 9, pt 5, div 11)--
At page 361, lines 17 and 18, `supply contact'--
omit, insert--
`particular contract'.
Page 4
Water Supply (Safety and Reliability) Bill 2008
20 Clause 745 (Insertion of new ch 9, pt 5, div 11)--
At page 361, line 22, `supply contract'--
omit, insert--
`contract'.
21 Clause 745 (Insertion of new ch 9, pt 5, div 11)--
At page 361, line 25, `supply contract'--
omit, insert--
`contract'.
22 Clause 745 (Insertion of new ch 9, pt 5, div 11)--
At page 362, line 1, `supply contract'--
omit, insert--
`contract'.
23 Clause 745 (Insertion of new ch 9, pt 5, div 11)--
At page 362, line 4, `supply contract'--
omit, insert--
`contract'.
24 Clause 745 (Insertion of new ch 9, pt 5, div 11)--
At page 362, line 5, `supply contract'--
omit, insert--
`contract'.
25 Clause 745 (Insertion of new ch 9, pt 5, div 11)--
At page 362, line 9, `supply contract'--
omit, insert--
`contract'.
Page 5
Water Supply (Safety and Reliability) Bill 2008
26 Clause 747 (Amendment of sch 4 (Dictionary))--
At page 370, after line 10--
insert--
` `(6A) Schedule 4, definition water, item 2, after `chapter 2A'--
insert--
`and section 1163.'.
© State of Queensland 2008
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